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RESOLUTION 92-20576 RESOLUTION NO. 92-20576 A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN AMENDMENT TO SECTION 6 OF THE MIAMI BEACH CITY CHARTER PROVIDING FOR THE PRESERVATION OF PUBLIC PARK, RECREATION, AND WATERFRONT LAND WITHIN MIAMI BEACH BY REQUIRING AN AFFIRMATIVE VOTE OF A MAJORITY OF THE ELECTORS PRIOR TO THE SALE, EXCHANGE, CONVEYANCE OR LEASE OF FIVE (5) YEARS OR LONGER OF SUCH LANDS; EXEMPTING THEREFROM PREVIOUSLY EXISTING WRITTEN CONTRACTUAL COMMITMENTS, BIDS OR BONDED INDEBTEDNESS, UTILITY OR ACCESS EASEMENTS, RIGHT-OF-WAYS, CITY-OWNED EDUCATIONAL AND, LIBRARY PROPERTIES, AND PARKING FACILITIES NOT LOCATED ON PARK, RECREATION, OR WATERFRONT LAND, PARCEL 2 OF SOUTH POINTE PARK AND PARCEL 1 OF THE NORMANDY ISLE STASH SITE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7 : 00 a.m. to 7 : 00 p.m. on Tuesday, November 3 , 1992 for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2 . That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, with Dade County' s certification of the results of said Special Election being accepted by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated and results duly accepted by said appropriate Dade County Officials. SECTION 3 . Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. SECTION 4 . Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may register to vote at the City registration office located in the lobby of City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, each and every Wednesday until September 30, 1992 , between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Dade County. All questions concerning voter registration should be directed to the Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130 ; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone: (305) 375-5553 . SECTION 5. Copies of the proposed amendment shall be made available to the electors at the office of the City Clerk from 9 : 00 a.m. to 5: 00 p.m. each day, Saturdays, Sundays, and holidays excepted, not later than thirty days prior to the date of said election. SECTION 6. Not less than thirty days ' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. 2 SECTION 7 . The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 : 00 A.M. UNTIL 7 : 00 P.M. ON THE 3RD DAY OF NOVEMBER, 1992 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: LIMITATION ON SALE OR LEASE OF PARK, RECREATION, OR WATERFRONT LAND LOCATED WITHIN MIAMI BEACH SHALL MIAMI BEACH CHARTER SECTION 6 BE AMENDED REQUIRING REFERENDUM APPROVAL BEFORE SALE, EXCHANGE, CONVEYANCE, OR LEASE FOR FIVE YEARS OR LONGER, OF PUBLIC PARK, RECREATION, AND WATERFRONT LAND WITHIN MIAMI BEACH; EXEMPTING EXISTING WRITTEN CONTRACTUAL COMMITMENTS, BIDS , BONDED INDEBTEDNESS , UTILITY/ACCESS EASEMENTS , RIGHT-OF-WAYS , CITY-OWNED EDUCATIONAL/LIBRARY PROPERTIES, PARKING FACILITIES NOT LOCATED ON PARK, RECREATION, OR WATERFRONT LAND, PARCEL 2 OF SOUTH POINTE PARK, AND PARCEL 1 OF NORMANDY ISLE STASH SITE. YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 3 , 1992 , hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, NOVEMBER 3 , 1992 NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 : 00 A.M. UNTIL 7 : 00 P.M. ON THE 3RD DAY OF NOVEMBER, 1992 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: LIMITATION ON SALE OR LEASE OF PARK, RECREATION, OR WATERFRONT LAND LOCATED WITHIN MIAMI BEACH SHALL MIAMI BEACH CHARTER SECTION 6 BE AMENDED 3 • REQUIRING REFERENDUM APPROVAL BEFORE SALE, EXCHANGE, CONVEYANCE, OR LEASE FOR FIVE YEARS OR LONGER, OF PUBLIC PARK, RECREATION, AND WATERFRONT LAND WITHIN MIAMI BEACH; EXEMPTING EXISTING WRITTEN CONTRACTUAL COMMITMENTS, BIDS, BONDED INDEBTEDNESS , UTILITY/ACCESS EASEMENTS , RIGHT-OF-WAYS , CITY-OWNED EDUCATIONAL/LIBRARY PROPERTIES, PARKING FACILITIES NOT LOCATED ON PARK, RECREATION, OR WATERFRONT LAND, PARCEL 2 OF SOUTH POINTE PARK, AND PARCEL 1 OF NORMANDY ISLE STASH SITE. YES NO SECTION 9 . Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 10 . That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Dade County, Florida. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 2nd day of September , 1992 . if )10, • ATTEST: -&- CITY CLERK elt41X JO/jal (requested by Mayor Seymour Gelber) (a:\res ord\lspelpar.res) ��. ISI APPROVEDrJ 4 LE LDF,: 13y : ILAdik,‘ Late PROPOSED CHARTER AMENDMENT RE: SECTION 6 OF THE CITY CHARTER RELATING TO PUBLIC PARK AREAS A. Proposed Ballot Question: LIMITATION ON SALE OR LEASE OF PARK, RECREATION, OR WATERFRONT LAND LOCATED WITHIN MIAMI BEACH SHALL MIAMI BEACH CHARTER SECTION 6 BE AMENDED REQUIRING REFERENDUM APPROVAL BEFORE SALE, EXCHANGE, CONVEYANCE, OR LEASE FOR FIVE YEARS OR LONGER, OF PUBLIC PARK, RECREATION, AND WATERFRONT LAND WITHIN MIAMI BEACH; EXEMPTING EXISTING WRITTEN CONTRACTUAL COMMITMENTS, BIDS, BONDED INDEBTEDNESS, UTILITY/ACCESS EASEMENTS, RIGHT-OF- WAYS, CITY-OWNED EDUCATIONAL/LIBRARY PROPERTIES, PARKING FACILITIES NOT LOCATED ON PARK, RECREATION, OR WATERFRONT LAND, PARCEL 2 OF SOUTH POINTE PARK, AND PARCEL 1 OF NORMANDY ISLE STASH SITE. YES NO B. Proposed Text: Section 6 . Powers of city generally. The City of Miami Beach shall have the power: (a) To sue and be sued, to acquire by purchase, gift, devise, bequest, lease or other agreement, real and personal property for the benefit of the city, its citizens and its winter and summer visitors, and to foster, develop and enhance the tourist attractions of the city, and to use the same for municipal revenue or for any of its purposes, including in such property realty for park, recreational and public amusement purposes, such as golf courses, bathing beaches, athletic fields, and other necessary sites and locations for baseball , football , basketball, tennis, bowling on the green, shuffle board, checkers and other outdoor sports, recreations and amusements; subject to the provisions of paragraph 6 (b) below, the city may also act to improve and develop such realty by constructing thereon parks, gardens, golf courses, fair and carnival grounds and public concourses, and by building thereon such club houses, exhibition halls, auditoriums, theaters, show places, concession stands and other buildings which may be deemed necessary, profitable or advantageous for the development of public amusements and recreations, and the attraction of the city for tourists; to maintain, conduct, operate, improve and develop such recreational and tourist amusement features of the city through employees or through concessionaires, and to require or permit the charge of reasonable admissions and fees for the amusement, recreation and privileges afforded by the city. Subject to paragraph 6 (b) below, to sell , lease, operate any of its property or any portion thereof, real or personal ; to operate property acquired for revenue; to lease and construct and maintain and operate telephone system or systems ; street or local railway, busses or bus lines for transportation of freight or passengers for hire; works or plants for supplying the inhabitants of said city with water, ice, gas, light,power or heat; to construct and maintain bridges, viaducts, subways or tunnels, a city hall, city jail , garages, machine shops, fire stations, incinerators, laboratories for tests and analyses, hospitals, market houses, docks, wharves, warehouses, barges, tugs, seawalls, bulkheads, and/or board or other walks, or plants, or groynes or jetties or other things for the protection of any land or other property within its territorial limits from the effects of wind or water, or for the recreation, welfare or convenience of its inhabitants and that any or all of the aforesaid may be constructed and operated upon property of said city, or on which it has perpetual easement, or which is dedicated to said city or the public; provided, however, that no concession for the conduct or operation of any recreational or amusement facility, other than leases of the Theater of the Performing Arts, Convention Center, or Flamingo Park Tennis Center, may be granted by the city unless the public notice calling for sealed bids therefor has been published in a newspaper of general circulation in Miami Beach or Dade County no less than fifteen days prior to such grant. (b) The right given in this Act on the part of the City of Miami Beach, to sell, exchange, convey or lease for five (5) years or longer including option periods that part of its real property located within the City ' s municipal boundaries now or hereafter held for park, recreation, or waterfront purposes or as public parks, shall not accrue or be operative on the part of said city except when and as said property has ceased to be used by the public generally for such purposes; provided, however, that the 2 • • • restriction contained in this section shall not be interpreted as preventing the city from having all the powers given and granted in section 6 (a) hereof other than restrict the absolute sale, exchange, conveyance or lease of five (5) years or longer including option periods of park, recreation, or waterfront property while it is being used for park such purposes unless such sale, exchange, conveyance or lease of five (5) years or longer, including option periods, for uses including commercial uses, is approved by a majority vote of the voters in a city-wide referendum. These provisions shall be liberally construed in favor of the preservation of all park, recreation, and waterfront lands. These provisions shall not be construed to apply to any previously existing valid written contractual commitments or bids or bonded indebtedness. Further, these provisions shall not apply to any City-owned educational facility or library property, any parking facility not located on park, recreation, and waterfront or to any utility or access easements or right-of-ways, or to that triangular parcel of City-owned property known as Parcel 2 of South Pointe Park located within the Miami Beach Redevelopment Area, said parcel generally described as being 138 . 87 feet fronting on Biscayne Boulevard with a northerly boundary of 265 . 43 feet adjacent to Block 8 of South Pointe Development Company, and a southeasterly boundary of 226 . 20 feet adjacent to Cook Inlet Region property, nor shall these provisions apply to Parcel 1 of the Normandy Isle stash site whose street address is 1185 Biarritz Drive, Miami Beach, Florida. To pave, repave, curb, macadamize, remacadamize, open, widen, and otherwise improve highways by whatever designation they are known, and to close, discontinue and vacate any part thereof; to construct and maintain sidewalks, sewers, drains, conduits, police or fire alarm systems, whiteway or other lighting systems and to regulate or restrict the use of all highways, parks or public grounds and any of the works or plants or things hereinbefore mentioned by its inhabitants or other persons and to prevent the obstruction of any thereof; and for such purposes to classify 3 I I persons using or vehicles used on any public ground, highway or plant or other things hereinbefore provided for, for his or their business or pleasure and to regulate and/or provide the conditions under which any such class may or may not use such public grounds, highway or plant or other things, or to prohibit such use for business purposes; to install and maintain signs or instrumentalities to be observed in the use of any public highway, plant or ground and to provide regulations with reference to the operation and speed and manner of movement of all manner of vehicles or other thing moved over the same and provide for the observance of such signs or instrumentalities both by pedestrians and the operators of such vehicles and to regulate the services to be rendered and rates to be charged by busses, jitneys, cabs or any other vehicles carrying passengers or freight or other things within said city or to points from without to points within said city, or from points within to points without; and to regulate and limit the speed at which streetcars and motor or other vehicles may be operated in any public place or highway and the speed at which watercraft may be operated in the waters or any parts thereof within said city and to provide whether and under what conditions watercraft may be anchored or landed and to regulate the minimum height at which aircraft may be flown and prohibit the operation over places where people are congregated or the landing thereof near where people are collected. JO/jal (a:res-ord\6bamen4.res) 4 • OFFICE OF THE CITY ATTORNEY 64 114A- omue eiyead F L O R I D A LAURENCE FEINGOLD * INCORr,ORAT[D*; PO BOXO CITY ATTORNEY '%CH26___ MIAMI BEACH FLORIDA 331'9-2032 TELEPHONE (305)673-7470 TELECOPY 1305)673-7002 COMMISSION MEMORANDUM NO. - 2- . � 1 DATE: September 2 , 1992 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER CARLTON FROM: LAURENCE FEINGOLD CITY ATTORNEY ` ' SUBJECT: RESOLUTION ON SALE OR LEASE OF PUBLIC PARK LAND The attached resolution calls for a question to be placed on the November 3 , 1992 ballot which would require that the electorate approve any sale or lease (of greater than five years) of any City owned park, recreation or open space land. This proposal, which is generally styled after the proposal Dan Paul is attempting to place as a county-wide measure on the November ballot, has two significant differences from the Paul proposal. First, it is local in scope in that only Miami Beach electors would vote on the sale or lease of Miami Beach property. Second, it does not limit the ability of the City to improve such lands without a vote of the electorate, nor does it limit the size of such potential improvements. The proposal simply requires that prior to conveyance or long-term encumbrance of City property that the electorate be allowed a voice in the disposition and use of public land. LF/JCD:cnm misc4.a:parks2.cm 4 AGENDA _ ITEM � 1P--- DATE � Z 3C `,C)NvENTION CENTER DRIVE — — MIAMI BEACH FLORIDA 33'39 ORIGINAL RESOLUTION NO. 92-20576 Calling a sepcial election to be held on Tuesday, November 3, 1992 for the purpose of submitting to the electorate of the City • of Miami Beach an amendment to Section 6 of the Miami Beach City Charter providing for the preservation of public parks, recreation, and waterfront land within Miami Beach by requiring an affirmative vote of a majority of the electors prior tc the sale, exchange, convenyance or lease of five (5) years or longer of such lands; . . . pistemommangimmeatummiummem }