RESOLUTION 93-20832 r'
RESOLUTION NO. 93-20832
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING
FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 1993 FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH
AN AMENDMENT TO THE MIAMI BEACH CITY CHARTER
DELETING THEREFROM PROVISIONS GOVERNING THE
CITY OF MIAMI BEACH HEALTH ADVISORY BOARD AND
INCORPORATING SAME INTO THE MIAMI BEACH CITY
CODE.
BE IT RESOLVED BY THE MAYOR AND 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 2 , 1993 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 o f 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 October 4 , 1993 ,
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.
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 MAYOR AND 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 2ND DAY OF NOVEMBER,
1993 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
2
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a I
REMOVAL OF HEALTH ADVISORY BOARD FROM CHARTER
INTO CITY CODE.
Shall provisions governing the City of Miami
Beach Health Advisory Board be deleted from
the Miami Beach City Charter and incorporated
into the Miami Beach City Code?
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be
held on November 2 , 1993 , hereby called, shall be in substantially
the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 2 , 1993
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND 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 2ND DAY OF NOVEMBER,
1993 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
REMOVAL OF HEALTH ADVISORY BOARD FROM CHARTER
INTO CITY CODE.
Shall provisions governing the City of Miami
Beach Health Advisory Board be deleted from
the Miami Beach City Charter and incorporated
into the Miami Beach City Code?
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,
3
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Florida.
SECTION 11.
This resolution shall be effective immediately upon its
passage.
difPASSED and ADOPTED this 14th day of July , 1993 .
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MAYOR
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CITY CLERK
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LIST OF POLLING PLACES
OF- MIAMI BEACH
PCT. LOCATION ADDRESS
******************************************************* *4
011 BISCAYNE ELEMENTARY 800 - 77 ST
013 NORTH SHORE RECREATION CENTER 501 - 72 ST
014 NORTH SHORE RECREATION CENTER 561 - 72 ST
015 FAIRWAY PARK 200 FAIRWAY DR
018 NORMANDY SHORES GOLF COURSE 2401 BIARRITZ DR
019 NORMANDY ISLE MUNICIPAL POOL 1765 - 71 ST
021 NORTH SHORE RECREATION CENTER 501 - 72 ST
022 CASABLANCA HOTEL 6345 COLLINS AVE
021 MIAMI BEACH FIRE STATION 43 5303 COLLINS AVE
024 NAUTILUS MIDDLE SCHOOL 4301 NORTH MICHIGAN AVE
025 MIAMI BEACH FIRE STATION #3 5303 COLLINS AVE
027 OCEAN GRANDE HOTEL 3651 COLLINS AVE
028 NORTH BEACH ELEMENTARY SCHOOL 4100 PRAIRIE AVE
029 TEMPLE BETH SHOT,OM 4144 CHASE AVE
030 BAYSHORE GOLF COURSE 2301 ALTON RD
031 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DR
032 MIAMI BEACH PUBLIC LIBRARY - AUDIT 2100 COLLINS AVE
033 BARCLAY PLAZA HOTEL & APARTMENT 1940 PARK AVE
034 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DRIVE
035 21st STREET COMMUNITY CENTER 2100 WASHINGTON AVF
036 MIAMI BEACH POLICE ATHLETIC LEAGUE 999 - 11 ST
037 MORTON TOWERS APARTMENTS 1500 BAY RD
038 MIAMI BEACH ROD & REEL CLUB 208 SOUTH HIBISCUS DR
039 FLAMINGO PARK TEEN CENTER 1000 - 12 ST
010 ST FRANCIS DE SALES CHURCH 621 ALTON RD
041 MIAMI BEACH FIRE STATION ##1 1051 JEFFERSON AVE
042 MIAMI BEACH SENIOR CENTER 610 ESPANOLA WAY
043 LA FLORA HOTEL 1238 COLLINS AVE
044 OCEAN FRONT AUDITORIUM 1001 OCEAN DR
045 SOUTH SHORE COMMUNITY CTR 833 - 6 ST
046 SOUTH SHORE COMMUNITY CTR 833 - 6 ST
048 SOUTH POINTE PARK 1 WASHINGTON AVE
EXHIBIT "A"
06/22/93 CJ
OFFICE OF THE CITY ATTORNEY
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LAURENCE FEINGOLD P O BOX O
CITY ATTORNEY
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TELEPHONE(305)673-7470
COMMISSION MEMORANDUM NO:_a_2:93
TELECOPY (305)673-7002
TO: MAYOR SEYMOUR GELBER DATE: JULY 14 , 1993
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM:
LAURENCE FEINGOLD
CITY ATTORNEY /' 'z
SUBJECT: NEW PROPOSED CITY OF MIAMI BEACH CHARTER - PUBLIC HEARING
Pursuant to the City Commission's directive of June 30,
1993 , a Public Hearing before the Miami Beach City Commission has
been scheduled for July 14, 1993 concerning the new proposed City
of Miami Beach Charter. (A copy of the Charter is attached
hereto) . Once the public hearing is closed, the City Commission
must then vote on whether to present the issue of a new proposed
City Charter to the voters. Accordingly, resolutions calling for
a November 2 , 1993 Special Election are also attached hereto
concerning the following ballot questions:
- Shall the existing Miami Beach City Charter be
repealed and replaced by a new revised Charter
incorporating a Citizens' Bill of Rights and
reflecting the grant of municipal powers
established in Florida's 1968 Constitution as
amended and the 1973 Municipal Home Rule
Powers Act (Chapter 166, Florida Statutes) ,
while retaining provisions governing
"Corporate Existence, Form of Government,
Boundary and Power" , "City Commission" , "City
Attorney" , "City Manager and Administrative
Organization" , "Budget/Finance", "Elections",
and "Initiative/Referendum"?
- Shall the Miami Beach City Charter be amended
to grant the City Commission power, upon a
5/7ths vote of said Commission, to issue
subpoenas for the purpose of conducting
internal City investigations?
* * *
- Sall provisions governing the City of Miami
Beach Health Advisory Board be deleted from
the Miami Beach City Charter and incorporated
into the Miami Beach City Code?
* * *
- Shall the Miami Beach City Charter be amended
to provide that vacancies in the City
Commission be filled by Commission vote with
appointee serving remainder of unexpired term
until next general City election, at which
time any further remainder of unexpired term
AGENDA -� �9
ITEM -
%00 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BE
DATE - 1 - '?3
1
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
JULY 14, 1993
PAGE 2
shall be filled by a Commissioner elected at
said general election; retaining provision
calling for special election to fill vacancy
in the event said vacancy is not filled by the
City Commission?
If a majority of the electors voting at the November 2,
1993referendum vote in favor of the newproposed Charter, the City
Commission shall file the new Charter with the Department of State
and the Charter shall become effective as provided therein or by
law. Conversely, in the event that the City's electorate fails to
approve by majority vote the new proposed Charter, the existing
Charter provisions shall remain as its provisions existed prior to
the November 2, 1993 election date -- electorate disapproval of the
new proposed Charter shall not constitute a ratification or
readoption of existing Charter provisions.
Additional language to the new proposed Charter has been
suggested by a member of the City Commission, concerning the
following:
- An independent City Auditor may be appointed as
deemed necessary by the City Commission; both
appointment and removal of the independent City
Auditor shall be made by the City Commission.
Duties of the independent City Auditor shall be
established by ordinance. (amendment to Article V
"Budget and Finance" of new proposed City Charter,
proposed by Commissioner Neisen Kasdin)
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RESOLUTION NO. 93-20832
Calling for a special election to be held
on Tuesday, November 2, 1993 for the
purpose of submitting to the electorate of
the C.M.B. an amendment to the Miami Beach
City Charter deleting therefrom provisions
governing the C.M.B. Health Advisory Board
and incorporating same into the Miami Beach
City Code.
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