Resolution 2020-31236 RESOLUTION NO. 2020-31236
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
'OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2020-31168,
WHICH CALLED FOR A SPECIAL MAIL BALLOT ELECTION TO BE HELD
FROM JUNE 1, 2020 TO AUGUST 31, 2020, TO DETERMINE WHETHER A
MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE THE
CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT, AND
POSTPONING THE SPECIAL ELECTION UNTIL THE THREATS
ASSOCIATED WITH THE COVID-19 PANDEMIC SUBSIDE.
WHEREAS, on January 15, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31144, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be known
as the South Beach Business Improvement District (the "District"), for a term of ten (10) years;
and
WHEREAS, the purpose of the District is to stabilize and improve that certain area of the
City of Miami Beach referred to as the Ocean Drive and Collins Avenue retail business district,
which district is generally located within a nationally recognized historic district, through
promotion, management, marketing, and other similar services; and
WHEREAS, on February 12, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31168, calling for a special mail ballot election (the "Election") to be held from June 1,
2020 to August 31, 2020,to determine whether a majority of the affected property owners approve
the creation of the District; and
WHEREAS, on March 12, 2020, the City Manager declared a State of Emergency for the
City of Miami Beach, finding that the 2019 coronavirus virus ("COVID-19")outbreak(later defined
as a pandemic) poses a health risk to the City's residents, particularly elderly residents and those
who are immunosuppressed or otherwise have high risk of medical conditions, which declaration
was amended on March 13, 2020 and extended on March 18, 2020, March 26, 2020, and April 2,
2020, through April 9, 2020 ("Declaration of a State of Emergency"); and
WHEREAS, pursuant to such Declaration of a State of Emergency, the City Manager has
imposed a number of temporary emergency measures to limit the inflow of leisure guests to the
City and require the closure of, and limit crowds in, public facilities, public property, and places of
public assemblage (including, without limitation, hotels, restaurants, bars, nightclubs, concert
halls, entertainment venues, movie theaters, and houses of worship), as well as other restrictions
on travel and gatherings of any number of people, including imposition of a general curfew
throughout the City and a "Safer at Home" order, in order to reduce community spread, relieve
pressure on hospitals and healthcare personnel, protect workers, and maintain social order; and
WHEREAS, accordingly, the proponents of the creation of the District have requested that
the City temporarily postpone the Election until the threats associated with the COVID-19
pandemic subside; and
WHEREAS, due to the broad range of threats associated with the rapidly spreading
COVID-19 pandemic, the Mayor and City Commission find that it is in the best interest of the
public health, safety, and welfare to temporarily postpone the Election.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby repeal Resolution No. 2020-31168, which called for a special mail ballot
election to be held from June 1, 2020 to August 31, 2020, to determine whether a majority of the
affected property owners approve the creation of a special assessment district to be known as
the South Beach Business Improvement District, and postpone the special election until the
threats associated with the COVID-19 pandemic subside.
PASSED and ADOPTED this 2� day of '9196/ , 2020.
ATTEST: ,112—zil---_____
1,iDan Gelber, Mayor
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Rafael E. Granado, ccity Clerk
IMCORPRATEDs
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
Resolutions-C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: April 22, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2020-31168,
WHICH CALLED FOR A SPECIAL MAIL BALLOT ELECTION TO BE HELD
FROM JUNE 1, 2020 TO AUGUST 31, 2020, TO DETERMINE WHETHER A
MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE THE
CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT, AND
POSTPONING THE SPECIAL ELECTION UNTIL THE THREATS
ASSOCIATED WITH THE COVID-19 PANDEMIC SUBSIDE.
RECOMMENDATION
Please see Memorandum attached.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Memorandum
❑ Resolution
Page 257 of 435
j' ` <
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA,CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM: RAUL J.AGUILA, CITY ATTORNEY
DATE: April 22,2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO.2020-31168,
WHICH CALLED FOR A SPECIAL MAIL BALLOT ELECTION TO BE HELD
FROM JUNE 1, 2020 TO AUGUST 31, 2020, TO DETERMINE WHETHER A
MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE THE
CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT, AND
POSTPONING THE SPECIAL ELECTION UNTIL THE THREATS
ASSOCIATED WITH THE COVID-19 PANDEMIC SUBSIDE.
On January 15, 2020, the Mayor and City Commission adopted Resolution No. 2020-
31144, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the South Beach Business Improvement District (the "District"), for a term of
ten (10) years.
On February 12, 2020, the Mayor and City Commission adopted Resolution No. 2020-
31168, calling for a special mail ballot election (the "Election") to be held from June 1,
2020 to August 31, 2020, to determine whether a majority of the affected property owners
approve the creation of the District.
On March 12, 2020,the City Manager declared a State of Emergency for the City of Miami
Beach, finding that the 2019 coronavirus virus ("COVID-19") outbreak(later defined as a
pandemic) poses a health risk to the City's residents, particularly elderly residents and
those who are immunosuppressed or otherwise have high risk of medical conditions.
Epidemiologists are predicting for the COVID-19 pandemic to continue impacting United
States for months.
Accordingly, the proponents of the creation of the District have requested that the City
temporarily postpone the Election until the threats associated with the COVID-19
pandemic subside.
Page 258 of 435
Commission Memorandum
October 16,2019 Page 2 of 2
Due to the broad range of threats associated with the rapidly spreading COVID-19
pandemic, it is in the best interest of the public health, safety, and welfare to temporarily
postpone the Election.Accordingly,the attached Resolution repeals Resolution No.2020-
31168 and temporarily postpones the Election.
RA/FA/ps
Page 259 of 435