2004-25464 ResoRESOLUTION NO. 2004-25464
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, MARCH-9, 2004, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER
SECTION 1.03(b) REQUIRING VOTER APPROVAL BEFORE
LEASE/DISPOSAL OF CITY-OWNED PARK, RECREATION,
WATERFRONT PROPERTY SHOULD APPLY TO ADDITIONAL CITY
PROPERTIES (WEST OF NORTH SHORE OPEN SPACE; CULTURAL
CAMPUS; AND PARKING LOTS NEAR 72ND STREET, CONVENTION
CENTER, LINCOLN ROAD); REQUIRE PLANNING BOARD'S 4/7 AND
CITY COMMISSION'S 5/7 VOTES BEFORE LEASE/DISPOSAL OF OTHER
CITY-OWNED PROPERTIES; INCREASE EXEMPT LEASE PERIOD
FROM FIVE TO TEN YEARS; EXEMPT INTERESTS/SETTLEMENT OF
CLAIMS EXISTING AS OF JANUARY 14TM, 2004.
NOW, THEREFORE, BE IT DULY 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, March 9, 2004, for the purpose of
submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with Miami-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 Miami-Dade County Officials.
SECTION 3.
Said voting precincts in the City of said Special Election shall be as established by the proper
and appropriate Miami-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
Miami-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 obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First
Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration
centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade
County. Each person desiring to become a registered voter shall be responsible for properly filling out
the registration form and returning it to the Miami-Dade County Elections Office. All questions
concerning voter registration should be directed to the Miami-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.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall
be made at least once each week for four consecutive weeks next preceding said Special Election.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY G1VEN 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 9TH DAY OF MARCH, 2004, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING CHARTER SECTION 1.03(b) RE: LEASE/DISPOSAL OF
CITY-OWNED PROPERTY BY EXPANDING ITS APPLICABILITY
SHALL CHARTER SECTION 1.03(b) REQUIRING VOTER APPROVAL
BEFORE LEASE/DISPOSAL OF CITY-OWNED PARK, RECREATION,
WATERFRONT PROPERTY APPLY TO ADDITIONAL CITY
PROPERTIES (WEST OF NORTH SHORE OPEN SPACE; CULTURAL
CAMPUS; AND PARKING LOTS NEAR 72~D STREET, CONVENTION
CENTER, LINCOLN ROAD); REQUIRE PLANNING BOARD'S 4/7 AND
CITY COMMISSION'S 5/7 VOTES BEFORE LEASE/DISPOSAL OF OTHER
CITY-OWNED PROPERTIES; INCREASE EXEMPT LEASE PERIOD
FROM FIVE TO TEN YEARS; EXEMPT INTERESTS/SETTLEMENT OF
CLAIMS EXISTING AS OF JANUARY 14TM, 2004?
YES
NO
SECTION 7.
The official ballot to be used in the Special Election to be held on March 9, 2004, hereby called, shall be
in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, MARCH 9, 2004.
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 9TH DAY OF MARCH, 2004, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING CHARTER SECTION 1.03{b) RE: LEASE/DISPOSAL OF
CITY-OWNED PROPERTY BY EXPANDING ITS APPLICABILITY
SHALL CHARTER SECTION 1.03(b) REQUIRING VOTER APPROVAL
BEFORE LEASE/DISPOSAL OF CITY-OWNED PARK, RECREATION,
WATERFRONT PROPERTY APPLY TO ADDITIONAL CITY
PROPERTIES (WEST OF NORTH SHORE OPEN SPACE; CULTURAL
CAMPUS; AND PARKING LOTS NEAR 72r~n STREET, CONVENTION
CENTER, LINCOLN ROAD); REQUIRE PLANNING BOARD'S 4/7 AND
CITY COMMISSION'S 5/7 VOTES BEFORE LEASE/DISPOSAL OF OTHER
CITY-OWNED PROPERTIES; INCREASE EXEMPT LEASE PERIOD
FROM FIVE TO TEN YEARS; EXEMPT INTERESTS/SETTLEMENT OF
CLAIMS EXISTING AS OF JANUARY 14TM, 2004?
YES
NO
SECTION 8.
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 9.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or fim~s, upon receipt of invoice or statement
approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of said ballot measure.
SECTION 11.
This resolution shall be effective immediately upojff~ts passage.
//
PASSED and ADOPTED this 14th day o~/~aI il/ ,2004.
ATTEST: [AYOR
F:~atto\OLIJ~ELECTION~ESO'C, isposal of City-Owned Property Section 1.03(b),doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ae
Proposed Ballot Question
AMENDING CHARTER SECTION 1.03(b) RE: LEASE/DISPOSAL OF CITY-
OWNED PROPERTY BY EXPANDING ITS APPLICABILITY
SHALL CHARTER SECTION 1.03(b)REQUIRING VOTER APPROVAL
BEFORE LEASE/DISPOSAL OF CITY-OWNED PARK, RECREATION,
WATERFRONT PROPERTY APPLY TO ADDITIONAL CITY PROPERTIES
(WEST OF NORTH SHORE OPEN SPACE; CULTURAL CAMPUS; AND
PARKING LOTS NEAR 72ND STREET, CONVENTION CENTER, LINCOLN
ROAD); REQUIRE PLANNING BOARD'S 4/7 AND CITY COMMISSION'S 5/7
VOTES BEFORE LEASE/DISPOSAL OF OTHER CITY-OWNED PROPERTIES;
INCREASE EXEMPT LEASE PERIOD FROM FIVE TO TEN YEARS; EXEMPT
INTERESTS/SETTLEMENT OF CLAIMS EXISTING AS OF JANUARY 14TM,
2004?
YES
NO
B. Proposed Text
Sec. 1.03. Powers of city.
(b) Alienability of property.
1_. The only limitation concerning alienability of City-owned park, recreation or waterfront property
is the restriction of the sale, exchange, conveyance or lease of five (5) ten (10) years or longer (including
option periods) of park, recreation, or waterfront property in the City of Miami Beach ~
....,~'~ .v.r^- :uc~ public p',x~po se, unless such sale, exchange, conveyance or lease is approved by a majority
vote of the voters in a City-wide referendum. This provision shall be liberally construed in favor of the
preservation of all park, recreation, and waterfront lands. ~'~; ...... ;~; ^- "~'"~1 -^. ~ ..... ~.~.~. ....1..
'c d
2_. The sale, exchange, conveyance or lease often years or longer of the followzng propertzes shall
also require approval by a majority vote of the voters in a City-wide referendum: (1) Lots West of the
North Shore Open Snace Park: All City-owned property bounded by 87th Street on the North, Collins
Avenue on the East, 79th Street on the South, and Collins Court On the West; (2) Cultural Camnus: All
See, Maps attached hereto as Composite Exhibit "A".
City-owned property bounded by 22nd Street on the North, Park Avenue on the West, 21st Street on the
South, and Miami Beach Drive on the East; (3) 72nd Street Parkin~ Lot: The City-owned surface
parking lot bounded by 73rd Street on the North, Collins Avenue on the East, 72nd Street on the South,
and Harding Avenue on the West; (4) Convention Center Parking Lots: All City-owned surface parking
lots located in the Civic and Convention Center District, generally bounded by Lincoln Lane on the
South, Washington Avenue on the East, Meridian Avenue on the West and Dade Boulevard on the
North; and (5) Lincoln Road Parkin~ Lots: All City-owned surface parking lots in the vicinity of
Lincoln Road located within the area bounded by 17th Street on the North, Euclid Avenue on the East,
16th Street on the South, and West Avenue on the West.
3_. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-owned
property shall, as provided by Ordinance, require approval by a majority (4/7) vote of all members of the
Planning Board and five-sevenths vote of all members of the City Commission.
4__:. The terms of this Charter section shall not apply to any valid written contractual commitments or
bids or bonded indebtedness, which commitments, bids or indebtedness existed prior to January 14,
2004; nor shall this Charter section apply to any City property which is the subject of a settlement of a
claim which the City had notice of as of January 14, 2004.
Ill
(1) Lots West of the North Shore Open Space Park
COMPOSITE EXHIBIT "A"
./
/
~,/ ,~ 215
L / '/
(2) Cultural Campus
...... 73RD ST ~-
/
72ND ST
[- ',
71ST ST
(3) 72nd Street Parking Lot
~H ST
17TH ST _
LINCOLN MALL RD
LINCOLN RD
18TH ST
(4) Convention Center Parking Lots
19TH ST
18T
LINCOLN RD
LINCOLN MALL RD
ST
17TH ST
(5) Lincoln Road Parking Lots
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and
Members of the City Commission
Chairman Steve Zack
Vice-Chair Jonathan Beloff
Member of the Board Ricky Arriola
Member of the Board Victor Diaz
Member of the Board Honorable Seymour Gelber
Member of the Board Larry Herrup
Member of the Board Abraham Laeser
Date:
January 14, 2004
Subject:
AMENDING CHARTER SECTION 1.03(b) REGARDING LEASE/DISPOSAL
OF CITY-OWNED PROPERTY: RESOLUTION CALLING FOR MARCH 9,
2004 SPECIAL ELECTION
The Charter Review Board met on Monday December 8, 2003 and, pursuant to Commission
directive, met with the City Land Use Committee on December 20, 2003, to discuss proposed
amendments to City Charter Section 1.03(b) regarding Lease/Disposal of City-owned
property. The attached resolution reflects the consensus of the Land Use Committee and
Charter Review Board regarding the proposed amendments to Charter Section 1.03(b).
Agenda Item Date