Resolution 2022-32254 RESOLUTION NO. 2022-32254
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8,
2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION
1.03(b) SHOULD BE AMENDED TO REQUIRE MAJORITY VOTER
APPROVAL FOR ANY SALE OR LEASE OF TEN YEARS OR MORE OF
CITY-OWNED PROPERTY LOCATED BETWEEN WEST.43RD STREET
AND WEST 40TH STREET, FROM PINE TREE DRIVE ON THE EAST TO
ALTON ROAD ON THE WEST?
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, November 8, 2022, 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 acceptance of the certification of the results
of said Special Election to be performed 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.
SECTION 3.
That the 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 as determined by the
Miami-Dade County Election Officials.
SECTION 4.
Notice of the adoption of this Resolution and of its provisions calling this Special
Election shall be given by publication in the Miami Herald, a newspaper of general
circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made
in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SECTION 5.
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 8th DAY OF
NOVEMBER, 2022, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE
FOLLOWING QUESTION:
Amend Charter Section 1.03(b):
Require Voter Approval of Sale/Lease of Certain City-Owned Property
Charter Sections 1.03(b)1 and (b)2 require majority voter approval for the sale or
lease of ten years or more of waterfront, park, and certain other City-owned
properties.
Shall Charter be amended to also require such majority voter approval for any sale
or lease of ten years or more of City-owned property located between West 43rd
Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
2
Street and West 40th Street, from Pine Tree Drive on the east to Alton Road on the
west?
Yes
No
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8, 2022 hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
Amend Charter Section 1.03(b):
Require Voter Approval of Sale/Lease of Certain City-Owned Property
Charter Sections 1.03(b)1 and (b)2 require majority voter approval for the sale or
lease of ten years or more of waterfront, park, and certain other City-owned
properties.
Shall Charter be amended to also require such majority voter approval for any sale
or lease of ten years or more of City-owned property located between West 43rd
Street and West 40th Street, from Pine Tree Drive on the east to Alton Road on the
west?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or
other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special and Run-Off Elections 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
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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. The Miami-
Dade County Supervisor of Elections will register voters for this November 8, 2022
Special Election until 5:00 p.m. on Tuesday, October 11, 2022. All persons eligible to
vote at the Elections must be registered before the times and dates set forth herein or
have registered previously, as provided by law. 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 Department. All questions concerning
voter registration should be directed to the Miami-Dade County Elections Department,
2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone:(305) 499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot 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 such voting. All questions concerning Vote-by-Mail ballots should
be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue,
Miami, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 10.
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 firms, upon receipt
of invoice or statement approved by the Supervisor of Elections of Miami-Dade County,
Florida.
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SECTION 11.
That if the Charter Amendment provided for in Sections 5 and 6 above shall be
approved by a majority of the qualified electors of the City voting on the subject Charter
Amendment, it shall be considered adopted and effective upon the City Commission's
acceptance of certification of final election results.
SECTION 12.
Upon the Charter Amendment's approval by a majority of the qualified electors of
the City voting on such measure in the election and the City Commission's acceptance of
certification of final election returns, the City Clerk is hereby directed to have the subject
Charter amendment incorporated into the City Charter, file such Amendment with the
Clerk of the Circuit Court and file the revised Charter with the Department of State.
SECTION 13.
If any section, sentence, clause or phrase of this Resolution or of the ballot
measure or the Charter Amendment set forth herein 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 Resolution, ballot measure or Charter
Amendment.
SECTION 14.
This Resolution shall be effective immediately upon
its passage.
PASSED and ADOPTED this 02 0 day of Jiffy , 2022.
PM
ATTEST:
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.INCORP'IORATED!
1 -- � 'DAN GELBER, MAYOR
. 26
.. • APPROVED AS TO
RAFAEL E. GRANADO, CITY CLERK FORM&LANGUAGE
(Sponsored by Commissioner Alex J. Fernandez) FOR EXECUTION
City Attorney D k-L Date iv
NOVEMBER 8, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION:
CITY CHARTER SECTION 1.03(b)--
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT
I. BALLOT QUESTION:
Amend Charter Section 1.03(b):
Require Voter Approval of Sale/Lease of Certain City-Owned Property
Charter Sections 1.03(b)1 and (b)2 require majority voter approval for the sale or lease of ten
years or more of waterfront, park, and certain other City-owned properties.
Shall Charter be amended to also require such majority voter approval for any sale or lease of
ten years or more of City-owned property located between West 43rd Street and West 40th Street,
from Pine Tree Drive on the east to Alton Road on the west?
Yes
No
II. PROPOSED AMENDED CITY CHARTER TEXT:
Sec. 1.03. Powers of City.
(b) Disposition of City Property.
1. The sale, exchange, conveyance, or lease of ten (10) years or longer (including option periods) of
City-owned park, recreation, or waterfront property shall require approval 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.
2. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall
also require approval by a majority vote of the voters in a City-wide referendum: (1) Lots West of the
North Shore Open Space 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 Campus:All
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 Parking 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; arid (4) Lincoln Road Parking 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; and (5)
41st Street Corridor. All City-owned property in the vicinity of 41st Street, in the area bounded by West
43rd Street on the North, West 40th Street on the South, Pine Tree Drive on the East, and Alton Road
on the West.
Resolutions -R7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: July 20, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 8, 2022 CITY
OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(B)
SHOULD BE AMENDED TO REQUIRE MAJORITY VOTER APPROVAL
FOR ANY SALE OR LEASE OF TEN YEARS OR MORE OF CITY-OWNED
PROPERTY LOCATED BETWEEN WEST 43RD STREET AND WEST 40TH
STREET, FROM PINE TREE DRIVE ON THE EAST TO ALTON ROAD ON
THE WEST?
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description.
Page 1084 of 1502
❑ Commission Memorandum
❑ Resolution
Page 1085 of 1502
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
City Manager Alina T. Hudak
FROM: Rafael A. Paz, City Attorney CL?"------
DATE: July 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8,
2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION
1.03(b) SHOULD BE AMENDED TO REQUIRE MAJORITY VOTER
APPROVAL FOR ANY SALE OR LEASE OF TEN YEARS OR MORE OF
CITY-OWNED PROPERTY LOCATED BETWEEN WEST 43RD STREET
AND WEST 40TH STREET, FROM PINE TREE DRIVE ON THE EAST TO
ALTON ROAD ON THE WEST?
Pursuant to the request of City Commissioner Alex Fernandez, the attached Resolution
has been prepared calling for a City of Miami Beach Special Election to be held on
November 8, 2022 for the purpose of submitting to the City's voters the following question:
Amend Charter Section 1.03(b):
Require Voter Approval of Sale/Lease of Certain City-Owned Property
Charter Sections 1.03(b)1 and (b)2 require majority voter approval for the sale or
lease of ten years or more of waterfront, park, and certain other City-owned
properties.
Shall Charter be amended to also require such majority voter approval for any sale
or lease of ten years or more of City-owned property located between West 43nd
Street and West 40th Street, from Pine Tree Drive on the east to Alton Road on the
west?
The Miami-Dade County Elections Department has informed the City Clerk that the City's
Resolution calling a November 8, 2022 Special Election must be provided to the County
Elections Department by July 29, 2022. Accordingly, it should be noted that the proposed
Page 1086 of 1502
Commission Memorandum-Amend Charter Section 1.03(b)
July 20, 2022
Page 2
measure may be considered by the City Commission either at the July 20, 2022 City
Commission meeting or, at the latest, the Special Meeting scheduled for July 25, 2022.
II. PROPOSED AMENDED CITY CHARTER TEXT:
Sec. 1.03. Powers of City.
(b) Disposition of City Property.
1. The sale, exchange, conveyance, or lease of ten (10) years or longer (including
option periods) of City-owned park, recreation, or waterfront property shall require
approval 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.
2. The sale, exchange, conveyance or lease of ten years or longer of the following
properties shall also require approval by a majority vote of the voters in a City-wide
referendum: (1) Lots West of the North Shore Open Space 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 Campus:All 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 Parking 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; and(4) Lincoln Road
Parking 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,: and (5) 41st Street Corridor. All
City-owned property in the vicinity of 415t Street, in the area bounded by West 43nd Street
on the North, West 40th Street on the South, Pine Tree Drive on the East, and Alton Road
on the West.
FISCAL IMPACT STATEMENT
The Miami-Dade County Elections Department has provided the City Clerk with an
estimate of approximately $28,559.85 (Cost Estimate for One Page Ballot) and
$56,217.70 (Cost Estimate in the Scenario Multiple Questions Triggers an Additional
Page) to conduct the November 8, 2022 Special Election, which includes the costs
associated with 14 days of Early Voting. (See Department of Election Estimates.)
Additionally, the City will incur approximately $42,000 in legally mandated
Page 1087 of 1502
Commission Memorandum-Amend Charter Section 1.03(b)
July 20, 2022
Page 3
advertisements, required by the Florida Statutes and the City Code, to notice this Special
Election.
Amount(s)/Account(s):
$28,559.85 - Estimate 1-page ballot (Scenario 1)
$56,217.70 - Estimate 2-page ballot (Scenario 2)
$42,000.00 - Estimate of Legally Mandated Advertisements for Special Election
(Charter Amendments/Ballot Questions)
Maximum Estimated Amount: $98,217.70
Account: 011-9322-000312-90-400-592-00-00-00
RAP/ag
Page 1088 of 1502