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99-23264 RESO RESOLUTION NO. 99-23264 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN AMENDMENT TO CITY OF MIAMI BEACH BASE AND SUPPLEMENTAL PENSION FUNDS FOR FIREMEN AND POLICEMEN. 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, 1999, 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 obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, each and every day until October 4, 1999 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 registration forms must be received by the Miami-Dade County Elections Office and clocked in no later than October 4, 1999, at 5:00 p.m. in order for a person to vote in this Special Election. 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 ballot question and text amendments shall be made available to the electors at the office of the City Clerk from 8:30 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 2 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, 1999, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT TO CITY OF MIAMI BEACH BASE AND SUPPLEMENTAL PENSION FUNDS FOR FIREMEN AND POLICEMEN SHALL THE MIAMI BEACH BASE PENSION FUND FOR FIREMEN AND POLICEMEN (CITY SPECIAL RELATED ACTS, ARTICLE IX) BE AMENDED TO DELETE OBSOLETE LANGUAGE, ADD A DEFERRED RETIREMENT OPTION PLAN, SUBSTITUTE THE "PRUDENT PERSON RULE" FOR EXISTING INVESTMENT RESTRICTIONS, AND INCLUDE PENSION BENEFITS CURRENTLY PROVIDED IN THE CITY OF MIAMI BEACH "POLICE OFFICERS' AND FIREFIGHTERS' SUPPLEMENTAL PENSION PLAN" (CITY CODE CHAPTER 78, ARTICLE IV), ALLOWING FOR REPEAL OF SAID SUPPLEMENTAL PLAN FROM THE CITY CODE? YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 2, 1999, hereby called, shall be in substantially the following form, to-wit: 3 OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, NOVEMBER 2,1999. 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, 1999, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT TO CITY OF MIAMI BEACH BASE AND SUPPLEMENTAL PENSION FUNDS FOR FIREMEN AND POLICEMEN SHALL THE MIAMI BEACH BASE PENSION FUND FOR FIREMEN AND POLICEMEN (CITY SPECIAL RELATED ACTS, ARTICLE IX) BE AMENDED TO DELETE OBSOLETE LANGUAGE, ADD A DEFERRED RETIREMENT OPTION PLAN, SUBSTITUTE THE "PRUDENT PERSON RULE" FOR EXISTING INVESTMENT RESTRICTIONS, AND INCLUDE PENSION BENEFITS CURRENTLY PROVIDED IN THE CITY OF MIAMI BEACH "POLICE OFFICERS' AND FIREFIGHTERS' SUPPLEMENTAL PENSION PLAN" (CITY CODE CHAPTER 78, ARTICLE IV), ALLOWING FOR REPEAL OF SAID SUPPLEMENTAL PLAN FROM THE 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 4 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 21st day of July , 1999. I~~~ Ml\YOR ATTEST: UbI P OA- ~~ CITY CLERK APPROYEDASTO FORM&~ ,"&F()R~~ F:\A TTO\$ALL \JEAN\CHAR TER.MB\PENSFUND.B&S ~ ~ 5 OFFICE OF THE CITY ATTORNEY ~ tjJiomi 1JeoM F L o R o A MURRAY H. nUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. 5-, to -<t1 DATE: JULY21,1999 TO: MAYOR NEISEN KASDIN, MEMBERS OF THE CITY~OMM SSI,ON MURRAY H. DUBBI~ I j CITY ATTORNEY /\ft PROPOSED NOVEMBER 2, 1999 SPECIAL ELECTION REFERENDUM CONCERNING AMENDMENT TO CITY OF MIAMI BEACH BASE AND SUPPLEMENTAL PENSION FUNDS FOR FIREMEN AND POLICEMEN ~FROM: SUBJECT: At its July 7, 1999 meeting, the Miami Beach City Commission passed a resolution granting conceptual approval to the placement of a ballot question on the November 2, 1999 City of Miami Beach Special Election ballot concerning amendment to the City of Miami Beach Base and Supplemental Pension Funds for Firemen and Policemen. The attached resolution implements the Commission directive, calling for the subject November 2, 1999 election on the following question: Shall the Miami Beach Base Pension Fund for Firemen and Policemen (City Special Related Acts, Article IX) be amended to delete obsolete language, add a Deferred Retirement Option Plan, substitute the "Prudent Person Rule" for existing investment restrictions, and include pension benefits currently provided in the City of Miami Beach "Police Officers' and Firefighters' Supplemental Pension Plan" (City Code Chapter 78, Article IV), allowing for repeal of said Supplemental Plan from the City Code? The City's Special Pension counsel, James Linn, will be present at the City Commission meeting in order to confirm that the subject ballot language adequately reflects the proposed amendments to the base and supplemental funds at issue. The attached resolution is thus ready for City Commission review and consideration. JKOlkw F:IA TIOISALL\JEANlRES-ORD.CM\PENSFUND.B&S Agenda Item R1E .(-2l-~ Date 1700 Convention Center Drive - Fou~i7moor -- Miami Beac