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2004-25661 Reso RESOLUTION NO. 2004-25661 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, 2004 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN ADVISORY, NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE 63RD STREET FL YOYER SHOULD BE PRESERVED (NOT DEMOLISHED). WHEREAS, the purpose and intent of this Resolution is to obtain an expression of elector sentiment with respect to a matter of substantial concern to the electors of the City of Miami Beach; and WHEREAS, the governing body ofthe City of Miami Beach finds that the issue of whether to preserve or to demolish the 63 RD Street Flyover deserves an advisory, non-binding referendum to assess public support for this proposition. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws ofthe 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 2,2004, for the purpose of submitting to the electorate the advisory, non-binding straw ballot 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 ofthe results of said Special Election being accepted by the City Commission. The official returns for each precinct shall be furnished to the City Clerk ofthe 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 ofthe State of Florid a governing voterregistration. 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 4,2004, between the hours of9:00 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 Miami-Dade County. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8ih Avenue, Miami, Florida 33172, Telephone 305 499-8500. SECTION 5. Copies of the advisory, non-binding straw ballot question shall be made available to the electors at the office ofthe 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, 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. 2 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, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION: ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET FLYOVER. SHOULD THE FLYOVER AT THE INTERSECTION OF 63RD STREET AND INDIAN CREEK BE PRESERVED (NOT DEMOLISHED)? YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 2,2004, 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, 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 TO 7:00 P.M. ON THE 2ND DAY OF NOVEMBER, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH 3 THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION: ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET FLYOVER. SHOULD THE FLYOVER AT THE INTERSECTION OF 63RD STREET AND INDIAN CREEK BE PRESERVED (NOT DEMOLISHED)? 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 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. SECTION 11. PASSED and ADOPTED this30thday of ,2004. This resolution shall be effective immediately: ATTEST: c~! fa-t~ APPROVED AS TO FORM & LANGUAGE & FO EXECUTION 4 ?>-~[ 7--oy Date (Requested by Vice Mayor Richard L. Steinberg) F:\atto\OLIJlRES-ORD\Straw Ballot Question - 63rd ST Flyover for 11-2-04 Reso.doc City of Miami Beach - Straw Ballot Questions for November 2, 2004 Election Question 1 ADVISORY, NON-BINDING STRAW BALLOT QUESTION - BAY LINK STREETCAR RAIL SYSTEM. SHOULD MIAMI BEACH APPROVE THE CONSTRUCTION OF AN ELECTRICALLY OPERATED STREETCAR TRANSPORTATION SYSTEM COMMONLY KNOWN AS "BAY LINK", RUNNING ON TRACKS AND CONNECTING A LOOP AROUND DOWNTOWN MIAMI TO A LOOP AROUND SOUTH BEACH VIA A DEDICATED LANE ADDED TO THE MACARTHUR CAUSEWAY, PROVIDED THAT NO CONCURRENCY OR DEVELOPMENT CREDITS ARE GRANTED BY MIAMI BEACH FOR THE TRANSPORTATION SYSTEM AND PROVIDED FURTHER THAT ALL CONSTRUCTION COSTS ARE PAID ENTIRELY FROM FEDERAL, STATE, AND COUNTY FUNDS? Question 2 ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET FL YOVER. SHOULD THE FL YOVER AT THE INTERSECTION OF 63RD STREET AND INDIAN CREEK BE PRESERVED (NOT DEMOLISHED)? Question 3 ADVISORY, NON-BINDING STRAW BALLOT QUESTION - ANNUAL LIMIT ON LARGE PROJECTS. SHOULD THE MIAMI BEACH COMPREHENSIVE PLAN BE AMENDED TO ESTABLISH ANNUAL LIMITS WHERE APPROPRIATE ON THE CONSTRUCTION OF NEW BUILDINGS THAT ARE LARGER THAN 50,000 SQUARE FEET? C:\Documents and Settings\clerparr\Local Settings\Temporary Internet Files\OLK4\Straw ballot questions 11-02-04.doc OFFICE OF THE CITY ATTORNEY '6~ ef~ 1JfIN'A F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: AUGUST 30.,2004 TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER JORGE M. GONZALEZ FROM: MURRAYH.DUBBI~ CITY ATTORNEY SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION -- STRAW BALLOT QUESTION: 63RD STREET FLYOVER Pursuant to the request of Mayor David Denner, the attached Resolution has been drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question concerning the 63rd Street Flyover. Inasmuch as September 3, 2004 is the County's deadline date for passage of Resolutions for placement on the November 2,2004 ballot, placement of the subject straw ballot question on the November 2,2004 ballot would require passage of the attached Resolution today. F:lattoIOLlJlRES-ORDIMEMOSIStraw Ballot Question - 63rd ST Flyover for 11-2-04 (Second Version).doc 1700 Convention Center Drive -- Fourth Floor -- Miami Beacl Agenda Item Date k9C/ '8;-30-0 if CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 DAVID DERMER MAYOR Memo a ager, City Clerk and City Attorney Re: Straw Ballot Questions for the August 301\ 2004 Special Commission Meeting , '": \ \.P ,,:. , If> ',l.. \ C" ::- The f~llowing two questions are being proposed for the above said meeting: W :;. "::~ \ ';7' ;a :~j) \SHOULD THE FL YOVER AT THE INTERSECTION OF 63RD STREET Uj s :.i \\ND INDIAN CREEK BE DEMOLISHED? o (;..~ -d \ uJ s:a 2j. SHOULD THE LIGHT RAIL CONSTRUCTION PROJECT KNOWN AS 0' ~ ~ ';BAY LINK" THAT WOULD CONNECT DOWNTOWN MIAMI TO THE c--> 0 lflIAMI BEACH CONVENTION CENTER BE CONSTRUCTED WITHIN THE CITY OF MIAMI BEACH? Please advise the City Attorney's Office of any substitute questions by August 201\ 2004. OFFICE OF THE CITY ATTORNEY '6~ efVKiomi 1JmM F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: AUGUST 301\ 2004 TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER JORGE M. GONZALEZ FROM: MURRAY H. DUBBIN~ CITY ATTORNEY SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION -- STRAW BALLOT QUESTION: 63RD STREET FL YOVER Pursuant to the request of Vice Mayor Richard L. Steinberg, the attached Resolution has been drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question concerning the 63rd Street Flyover. Inasmuch as September 3,2004 is the County's deadline date for passage of Resolutions for placement on the November 2, 2004 ballot, placement of the subject straw ballot question on the November 2,2004 ballot would require passage of the attached Resolution today. F:lattoIOLIJIRES-ORDIMEMOSIStraw Ballot Question - 63rd ST Flyover for 11-2-04.doc Agenda Item 1700 Convention Center Drive - Fourth Floor -- Miami Bea Date ~qLd- 8'- 30 -or;- OFFICE OF THE CITY ATTORNEY ~~ tf JIdomi 1Jt!llM F L o R D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: AUGUST 30, 2004 TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER JORGE M. GONZALEZ FROM: MURRAY H. DUBBIN W~ CITY ATTORNEY SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION -- STRAW BALLOT QUESTION: 63RD STREET FL YOVER (SHOULD FDOT KEEP SINGLE LANE FL YOVER RATHER THAN REPLACING IT WITH THREE LANES AT STREET LEVEL?) Pursuant to the request of Commissioner Saul Gross, the attached Resolution has been drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question concerning the 63rd Street Flyover. Inasmuch as September 3, 2004 is the County's deadline date for passage of Resolutions for placement on the November 2,2004 ballot, placement of the subject straw ballot question on the November 2,2004 ballot would require passage of the attached Resolution today. JKO/ed F:\attoIOLUlRES-0RDIMEMOSIStraw Ballot Question - 63rd ST Flyover for 1 I -2-04 (Gross Version).doc Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Beacll Date R9C3 8-g0-oV OFFICE OF THE CITY ATTORNEY ~~ ef V1Iiomi 11t'tlM F L o R D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: AUGUST 30, 2004 TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER JORGE M. GONZALEZ FROM: MURRAYH.DUBBIN ~ CITY ATTORNEY SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION -- STRAW BALLOT QUESTION: 63RD STREET FL YOVER (SHOULD FDOT PROJECT INCLUDE REPLACEMENT OF SINGLE LANE FL YOVER WITH THREE LANES AT STREET LEVEL?) Pursuant to the request of Commissioner Matti Herrera Bower, the attached Resolution has been drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question concerning the 63rd Street Flyover. Inasmuch as September 3, 2004 is the County's deadline date for passage of Resolutions for placement on the November 2,2004 ballot, placement of the subject straw ballot question on the November 2, 2004 ballot would require passage ofthe attached Resolution today. JKO/ed F:\attoIOLUlRES-ORDIMEMOSlStraw Ballot Question - 63rd ST Flyover for 11-2-04 (Bower Version).doc Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Bea( Date R r elf 8--.?o-ov