94-21286 RESO
RESOLUTION NO.
94-21286
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 8, 1994, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION CONCERNING IF MIAMI
BEACH ACQUIRES STATE OF FLORIDA LOTS WITHIN
BLOCKS BOUNDED BY 7 6TH-79TH STREETS EAST OF
COLLINS AVENUE, AND BOUNDED BY COLLINS AVENUE
AND COLLINS COURT WEST OF NORTH SHORE OPEN
SPACE RECREATIONAL AREA (LEGAL DESCRIPTION IN
CITY CLERK'S OFFICE), MAY IT THEN SELL SAID
PROPERTIES NOW DESIGNATED "WATERFRONT/
RECREATION", PROCEEDS TO: REIMBURSE CITY FOR
PURCHASING THE LOTS EAST OF COLLINS AVENUE;
IMPROVE/MAINTAIN NORTH SHORE OPEN SPACE
RECREATIONAL AREA; CONSTRUCT RELATED CAPITAL
IMPROVEMENTS.
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 8, 1994 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
1
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
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 11, 1994,
between the hours of 9:00 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 Dade County. 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.
A survey of the legal description of the property at issue, as
well as a description of the capital improvements pertaining to
this Resolution's ballot question, shall be made available to the
electors at the Office of the 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, Dade County, Florida. Such publication shall be
made at least once each week for four consecutive weeks next
preceding said Special Election.
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 8TH DAY OF NOVEMBER,
1994, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
IMPROVE/MAINTAIN NORTH SHORE OCEANFRONT PARK AND AREA BY
SALE OF CITY WATERFRONT/RECREATION PROPERTIES
IF MIAMI BEACH ACQUIRES STATE OF FLORIDA LOTS WITHIN
BLOCKS BOUNDED BY 76TH-79TH STREETS EAST OF COLLINS
AVENUE, AND BOUNDED BY COLLINS AVENUE AND COLLINS COURT
WEST OF NORTH SHORE OPEN SPACE RECREATIONAL AREA (LEGAL
DESCRIPTION IN CITY CLERK'S OFFICE), MAY IT THEN SELL
SAID PROPERTIES NOW DESIGNATED "WATERFRONT/RECREATION",
PROCEEDS TQ: REIMBURSE CITY FOR PURCHASING THE LOTS EAST
OF COLLINS AVENUE; IMPROVE/MAINTAIN NORTH SHORE OPEN
SPACE RECREATIONAL AREA; CONSTRUCT RELATED CAPITAL
IMPROVEMENTS?
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be
held on November 8, 1994, hereby called, shall be in substantially
the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 8, 1994
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
1994, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
IMPROVE/MAINTAIN NORTH SHORE OCEANFRONT PARK AND AREA BY
SALE OF CITY WATERFRONT/RECREATION PROPERTIES
IF MIAMI BEACH ACQUIRES STATE OF FLORIDA LOTS WITHIN
BLOCKS BOUNDED BY 76TH-79TH STREETS EAST OF COLLINS
AVENUE, AND BOUNDED BY COLLINS AVENUE AND COLLINS COURT
WEST OF NORTH SHORE OPEN SPACE RECREATIONAL AREA (LEGAL
DESCRIPTION IN CITY CLERK'S OFFICE), MAY IT THEN SELL
SAID PROPERTIES NOW DESIGNATED "WATERFRONT/RECREATION",
PROCEEDS TO: REIMBURSE CITY FOR PURCHASING THE LOTS EAST
3
OF COLLINS AVENUE; IMPROVE/MAINTAIN NORTH SHORE OPEN
SPACE RECREATIONAL AREA; CONSTRUCT RELATED CAPITAL
IMPROVEMENTS?
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 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
8th /1iay of
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, 1994.
ATTEST:
~~Jc~
ITY CLERK
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LEGAL DEPT.
By
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certain waterfront/recreation lots within blocks bounded by 76th -
79th streets on the east side of Collins Avenue, and those State-
owned blocks bounded by Collins Avenue and Collins Court West of
North Shore Open Space Recreational Area, whose legal description
includes:
Lots 2, 4, 5, Block 5, Lots 2, 3, 5, 6, Block 6, Lots 1-
6, Block 7, Lots 1-5, Block 10, Lots 1, 2, Block 11, Lots
1, 2, Block 12, Altos Del Mar Subdivision No.1, Plat
Book 31, Page 40, Public Records of Dade County, Florida.
Blocks 17, 19, 20, Corrected Plat of Altos Del Mar No.1,
Plat Book 31, Page 40, Public Records of Dade County,
Florida; Blocks 14, 15, Altos Del Mar Subdivision No.2,
Plat Book 4, Page 162, Public Records of Dade County,
Florida.
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
~37-q<j
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 8, 1994
FROM:
Roger M, Carlt
City Manager
SUBJECT:
THREE RESOLUTIONS OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA: (1) REPEALING A SPECIAL
ELECTION TO BE HELD ON TUESDAY, OCTOBER 4, 1994, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A BALLOT QUESTION REGARDING ALTOS DEL MAR;
(2) CALLING FOR A BALLOT QUESTION CONCERNING ALTOS DEL
MAR ON NOVEMBER 8, 1994; AND (3) REPEALING THE QUESTION
REGARDING SALE OF 1185 NORTH SHORE DRIVE ON NOVEMBER 8,
1994.
ADMINISTRATION RECOMMENDATION
It is recommended that the City Commission approve repealing the
October 4, 1994 ballot issue on Altos del Mar and placing the
revised ballot language on the November 8, 1994 election ballot.
Additionally, it is recommended that the question for the November
8, 1994 ballot regarding sale of 1185 North Shore Drive be repealed
and that this latter item be placed on a future ballot.
BACKGROUND
As you may recall from the July 27, 1994 Commission memorandum No.
583-94, the City of Miami Beach has been working with the State of
Florida for some time in order to re-acquire the North Beach
Recreation Area. A lynch pin provision of that strategy was to
acquire 22 lots adjacent to the Altos del Mar Subdivision, resell
them, and utilize the profits from that resale to establish a trust
fund for the improvement and maintenance of the North Shore Open
Space Area and to build the capital improvements related to the
park, such as the rebuilding of Collins Avenue as a two-way
boulevard grand entrance to the City, redeveloping the vacant
residential lots on the west side of Collins Avenue into both
residential and parking uses and returning Harding Avenue to a
residential street.
In researching the feasibility of the above with both outside legal
counsel, Charles Papy, and the City Attorney, it was determined
that the disposition of the lands requires voter approval due to
their park, recreation, or waterfront nature.
Following the approval of the ballot question by the Commission on
July 27, 1994, the City Administration and Legal Department, along
with citizens of the North Beach area, reviewed the approved ballot
language. It was determined that a revised ballot question that
more directly states the issue would be preferable. Therefore, the
previously approved ballot question should be repealed and replaced
with the revised version. Due to deadline requirements, the
revised ballot question will be placed on the November 8, 1994 121
election ballot.
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Additionally, the North Beach Development Corporation is
recommending that the previously approved ballot issue on 1185
North Shore Drive be repealed. The ballot on November 8, 1994 is
a lengthy one and that the presence of this item may confuse the
voters and jeopardize the Altos del Mar item. This item can be
deferred until another time.
CONCLUSION
It is recommended that the City Commission authorize the Mayor to
sign the attached Resolutions which would put the revised ballot
question on the November 8, 1994 and repeal the ballot question
regarding Altos del Mar on October 4, 1994, and repeal the ballot
question regarding sale of 1185 North Shore Drive on November 8,
1994.
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Attachments
122