2008-26822 ResoRESOLUTION NO. 2008-26822
A RESOLUTION CALLING FOR AN AUGUST 26, 2008 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION
ASKING WHETHER THE CITY CHARTER SHOULD BE AMENDED
TO INCREASE THE CITY COMMISSION'S VOTE FROM 5/7 TO 7/7
(UNANIMOUS) FOR FUTURE LAND USE MAP
AMENDMENTS CHANGING ANY LAND DESIGNATED AS
"RECREATION OPEN SPACE" AS OF THIS MEASURE'S ADOPTION
DATE AND THEREAFTER, TO A LAND USE CATEGORY OTHER
THAN "PUBLIC FACILITY" OR "PUBLIC FACILITY:
EDUCATIONAL".
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, August 2b, 2008, 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 in which the official registration books show that the said electors reside.
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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, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box 521550, Doral,
Florida 33152-1550; 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 in accordance with the provisions of § 100.342, Florida Statutes, and Section 3 8-3 of the Code
of the City of Miami Beach.
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 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 26TH DAY OF AUGUST, 2008, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
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CHANGING "RECREATION OPEN SPACE" FUTURE LAND USE MAP
CATEGORY DESIGNATION -- CITY COMMISSION UNANIMOUS VOTE
The City's Comprehensive Plan Future Land Use Map may be amended by following
certain procedural City law requirements, including requiring amendments be approved
by 5/7 vote of City Commission; Shall the Charter be amended to increase
Commission's vote from 5/7 to 7/7 (unanimous) for Land Use Map
amendments changing land designated "Recreation Open Space" as of this measure's
adoption date and thereafter, to a land use category other than "Public Facility" or
"Public Facility: Educational"?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to beheld on August 26, 2008, hereby called,
shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
CHANGING "RECREATION OPEN SPACE" FUTURE LAND USE MAP
CATEGORY DESIGNATION -- CITY COMMISSION UNANIMOUS VOTE
The City's Comprehensive Plan Future Land Use Map may be amended by following
certain procedural City law requirements, including requiring amendments be approved
by 5/7 vote of City Commission; Shall the Charter be amended to increase
Commission's vote from 5/7 to 717 (unanimous) for Land Use Map
amendments changing land designated "Recreation Open Space" as of this measure's
adoption date and thereafter, to a land use category other than "Public Facility" or
"Public Facility: Educational"?
YES
NO
~~
SECTION 8.
That the 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 firms, 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 upon its passage.
PASSED and ADOPTED this 14th day of May, 2008.
ATT~ST:
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CITY CLERK
MA OR ATTI HERRERA BOWER
~'i'ROY~:~ AS TO
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Requested by Commissioner Richard L. Steinberg
P:\atto\ULU\ELGCTK)N\RESO\Steinbcrg Ballot Question 8-26-08.doc
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PROPOSED BALLOT QUESTION AND TEXT -
AUGUST 26, 2008 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
CHANGING "RECREATION OPEN SPACE" FUTURE LAND USE MAP CATEGORY
DESIGNATION -- CITY COMMISSION UNANIMOUS VOTE REQUIRED
The City's Comprehensive Plan Future Land Use Map may be amended by following certain
procedural City law requirements, including requiring amendments be approved by 5/7 vote of
City.Commission; Shall the Charter be amended to increase Commission's vote from 5/7 to 7/7
(unanimous) for Land Use Map amendments changing land designated "Recreation Open Space"
as of this measure's adoption date and thereafter, to a land use category other than "Public
Facility" or "Public Facility: Educational"?
YES
NO
II. PROPOSED CHARTER TEXT:
Charter section 8.09:
An application to amend the Future Land Use Map in the City's Comprehensive Plan on any land
designated as "Recreation Open Space" as of CHARTER AMENDMENT'S ADOPTION
DATE] and thereafter to a land use category other than "Public Facility" or "Public Facility:
Educational" shall be approved in accordance with those procedural requirements established in
City law includinn the requirement that such amendments be approved by a unanimous (7/7)
vote of all members of the City Commission.
F:\atto\OLIJIELECTION\Steinherg Ballot Question 8-2G-08.doc
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Attorney, Jose Smith, City Attorney, 305-673-7470
COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: CITY ATTORNEY JOSE SMITH ~.~,~
DATE: MAY 14, 2008
SUBJECT: A RESOLUTION CALLING FOR AN AUGUST 26, 2008 SPECIAL ELECTION,
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER THE CITY CHARTER SHOULD
BE AMENDED TO INCREASE THE CITY COMMISSION'S VOTE FROM 5/7 TO
7/7 (UNANIMOUS) FOR FUTURE LAND USE MAP AMENDMENTS CHANGING
ANY LAND DESIGNATED AS "RECREATION OPEN SPACE" AS OF THIS
MEASURE'S ADOPTION DATE AND THEREAFTER, TO A LAND USE
CATEGORY OTHER THAN "PUBLIC FACILITY."
Pursuant to the request of Commissioner Richard L. Steinberg, the attached resolution has
been drafted for the purpose of calling an August 26, 2008 special election with regard to the
above-referenced proposed Charter amendment.
JO/sc
F:1atto1OLIJIELECTIONIRESO\CMEMO\Steinberg Ballot Question 8-26-OS.doc
Agenda Item YI ~ ~-
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