Resolution 2018-30439 RESOLUTION NO. 2018-30439
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
SPECIAL ELECTION ON NOVEMBER 6, 2018, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION
ASKING WHETHER, IF VOTERS APPROVE CITY'S
CONVENTION CENTER HOTEL LEASE WITH MB MIXED USE
INVESTMENT, LLC, CITY SHALL ADOPT AN ORDINANCE
DEDICATING THE HOTEL'S GUARANTEED RENT PAYMENTS
RECEIVED BY THE CITY, TO ENHANCE FUNDING, IN EQUAL
PORTIONS ANNUALLY, FOR: STORMWATER PROJECTS (IN
LIEU OF RATE INCREASES), TRAFFIC REDUCTION
MEASURES, AND EDUCATION, WITH ANY AMENDMENT OF
SUCH ORDINANCE SUBJECT TO SUPERMAJORITY (5/7THS)
CITY COMMISSION APPROVAL.
WHEREAS, following a duly noticed first reading/public hearing on July 17, 2018, and a
duly noticed second reading/public hearing on July 25, 2018, the Mayor and City Commission of
the City of Miami Beach, Florida adopted Resolution No. 2018-30425, approving a Development
and Ground Lease Agreement with MB Mixed Use Investment, LLC for the development of an
800 room convention hotel and related facilities (the "Hotel"), on an approximately 2.6-acre site
on the northeast corner of 17th Street and Convention Center Drive, bounded roughly by the Miami
Beach Convention Center to the North, 17th Street to the South, The Fillmore Miami Beach at the
Jackie Gleason Theater to the East and Convention Center Drive to the West; and
WHEREAS, pursuant to Section 1.03(b)(3) of the City Charter, the Lease is contingent
upon and requires approval by vote of at least sixty(60) sixty percent of the voters voting thereon
in a City-wide referendum; and
WHEREAS, the City Commission desires to schedule a vote of the electorate for Tuesday,
November 6, 2018, in order for the residents of Miami Beach to vote on whether the City should
adopt an ordinance dedicating the rent payments received by the City pursuant to the Lease as
set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, AS FOLLOWS:
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 6, 2018, 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
Special Election hereby called, with acceptance of the certification of the results of the 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 voting precincts in the City of this 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.
Not fewer than thirty days' 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 NOVEMBER 6, 2018, AT WHICH TIME THERE SHALL BE SUBMITTED TO
THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
' Pursuant to City Code Section 38-3(b), "[t)he City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 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
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
If voters approve City's Convention Center Hotel lease with MB Mixed Use Investment, LLC, shall
the City adopt an ordinance dedicating the Hotel's guaranteed rent payments received by the
City, to enhance funding, in equal portions annually, for:
• stormwater projects (in lieu of rate increases),
• traffic reduction measures, and
• education,
with any amendment of such ordinance subject to supermajority (5/7ths) City Commission
approval?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of electors to
participate in this Election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 6, 2018,
hereby called, shall be in substantially the following form, to wit:
OFFICIAL BALLOT
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
If voters approve City's Convention Center Hotel lease with MB Mixed Use Investment, LLC, shall
the City adopt an ordinance dedicating the Hotels guaranteed rent payments received by the
City, to enhance funding, in equal portions annually, for:
• stormwater projects (in lieu of rate increases),
• traffic reduction measures, and
• education,
with any amendment of such ordinance subject to supermajority (5/7ths) City Commission
approval?
YES
NO
3
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 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. The Miami-Dade County Supervisor of Elections will register voters for this
Special Election until 5:00 p.m. on October 9, 2018. All persons eligible to vote in this Special
Election must be registered before the time and date 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 NW 87 Avenue, Miami, Florida 33172;Telephone: (305)499-
VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot in this 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.
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.
If any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then the
holding shall in no way affect the validity of the remaining portions of the ballot measure.
SECTION 12.
4
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 025 day of , 2018.
ATTEST: CI
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Mayor
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Rafael E. Granado
City Clerk
(Sponsored by Commissioner Steinberg)
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Resolutions - R7 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: July 25, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON NOVEMBER
6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION ASKING WHETHER, IF
VOTERS APPROVE CITY'S CONVENTION HOTEL LEASE WITH MB MIXED USE
INVESTMENT, LLC, CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL
HOTEL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE FUNDING (NOT
REPLACE OR SUBSTITUTE FOR CURRENT CITY FUNDING), IN EQUAL
PORTIONS ANNUALLY, FOR: PRE-K THROUGH 12 EDUCATION, TRAFFIC
REDUCTION MEASURES, AND STORM WATER PROJECTS (IN LIEU OF RATE
INCREASES), WITH ANY AMENDMENT OF SUCH ORDINANCE SUBJECT TO
VOTER REFERENDUM APPROVAL.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ Commission Mena
❑ Resolution
Page 1196 of 1464
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wuva.miamibeachg_gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorneyy,,ayt
DATE: July 25, 2018 " D
SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON
NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION
ASKING WHETHER, IF VOTERS APPROVE CITY'S CONVENTION CENTER
HOTEL LEASE, CITY SHALL ADOPT AN ORDINANCE
DEDICATING ALL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE
FUNDING (NOT REPLACE OR SUBSTITUTE FOR CURRENT CITY FUNDING),
IN EQUAL PORTIONS ANNUALLY, FOR: PRE-K THROUGH 12 EDUCATION,
TRAFFIC REDUCTION MEASURES, AND STORMWATER PROJECTS (IN
LIEU OF RATE INCREASES), WITH ANY AMENDMENT OF SUCH
ORDINANCE SUBJECT TO VOTER REFERENDUM APPROVAL.
The attached Resolution has been prepared at the request of Commissioner Steinberg.
The attached Resolution calls for a special election to be held on November 6, 2018 for
the purpose of submitting to the City's voter's the following question:
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
If voters approve City's Convention Center Hotel lease with MB Mixed Use Investment,
LLC, shall City adopt an ordinance dedicating all Hotel rent payments received by City
to enhance funding (not replace or substitute for current City funding), in equal
portions annually, for:
• pre-k through 12 education,
• traffic reduction measures, and
• stormwater projects (in lieu of rate increases),
with any amendment of such ordinance subject to voter referendum approval?
Page 1197 of 1464
Commission Memo
July 25, 2018
Page 2
Two companion agenda items shall be considered at the July 25, 2018 City Commission
meeting, namely (1) a Resolution to approve the proposed Development and Ground
Lease Agreement ("Lease") for a Convention Hotel adjacent to the Miami Beach
Convention Center, and (2) a Resolution calling for a special election for the purpose of
submitting to the voters a question regarding approval of the Lease in accordance with
Section 1.03(b)(3) of the City Charter.
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 6,
2018 ballot is August 7, 2018. Accordingly, this matter is timely presented to the City
Commission and adoption of the attached Resolution may take place at today's meeting.
RJA/rap
2
Page 1198 of 1464