2001-24539 RESO
RESOLUTION NO. 2001-24539
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 6, 2001, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER
SECTION 1.03(c) SHOULD BE CLARIFIED BY DELETING THE WORD
"PLATTED," TO CONFIRM THAT THE ZONED FLOOR AREA RATIO OF
ALL SPECIFIED WATERFRONT PROPERTY, EVEN IF UNPLATTED,
MAY NOT BE INCREASED WITHOUT VOTER APPROV ALj AND
AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE
APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE
INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM
FLOOR AREA RATIO EXISTING ON JUNE 4,1997 TO FLOOR AREA
RATIO EXISTING ON NOVEMBER 7, 2001.
WHEREAS, on June 3,1997, a majority of the City's electorate approved an amendment to
the Charter of the City of Miami Beach, which amendment required (in relevant part) public
approval prior to any increase in the Floor Area Ratio of any waterfront "platted" property -- this
provision has since been codified as City Charter Section I.03( c); and
WHEREAS, the Miami Beach City Commission placed this Charter amendment on the June
3,1997, Special Election ballot as a result of citizen's initiative on this matter; and
WHEREAS, in presenting this issue to its voters in June 1997, the Miami Beach City
Commission presented initiative language which was intended to and did require voter approval prior
to any increase in Floor Area Ratio of any waterfront property in the City (whether "platted" or not);
and
WHEREAS, the Charter Section's language referring to "platted" waterfront property was
not intended to and did not except non-platted property from the Charter's mandate; and
WHEREAS, at the time of the June 3, 1997 Election, the City Commission was unaware that
there was unplatted waterfront property in the City of Miami Beach and believed that the Floor Area
Ratio of property could not be increased without platting; and
WHEREAS, certain owners of unplatted waterfront property have incorrectly concluded that
their property is excepted from the uniform referendum requirement of the City Charter; and
WHEREAS, the following Resolution calling for a Special Election is thus necessary to
clarify the intent of the original Charter amendment, by deleting its reference to "platted" property,
effectively clarifying the Charter section's applicability to all waterfront property, without exception;
and
WHEREAS, remaining proposed amendments to Charter Section 1.03(c) contained within
the ballot question are set forth specifically hereinbelow; and
WHEREAS, it is the intention of the Miami Beach City Commission that if any portion of
this ballot measure is held unconstitutional or otherwise invalid, then said holding shall in no way
affect the validity of the remaining portions of this ballot measure.
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, November 6, 2001, 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.
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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, each and every day until October 9, 2001 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 9, 2001, 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, III 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 proposed Charter text 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 November 6, 2001 special 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.
SECTION 7.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
3
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 6TH DAY OF NOVEMBER, 2001, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
CLARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING
VOTER APPROVAL BEFORE INCREASING WATERFRONT
PROPERTY'S FLOOR AREA RATIO
SHALL CHARTER SECTION 1.03(c) BE:
--CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM
ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT
PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED
WITHOUT VOTER APPROVAL; AND
--AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE
APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE
INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM
FLOOR AREA RATIO EXISTING ON JUNE 4, 1997 TO FLOOR AREA
RATIO EXISTING ON NOVEMBER 7, 200I?
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be held on November 6, 200 I, hereby
called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 6, 200 I.
4
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 6TH DAY OF NOVEMBER, 2001, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
CLARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING
VOTER APPROVAL BEFORE INCREASING WATERFRONT
PROPERTY'S FLOOR AREA RATIO
SHALL CHARTER SECTION 1.03(c) BE:
--CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM
ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT
PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED
WITHOUT VOTER APPROVAL; AND
--AMENDED TO STATE THAT COMMENCING JULY 18,2001, THE
APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE
INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM
FLOOR AREA RATIO EXISTING ON JUNE 4, 1997 TO FLOOR AREA
RATIO EXISTING ON NOVEMBER 7, 200I?
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.
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SECTION 11.
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 12.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this L8th day of
July
, 2001.
!/JR
ATTEST:
l11MA6 r~
CITY CLERK
Requested by Commissioner David Dermer
APPROVED AS TO
FORM & LANGUAGE
8. FOR EXECUTION
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(-(s~ 0 l
Date
6
Proposed Amendment to City Charter Section 1.03( c) for November 6, 200] Special Election:
A. Proposed Ballot Question
CLARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING VOTER
APPROVAL BEFORE INCREASING W A lERFRONT PROPERTY'S FLOOR AREA
RATIO
SHALL CHARTER SECTION 1.03(c) BE:
--CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM ZONED
FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT PROPERTY, EVEN
IF UNPLATTED, MAY NOT BE INCREASED WITHOUT VOTER APPROVAL;
AND
--AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE
APPLICABLE ZONED FLOOR AREA RATIO WInCH MAY NOT BE INCREASED
WITHOUT VOTER APPROVAL IS CHANGED FROM FLOOR AREA RATIO
EXISTING ON JUNE 4, 1997 TO FLOOR AREA RATIO EXISTING ON
NOVEMBER 7,2001?
YES
NO
B. Proposed Text
Section 1.03 Powers of City
*
*
*
(c) The floor area ratio of any platted property or street end within the City of
Miami Beach adjacent to the Atlantic Ocean, Government Cut, Indian Creek or
Biscayne Bay shall not be increased by zoning, transfer, or any other means from
its current zoned floor area ratio as it exists on the date of adoption of this
Charter Amendment [Jtlfl.e 4, 1997] [November 7, 2001], including any
limitations on floor area ratios which are in effect by virtue of development
agreements through the full term of such agreements, unless any such increase
in zoned floor area ratio for any such property shall first be approved by a vote
of the electors of the City of Miami Beach. This Charter Amendment shall
become effective on the day after its approval by the voters of the City of Miami
Beach. No rights in derogation ofthe provisions of this Amendment under any
ordinance 6f ill any other action of the Miami Beach City Commission between
the time this petiti6f1 i3 wiified b) the Mitl.l11i Dacle C6l!1rt) Stlfle!. bell 6f
Eleeti6f13 this measure is approved by the Miami Beach City Commission for
placement on the November 6, 200] ballot and the adoption of this Amendment
shall be enforced against the City of Miami Beach.
F:\A TIO\OLIJ\ELECTION\RESO\SECI03C.NOl\
7
OFFICE OF THE CITY ATTORNEY
<6'~ tf~l1-
F LOA 0 A
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
DATE: JULY 18,2001
TO:
MAYOR NEISEN KASDIN
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
MURRAY DUBBIN r-1.)/~
CITY ATTORNEY
FROM:
SUBJECT: PROPOSED AMENDMENT TO CITY CHARTER ~1.03(c)
Pursuant to the request of Commissioner David Dermer, the attached resolution has been
drafted for the purposes of presenting the following ballot question to the City's voters on the
November 6, 2001 ballot:
CI,ARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING
VOTER APPROVAL BEFORE INCREASING WATERFRONT
PROPERTY'S FLOOR AREA RATIO
SHALL CHARTER SECTION 1.03(c) BE:
--CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM
ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT
PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED
WITHOUT VOTER APPROVAL; AND
--AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE
APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE
INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM
FLOOR AREA RATIO EXISTING ON JUNE 4,1997 TO FLOOR AREA
RATIO EXISTING ON NOVEMBER 7, 2001?
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Attachment
Agenda Item R7Q
. Fl M" B Date 7-N. ..() I
1700 Convention Center DrIve -- Fourth oor -- laml ea