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2012-27903 Reso RESOLUTION NO. 2012-27903 A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. 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 14, 2012, 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. 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, 2700 N.W. 87`h Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION S. 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 §150.031 and §100.342, Florida Statutes, and Section 38-3 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 14T" DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: 2 "OFFICIAL BALLOT" MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? 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 9th day of May , 2012. ATTEST: F .INCORP ORATED: A I HERRERA BOWER AYOR APPROVED AS TO RAFAeL E. GRANADO, CITY C �'` FORM&LANGUAGE 2M� & FOR EXECUTION (Requested by Commissioner Jonah F:\ATTO\TURN\RESOS\Charter Amendment-Commission Special Meetings Proposed Ballot Ques' r d` ct 2 1 cx(� City Att me � Date 3 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: MAJORITY OF MEMBERS CITY OF COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? YES NO II. PROPOSED CHARTER TEXT: Sec. 2.04. Induction and meetings. The City Commission shall, at its first meeting after each general election, which shall be within three (3) days after the general election (or within thirty (30) days after the runoff election, if a runoff election is held) elect from its membership a Vice-Mayor who during the absence or disability of the Mayor, shall perform the duties of Mayor. In the absence or disability of both the Mayor and Vice-Mayor, the said duty shall be performed by another member appointed by the Commission. The City Commission shall meet at such times as may be prescribed by ordinance or resolution. The Mayor, or the City Manager, may call special meetings of the Commission upon at least twenty-four (24) hours written notice to each member, served personally, or left at his usual place of abode; provide, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the Commission. In addition, special meetings of the City Commission may be called by a majority of the members of the Commission upon written notice to the City Clerk and in accordance with the procedures set forth in a resolution of the City Commission. No member of the City Commission shall, during the time for which he/she was elected, be appointed or elected to any City office that has been created or the emoluments thereof shall have been increased during such time. i F:\ATTO\TURN\RESOS\Proposed Ballot Question and Summary-Charter Amendment-Commission Special Meetings 2012.docx MIA/01BEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ FROM: JOSE SMITH 7 •�, C�,,;�� CITY ATTORNE DATE: May 9, 2012 SUBJECT: A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. Pursuant to the request of Commissioner Jonah Wolfson, the attached Resolution has been drafted calling for an August 14, 2012 Special Election to consider the following ballot question amending the Miami Beach City Charter as follows: SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? The attached Resolution is therefore submitted for consideration by the City Commission. F:\ATTO\TURN\COMMMEMO\CharterAmendmentSpecialCommissionMeeting.doc Agenda Item Rr7K Date !�-�-/Z m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jose Smith, City Attorney Jorge Gonzalez, City Manager FROM: Commissioner Jonah Wolfson r , DATE: May 1, 2012 SUBJECT: Agenda item for the May 9, 2012 Commission meeting Please draft and place on the May 9 City Commission Agenda, a resolution calling for an August 14, 2012 Special Election to consider a ballot question amending the Miami Beach City Charter to provide for the calling of Special meetings of the City Commission by a majority of the members of the Commission. Please contact my office at ext. 6437 if you have any questions. JW/Ih We are committed to providing excellent public service and safety to all who live, work, and ploy in o RESOLUTION NO. 2012-27903 A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. 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 14, 2012, 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. 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, 2700 N.W. 87`h Avenue, Dora[, Florida 33172; Telephone: (305) 499-VOTE (8683). 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 §150.031 and §100.342, Florida Statutes, and Section 38-3 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 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: 2 "OFFICIAL BALLOT" MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? 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 9th day of May , 2012. ATTEST: B E,9 * .INCORP ORATED.' A I HERRERA WER AYOR APPROVED AS TO RAFAE1 E. GRANADO, CITY C pj'` FORM&LANGUAGE """"�� '� & FOR EXECUTION (Requested by Commissioner Jonah F:\ATTO\TURN\RESOS\Charter Amendment-Commission Special Meetings-Proposed Ballot Ques' +d t2 1 . exf 5- Z City Att me Date_ 3 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: MAJORITY OF MEMBERS CITY OF COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? YES NO Aa 040010 3YAT2 100-IMAIM 44 YYNUOa II. PROPOSED CHARTER TEXT: "tn Y�i]Jo )h Yii'? ,pQANAAc� .319A'IAH\I Sec. 2.04. Induction and meetings. 1bd9 Y)itlw V491 tl ab�bbi�cl3 ��� d1, 'r� .a�-,�©"a any lull rs ti�Ip�y9r�1�'��ypcl� � 13 The City Commission shall, at its first meeti9gjpftem0a&19V%"-6 �i�iw rich gpall be within three (3) days after the general election (or within thirty (30) days after the runoff election, if a runoff election is held) elect from its membership a Vice-Mayor who d ce or disability of the Mayor, shall perform the duties of 6c��tl�i � bifify of 4 jth the Mayor and Vice-Mayor, the said duty shall be ferrNed b appointed by the Commission. 00Ali(%ARC' •3 j3A)" The City Commission shall meet at a�� iiilt� � rlf3ed by ordinance or resolution. The Mayor, or the City Manager, may call special meetings of the Commission upon at least twenty-four (24) hours written notice to each member, served personally, or left at his usual place of abode; provide, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the Commission. In addition, special meetings of the City Commission may be called by a majority of the members of the Commission upon written notice to the City Clerk and in accordance with the procedures set forth in a resolution of the City Commission. No member of the City Commission shall, during the time for which he/she was elected, be appointed or elected to any City office that has been created or the emoluments thereof shall have been increased during such time. F:\ATT0\TURN\RESoS\Proposed Ballot Question and Summary-Charter Amendment-Commission Special Meetings 2012.docx STATE OF"IDA COUNTY OF MKM1 DADE I, MFAEL 1,GRANADA,City Cleric of City of Miami Beach,Fhr the above OW fon° �^�Y certify that co'%v of the is a true and correct office. final thereof on file in this s NE this >�Ni df City said A.D.J.201'2=, � CI E.G gpA City Clerk Beach, bride * INCORP ORATED' ..... . O,'� C�/ 26