2013-28298 Reso RESOLUTION NO. 2013-28298
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 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER
THE CITY SHOULD ENTER INTO 99 YEAR LEASES WITH SOUTH BEACH ARTS
CULTURE ENTERTAINMENT ("TISHMAN") PROVIDING FOR PAYMENT TO THE
CITY OF FAIR MARKET RENT ON THESE CITY PROPERTIES:
• CONVENTION CENTER PARKING LOTS;
• CONVENTION CENTER DRIVE;
• PORTIONS OF CONVENTION CENTER, CENTER'S AIR RIGHTS AND
PARKING SPACES;
17Th STREET GARAGE SITE'S GROUND FLOOR ("GARAGE");
FOR TISHMAN'S DEVELOPMENT THEREON OF:
• 800 ROOM HOTEL;
• 20,000 SQUARE FEET RETAIL/RESTAURANTS NORTH OF 17TH STREET;
• 70,000 SQUARE FEET RETAIL/RESTAURANTS IN THE GARAGE?
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 5, 2013; for the purpose of submitting to the electorate the question
as set forth hereinbelow.
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. 87th Avenue, Doral, 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 §50.031
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 5thth DAY OF
NOVEMBER 2013, AT WHICH TIME THERE SHALL BE SUBMITTED
TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING BALLOT QUESTION:
2
"CONVENTION CENTER PROJECT":
LEASE OF CITY PROPERTIES TO SOUTH BEACH ARTS CULTURE
ENTERTAINMENT ("TISHMAN ")
SHOULD CITY ENTER INTO 99 YEAR LEASES WITH SOUTH BEACH ARTS
CULTURE ENTERTAINMENT ("TISHMAN") REQUIRING PAYMENT TO CITY OF FAIR
MARKET RENT ON THESE CITY PROPERTIES:
0 CONVENTION CENTER PARKING LOTS;
0 CONVENTION CENTER DRIVE;
0 PORTIONS OF CONVENTION CENTER, CENTER'S AIR RIGHTS AND
PARKING SPACES;
0 17Th STREET GARAGE SITE'S GROUND FLOOR ("GARAGE");
FOR TISHMAN'S DEVELOPMENT THEREON OF:
0 800 ROOM HOTEL;
0 20,000 SQUARE FEET RETAIL/RESTAURANTS NORTH OF 17TH STREET;
0 70,000 SQUARE FEET RETAIL/RESTAURANTS IN THE GARAGE?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November
5, 2013, hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
"CONVENTION CENTER PROJECT":
LEASE OF CITY PROPERTIES TO SOUTH BEACH ARTS CULTURE
ENTERTAINMENT ("TISHMAN ")
SHOULD CITY ENTER INTO 99 YEAR LEASES WITH SOUTH BEACH ARTS
CULTURE ENTERTAINMENT ("TISHMAN") REQUIRING PAYMENT TO CITY OF FAIR
MARKET RENT ON THESE CITY PROPERTIES:
0 CONVENTION CENTER PARKING LOTS;
0 CONVENTION CENTER DRIVE;
0 PORTIONS OF CONVENTION CENTER, CENTER'S AIR RIGHTS AND
PARKING SPACES;
0 17Th STREET GARAGE SITE'S GROUND FLOOR ("GARAGE");
FOR TISHMAN'S DEVELOPMENT THEREON OF:
0 800 ROOM HOTEL;
0 20,000 SQUARE FEET RETAIL/RESTAURANTS NORTH OF 17TH STREET;
0 70,000 SQUARE FEET RETAIL/RESTAURANTS IN THE GARAGE?
YES
NO
3
f
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 upon its passage.
PASSED and ADOPTED this IQ41 day of JH , 2013.
ATTEST:
HE FTA ER, MA
L(
RA AEL E. GRANADO, Cl
APPROVED AS TO
rl =nN
OR I�A1f�®= � FORM &LANGUAGE
s
&FOR ECUTION
torney 11 Da
F:\ATTO\SMIJ\CONVENTION CENTER BALLOT QUESTION 7-19-13.docx
4
MIAMI BEACH
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC: Jimmy Morales, City M ger
a
FROM: Jose Smith, City tt rr�e
Y Y .
DATE: July 17, 2013
SUBJECT: "Convention Center Project" - Ballot Question Resolutions
The attached alternative Resolutions provide for a ballot question to be submitted to the
voters asking whether the City should lease certain City properties to the selected developer
(Alternative A: South Beach Ace ("Tishman"); Alternative B: Portman—CMC) for the
development of an 800 room convention hotel, 90,000.00 square feet of retail/restaurants, low
rise residential units, and a new City garage to be built on the site of the existing 17 Street
garage.
JS/DT/mmd
FAATTO\SMIJ\COMMISSION MEMOS\Convention Center City Ballot questions.docx
Agenda Item O
Date - 7-�
ALTERNATIVE A
RESOLUTION NO.
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 5, 20139 FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY
SHOULD LEASE THE FOLLOWING CITY PROPERTIES TO SOUTH
BEACH ACE ("TISHMAN"):
• CONVENTION CENTER ("CC") PARKING LOTS;
• AIR RIGHTS ABOVE CC; AND
• GROUND FLOOR AND ROOFTOP OF A CITY GARAGE TO BE
BUILT ON SITE OF EXISTING 17TH STREET GARAGE ("CITY
GARAGE");
FOR DEVELOPMENT BY TISHMAN ON SUCH PROPERTIES OF
• AN 800 ROOM CONVENTION HOTEL;
• 90,000 SQUARE FEET OF RETAIL/RESTAURANTS;
• LOW-RISE RESIDENTIAL UNITS; AND
• THE CITY GARAGE.
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 5, 2013 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. 87th Avenue, Doral, 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 §50.031
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 5T" DAY OF
NOVEMBER, 2013, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED
VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
`.`CONVENTION CENTER PROJECT":
APPROVAL TO LEASE CITY PROPERTIES TO SOUTH BEACH
ACE ("TISHMAN")
SHOULD CITY LEASE THE FOLLOWING CITY PROPERTIES TO
SOUTH BEACH ACE ("TISHMAN"):
• CONVENTION CENTER ("CC") PARKING LOTS;
2
• AIR RIGHTS ABOVE CC; AND
• GROUND FLOOR AND ROOFTOP OF A CITY GARAGE TO
BE BUILT ON SITE OF EXISTING 17TH STREET GARAGE
("CITY GARAGE");
FOR DEVELOPMENT BY TISHMAN ON SUCH PROPERTIES OF
• AN 800 ROOM CONVENTION HOTEL;
• 90,000 SQUARE FEET OF RETAIL/RESTAURANTS;
• LOW-RISE RESIDENTIAL UNITS; AND
• THE CITY GARAGE?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November
5, 2013, hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
"CONVENTION CENTER PROJECT":
APPROVAL TO LEASE CITY PROPERTIES TO SOUTH BEACH ACE ("TISHMAN")
SHOULD CITY LEASE THE FOLLOWING CITY PROPERTIES TO SOUTH BEACH
ACE ("TISHMAN"):
• CONVENTION CENTER ("CC") PARKING LOTS;
• AIR RIGHTS ABOVE CC; AND
• GROUND FLOOR AND ROOFTOP OF A CITY GARAGE TO BE BUILT ON
SITE OF EXISTING 17TH STREET GARAGE ("CITY GARAGE");
FOR DEVELOPMENT BY TISHMAN ON SUCH PROPERTIES OF
• AN 800 ROOM CONVENTION HOTEL;
• 90,000 SQUARE FEET OF RETAIURESTAURANTS;
• LOW-RISE RESIDENTIAL UNITS; AND
• THE CITY GARAGE?
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.
3
r
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 upon its passage.
PASSED and ADOPTED this day of
ATTEST:
MATTI HERRERA BOWER,
MAYOR
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
City Atto ate
F:\ATTO\AGUR\ELECTIONS\MBCC PROJECT BALLOT RESO-South Beach ACE(Alternative A-7-17-13)
(New Revised Final Version).docx
4
ALTERNATIVE B
RESOLUTION NO.
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 5, 2013, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY
SHOULD LEASE THE FOLLOWING CITY PROPERTIES TO
PORTMAN-CMC:
• CONVENTION CENTER ("CC") PARKING LOTS;
• AIR RIGHTS ABOVE CC, AND EAST SIDE OF CC FACING
WASHINGTON AVENUE;
• GROUND FLOOR AND ROOFTOP OF A CITY GARAGE TO BE
BUILT ON SITE OF EXISTING 17TH STREET GARAGE ("CITY
GARAGE");
FOR DEVELOPMENT BY PORTMAN ON SUCH PROPERTIES OF
• AN 800 ROOM CONVENTION HOTEL;
• 90,000 SQUARE FEET OF RETAIL/RESTAURANTS;
• LOW-RISE RESIDENTIAL UNITS; AND
• THE CITY GARAGE.
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 5, 2013 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. 87th Avenue, Doral, 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 §50.031
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 5T" DAY OF
NOVEMBER, 2013, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED
VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
"CONVENTION CENTER PROJECT":
APPROVAL TO LEASE CITY PROPERTIES TO PORTMAN-CMC
SHOULD CITY LEASE THE FOLLOWING CITY PROPERTIES TO
PORTMAN-CMC:
2
• CONVENTION CENTER ("CC") PARKING LOTS;
• AIR RIGHTS ABOVE CC, AND EAST SIDE OF CC FACING
WASHINGTON AVENUE;
• GROUND FLOOR AND ROOFTOP OF A CITY GARAGE TO
BE BUILT ON SITE OF EXISTING 17TH STREET GARAGE
("CITY GARAGE");
FOR DEVELOPMENT BY PORTMAN ON SUCH PROPERTIES OF
• AN 800 ROOM CONVENTION HOTEL;
• 90,000 SQUARE FEET OF RETAIURESTAURANTS;
• LOW-RISE RESIDENTIAL UNITS; AND
• THE CITY GARAGE?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November
5, 2013, hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
"CONVENTION CENTER PROJECT":
APPROVAL TO LEASE CITY PROPERTIES TO PORTMAN-CMC
SHOULD CITY LEASE THE FOLLOWING CITY PROPERTIES TO PORTMAN-CMC:
• CONVENTION CENTER ("CC") PARKING LOTS;
• AIR RIGHTS ABOVE CC, AND EAST SIDE OF CC FACING WASHINGTON
AVENUE;
• GROUND FLOOR AND ROOFTOP OF A CITY GARAGE TO BE BUILT ON
SITE OF EXISTING 17TH STREET GARAGE ("CITY GARAGE");
FOR DEVELOPMENT BY PORTMAN ON SUCH PROPERTIES OF
• AN 800 ROOM CONVENTION HOTEL,
• 90,000 SQUARE FEET OF RETAIURESTAURANTS;
• LOW-RISE RESIDENTIAL UNITS; AND
• THE CITY GARAGE?
YES
NO
SECTION 8.
That the absentee voters participating in said Special Election shall be entitled to
3
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 upon its passage.
PASSED and ADOPTED this day of , 2013.
ATTEST:
MATTI HERRERA BOWER,
MAYOR
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION 11 : � �'
6 � � 3
ity Attorn Date
F:\ATTO\AGUR\ELECTIONS\MBCC PROJECT BALLOT RESO-Portman CIVIC(Alternative B-7-17-13)(New
Revised Final Version).docx
4