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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