2013-28302 Reso RESOLUTION NO. 2013-28302
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH, FLORIDA A QUESTION ASKING WHETHER PARAGRAPH A(20) OF THE
MIAMI BEACH CITY CHARTER CITIZENS' BILL OF RIGHTS SHOULD BE CREATED
TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF THE CITY'S
ADMINISTRATION AS ASSISTING CONDOMINIUM AND CO-OP OWNERS TO
NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS; FACILITATE
RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH OTHER
OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM OR CO-
OP OWNERS, MANAGEMENT FIRMS AND THE CITY.
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:
CITY ASSISTANCE TO CONDOMINIUM AND CO-OP OWNERS
SHALL PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF
THE CITY'S ADMINISTRATION AS ASSISTING CONDOMINIUM AND CO-OP
OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS;
FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH
OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM
OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY?
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:
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"OFFICIAL BALLOT"
CITY ASSITANCE TO CONDOMINIUM AND CO-OP OWNERS
SHALL PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF
THE CITY'S ADMINISTRATION AS ASSISTING CONDOMINIUM AND CO-OP
OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS;
FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH
OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM
OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY?
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 9f of �/y� , 2013.
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
CITY ASSISTANCE TO CONDOMINIUM AND CO-OP OWNERS
SHALL PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF
THE CITY'S ADMINISTRATION AS ASSISTING CONDOMINIUM AND CO-OP
OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS;
FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH
OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM
OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY?
YES
NO
II. PROPOSED CHARTER TEXT:
Citizens' Bill of Rights
(A) This government has been created to protect the governed, not the governing. In
order to provide the public with full and accurate information, to promote efficient
administrative management, to make government more accountable, and to insure to all
persons fair and equitable treatment, the following rights are guaranteed:
20. City Assistance to Condominium and Co-op Owners.
The City of Miami Beach hereby acknowledges the purpose and duties of the City's
Administration as assisting condominium and co-op owners to navigate through the
City's permitting process; to facilitate the resolution of other condominium-related issues
with other outside agencies; and to act as a liaison between condominium or co-op
owners, management firms and the City.
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I
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 Mang er
FROM: Jose Smith, City Att ey
DATE: July 17, 2013 �.
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS SHOULD BE CREATED TO ACKNOWLEDGE THE PURPOSE
AND DUTIES OF THE CITY'S CONDOMINIUM OMBUDSMAN AS ASSISTING
CONDOMINIUM AND CO-OP OWNERS TO NAVIGATE THROUGH THE
CITY'S PERMITTING PROCESS; FACILITATE RESOLUTION OF OTHER
CONDOMINIUM-RELATED ISSUES WITH OTHER OUTSIDE AGENCIES;
AND ACT AS A LIAISON BETWEEN CONDOMINIUM OR CO-OP OWNERS,
MANAGEMENT FIRMS AND THE CITY.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(19) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS SHOULD BE CREATED TO SET FORTH THEREIN THE CITY OF
MIAMI BEACH'S POLICY TO COOPERATE WITH THE MIAMI-DADE COUNTY
PUBLIC SCHOOLS TO DEVELOP, OPERATE AND MAINTAIN A SYSTEM OF
PUBLIC EDUCATION, IN COOPERATION WITH OTHER APPROPRIATE
GOVERNMENTAL AGENCIES, WHICH WILL STRIVE TO IMPROVE THE
QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES
AVAILABLE TO THE CITIZENRY OF THE CITY OF MIAMI BEACH, FLORIDA.
Pursuant to the request of Commissioner Jerry Libbin, the attached Resolutions are
submitted for consideration by the Mayor and City Commission.
The Resolutions call for a November 5, 2013 Special Election for the purpose of
submitting ballot questions to the citizens of Miami Beach regarding the creation of
paragraphs (A)19 and (A)20 of the Miami Beach Citizen's Bill of Rights.
JS/DT/mmd
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