2015-29026 Reso RESOLUTION NO. 2015-29026
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL MAIL
BALLOT ELECTION TO BE HELD FROM JUNE 29, 2015 TO JULY 24,
2015, TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED
PROPERTY OWNERS APPROVE THE CREATION OF A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD
BUSINESS IMPROVEMENT DISTRICT (THE "DISTRICT");
PROVIDING THAT THE OFFICE OF THE CITY CLERK AND OFFICE
OF THE CITY ATTORNEY SHALL CONDUCT SUCH ELECTION;
PROVIDING FOR THE FORM OF BALLOT; DIRECTING THE CITY
CLERK TO GIVE NOTICE OF SUCH ELECTION AS REQUIRED BY
THE CITY CODE AND STATE LAW; AND AUTHORIZING THE CITY
MANAGER TO VOTE IN FAVOR OF THE CREATION OF THE
DISTRICT ON BEHALF OF THE CITY, WHICH, AS THE
OWNER/LESSOR UNDER THE GROUND LEASE WITH THE NEW
WORLD SYMPHONY, IS AN AFFECTED PROPERTY OWNER.
WHEREAS, on April 15, 2015, the Mayor and City Commission adopted Resolution No.
2015-28992, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the Lincoln Road Business Improvement District (the "District"), for a term of ten (10)
years, to stabilize and improve the Lincoln Road retail business district, which is located within a
nationally recognized historic district, through promotion, management, marketing, and other
similar services; and
WHEREAS, the Mayor and City Commission hereby call for a special mail ballot election
(the "Election") to determine whether a majority of the affected property owners approve the
creation of the District; and
WHEREAS, the City and the Lincoln Road Property Owners Association, Inc. ("LRPOA")
have entered into a Memorandum of Understanding ("MOU") to conduct the Election; and
WHEREAS, pursuant to the MOU, LRPOA shall cover the costs of the Election,
including the City's staff costs, as well as the cost of postage, printing, advertising, and
translation; and
WHEREAS, the Office of the City Clerk and Office of the City Attorney have prepared
special mail ballot election procedures for the proposed Election, which procedures are attached
and incorporated as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
In accordance with the provisions of the Code of the City of Miami Beach and the
general laws of the State of Florida, a special mail ballot election is hereby called and directed
to be held in the City of Miami Beach, Florida, from June 29, 2015 to July 24, 2015, for the
purpose of submitting to the affected property owners the following question:
Shall a special assessment district known and designated as the Lincoln
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LL"District")(the District be created for a term
Road Business Improvement District (t )
of ten (10) years, with an estimated annual budget of $ 1,426,237, to
stabilize and improve the Lincoln Road retail business district, which is
located within a nationally recognized historic district, through promotion,
management, marketing, and other similar services, which District is to be
funded by special assessments against benefited properties?
SECTION 2.
The Office of the City Clerk and Office of the City Attorney shall conduct the special mail
ballot election authorized herein, in accordance with the special mail ballot election procedures
attached and incorporated as Exhibit "A" hereto.
SECTION 3.
The form of the ballot shall be a paper ballot, which shall be mailed to affected property
owners.
SECTION 4.
The City Clerk is hereby directed to give notice, as required by the Code of the City of
Miami Beach and Florida Statutes, of the adoption of this Resolution and of the special mail
ballot election herein prescribed.
SECTION 5.
The City Manager is hereby directed to vote in favor of the creation of the District on
behalf of the City, which, as the Owner/Lessor under the Ground Lease, dated January 5, 2004,
between the City and the New World Symphony, is an affected property owner. Pursuant to
Section 3.3 of the Ground Lease, the New World Symphony shall pay any special assessments
authorized by Resolution No. 2015-28992.
SECTION 6.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 2O day of /11‘ , 2015.
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City Attorney 1 ‘1, Date
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EXHIBIT "A"
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
SPECIAL MAIL BALLOT ELECTION PROCEDURES
The following procedures shall govern the special mail ballot election, which shall be
conducted by the Office of the City Clerk and Office of the City Attorney, to determine
whether a majority (50% plus one) of the affected property owners approve the creation
of the proposed Lincoln Road Business Improvement District (the "District") (altogether,
the "Election").
1. The Lincoln Road Property Owners Association, Inc. ("LRPOA") shall provide the
City Clerk with a Certified List, approved by the LRPOA president and attested to by
the LRPOA secretary, of each benefited property address within the District, and
each property owner's mailing address. In addition, the LRPOA will provide the City
with a mailing label and a return-mailing label for each address. The format of the
mailing labels and return-mailing labels (the "Labels") shall be as determined by the
City.
2. The City reserves the right to hire a consultant to verify the property owners and
mailing addresses submitted by LRPOA pursuant to Section 1 above.
3. The Office of the City Attorney shall draft the ballot question.
4. Upon LRPOA's approval of the ballot question, and the City's receipt of the Labels
and Certified List, the Office of the City Clerk, in consultation with the Office of the
City Attorney, shall prepare the Official Ballot. The City's seal will be embossed on
each Official Ballot.
5. The City shall translate or arrange the translation of any documents necessary to
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effectuate the Election, including the Official Ballot.
6. The mail package for each Official Ballot shall be as follows:
shall be affixed with a mailing label
Envelope 1: Envelope 1, the outer envelope, g
provided by LRPOA. This envelope shall contain (i) the Official
Ballot, (ii) a form affidavit affirming the voter's authority to vote on
behalf of the property owner (the "Affidavit"), (iii) an instruction
sheet detailing when the Official Ballot must be returned and the
date, time, and location of when the Official Ballots received will be
opened, (iv) Envelope 2, and (v) Envelope 3.
Envelope 2: Envelope 2, which will be placed inside Envelope 1, shall be
stamped and pre-addressed for mailing to the Office of the City
Clerk. A return address label printed with the folio number, name of
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the property owner, and mailing address of the property owner shall
be affixed to Envelope 2.
Envelope 3: Envelope 3 is the ballot secrecy envelope. To preserve the secrecy
of the ballot, the property owner will be instructed to remove the
Official Ballot from Envelope 1, and cast a vote by drawing a circle
around the appropriate ballot response. After voting, the property
owner will be instructed to place the completed Official Ballot inside
Envelope 3, seal Envelope 3, and place Envelope 3 into Envelope
2. The property owner will be instructed to place the Affidavit inside
Envelope 2 and not to place the Affidavit inside Envelope 3, to
preserve the secrecy of the ballot. The property owner shall return
a sealed Envelope 2, containing the Affidavit and a sealed
Envelope 3, to the City by (i) mailing the pre-addressed Envelope 2
to the Office of the City Clerk or (ii) physically bringing Envelope 2
directly to the Office of the City Clerk.
7. The Office of the City Clerk shall mail all Official Ballots to the property owners on
the same day, via First Class U. S. Mail, unless LRPOA notifies the City in writing
that LRPOA desires that the Official Ballots be sent via FedEx or any other delivery
service, at LRPOA's expense; in such event, LRPOA shall provide the City with pre-
addressed labels and any and all necessary packing and mailing materials for that
particular delivery service. In the event that LRPOA elects to use a delivery service
other than U.S. Mail, the procedure in Section 6 shall still apply, except that
Envelope 1 shall be placed inside a postage prepaid envelope for that particular
delivery service.
8. As voting envelopes are returned, the Office of the City Clerk shall track, on a daily
basis, the number of ballots received, by property address, using the Certified List.
The count will be posted on the City's website at the end of each day.
Office of the City Clerk receives two or more envelopes referencing the same
9. If the 0 y p
folio number, the ballots in those envelopes shall be voided, and that property owner
will be considered to have not voted.
10.The Canvassing Board for this mail ballot election shall consist of the following
individuals:
a. Rafael E. Granado, City Clerk
b. Raul J. Aguila, City Attorney
c. Nick E. Kallergis, Assistant City Attorney
11.A "yes" vote of the owners of a simple majority (50% plus one) of the affected
properties is required to approve the proposed District.
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12.A property owner who fails to return an Official Ballot to the Office of the City Clerk
within the allotted timeframe will be considered to have voted "no" to the creation of
the District.
13.The City Clerk shall keep the LRPOA president informed of all election-related
activities, and the.LRPOA president is responsible for disseminating all information
to the owners of properties within the District.
14.The ballots will be opened at a publicly noticed meeting of the Canvassing Board, at
a prescribed date, time, and location, as follows:
a. Envelope 2 will be opened and Envelope 3 and the Affidavit will be removed from
Envelope 2.
b. Envelope 2 will be placed in a separate stack.
c. The Canvassing Board will review the Affidavit to ensure that it is complete and
validly executed and notarized. If the Affidavit is not complete or validly executed
or notarized, the Affidavit will be stapled to the corresponding Envelope 3 and
rejected. If the Affidavit is complete and validly executed and notarized, the
Affidavit and Envelope 3 will be placed in separate stacks.
d. If the Affidavit is deemed valid, the corresponding Envelope 3 will be opened and
the Official Ballot will be removed and placed in a separate stack.
e. Those Official Ballots deemed valid pursuant to Section 14(d) herein will be
counted. The Office of the City Clerk will prepare a tally of"yes" votes, "no" votes,
unreturned ballots, and rejected ballots.
f. The Canvassing Board will review any ballot lacking a clear ballot response to
determine, if possible, the voter's intent.
15.Once the count has been finalized and the count is reconciled, the Office of the City
Clerk will prepare an Official Election Certification.
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