97-22346 RESO
RESOLUTION NO.
97-22346
A RESOLUTION CALLING FOR A SPECIAL ELECTION TO
BE HELD ON JUNE 3, 1997, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH AN AMENDMENT TO THE MIAMI BEACH
CITY CHARTER REQUIRING VOTER APPROVAL PRIOR
TO INCREASE IN THE FLOOR AREA RATIO OF
PROPERTY ADJACENT TO THE WATERFRONT.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 0 i?
MIAMI BEACH that:
WHEREAS, pursuant to Section 5.03 of the Metropolitan Dade County Charter, an initi2tiv ~
petition proposing an amendment to the Miami Beach City Charter (the substance of which issue j s
set forth within the attached Exhibit "A"), having been certified by the Dade County Electors
Department on January 31, 1997, was presented to the Miami Beach City Commission fc r
consideration ofthe proposal's placement on a future City ballot; and
WHEREAS, the Miami Beach City Commission has determined, as a ministerial functior ,
to submit the proposal to referendum, as set forth specifically hereinbelow.
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and th.:
general laws of the State of Florida, a Special Election is hereby called and directed to be held in th.:
City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on June 3, 1997 for the purpose: of
submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Dade County election officials shall conduct the said Spe ~ia
Election hereby called, with Dade County's certification of the results of said Special Election beinl,
aceepted by the City Commission. The official returns for each precinct shall be furnished to thl
City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulate<
and results duly accepted by said appropriate Dade County Officials.
SECTION 3.
Said voting preeincts in the City of said Special Election shall be as established by the pn )Pl r
and appropriate Dade County Election Officials. All electors shall vote at the polling plaees ane tt.~
voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electOls
reside. A list of the voting precincts and the polling places therein (subject to change by th ~
Supervisor of Elections of Dade County, in accordance with the laws of Florida) is attached heret)
as Exhibit A.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance Hiit]
the general law of the State of Florida governing voter registration. Qualified persons may obtai]
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Dl iVI .,
Third Floor, Miami Beach, Florida 33139, each and every day until May 2 ,1997, betwee]
the hours of9:00 a.m. and 5:00 p.m., and at such other voter registration centers and during me]
times as may be provided by the Supervisor of Eleetions of Dade County. Each person desiring t)
become a registered voter shall be responsible for properly filling out the registration form an J
returning it to the Dade County Elections Office. All registration forms must be received by th~
Dade COlmty Elections Office and clocked in no later than May 5 , 1997 at 5 :00 P.M. in 0 rd( r
for a person to vote in this Special Election. All questions concerning voter registration should b~
directed to the Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami, Florid.!
33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone: (305) 375-5:i5~.
SECTION 5.
Copies of the proposed amendment shall be made available to the electors at the office ofth.~
City Clerk from 9:00 a.m. to 5:00 p.m. each day, Saturdays, Sundays, and holidays exeepted, ne t
later than thirty days prior to the date of said election.
2
SECTION 6.
Not less than thirty days' notice of said Special Election shall be given by publication in 1
newspaper of general cireulation in Miami Beach, Dade County, Florida. Such publication shall b.~
made at least once eaeh week for four consecutive weeks next preceding said Special Eleetion.
SECTION 7.
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 3RD DAY OF JUNE, 1997, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
CHARTER AMENDMENT REQUIRING VOTER APPROVAL
PRIOR TO FLOOR AREA RATIO INCREASE OF
WATERFRONT-ADJACENT PROPERTY.
SHALL THE CITY OF MIAMI BEACH CHARTER BE
AMENDED TO INCLUDE A REQUIREMENT FOR PUBLIC
VOTE PRIOR TO ANY INCREASE IN FLOOR AREA RATIO OF
PROPERTY ADJACENT TO THE WATERFRONT, WHICH
REQUIREMENT SHALL BE IN EFFECT FROM JANUARY 31,
19977
YES
NO
3
SECTION 8.
The official ballot to be used in the Special Election to be held on June 3, 1997, herebl
ealled, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, JUNE 3, 1997
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 3RD DAY OF JUNE, 1997, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
CHARTER AMENDMENT REQUIRING VOTER APPROVAL
PRIOR TO FLOOR AREA RATIO INCREASE OF
WATERFRONT -ADJACENT PROPERTY.
SHALL THE CITY OF MIAMI BEACH CHARTER BE
AMENDED TO INCLUDE A REQUIREMENT FOR PUBLIC
VOTE PRIOR TO ANY INCREASE IN FLOOR AREA RATIO OF
PROPERTY ADJACENT TO THE WATERFRONT, WHICH
REQUIREMENT SHALL BE IN EFFECT FROM JANUARY 31,
1997?
YES
NO
SECTION 9.
Absentee voters participating in said Special Election shall be entitled to east their bal 10.' s
in aecordanee with the provisions of the laws of the State of Florida with respect to absentee volinl;.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election ani
will pay to Dade County or directly to all persons or firms, upon receipt of invoice or statemellt
approved by the Supervisor of Elections of Dade County, Florida.
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SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 2nd day of April, 1997.
_,,...,,.......e...
ATTEST:
RO~d p~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUnON
1i,~ ~
5
PROPOSED CITY CHARTER AMENDMENT FOR
JUNE 3. 1997 SPECIAL ELECTION
A. Proposed Ballot Question:
CHARTER
APPROVAL
INCREASE
PROPERTY.
AMENDMENT REQUIRING VOTER
PRIOR TO FLOOR AREA RATIO
OF WATERFRONT-ADJACENT
SHALL THE CITY OF MIAMI BEACH CHARTER BE
AMENDED TO INCLUDE A REQUIREMENT FOR
PUBLIC VOTE PRIOR TO ANY INCREASE IN FLOOR
AREA RATIO OF PROPERTY ADJACENT TO THE
WATERFRONT, WHICH REQUIREMENT SHALL BE IN
EFFECT FROM JANUARY 31,19977
YES
NO
B. Proposed Text:
Sec.1.03.
* * *
(c) Floor Area Ratio Increase.
The floor area ratio of any platted property or street end within the City o[
Miami Beach adiacent to the Atlantic Ocean. Government Cut. Indian Creel~
or Biscayne Bay shall not be increased by zoning. transfer. or any othec
means from its current zoned floor area ratio as it exists on the date o[
adoption of this Charter Amendment. including any limitations on floor arecl
ratio which are in effect by virtue of development agreements through the full
term of such agreements. unless any such increase in zoned floor area ratiq
for any such property shall first be approved by a vote of the electors of thE~
City of Miami Beach.
EXHIBIT "A"
This Charter Amendment shall become effective on the day after its approval
by the voters of the City of Miami Beach. No rights in derogation of thl~
provisions of this Amendment under any ordinance of any other action of thl~
Miami Beach City Commission between the time this petition is certified by thl~
Dade County Supervisor of Elections and the adoption of this amendment
shall be enforced against the City of Miami Beach.
JKO:sctjean"E"\far-97. res
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(.305) 673-7470
(30:;) 673-7002
COMMISSION MEMORANDUM NO. ~3l- q J
DATE: APRIL 2,1997
SUBJECT:
MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
MURRAY H. DUBBI~ Ai, .. r),.I1~
CITY ATTORNEY 'V't,~"
RESOLUTION CALLING FOR JUNE 3, 1997 SPECIAL ELECT]OT~
AMENDING CITY CHARTER BY PROVIDING FOR VOTER APPROYA.J
PRIOR TO INCREASE IN FLOOR AREA RATIO OF PROPERT'{
ADJACENT TO THE WATERFRONT.
TO:
FROM:
Pursuant to City Commission directive of March 5, 1997 (resulting from public hearing leI j
on that date), the attached Resolution has been drafted calling for a Special Election to present t(1 He
electorate a question concerning whether the Miami Beach City Charter should be amended so ,s
to provide that voter approval shall be required prior to increase in the floor area ratio of propert y
adjacent to the waterfront.
The attached Resolution is in proper form and is thus ready for City Commission revi ~\\-
JK 0: set:J ean" E "\far -e I ee. em
Agenda Item _1\ '1 D
~ "2-91
Date
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139