Resolution 2018-30150RESOLUTION NO. 2018 -30150
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
MARCH 8, 2018 TO APRIL 20, 2018, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY
OWNERS APPROVE THE CREATION OF A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE
WASHINGTON AVENUE 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; AND DIRECTING THE CITY CLERK TO GIVE
NOTICE OF SUCH ELECTION AS REQUIRED BY THE CITY
CODE AND STATE LAW.
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution
No. 2017 - 30065, 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 Washington Avenue Business Improvement District (the "District "), for a term of
ten (10) years, to stabilize and improve the Washington Avenue 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 (50% plus one) of the affected property owners
approve the creation of the District; and
WHEREAS, the City and Washington Ave BID Inc. (the "BID ") intend to enter into a
Memorandum of Understanding ( "MOU ") to conduct the Election; and
WHEREAS, pursuant to the MOU, the BID shall cover the costs of the Election,
including the City's staff costs, as well as the cost of postage, printing, mailing supplies,
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 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 March 8, 2018 to April 20, 2018, for the
purpose of submitting to the affected property owners the following question:
Shall a special assessment district known and designated as the
Washington Avenue Business Improvement District (the "District ") be
created for a term of ten (10) years, with an estimated annual budget of
$511,331, to stabilize and improve the Washington Avenue 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 hereto and incorporated herein as Exhibit "A ".
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.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this /7 day of JG1/u qr y , 2018.
ATTEST:
Ra ael E. Granado
City Clerk
F;\ATTO \KALN \RESOLUTIONS \Washington Avenue BID Election Reso.docx
Dan Gelber
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
joe 11)
..,.L
Date
City Attorney
EXHIBIT "A"
WASHINGTON AVENUE 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 Washington Avenue Business Improvement District (the "District ")
(altogether, the "Election ").
1. Washington Avenue BID Inc. (the "BID ") shall provide the City Clerk with a Certified
List, approved by the BID president and attested to by the BID secretary, of each
benefited property address within the District, and each property owner's mailing
address. In addition, the BID 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 the BID pursuant to Section 1 above.
3. The Office of the City Attorney shall draft the ballot question.
4. Upon the BID'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
effectuate the Election, including the Official Ballot.
6. The mail package for each Official Ballot shall be as follows:
Envelope 1:
Envelope 1, the outer envelope, shall be affixed with a mailing label
provided by the BID. 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
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 the BID notifies the City in writing
that the BID desires that the Official Ballots be sent via FedEx or any other delivery
service, at the BID's expense; in such event, the BID 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 the BID 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.
9. If the Office of the City Clerk receives two or more envelopes referencing the same
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 special 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, Senior 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.
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.
2
13. The City Clerk shall keep the BID president informed of all election- related activities,
and the BID 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.
FAATTO \KALN \Washington Avenue \ELECTION \Washington Avenue BID Special Mail Ballot Election Procedures.doc
3
MAM
BEACH
Resolutions - C7 U
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: January 17, 2018
SUBJECT: 1. 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 MARCH 8, 2018 TO APRIL 20, 2018, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE
THE CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE WASHINGTON AVENUE 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; AND DIRECTING THE CITY CLERK
TO GIVE NOTICE OF SUCH ELECTION AS REQUIRED BY THE CITY CODE AND
STATE LAW.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF MIAMI BEACH AND WASHINGTON AVE BID INC. (THE "BID "), TO CONDUCT
A SPECIAL MAIL BALLOT ELECTION TO DETERMINE WHETHER A MAJORITY
OF THE AFFECTED PROPERTY OWNERS APPROVE THE CREATION OF A
SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE WASHINGTON
AVENUE BUSINESS IMPROVEMENT DISTRICT, WHICH ELECTION SHALL BE
CONDUCTED BY THE OFFICE OF THE CITY CLERK AND OFFICE OF THE
CITY ATTORNEY, AND TO PROVIDE THAT THE BID SHALL COVER THE COSTS
OF CONDUCTING SUCH ELECTION.
Legislative Tracking
Office of the City Attorney
Sponsor
Vice -Mayor John Elizabeth Aleman
ATTACHMENTS:
Description
Page 332 of 923
▪ Memorandum
o
Resolution No. 1
o Resolution No. 2
o
Memorandurn of Understanding
Page 333 of 923
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ AGUIIA, CITY ATTORNEY
COMMISSION MEMORA
\1DUM
To Mayor Dan Gelber Date: January 17, 2018
Members of the City Gommission
From: Raul J. Aguilact ijoki
City Attorney
Subject: 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 MARCH 8, 2018 TO APRIL 20, 2018, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE
THE CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE WASHINGTON AVENUE 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; AND DIRECTING THE CITY CLERK
TO GIVE NOTICE OF SUCH ELECTION AS REQUIRED BY THE CITY CODE AND
STATE LAW.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH AND WASHINGTON AVE BID INC. (THE "BID"), TO
CONDUCT A SPECIAL MAIL BALLOT ELECTION TO DETERMINE WHETHER A
MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE THE
CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE
WASHINGTON AVENUE BUSINESS IMPROVEMENT DISTRICT, WHICH
ELECTION SHALL BE CONDUCTED BY THE OFFICE OF THE CITY CLERK AND
OFFICE OF THE CITY ATTORNEY, AND TO PROVIDE THAT THE BID SHALL
COVER THE COSTS OF CONDUCTING SUCH ELECTION.
Introduction
On October 18, 2017, the Mayor and City Commission adopted Resolution No. 2017-30065,
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
Washington Avenue Business Improvement District (the "District"), for a term of ten (10) years,
to stabilize and improve the Washington Avenue retail business district, which is located within a
nationally recognized historic district, through promotion, management, marketing, and other
similar services.
The attached Resolutions are submitted for consideration by the Mayor and City Commission,
The first Resolution calls for a special mall ballot election (the 'Election") to be held from March
Page 334 of 923
Resolutions Approving Washington Avenue BID Election and Memorandum of Understanding
January 17, 2018
Page 2
8, 2018 to April 20, 2018, to determine whether a majority of the affected properly owners
approve the creation of the District. The second Resolution approves and authorizes the City
Manager to execute a Memorandum of Understanding ("MOU") between the City and
Washington Ave BID Inc. (the "BID"), pursuant to which the City shall agree to conduct the
Election, and the BID shall agree to cover the costs of the Election.
Resolution Calling for a Special Mail Ballot Election
The first Resolution calls for the Election, which shall be held from March 8, 2018 to April 20,
2018. The Office of the City Clerk shall conduct the Election in accordance with the special mail
ballot election procedures developed by the Office of the City Clerk and Office of the City
Attorney, which procedures are attached to the Resolution as Exhibit "A," The form of the ballot
shall be a paper ballot, upon which each voter will be directed to draw a circle around the
appropriate ballot response. The Resolution directs the City Clerk to publish any election notices
required by the City Code and Florida Statutes.
Resolution Approving the Memorandum of Understanding between the City and the BID
The second Resolution approves and authorizes the City Manager to execute the MOU
between the City and the BID. Pursuant to the MOU, the City shall agree to conduct the
Election, in accordance with the procedures for such Election developed by the Office of the
City Clerk and the Office of the City Attorney, and the BID shall agree to cover the costs of the
Election, including the City's staff costs, as well as the cost of postage, printing, mailing
supplies, advertising, and translation.
Page 335 of 923
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
WASHINGTON AVE BID INC.
TO CONDUCT A SPECIAL MAIL BALLOT ELECTION TO APPROVE THE
CREATION OF THE SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE
WASHINGTON AVENUE BUSINESS IMPROVEMENT DISTRICT, AND TO PROVIDE
FUNDING FOR THE CITY'S COSTS ASSOCIATED THEREWITH
This Memorandum of Understanding ("MOU") is hereby entered into this day of
January, 2018, by and between the City of Miami Beach, a Florida municipal
corporation with offices at 1700 Convention Center Drive, Miami Beach, Florida 33139
("City"), and Washington Ave BID Inc,, a Florida not for profit corporation with offices at
2700 Bay Ave., Miami Beach, FL 33140 (the "1310") (altogether, the "Parties").
RECITALS
WHEREAS, Washington Ave 1310 Inc, is a Florida not for profit corporation, which
represents a group of property owners of real estate in the vicinity of, abutting, or
located on Washington Avenue; and
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted
Resolution No, 2017-30065, 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 Washington Avenue Business Improvement
District (the "District"), for a term of ten (10) years, to stabilize and improve the
Washington Avenue retail business district, which is located within a nationally
recognized historic district, through promotion, management, marketing, and other
similar services; and
WHEREAS, the District is bounded on the north by 17th Street and on the south
by 5th Street, and consists of properties abutting Washington Avenue and/or the cross-
streets intersecting Washington Avenue; provided, however, that the following
properties shall be excluded and exempted from the District: (1) residential properties;
(2) common areas owned by condominium associations; (3) any property owned by a
City, County, State, or Federal governmental entity or school district; and (4) any
property owned or occupied by a religious institution and used as a place of worship or
education (as defined in Section 170,201(2), Florida Statutes); and
WHEREAS, a special mail ballot election shall be held to determine whether,
pursuant to Chapter 170, Florida Statutes, a majority (50% plus one) of the affected
property owners approve the creation of the District (the "Election"); and
WHEREAS, the City and the BID hereby agree to the terms of this MOU, which
shall set forth the obligations of the Parties with respect to the Election.
Page 343 of 923
NOW, THEREFORE, in consideration of the foregoing, the parties agree as foliows:
1. RECITALS
The recitals are true and correct and hereby incorporated into and made a part of this
MOU.
2, CITY'S OBLIGATIONS
The City, through the Office of the City Clerk and Office of the City Attorney, shall
provide the following services relative to the Election:
A. Conduct the Election, pursuant to the Special Mail Ballot Election Procedures,
attached hereto and incorporated herein as Exhibit "A,"
B. Prepare and disseminate any documents necessary to effectuate the Election,
including the official ballot, instruction sheet, and form affidavit affirming the
voter's authority to vote on behalf of a property owner, as well as any notices and
advertisements required by law,
C. Communicate with the Mayor and City Commission regarding the progress of the
Election,
3. TERM AND EXPIRATION DATE
This MOU and the Parties' obligations hereunder shall commence upon the full
execution of this MOU, and shall terminate upon the City Clerk's certification of the
results of the Election to the City Commission.
4. COMPENSATION
The BID shall pay and/or reimburse the City for all costs necessary to conduct the
Election, including the City's staff costs, as well as the cost of postage, printing, mailing
supplies, advertising, and translation (the "Fee"), as set forth in the proposed budget,
attached hereto as Exhibit "B," The total Fee due to the City shall not exceed $21 j)00,
unless otherwise mutually agreed to and approved, in writing, by the Parties. For
purposes of this Section 4, the City Manager shall be authorized to act on behalf of the
City.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 344 of 923
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on
the date first written above.
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By
Rafael Craned°
City Clerk
WASHINGTON AVE BID INC.
ATTEST:
By:
Jimmy Morales
City Manager
Signature Andrew Resnick
President
Pr nt Name / Title
Page 345 of 923
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUT10N
City Attorney
Dote
EXHIBIT "A"
WASHINGTON AVENUE 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 Washington Avenue Business Improvement District (the "District")
(altogether, the "Election"),
1. Washington Avenue BID Inc, (the "BID") shall provide the City Clerk with a Certified
List, approved by the BID president and attested to by the BID secretary, of each
benefited property address within the District, and each property owner's mailing
address, In addition, the BID 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 the BID pursuant to Section 1 above,
3. The Office of the City Attorney shall draft the ballot question.
4. Upon the BID'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
effectuate the Election, including the Official Ballot
6. The mail package for each Official Ballot shall be as follows:
Envelope 1: Envelope 1, the outer envelope, shall be affixed with a mailing label
provided by the BID. 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
the property owner, and mailing address of the property owner shall
be affixed to Envelope 2.
Page 346 of 923
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 (1) 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 the BID notifies the City in writing
that the BID desires that the Official Ballots be sent via Fed Ex or any other delivery
service, at the BID's expense; in such event, the BID 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 the BID 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,
9. If the Office of the City Clerk receives two or more envelopes referencing the same
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 special mail ballot election shall consist of he
following individuals:
a. Rafael E. Granado, City Clerk
b. Raul J. Aguila, City Attorney
c, Nick E. Kallergis, Senior Assistant City Attorney
11,A "yes" vote of the owners of a simple majority (60% plus one) of the affected
properties is required to approve the proposed District,
'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 "noP to the creation of
the District,
2
Page 347 of 923
13, The City Clerk shall keep the BID president informed of all election-related activities,
and the BID 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.
The Canvassing Board will review any ballot lacking a clear ballot baliot 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,
F:NATTO\KALN\Washington Avenue\ELECTION Mashinpton Avenue BID Special Mall Baliot Election Procedures.doo
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on Avenue \EL