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Resolution 2018-30439 RESOLUTION NO. 2018-30439 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION ASKING WHETHER, IF VOTERS APPROVE CITY'S CONVENTION CENTER HOTEL LEASE WITH MB MIXED USE INVESTMENT, LLC, CITY SHALL ADOPT AN ORDINANCE DEDICATING THE HOTEL'S GUARANTEED RENT PAYMENTS RECEIVED BY THE CITY, TO ENHANCE FUNDING, IN EQUAL PORTIONS ANNUALLY, FOR: STORMWATER PROJECTS (IN LIEU OF RATE INCREASES), TRAFFIC REDUCTION MEASURES, AND EDUCATION, WITH ANY AMENDMENT OF SUCH ORDINANCE SUBJECT TO SUPERMAJORITY (5/7THS) CITY COMMISSION APPROVAL. WHEREAS, following a duly noticed first reading/public hearing on July 17, 2018, and a duly noticed second reading/public hearing on July 25, 2018, the Mayor and City Commission of the City of Miami Beach, Florida adopted Resolution No. 2018-30425, approving a Development and Ground Lease Agreement with MB Mixed Use Investment, LLC for the development of an 800 room convention hotel and related facilities (the "Hotel"), on an approximately 2.6-acre site on the northeast corner of 17th Street and Convention Center Drive, bounded roughly by the Miami Beach Convention Center to the North, 17th Street to the South, The Fillmore Miami Beach at the Jackie Gleason Theater to the East and Convention Center Drive to the West; and WHEREAS, pursuant to Section 1.03(b)(3) of the City Charter, the Lease is contingent upon and requires approval by vote of at least sixty(60) sixty percent of the voters voting thereon in a City-wide referendum; and WHEREAS, the City Commission desires to schedule a vote of the electorate for Tuesday, November 6, 2018, in order for the residents of Miami Beach to vote on whether the City should adopt an ordinance dedicating the rent payments received by the City pursuant to the Lease as set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AS FOLLOWS: 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 6, 2018, 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 Special Election hereby called, with acceptance of the certification of the results of the 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 voting precincts in the City of this 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 as determined by the Miami-Dade County election officials.' SECTION 4. Not fewer than thirty days' notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. 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 NOVEMBER 6, 2018, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: ' Pursuant to City Code Section 38-3(b), "[t)he City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statutes § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." 2 Referendum Re: Use of Rent Payments Received By City from Convention Center Hotel Lease If voters approve City's Convention Center Hotel lease with MB Mixed Use Investment, LLC, shall the City adopt an ordinance dedicating the Hotel's guaranteed rent payments received by the City, to enhance funding, in equal portions annually, for: • stormwater projects (in lieu of rate increases), • traffic reduction measures, and • education, with any amendment of such ordinance subject to supermajority (5/7ths) City Commission approval? YES NO The Notice shall further set forth pertinent information regarding eligibility of electors to participate in this Election. SECTION 6. That the official ballot to be used in the Special Election to be held on November 6, 2018, hereby called, shall be in substantially the following form, to wit: OFFICIAL BALLOT Referendum Re: Use of Rent Payments Received By City from Convention Center Hotel Lease If voters approve City's Convention Center Hotel lease with MB Mixed Use Investment, LLC, shall the City adopt an ordinance dedicating the Hotels guaranteed rent payments received by the City, to enhance funding, in equal portions annually, for: • stormwater projects (in lieu of rate increases), • traffic reduction measures, and • education, with any amendment of such ordinance subject to supermajority (5/7ths) City Commission approval? YES NO 3 SECTION 7. • The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. 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. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 9, 2018. All persons eligible to vote in this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. 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 Department. All questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Miami, Florida 33172;Telephone: (305)499- VOTE (8683). SECTION 9. That voters participating via a Vote-by-Mail ballot in this 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 such voting. SECTION 10. 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 11. If any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect the validity of the remaining portions of the ballot measure. SECTION 12. 4 This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 025 day of , 2018. ATTEST: CI . n Gelber '.� Mayor AVF. t LL14- Rafael E. Granado City Clerk (Sponsored by Commissioner Steinberg) ....BF,9 " a ^ AsS TO c ' ° UAG�� '.. f GAGE p„ I CLITION * INCORP'ORAT • .m 7Das 18 ...\44NMW,P 5 Resolutions - R7 V MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: July 25, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION ASKING WHETHER, IF VOTERS APPROVE CITY'S CONVENTION HOTEL LEASE WITH MB MIXED USE INVESTMENT, LLC, CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL HOTEL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE FUNDING (NOT REPLACE OR SUBSTITUTE FOR CURRENT CITY FUNDING), IN EQUAL PORTIONS ANNUALLY, FOR: PRE-K THROUGH 12 EDUCATION, TRAFFIC REDUCTION MEASURES, AND STORM WATER PROJECTS (IN LIEU OF RATE INCREASES), WITH ANY AMENDMENT OF SUCH ORDINANCE SUBJECT TO VOTER REFERENDUM APPROVAL. Legislative Tracking Office of the City Attorney Sponsor Commissioner Micky Steinberg ATTACHMENTS: Description ❑ Commission Mena ❑ Resolution Page 1196 of 1464 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wuva.miamibeachg_gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Raul J. Aguila, City Attorneyy,,ayt DATE: July 25, 2018 " D SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER, IF VOTERS APPROVE CITY'S CONVENTION CENTER HOTEL LEASE, CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE FUNDING (NOT REPLACE OR SUBSTITUTE FOR CURRENT CITY FUNDING), IN EQUAL PORTIONS ANNUALLY, FOR: PRE-K THROUGH 12 EDUCATION, TRAFFIC REDUCTION MEASURES, AND STORMWATER PROJECTS (IN LIEU OF RATE INCREASES), WITH ANY AMENDMENT OF SUCH ORDINANCE SUBJECT TO VOTER REFERENDUM APPROVAL. The attached Resolution has been prepared at the request of Commissioner Steinberg. The attached Resolution calls for a special election to be held on November 6, 2018 for the purpose of submitting to the City's voter's the following question: Referendum Re: Use of Rent Payments Received By City from Convention Center Hotel Lease If voters approve City's Convention Center Hotel lease with MB Mixed Use Investment, LLC, shall City adopt an ordinance dedicating all Hotel rent payments received by City to enhance funding (not replace or substitute for current City funding), in equal portions annually, for: • pre-k through 12 education, • traffic reduction measures, and • stormwater projects (in lieu of rate increases), with any amendment of such ordinance subject to voter referendum approval? Page 1197 of 1464 Commission Memo July 25, 2018 Page 2 Two companion agenda items shall be considered at the July 25, 2018 City Commission meeting, namely (1) a Resolution to approve the proposed Development and Ground Lease Agreement ("Lease") for a Convention Hotel adjacent to the Miami Beach Convention Center, and (2) a Resolution calling for a special election for the purpose of submitting to the voters a question regarding approval of the Lease in accordance with Section 1.03(b)(3) of the City Charter. Pursuant to directive of the Miami-Dade County Elections Department, the final date by which the City may adopt its Resolution placing a ballot measure on the November 6, 2018 ballot is August 7, 2018. Accordingly, this matter is timely presented to the City Commission and adoption of the attached Resolution may take place at today's meeting. RJA/rap 2 Page 1198 of 1464