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Resolution 77-15417 RESOLUTION NO. 77-15417 A RESOLUTION CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 1, 1977 , FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH PROPOSED CHARTER CHANGES ; PROPOSED BOND ISSUE; AND INITIATIVE ORDINANCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That in accordance with the 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 o ' clock a.m. to 7 : 00 o' clock p.m. , on November 1, 1977, for the purpose of submitting proposed charter changes; proposed bond issue; and initiative ordinance, all as set forth hereinafter, for the approval or rejection by the electorate. SECTION 2 : That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, except for the canvassing of the returns of said Special Election, which duty shall be performed by the City Council. 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 on the night of said Special Election. The official certification of the results of said Special Election shall be made by the City Council of the City of Miami Beach. SECTION 3 : That the said voting precincts in the City for said Special Election shall be as established by the proper and appropriate Dade County election officials. All electors shall vote at the polling places in the voting precincts in which the official registration books show that the said electors reside. Registration of persons desiring to vote in said Special Election shall be in accordance with the general law of the State governing voter registration. SECTION 4 : That copies of the proposed amendments and questions in full shall be made available to the electors at the office of the City Clerk from 9 : 00 o ' clock a.m. to 5 : 00 o 'clock p.m. each day, Saturdays, Sundays and Holidays excepted, from October 1, 1977 up to and including November 1, 1977 . SECTION 5 : That not less than thirty (30) days ' notice of said Special Election shall be given by publication in the Miami Beach Sun Reporter, a newspaper published in the City of Miami Beach, Florida. Such publication shall be made at least once each week for four (4) consecutive weeks next preceding said Special Election. SECTION 6 : That the Notice of Election shall be substantially in the following form: "CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a Special Election has been called by the City Council of the City of Miami Beach, Florida, and will be held in said City from 7 : 00 o ' clock a.m. until 7 :00 o'clock p.m. , on the 1st day of November, 1977, at which time there shall be submitted to the duly registered and qualified voters of the City of Miami Beach the following questions : OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 QUESTION NO. 1: SHALL the Charter of the City of Miami Beach be amended so as to delete therefrom that provision therein passed and adopted by the electorate at a special election held on March 8, 1977 and which provides as follows: THE CITY OF MIAMI BEACH SHALL HAVE POWER TO ISSUE A SERIES OF MUNICIPAL BONDS IN EXCESS OF $250, 000. 00 AND MUNICIPAL BONDS THE PROCEEDS OF WHICH WILL FINANCE ANY PROJECT WHOSE TOTAL COST WILL BE IN EXCESS OF $250 , 000. 00 ONLY AFTER SUCH MUNICIPAL BONDS SHALL HAVE BEEN APPROVED BY A MAJORITY OF THE VOTES CAST IN AN ELECTION IN WHICH THE ELECTORS OF THE CITY OF MIAMI BEACH SHALL PARTICIPATE, SUCH ELECTION TO BE HELD IN THE MANNER PRESCRIBED BY ORDINANCE. THIS PROVISION SHALL APPLY TO BONDS ISSUED BY THE CITY OF MIAMI BEACH, ITS AGENCIES OR SUBDIVISIONS, INCLUDING MUNICIPAL AUTHORITIES. THIS SECTION SHALL ALSO APPLY WHETHER SUCH BONDS ARE TO BE PAYABLE FROM THE AD VALOREM TAX- ATION OF THE CITY OF MIAMI BEACH, THE GENERAL REVENUES OF THE CITY OF MIAMI BEACH, OR FROM THE REVENUES OF ANY PARTICULAR PROJECT? QUESTION NO. 2 : SHALL the Charter of the City of Miami Beach be amended so that all references to the City Council and Councilmen of the City of Miami Beach shall be deleted therefrom and that the City Council and Councilmen thereof shall henceforth be known as the City Commission of the City of Miami Beach, Florida, and City Commissioners? QUESTION NO. 3 : SHALL the City of Miami Beach issue negotiable coupon bonds in the amount of $1,700, 000 . 00 Excise Tax Bond, Series 1975, with interest at a rate to be hereafter determined, but not to exceed 7 1/2% per annum, in accordance with the terms and provisions of Resolution No. 76-14942 passed and adopted by the City Council of the City of Miami Beach, which Resolution is on file in the office of the City Clerk and which is entitled as follows : A RESOLUTION AMENDING RESOLUTION NO. 75-14825A SO AS TO PROVIDE FOR THE ISSUANCE OF $1, 700, 000 EXCISE TAX BONDS , SERIES 1975, AND TO LIMIT THE PURPOSES OF SAID ISSUE OF $1, 700 , 000 BONDS TO EXTENSIONS AND IMPROVEMENTS TO THE THEATER OF THE PERFORMING ARTS, AND TO PROVIDE FOR THE SALE, SECURITY AND PAYMENT OF SAID ISSUE OF $1, 700, 000 OF EXCISE TAX BONDS AND PROVIDING FOR THE PAYMENT THEREOF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS IN THAT CONNECTION? QUESTION NO. 4 : SHALL an Ordinance repealing Article IV, Chapter 41 of the Code of the City of Miami Beach, which imposes a tax on the sale of electricity, gas, fuel oil and telephone service, amending Section 45-20. 2 of the Code of the City of Miami Beach, which imposes a sanitary sewer service charge, amending Section 45-20 of the Code of the City of Miami Beach, which concerns the effective date of changes in the City' s water rates , amending Section 45-4 of the Code of the City of Miami Beach to reduce the City' s gar- bage collection fees and providing for an effective date contingent upon any contractual obligations of the City to levy such taxes or charge such fees be adopted in accordance with the provisions of Section 26 of the Charter of the City of Miami Beach?" - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Said Notice shall further set forth the several polling places in the election precincts as established in accordance herewith, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 7 : That the official ballot to be used in the Special Election to be held on November 1, 1977, hereby called, shall be in substantially the following form, to wit: "OFFICIAL BALLOT CITY OF MIAMI BEACH, FLORIDA SPECIAL ELECTION NOVEMBER 1, 1977 SHALL THE FOLLOWING QUESTIONS BE APPROVED OR REJECTED? QUESTION NO. 1 : SHALL the Charter of the City of Miami Beach be amended so as to delete therefrom that provision therein passed and adopted by the electorate at a special election held on March 8, 1977 and which provides as follows : THE CITY OF MIAMI BEACH SHALL HAVE POWER TO ISSUE A SERIES OF MUNICIPAL BONDS IN EXCESS OF $250, 000. 00 AND MUNICIPAL BONDS THE PROCEEDS OF WHICH WILL FINANCE ANY PROJECT WHOSE TOTAL COST WILL BE IN EXCESS OF $250 , 000. 00 ONLY AFTER SUCH MUNICIPAL BONDS SHALL HAVE BEEN APPROVED BY A MAJORITY OF THE VOTES CAST IN AN ELECTION IN WHICH THE ELECTORS OF THE CITY OF MIAMI BEACH SHALL PARTICIPATE, SUCH ELECTION TO BE HELD IN THE MANNER PRESCRIBED BY ORDINANCE. THIS PROVISION SHALL APPLY TO BONDS ISSUED BY THE CITY OF MIAMI BEACH, ITS AGENCIES OR SUBDIVISIONS, INCLUDING MUNICIPAL AUTHORITIES. THIS SECTION SHALL ALSO APPLY WHETHER SUCH BONDS ARE TO BE PAYABLE FROM THE AD VALOREM TAX- ATION OF THE CITY OF MIAMI BEACH, THE GENERAL REVENUES OF THE CITY OF MIAMI BEACH, OR FROM THE REVENUES OF ANY PARTICULAR PROJECT? MAKE A CROSS (X) AFTER YOUR CHOICE: FOR THE AMENDMENT AGAINST THE AMENDMENT QUESTION NO. 2 : SHALL the Charter of the City of Miami Beach be amended so that all references to the City Council and Councilmen of the City of Miami Beach shall be deleted therefrom and that the City Council and Councilmen thereof shall henceforth be known as the City Commission of the City of Miami Beach, Florida, and City Commissioners? MAKE A CROSS (X) AFTER YOUR CHOICE: FOR THE AMENDMENT AGAINST THE AMENDMENT - 3 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 QUESTION NO. 3 : SHALL the City of Miami Beach issue negotiable coupon bonds in the amount of $1, 700 , 000. 00 Excise Tax Bond, Series 1975, with interest at a rate to be hereafter determined, but not to exceed 7 1/2% per annum, in accordance with the terms and provisions of Resolution No. 76-14942 passed and adopted by the City Council of the City of Miami Beach, which Resolution is on file in the office of the City Clerk and which is entitled as follows : A RESOLUTION AMENDING RESOLUTION NO. 75-14825A SO AS TO PROVIDE FOR THE ISSUANCE OF $1, 700, 000 EXCISE TAX BONDS , SERIES 1975, AND TO LIMIT THE PURPOSES OF SAID ISSUE OF $1, 700 , 000 BONDS TO EXTENSIONS AND IMPROVEMENTS TO THE THEATER OF THE PERFORMING ARTS, AND TO PROVIDE FOR THE SALE, SECURITY AND PAYMENT OF SAID ISSUE OF $1, 700, 000 OF EXCISE TAX BONDS AND PROVIDING FOR THE PAYMENT THEREOF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS IN THAT CONNECTION? MAKE A CROSS (X) AFTER YOUR CHOICE: FOR THE RESOLUTION AGAINST THE RESOLUTION QUESTION NO. 4 : SHALL an Ordinance repealing Article IV, Chapter 41 of the Code of the City of Miami Beach, which imposes a tax on the sale of electricity, gas, fuel oil and telephone service, amending Section 45-20. 2 of the Code of the City of Miami Beach, which imposes a sanitary sewer service charge, amending Section 45-20 of the Code of the City of Miami Beach, which concerns the effective date of changes in the City' s water rates , amending Section 45-4 of the Code of the City of Miami Beach to reduce the City' s gar- bage collection fees and providing for an effective date contingent upon any contractual obligations of the City to levy such taxes or charge such fees be adopted in accordance with the provisions of Section 26 of the Charter of the City of Miami Beach?" MAKE A CROSS (X) AFTER YOUR CHOICE : FOR THE ORDINANCE AGAINST THE ORDINANCE " Said ballot and its preparation shall be such so as to be in com- pliance with the laws of the State of Florida with respect to the use of an electronic voting system. SECTION 8 : That 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 Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Dade County, Florida. - 4 OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 SECTION 10 : That this Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 17th day of August, 1977 . Mayor Attest: r Xi A 1- City Clerk - 5 - OFFICE OF THE CITY ATTORNEY -- 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 RESOLUTION NO. 77-15417 CALLING SPECIAL ELECTION ON NOVEMBER 1, 1977, FOR SUBMISSION OF 4 QUESTIONS TO THE ELECTORATE AMENDED BY RESOLUTION NO.77- 15471;10.19.77 S . .;s � . .� . .. 1 ,C K.w�.c j. -- �-. . _• .. .. •