2003-25290 ResoRESOLUTION NO. 2003-25290
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER
SECTION 6.03 SHOULD BE AMENDED TO REQUIRE THAT
CANDIDATES FOR ELECTED OFFICE IN THE CITY OF MIAMI BEACH
RESIDE IN THE CITY FOR AT LEAST ONE YEAR PRIOR TO
QUALIFYING FOR OFFICE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
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 4, 2003, 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 said
Special Election hereby called, with Miami-Dade County's certification of the results of said Special
Election being accepted 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 and results duly accepted by said appropriate Miami-Dade County Officials.
SECTION 3.
Said voting precincts in the City of said 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 in which the official registration books show that the said electors reside. A
list of the voting precincts and the polling places therein (subject to change by the Supervisor of
Elections of Miami-Dade County, in accordance with the laws of Florida) is attached hereto as
Exhibit A.
SECTION 4.
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. 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 Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box
012241, Miami, Florida 33101; Telephone: (305) 375-5553.
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made at least once each week for four consecutive weeks next preceding said Special
Election.
SECTION 6.
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 4TH DAY OF
NOVEMBER, 2003, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE
FOLLOWING QUESTION:
AMENDING CHARTER SECTION 6.03 TO PROVIDE FOR CANDIDATE'S
RESIDENCY REQUIRMENT
SHALL SECTION 6.03 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO
REQUIRE THAT CANDIDATES FOR ELECTED OFFICE IN THE CITY OF MIAMI
BEACH RESIDE IN THE CITY FOR AT LEAST ONE YEAR PRIOR TO
QUALIFYING FOR OFFICE?
YES
NO
SECTION 7.
The official ballot to be used in the Special Election to be held on November 4, 2003, hereby called,
shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 4, 2003.
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 4TH DAY OF NOVEMBER, 2003, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALWIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
AMENDING CHARTER SECTION 6.03 TO PROVIDE FOR CANDIDATE'S
RESIDENCY REQUIRMENT
SHALL SECTION 6.03 OF THE MIAMI BEACH CITY CHARTER BE
AMENDED TO REQUIRE THAT CANDIDATES FOR ELECTED OFFICE IN
THE CITY OF MIAMI BEACH RESIDE IN THE CITY FOR AT LEAST ONE
YEAR PRIOR TO QUALIFYING FOR OFFICE?
YES
NO
SECTION 8.
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 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 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of said ballot measure.
SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 30t:h day of/fulY~ , 2003.
ATTEST:
-~ CITY CLERK
JKO/ED
F:Xatto\OLl J~ELECTiON~RESO'~ResoCityChar ter3 .doe
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Proposed Amendment to City Charter Section 6.03 for November 4, 2003 Special Election:
Proposed Ballot Question
AMENDING CHARTER SECTION 6.03 TO PROVIDE FOR CANDIDATE'S
RESIDENCY REQUIRMENT
SHALL SECTION 6.03 OF THE MIAMI BEACH CITY CHARTER BE AMENDED
TO REQUIRE THAT CANDIDATES FOR ELECTED OFFICE IN THE CITY OF
MIAMI BEACH RESIDE IN THE CITY FOR AT LEAST ONE YEAR PRIOR TO
QUALIFYING FOR OFFICE?
YES
NO
Proposed Text
Sec. 6.03. Qualifying.
The City Commission shall cause to be placed on the ballot to be used in the general election the name
of any qualified elector of the City residing within the City at least one year before qualifying and who,
within the four (4) consecutive days immediately following the first Monday of September prior to said
general election, shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven
and one-half percent (7 1/2%) of the annual salary of the office to which he/she seeks election as a
qualifying fee and shall have been photographed and fingerprinted by the identification bureau of the
Police Department of the City, unless such person shall file with the City Clerk no later than the second
day for qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient
qualified and registered voters to constitute not less than two percent (2%) of this number of such voters
as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for
office, and shall have taken, signed and subscribed to an oath or affirmation in writing in which he/she
shall state (1) the title of the office for which he/she is a candidate; (2) that he/she is a qualified elector
of the City of Miami Beach, Florida and has resided in the City at least one year prior to qualifying via
petition; (3) his/her legal residence, by street and number; (4) that he/she is qualified under the
ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the
City of Miami Beach, Florida, to hold the office for which he/she is a candidate.
Such oath or affirmation shall be substantially in the following form:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, an officer authorized to administer oaths, personally appeared to me well known who, being
sworn, says that he/she is a candidate for the office of City Commissioner (Group No. (or
5
Mayor) for the City of Miami Beach, Florida; that he/she is a qualified elector of said City residing
within the City at least one year before qualifying for City of Miami Beach elected office; that his/her
legal residence is: _, Miami Beach, Dade County, Florida; that he/she is qualitied under the
ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of said
City to hold such office; and that he/she has paid the required qualification fee.
Signature of Candidate
Sworn to and subscribed before me this
day of A.D., 19
Authorized Officer
The City Commission shall, by ordinance, prescribe the manner of holding general and special elections
not inconsistent with the provisions hereof, and shall, by ordinance or resolution, prescribe polling
places in the various voting precincts in the City.
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: July 30, 2003
TO: Mayor David Dermer
Members of the City Commission
FROM: Murray H. Dubbin, x~
City Attorney
SUBJECT: Proposed Amendments to City Charter and Related Special Acts Charter
Review Board Proposals accepted in concept by City Commission
At its July 2, 2003 meeting, the Miami Beach City Commission approved in concept the
issues listed below, as proposed by the Charter Review Board for placement on a future City
ballot. The last date by which the Miami Beach City Commission can pass a Resolution placing
an issue on the November 4, 2003 ballot, amending the City Charter or Related Special Acts, is
September 5, 2003. Inasmuch as today's meeting of July 30, 2003 is the last regularly-scheduled
City Commission meeting prior to September 5, any issues the Commission wishes to place on
the November 4, 2003 ballot must be approved by thc City Commission today. Accordingly, the
resolutions needed to call a special election for November 4, 2003 have been drafted and are
attached hereto.
City Charter's Bill of Rights.
· Natural resources and scenic beauty - Add following language:
"It shall be the policy of the City of Miami Beach to conserve and
protect its natural resources and scenic beauty, which policy shall include
the abatement of air and water pollution and of excessive and
unnecessary noise".
II. City Charter.
A. Election reform
1) Amend section 2.01 to change runoff election date from one week
after the general election to two weeks after the general election.
Agenda Item J~
1700 Convention Center Drive -- Fourth Floor - Miami Beacl~ Date~
III.
Bo
2) Amend section 6.03 to require that candidates for elected office in the
City of Miami Beach reside in the City for at least one year prior to
qualifying for office.
Form of Government/Commission Powers-
Amend the following language in paragraph 3 of Charter section 2.03
entitled: "Powers of the City Commission":
"The Commission may also investigate the official acts and conduct of
any City official, and by similar investigations may secure information
upon any matter. In conducting such investigation, the Commission may
require the attendance of witnesses and the productions of books, papers
and other evidence.,
VOte?.,; ........ ~p
City Manager/Administrative Changes-
1) Amend Charter section 4.02 entitled: "City Manager", subsection (i)
"Functions and powers" as follows:
"...to negotiate all contracts and agreements in which the City is a party
subject to the approval of the Ci,~' AX.~:'r,.cy an~ City Commission."
2) Amend Charter Article V regarding "Budget and Finance" by adding
language that would require the Mayor and City Commission when
adopting legislation to consider the long term economic impact (at least 5
years).
Related Special Acts.
Zoning Board of Adjustment-
Amend Related Special Acts, section 2, regarding "Zoning Board of
Adjustment" by:
-deleting reference to two (2) non-voting ex-officio members, and instead
establishing two (2) members as regular, voting members appointed by
the City Commission;
-decreasing number of City Commission votes required for appointment of
Board members from 5/7 vote of Commission to 4/7 vote???**; and
-increasing number of Board votes required for action from 4/5 vote of
Board to 5/7 vote.
Article II "Public Library".* The Charter Review Board has adopted
administrative recommendations in proposing deletion of this Article as
unnecessary due to the City's existing subject interlocal agreement.
* Editors Note: The public library is operated pursuant to an interlocal
agreement which is on file in the city clerk's office.
** Subject to further discussion and vote by City Commission.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Sec. 3. Authority to acquire, maintain and operate.
The City of Miami Beach, in Dade County, Florida, is hereby authorized
and empowered to acquire, maintain and operate a public library or
libraries within the corporate limits of the City of Miami Beach; to
provide by ordinance of its city commission for the manner and method of
such operation, administration and financing of such public library or
libraries.
(Laws of Fla., 1949, ch. 26027, § 1; election of 11-1-83)
Sec. 4. Board of trustees.
Any ordinance passed and adopted hereunder by the said City of Miami
Beach, or on its behalf by its city commission, shall provide for a board of
trustees for the management and administration of such public library or
libraries, which board of trustees shall consist of members who shall be
appointed or removed by the city manager by and with the approval of the
city commission, in a manner and on such terms as may be established by
the ordinance. Said board of trustees shall have the power to adopt
bylaws, rules or regulations for the conduct of its own meetings or
business and for the regulation and control of the operation of such library
or libraries.
(Laws of Fla., 1949, ch. 26027, § 2; election of 11-1-83)
Sec. 5. Personnel subject to provisions of article IV hereof.
All personnel, except unclassified personnel, employed in the operation,
maintenance and administration of said public library or libraries shall be
subject to the provisions of Laws of Florida, 1937, ch. 18696 entitled:
"An act creating a civil service system for certain officers and employees
of the City of Miami Beach, Florida; creating a department of personnel,
defining its membership, powers and duties; designating the officers and
employees who are within the terms of said act; defining the certain terms
of said act; providing for appointments, promotions, suspension,
reductions and removal of officers and employees; providing for the status
of officers and employees holding positions when this act takes effect;
providing for referendum when said act shall take effect and other matters
relating thereto."
(Laws of Fla., 1949, ch. 26027, § 3; election of 11-1-83)
Sec. 6. Repeal of conflicting laws.
All laws and parts of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1949, ch. 26027, § 4; election of 1 i-1-83)
Article III "Municipal Proiects" *- The Charter Review Board has adopted
administrative recommendations in proposing that this Article be deleted
as it as redundant and unnecessary.
*Editors Note: Sections 3--16 of Laws of Fla., 1941, ch. 21401, regarding
the issuing and servicing of bonds for the projects authorized in the areas
within and beyond the city limits have been editorially deleted as any
provision which has not been amended by referendum after July 1, 1973,
and which is not an extraterritorial power may be editorially deleted as
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
unnecessary as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166 and the authority and procedure for issuance
of bonds is contained in state law.
State Law References: Municipal borrowing authority, F.S. § 166.101 et
seq.; bonds, F.S. §§ 130.01 et seq., 132.01 et seq., 159.01 et seq.,
163.385,215.43,215.431,215.84, 218.37--218.385; bond validation, F.S.
ch. 75; maximum rate of interest, F.S. § 215.84.
Sec. 7. Enumeration of projects; definitions.
For the purpose of this Act the term "municipal project" shall cover only
any one or more or any combination of the following: abattoirs, airports,
auditoriums, bridges, tunnels, buildings, hospitals, viaducts, city and town
halls, community houses, sanitaria, dispensaries, jails, ice plants, pre-
cooling and cold-storage plants, warehouses, waterworks systems,
including new water lines, dredging and deepening harbors and channels,
jetties, breakwaters, public landings, wharves, docks, and other
improvements for harbors and shipping facilities, markets, memorials,
automobile parking lots, parks, including recreational facilities,
playgrounds, recreation centers, bathing beaches with necessary
improvements, structures, buildings, piers, public buildings and plazas,
reservoirs, schools, sewers, sewage or drainage systems and sewage
disposal or treatment plants, stadiums, streets, roads, avenues, alleys and
highways, sidewalks and curbs, gutters and stormwater sewers or drains,
harbor and port facilities, toll bridges or causeways, swimming pools, as
defined in this section; and all property, real and personal, appurtenant
thereto or connected with such work, undertaking or project, and the
existing work, undertaking or project, if any, to which such work,
undertaking or project is an extension, addition, betterment or
improvement.
(a) The term "to construct" shall mean to build, to construct, to
reconstruct, to erect, to replace, to extend, to repair, to better, to equip,
to develop, to embellish, to improve, to acquire by gift, purchase or
the exercise of the fight of eminent domain, or any one or more or all
of the foregoing.
(b) The term "construction" shall mean building, construction,
reconstruction, erection, replacement, extension, repairing,
betterment, equipment, development, embellishment, improvements,
acquisition, by gift, purchase, or the exercise of the right of eminent
domain, or any one or more or all of the foregoing.
(Laws of Fla., 1941, ch. 21401, § 1)
Sec. 8. Powers generally of city.
The City of Miami Beach shall have power and is hereby authorized:
(a) To construct any municipal project, as defined in section 1 [§ 7]
hereof, within or without the municipality, or partially within and
partially without the municipality.
(b) To operate and maintain any municipal project for public and private
users and consumers within and without the municipality.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(c) To issue bonds as provided in this Act to finance such construction,
and to provide for the rights of the holders of the bonds and to secure
the bonds all as hereinafter provided.
(d) To enter into a trust agreement with any bank or trust company within
or outside the state, in connection with the construction of a project
and in order to secure bonds payable exclusively from revenues which
are issued in connection therewith.
(e) To fix, levy and collect fees, rents, tolls, or other charges for the use
of or in connection with any municipal project, and in the event any
trust agreement with holders of bonds shall be made as hereinafter
provided, to fix, levy and collect such fees, rents, tolls and other
charges in accordance with such agreements and subject thereto.
(f) To acquire by purchase, gift or the exercise of the right of eminent
domain and to hold and dispose of any property, real or personal,
tangible or intangible, or any right or interest in any such property, in
connection with any municipal project, whether or not subject to
mortgages, liens, charges or other encumbrances, and to construct any
municipal project subject thereto, and whether within or without the
municipality, or partially within and partially without the
municipality.
(g) To enter on any lands, waters and premises for the purpose of making
surveys, soundings and examinations in or for the furtherance of any
municipal project.
(h) To perform any acts authorized under this law through or by means of
its own officers, agents, and employees, or by contracts with private
corporations, firms or individuals.
(i) To award any contract for the construction of any municipal project
or any part thereof upon any day at least fifteen days after one
publication of a notice requesting bids upon such contract in a
newspaper of general circulation in the municipality.
(j) To do all acts and things necessary or convenient to carry out the
powers expressly given in this law.
(Laws of Fla., 1941, ch. 21401, § 2)
F:~atto~OLIJXRES-ORDXMEMOSXProposed Amend City Charter.doc
OFFICE OF THE CiTY ATTORNEY ' 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139