RESOLUTION 93-20834 e -
RESOLUTION NO. 93-20834
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 2, 1993 FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH
AN AMENDMENT TO THE MIAMI BEACH CITY CHARTER
PROVIDING FOR CITY COMMISSION APPOINTMENT AND
REMOVAL OF THE INDEPENDENT CITY AUDITOR WITH
DUTIES, METHOD OF SELECTION AND METHOD OF
COMPENSATION OF THE INDEPENDENT CITY AUDITOR
TO BE ESTABLISHED BY ORDINANCE.
BE IT 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 2 , 1993 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 Special Election hereby called, with 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 Dade County
Officials.
SECTION 3 .
Said voting precincts in the City of said Special Election
shall be as established by the proper and appropriate 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 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
register to vote at the City registration office located in the
lobby of City Hall, 1700 Convention Center Drive, Miami Beach,
Florida 33139 , each and every Wednesday until October 4, 1993 ,
between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other
voter registration centers and during such times as may be provided
by the Supervisor of Elections of Dade County. All questions
concerning voter registration should be directed to the 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.
Copies of the proposed amendment shall be made available to
the electors at the office of the City Clerk from 9 : 00 a.m. to 5: 00
p.m. each day, Saturdays, Sundays, and holidays excepted, not later
than thirty days prior to the date of said election.
SECTION 6.
Not less than thirty days ' notice of said Special Election
shall be given by publication in a newspaper of general circulation
in Miami Beach, Dade County, Florida. Such publication shall be
made at least once each week for four consecutive weeks next
preceding said Special Election.
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 2ND DAY OF NOVEMBER,
1993 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
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CITY COMMISSION APPOINTMENT OF INDEPENDENT
CITY AUDITOR.
Shall the Miami Beach City Charter be amended
to provide the City Commission with the power
to appoint and remove the independent City
Auditor with duties, method of selection and
method of compensation of the independent City
Auditor to be established by ordinance?
YES
NO
SECTION 8 .
The official ballot to be used in the Special Election to be
held on November 2 , 1993 , hereby called, shall be in substantially
the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 2 , 1993
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 2ND DAY OF NOVEMBER,
1993 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
CITY COMMISSION APPOINTMENT OF INDEPENDENT
CITY AUDITOR.
Shall the Miami Beach City Charter be amended
to provide the City Commission with the power
to appoint and remove the independent City
Auditor with duties, method of selection and
method of compensation of the independent City
Auditor to be established by ordinance?
YES
NO
SECTION 9 .
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 10.
That the City of Miami Beach shall pay all expenses for
conducting this Special Election and will pay to Dade County or
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directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Dade County,
Florida.
SECTION 11.
This resolution shall be effective immediately upon its
passage.
PASSED and ADOPTED this 14th day of 4 July , 1993 .
0141
/JAYOR
ATTEST:
i( L.,, - r 3RM APPROVED
CITY CLERK
LEGAL DEPT.
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By
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LIST OF POLLING PLACES
—CITY or- Mir r MACH.
PCT. LOCATION ADDRESS
***************e***************************************** ****4eee+i4***
011 BISCAYNE ELEMENTARY Boo - 77 ST
013 NORTH SHORE RECREATION CENTER 501 - 72 ST
014 -NORTH SHORE RECREATION CENTER 5 01 - 72 ST
015 FAIRWAY PARK 200 FAIRWAY DR
018 NORMANDY SHORES GOLF COURSE 2401 BIARRITZ DR
019 NORMANDY IBLB MUNICIPAL POOL 1765 - 71 ST
021 NORTH SHORE RECREATION CENTER 501 - 72 ST
022 CASABLANCA HOTEL 6345 COLLINS AVE
023 MIAMI BEACH FIRE STATION #3 5303 COLLINS AvE
024 NAUTILUS MIDDLE SCHOOL 4301 NORTH MICHIGAN AVE
025 MIAMI BEACH FIRE STATION #3 5303 COLLINS AVE
027 OCEAN GRANDE HOTEL 3651 COLLINS AVE
028 NORTH BEACH ELEMENTARY SCHOOL 4100 PRAIRIE AVE
029 TEMPLE BETH SNOT QOM 4144 CHASE AVE
030 BAYSHORE GOLF COURSE 2301 ALTON RD
031 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DR
032 MiA.M1 H ACH PUBLIC LIBRARY - AUDIT 21.00 COLLINS AVE
033 BARCLAY PLAZA HOTEL & APARTMENT 1940 PARK AVE
034 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DRIVE
0
035 21st STREET COMMUNITY CENTER 2100 WASHINGTON AVE
036 MIAMI BEACH POLICE ATHLETIC LEAGUE 999 - 11 ST
037 MORTON TOWERS APARTMENTS 1500 BAY RD
038 MIAMI BEACH ROD & REEL CLUB 208 SOUTH HIBISCUS DR
039 FLAMI 1GO PARK TEEN CENTER loon - 12 ST
040 ST FRANCIS DE SALES CHURCH 621 ALTON RD
041 MIAMI BEACH FIRE STATION #1 1051 JEFFERSON AVE
042 MIAMI BEACH SENIOR CENTER 610 ESPANOLA WAY
043 LA FLORA HOTEL 1238 COLLINS AVE
044 OCEAN FRONT AUDITORIUM 1001 OCEAN DR
045 SOUTH SHORE COMMUNITY CTR 833 - 6 ST
046 SOUTH SHORE COMMUN I TY CTR 833 - 6 ST
048 SOUTH POINTE PARK 1 WASHINGTON AVE
EXHIBIT "A"
06/22/93 CJ
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OFFICE OF THE CITY ATTORNEY
64 erHiAmi, Weach
F L O R I D A
,♦t mcotr TLD*.
LAURENCE FEINGOLD ';.� P O BOX O
CITY ATTORNEY
� ,426 .= MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
COMMISSION MEMORANDUM NO: e;?_ 93 TELECOPY (305)673-7002
TO: MAYOR SEYMOUR GELBER DATE: JULY 14 , 1993
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
SUBJECT: NEW PROPOSED CITY OF MIAMI BEACH CHARTER - PUBLIC HEARING
Pursuant to the City Commission's directive of June 30,
1993 , a Public Hearing before the Miami Beach City Commission has
been scheduled for July 14, 1993 concerning the new proposed City
of Miami Beach Charter. (A copy of the Charter is attached
hereto) . Once the public hearing is closed, the City Commission
must then vote on whether to present the issue of a new proposed
City Charter to the voters. Accordingly, resolutions calling for
a November 2 , 1993 Special Election are also attached hereto
concerning the following ballot questions:
- Shall the existing Miami Beach City Charter be
repealed and replaced by a new revised Charter
incorporating a Citizens' Bill of Rights and
reflecting the grant of municipal powers
established in Florida's 1968 Constitution as
amended and the 1973 Municipal Home Rule
Powers Act (Chapter 166, Florida Statutes) ,
while retaining provisions governing
"Corporate Existence, Form of Government,
Boundary and Power" , "City Commission", "City
Attorney" , "City Manager and Administrative
Organization" , "Budget/Finance" , "Elections",
and "Initiative/Referendum"?
- Shall the Miami Beach City Charter be amended
to grant the City Commission power, upon a
5/7ths vote of said Commission, to issue
subpoenas for the purpose of conducting
internal City investigations?
* * *
- Skall provisions governing the City of Miami
Beach Health Advisory Board be deleted from
the Miami Beach City Charter and incorporated
into the Miami Beach City Code?
* * *
- Shall the Miami Beach City Charter be amended
to provide that vacancies in the ,City
Commission be filled by Commission vote with
appointee serving remainder of unexpired term
until next general City election, at which
time any further remainder of unexpired term
AGENDA 19
ITEM R _
•70G CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BE
DATE - I
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
JULY 14, 1993
PAGE 2
shall be filled by a Commissioner elected at
said general election; retaining provision
calling for special election to fill vacancy
in the event said vacancy is not filled by the
City Commission?
If a majority of the electors voting at the November 2,
1993 referendum vote in favor of the newproposed Charter, the City
Commission shall file the new Charter with the Department of State
and the Charter shall become effective as provided therein or by
law. Conversely, in the event that the City's electorate fails to
approve by majority vote the new proposed Charter, the existing
Charter provisions shall remain as its provisions existed prior to
the November 2, 1993 election date -- electorate disapproval of the
new proposed Charter shall not constitute a ratification or
readoption of existing Charter provisions.
Additional language to the new proposed Charter has been
suggested by a member of the City Commission, concerning the
following:
An independent City Auditor may be appointed as
deemed necessary by the City Commission; both
appointment and removal of the independent City
Auditor shall be made by the City Commission.
Duties of the independent City Auditor shall be
established by ordinance. (amendment to Article V
"Budget and Finance" of new proposed City Charter,
proposed by Commissioner Neisen Kasdin)
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(a:\jomisc\chart714.cm)
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07/15/93 2:06pm CITY OF MIAMI BEACH CHARTER
Art. I. Corporate Existence, Form of Government,
Boundary and Power, §§1. 01 - 1. 04
Art. II. City Commission, §§2. 01 - 2.08
Art. III. City Attorney, §§3.01
Art. IV. City Manager and Administrative
Organization, §§4. 01 - 4.02
Art. V. Budget and Finance, §§5.01 - 5. 03
Art. VI. Elections, §§6. 01 - 6.04
Art. VII. Initiative and Referendum, §§7 . 01 - 7 .06
Art. VIII. Schedule, Miscellaneous §§8. 01 - 8.08
Charter Appendix A. Municipal Boundary
PREAMBLE
We, the people of the City of Miami Beach, in order to secure
for ourselves the benefits and responsibilities of home rule and in
order to provide for a municipal government to serve our present
and future needs, do hereby adopt this Charter and as part thereof
adopt the following Citizens ' Bill of Rights.
CITIZENS, BILL OF RIGHTS
(A) This government has been created to protect the governed,
not the governing. In order to provide the public with full and
accurate information, to promote efficient administrative
management, to make government more accountable, and to insure to
all persons fair and equitable treatment, the following rights are
guaranteed:
1. Convenient access. Every person has the right to
transact business with the City with a minimum of
personal inconvenience. It shall be the duty of the City
Manager and the City Commission to provide, within the
City ' s budget limitations, reasonably convenient times
and places for required inspections, and for transacting
business with the City.
2 . Truth in government. No municipal official or employee
shall knowingly furnish false information on any public
matter, nor knowingly omit significant facts when giving
requested information to members of the public.
3 . Public records. All audits, reports, minutes, documents
and other public records of the City and its boards,
agencies, departments and authorities shall be open for
inspection at reasonable time and places convenient to
the public.
4 . Minutes and ordinance register. The City Clerk shall
maintain and make available for public inspection an
ordinance register separate from the minutes showing the
votes of each member on all ordinances and resolutions
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listed by descriptive title. Written minutes of all
meetings and the ordinance register shall be available
for public inspection not later than thirty (30) days
after the conclusion of the meeting.
5. Right to be heard. So far as the orderly conduct of
public business permits, any interested person has the
right to appear before the City Commission or any City
agency, board or department for the presentation,
adjustment or determination of an issue, request or
controversy within the jurisdiction of the City. Matters
shall be scheduled for the convenience of the public, and
the agenda shall be divided into approximate time periods
so that the public may knowapproximately when a matter
will be heard. Nothing herein shall prohibit the City or
any agency thereof from imposing reasonable time limits
for the presentation of a matter.
6. Right to notice. Persons entitled to notice of a City
hearing shall be timely informed as to the time, place
and nature of the hearing and the legal authority
pursuant to which the hearing is to be held. Failure by
an individual to receive such notice shall not constitute
mandatory grounds for canceling the hearing or rendering
invalid any determination made at such hearing. Copies
of proposed ordinances or resolutions shall be made
available at a reasonable time prior to the hearing,
unless the matter involves an emergency ordinance or
resolution.
7 . No unreasonable postponements. No matter once having
been placed on a formal agenda by the City shall be
postponed to another day except for good cause shown in
the opinion of the City Commission, or agency conducting
such meeting, and then only on condition that any person
so requesting is mailed adequate notice of the new date
of any postponed meeting. Failure by an individual to
receive such notice shall not constitute mandatory
grounds for canceling the hearing or rendering invalid
any determination made at such hearing.
8 . Right to public hearing. Upon a timely request of any
interested party a public hearing shall be held by any
City agency, board, department or authority upon any
significant policy decision to be issued by it which is
not subject to subsequent administrative or legislative
review and hearing. This provision shall not apply to
the law department of the City nor to any body whose
duties and responsibilities are solely advisory.
At any zoning or other hearing in which review is
exclusively by certiorari, a party or his counsel shall
be entitled to present his case or defense by oral or
documentary evidence, to submit rebuttal evidence, and to
conduct such cross-examination as may be required for a
2
full and true disclosure of the facts. The decision of
any such agency, board, department or authority must be
based upon the facts in the record. Procedural rules
establishing reasonable time and other limitations may be
promulgated and amended from time to time.
9 . Notice of action and reasons. Prompt notice shall be
given of the denial in whole or in part of a request of
an interested person made in connection with any
municipal administrative decision or proceeding when the
decision is reserved at the conclusion of the hearing.
The notice shall be accompanied by a statement of the
grounds for denial .
10. Managers ' and attorneys ' reports. The City Manager and
City Attorney shall periodically make a public status
report on all major matters pending or concluded within
their respective jurisdictions.
11. Budgeting. In addition, to any budget required by state
statute, the City Manager shall prepare a budget showing
the cost of each department for each budget year. Prior
to the City Commission's first public hearing on the
proposed budget required by state law, the City Manager
shall make public a budget summary setting forth the
proposed cost of each individual program and reflecting
the personnel for each program, the purposes therefor,
the estimated millage cost of each program and the amount
of any contingency and carry-over funds for each program.
12 . Quarterly budget comparisons. The City Manager shall
make public a quarterly report showing the actual
expenditures during the quarter just ended against one
quarter of the proposed annual expenditures set forth in
the budget. Such report shall also reflect the same
cumulative information for whatever portion of the fiscal
year that has elapsed.
13 . Adequate audits. An annual audit of the City shall be
made by an independent certified public accounting firm
in accordance with generally accepted auditing standards.
The independent City Auditor shall be appointed by the
City Commission; both appointment and removal of the
independent City Auditor shall be made by the City
Commission. A summary of the results of the independent
City Auditor' s annual audit, including any deficiencies
found, shall be made public. In making such audit,
proprietary functions shall be audited separately and
adequate depreciation on proprietary facilities shall be
accrued so the public may determine the amount of any
direct or indirect subsidy. Duties, method of selection,
and method of compensation of the independent City
Auditor shall be established by ordinance.
14 . Representation of public. The City Commission shall
3
endeavor to provide representation at all proceedings
significantly affecting the City and its residents before
state and federal regulatory bodies.
(B) The foregoing enumeration of citizens ' rights vests large
and pervasive powers in the citizenry of the City of Miami Beach.
Suchpower necessarily carries with it responsibility of equal
magnitude for the successful operation of government in the City.
The orderly, efficient and fair operation of government requires
the intelligent participation of individual citizens exercising
their rights with dignity and restraint so as to avoid any sweeping
acceleration in the cost of government because of the exercise of
individual prerogatives, and for individual citizens to grant
respect for the dignity of public office.
(C) Remedies for violations. In any suit by a citizen
alleging a violation of this Bill of Rights filed in the Dade
County Circuit Court pursuant to its general equity jurisdiction,
the plaintiff, if successful , shall be entitled to recover costs as
fixed by the court. Any public official or employee who is found
by the court to have willfully violated this article shall
forthwith forfeit his office or employment.
(D) Construction. All provisions of this article shall be
construed to be supplementary to and not in conflict with the
general laws of Florida. If any part of this article shall be
declared invalid, it shall not affect the validity of the remaining
provisions .
ARTICLE I. CORPORATE EXISTENCE,
FORM OF GOVERNMENT, BOUNDARY AND POWER
Sec. 1.01. Corporate existence; form of government; Charter.
The City of Miami Beach (hereafter "City") in Dade County,
Florida, which was created by the Florida Legislature, shall
continue as a municipal corporation with a Commission-City Manager
form of government as provided herein and with this document as the
Charter for the City.
Sec. 1. 02 . Description of corporate boundary.
The area described in Appendix A of this Charter shall
constitute the corporate boundary of the City of Miami Beach.
Sec. 1.03 . Powers of City.
(a) General .
The City shall have all governmental , corporate, and
proprietary powers to enable it to conduct municipal government,
perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes except as expressly
prohibited by law or this Charter.
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(b) Alienability of Property.
The only limitation concerning alienability of City-owned
property is the restriction of the sale, exchange, conveyance or
lease of five (5) years or longer (including option periods) of
park, recreation, or waterfront
property in the City of Miami Beach
while it is being used for such public purpose, unless such sale,
exchange, conveyance or lease is approved by a majority vote of the
voters in a City-wide referendum. This provision shall be
liberally construed in favor of the preservation of allark
recreation, and waterfront lands. This p
provision shall not be
construed to apply to any valid written contractual commitments or
bids or bonded indebtedness which commitments, bids or indebtedness
existed prior to November 4 , 1992 . Further, this provision shall
not apply to any City-owned educational facility or library
property, any parking facility not located on park, recreation, or
waterfront property or to any utility or access easements or- right-
of-ways, or to that triangular parcel of City-owned y owned property known
as Parcel 2 of South Pointe Park located within the Miami Beach
Redevelopment Area, said parcel generally described as being 138 . 87
feet fronting on Biscayne Street with a northerly boundary of
265 . 43 feet adjacent to Block 8 of South Pointe Development
Company, and a southeasterly boundary of 226. 20 feet adjacent to
Cook Inlet Region property.
Sec. 1. 04 . Construction.
The powers of the City shall be construed liberally in favor
of the City, limited only by the United States and Florida
Constitutions, general and special law, and specific limitations in
this Charter.
The term "City Commission" includes the Mayor and the six (6)
City Commissioners.
ARTICLE II. CITY COMMISSION
Sec. 2 . 01. Number and selection.
The City Commission shall consist of six (6) City
Commissioners and a Mayor who shall be elected at large. Each City
Commissioner shall be a qualified elector of the City. City
Commissioners shall be elected for groups numbered and designated
I - VI . No candidates for the office of Commissioner shall be
permitted to qualify for more than one (1) group, or for the office
of Mayor.
Commissioners in groups numbered I , II and III shall be
elected at the general election to be held on the first Tuesday in
November, 1997 and at each general election each four (4) years
thereafter. Commissioners in groups numbered IV, V, and VI shall
be elected at the general election to be held on the first Tuesday
in November, 1995 and at each general election each four (4) years
thereafter. The Mayor shall be elected at the general election to
be held on the first Tuesday in November, 1995 and at each general
5
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election each two (2) years thereafter.
A candidate must receive a majority of the votes cast to be
deemed elected. If no candidate receives a majorityof the votes
cast, there will be a runoff election
between the two candidates in
each group receiving the highest number of votes; should a tie
result, the outcome shall be determined by lot. This runoff
election shall occur one week from the date of general election.
In the event that no candidate has qualified in any group, or
for Mayor, a vacancy shall be deemed to have occurred, and shall be
filled as provided by the Charter of the City of Miami Beach for
the filling of a vacancy.
Sec. 2.02 . Term and Compensation.
The term of office of the Mayor shall be two (2) years. The
term of office of the City Commissioners shall be four (4) years.
The annual compensation for the Office of Commissioner shall
be six thousand dollars ($6, 000. 00) and the compensation for the
Office ofMayor shall be ten thousand dollars ($10, 000 . 00) ; any
in
increase salary for Mayor and/or Commissioner shall require
approval of a majority of the electorate voting at a City election.
Sec. 2 . 03. Powers of the City Commission.
All powers of the City shall be vested in the City Commission
except those powers specifically given to the Mayor, the City
Manager, and to the City Attorney, as provided in this Charter and
except those powers specifically reserved in this Charter to the
electors of the City. Moreover, the City Commission shall have all
powers and privileges not inconsistent herewith, granted to the
City Commission of cities and towns by the general laws of the
State of Florida, and shall have power to do and perform all things
necessaryfor the government of the City not inconsistent with the
Constitution of the State of Florida, the Constitution and laws of
the United States, and the terms and provisions of this Charter.
The City Commission shall appoint a City Manager and a City
Attorney; the City Commission shall have power to remove the City
Manager and/or City Attorney at any time by a majority vote of the
Commission, or, in the event of an employment agreement between the
parties removal shall occur pursuant to the terms of said
agreement.
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
investigations, the Commission may require the attendance of
witnesses and the production of books, papers and other evidence,
and for that purpose may upon a five-sevenths (5/7) vote, issue
subpoenas which shall be signed by the Mayor.
The independent City Auditor shall be appointed by the City
6
Commission; both appointment and removal of the independent City
Auditor shall be made by the City Commission. Duties, method of
selection and method of compensation of the independent City
Auditor shall be established by ordinance.
Sec. 2 .04 . Induction and meetings.
The City Commission shall, at its first meeting after each
general election, which shall be within three (3) days after the
general election (or within thirty (3 0) days after the runoff
election, if a runoff election is held) elect from its membership
a Vice-Mayor who during the absence or disability of the Mayor,
shall perform the duties of Mayor. In the absence or disability of
both the Mayor and Vice-Mayor, the said duty shall be performed by
another member appointed by the Commission.
The City Commission shall meet at such times as may be
prescribed by ordinance or resolution. The Mayor, or the City
Manager, may call special meetings of the Commission upon at least
twenty-four (24) hours written notice to each member, served
personally, orleft at his usual place of abode; provided, however,
that the requirement of such written notice may be waived at a
special meeting by the unanimous vote of the Commission.
No member of the City Commission shall, during the time for
which he/she was elected, be appointed or elected to any City
office that has been created or the emoluments thereof shall have
been increased during such time.
Sec. 2 . 05. Procedures for Passing Ordinances Generally.
The City Commission shall have the power to make, establish
and ordain for the government of the City of Miami Beach and the
officers of said City, ordinances in writing not inconsistent with
this Charter, the Constitution and laws of the State of Florida and
of the United States, as it may deem necessary provided a majority
of the City Commission shall consent thereto.
Each ordinance shall be introduced in writing and shall
embrace one subject and matters properly connected therewith. The
subject shall be clearly stated in the-title. The enacting clause
shall be "BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION. . . " . No
ordinance shall be revised or amended by reference to its title
only. Ordinances to revise or amend shall set out in full the
revised or amended act or section or subsection or paragraph of a
section or subsection. A proposed ordinance may be read by title,
or in full , on at least two (2) separate dates and shall , at least
ten (10) days prior to adoption, be noticed once in a newspaper of
general circulation in the municipality. The notice of proposed
enactment shall state the date, time, and place of the meeting, the
title or titles of proposed ordinances , and the place or places
within the municipality where such proposed ordinance or ordinances
may be inspected by the public. Said notice shall also advise that
interested parties may appear at the meeting and be heard with
respect to the proposed ordinance or ordinances. No ordinances
7
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shall be declared invalid by reason of any defect inpublication or
title if the published summarygives s
reasonable notice of its
intent. At the time and place so advertised, or at any
place to which such public hearing time and
may,, from time to time, be
adjourned, the ordinance shall be read bytitle and a '
hearing shall be held. After public
the hearing, the City Commission may
pass the ordinance with or without amendment. The effective date
shall not be earlier than ten (10) days after its enactment.
Proposed ordinances which enact or amend the City' s Zoning
Ordinance or Comprehensive Plan of the City of Miami Beach shall be
adopted according to the procedures set forth in the Cityof Miami
Beach ' s Zoning Ordinance.
To meet a public emergency affecting life, health, propertyor
public safety, the City Commission bytwo-thirds
(2/3) vote of the
members of the City Commission may adopt an emergency ordinance at
the meeting at which it is introduced and may make it effective
immediately. After adoption of an emergency ordinance, the City
Commission shall cause it to bepublished in full within
ten (l0)
days in a newspaper of general circulation in the municipality. No
emergency ordinance shall be enacted which enacts or amends a land
use plan or which rezones private property.
Sec. 2 .06. Duties of Elected Mayor.
The Mayor shall be the presiding officer at the meetings of
the Commission and shall bear the title of Mayor and shall have a
voice and a vote in the proceedings of the City Commission but no
veto power, and he/she may use the title of Mayor in any case in
which the execution of legal instruments in writing or other
necessity arising from the general laws of the state so requires ;
he/she shall sign all deeds, contracts, bonds or other instruments
of writing to the which the City is a party when authorized to do
so by ordinance or resolution of the City Commission, but he/she
shall not have the administrative or judicial functions and powers
of the Mayor under the general laws of the state. He/she shall be
recognized as the official head of the City by the Courts for the
purpose of serving civil processes, by the Governor in the exercise
of military law and for all ceremonial purposes and he/she shall ,
in addition thereto, perform such other duties as may be by
ordinance prescribed by the City Commission. The Mayor shall be
the appointing authority for the employees in the Mayor' s Office
who are in the unclassified service.
Sec. 2 . 07 . Vacancies in City Commission.
Any vacancy occurring in the City Commission shall be filled
by the vote of the majority of the remaining members of said City
Commission with the appointee serving the remainder of the
unexpired term until the next succeeding general City election and
with any further remainder of said unexpired term to be filled by
a Commissioner elected at said general election; if the remaining
members of the City Commission shall fail or refuse to fill such
vacancy within 30 days after it occurs and if no general City
8
election will be held within 90 days after the expiration of said
30 days, then a special election shall be called and held to elect
a Commissioner to fill such vacancy for the remainder of the
unexpired term.
Sec. 2 . 08. Removals and Suspensions from Office of City
Commission.
The Mayor and any City Commissioner, in addition to being
removed by recall pursuant to State law, may be removed from office
pursuant to the Miami Beach City Code.
ARTICLE III. CITY ATTORNEY
Sec. 3 . 01. City Attorney; Duties Generally; Appointment of
Personnel.
There shall be appointed by the City Commission of the City of
Miami Beach, a City Attorney. His/her compensation shall be fixed
by the City Commission by ordinance. The City Attorney shall be
the head of the Office of City Attorney and in this capacity shall
have the following powers:
(a) To act as the legal advisor for the municipality and all
of its officers in all matters relating to their official
powers and duties .
(b) To prepare or review all ordinances, resolutions,
contracts, bonds and other written instruments in which
the municipality is concerned, and shall endorse on each
his/her approval of the form, language, and execution
thereof.
(c) When required by the Commission, he/she shall prosecute
or defend, for and in behalf of the City, all complaints,
suits and controversies in which the City is a party,
before any court or other legally constituted tribunal .
(d) To attend all meetings of the City Commission.
(e) He/she shall recommend to the City Commission for
adoption, such measures as he/she may deem necessary or
expedient.
(f) He/she shall render opinions and/or reports on legal
matters affecting the City as the Commission may direct.
(g) He/she shall perform such other professional duties as
may be required of him/her by ordinance or resolution of
the Commission or by this Charter.
(h) To appoint and remove all unclassified personnel in the
Legal Department, including outside counsel representing
the City.
ARTICLE IV. CITY MANAGER AND ADMINISTRATIVE ORGANIZATION
Sec. 4 . 01. City Manager - Compensation and Qualifications.
The City Manager ' s compensation shall be fixed by the City
Commission by ordinance. The Manager shall be chosen upon the
basis of his/her qualifications.
9
•
Sec. 4.02. City Manager - Functions and powers.
The CityManager shall be the chief executive officer and head
of the administrative branch of the city government. Except as
specifically provided otherwise in this Charter, the City Manager
shall be responsible to the City Commission for the proper
administration of all affairs of the City. The functions and
powers of this office shall be:
(a) To see that the laws and ordinances are enforced.
(b) Toappoint all directors of the several departments now
existing, or to be created, with the consent of the City
Commission, and to remove the same at will, except for
the Legal Department.
(c) To appoint and remove, at will, the division heads of
departments or divisions now existing or to be created by
law or ordinance, except for the Legal Department.
(d) To appoint and remove at will, all other officers or
employees in the unclassified service of the City, except
the Mayor and City Commissioners, or those individuals
appointed by the Commission, the employees in the Mayor' s
Office who are in the unclassified service for whom the
Mayor shall be the appointing authority, and the
unclassified personnel in the Legal Department who shall
be appointed and removed by the City Attorney.
(e) To attend all meetings of the City Commission, with the
right to take part in the discussion, but having no vote.
(f) To recommend to the City Commission for adoption, such
measures as he/she may deem necessary or expedient.
(g) To keep the City Commission fully advised as to the
financial condition and needs of the City.
(h) To have general and special supervision and control ,
subject to the control by the City Commission, of the
several departments now existing, except for the Legal
Department, or hereafter to be created, and the City
Manager shall be purchasing agent of the City, with
authority to delegate such duty.
(i) To negotiate all contracts and agreements in which the
City is a party subject to the approval of the City
Attorney and City Commission.
(j ) The City Manager shall account to the City Commission for
the conduct and acts of the several departments now
existing, or hereafter to be created, and he/she shall
have supervision and control of the heads of the said
departments, and such heads as appointed by the City
Manager shall be accountable to the City Manager for the
conduct and acts of their departments, except for the
Legal Department.
(k) To perform such other duties as may be prescribed by the
City Commission by ordinance or resolution.
10
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ARTICLE V. BUDGET AND FINANCE
Sec. 5. 01. General Power.
The City of Miami Beach shall have the power to borrow money,
contract loans, and issue bonds, notes, and other obligations or
evidences of indebtedness in accordance with Florida law.
Sec. 5. 02 . Budget.
In accordance with Florida law the City Commission shall adopt
an annual budget.
Sec. 5.03. Tax on Occupancy of Hotels, etc. , and on Certain
Foods and Beverages.
The City of Miami Beach is authorized and shall have the right
to impose, levy and collect a tax on the rent of every occupancy of
a room or rooms in any hotel , motel or apartment house when the
renting is for a period of eleven ( 11) consecutive months or less;
and upon the total sales price of all items of food and alcoholic
beverages sold at retail by any establishment engaged in the sale
of alcoholic beverages and/or food for consumption on the premises;
said tax to be paid by the person paying the rent or paying for the
food and/or alcoholic beverage herein specified and to be collected
by the person renting said rooms or selling said food or alcoholic
beverage for the use and benefit of the City. Sales or rentals
exempted by Chapter 212 , Florida Statutes, shall also be exempt
from the tax hereby authorized. That the total receipts from the
above tax levy shall be kept and maintained in a separate fund and
shall in no event be transferred to the general fund, and that the
said fund shall be used for the promotion of the tourist industry,
which shall include, but not be restricted to the following:
publicity, advertising, news bureau, promotional events, convention
bureau activities, capital improvements and the maintenance of all
physical assets in connection therewith; and for the payment of the
reasonable and necessary expenses of collecting, handling and
processing of said tax. That the Commission shall have the
authority and power by ordinance to determine and fix the amount of
said tax after public hearing not in excess of two percent (2%) ,
except that an additional tax of one percent (1%) may be imposed,
levied and collected on the rent of every occupancy of a room or
rooms in any hotel , motel or apartment house when the renting is
for a period of eleven (11) consecutive months or less, provided
that such additional one percent (1%) shall be used, subject to the
rights of bondholders, (A) fifty percent (50%) for public
incentives for convention center headquarters hotel development,
and upon retirement of all debt related thereto, to be used as in
(B) below, and (B) fifty percent (50%) for promotion of tourism
related activities and facilities, and developing, improving and
maintaining tourism related public facilities ; provided that such
additional one percent (1%) of tax shall not be imposed until such
time as the City of Miami Beach has entered into an agreement with
a developer for development of a convention center headquarters
hotel ; and provided further that the authority created pursuant to
11
Section 8 of Chapter 67-930 shall have no right to receive any
portion of such additional one percent (1%) of tax.
ARTICLE VI. ELECTIONS
Sec. 6.01. Electors.
Any person who is a resident of the City of Miami Beach, who
has qualified as an elector of the State of Florida and who
registers in the manner prescribed by law shall be a qualified
elector of the City.
Sec. 6. 02 . Nonpartisan Elections.
All elections for the office of City Commissioner shall be
conducted on a nonpartisan basis without any designation or
political party affiliation.
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 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; (3) his/her
legal residence, by street and number; (4) that he/she is qualified
under the ordinances (including Miami Beach City Code Chapter 10
governing "Elections") and Charter of the City of Miami Beach,
Florida, to hold the office for which he/she is a candidate; and
(5) that he/she has paid the qualification fee required by this
section.
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
12
a candidate for the office of City Commissioner (Group No.
(or Mayor) for the Cityof Miami
qualified Beach, Florida; that he/she is a
q i f ied elector o f said City; that his/her legal residence is:
Miami Beach, Dade County, Florida; that he/she is
qualified under the ordinances (including Miami Beach City
Code ter 10 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.
Sec. 6. 04 . Vacancy in Candidacy.
If the death, withdrawal or removal of a qualified candidate
for Miami Beach City Commission following the end of the qualifying
period results in only one candidate remaining on the ballot for
that office, there shall be one supplemental qualifying period of
five (5) days beginning on the first day following the vacancy in
candidacy. No further supplemental qualifying period shall
thereafter be established at all if a vacancy in candidacy occurs
within twenty- six (26) days y prior to the date of the general
election for the office of City Commissioner or Mayor. If within
twenty-six (2 6) days prior to the date of the general election for
the office of City Commissioner or Mayor, there is only one
candidate on the ballot for an elected office, said candidate shall
be declared elected and no election for that office shall be
required.
ARTICLE VII. INITIATIVE AND REFERENDUM
Sec. 7 .01. Power of Initiative.
Upon the presentation to the City Commission of a petition or
petitions signed by the qualified electors therein, in number equal
to ten percent (10%) of the registration asking for a submission to
the electors of a measure fully set forth in said petition or
petitions, being a measure that said body has authority to adopt,
it must either adopt such measure without alteration within thirty
(3 0) days of the issuance of a certificate of a petition ' s
sufficiency by the Metropolitan Dade County Elections Department or
submit the same to its electorate at the next succeeding City
election occurring more than sixty (60) days after issuance of the
Metropolitan Dade County Election Department ' s certificate as to
13
the petition' s sufficiency. But, if said petition or petitions are
signed by qualified electors in number equal to fifteen percent
(15%) of said registration, then such measure if not so adopted by
the said City Commission, must be submitted to such electorate at
a special election to be called within sixty (60) days after
issuance of the Metropolitan Dade County Election Department's
certificate as to the petition's sufficiency.
Any measure that the said City Commission or the electorate of
the City has authority to adopt, as herein provided, said City
Commission may submit to a vote of its electors at a general or
special election.
Sec. 7 .02. Power of Referendum.
Upon the presentation to the City Commission of a petition or
petitions signed by the qualified electors therein in number equal
to ten percent (10%) of the registration asking that any ordinance
adopted by the City Commission be repealed, such ordinance must
either be repealed by the City Commission within thirty (30) days
of the issuance of a certificate of a petition' s sufficiency by the
Metropolitan Dade County Elections Department or submit same to its
electorate at the next succeeding City election occurring more than
sixty (60) days after issuance of the Metropolitan Dade County
Elections Department ' s certificate as to the petition' s
sufficiency. But, if said petition or petitions are signed by
qualified electors in number equal to fifteen percent (15%) of said
registration, then such measure asking for ordinance repeal, if not
so adopted by the said City Commission, must be submitted to such
electorate at a special election to be called within sixty (60)
days after issuance of the Metropolitan Dade County Election
Department's certificate as to the petition's sufficiency.
Sec. 7 .03. Form of Petition.
The form of petition shall be available in the City Clerk' s
Office; this petition form shall be used for the purpose of
initiative and referendum.
Sec. 7 . 04. Filing, Examination, and Certification of
Petitions.
All petition papers comprising an initiative or referendum
petition shall be presented to the City Commission as one (1)
instrument. Within ten (10) days after a petition is formally
presented to the City Commission, the City Clerk shall determine
whether each petition paper is in proper form. Within ten (10)
days from determining that the petition is in proper form, the City
Clerk shall transmit the petition papers to the Metropolitan Dade
County Department of Elections for purposes of determining whether
the petition as a whole has been signed by a sufficient percentage
of the City electors . The Metropolitan Dade County Elections
Department shall complete a certificate as to the petition' s
sufficiency (concerning requisite number of signatures) ; such
certificate shall specify if it is insufficient, and a copy of this
14
. .
certificate shall be promptly sent to the City Clerk. The City
Clerk shall then promptly forward the certificate on to the
petition ' s initiator, and shall also present the certificate to the
City Commission.
Sec. 7. 05. Amendment of Petitions.
An initiative or referendum petition certified as insufficient
for lack of the required number of valid signatures may be amended
with additional signatures one (1) time; the initiator of the
petition may do so by filing with the City Clerk supplementary
documents bearing additional signatures within thirty (30) days
after receiving the copy of the certificate of the Metropolitan
Dade County Elections Department regarding the insufficiency of the
petition. No further action on that petition shall be permitted,
but the insufficiency shall not prejudice the filing of a new
petition for the same purpose.
Sec. 7.06. Results of Election.
If the election results of a measure shall be approved by the
voters, said measure shall go into effect upon acceptance by the
City Commission of the certification of the election results.
If the provisions of two (2) or more measures approved and
adopted at the same election conflict, then the measure receiving
the highest affirmative vote shall control.
ARTICLE VIII. SCHEDULE, MISCELLANEOUS
Sec. 8. 01. Effective Date; review.
Upon approval by the City ' s electorate, this Charter will
become effective on (date on which City Commission
accepts certification of election results)
pursuant to the special election of the City of Miami Beach held on
the day of , 1993 . This Charter shall be
reviewed ten (10) years from (date on which City
Commission accepts certification of election results) and each
tenth year thereafter.
Sec. 8.02 . Ordinances Preserved.
All ordinances in effect upon the adoption of this Charter, to
the extent not inconsistent herewith, shall remain in full force
and effect until amended or repealed.
Sec. 8.03. Repeal of Former Charter Provisions.
Subject to Section 8 . 06 hereinbelow, all Charter provisions in
effect prior to the effective date of this Charter, including but
not limited to those contained in Chapter 7672 , Special Acts of
Florida 1917 , as amended, are expressly repealed.
15
Sec. 8. 04 . Precedence over Related Laws.
In case of conflict between the provisions of this Charter and
the provisions of the City ' s Related Laws, Charter terms shall
control .
Sec. 8. 05 . Officers, Employees and Agents.
The adoption of this Charter, except as otherwise specifically
provided, shall not affect or impair the rights, privileges or
immunities of persons who are city officers, employees or agents at
the time of adoption of this Charter. All elected officers holding
office on (effective date of referendum) ,
shall continue in office for the terms to which elected.
Sec. 8. 06. Debts, Contracts and Assessments Preserved.
No debt or obligation of contract of, or assessment by the
City shall be impaired as a result of the adoption of this Charter,
but all such debts, obligations and assessments shall pass to and
be binding upon the City and other parties thereto in accordance
with their terms and, to the extent applicable, the Charter of the
City as in existence at the time of their incurrence or imposition,
as applicable. All obligations and rights arising in connection
with projects financed pursuant to former City Charter Sections 29
and 30 shall be unaffected and shall remain in full force and
effect as if said Sections 29 and 30 had survived the adoption of
this Charter.
Sec. 8. 07 . Existing Rights, Obligations, Duties and
Relationships.
All rights, obligations, duties and relationships now existing
by law or agreement between the City of Miami Beach and other
governmental units shall be unaffected and shall remain in full
force and effect.
Sec. 8. 08. Severability.
If any section, sentence, clause or phrase of this Charter 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 this Charter.
(a:charter.ame)
16
•
APPENDIX A
Begin in Dade County, Florida, at a point 1, 500 feet East of where
the North line of Section 2 , in Township 53 South, of Range 42
East, intersect to low water mark of the Atlantic Ocean as shown in
Section 5 of the Miami Beach City Code; thence run in a Southerly
direction, meandering 1, 500 feet East of the low water mark of the
Atlantic Ocean to the intersection of the Southeasterly production
of a line bearing North 50°50 ' West, said line being that same
course which is described in the deed from the Internal Improvement
Fund of the State of Florida to the City of Miami, filed for record
on August 31, 1942 in Deed Book 2247 at Page 260 of the Public
Records of Dade County, Florida, said course being described in
said instrument as, "Thence run North 50°50 ' West on a line which
is 700 feet Northeasterly from and parallel to the Northeasterly
side of a tract of land herefore acquired by the Trustees of the
Internal Improvement Fund, through Master' s Deed, dated May 21,
1940 and recorded in Deed Book 2065 at Page 487 , Public Records of
Dade County, Florida, a distance of 4480 feet, more or less, to a
point of intersection with the East line of the West one-half of
said Section 9" ; thence run North 50°50 ' West, along the above-
described line for a distance of 4480 feet more or less, to a point
of intersection with the East line of the West half of Section 9,
Township 53 South, Range 42 East; thence run Northerly along the
East line of the West half of said Section 9 for a distance of
1, 320 feet to the point of intersection with a line which is 100
feet North of and parallel with the North boundary of Fisher
Island; thence run North 88°04 ' East along said line being 100 feet
North of and parallel with the Northerly boundary of Fisher Island
to the point of intersection with the Southerly boundary of Miami
Municipal Channel ; thence run Northwesterly along the Southerly
line of said Miami Municipal Channel to the point of intersection
with the Northerly line of the F.E. C. Railway Company Channel ;
thence run Easterly, along the Northerly line of F.E. C. Railway
Company Channel to a point of intersection with a line which is 80
feet Northeasterly from and measured at right angles to the center
line of the Miami Municipal Channel, said line being the same which
is described in the deed from the Internal Improvement Fund of the
State of Florida to the City of Miami, filed for records January
21, 1932 in Deed Book 1472 at Page 474 o f the Public Records of
Dade County, Florida; thence run Northwesterly, along the aforesaid
described line to a point of intersection with the East boundary of
the City of Miami Corporate Limit as authorized by Chapter 116117
(No. 282) 1925 Laws of the State of Florida [Chapter 57-1583 Senate
Bill No. 1043] .
Thence Northeasterly along the said Easterly Corporate Limits
of the City of Miami to a point on the center line of the General
Douglas MacArthur Causeway, said point being 1917 . 47 feet
Northwesterly from the intersection of the Southerly production of
the center line of Fountain Street as shown on the Plat of Palm
Island as recorded in Plat Book 6 at Page 54 of the Public Records
of Dade County, Florida, with the center line of said General
Douglas MacArthur Causeway; thence continue in a Northerly
17
- .
direction to a point on a line running East and West through the
center of Sections 22 and 23 in Township53 South, g
Range 42 East,
produced West, and 10, 249. 6 feet West of the Northeast corner of
the Southeast quarter of said Section 22 ; thence continue in a
Northerly direction following as near as may be the center of
Biscayne Bay to the intersection with the South boundaryline of
the City of North Bay Village;; thence run
g Easterly, along the South
boundary line of the City of North Bay Village to the point of
intersection with the East line of Section 9, Township53 South,
Range 42 East, the last described course
being parallel to the
North line of said Section 9 and, the above mentioned point of
intersection located 4 , 622 . 70 feet (Measured along the section
line) Southerly of the Northeast corner of said Section 9
according to the map of the City of North Bay Village prepared byy
Geirseh Engineering Co. dated September 7,
p1951; thence run
Northerly, along the East line of said Section 9 for a distance of
1, 979. 37 feet to a point of intersection with the Southeasterly
extension of the center line of the draw bridge
of 79th Street
Causeway, located on the East viaduct of Biscayne Bay, as shown in
the above-mentioned map of the City of North Bay Village; thence
run Northwesterly through the center line of said draw bridge to
the intersection with the center line of Biscayne Bay, this course
being along the Northeasterly boundary line of the City of North
Bay Village; thence run in a Northeasterly direction, following as
near as may be the center of Biscayne Bay to the intersection of
Biscayne Bay with the North line of Section 2 , Township 53 South,
Range 42 East projected West; thence run East to a point 1, 500 feet
East of where the North line of said Section 2 intersects the low
water mark of the Atlantic Ocean which is the place of beginning,
which territorial boundaries shall include all islands, sand bars
and submerged land lying within said described territory.
Excluded from the corporate limits of the City of Miami Beach, the
following described lands located in Fisher Island' :
Parcel No. 1 (Tracts 1 through 8) , Parcel No. 2 and Parcel No. 3 ,
known as Garfield E. Wood property, ousted from the City of Miami
Beach jurisdiction by Court Order No. 24531, recorded in Book 194
at Page 28, of the Public Records of Dade County, Florida and more
particularly described as follows:
From a concrete monument designated as Monument "F" which is 1, 153
feet West and 2 , 102 feet South of the Northeast corner of the
Northwest quarter of Section 10, Township 54 South, Range 42 East
and on the Southern boundary line of the United States Government
Reservation, said Monument "F" being the POINT OF BEGINNING of the
tract herein described, run North 65°13 ' West along said Southerly
boundary a distance of 884 . 84 feet to a point; thence run North
'For cases excluding certain lands on Fisher' s Island from
corporate limits of city, see City of Miami Beach v. State exrel.
Wood, (Fla. ) 56 So. 2d 520; State exrel . Belcher Oil Co. v. City of
Miami Beach, Dade County Circuit Court, 59 L. 1004 .
18
•
24°47' East, along the Westerly boundary of the United States
Government Reservation a distance of 400 feet; thence South
88°12 ' 40" West for a distance of 894 . 20 feet; thence South 88°04 '
West for a distance of 100 feet to the Northeast corner of Belcher
Oil Company property; thence South 1°56 ' East a distance of 520
feet to a point located on the North right-of-way line of "B"
Street, according to the Plat of Commercial Subdivision of Harbor
Terminal, recorded in Plat Book 23 , Page 67, of the Public Records
of Dade County, Florida; thence run North 88°04 ' East, along the
North right-of-way line of said "B" Street for a distance of 966. 02
feet to a point marked PRM#5 on the above-mentioned plat of
Commercial Subdivision of Harbor Terminal ; thence run along the arc
of a curve concave to the South having a central angle of 2 6°4 3 'and
a radius of 610. 31 feet for a distance of 284. 54 feet; thence run
South 1°56 ' East, along the East right-of-way line of First Street
as shown in said Plat of Commercial Subdivision of Harbor Terminal
for a distance of 1, 334 . 10 feet; thence run South 88°04 ' West along
the South line of "D" Street, shown in said Plat of Commercial
Subdivision of Harbor Terminal for a distance of 1, 680 feet to the
point of intersection with the West right-of-way line of Fifth
Street; thence run North 1°56 ' West along the West right-of-way
line of Fifth Street and its Northerly extension for a distance of
1, 873 . 07 feet to a point labeled Mon. "B" in the above-mentioned*
plat of Commercial Subdivision of Harbor Terminal ; thence run South
88°04 ' West for a distance of 1, 975 feet more or less, to a point
on the Eastern side of "Lemon City" Channel, said point being the
Northwest corner of the property described in Trustees of the
Internal Improvement Fund of the State of Florida, Deed No. 16936
of the Alton Beach Realty Company, dated August 6, 1920 and
recorded in Deed Book 230, at Page 5, of the Public Records of Dade
County, Florida; thence run South 9°50 ' East, a distance of 650
feet along the Eastern side of said channel to a point; thence
South 50°50 ' East a distance of 3 , 600 feet plus or minus, to the
high-water line of the Atlantic Ocean; thence run Easterly and
Northeasterly, meandering said high-water line of the Atlantic
Ocean to the point where said shore line intersects the Southern
boundary line of the United States Government Reservation; thence
run North 65°13 ' West, along said boundary line to Monument "F" ,
the POINT OF BEGINNING, together with riparian rights and water
privileges if any, adjacent, appurtenant or belonging thereto.
Also excluded Parcel 4 known as Garfield E. Wood property, ousted
from the City of Miami Beach jurisdiction by Court Order No. 24531,
recorded in Book 194 , at Page 28, Public Records of Dade County,
Florida, situate, lying and being in Commercial Subdivision of
Terminal Harbor, according to the Plat thereof recorded in Plat
Book 23 , Page 67 , of the Public Records of Dade County, Florida,
containing the following lots:
Lots 3 , 5 , 8 , 10, 11, 12 , 13 , 14 , 15 , 18 , 20 and 21 in Block 1
Lots 2 , 3 , 4 , 6, 7 , 10, 11 , 13 , 14 , 15 , 16, 17 , 18, 21 and 22 in
Block 2
Lots 1, 2 , 3 , 4 , 7 , 10, 11, 12 , 13 , 14 , 15 , 18 , 19 , 20, 21 and 22
in Block 3
19
Lots 1, 2 , 3 , 4 , 5, 14 , 15, 16, 17 , 18 , 19, 20, 21, 22, 23 , 24 , 25,
28, 29, 30, 31, 32 , 34 , 35, 36, 40, 41, 42 , 44 and 46 in Block 4 .
An undesignated parcel of land lying in said Block 4 between Lots
5 and 12 for which lot numbers 6 to 11, both inclusive, have been
reserved but not indicated on the Plat of records.
Lots 1, 2 , 3 , 4, 5, 6, 7, 8, 9, 10, 11, 12 , 13 , 14 , 16, 17, 18, 19,
20, 21, and 22, in Block 5
Lots 1, 2 , 3 , 4, 7, 8 , 9, 10, 14, 15, 18, 19 and 20 in Block 6 and
Lots 3 , 4 , 5, 6, 7, 8, 9, 14 , 15, 16, 17, 18 , 19 and 20 in Block 7 .
Also excluded from the corporate limits of the City of Miami Beach
the following described lands located in Fisher Island:
Parcels 1, 2, 3 and 4 , known as Belcher Oil Company property,
located in Section 9 and 10, Township 53 South, Range 42 East,
ousted from the City of Miami Beach jurisdiction by Court Order No.
59L1004-M, recorded in Book 437 at Page 144 , of the Public Records
of Dade County, Florida, dated January 21, 1960 and more
particularly described as follows:
From a concrete Monument "F" which is 1, 153 feet West and 2, 102
feet South of the Northeast corner of the Northwest quarter of
Section 10, Township 54 South, Range 42 East, and on the Southern
boundary of the United States Government Reservation run North
65°13 ' 00" West a distance of 1, 684 . 59 feet to a point; thence run
South 88°04 ' West for a distance of 100 feet to the POINT OF
BEGINNING of the tract herein described; thence run South 1°56 '
East for a distance of 520 feet to a point on the North line of "B"
Street as shown in Commercial Subdivision of Harbor Terminal,
according to the Plat thereof recorded in Plat Book 23 at Page 67 ,
of the Public Records of Dade County, Florida; thence run South
88°04 ' West, along the North line of said "B" Street for a distance
of 500 feet; thence run North 1°56 'West for a distance of 520 feet
to a point located on the bulkhead line of Fisher Island; thence
run North 88°04 ' East for a distance of 500 feet to the POINT OF
BEGINNING. Said lands containing 5. 968 acres more or less.
Also excluded from the corporate limits of the City of Miami Beach
the following described lands located on Fisher Island:
Portion of Section 10, Township 54 South, Range 42 East, deannexed
from the jurisdiction of the City of Miami Beach by Ordinance No.
91-72 of the City Commission for the City of Miami Beach and more
particularly described as follows:
Commence at the North-Northwest corner of "Lindisfarne on Fisher
Island Section 3" according to the Plat thereof as recorded in Plat
Book 135, Page 15 of the Public Records of Dade County, Florida;
thence South 65°13 ' 00" East, along the North line of the
aforementioned "Lindisfarne on Fisher Island Section 3" a distance
20
,
of 786. 41 feet to the POINT OF BEGINNING of the herein described
property; thence continue South 65°13 ' 00" East along said North
line a distance of 233 . 35 feet; thence North 27°39 ' 54" West a
distance of 113 .80 feet; thence North 79°36 ' 35" West a distance of
124 . 28 feet; thence South 55°23 ' 23" West a distance of 44. 69 feet
to the POINT OF BEGINNING.
Saidlands situate, County,
and being on Fisher Island, Dade Count ,
Florida, and containing 0. 231 acres more or less.
21
RESI,LUTION NO. 93--20834 FP-
Calling
for a special eleciton to be held
on Tuesday, November 2, 1993 for the
purpose of submitting to the electorate
of the C.M.B. an amendment to the Miami
Beach City Charter providing for City
Commission appointment and removal of the
independent City Auditor with duties,
method of selection and method of
compensation of the independent City
Auditor to be established by ordinance.
0