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2003-25445 ResoRESOLUTION NO. 2003-25445 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, MARCH 9, 2004, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY OF MIAMI BEACH RELATED SPECIAL ACTS, ARTICLE II THEREOF ENTITLED "PUBLIC LIBRARY" AND ARTICLE III THEREOF ENTITLED "MUNICIPAL PROJECTS", BE DELETED AS SAID LANGUAGE IS OBSOLETE AND/OR REDUNDANT. 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, March 9, 2004, 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 from 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 9TH DAY OF MARCH, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDING RELATED SPECIAL ACTS BY DELETING ARTICLE II "PUBLIC LIBRARY" AND ARTICLE III "MUNICIPAL PROJECTS" SHALL MIAMI BEACH RELATED SPECIAL ACTS, ARTICLE II THEREOF ENTITLED "PUBLIC LIBRARY" AND ARTICLE III THEREOF ENTITLED "MUNICIPAL PROJECTS", BE DELETED AS SAID LANGUAGE IS OBSOLETE AND/OR REDUNDANT? YES NO SECTION 7. The official ballot to be used in the Special Election to be held on March 9, 2004, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, MARCH 9, 2004. 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 9TH DAY OF MARCH, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDING REI,ATED SPECIAL ACTS BY DELETING ARTICLE II "PUBLIC LIBRARY" AND ARTICLE III "MUNICIPAL PROJECTS" SHALL MIAMI BEACH RELATED SPECIAL ACTS, ARTICLE II THEREOF ENTITLED "PUBLIC LIBRARY" AND ARTICLE III THEREOF ENTITLED "MUNICIPAL PROJECTS", BE DELETED AS SAID LANGUAGE IS OBSOLETE AND/OR REDUNDANT? 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 fimis, 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 TTEST: CITY CLERK 10th day of ~, 2003. ~" ~'"MAYOR JKO/ED FSatto\OLIAELECTION'xRESO'~SA-Public Library-Municipal Projects.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4 Proposed Amendment to City of Miami Beach Related Special Acts for March 9, 2004 Special Election: Proposed Ballot Question AMENDING RELATED SPECIAL ACTS BY DELETING ARTICLE II "PUBLIC LIBRARY" AND ARTICLE III "MUNICIPAL PROJECTS" SHALL MIAMI BEACH RELATED SPECIAL ACTS, ARTICLE II THEREOF ENTITLED "PUBLIC LIBRARY" AND ARTICLE III THEREOF ENTITLED "MUNICIPAL PROJECTS", BE DELETED AS SAID LANGUAGE IS OBSOLETE AND/OR REDUNDANT? YES NO B. Proposed Text ARTICLE II "PUBLIC LIBRARY".* 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; * The public library is operated pursuant to an interlocal agreement which is on file in the city clerk's office. 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 11-1-83) ARTICLE III "MUNICIPAL PROJECTS". * 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 drams, 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 girl, purchase or the exercise of the right of eminent domain, or any one or more or all of the foregoing. (b) The t~ni~ "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. * 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 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. (c) To issue bonds as provided in this Act to finance such construction, and to provide for the fights 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 ora 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) CITY OF MIAMI BEACH COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: December 10, 2003 From: Chairman Steve Zack Vice-Chair Jonathan Beloff Member of the Board Ricky Arriola Member of the Board Victor Diaz Member of the Board Honorable Seymour Gelber Member of the Board Larry Herrup Member of the Board Abraham Laeser Appointed by Mayor Dermer Appointed by Commissioner Garcia Appointed by Commissioner Cruz Appointed by Commissioner Bower Appointed by Commissioner Gross Appointed by Commissioner Steinberg Appointed by Commissioner Smith Subject: CHARTER REVIEW BOARD PROPOSED AMENDMENTS TO CITY CHARTER-- RESOLUTIONS PROPOSING MARCH 9, 2004 CITY OF MIAMI BEACH SPECIAL ELECTION BACKGROUND: The City of Miami Beach Charter Review Board, pursuant to authority of City Resolution No. 2003- 25124, is continuing its review of the City's Charter and Related Special Acts - as a result of this review, the Board held a televised public meeting onNovember 6, 2003, resulting in the following recommended changes to the City Charter: Zonin,q Reform - amending City Charter Section 1.03 (c) to expand the current requirement of voter approval prior to any increase in floor arearatio on certain waterfront property within the City of Miami Beach to all property within the City; and Long Term Economic Impact- amending CharterV~ regarding "Budget and Finance" to require that the City Commission consider the long term economic impact (at least 5 years) of legislative acts involving the allocation of funds. At the July 30, 2003 City Commission Meeting, the following issues were presented to the City Commission by the Charter Review Board for consideration. The City Commission did not place these issues on the November 4 ballot and indicated that these issues might be considered for a future ballot after the November 4, 2003 Special Election. The issues are: 1) Amending Charter Bill of Rights, re: "Natural Resources & Scenic Beaut~/'; 2) Amending Charter .§4.02 (i), by deleting requirement for City Attorney approval of City Manager's contract negotiations; and 3) Amending Related Special Acts do delete Article II "Public Library" and Article III "Municipal Projects", as obsolete and redundant. In order to ensure placement of a measure on the March 9, 2004 ballot, the City Commission must pass a resolution calling for said special election by no later than January 9, 2004 - accordingly, inasmuch as there is only one regularly-scheduled City Commission meeting prior to January 9, 2004 (December 10), the attached resolutions are presented herein for City Commission Review. This proposal was previously presentedto the City Commission for its review at its July 30, 2003 Commission Meeting; the City Commission opted to reserve this issue for later consideration. T:~AGENDA~2003\decl003\regular\Charter Review Board Resolutions.doc Agenda Item ~ ~'~__L Date MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY Telephone: Telecopy: (305) 673-7470 (305) 673-7002 TO: FROM: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and DATE: December 10, 2003 Members of the City Commission Murray H. DubbinA~ I J~'~'''~ City Attorney ~u~ v~ REGARDING CHARTER REVIEW BOARD'S PROPOSED AMENDMENT TO THE CITY TO THE CITY CHARTER AND RESOLUTIONS PROPOSING MARCH 9, 2004 CITY OF MIAMI BEACH SPECIAL ELECTION. The Legal Department has drafted and submitted the proposed charter amendment in accordance with the action of the Charter Review Board. However, we have some concerns which are hereafter set forth. The proposed amendment to Section 1.03(c) of the City Charter will expand the current requirement for voter approval prior to any increase in Floor Area Ratio on all applicable properties within the City. This would affect settlements, including, but not limited to, those entered into pursuant to the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris Act")* and those in other cases which involve the effectuation of their terms through a development agreement. The proposed Charter Amendment would also affect the settlement of other litigation matters concerning civil rights claims against the City, takings or condemnation claims, and the transfer of development rights under current City Code provisions and those anticipated to be proposed by the Planning Department relative to historic districts. To address the foregoing concerns, the City Attorney's Office has added the attached shaded language to the original proposal of the Charter Review Board, which language is thus submitted for your consideration. *Assuming the Harris Act is ultimately upheld by the courts MHD/DJT/bfg f:\atto\turn\¢ommmemo\charter amdt. and 3-9-94 special election-2.doc 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 CITY OF MIAMI BEACH To: From: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Chairman Steve Zack Vice-Chair Jonathan Beloff Member of the Board Ricky Arriola Member of the Board Victor Diaz Member of the Board Honorable Seymour Gelber Member of the Board Larry Herrup Member of the Board Abraham Laeser Date: December 10, 2003 Subject: CHARTER REVIEW BOARD - MONDAY, DECEMBER 8, 2003 MEETING - REPLACEMENT RESOLUTIONS The charter Review Board met on Monday, December 8, 2003, and discussed, in part, amendments to City Charter Sections 1.03(b) (requiring voter approval prior to disposal of City-owned park, recreation, or waterfront property) and 1.03(c) (requiring voter approval prior to increase in floor area ratio of certain waterfront properties). In order to reflect the Board's actions of December 8, 2003, the attached resolution shall substitute as the recommendation of the Charter Review Board regarding Agenda Item R9C and Charter section 1.03(c). The Board's proposed amendments to City Charter Section 1.03(b) are in the process of being prepared and will be distributed at the December 10, 2003 City commission meeting. City Clerk's Office T:~AGENDA~2OO3~decl003~regular~Charter Review Board 1.03 doc ' '