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Resolution 2022-32261 RESOLUTION NO. 2022-32261 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY SHALL BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS, FROM TIME TO TIME, NOT EXCEEDING $159,000,000 IN AGGREGATE PRINCIPAL AMOUNT, PAYABLE FROM UNLIMITED AD VALOREM TAXES, BEARING INTEREST NOT EXCEEDING THE MAXIMUM LEGAL INTEREST RATE, AND MATURING NO LATER THAN 30 YEARS FROM ISSUANCE DATE, TO IMPROVE FACILITIES FOR RESILIENCY OF ARTS AND CULTURAL INSTITUTIONS THROUGHOUT THE CITY, INCLUDING MUSEUMS, PERFORMANCE VENUES, ARTISTIC PLAYGROUNDS, SENIOR/CULTURAL CENTERS, BOTANICAL GARDEN, AQUATIC SCULPTURE PARK, AND RELATED ARTIST/WORKFORCE HOUSING. WHEREAS, as a key objective in the City's 2019 Strategic Plan: Through the Lens of Resilience, the Mayor and City Commission has identified the need for improving the resiliency of arts and cultural institutions in the City, including addressing facility needs and related affordable or workforce housing in the City; and WHEREAS, the Mayor and City Commission find that dedicating resources through a general obligation bond issue to construct and improve facilities for such purposes is in the best interest of the City; and WHEREAS, in view of the lack of affordable or workforce housing options in the City, particularly for artists and employees of cultural institutions, the Mayor and City Commission further find that addressing affordable and workforce housing needs of such persons would serve a paramount public purpose. 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 8, 2022, 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 acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the 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 as determined by the Miami-Dade County Election Officials.' SECTION 4. Notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN I Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." 2 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 8th DAY OF NOVEMBER, 2022, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: General Obligation Bond Issue For Arts and Cultural Facilities To improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park, and related artist/workforce housing, shall City be authorized to issue general obligation bonds, from time to time, not exceeding $159,000,000 aggregate principal amount, payable from unlimited ad valorem taxes, bearing interest not exceeding maximum legal interest rate, maturing no later than 30 years from issuance date? For Bonds Against Bonds Said Notice shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on November 8, 2022, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" General Obligation Bond Issue For Arts and Cultural Facilities To improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park, and related artist/workforce housing, shall City be authorized to issue general obligation bonds, from time to time, not exceeding $159,000,000 aggregate principal amount, payable from unlimited ad valorem taxes, bearing interest not exceeding maximum legal interest rate, maturing no later than 30 years from issuance date? For Bonds Against Bonds 3 SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special and Runoff Elections shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami- Dade County Supervisor of Elections will register voters for the Special Election until 5:00 p.m. on Tuesday, October 11, 2022. All persons eligible to vote at the Elections must be registered before the times and dates set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Department. All questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone:(305) 499-VOTE (8683). SECTION 9. That voters participating via a Vote-by-Mail ballot 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 such voting. All questions concerning Vote-by-Mail ballots should 4 be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. That if the proposal provided for in Sections 5 and 6 above shall be approved by a majority of the qualified electors of the City voting on the subject proposal, it shall be considered adopted and effective upon the City Commission's acceptance of certification of final election results. SECTION 12. If any section, sentence, clause or phrase of this Resolution or of the ballot measure set forth herein 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 Resolution or ballot measure. SECTION 13. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this °2..0 day of kill/ , 2022. ATTEST: .........vi I .JUL 2 5 2022 AN GELBER, MAYOR RAFA L E. GRANADO, CITY CLERK APPROVED AS TO FORM&LANGUAGE (Sponsored by Mayor Dan Gelber and Commissioner Rick....,,Arriola) &FOR EXECUTION 5 INCORP� EIATED' City Attorney p� 1 pate BALLOT QUESTION NOVEMBER 8, 2022 SPECIAL ELECTION I. BALLOT QUESTION: General Obligation Bond Issue For Arts and Cultural Facilities To improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park, and related artist/workforce housing, shall City be authorized to issue general obligation bonds, from time to time, not exceeding $159,000,000 aggregate principal amount, payable from unlimited ad valorem taxes, bearing interest not exceeding maximum legal interest rate, maturing no later than 30 years from issuance date? For Bonds Against Bonds 6 EXHIBIT A G.O. BOND for ARTS & CULTURE FINAL SUMMARY July 20, 2022 - CITY-OWNED CULTURAL FACILITES Amounts 1 Bass Museum of Art $ 20,100,000 2 Miami City Ballet $ 16,000,000 3 Fillmore Miami Beach $ 29,100,000 4 Colony Theater $ 7,480,000 5 Miami Beach Botanical Garden $ 6,270,000 6 Art Deco Welcome Center $ 1,420,000 7 New World Symphony $ 5,700,000 8 Holocaust Memorial Miami Beach $ 7,150,000 9 Byron Carlyle Theater $ 30,570,000 10 North Beach Oceanfront Center $ 1,950,000 11 Miami New Drama at Collins Park Garage $ 7,670,000 12 Miami Beach Bandshell $ 3,770,000 City-Owned Cultural Facilities Total $ 137,180,000 OTHERTURAL`FACILITIES ;- N;OT CIiTlY OWNED Amounts 13 The Wolfsonian -FIU $ 5,000,000 14 The Jewish Museum of Florida-FIU $ 750,000 Other Cultural Institutions Total $ 5,750,000 OTHER PROJECTS/ENHANCEMENTS Amounts 15 Artistic Playgrounds $ 3,835,000 16 . Aquatic Sculpture Park $ 5,000,000 17 Miscellaneous Arts &Culture Projects $ 3,000,000. 18 Workforce Housing for Cultural Institutions $ 4,000,000 Other Projects Total $15,835,000 TOTAL $158,765,000 TOTAL(rounded up) $159,000,000 Resolutions -R7 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager and Rafael A. Paz, City Attorney DATE: July 25, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8, 2022 CITY OF MIAMI 1BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY SHALL BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS, FROM TIME TO TIME, NOT EXCEEDING $159,000,000 IN AGGREGATE PRINCIPAL AMOUNT, PAYABLE FROM UNLIMITED AD VALOREM TAXES, BEARING INTEREST NOT EXCEEDING THE MAXIMUM LEGAL INTEREST RATE, AND MATURING NO LATER THAN 30 YEARS FROM ISSUANCE DATE, TO IMPROVE FACILITIES FOR RESILIENCY OF ARTS AND CULTURAL INSTITUTIONS THROUGHOUT THE CITY, INCLUDING MUSEUMS, PERFORMANCE VENUES, ARTISTIC PLAYGROUNDS, SENIOR/CULTURAL CENTERS, BOTANICAL GARDEN, AQUATIC SCULPTURE PARK, AND RELATED ARTIST/WORKFORCE HOUSING. ANALYSIS On July 20, 2022, the Mayor and City Commission approved a resolution calling for a November 8, 2022 voter referendum on the proposed General Obligation Bond for Arts and Cultural facilities. The Resolution was amended on the floor, following discussion of the final list of proposed project line items and amounts. The updated Resolution and accompanying exhibit with the updated project line items and amounts are attached hereto. In an abundance of caution, the City Clerk and City Attorney request that the City Commission ratify the updated Resolution at the July 25, 2022 City Commission meeting. SUPPORTING SURVEY DATA See July 20, 2022 Commission Memorandum. FINANCIAL INFORMATION See July 20, 2022 Commission Memorandum. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes Yes Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber and Commissioner RickyArriola ATTACHMENTS: Description D Resolution