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Resolution 2024-33170 RESOLUTION NO. 2024-33170 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 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 CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE MAJORITY VOTER APPROVAL FOR ALL RIGHT-OF-WAY VACATIONS, SALES, AND LEASES (10 YEARS OR MORE) OF CITY PROPERTY; AMEND REQUIREMENTS FOR SALES/LEASESNACATIONS; AND AMEND REQUIREMENTS FOR MANAGEMENT/CONCESSION AGREEMENTS OF 10 YEARS OR MORE. 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 5, 2024, 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.' ' 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." 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 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 5th DAY OF NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Charter Section 1.03: Sale/Lease of City property; right-of-way vacations; management/concession agreements Shall Charter be amended, requiring for all sales/leases(10 years or more)of City property (awarded after November 5, 2024) and right-of-way vacations: • Majority voter approval (includes changing approval for Convention Center Campus/Parking Lots from 60% to majority); • advisory Planning Board review; • planning analysis; • appraisal; • competitive bidding (sales/leases only); • public hearing; and for management/concession agreements (10 years or more): • 6/7 Commission vote; • public hearing; • advisory Planning Board review? Yes No 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 5, 2024, 2 hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" Charter Section 1.03: Sale/Lease of City property; right-of-way vacations; management/concession agreements Shall Charter be amended, requiring for all sales/leases(10 years or more)of City property (awarded after November 5, 2024) and right-of-way vacations: • Majority voter approval (includes changing approval for Convention Center Campus/Parking Lots from 60% to majority); • advisory Planning Board review; • planning analysis; • appraisal; • competitive bidding (sales/leases only); • public hearing; and for management/concession agreements (10 years or more): • 6/7 Commission vote; • public hearing; • advisory Planning Board review? Yes No 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 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. The Miami- Dade County Supervisor of Elections will register voters for this Special Election until October 7, 2024. All persons eligible to vote at this Special Election must be registered by the date 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 3 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 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 Charter Amendment 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 Charter Amendment, it shall be considered adopted and effective upon the City Commission's acceptance of certification of final election results. SECTION 12. Upon the Charter Amendment's approval by a majority of the qualified electors of the City voting on such measure in the election and the City Commission's acceptance of certification of final election returns, the City Clerk is hereby directed to have the subject Charter amendment incorporated into the City Charter, file such Amendment with the Clerk of the Circuit Court and file the revised Charter with the Department of State. SECTION 13. In the event that some, but not all, of the Charter amendments on the City's subject November 5, 2024 Special Election ballot are approved by the electors, conforming amendments shall be deemed to be adopted, and the City Attorney is authorized to reflect and implement such revisions to the Charter, to the extent necessary to assure that all amendments adopted conform to one another and to all remaining Charter provisions. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. SECTION 14. 4 If any section, sentence, clause or phrase of this Resolution or of the ballot measure or Charter Amendment set forth in Exhibit A and incorporated 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 this Resolution, ballot measure or Charter Amendment. SECTION 15. • This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ay day of Tily-- , 2024. ATTEST: EN MEINER /7)1 MAYOR RAFAEL E. GRANADO CITY CLERK Of- % INCORP ORATEDI (Sponsored by the Mayor and City Commission) ', ,�.,.�.���h� APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 03D -7 12 Z I zo24-- City Attorney Date 5 EXHIBIT."A" . CITY CHARTER AMENDMENT RE: SALE/LEASE OF CITY PROPERTY; RIGHT-OF-WAY VACATIONS; MANAGEMENT/CONCESSION AGREEMENTS BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT • NOVEMBER 5,2024 SPECIAL ELECTION Ballot Question: ' Charter Section 1.03: Sale/Lease of City property; right-of-way vacations; management/concession agreements Shall Charter be amended, requiring for all sales/leases(10 years or more)of City property . (awarded after November 5, 2024) and right-of-way vacations: • Majority voter approval (includes changing approval for Convention Center Campus/Parking Lots from 60% to majority); • advisory.Planning Board review; • planning,analysis; • appraisal; • competitive bidding (sales/leases only); - • public hearing; and for management/Concession agreements (10 years or more): • 6/7 Commission vote; • public hearing; • advisory Planning Board review'? Proposed Amended Charter Text 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. (b) Disposition of City Property. 1. The sale, exchange, convoyancc, or lease of ten (10)years or longer(including option hy'a-majority vote of . etersr in rJ Citywide referendum This nrnviOien'shall be liberally construn avor oe preservation o a par and waterfront • edi f fth fll k e recreation la 2. : The sale, exchange, conveyance or lease of ten years or longer of the following properties shall also require approval by a majority vote of the voters in a City wide rreferen dum: (1)r�/ots West__nof tthe A--Nor h Qhore. Open Space • A Darkll City-owned property bounded lay 87th'Street on the North Collins Aver+ a en the Cast 79th Street on the South, and Collins Court on the Wst; (2) Gultural Campus:All City owned property hogended'by 22nd Street-on the North Park Avenue on the West 21st Street 6 n� an ami a ive n the East• (3) 7 Ct-e t Darling T e vc� �T ��rrrrr vas t71 rvc�� Lttl:�crar-�vTrG�tfl�vcr cr-rzrrrcm�L�#:the en the East 77nd Street on the.South r and Harding u Avene en the West• (4) 1 incoln i Road Parking /ots• All City owned surface parking lots in the vicinity of 1 innnln Road located within the area bounded by -17th Street en the North Euclid Avenue on the E`st,16th-Stree on the South, and West Avc; ueG rthe West; and (5) A4st Street Corridor• All City owned property in the vicinity of 41 st Street in the area bounded by , West 43rd Street on the North, West 40th Street on the South, Pine Tree Drive on the East, and Alton Road on the West 3. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall require approval by vote of at least sixty (60) percent of the City's vot voting th on in a City-wide r dum• (1) Conv tion Cent Parking vvicefJ�vcmg�nefevn r eFeR eRrrvrr-vvrrcel—r-urrcrrrg I ots• All City_owned surface narking lots located in the Civic and Convention Center District generally bo ended by I innnln I ane on the Soi nth Washington Ayen e on the i t East Meridian Avenue on the West and Dade Boulevard on the North• M\ Convention Fishe- Cl uh House located within the Civic and Convention Center District �i(incldes i City Hall, 1701 Meridian Street, 555 17th Strcct, 21st Street Community Center, The Fillmore Miami Reach/Jackie Gleason Theater and the 17th Street Parking Garage-) e All local laws chart provisions and ordinances of the City in conflict with this �-cn--rvvrn�usvv,�r�uizer�rv�rnvrr� --vr-mc- acceptance of the certification of election rest lts bpi the City Commission 4. The sale, exchange, conveyance or lease of ten years or longer of all remaining City owned propey ( er than public beach righ _of_wa y see (d) herein below and s'al-1 "'YY 7�\� ' �T� of the- a nni Board and 6/7 vote of the City C ssin�Thesaal*eexch e, conveyance or•7lease of ten years or longer of property owned by the Miami Beach members of the Planning Rnard and %vote of the Agency -The terms of this Charter section shall not apply to any valid written contractual commitments or bids or bonded indebtedness, which commitments, bids or indebtedness ev to r to I nary 20 o shall s Chaa section. pply to rnvvvtcvncaa cic�$tc� rEerZv-variz+cr.J 1 4zvA4; �lvr-v� cr �-v -vcv�cry• `.`I"1.'TTZv any Cit enperty w sh;sthe subject of a settlements of a claim which the City had notice of as of January 1 A 200 1. The sale, exchange, conveyance (collectively the "sale"), or lease of ten (10)years or longer(including option periods/renewal terms), of any City-owned property(including. without limitation, air rights and property owned by the Miami Beach Redevelopment Agency or any other City entity/agency)shall be subject to the following requirements_ i. The proposed sale or lease shall be transmitted by the City Manager to the Finance and Economic Resiliency Committee (or its successor committee) for its review; ii. The City's Planning Department shall prepare a written analysis to be submitted to the City Commission concurrent with its consideration of the proposed sale or lease. The minimum criteria for the planning analysis shall be as set forth in the City Code, as same may be amended from time to time; 7 iii. The City shall obtain an independent appraisal of the fair market or rental value of the property. The City Commission may waive this requirement by 5/7ths vote, upon a finding that the public interest would be served by waiving such requirement; iv. There shall be no sale or lease of City property unless there has been an advertised public competitive bidding process. The City Commission may waive this requirement by 5/7ths vote, upon a finding that the public interest would be served by waiving such requirement; v. The proposed sale or lease shall be referred to the City's Planning Board for its review and advisory recommendation (which shall not be binding on the City Commission); vi. The proposed sale or lease shall be approved by a majority vote of the City Commission (A) subject to the City Commission being presented and having considered the material terms of the proposed sale or lease, and (B) following a duly noticed public hearing in order to obtain citizen input on the proposed sale or lease; and vii. The proposed sale or lease shall require approval by a majority of the voters in a Citywide referendum. At lease thirty (30) days prior to the referendum date, the material terms of the proposed sale or lease shall be posted in the Office of the City Clerk and shall be made available for inspection by the public. 2. Vacation of City Right-of-Way. The vacation, sale, exchange, lease, or any other transfer (collectively, the "vacation") of any City-owned, or of any City interest (including, without limitation, air rights) in any street, street-end, sidewalk, alley, or any other right-of-way (collectively, the "right-of-way") shall be subject to the following requirements: i_ The proposed vacation shall be transmitted by the City Manager to the Finance and Economic Resiliency Committee(or its successor committee)for its review; ii. The City's Planning Department shall prepare a written analysis to be submitted to the City Commission concurrent with its consideration of the proposed vacation. The minimum criteria for the planning analysis shall be as set forth in the City Code, as same may be amended from time to time; iii. The City shall obtain an independent appraisal of the fair market value of the property to be vacated. The City Commission may waive the appraisal requirement by 5/7ths vote, upon a finding that the public interest would be served by waiving such requirement; iv. The proposed vacation shall be referred to the City's Planning Board for its review and advisory recommendation (which shall not be binding on the City Commission); v. The proposed vacation shall be approved by a majority vote of the City Commission following a duly noticed public hearing in order to obtain citizen input on the proposed vacation; and vi. The proposed vacation shall be approved by a majority of the voters in a Citywide referendum. 3. Management and Concession Agreements with Private Operators. The City shall not enter into a management or concession agreement with a private party or operator 8 (collectively, "agreement"), having a term of ten (10) years or longer(including option periods/renewal terms), for the management, operation, and/or use of City property (including, without limitation, the City's public beachfront), or of a City facility, without complying with the following requirements: i_ The proposed agreement shall be transmitted by the City Manager to the Finance and Economic Resiliency Committee (or its successor committee) for its review; ii. The proposed agreement shall be referred to the City's Planning Board for its review and advisory recommendation (which shall not be binding on the City Commission); Hi. The proposed agreement shall be approved by 6/7ths vote of the City Commission (A) subject to the City Commission being presented and having considered the final negotiated agreement, and (B) following a duly noticed public hearing in order to obtain citizen input on the proposed agreement. 4. Applicability. Charter Sections 1.03(b)(1), (b)(2), and (b)(3) shall apply to any sale, lease, vacation, or agreement awarded pursuant to a public competitive bidding process (if applicable), or waiver of such process, approved by the City Commission after November 5, 2024. Any sale, lease, vacation, or agreement awarded or approved on or before November 5, 2024 shall continue to be governed by the applicable provisions of Section 1.03 in effect immediately prior to November 5, 2024. (c) The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [November 7, 2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. The provision shall not preclude or otherwise affect the division of lots, or the aggregation of development rights on unified abutting parcels, as may be permitted by ordinance, except that all or a portion of any street, alley, right-of-way, or any public property, may not be vacated, deeded, or otherwise sold or conveyed, if it has the effect of aggregating the floor area of any unified abutting parcels, unless such aggregation of floor area is first approved by a vote of the electors of the City of Miami Beach. In addition, this provision shall not apply to settlements of any claims the City has notice of as of December 10, 2003. This Charter Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach. No rights in derogation of the provisions of this Amendment under any ordinance or any other action of the Miami Beach City Commission between the time this measure is approved by the Miami Beach City Commission for placement on a ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach. (d) Public Beach Rights of Way. The sale, exchange, conveyance, lease, or any other , 0 (e) Public Strcct Ends Bordering GU, GC, or Waterfront Land. The sale, exchange, conveyance, lease, or any other transfer of any City interest in any public street end 9 „ „ require either the „nanimo„s approval of those members of the City Commission with power te-testa-or approval by a-majority vote of the oters� City�,ide referendum , excluding a sale,exchange, conveyance,-lease, or any 4rarnsfer not exceedi in width of s„ch street end ,shish advances a significant p„blic p„rpose and excl„ding , underground utility easements , the approval of a majority it/7 vote of all members of the Planning Board and 6.`/7 vote of the-Cit Co +ssion. For purposes of t is s sectio berm "o�# r rty” shall , 10