R7E-Call Nov 4 Spec Election Vote Requirements For Mgmt Or Concession Agmts&IF MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUT J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:
DATE:
RAUL J. AGUTL;?.rI Cr.t-
CITY ATTORNEY
JULY 30,2014
suBJEcr: RESoLUTION GALLING NOVEMBER4, 2014sPEclAL ELEGTIoN:
AMENDMENT TO GIry CHARTER SECTION 1.03 TO REQUIRE 417 VOTE OF MEMBERS
OF PLANNING BOARD AND 6/7 VOTE OF GITY COMMISSION PRIOR TO GIry ENTERING
INTO ANY MANAGEMENT OR CONCESSION AGREEMENT WITH PRIVATE PARTY FOR
10 YEARS OR LONGER (INCLUDING OpTtON PERIODS).
Pursuant to the request of City Commissioner Ed Tobin, and consistent with City Commission
directives from its July 23, 2014 meeting, the attached Resolution has been prepared calling for
a City of Miami Beach Special Election to be held on November 4, 2014 for the purpose of
submitting to the City's voters the following ballot question:
Shall Charter Section 1.03 be amended to require approval by 4/7 vote of all members of
Planning Board and 6/7 vote of City Commrssion prior to City entering into any Management or
Concession Agreement with a private party for 10 years or longer (including option periods) for
the management, operation and/or use of City property (including public beaches) or a City-
owned facility, exempting therefrom City agreements with Federal, State or Local governmental
entities?
Under existing City law, majority approval of the City Commission is required in order for the
City to enter into a Management or Concession Agreement. This Charter amendment proposes
to impose a heightened approval requirement for the City's entrance into such Agreements with
private parties when Agreement terms are ten years or longer (including option periods),
whereby approval shall require 417 vole of all Planning Board members and 617 vote of the City
Commission. Since Charter section 1.03 governs City procedures applicable to disposition of
City-owned property, this measure is thus presented as a proposed Charter amendment,
necessitating voter approval prior to adoption.
Finally, pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 4, 2014
ballot is August 5,2014. Accordingly, this matter is timely presented to the City Commission and
Agenda ltem RJE,.
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adoption of the attached Resolution may take place at today's meeting.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR AN NOVEMBER 4,2014 SPECIAL ELECTION, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH,
FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03 GOVERNING..POWERS OF CITY" SHOULD BE AMENDED TO REQUIRE APPROVAL BY 4/7 VOTE OF
MEMBERS OF PLANNING BOARD AND 6/7 VOTE OF CIry COMMISSION PRIOR TO CITY
ENTERING INTO ANY MANAGEMENT OR CONCESSION AGREEMENT WITH A PRIVATE
PARTY FOR 10 YEARS OR LONGER (TNCLUDING OpTtON PER|ODS) FOR THE
MANAGEMENT, OPERATION AND/OR USE OF Ctry pROpERTy (INCLUDING PUBLIC
BEACHES} OR A CITY.OWNED FAG!LIry, EXEMPTING THEREFROM CITY AGREEMENTS
WITH FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITIES.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
sEcTtoN 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 4,2014,
for the purpose of submitting to the electorate the question as set forth hereinafter.
sEcTtoN 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 as set forth in the attached Exhibit "A".
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
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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.
sEcTtoN 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 ELECT]ON HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID C]TY FROM 7:OO
A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER,2014, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
Citv Charter Section 1.03:
Manaqement Aqreements and Concession Aoreements.
Shall Charter Section 1.03 be amended to require approval by 4t7 vote of all members of
Planning Board and 617 vote of City Commission prior to City entering into any Management or
Concession Agreement with a private party for 10 years or longer (including option periods) for
the management, operation and/or use of City property (including public beaches) or a City-
owned facility, exempting therefrom City agreements with Federal, State or Local governmental
entities?
Yes
No
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and 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 4,
2014, hereby called, shall be in substantially the following form, to-wit:
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..OFFIClAL BALLOT"
Citv Charter Section 1.03:
Manaoement Aoreements and Concession Aoreements.
Shall Charter Section 1.03 be amended to require approval by 417 vote of all members of
Planning Board and 617 vote of City Commission prior to City entering into any Management or
Concession Agreement with a private party for 10 years or longer (including option periods) for
the management, operation and/or use of City property (including public beaches) or a City-
owned facility, exempting therefrom City agreements with Federal, State or Local governmental
entities?
Yes
No
SEGTION 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 5:00 p.m. on _, 2014. All
persons eligible to vote at this Speclal Election must be registered before the time and 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 Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the 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
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absentee voting.
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 1 1.
lf 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 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
2014.
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & LANGUAGE
---r & FOA EXECUTION/;U,; r,'r,o
City Attorn€y Dole
(Requested by Commissioner Ed Tobin)
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CITY OF MIAMI BEACH CHARTER SECTION 1.03:
PROPOSED BALLOT QUESTION AND AMENDED Ctry CHARTER TEXT
NOVEMBER 4, 2014 SPECIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
City Charter Section 1.03:
Manaqement Aoreements and Concession Aqreements.
Shall Charter Section 1.03 be amended to require approval by 4t7 vote of all members of
Planning Board and 617 vote of City Commission prior to City entering into any Management or
Concession Agreement with a private party for 10 years or longer (including option periods) for the
management, operation and/or use of City property (including public beaches) or a City-owned
facility, exempting therefrom City agreements with Federal, State or Local governmental entities?
II. PROPOSED AMENDED C!ry CHARTER TEXT:
City of Miami Beach Charter:
Sec. 1.03. Powers of eCity.
(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) *t+enabili$ Disposition of City pflroperty.
1. The enly limitatien eeneerning alienability ef Gity ewned park, reereatien er waterfrent
@Thesale,exchange,conVeyance.orleaseoften(10)yearsorlonger
(ncluding option periods) of City-owned park, recreation, or waterfront propefi in+ne+iry-*++iamiBea€h, apprenee approval by a
majority vote of the voters in a City-wide referendum. This provision shall be liberally construed in
favor of the preservation of all park, recreation and waterfront lands.
2. The sale, exchange, conveyance or lease of ten years or longer of the following propertles
shall also require approval by a majority vote of the voters in a City-wide referendum: (1) Lots West
of the North Shore Open Space Park: All City-owned property bounded by 87th Street on the North,
Collins Avenue on the East, 79th Street on the South, and Collins Court on the West; (2) Cultural
Campus: All City-owned propefi bounded by 22nd Street on the North, Park Avenue on the West,
21st Street on the South, and Miami Beach Drive on the East; (3) 72nd Sfreef Parking Lof; The City-
owned surface parking lot bounded by 73rd Street on the North, Collins Avenue on the East, 72nd
Street on the South, and Harding Avenue on the West; and (4) Lincoln Road Parking Lofs; All City-
owned surface parking lots in the vicinity of Lincoln Road located within the area bounded by 17th
Street on the North, Euclid Avenue on the East, 16th Street on the South, and West Avenue 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 voters voting thereon in a
City-wide referendum: (1) Convention Center Parking Lofs; All City-owned surface parking lots
located in the Civic and Convention Center District, generally bounded by Lincoln Lane on the
South, Washington Avenue on the East, Meridian Avenue on the West and Dade Boulevard on the
North; (2) Convention Center Campus: All City-owned property, except for the Convention Center
and Carl Fisher Club House, located within the Civic and Convention Center District (includes City
Hall, 1701 Meridian Street, 555 17th Street, 21st Street Community Center, The Fillmore Miami
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Beach/Jackie Gleason Theater, and the 17th Street Parking Garage). All local laws, charter
provisions and ordinances of the City in conflict with this provision are hereby repealed. This
provision shall become effective immediately upon acceptance of the certification of election results
by the City Commission.
4. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-
owned property (other than public beach rights-of-way - see (d) herein below, and other than those
properties addressed more specifically in this Charter section 1.03) shall, as provided by Ordinance,
require approval by a majority 417 vote of all members of the Planning Board and 6t7 vote of the City
Commission.
5. 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 existed
prior to January 14, 2004; nor shall this Charter section apply to any City property which is the
subject of a settlements of a claim which the City had notice of as of January 14,2004.
(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 , 20011, 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
othenrise affect the division of lots, or the aggregation of development rights on unified abutting
parcels, as may be permitted by ordinance. ln 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
transfer of any City interest in a public beach right-of-way (extending eastward from Collins
Avenue/Ocean Drive to the erosion control line) shall require approval by a majority vote of the
voters in a Citywide referendum, excluding permits of no greater than one year, and excluding the
sale, exchange, conveyance, lease or any other transfer not exceeding 10% in width of such public
beach right-of-way.
(e) Public Sfreef-Ends Bordering GU, GC, or Wateffront Land. The sale, exchange, conveyance,
lease, or any other transfer of any City interest in any public street-end bordering on land designated
"Government Use", "Golf Course" or Waterfront land, shall require either the unanimous approval of
those members of the City Commission with power to vote or approval by a majority vote of the
voters in a Citywide referendum, excluding a sale, exchange, conveyance, lease, or any other
transfer not exceeding 10o/o in width of such street-end which advances a significant public purpose,
and excluding underground utility easements.
(! Manaqement and Concession Aqrcements with Private Operators. The Cifu shall not enter into a
management aoreement or concession aqreement with a orivate oarty or operator, havino a term of
ten (10) vears or lonqer (includino ootion periods). for the manaoement. operation, and/or use of
Citv-owned property. or of a City-owned facility. without obtaininq the approval of a maiority 4/7 vote
of all members of the Planninq Board and 6/7 vote of the City Commission. For purposes of this
Beach. from Government Cut to 87'n Terrace. The term "private partv or operatod'shall exclude anv
political subdivisions and/or qovernmental aqencies. deoartments. and/or divisions of the United
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States, the State of Florida. or Miami-Dade County.
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