2004-25661 Reso
RESOLUTION NO.
2004-25661
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, 2004 FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH
AN ADVISORY, NON-BINDING STRAW BALLOT
QUESTION ASKING WHETHER THE 63RD STREET
FL YOYER SHOULD BE PRESERVED (NOT DEMOLISHED).
WHEREAS, the purpose and intent of this Resolution is to obtain an expression of elector
sentiment with respect to a matter of substantial concern to the electors of the City of Miami Beach;
and
WHEREAS, the governing body ofthe City of Miami Beach finds that the issue of whether
to preserve or to demolish the 63 RD Street Flyover deserves an advisory, non-binding referendum to
assess public support for this proposition.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws ofthe 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 2,2004, for the
purpose of submitting to the electorate the advisory, non-binding straw ballot 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 ofthe results of said Special
Election being accepted by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk ofthe 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 ofthe State of Florid a governing voterregistration. 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 4,2004, between the hours
of9:00 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 Miami-Dade County. All questions concerning voter
registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8ih Avenue,
Miami, Florida 33172, Telephone 305 499-8500.
SECTION 5.
Copies of the advisory, non-binding straw ballot question shall be made available to the
electors at the office ofthe 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, 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.
2
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, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO
THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT
QUESTION:
ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET
FLYOVER.
SHOULD THE FLYOVER AT THE INTERSECTION OF 63RD STREET AND INDIAN
CREEK BE PRESERVED (NOT DEMOLISHED)?
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be held on November 2,2004, 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, 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 TO 7:00 P.M. ON THE 2ND DAY
OF NOVEMBER, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE
DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH
3
THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION:
ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET
FLYOVER.
SHOULD THE FLYOVER AT THE INTERSECTION OF 63RD STREET AND INDIAN
CREEK BE PRESERVED (NOT DEMOLISHED)?
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 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.
PASSED and ADOPTED this30thday of
,2004.
This resolution shall be effective immediately:
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
4
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Date
(Requested by Vice Mayor Richard L. Steinberg)
F:\atto\OLIJlRES-ORD\Straw Ballot Question - 63rd ST Flyover for 11-2-04 Reso.doc
City of Miami Beach - Straw Ballot Questions for November 2, 2004 Election
Question 1
ADVISORY, NON-BINDING STRAW BALLOT QUESTION - BAY LINK
STREETCAR RAIL SYSTEM.
SHOULD MIAMI BEACH APPROVE THE CONSTRUCTION OF AN
ELECTRICALLY OPERATED STREETCAR TRANSPORTATION SYSTEM
COMMONLY KNOWN AS "BAY LINK", RUNNING ON TRACKS AND
CONNECTING A LOOP AROUND DOWNTOWN MIAMI TO A LOOP AROUND
SOUTH BEACH VIA A DEDICATED LANE ADDED TO THE MACARTHUR
CAUSEWAY, PROVIDED THAT NO CONCURRENCY OR DEVELOPMENT
CREDITS ARE GRANTED BY MIAMI BEACH FOR THE TRANSPORTATION
SYSTEM AND PROVIDED FURTHER THAT ALL CONSTRUCTION COSTS
ARE PAID ENTIRELY FROM FEDERAL, STATE, AND COUNTY FUNDS?
Question 2
ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET
FL YOVER.
SHOULD THE FL YOVER AT THE INTERSECTION OF 63RD STREET AND
INDIAN CREEK BE PRESERVED (NOT DEMOLISHED)?
Question 3
ADVISORY, NON-BINDING STRAW BALLOT QUESTION - ANNUAL LIMIT
ON LARGE PROJECTS.
SHOULD THE MIAMI BEACH COMPREHENSIVE PLAN BE AMENDED
TO ESTABLISH ANNUAL LIMITS WHERE APPROPRIATE ON THE
CONSTRUCTION OF NEW BUILDINGS THAT ARE LARGER THAN
50,000 SQUARE FEET?
C:\Documents and Settings\clerparr\Local Settings\Temporary Internet
Files\OLK4\Straw ballot questions 11-02-04.doc
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: AUGUST 30.,2004
TO: MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JORGE M. GONZALEZ
FROM: MURRAYH.DUBBI~
CITY ATTORNEY
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION --
STRAW BALLOT QUESTION: 63RD STREET FLYOVER
Pursuant to the request of Mayor David Denner, the attached Resolution has been drafted,
calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question
concerning the 63rd Street Flyover.
Inasmuch as September 3, 2004 is the County's deadline date for passage of Resolutions for
placement on the November 2,2004 ballot, placement of the subject straw ballot question on the
November 2,2004 ballot would require passage of the attached Resolution today.
F:lattoIOLlJlRES-ORDIMEMOSIStraw Ballot Question - 63rd ST Flyover for 11-2-04 (Second Version).doc
1700 Convention Center Drive -- Fourth Floor -- Miami Beacl
Agenda Item
Date
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH. FLORIDA 33139
DAVID DERMER
MAYOR
Memo
a ager, City Clerk and City Attorney
Re: Straw Ballot Questions for the August 301\ 2004 Special Commission Meeting
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C" ::- The f~llowing two questions are being proposed for the above said meeting:
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';7' ;a :~j) \SHOULD THE FL YOVER AT THE INTERSECTION OF 63RD STREET
Uj s :.i \\ND INDIAN CREEK BE DEMOLISHED?
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uJ s:a 2j. SHOULD THE LIGHT RAIL CONSTRUCTION PROJECT KNOWN AS
0' ~ ~ ';BAY LINK" THAT WOULD CONNECT DOWNTOWN MIAMI TO THE
c--> 0 lflIAMI BEACH CONVENTION CENTER BE CONSTRUCTED WITHIN
THE CITY OF MIAMI BEACH?
Please advise the City Attorney's Office of any substitute questions by August 201\ 2004.
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: AUGUST 301\ 2004
TO: MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JORGE M. GONZALEZ
FROM: MURRAY H. DUBBIN~
CITY ATTORNEY
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION --
STRAW BALLOT QUESTION: 63RD STREET FL YOVER
Pursuant to the request of Vice Mayor Richard L. Steinberg, the attached Resolution has been
drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot
question concerning the 63rd Street Flyover.
Inasmuch as September 3,2004 is the County's deadline date for passage of Resolutions for
placement on the November 2, 2004 ballot, placement of the subject straw ballot question on the
November 2,2004 ballot would require passage of the attached Resolution today.
F:lattoIOLIJIRES-ORDIMEMOSIStraw Ballot Question - 63rd ST Flyover for 11-2-04.doc
Agenda Item
1700 Convention Center Drive - Fourth Floor -- Miami Bea Date
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: AUGUST 30, 2004
TO: MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JORGE M. GONZALEZ
FROM: MURRAY H. DUBBIN W~
CITY ATTORNEY
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION --
STRAW BALLOT QUESTION: 63RD STREET FL YOVER (SHOULD FDOT
KEEP SINGLE LANE FL YOVER RATHER THAN REPLACING IT WITH
THREE LANES AT STREET LEVEL?)
Pursuant to the request of Commissioner Saul Gross, the attached Resolution has been
drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot
question concerning the 63rd Street Flyover.
Inasmuch as September 3, 2004 is the County's deadline date for passage of Resolutions for
placement on the November 2,2004 ballot, placement of the subject straw ballot question on the
November 2,2004 ballot would require passage of the attached Resolution today.
JKO/ed
F:\attoIOLUlRES-0RDIMEMOSIStraw Ballot Question - 63rd ST Flyover for 1 I -2-04 (Gross Version).doc
Agenda Item
1700 Convention Center Drive -- Fourth Floor -- Miami Beacll Date
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: AUGUST 30, 2004
TO: MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JORGE M. GONZALEZ
FROM: MURRAYH.DUBBIN ~
CITY ATTORNEY
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION --
STRAW BALLOT QUESTION: 63RD STREET FL YOVER (SHOULD FDOT
PROJECT INCLUDE REPLACEMENT OF SINGLE LANE FL YOVER
WITH THREE LANES AT STREET LEVEL?)
Pursuant to the request of Commissioner Matti Herrera Bower, the attached Resolution has
been drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw
ballot question concerning the 63rd Street Flyover.
Inasmuch as September 3, 2004 is the County's deadline date for passage of Resolutions for
placement on the November 2,2004 ballot, placement of the subject straw ballot question on the
November 2, 2004 ballot would require passage ofthe attached Resolution today.
JKO/ed
F:\attoIOLUlRES-ORDIMEMOSlStraw Ballot Question - 63rd ST Flyover for 11-2-04 (Bower Version).doc
Agenda Item
1700 Convention Center Drive -- Fourth Floor -- Miami Bea( Date
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