2004-25660 Reso
RESOLUTION NO. 2004-25660
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 CITY OF
MIAMI BEACH SHOULD APPROVE CONSTRUCTION OF THE BAY LINK
STREETCAR TRANSPORTATION SYSTEM?
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH:
WHEREAS, the purpose and intent ofthis 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 of the City of Miami Beach finds that the issue of whether the City
of Miami Beach should approve construction of the Bay Link Streetcar Transportation System 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
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 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 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 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 thehoursof9:00 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. 87th 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 of the 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 ofthe Code ofthe City
of Miami Beach.
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
2
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 - 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?
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 SUBMITIED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY,
NON-BINDING STRAW BALLOT QUESTION:
3
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 P AID ENTIRELY FROM
FEDERAL, STATE, AND COUNTY FUNDS?
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.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this30tlrlay of
ATTEST:
~oe~
CITY CLERK
F:\atto\OLIJ\RES-ORDlStraw Ballot Question-Light Rail Transit Reso for 11-2-04 (Final Version).doc
APPROVED AS TO
FORM & LANGUAGE
FOR CUTION
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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?
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUB BIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: AUGUST 30 ,200'4
TO: MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBI~
CITY ATTORNEY >4'119
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2,2004 SPECIAL ELECTION--STRA W
BALLOT QUESTION: BAYLINK PROJECT
Pursuant to the request of Mayor David Dermer, the attached Resolution has been drafted,
calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question
regarding the Baylink Project.
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.
JKOled
F:laltoIOLIJIRES-ORDIMEMOSIStraw Ballot Question - Light Rail Transit for 11-2-04.doc
1700 Convention Center Drive -- Fourth Floor -- Miami
Agenda Item 1<9 AI
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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 Oflf [n..
CITY ATTORNEY
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION--STRA W
BALLOT QUESTION: STREETCAR TRANSPORTATION SYSTEM
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
regarding the Streetcar Transportation System.
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.
JKOIed
F:latto\OLlJlRES-ORDIMEMOS\Straw Ballot Question - Streetcar Transit for 11-2-04 (Gross Version).doc
1700 Convention Center Drive -- Fourth Floor - Miami Beac
Agenda Item
Date
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8-30-0<(
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 o.P~
CITY ATTORNEY
SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2, 2004 SPECIAL ELECTION--STRA W
BALLOT QUESTION: STREETCAR/LIGHT RAIL TRANSPORTATION
SYSTEM
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
regarding the Streetcar/Light Rail Transportation System.
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.
JKOIed
F:\attoIOLIJlRES-ORDIMEMOSIStraw Ballot Question - Light Rail Transit for 11-2-04 (Bower Version).doc
Agenda Item
1700 Convention Center Drive -- Fourth Floor -- Miami Beat Date
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