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Home My WebLink About2006-26236 Reso RESOLUTION NO. 2006-26236 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 7,2006, 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 A PUBLIC VOTE PRIOR TO THE TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions ofthe Charter ofthe 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 7, 2006, 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 ofthe certification ofthe 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 in which the official registration books show that the said electors reside. 1 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 obtain registration forms to vote at the Office ofthe 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. 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, III Northwest 1st Street, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box 521550, Doral, Florida 33152-1550; Telephone: (305)375-5553. SECTION 5. 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 S 1 00.342, Florida Statutes, and Section 38-3 ofthe Code of the City of Miami Beach. SECTION 6. 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 7TH DAY OF NOVEMBER, 2006, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 SECTION 8. 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 absentee voting. SECTION 9. 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 10. If 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 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 12th day of July, 2006. ATTEST: David Dermer ~Cf-, )t~ j,.y CITY CLERK . d o . Robert Parcher APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION v~ F:\atto\OLIJ\ELECTION\RESO\Pub Vote on Pub Bch Right of Way. doc 4 PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS SHALL MIAMI BEACH CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE VOTER APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS (EXTENDING EASTWARD FROM COLLINS AVENUE/OCEAN DRIVE TO THE EROSION CONTROL LINE), EXCLUDING PERMITS OF NO GREATER THAN ONE YEAR, AND EXCLUDING THE SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFERS NOT EXCEEDING 10% IN WIDTH OF SUCH PUBLIC BEACH RIGHT OF WAYS? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on November 7, 2006, hereby called shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS SHALL MIAMI BEACH CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE VOTER APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS (EXTENDING EASTWARD FROM COLLINS A VENUE/OCEAN DRIVE TO THE EROSION CONTROL LINE), EXCLUDING PERMITS OF NO GREATER THAN ONE YEAR, AND EXCLUDING THE SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFERS NOT EXCEEDING 10% IN WIDTH OF SUCH PUBLIC BEACH RIGHT OF WAYS? YES NO 3 PROPOSED BALLOT QUESTION AND TEXT - NOVEMBER 7, 2006 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS SHALL MIAMI BEACH CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE VOTER APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS (EXTENDING EASTWARD FROM COLLINS AVENUE/OCEAN DRIVE TO THE EROSION CONTROL LINE), EXCLUDING PERMITS OF NO GREATER THAN ONE YEAR, AND EXCLUDING THE SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFERS NOT EXCEEDING 10% IN WIDTH OF SUCH PUBLIC BEACH RIGHT OF WAYS? II. PROPOSED 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) Alienability of property. 1. The only limitation concerning alienability of City-owned park, recreation or waterfront property is the restriction of the sale, exchange, conveyance or lease of ten (10) years or longer (including option periods) of park, recreation, or waterfront property in the City of Miami Beach, unless such sale, exchange, conveyance or lease is approved 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 properties 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 A venue on the East, 79th Street on the South, and Collins Court on the West; (2) Cultural Campus: All City-owned property bounded by 22nd Street on the North, Park Avenue on the West, 21 st Street on the South, and Miami Beach Drive on the East; (3) 72nd Street Parking Lot: 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; (4) Convention Center Parking Lots: All City-owned surface parking lots located in the Civic and Convention Center District, generally bounded by Lincoln Lane on the South, Washington A venue on the East, Meridian Avenue on the West and Dade Boulevard on the North; and (5) Lincoln Road Parking Lots: 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 all remaining City-owned property (other than public, beach right of ways - see (d) hereinbelow) shall, as provided by Ordinance, require approval by a majority (4/7) vote of all members of the Planning Board and five-sevenths vote of all members of the City Commission. 4. 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, 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. 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. @ Public Beach Right ofWavs. 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 maiority 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. JO/sc F:\atto\OLIJ\pub bch right of way 5-11-06.doc OFFICE OF THE CITY ATTORNEY ~ t/JItiomi 1/mM F L o A D A JOSE SMITH City Attorney Telephone: Facsimile: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: JULY 12, 2006 TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY C CITY MANAGER JORGE ... FROM: JOSE SMITH CITY ATTORN SUBJECT: A RESOLUTION CALLING FOR NOVEMBER 7, 2006 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 A PUBLIC VOTE PRIOR TO THE TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS. Pursuant to City Commission directive ofJune 6, 2006, the attached Resolution has been drafted calling for a November 7,2006 Special Election to consider the following ballot question amending S 1.03 of the Miami Beach City Charter: . PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS SHALL MIAMI BEACH CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE VOTER APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS (EXTENDING EASTWARD FROM COLLINS AVENUE/OCEAN DRIVE TO THE EROSION CONTROL LINE), EXCLUDING PERMITS OF NO GREATER THAN ONE YEAR, AND EXCLUDING THE SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFERS NOT EXCEEDING 10% IN WIDTH OF SUCH PUBLIC BEACH RIGHT OF WAYS? The attached Resolution is in proper form and is thus ready for the City Commission's review. F:lattoIOLIJIELECTIONlRESOICMEMOIReso on Spec Elect Pub Bch Right of Way.doc Ag end a I te m .R 7 G- 1700 Convention Center Drive -- Fourth Floor -- Miami Bead Date 7 -/ 2-o~