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2008-26874 ResoRESOLUTION NO. 2008-26874 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE AUGUST 26, 2008 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING RESULTS THEREOF. WHEREAS, the Certification of the results of the City of Miami Beach Special Election has been received and is attached hereto as Composite Exhibit "A" and is incorporated herein; and WHEREAS, said Certification reflects that the following ballot question was approved by the electorate of the City of Miami Beach: CHANGING "RECREATION OPEN SPACE" FUTURE LAND USE MAP CATEGORY DESIGNATION -CITY COMMISSION UNANIMOUS VOTE REQUIRED THE CITY' S COMPREHENSIVE PLAN FUTURE LAND USE MAP MAYBE AMENDED BY FOLLOWING CERTAIN PROCEDURAL CITY LAW REQUIREMENTS, INCLUDING REQUIRING AMENDMENTS BE APPROVED BY 5/7 VOTE OF CITY COMMISSION; SHALL THE CHARTER BE AMENDED TO INCREASE COMMISSION'S VOTE FROM 5/7 to 7/7 (UNANIMOUS) FOR LAND USE MAP AMENDMENTS CHANGING LAND DESIGNATED "RECREATION OPEN SPACE" AS OF THIS MEASURE'S ADOPTION DATE AND THEREAFTER, TO A LAND USE CATEGORY OTHER THAN "PUBLIC FACILITY" OR "PUBLIC FACILITY: EDUCATIONAL"? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having canvassed the returns of the August 26, 2008 Special Election of the City of Miami Beach, it hereby adopts the certificate as to the results of said Special Election and it is hereby ordered that the Certificate of Election and this Resolution be recorded in the minutes of the meeting as a permanent record of the results of said Election; and be it further resolved that as a result of the City of Miami Beach August 26, 2008 Special Election, the following question was approved: CHANGING "RECREATION OPEN SPACE" FUTURE LAND USE MAP CATEGORY DESIGNATION -CITY COMMISSION UNANIMOUS VOTE REQUIRED THE CITY' S COMPREHENSIVE PLAN FUTURE LAND USE MAP MAYBE AMENDED BY FOLLOWING CERTAIN PROCEDURAL CITY LAW REQUIREMENTS, INCLUDING REQUIRING AMENDMENTS BE APPROVED BY 5/7 VOTE OF CITY COMMISSION; SHALL THE CHARTER BE AMENDED TO INCREASE COMMISSION'S VOTE FROM S/7 to 7/7 (UNANIMOUS) FOR LAND USE MAP AMENDMENTS CHANGING LAND DESIGNATED "RECREATION OPEN SPACE" AS OF THIS MEASURE'S ADOPTION DATE AND THEREAFTER, TO A LAND USE CATEGORY OTHER THAN "PUBLIC FACILITY" OR "PUBLIC FACILITY: EDUCATIONAL"? PASSED and ADOPTED this 10th day of September, 2008. ATTEST: O Matti Herrera Bower ~ ~~~ CITY CLERK Robert Parcher Q~~ FQRNt ~ t~Ahi~UAt3E ~ F4?~ E?~~tlTiOt~ .~-~- ~~~~ - S ~ ~ o~ JO/sc F:\atto\OLIJ\ELECTION\RESO\RESULT SPECIAL ELECT 8-26-08.doc OFFICE OF THE CITY ATTORNEY ~~ L 0 R JOSE SMITH City Attorney ~~ * ,~ ~ ~ COMMISSION MEMORANDUM Telephone: (305) 673-7470 Facsimile: (305) 673-7002 DATE: SEPTEMBER 10, 2008 TO: MAYOR MATTI H. BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GONZALEZ FROM: JOSE SMITH CITY ATTORN SUBJECT: CITY RESOLUTION ACCEPTING RESULTS OF THE AUGUST 26, 2008 SPECIAL ELECTION AND DECLARING THE ELECTION RESULT Attached hereto is a Resolutionl adopting the Certificate of the Results of the August 26, 2008 Special Election for the City of Miami Beach, and declaring the election result. The passage of this Resolution effectively concludes acceptance of election returns for the City of Miami Beach's August 26, 2008 Special Election. JO/sc F:\atto\OLIJ\ELECTION\RESO\CMEMO\Results of Special Elect - 9-10-08.doc Upon receipt and finalization of the Certification of Election Results, same shall be attached to the Resolution. D A Agenda Item ~ 7~ 1700 Convention Center Drive -- Fourth Floor -- Miami Beach. Date 9-1D-~' * Official* CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA COUNTY OF MIAMI-DADS We, the undersigned, County Court Judge SHELLEY J. KRAVITZ, Chairperson, Board of County Commissioners, JOSE "PEPE" DIAZ, Member, and Supervisor of Elections LESTER SOLA, Member, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 26th day of August, A.D., 2008, and proceeded to publicly canvass the votes cast for the charter amendment question herein specified at the City of Miami Beach Special Election held on the 26th day of August, A.D., 2008, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: Changing "Recreation Open Space" Future Land Use Map Category Designation - City Commission Unanimous Vote Required The City's Comprehensive Plan Future Land Use Map may be amended by following certain procedural City law requirements, including requiring amendments be approved by 5/7 vote of City Commission; Shall the Charter be amended to increase Commission's vote from 5/7 to 7/7 (unanimous) for Land Use Map amendments changing land designated "Recreation Open Space" as of this measure's adoption date and thereafter,. to a land use category other than "Public Facility" or "Public Facility: Educational"? Shall the above-described Charter amendment be adopted? YES received 3,956 votes NO received 2,059 votes ** Official ** MIAMI-DARE COUNTY CANVASSING BOARD: ~~~~ County Court Judge SHELLEY J. KRAVITZ Chairperson ~ _ ~~ Commissioner JOS "PEPS" DIAZ Supervisor of Electiopls LESTER SOLA Member Date Certified: August 29. 2008