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HomeMy WebLinkAboutR-00-0715J-00-804 9/7/00 0 � 7 5 RESOLUTION NO. �-! �a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO AUTHORIZE THE CITY COMMISSION TO TRANSFER ASSETS OF THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO THE CITY OF MIAMI ("CITY"), AND TO ALLOW FOR THE OPERATION, MANAGEMENT AND CONTROL OF "OFF-STREET PARKING FACILITIES OF THE CITY" BY THE CITY, DOSP, OR NON-GOVERNMENTAL ENTITIES, AT THE DISCRETION OF THE CITY COMMISSION, AS DETERMINED BY WHICHEVER IS DEEMED TO BE IN THE BEST INTEREST OF THE CITY; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID REFERENDUM; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. WHEREAS, the City Commission of Miami has determined that it is in the best interest of the City that the City Commission be authorized to transfer assets of the Department of Off -Street Parking ("DOSP") to the City of Miami ("City"), and to allow for the operation, management and control of "off-street parking CITY CoMuSSION MEETING OF SEP - 7 2000 jte olutiou j SS i t CITY CoMuSSION MEETING OF SEP - 7 2000 jte olutiou j facilities of the City" by the City, DOSP, or non-governmental entities, at the discretion of the Commission; and WHEREAS, on September 7, 2000, by its adoption of Resolution No. 00-714, the City Commission directed the .City Attorney to prepare a proposed Charter Amendment to authorize the City Commission to transfer DOSP's assets and allow for a change from the current operation, management and control of DOSP's parking facilities; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a referendum special election to be held on November 7, 2000, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 23 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), entitled "Department of Off -Street parking; Off -Street Parking Page 2 of 9 00— 715 Board," is hereby proposed to be amended in the following particulars:V "Sec. 23. Department .of off-street parking; off- street parking board. (1) Notwithstanding any provision to the contrary contained in this Charter, the City Code, or any ordinances of the City, the City Commission may transfer, by a duly enacted ordinance, any and all assets of the department to the City at anx time. (m) Notwithstanding any provision to the contrarx contained in this Charter, the City Code, or any ordinances of this City, the operation, management and control of any and all of the off-street parking facilities of the City, now owned or hereinafter acquired by DOSP or the City, may be exercised by the department, the City, or non-governmental entities, at the discretion of the City Commission, which will make such selection upon determining which entity or entities would provide the greatest benefit to the City. To facilitate such selection, the City Manager may initiate a solicitation process." The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 1. Section 3. In accordance with the provisions of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended) and §503 of the Miami -Dade County Home Rule Charter, a referendum special election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 7, 2000, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 1. �i Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 3 of 9 00— 715 Section 4. The referendum special election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as. Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling places on said election,date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to election precincts wholly or partly within the City,'and which the City is hereby adopting and desires to use for holding such referendum special election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section 5. In compliance with Section 100.342, Florida Statutes (1999), the City Clerk is hereby authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid referendum special municipal election is to be held, in Page 4 of 9 "� 715 newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 00-715 A referendum special election will be held on Tuesday, November 7, 2000 from 7:00 A.M. until 7:00 P.M. in the City of Miami,,.Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall the Miami City Charter be amended to authorize the City Commission to transfer assets of the Department of Off -Street Parking (DOSP) to the City of Miami (City) , and further amended to allow for the operation, management and control of "off-street parking facilities of the City" by the City, DOSP, or non- governmental entities, at the discretion of the City Commission, determined by whichever is deemed to be in the best interest of the City?" Charter Amendment No. l authorizes the City Commission to transfer assets of the Department of Off - Street Parking (DOSP) to the City of Miami (City) , and further allows for the operation, management and control of "off-street parking facilities of the City" by the City, DOSP, or non-governmental entities, at the discretion of the City Commission, determined by whichever is deemed to be in the best interest of the City. By order of the Commission of the City of Miami, Florida. CITY CLERK A list of City of Miami polling places follows: (Insert list of City of Miami polling places.)" Page 5 of 9 — 5 Section 6. The official ballot to be used at said referendum special election shall be in full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 7, 2000 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: -------------------------------- Charter Amendment authorizing assets transfer and operation, management and control change for Off -Street Parking Department. YES (For the Measure) NO (Against the Measure) "Shall the Miami City Charter be amended to authorize the City Commission to transfer assets of the Department of Off -Street Parking (DOSP) to the City of Miami (City), and further amended to allow for the operation, management and control of "off-street parking facilities of the City" by the City, DOSP, or non-governmental entities, at the discretion of the City Commission, determined by whichever is deemed to be in the best interest of the City?" Section 7. Electors desiring to vote in approval of said Question described above, shall be instructed to punch straight down with the stylus through the hole next to the word "YES" within the ballot frame containing the statement relating to the Question. Electors desiring to vote to disapprove the Page 6 of 9 — 715 Question, shall be instructed to punch straight down with the stylus through the hole next to the word "NO" within the ballot frame containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said referendum special election. Section 9. All qualified electors of said City shall be permitted to vote in said referendum special election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said referendum special election to be held on November 7, 2000, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 111 N.W. 1st Street, Miami, Florida, within such period of time as may be designated by the Page 7 of 9� 715 Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described referendum special election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. WALTER J. FOEMAN, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said referendum special election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the date of the herein referendum special election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 8 of 9 715 PASSED AND ADOPTED this 7th CITY CLERK day of September 2000. ECTNESS:t/ Page 9 of 9d. 71 N 0 I A CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorneyl�-- DATE: August 31, 2000 RE: Special City Commission — September 7, 2000 Public Hearing for consideration of proposed Charter Amendments related to the restructure of the Department of Off -Street Parking and the Off -Street Parking Board (J -00 -799/J -00 -796/J -00 -797/J -00-795/J-00-661) Two of the attached resolutions have been drafted pursuant to discussion with the City Manager and from a review of the transcript of the City Commission meeting concerning members of the City Commission's preferences for possible alternative Charter questions related to the structure of the Department of Off -Street Parking ("DOSP")(J-00-799 and J-00-796). The resolutions contain "blanks" which will be clarified after City Commission discussion regarding the number of appointments intended to be made by the City and the effective date of the proposed change. If the Charter question restructuring the DOSP Board is approved to be on the ballot, the City Commission will be required to determine how the balance of appointments will be made and how many members the board will have overall. Also attached are the companion resolutions directing the City Attorney to prepare the legislation placing the question(s) on the ballot (J-00-797 and J-00-795). The Charter question which completely transfers the powers and duties of DOSP to the City was directed to be prepared by Resolution No. 00-710, adopted at the July 27, 2000 meeting, and the proposed resolution placing the question on the ballot is therefor included in this package for City Commission consideration (J-00-661). The questions have a 75 word limit and are set forth on the attached page. W475:BSS c: Carlos A. Gimenez, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator 0O 71al' PROPOSED CHARTER QUESTIONS RELATED TO THE RESTRUCTURE OF THE DEPARTMENT OF OFF-STREET PARKING AND THE OFF-STREET PARKING BOARD (1) CITY MANAGER DIRECTED QUESTION (J-00-796) [75 Words] "Shall the Miami City Charter be amended to provide, effective '200 _' 200_, for the transfer of all assets of the Department of Off -Street Parking (DOSP) to the City of Miami (City), and further amended to allow for the operation, management and control of "off-street parking facilities of the City" by the City, DOSP, or non -City entity, at the discretion of the City, determined by whichever provides the greatest efficiency and financial return to the City?" (2) CITY COMMISSION DIRECTED DRAFT QUESTION (J-00-799) [75 words] "Shall the Miami City Charter be amended to change, effective . 5200 — 200_the composition of the Department of Off -Street Parking (DOSP) Board from five members appointed by the Board itself, confirmed by the City Commission (Commission), to: the Mayor as Chairperson of the Board; members appointed by the Commission, and members appointed by those Board members who were Commission appointed;. and further amended to change the terms of office of the Board members?" (3) QUESTION DIRECTED TO BE PREPARED PURSUANT TO RESOLUTION NO. 00-710 (J-00-661) [44 words] "Shall the Charter of the City of Miami be amended to delete Section 23 entitled "Department of Off -Street Parking; Off -Street Parking Board," and to transfer the powers, functions and duties of the Department of Off - Street Parking to the City of Miami, effective , 2007 OF. - City of Miami ,6 Office of the City Craik CQFLO� � DATE: Facsimile Transmittal Sheet TO: n: v ► < c -�h FAX NO. X75^�' FROM: REMARKS: 305-858-1610 TOTAL NUMBER OF PAGES. INCLUDING COVER SHEET: Office of the City Clerk :500 Pan Amencan Dave P.O. Box 330708 Miami. Florida 33133 Miami FL 33233-0708 305-350-5360 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Walter J. Foeman, City Clerk el-'*' FROM: Alejandro Vilarello, City AttorneySw DATE: September 8, 2000 RE: Transmission of Charter Amendment Nos. 1 and 2 and required Translation of Questions into Spanish and Creole Attached are the final resolutions reflecting the actions taken by the City Commission at the Special Meeting on September 7, 2000. Please be advised that Resolution No. 00-715 (Charter Amendment No. 1) and Resolution No. 00-717 (Charter Amendment No. 2) are required to be transmitted to the Supervisor of Elections pursuant to applicable law and are further required to be translated, in their entirety, into both Spanish and Creole. W477:BSS C: Mayor and Members of the City Commission Carlos A. Gimenez, City Manager Arthur Noriega, V., Executive Director, Miami Parking Authority