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HomeMy WebLinkAboutR-00-0717J-00-799 9/7/00 RESOLUTION NO. v (� 717 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. 2, TO PROVIDE, EFFECTIVE JANUARY 1, 2001, FOR A CHANGE IN THE COMPOSITION OF THE DEPARTMENT OF OFF- STREET PARKING ("DOSP") BOARD FROM FIVE MEMBERS APPOINTED BY THE BOARD ITSELF AND CONFIRMED BY THE CITY COMMISSION, TO SEVEN MEMBERS, BY ADDING THE MAYOR AS CHAIRPERSON OF THE BOARD AND BY ADDING ONE MEMBER APPOINTED BY THE CITY COMMISSION; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 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 for the greatest efficiency of the City's parking facilities, it is necessary, effective January 1, 2001, to change the composition of the Department of Off -Street Parking ("DOSP") Board from five members appointed by the Board itself and confirmed by the City Commission, to seven members, by adding the A 9 A 7 ra �I;) CITY COMMISSION MEETING or SEP W 7 2000 Mayor as Chairperson of the Board and by adding one member appointed by the City Commissions and WHEREAS, on September 7, 2000, by its adoption of Resolution No. 00-716, the City Commission directed the City Attorney to prepare a proposed Charter Amendment to provide, effective January 1, 2001, for a change in the composition of the DOSP Board; 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 Board," is hereby proposed to be amended in the following particulars:" �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 2 of 10 00— 717 "Sec. 23. Department of off-street parking; off- street parking board. (b) There is hereby created and established a board to be known as the "Off -Street Parking Board of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the "board") whieh sell eensist efive fteffibers . Each member of the board shall either reside or have his principal place of business in the city and shall be an individual of outstanding reputation for integrity, responsibility and business ability, but no officer or employee of the city shall serve as a member of the board while employed as such officer or employee of the city. Within thirty days after the commission of the City of Miami shall have adopted an ordinance declaring the need for the department and for the board, it shall appoint ire five members of the board, two of whom shall hold office for a term of two years, two of whom shall hold office for a term of three years, and one of whom shall hold office for a term of four years, and thereafter each member shall be appointed for a term of five years, as herein provided. At least ten days prior to the date of expiration of the term of any member of the board appointed pursuant to this Section (b), or within ten days after the death, resignation or removal of any such member, his successor shall be named and appointed by the remaining members of the board, subject to confirmation by the commission of the city. In the event that any appointment so made shall not be confirmed by the commission within ten days after notice of such appointment has been served upon the commission, the appointment shall be null and void, and thereupon the remaining members of the board shall make a new appointment, or appointments, which shall likewise be subject to confirmation by the commission and each member of the board shall be eligible for reappointment. The successor in each case shall be appointed and shall hold office for a term of five years from the date of expiration of the term of his predecessor, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Upon the effective date of his appointment, or as soon thereafter as practicable, each member of the board shall enter upon his duties, but before doing so he shall take the oath prescribed by section 41(e) of the city charter and shall execute a bond in the penal sum of ten thousand dollars ($10,000.00) payable Page 3 of 10 00— 7 17 to the department and conditioned upon the faithful performance of the duties of his office, which bond shall be approved by the commission of the city and filed with the city clerk, the cost of the premium on any such bond to be treated as part of the cost of operating the department. The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such larger sum as the commission of the city may establish by ordinance, payable in monthly installments. Any member of the board may be removed by the commission of the city for good cause and after proper hearing by the commission, but if so removed, may apply to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the action of the commission. (c) Notwithstanding any provision to the contrary contained in this Charter, the City Code, or in any ordinance of the City, commencing on January 1, 2001, the board shall consist of seven members, five members appointed as set forth in this Charter, the Mayor, who shall serve as a member of the board and as the chairperson of the board, and one member selected and appointed by the City Commission. (Existing subparagraphs `c -k' to be relettered] " The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 2. 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 Page 4 of 10 O '.h — 717 qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 2. 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 Page 5 of 10 00— ����� once in the third week prior to .the week in which the aforesaid referendum special municipal election is to be held, in 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. 00-717 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 change, effective January 1, 2001, the composition of the Department of Off -Street Parking (DOSP) Board from five members appointed by the DOSP Board itself and confirmed by the City Commission, to seven members, by adding the Mayor as member - chairperson of the DOSP Board and by adding one member appointed by the City Commission?" Charter Amendment No. 2 provides, effective January 1, 2001, for a change in the composition of the Department of Off -Street Parking ("DOSP") Board from five members appointed by the DOSP Board itself and confirmed by the City Commission, to seven members, by adding the Mayor as member - chairperson of the DOSP Board and by adding one member appointed by the City Commission. 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.)" Ift Page 6 of 10 00— 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 changing the composition of the Off -Street Parking Board from five to seven members. YES (For the Measure) NO (Against the Measure) "Shall the Miami City Charter be amended to change, effective January 1, 2001, the composition of the Department of Off -Street Parking (DOSP) Board from five members appointed by the DOSP Board itself and confirmed by the City Commission, to seven members, by adding the Mayor as member -chairperson of the DOSP Board and by adding one member appointed by the City Commission?" 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 Question, shall be instructed to punch straight down with the Page 7 of 10 7 7 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 Supervisor of Elections of Miami -Dade County, Florida. In Page 8 of 10 00— ���� 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 9 of 1000 — ? J PASSED AND ADOPTED this 7th day of September , 2000. Page 10 of 10 0 717 2 A CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorne 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 appointor_ ents 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 10®- 717 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_, 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 , 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 00- 7417 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