HomeMy WebLinkAbout99-0616.1 Discussion(�itu of �fflia i. FlorliNa
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.JOE CAROLLO yf�` ��C'
MAYOR - Co.
�•N (�
OFFICE OF THE MAYOR
MIAMI, FLORIDA
VETO AND 'VETO MESSAGE
TO: Honorable Members of the City Commission
Miami, F)
FROM: Joe Carollo, Mayo
Miami, Fl
DATE: August 12, 1999 ,
P.O. BOX 330708
MIAMI. FLORIDA 33233.0708
(305) 250.5300
FAX 1305) 854.4001
Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the
Charter of Miami, Florida, I hereby veto:
RESOLUTION 99-609
Veto Message:
I have chosen to veto the legislation pertaining to the disposition of City -owned property
for two reasons. First and foremost, the citizens of Miami already have stated their views
on this issue. Voters rejected a similar charter amendment by 66.19% in 1994, and again
in 1998 by 52.86%.
Secondly, the technical language contained in the amendment should be reviewed by way
of a thorough public process in order to ensure voter approval. The City of Miami should
explain this issue more fully and fairly before placing it on a public ballot. Also, I
believe a more appropriate way to assure public discussion and consideration is to
separate these ballot initiatives and stagger them over several general elections.
J-99-700 n C�
8/2/99 RESOLUTION NO. `� i� 9 � 6 " "
A RESOLUTION OF THE MIA.MI 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. 4, TO (1) MAKE MANAGEMENT
AGREEMENTS WITH FOR -PROFIT COMMERCIAL ENTITIES
SUBJECT TO THE REQUIREMENTS OF SECTION 29-B OF
THE CHARTER; (2) ELIMINATE THE REQUIREMENT OF A
REFERENDUM FOR THE SALE OR LEASE OF NON -
WATERFRONT, CITY -OWNED PROPERTY, OR THE
EXECUTION OF A MANAGEMENT AGREEMENT WITH A
COMMERCIAL, FOR -PROFIT ENTITY ON NON -
WATERFRONT, CITY -OWNED PROPERTY WHEN THE VALUE
OF THE PROPERTY IS FIVE HUNDRED THOUSAND
DOLLARS ($500,000) OR LESS, AS DETERMINED BY AN
APPRAISAL PERFORMED BY A STATE -CERTIFIED
APPRAISER; AND (3) EXEMPT THE EXECUTION OF
MANAGEMENT AGREEMENTS WITH NOT -FOR -PROFIT
ENTITIES FROM ANY COMPETITIVE BIDDING
REQUIREMENTS; MORE PARTICULARLY BY AMENDING
SECTION 29-B OF SAID CHARTER; CALLING AND
PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF
SUBMITTING CHARTER AMENDMENT NO. 4 TO THE
ELECTORATE AT SAID ELECTION; 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 of Miami Charter Review Committee convened
publicly, conducted a comprehensive study of the City's Charter,
ATTACHMENT
CUTAINE®
4
and held public hearings; and
WHEREAS, the City of Miami's Charter Review Committee, after
meeting publicly, conducting a comprehensive study of the City's
Charter and holding public hearings, made the recommendations
contained herein; and
WHEREAS, on July 27, 1999, by its adoption of Resolution
No. 99-543, the City Commission directed the City Attorney to
prepare the herein proposed Charter Amendment; 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 2, 1999, for the purpose of submitting Charter Amendment
No. 4 to the electorate at said election, 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 29-B of the Charter of the City of
Miami, Florida (Chapter 10847, Laws of Florida, as amended),
2 - � 6 112 _
L
entitled "City -owned property sale or lease -Generally," is hereby
proposed to be amended in the following particulars:!/
"Sec. 29-B. City -owned property sale or lease -
Generally.
Notwithstanding any provision to the contrary
contained in this Charter or the City Code, and except
a_q Provided below,
assisted ---heasing—pregrarse--ev prejeete whieh are
intendedte—be refit heiaseheld-o-- with
andTer mederrate— neem e b
,
these funded prcegrafne e
to the Feder -al Reusing --het e€ 4:997 and the rro==Qa
er- ievisad feefft time to time iffiplernentinq e�y
EL-em time—te time, implefnent
PEagr-affis as may be -aiatherized by federal er- atiate law,
imp -lemming prrejeete atithev-Jeed antler- the F, e ; a..
Gefamunity Redevelepment Aet of 3969, and implementing
the city commission is hereby prohibited from favorably
considering any sale or lease of property owned by the
citya or any management agreement with a omm r ial.
for -profit entity on any property owned by th�ty.
unless there is a return to the city of fair market
value under such proposed sale, e-r lease or management
agreement. The city commission is also hereby
prohibited from favorably considering any sale or lease
of city -owned property or the exenution of a_manag m n
a!2reem _nt with a for-profitnti y of city -owned
i ro=e_r_t,= unless (a) there shall have been, prior to the
date of the city commission's consideration of such
sale. er- lease or management aQrmen , an
advertisement soliciting proposals for said sale, eir
lease or manaopmpnt agreement published in a daily
newspaper of general paid circulation in the city,
allowing not less than ninety (90) days for the city's
receipt of proposals from prospective purchasers,., e-r-
lessees or pr_opQrry managers. said advertisement to be
no less than one-fourth (1/4) page and the headline in
the advertisement to be in a type no smaller than 18-
point and, (b) there shall have been at least three (3)
written proposals received from prospective purchasers,
e-E: lessees nr managers; however, if there are less than
1� 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 uncharged
material. 3V
3 -
marketthree (3) such proposals received and if the guaranteei
return under the proposal whose acceptance is beint
considered is equal to fair - the city
subjectc6fnmission determines that the contemplated sale, z:f
lease nr management azre2me= will be in the city's
best interest then, - approval
votesmajority of the electorate at a
referendum, the salelease or management aqrPPmPnt
may be consummated. Exr-Ppt that . •- rage
• M - ♦ pLopprty which ig I• ot watp-rfront-•-• Lbe v 111P
WN
zWm - - - _ - -
The Charter Amendment proposed in this Section shall be
known as Charter Amendment No. 4.
, Ur_Q_J —U
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 2, 1999, 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. 4.
Section 4. Said 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
±!:!i
ly JL =V
- 5 -
I
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 (1997), 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
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 2, 1999
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. 99-609
A referendum special election will be held on
Tuesday, November 2, 1999, 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 Charter of the City of Miami be
amended to: (1) make management agreements
with for -profit commercial entities subject
to Section 29-B of the Charter; (2) eliminate
referendum requirements before the city •
sells, leases or executes management "*v
6 -
I
agreements with commercial for -profit
entities on non -waterfront, city -owned
property, appraised at $500,000.00 or less,
subject to competitive bidding; and (3)
exempt from competitive bidding requirements
the execution of management agreements with
nonprofit entities?
Charter Amendment No. 4 (1) makes management
agreements with for -profit commercial entities subject
to the provisions of Section 29-B of the Charter;
(2) eliminates the requirement of a referendum before a
proposed lease, sale or execution of a management
agreement with commercial for -profit entities of
non -waterfront city -owned property when there are less
than three proposals or offers received from
prospective lessees or purchasers if the appraised
value of the property is five hundred thousand dollars
($500,000.00) or less based on a property appraisal
performed by a state -certified appraiser; and (3)
exempts from all competitive bidding requirements the
execution of management agreements with not -for profit
entities.
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.)"
Section 6. The official ballot to be used at said
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 (CES),
and shall be in substantially the following form, to wit:
0
`'r
1
"OFFICIAL BALLOT
REFERENDUM SPECIAL ELECTION
TUESDAY, NOVEMBER 2, 1999
FOR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING QUESTION:
------------------------------
Charter Amendment modifying
provisions regarding
disposition of city -owned
property.
YES
(For the Measure)
NO
(Against the Measure)
"Shall the Charter of the
City of Miami be amended to:
(1) make management
agreements with for -profit
ccmmercial entities subject
to Section 29-B of the
Charter; (2) eliminate
referendum requirements
before the city sells, leases
or executes management
agreements with commercial
for -profit entities on non -
waterfront, city -owned
property, appraised at
$500,000.00 or less, subject
to competitive bidding; and
(3) exempt from competitive
bidding requirements the
execution of management
agreements with nonprofit
entities?
Section i. 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 said Question. Electors desiring to vote in disapproval of
said Question, shall be instructed to punch straight down with
the stylus through the hole next to the word "NO" within the
- 8 -
0
ballot frame containing the statement relating to said 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 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 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
j election officials designated to serve at the respective polling
! places in said election precincts.
Section 10. For the purpose of enabling persons tc
register who are qualified to vote in said referendum special
election to be held on November 2, 1999, 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,
Cb
Of
L
within such period of time as may be designated by the
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 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
- 10 -
W
W
t
immediately upon its adoption and signature of the Mayor-2
PASSED AND ADOPTED this 2nd day of August 1999.
ATTEST:
JOE CAROLLO, MAYOR
WALTER J. FOEMAN
CITY CLERK ,tom
' CI�'� ' 61FORNEY
4111. e
5qZ676:ROD:bt:RCL:BSS
2i
AND CORRECTNESS:
t
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. -.
e
- 11 -
(�itu of �fflia i. FlorliNa
A5 OI 1,
* �+co••�ou.rr �
.JOE CAROLLO yf�` ��C'
MAYOR - Co.
�•N (�
OFFICE OF THE MAYOR
MIAMI, FLORIDA
VETO AND 'VETO MESSAGE
TO: Honorable Members of the City Commission
Miami, F)
FROM: Joe Carollo, Mayo
Miami, Fl
DATE: August 12, 1999 ,
P.O. BOX 330708
MIAMI. FLORIDA 33233.0708
(305) 250.5300
FAX 1305) 854.4001
Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the
Charter of Miami, Florida, I hereby veto:
RESOLUTION 99-609
Veto Message:
I have chosen to veto the legislation pertaining to the disposition of City -owned property
for two reasons. First and foremost, the citizens of Miami already have stated their views
on this issue. Voters rejected a similar charter amendment by 66.19% in 1994, and again
in 1998 by 52.86%.
Secondly, the technical language contained in the amendment should be reviewed by way
of a thorough public process in order to ensure voter approval. The City of Miami should
explain this issue more fully and fairly before placing it on a public ballot. Also, I
believe a more appropriate way to assure public discussion and consideration is to
separate these ballot initiatives and stagger them over several general elections.
J-99-700 n C�
8/2/99 RESOLUTION NO. `� i� 9 � 6 " "
A RESOLUTION OF THE MIA.MI 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. 4, TO (1) MAKE MANAGEMENT
AGREEMENTS WITH FOR -PROFIT COMMERCIAL ENTITIES
SUBJECT TO THE REQUIREMENTS OF SECTION 29-B OF
THE CHARTER; (2) ELIMINATE THE REQUIREMENT OF A
REFERENDUM FOR THE SALE OR LEASE OF NON -
WATERFRONT, CITY -OWNED PROPERTY, OR THE
EXECUTION OF A MANAGEMENT AGREEMENT WITH A
COMMERCIAL, FOR -PROFIT ENTITY ON NON -
WATERFRONT, CITY -OWNED PROPERTY WHEN THE VALUE
OF THE PROPERTY IS FIVE HUNDRED THOUSAND
DOLLARS ($500,000) OR LESS, AS DETERMINED BY AN
APPRAISAL PERFORMED BY A STATE -CERTIFIED
APPRAISER; AND (3) EXEMPT THE EXECUTION OF
MANAGEMENT AGREEMENTS WITH NOT -FOR -PROFIT
ENTITIES FROM ANY COMPETITIVE BIDDING
REQUIREMENTS; MORE PARTICULARLY BY AMENDING
SECTION 29-B OF SAID CHARTER; CALLING AND
PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF
SUBMITTING CHARTER AMENDMENT NO. 4 TO THE
ELECTORATE AT SAID ELECTION; 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 of Miami Charter Review Committee convened
publicly, conducted a comprehensive study of the City's Charter,
ATTACHMENT
CUTAINE®
4
and held public hearings; and
WHEREAS, the City of Miami's Charter Review Committee, after
meeting publicly, conducting a comprehensive study of the City's
Charter and holding public hearings, made the recommendations
contained herein; and
WHEREAS, on July 27, 1999, by its adoption of Resolution
No. 99-543, the City Commission directed the City Attorney to
prepare the herein proposed Charter Amendment; 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 2, 1999, for the purpose of submitting Charter Amendment
No. 4 to the electorate at said election, 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 29-B of the Charter of the City of
Miami, Florida (Chapter 10847, Laws of Florida, as amended),
2 - � 6 112 _
L
entitled "City -owned property sale or lease -Generally," is hereby
proposed to be amended in the following particulars:!/
"Sec. 29-B. City -owned property sale or lease -
Generally.
Notwithstanding any provision to the contrary
contained in this Charter or the City Code, and except
a_q Provided below,
assisted ---heasing—pregrarse--ev prejeete whieh are
intendedte—be refit heiaseheld-o-- with
andTer mederrate— neem e b
,
these funded prcegrafne e
to the Feder -al Reusing --het e€ 4:997 and the rro==Qa
er- ievisad feefft time to time iffiplernentinq e�y
EL-em time—te time, implefnent
PEagr-affis as may be -aiatherized by federal er- atiate law,
imp -lemming prrejeete atithev-Jeed antler- the F, e ; a..
Gefamunity Redevelepment Aet of 3969, and implementing
the city commission is hereby prohibited from favorably
considering any sale or lease of property owned by the
citya or any management agreement with a omm r ial.
for -profit entity on any property owned by th�ty.
unless there is a return to the city of fair market
value under such proposed sale, e-r lease or management
agreement. The city commission is also hereby
prohibited from favorably considering any sale or lease
of city -owned property or the exenution of a_manag m n
a!2reem _nt with a for-profitnti y of city -owned
i ro=e_r_t,= unless (a) there shall have been, prior to the
date of the city commission's consideration of such
sale. er- lease or management aQrmen , an
advertisement soliciting proposals for said sale, eir
lease or manaopmpnt agreement published in a daily
newspaper of general paid circulation in the city,
allowing not less than ninety (90) days for the city's
receipt of proposals from prospective purchasers,., e-r-
lessees or pr_opQrry managers. said advertisement to be
no less than one-fourth (1/4) page and the headline in
the advertisement to be in a type no smaller than 18-
point and, (b) there shall have been at least three (3)
written proposals received from prospective purchasers,
e-E: lessees nr managers; however, if there are less than
1� 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 uncharged
material. 3V
3 -
marketthree (3) such proposals received and if the guaranteei
return under the proposal whose acceptance is beint
considered is equal to fair - the city
subjectc6fnmission determines that the contemplated sale, z:f
lease nr management azre2me= will be in the city's
best interest then, - approval
votesmajority of the electorate at a
referendum, the salelease or management aqrPPmPnt
may be consummated. Exr-Ppt that . •- rage
• M - ♦ pLopprty which ig I• ot watp-rfront-•-• Lbe v 111P
WN
zWm - - - _ - -
The Charter Amendment proposed in this Section shall be
known as Charter Amendment No. 4.
, Ur_Q_J —U
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 2, 1999, 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. 4.
Section 4. Said 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
±!:!i
ly JL =V
- 5 -
I
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 (1997), 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
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 2, 1999
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. 99-609
A referendum special election will be held on
Tuesday, November 2, 1999, 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 Charter of the City of Miami be
amended to: (1) make management agreements
with for -profit commercial entities subject
to Section 29-B of the Charter; (2) eliminate
referendum requirements before the city •
sells, leases or executes management "*v
6 -
I
agreements with commercial for -profit
entities on non -waterfront, city -owned
property, appraised at $500,000.00 or less,
subject to competitive bidding; and (3)
exempt from competitive bidding requirements
the execution of management agreements with
nonprofit entities?
Charter Amendment No. 4 (1) makes management
agreements with for -profit commercial entities subject
to the provisions of Section 29-B of the Charter;
(2) eliminates the requirement of a referendum before a
proposed lease, sale or execution of a management
agreement with commercial for -profit entities of
non -waterfront city -owned property when there are less
than three proposals or offers received from
prospective lessees or purchasers if the appraised
value of the property is five hundred thousand dollars
($500,000.00) or less based on a property appraisal
performed by a state -certified appraiser; and (3)
exempts from all competitive bidding requirements the
execution of management agreements with not -for profit
entities.
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.)"
Section 6. The official ballot to be used at said
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 (CES),
and shall be in substantially the following form, to wit:
0
`'r
1
"OFFICIAL BALLOT
REFERENDUM SPECIAL ELECTION
TUESDAY, NOVEMBER 2, 1999
FOR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING QUESTION:
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Charter Amendment modifying
provisions regarding
disposition of city -owned
property.
YES
(For the Measure)
NO
(Against the Measure)
"Shall the Charter of the
City of Miami be amended to:
(1) make management
agreements with for -profit
ccmmercial entities subject
to Section 29-B of the
Charter; (2) eliminate
referendum requirements
before the city sells, leases
or executes management
agreements with commercial
for -profit entities on non -
waterfront, city -owned
property, appraised at
$500,000.00 or less, subject
to competitive bidding; and
(3) exempt from competitive
bidding requirements the
execution of management
agreements with nonprofit
entities?
Section i. 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 said Question. Electors desiring to vote in disapproval of
said Question, shall be instructed to punch straight down with
the stylus through the hole next to the word "NO" within the
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ballot frame containing the statement relating to said 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 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 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
j election officials designated to serve at the respective polling
! places in said election precincts.
Section 10. For the purpose of enabling persons tc
register who are qualified to vote in said referendum special
election to be held on November 2, 1999, 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,
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within such period of time as may be designated by the
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 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
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immediately upon its adoption and signature of the Mayor-2
PASSED AND ADOPTED this 2nd day of August 1999.
ATTEST:
JOE CAROLLO, MAYOR
WALTER J. FOEMAN
CITY CLERK ,tom
' CI�'� ' 61FORNEY
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AND CORRECTNESS:
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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. -.
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