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HomeMy WebLinkAboutR-97-0330, 1 J-97-250 5/7/97 [, RESOLUTION NO. 9 7 ~ 330 A RESOLUTION, WITH ATTACHMENTS, CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THURSDAY, SEPTEMBER 4, 1997, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL, THE QUESTION OF WHETHER THE CITY OF MIAMI SHALL RETAIN ITS EXISTENCE AS A MUNICIPALITY AND NOT BE ABOLISHED, EFFECTIVE SEPTEMBER 30, 1998, IN ACCORDANCE WITH RESOLUTION NO. 97-330 WHICH REQUIRES A PROPOSAL FOR THE TRANSFER OF MUNICIPAL FUNCTIONS, SERVICES, RESPONSIBILITIES AND LIABILITIES IN THE EVENT OF A FAVORABLE VOTE ON DISSOLUTION BY THE ELECTORATE; PROVIDING FOR PUBLIC REVIEW OF SAID PROPOSAL NOT LESS THAN THIRTY (30) DAYS PRIOR TO SUCH SPECIAL MUNICIPAL 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 j CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, a group, styled "Citizens of Miami for Lower Taxes" (hereinafter "COMFLT"), filed a statement of organization on October 29, 1996, pursuant to § 106.03, Fla. Stat. (1995); and WHEREAS, COMFLT subsequently circulated a petition styled "Pexition for Public's Right to Vote to Abolish the City of Miami" (hereinafter the "PETITION"); and WHEREAS, said PETITION stated: ATTACHMF1891T (S) CQINTAtik,91CD CITY COMMISSION MEETING OF MAY 0 7 1997 Resolution No. 9330 "We the qualified electors of the City of Miami, Florida, in accordance with the provisions of Section 5.03 of the Dade County Home Rule Charter, hereby petition the City Commission of the City of Miami to draft a proposal to abolish the City of Miami, and to submit the proposal to the qualified electors of the City of Miami. The effective date for the abolition i j of the corporate existence of the City of Miami shall be no later than September 30, 1998"; and WHEREAS, on December 5, 1996, COMFLT amended its Statement of Organization, renaming itself the "Coalition for a New Miami"; and WHEREAS, the Supervisor of Elections of Metropolitan Dade County, Florida (hereinafter "Elections Supervisor") certified that the PETITION i contained twenty thousand two hundred and thirty-six (20,236) signatures; and I WHEREAS, § 5.03 of the Home Rule Charter of Metropolitan Dade County 1 1 Florida (hereinafter "Dade County Charter") requires that at least ten percent (10%) of the total number of voters registered in the City sign a petition before it can be certified to the City Commission for action; and i WHEREAS, § 99.097(1) and (2), Florida Statutes (1995), and Florida 08 allow the Elections Supervisor to utilize Department of State Rule 15-2.0 I Random Sampling Procedures for Petition Signature verification in instances i where the number of Petition signatures submitted contain at least fifteen percent (159.) more than the required number of signatures; and WHEREAS, the Elections Supervisor, on January 7, 1997, certified that the PETITION contained the valid signatures of at least ten percent (10%) of - 2 - 97- 330 the registered voters in the City of Miami on the date the PETITION was submitted; and WHEREAS, Metropolitan Dade County, as a Home Rule Charter County, is authorized by § 165.022, Florida Statutes (1995), and § 6(e), Art. VIII, of the Florida Constitution, to provide for the dissolution of municipalities within its jurisdiction; and WHEREAS, said Section 5.03 of the Dade County Charter also provides, inter ali.a, that any municipality in the county may revoke its Charter or abolish its existence in a manner provided for therein; and WHEREAS, said Section 5.03 also provides that the City Commission must adopt a resolution submitting the question of abolition to the electorate no later than one hundred twenty (120) days after certification of the PETITION; and WHEREAS, such an election must be held pursuant to said Section 5.03 not less than sixty (60) nor more than one hundred twenty (120) days after adoption of the aforementioned resolution by the City Commission; and WHEREAS, the City Commission must make copies of the proposal available to its electors at least thirty (30) days before such election; and WHEREAS, the proposed question shall be submitted to the electorate at a special municipal election on Thursday, September 4, 1997, as called for and provided herein, and shall become effective upon approval by the electors; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: - 3 - 97-- 330 61 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. In accordance with the provisions of the City of Miami Charter (Chapter 10847, Laws of Florida, 1925, as amended) and § 5.03 of the Metropolitan Dade County Home Rule Charter, a special municipal election is i hereby called and directed to be held in the City of Miami, Florida, from i 7:00 a.m, until 7:00 p.m. on Thursday, September 4, 1997, for the purpose of submitting to the qualified electors of the City of Miami, for their approval or disapproval, the following question: "Shall the City of Miami retain its existence as a municipality and not be abolished, effective September 30, 1998, in accordance with Resolution No. 97-330 which requires a proposal for the transfer of municipal functions, services, responsibilities and liabilities in the event of a favorable vote on dissolution by the electorate." Section 3. The City Manager is hereby authorized and directed to prepare a proposal for the transfer of municipal functions, services, responsibilities and liabilities, in the event of a favorable vote on the municipal corporation's dissolution by the electorate. Section 4. The City Manager is further directed to make the aforementioned proposal available to the public for review not less than thirty (30) days prior to the date of the subject special municipal election. Section 5. Said special municipal 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 - 4 - 0'�- 330 designated by the Supervisor of Elections of Metropolitan 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 Metropolitan Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the i 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 special municipal 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 Metropolitan 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 G. In compliance with Section 100.342, Florida Statutes (1995), 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: - 5 - 1- 330► "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON THURSDAY, SEPTEMBER 4, 1997, IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 97-330 A special municipal election will be held on Thursday, September 4, 1997, 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 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 City of Miami retain its existence as a municipality and not be abolished, effective September 30, 1998, in accordance with Resolution No. 97-330 which requires a proposal for the transfer of municipal functions, services, responsibilities and liabilities in the event of a favorable vote on dissolution by the electorate." A proposal for the transfer of municipal functions, services, responsibilities and liabilities, in the event of a favorable vote on dissolution by the electorate, shall be available for public review at the office of the City Clerk, 3500 Pan American Drive, Miami, Florida 33133, not less than thirty (30) days before the subject special Municipal Election. 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.)" - 6 - y?- 330 Section 7, 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 (hereinafter 'ICES"), and shall be in substantially the following form, to wit: "OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION THURSDAY, SEPTEMBER 4, 1997 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------------------------------- Question regarding whether the City of Miami, a Florida Municipal Corporation, shall continue to exist. YES Shall the City of Miami retain its existence as a municipality and not be abolished, effective September 30, 1998, in accordance with Resolution No. 97-330 which requires a NO proposal for the transfer of municipal functions, services, responsibilities and liabilities in the event of a favorable vote on dissolution by the electorate"? Section 8. 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 ballot frame containing the statement relating to said Question. Section 9. 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. - 7 - 97- 330 Section 10. All qualified electors of said City shall be permitted to vote in said special municipal election and the Supervisor of Election of Metropolitan, 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 election officials designated to serve at the respective polling places in said election t j precincts. {j) Section 11. For the purpose of enabling persons to register who are i qualified to vote in said municipal election to be held on Thursday, September 4, 1997, 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 Metropolitan 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 Metropolitan 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 f� herein described election during such times and on such dates as may be 1 designated by the Supervisor of Elections of Metropolitan Dade County, Florida. Section 12, 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 Election of Metropolitan - 8 - 97- 330 Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 13. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Metropolitan Dade County, Florida, not less than forty-five (45) days prior to the date of the herein special municipal election. PASSED AND ADOPTED this 7th day of May 1997. JOE CAROLLO, MAYOR ATTEST- ALTER J . i10 CITY CLERK PREPARED AND REVIEWED BY: JO'L EDWARD MAXWELL ,D PUTY CITY ATTORN Y APPROVED AS TO FORM AND CORRECTNESS: - 9 - 97- 330 10 � LIST OF POLLING PLACES -' v� CITY OF MIAMI _, f i PCT. LOCATION JhDDA$SS i, i 501 LITTLE RIVER BAPTIST CHURCH 495 NW 77 ST 502 CANAAN MISSIONARY BAPTIST CHURCH 7610 BISCAYNE BD 503 H U D - SEWING ROOM 1407 NW 7 ST 504 HARVEY W SEEDS AMERICAN LEGION #29 6445 NE 7 AVE i 505 ATHALIE RANGE PARK 525 NW 62 ST 506 LEMON CITY BRANCH LIBRARY 430 NE 61 ST i 507 THENA CROWDER ELEMENTARY SCHOOL 757 NW 66 ST 508 NEW MT MORIAH BAPTIST CHURCH 6700 NW 14 AVE 509 GRAPELAND HEIGHTS PARK 1550 NW 37 AVE 510 I WESLEY UNITED METHODIST CHURCH 133 PONCE DE LEON BD 511 JORDAN GROVE MISSIONARY BAPT CHURCH 5946 NW 12 AVE 512 ST PAUL INSTITUTIONAL AME CHURCH 1892 NW 51 TR 513 BELAFONTE TACOLCY CENTER 6161 NW 9 AVE 514 EDISON SENIOR PLAZA 200 NW 55 ST 515 LEMON CITY BRANCH LIBRARY 430 NE 61 ST 516 MORNINGSIDE PARK 750 NE 55 TR 517 BAY SHORE LUTHERAN CHURCH 5051 BISCAYNE BD 05/16/97 CJ 1 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 518 CHURCH OF GOD OF PROPHECY #1 4528 NW 1 AVE 519 SHADOWLAWN ELEMENTARY SCHOOL 149 NW 49 ST 520 CHARLES HADLEY PARK 1300 NW 50 ST 521 NEW PROVIDENCE MISSIONARY BAPT. CHR 760 NW 53 ST 522 MOORE PARK 765 NW 36 ST 523 MIAMI JACKSON SENIOR HIGH SCHOOL 1751 NW 36 ST 524 SIMPSON PARK — RECREATION BUILDING 55 SW 17 RD 526 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AVE 527 HADLEY GARDENS 3031 NW 19 AVE 528 MALCOLM ROSS SENIOR CENTER 2800 NW 18 AVE 529 ROBERT A BALLARD ARMORY 700 NW 28 ST 530 ROBERT A BALLARD ARMORY 700 NW 28 ST 531 CLAUDE PEPPER COMMUNITY CENTER II 760 NW 18 TR 532 CHRIST THE EPISCOPAL CHURCH 3481 HIBISCUS ST 533 CULMER NEIGHBORHOOD SERVICE CENTER 1600 NW 3 AVE 534 MIAMI FIRE STATION #2 1901 NORTH MIAMI AVE 535 PHYLLIS WHEATLEY ELEMENTARY SCHOOL 1801 NW 1 PL 05/16/97 CJ a i 2 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 536 DUNBAR ELEMENTARY SCHOOL 505 NW 20 ST 537 EUGENIO MARIA DE HOSTOS CTR 2902 NW 2 AVE 538 UNITY ON THE BAY 411 NE 21 ST 539 TRINITY CATHEDRAL HALL 464 NE 16 ST 540 TRINITY CATHEDRAL HALL 464 NE 16 ST 541 FIRST PRESBYTERIAN CHURCH OF MIAMI 609 BRICKELL AVE 542 JACK ORR SENIOR CENTER 550 NW 5 ST 543 ORANGE BOWL STADIUM - GATE 14 1501 NW 3 ST 544 TRINITY CATHEDRAL HALL 464 NE 16 ST 545 GRAN LOGIA DE CUBA 910 NW 22 AVE 546 MIAMI-DADE COMMUNITY COLLEGE 300 NE 2 AVE 547 MIAMI FIRE STATION #7 314 BEACOM BD 548 ST MICHAEL'S CHURCH 2987 WEST FLAGLER ST 549 KENSINGTON PARK ELEMENTARY SCHOOL 711 NW 30 AVE 550 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 2980 NW S RIVER DR 551 MELREESE GOLF COURSE 1802 NW 37 AVE 552 ARMANDO BADIA SENIOR CENTER 25 TAMIAMI BLVD 05/16/97 CJ 3 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 553 ROBERT KING HIGH COMMUNITY HOUSE 7025 WEST FLAGLER ST 554 ST DOMINIC CATHOLIC CHURCH HALL 5909 NW 7 ST 555 WEST END PARK COMMUNITY HOUSE 250 SW 60 AVE 556 RESIDENTIAL PLAZA 5617 NW 7 ST i 557 IGLESIA CRISTIANA REF EL BUEN SAM 4585 WEST FLAGLER ST 558 KINLOCH PARK COMMUNITY HOUSE 455 NW 47 AVE 559 IGLESIA BAUTISTA LIBRE EBENEZER 4111 SW 4 ST 560 KINLOCH PARK MIDDLE SCHOOL 4340 NW 3 ST 561 SIMPSON PARK - RECREATION BUILDING 55 SW 17 RD 562 JOHN J KOUBEK CENTER 2705 SW 3 ST 563 LITTLE HAVANA HOUSING PROJECT #1 1759 SW 5 ST 564 ORANGE BOWL STADIUM - GATE 14 1501 NW 3 ST 565 RIVERSIDE ELEMENTARY SCHOOL 1190 SW 2 ST 566 HOPE CENTER 666 SW 5 ST i 567 MIAMI FIRE STATION #4 1105 SW 2 AVE 568 SIMPSON PARK - RECREATION BUILDING 55 SW 17 RD 569 UTD TOWERS 1809 BRICKELL AVE 05/16/97 CJ 4 i LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 570 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AVE 571 EL CORDERO PRESBYTERIAN CHURCH 2O91 SW 14 AVE 572 SHENANDOAH ELEMENTARY SCHOOL 1023 SW 21 AVE 573 1 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AVE 574 1 SHENANDOAH PRESBYTERIAN CHURCH 2150 SW 8 ST 575 i CORAL GATE PARK COMMUNITY CENTER 1415 SW 32 AVE 576 i WILLIAM MC ALLISTER POST #1608 2750 SW 16 ST 577 DOUGLAS PARK COMMUNITY HOUSE 2755 SW 37 AVE 578 BOYS & GIRLS CLUB OF MIAMI, INC 2805 SW 32 AVE i j 579 i SILVER BLUFF ELEMENTARY SCHOOL 2609 SW 25 AVE } 580 IGLESIA BAUTISTA RESURRECCION 2323 SW 27 AVE 581 MUSEUM OF SCIENCE 3280 S MIAMI AVE i 582 MIAMI FIRE STATION #8 2975 OAK AVE 583 MIAMI FIRE STATION #8 2975 OAK AVE 584 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST 585 ESTHER M ARMBRISTER PARK 236 GRAND AVE 586 MIAMI DADE WATER & SEWER AUTHORITY 3575 S LEJEUNE RD 05/16/97 CJ 5 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS a***��*�*�a**,a*��,��t�*�a�*+►***,►rr*,►*�**t►�*aa**�*�a�er***,��*e,rt*a�*��r�,►*a*+�,r,e,� 587 PEACOCK PARR 2820 MCFARLANE RD 588 UKRAINIAN AMERICAN CLUB 3595 NW 35 ST 589 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AVE 590 MALCOLM ROSS SENIOR CENTER 2800 NW 18 AV8 591 HADLEY GARDENS 3031 NW 19 AVE 592 LIBERTY ELKS LODGE #1052 6525 NW 18 AVE 593 HOPE CENTER 666 SW 5 ST 594 EL CORDERO PRESBYTERIAN CHURCH 2O91 SW 14 AVE 595 DOUGLAS PARK COMMUNITY HOUSE 2755 SW 37 AVE 596 SILVER BLUFF ELEMENTARY SCHOOL 2609 SW 25 AVE 597 IGLESIA BAUTISTA RESURRECCION 2323 SW 27 AVE 598 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST a 05/16/97 CJ 6