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
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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
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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:
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97-- 330
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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
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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:
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"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.)"
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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.
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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
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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:
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97- 330
10 �
LIST OF POLLING PLACES
-'
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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
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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
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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