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Home My WebLink AboutR-91-0604J-91-641 8/30/91 RESOLUTION NO. () 430 4 A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD SEPTEMBER 3, 1991, IN WHICH THE QUESTION OF AUTHORIZING CITY -OWNED WATERFRONT LAND CONSISTING OF APPROXIMATELY 2.88 ACRES LOCATED ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN, MIAMI, FLORIDA, MORE COMMONLY KNOWN AS THE "VIRGINIA KEY BASIN PROPERTY", TO BE LEASED TO BAYSIDE SEAFOOD RESTAURANT AND BREWPUB PARTNERSHIP WHICH WOULD OPERATE A RESTAURANT, BREWERY AND MARINE -RELATED RETAIL FACILITY WAS APPROVED BY THE ELECTORATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby officially accepts the attached City Clerk's Certification and Declaration of the results of the Special Municipal Election held on September 3, 1991 in which the question of authorizing City -owned waterfront -!� land consisting of approximately 2.88 acres located adjacent to 1; and immediately West of Miami Marine Stadium on the Southerly shoreline of the Marine Stadium basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" to be leased j� to the Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery and marine -related retail facility was approved by the electorate. Section 2. The City Commission hereby declares: (a) with respect to said question of authorizing city -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine Stadium on the Southerly shoreline of the Marine Stadium Basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" to be leased to Bayside Seafood { C C N -AI N 'tED CITY CC)MMISSION MEETING OF SEP 11 1991 41- 604 ...ow M f Restaurant and Brewpub Partnership which would operate a restaurant, brewery and marine -related retail facility, said election was duly called and properly held and notice thereof was duly given in accordance with law and in accordance with Resolution No. 91-518, adopted July 11, 1991, entitled: "A RESOLUTION, WITH ATTACHMENT, CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD SEPTEMBER 3, 1991, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL OF THE CITY'S ENTERING INTO A LEASE AGREEMENT WITH BAYSIDE SEAFOOD RESTAURANT AND BREWPUB PARTNERSHIP TO OPERATE A RESTAURANT, BREWERY AND MARINE -RELATED RETAIL FACILITY ON CITY - OWNED WATERFRONT PROPERTY OF APPROXIMATELY 2.88 ACRES LOCATED ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN, MIAMI, FLORIDA, MORE COMMONLY KNOWN AS THE "VIRGINIA KEY BASIN PROPERTY", SUBJECT TO BAYSIDE SEAFOOD RESTAURANT AND BREWPUB PARTNERSHIP MAKING A CAPITAL AND EQUIPMENT INVESTMENT OF NO LESS THAN $2 MILLION AND PAYING TO THE CITY A MINIMUM ANNUAL RENT $200,000 PER YEAR FOR A TERM NO LONGER THAN 20 YEARS WITH AN OPTION TO RENEW SAID LEASE FOR TWO ADDITIONAL TERMS OF FIVE YEARS EACH AND SUBJECT TO SUCH ADDITIONAL REQUIREMENTS, IF ANY, AS MAY BE DETERMINED BY THE CITY COMMISSION; 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 METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION." (b) all steps in connection with said election were duly, regularly and lawfully taken and had; and all applicable provisions of the Constitution and Statutes of the State of Florida and of said Resolution have been fully complied with; (c) at said election there was submitted to the qualified electors of the City of Miami, Florida, the following question: si z 2 604 "Shall the City of Miami be authorized to lease 2.88 acres of City -owned land ("Virginia Key Basin Property") for 20 years with two lease renewal options totaling ten years, subject to capital and equipment investments of $2 million and a minimum annual rent of $200,000, and to such additional requirements as determined by the City Commission, to Bayside Seafood Restaurant and Brewpub Partnership to operate a restaurant, brewery and marine -related retail facility?" (d) the attached schedule correctly shows the number of each of the election precincts in the City of Miami; the number of electors entering the voting machine booths for the purpose of voting; the number of votes cast by qualified electors authorizing City -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine Stadium on the Southerly shoreline of the Marine Stadium Basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" leased to Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery and marine -related retail facility; and, the number of votes cast by qualified electors against authorization of City -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine stadium on the Southerly shoreline of the Marine Stadium basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" to be leased to Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery, and marine -related retail facility; (e) each qualified elector of the City of Miami was given the opportunity of voting for or against the authorization for City -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine stadium on the Southerly shoreline of the Marine Stadium basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" to be leased to Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery, and marine -related retail facility. - 3 - 91-- 604 Section 3. With respect to the question set forth above concerning said Resolution, it is hereby found and determined that 12,773 votes were cast by qualified electors in favor of authorizing City -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine stadium on the Southerly shoreline of the Marine Stadium basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" to be leased to Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery, and marine -related retail facility; that 11,732 votes were cast by qualified electors against authorizing City -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine stadium on the Southerly shoreline of the Marine Stadium basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property" to be leased to Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery, and marine -related retail facility; and the Commission hereby declares and certifies that the question of A such authorization was approved by the qualified electors of the City of Miami at such election and that the total number of votes on the question in said election in said voting precincts were to 24,505 and that a majority of the votes on the question in said election in said voting precincts were in favor of authorizing the lease of City -owned waterfront land consisting of approximately 2.88 acres located adjacent to and immediately West of Miami Marine stadium on the Southerly shoreline of the Marine Stadium basin, Miami, Florida, more commonly known as the fi "Virginia Key Basin Property" to Bayside Seafood Restaurant and Brewpub Partnership which would operate a restaurant, brewery, A and marine -related retail facility. Section 4. This Resolution shall become effective immediately upon its adoption. 4 604 [a PASSED AND ADOPTED this 11th A*TTgS MAT Y RIRAI CITY CLERK PREPARED AND APPROVED BY: \_RAMON IRI4ARRIr-- ASSISTAN ,rCITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS AS OF S 0, 1991: jol ��GE ERNANDEZ CIS Y ATTO NEY BSS:gb:M2408 day of Septembe-r—, , 1991. XAVIER L S REZ, MAYOR - 5 - 91- 604 C'--) -1 (_'*1 CA CERTIFICATION AND DECLARATION STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I. 1, MATTY HIRA1, City Clerk of the City of Miami, Florida, do hereby certify that all necessary legal steps were taken in connection with the conduct of a City of Miami Special Election held on September 3, 1991 including the following Logic and Accuracy Tests: 1. On August 30, 1991 commencing at approximately 9:30 A.M. the Dade County Supervisor of Elections had the tabulating equipment based in the Elections Department at the Metro -Dade Center tested to ascertain that the equipment would correctly count the precinct and absentee ballot votes cast for all County questions, all Key Biscayne Candidates and all questions for Bay Harbor Islands, Miami, Surfside and West Miami. 2. Test results were compared with the predetermined totals for each candidate and issue and, pursuant to the requirements established in Section 101.5612, Florida Statutes, observed the performance and results of all required tests and verified the correctness of the program, precinct header cards and test ballots, as well as any replacement of said materials required by said tests, subject to said tests. 3. On September 3, 1991, commencing at approximately 5:00 P.M. t the Dade County Supervisor of Elections had the tabulating equipment based in the Elections Department at the Metro Dade Center tested to ascertain that the equipment would correctly count the precinct and absentee ballot votes cast for all County j questions, all Key Biscayne Candidates and all questions for Bay Harbor Islands, Miami, Surfside and West Miami. 4. Sealed boxes appropriately identified to secure the testing materials and the program microdisks, which would ensure the inviolability of the materials in question. After the voting precincts were closed and the ballots were in, all precinct ballots cast were counted. No ballot card was removed from or added to any ballot card container, ballot card tray or other segregation of ballots, and no ballot card was in any manner altered or tampered with by any person and no person touched any ballot cards container, ballot card tray or ballot cards except the person authorized to do so pursuant to Section 101.5614, Florida Statutes. 5. At the completion of the precinct and absentee ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the precinct and absentee votes cast for all the county questions as well as the City of Miami question. 6. At the completion of this post -count logic and accuracy test, all voted ballots together with their precinct header cards, the duplicated and spoiled ballots were appropriately stored in card cabinets under specific sealed numbers, as more fully identified in the logic and accuracy test certificate received from Dade County. 1 91-- 604 ru I do hereby further certify that all documents concerning these Logic and Accuracy Tests showed the computer to be functioning correctly and are in the possession of the Metropolitan Dade County Supervisor of Elections, under sealed vault. I further certify and declare that the results of the City of Miami Special Election which was held on September 3, 1991 are as follows: FINAL CUMULATIVE REPORT (87 Precincts Processed Including Absentees) CITY OF MIAMI SPECIAL ELECTION September 3, 1991 Total Registered Voters - Miami 93,863 ELECTION RESULTS COUNT PERCENT Proposed Lease of City -owned land on Virginia Key Basin Property: yes 12,773 52.12% no 11,732 47.88% TOTAL 24,505 100.00% II. A. I further certify that there were 121.773 votes cast for approval of the question in connection with proposed lease of City -owned land on Virginia Key Basin property appearing on the ballot in said Special Election and 11.L732 votes cast against said question, and hereby declare that said question was APPROVED by the electorate. WITNESS MY HAND and the official Seal of the City of Miami, Florida, this 9th day of September, 1991. R-a ty RiraT-------_---- City Clerk 1991. Sworn to and subscribed before me this 9th day of September, I4.0 �y l i a PuL ow�n�_dt.NJ Not ry blic State of Florida My Commission Expires: April 29, 1995 2 91.-- 604 CANVASS REPORT SPECIAL ELECTION, Wad 2" 04 11:07:40 1991 DADE COUNTY, FLORIDA SEPTEMBER 3, 1991 Page IS CITY Of MIAMI Precincts Counted Absentee Precincts Counted (062) Registered Voters City of Miami Question Proposed Virginia Key Lease (063) Yes (064) No Precinct (062) (063) (064) 0501 982 91 65 0502 1,092 115 127 0503 839 91 160 0504- 715 63 64 0505 591 43 41 0506 1,242 152 56 0507 1,051 109 102 0508 1,048 131 72 0509 609 42 36 0510 317 36 39 0511 1,032 90 47 0512 1,205 154 101 0513 579 98 49 0514 994 81 75 0515 287 28 21 0516 1,110 136 191 0517 1,047 52 68 OS18 1,262 151 90 0519 1,016 114 104 0520 1,764 249 ISO 0521 1,538 193 166 0522 1,663 281 127 0523 1,058 125 79 0524 1 1 0 0526 1,752 315 206 0527 861 120 80 0528 1,324 161 145 0529 1,246 118 95 0530 515 58 54 0531 424 37 45 0532 577 80 60 0533 952 103 48 0534 827 123 81 0535 1,099 156 70 0536 550 54 49 0537 907 69 58 0538 1,227 102 98 0539 1,185 106 136 0540 531 26 17 0541 222 25 31 0542 $47 77 42 0543 545 57 65 05" 1,162 196 159 0545 736 112 77 0546 680 114 108 0547 1,348 205 202 0548 1,138 190 153 0549 1,201 189 142 0550 1,046 137 155 0551 1,066 155 173 0552 1,426 208 155 0553 911 128 130 0554 1,248 1" 181 0555 1,649 238 248 0556 1,321 2D5 163 0557 1,412 189 181 0558 1,267 216 186 0559 1,339 193 180 0560 1,586 228 220 0561 "4 68 73 0562 1,788 299 260 0563 1,340 2" 196 86 100.DO% 1 100.00% 93,863 100.00% 12,773 52.12% 11,732 47.88% Precinct (062) (063) (064) 0564 920 185 111 0565 863 169 125 0566 866 157 91 0567 1,279 208 166 0568 1.603 207 269 0569 2,408 271 346 0570 1,415 198 196 0571 1,145 143 176 0572 1,119 166 163 0573 1,098 155 162 0574 1,420 196 220 0575 1,828 257 270 0576 1,684 224 242 0577 1,842 254 234 0578 1,091 138 128 0579 1,450 216 219 0580 723 98 101 0581 1,565 198 260 0582 1,423 140 257 0583 1,059 115 167 0584 1,256 US 112 0585 491 64 35 0586 1,074 102 232 0587 1,400 156 188 N005 0 517 490 s�-- 604 �x. j TO HONORABLE MEMBERS OF THE CITY COMMISSION FRo''' RATTY HIRAI City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA-1 DATE September 6, 1991 FILE SUBJECT : Acceptance__ of Special City__of Miami Election Results___ �e_ptembe� _3 ------- -- ------ - REFERENCES .1991 ENCLOSURES TO HONORABLE MEMBERS OF THE CITY COMMISSION FRo''' RATTY HIRAI City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA-1 DATE September 6, 1991 FILE SUBJECT : Acceptance__ of Special City__of Miami Election Results___ �e_ptembe� _3 ------- -- ------ - REFERENCES .1991 ENCLOSURES A City of Miami Special Election was held on September 3, 1991. Official results are now complete. It is now in order for the City Commission to approve the City Clerk's Certification and Declaration of the Official Results of said election at the I meeting presently scheduled for September 11, 1991. Attached please find copies of the documents in question: 'f (1) City Clerk's Certification and Declaration of Official Results of the City of Miami Election held on September 3, 1991 with respect to proposed lease of City -owned land on ' `i Virginia Key Basin property. (2) Resolution officially accepting the City Clerk's Certificate I and Declaration of Election Results. (3) Certification from Supervisor of Elections of Metropolitan Dade County attaching: (a) Certification of Logic and Accuracy Tests, and (b) Summary of the Results of the Precinct and Absentee Ballot count of votes cast. i MH:sl 'j { ENC: a/s k 91-- 604