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Home My WebLink AboutR-90-0589i5i0= 90- 589 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO.2, TO PROVIDE THAT EFFECTIVE OCTOBER 1, 19911 CHARTER PROVISIONS DEALING WITH SALARIES OF THE CITY COMMISSION BE REMOVED FROM THE CHARTER AND THAT THE CHARTER PROVIDE FOR _ EMOLUMENTS OF OFFICE FOR THE MAYOR AND CITY COMMISSIONERS, INCLUDING COMPENSATION AND METHOD OF PAYMENT THEREOF, TO BE FIXED BY ORDINANCE; MORE PARTICULARLY, BY AMENDING SUBSECTION (h) OF SECTION 4 OF SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF NOVEMBER, 19901 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO.2 TO THE ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION 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. WHEREAS, on July 12, 1990, by its adoption of. Resolution No. 90-561, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, the City Attorney's draft of the proposed charter amendment is set forth in its final form in this resolution, said draft being submitted to the electors of the City this date by means of the herein resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a special municipal election on November 6, 1990 as called for and provided herein, and shall become effective upon its approval by the electors; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. ATTACHMENTS CONTAINED Section 2. a. Subt6otion (h) of Section 4, entitled *Poem of Government," of the Charter of the City of Miami, Florida, Chapter 109470 Special Acts, Laws of Florida] 1925, an amefidad, is hereby amended in the following particulars: / , Sec . 4. Forty► of 9overnme11t . (h) Salbries of totlmtfr#em .I 410 W.- Y l��i•f•�It i•.ITi��• IY V�7�ZF M � I. Y Ww1lbllSilaQ l.lVll dllV IIIC I+1lV{i Vl �ajlllalli.. Ir 11CLaVl. OlIQi.L L� fixed by ordinance." —r b. The Charter Amendment proposed in this Section shall be known as Charter Amendment No.2. Section 3. A special municipal 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 6, 1990, for the purpose of submitting the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No•2. Words and/or figures stricken through shall be deleted, Underscored words and/or figures shall be added. Remaining provisions are now in effect and remain unchanged. Asterisks indicate ommitted and unchanged material. W2- 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 dasignated by the Supervisor of Elections of Metropolitan bade 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 Dade County 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 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 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,- the City Clerk is hereby authorized and directed to �i -� 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 —s special municipal election is to be held, in the following newspaper(s) of general circulation published in the City of Miami, Florida: The Miami Herald, Diario Las Americas, Miami Times, Patrfa, Community, Panorama, Prensa Grafica, La Nacion, Atenas, and ` E1 Expreso. r: _3W 90 `-7 which notice shall be gubdt&ntielly in the following fortt "NOTICE OP SPECIAL MUNICIPAL ELECTION TO an MELD ON TURSDAYr NOVEMBER 6, 1990 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION No. 9 0- _ A special referendum election will be held on k Tuesday, November 6, 1990, from 700 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 Charter Amendment No.2 be adopted to provide that effective October 1, 1991, Charter provisions dealing with salaries of the City Commission be removed from the Charter and that the Charter provide for emoluments of office for the Mayor and City Commissioners, including compensation and method of payment thereof, to be fixed by ordinance?" Charter Amendment No.2 provides that effective October 1, 1991, existing provisions of the City Charter shall be removed from the Charter and that the Charter will provide for emoluments of office for the Mayor and City Commissioners, including compensation and the method of payment of said compensation, to be fixed by ordinance. By order of the Commission of the City of Miami, Florida. CITY CLERK (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 (CBS), and shall be in substantially the following forth, to wits go- OPPYCIA1, NALLOT SPRCIAh WRICIPAL ELECTION TU199DAY, NOVEMM 6, 1990 MR APPROVAL OR DISAPPROVAL Of THE rOLLOWINO QUESTIM Charter Amendment relating to salary and benefits of City Commissioners and the Mayor. "Shall Charter Amendment No.2 be YES adopted to provide that effective October 11 1991, Charter provisions (For the measure) dealing with salaries of the City Commission be removed from the Charter and that the Charter provide for emoluments of office NO for the Mayor and City Commissioners, including (Against the measure) compensation and method of payment thereof, to be fixed by ordinance?" Section 7. Electors desiring to vote for the amendment, 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 against the amendment, 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 S. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absent electors entitled to cast such ballots in said election. Section 9. All qualified electors of said City shall be permitted to vote in said special municipal election and the Supervisor of Elections of Dade County 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. 7 section 10. For the purpose of enabling persons to register who are qualified to vote in said municipal election to be hold on November 6. 1990, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the coda of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the Cityt they may register Monday through Friday, from 800 A.M. to 500 P.M. at the Metropolitan Dade County Election Department located at 111 Northwest I Street, Miami, Florida. in addition to the above 'place 'afid titoesqualified 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 Dade County. Section 11. MATTY HIRAI the City Clerk of the City of Miami, Florida, or her 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 Dade County in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Metropolitan Dade County not less than forty-five days prior to the date of the herein special municipal election. Section43. The Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of July 1990. ATTE s XAVIER L. SU Z MAYOR' 1Y MATT9r HIRAI,, CITY CLERK APPROVED AS TO FORM AND CORRECTNESSt JOFJGE- L. DEZ CI Y A RN Y 'j 2 RFC/b 2 so 90 5 89 i. CITY OF MIAMI, FLORIDA 109R-OFFICE MEMORANDUM TO DATE FILE Honorable Mayor Members July 25# 1990 Co of the City asion SUBJECT Charter Amendment No62 Commission Compensation AJo --V-43 M: L. F nandez City Commission Meeting t 0 8 FAO REFERENCES City AtItorey Agenda 7/27/90 Item #14 ENCLOSURES: We have recently obtained clarifying instructions from Commissioner Plummer in regard to this subject. His earlier reference to parameters of state law on the subject was a reference to the fact that the constitution nowhere contains any expression of the salary amount to be paid to public officers; therefore, the City Charter should in no way contain the salary amount to be paid to City Conwissioners. For reference, Section 5, entitled "Public Officers" of Article II "General Provisions" of the Florida Constitution provides in Subsection (c) thereof as follows: "The powers, duties, compensation and method of payment of state and county officers shall be fixed by law." Accordingly, our office has prepared a substitute resolution to reflect the intention of removing the existing provision (4(h)) related to Commission compensation from the City Charter. A current listing of precinct polling places is also being attached to this substitute resolution and to the proposed resolution,- seeking to amend the Charter as it relates to the Off -Street Parking Board (Charter Amendment No.1, Item #13). JLF/RFC/rcl/X074 cc: Cesar H. Odio City Manager Matty Hirai City Clerk go- k J t List op POLUNra P%ACZA CITY OP MIAMI z LOCATION }S •it#�RII+��#��+�#�+�#�w�R�r#k��R+R**f��Rlk*�+Rf+R,tee#�r�fdr�#�i��#��,t�rs�'##�i#il�t�� _ SiB C�CtfiCii `� 04D O PROPHECY 4528Nib1AV � 319 SHADOWLAWN ELEMENTARY 149 NW 49 8T 520 ST pAUL INSTITUTIONAL AME CHURCH 1892 NW si TR 521 CHARLES HADLEY PARK 1300 NW SO ST 522 MOORE PARR 765 NW 36 ST ` 523 MIAMI JACKSON SENIOR HIGH 1751 NW 36 ST 524 LORAH PARK ELEMENTARY SCHOOL 5160 NW 31 AV 526 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AV 527 COMSTOCK ELEMENTARY SCHOOL 2420 NW 18 AV 528 MALCOLM ROSS SENIOR CENTER 2800 NW 18 AV 529 CORPUS CHRISTI CATHOLIC CHURCH 3220 NTH 7 AV 530 ROBERT A. BALLARD ARMORY 700 NW 28 ST?'' 531 CLAUDE PEPPER COMMUNITY CENTER II 760 NW 18 TR°.: 1 532 CULNER PLACE 610 NW.; 10 sx; 533 $T JOHN INSTITUTIONAL MISS BAPT CH 1328 NN 3 AV C: 4 �i34 CVU ER NEIGH SERVICE CTR 1600 NN 3 A� .. ; 535 poLLIS WHEATLZY ELEMENTARY loot NN 1 P& , $36 DUNW ELEMENTARY SCE $OS XW 20 ST r 4 S 5r � - 07/20/*0 PS hl!GfFy. fKh: T 4j a.t a4* J=yam' h t t 1 Y fh � h LIST Or POLLTNO PLACES CITY dF Mimi i LOCATI0N $ EUGENIO MARIA DE HOSTOS CTR 2902 Nib 2 AV S38 YwCK 310 NE 18 ST S3N YWCA 210 NE 18 ST 540 TRINITY CATHEDRAL HALL 464 WE 16 ST 54L MIAMI-DADS COMMUNITY COLLEGE 300 NE 2 AV 542 JACK ORR 8ENIOR CENTER 550 NW 5 ST ' = 543 ORANGE BOWL STADIUM - GATE 12B 1501 NW 3 8T,,_ S" METROPOLITAN SENIOR CTR 1407 NW 7 ST — 545 HUD - CONFERENCE ROOM 1407 NW 7 8T ` 546 MfJSA ISLE SENIOR CENTER 2501 NW 16 ST RD - 547 MI FIRE*STATION ¢7 314.BEACOM BD 2_ 548 ST MICiiAEL' S CHURCH 2987 W FLAGLER ST .- S+tg 1ZiTERAMEkICAN MILITARY ACADEMY 3525 NW 7 ST 550 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 2980 NW 5 RIVER DR 551 STEPHEN P CLARK BLDG 1650 NW 37 ]!V -' 5'S2 HENRY M. FLAGLER NARY 5222 NW 1 ST eta 353 FLAGAMI COMMUNITY HOUSE 7121 Sfi 3 ST` #- 554 ROBERT KING HIGH COMMUNITY HOUSE 7025 W rUGLXR 8T f rt w 671"Ito Ts a: z i Fq st* M� ;xp i �l• F� } k, Yr — C }01,11 �W .., 45 a LIST OF POLLING PLACS$ CITY OF mim 555 WEST END PARK COMMUNITY MOUSE 250 8W 60 AV 556 NIAMI FIRE (STATION 111 5920 W FLAGLER ST "7 IGLESIA CRISTIANA REF EL SVEN SAM 4585 W FLAGLER ST _ 5 KINLOCii PARR COMMUNITY HOUSE 455 NW 47 AV 559 KINLOCH PARK MIDDLE SCH 4340 NW 3 ST 560 IGLESIA BAUTISTA LIBRE EBENEZER 4111 SW 4 ST 561 WESLEY UNITED METHODIST CH 133 PONCE DE LEON i BD 5ba KOUBEK 27TH AVENUE CTR 2705 SW 3 ST 563 SHENANDOAH PRESBYTERIAN CHURCH 2150 SW 8 ST °a 564 LITTLE HAVANA 11 HOUSING PROJECT 1759 SW 5 ST 565 ORANGE BOWL STADIUM - GATE 18 1501 NW 3 ST €r 566 MAANUEL ARTIME COMMUNITY CENTER 900 SW 1 ST a; 557 MIAMI FIRE STATION 14 1105 SW 2 AV ,i. 568 SIMPSSu PARK•RECREATION BLDG 55 SW 17 RD ` 569 UTO TOWERS 1809 SRICKELL AV, 570 LITTLE HAVANA ACTIV 6 Nt1TRITION CTR 700 SW 8 ST yr 571 CORAL WAY PRESBYTERIAN CH 2O91 SW 14 AV 572 SHENANDOAH ELEMENTARY 1023 SW 21 AV ; 07/20/so Fs: S JS y t NvL _ _ 4 '-v h 90, , 574 WILLIAM MCALLISTER POST 03.608 575 CORAL, GATE PARK COMMUNITY BLDG 57K WILLIAM MCALLISTER POST 11608 577 DOUGLAS PARK COMMUNITY HOUSE 578 WQBA—AM/FK 575 SILVER BLUFF ELEMENTARY BCH 58Q CORAL WAY ELEMENTARY 581 MUSEUM OF SCIENCE 582 ELIZABETH VIRRICK BOXING GYM 583 MIAMI FIRE STATION 48 584 ELIZABETH VIRRICK PARK 585 GRAND AVENUE PARK 586 MIAMI DADE WATER h SEWER AUTHORITY 587 PEACOCK PARK Q7/20/90 FS 2750 SW 16 ST 1415 SW 32 AV 2750 SW 16 ST 2755 SW 37 AV 2828 CORAL WAY 2609 SW 25 AV — 1950 SW 13 AVlwb ra 3280 S HIM AV i 2600 S BAYSHORE DR 'r 2975 OAK AV 3230 HIBISCUS ST } 236 GRANT? AV 3575 8 LEJEVNE RD 'N 2820 MCFAR ARNE RD n; t i s+ i •. CITY OF MIAMI, FLOAIDA _ INTER -OFFICE MEMORANDUM �� 1�T �� Oil a to: Honorable Mayor: and Members DATE. July 19 t ti 9�i t`I ;f+�i FII:S : J=90-644 -6f tho •City Cd�tiesion 6 � , } , t sue,iECT . Charter i� 4�cqje b �-�, �nanttet City Commmission Meeting FROM City Atto ey REFERENCES July 26, 1990 ENCLOSURES : (� a The attached Resolution contains the final form of the proposed Charter Amendment text and ballot question language that is being presented for your consideration and approval. The Resolution also calls for the special election to be held November 6, 1990 and includes the wording of the Public Notice to be advertised in a newspaper or newspapers of general circulation that you will designate at this Meeting (7/26/90). The Amendment text appears in Section 2a of the Resolution and the ballot question language is found in Section 6. A, brief explanation of the Amendment in narrative form for the benefit of the public is included in Section 5, the Section containing the form of the Public Notice to be advertised. That explanation and the ballot question language are set forth below for your reference: "Shall Charter Amendment No.2 be adopted to provide that City Commissioners' annual salary increase or. decrease by ordinance, such salary except for Mayor -Commissioner not. exceeding the amount set by the formula contained in Florida Statutes for salaries c)f noncharter County Commissioners, with the Mayor -Commissioner receiving salary 10% greater than other Commissioners' salaries; further, that all Commission members receive such insurance benefits as may be afforded City employees and reimbursement for expenses related to official duties?" Charter Amendment No.2 provides for an increase effective October 1, 1991, in annual salary of all commission members from $5,000 to an amount established by ordinance, with the salary for all commission members, except the Mayor -Commissioner, not exceeding the amount set by the formula contained in 90- 589 t Honorable Mayor and Members July 19, 1990 of the City Comission Page 2 Rat Charter Amendment No.2 (Commission Compensation) Florida Statute* for salaries of none;harter County Commissioner$. The Mayor- Commissioner, s salary sham. be 10% greater than any other individual commissioner's salary. The amendment also provides that all commission members shall receive such insurance benefits as may be afforded City employees and shall also be reimbursed for expenses related to the performance of official duties. JLF/RFC/rcl/M072 cci Cesar H. Odio -2- 90- 589