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HomeMy WebLinkAboutR-88-0535J-88-582 6/9/88 RESOLUTION NO. A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SECTION 23, ENTITLED "DEPARTMENT OF OFF-STREET PARKING; OFF-STREET PARKING BOARD.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT NO. 3, THEREBY PROVIDING THAT THE CITY ATTORNEY SERVE AS GENERAL COUNSEL TO THE MIAMI OFF-STREET PARKING BOARD AND DEPARTMENT AND THAT SPECIAL COUNSEL TO THE BOARD AND DEPARTMENT AS DEEMED NECESSARY BY THE MIAMI CITY ATTORNEY BE APPROVED BY THE BOARD, CITY ATTORNEY AND CITY COMMISSION; MORE PARTICULARLY BY AMENDING SUBSECTION (f) AND RELETTERING OF EXISTING SUBSECTIONS (g), (h), (i) AND (j) OF SAID SECTION 23; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 3 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, pursuant to Resolution No. 88-434, adopted May 12, 1988, the City Attorney has prepared a 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 for their review and consideration by means of the herein resolution; and WHEREAS, the herein proposed amendment shall be submitted to the electorate for their vote at a special municipal election on September 6, 1968 as called for and provided herein and shall only become effective upon its approval by the electors; CITY COMICUSSION t TiJG OF i JUt4 l.LMAR S: • NOW, THEREFORE, HE 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. Section 2a. Section 23, entitled "Department of off- street parking; off-street parking board.", of the Charter of the City of Miami, Florida, as amended, (Chapter 10847, Special Acts, Laws of Florida, 1925, as amended), is hereby amended by the amendment of Subsection (f) of said Section and the addition of a new Subsection (g) of said Section with the necessary relettering of existing Subsections (g), (h), (i) and (j), as. follows: I/ "Sec. 23 Department of off-street parking; off- street parking board. (f) Subject to the approval of the board, the director shall employ such additional executive and operating assistance, including engineering and other experts and professional assistance, as shall be necessary to provide for the efficient operation of the department. Included in the personnel to be employed, there shall be the following subordinate officers whose positions shall be in the unclassified service of the city: (1) A treasurer, who shall perform the functions and duties customarily performed by the treasurer of a private corporation. The treasurer shall be responsible for all funds of the department, for all accounts and accounting records relating to the department and its operation, and for the preparation of all checks and vouchers requisite to the operation of the department. (2) A secretary, who shall perform the functions and duties customarily performed by the secretary of a private corporation. The secretary shall have charge and custody of the official seal and of all books, records, documents papers of the department other than those required to be in the custody of the treasurer. He/She shall attend in person all Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Asterisks indicate omitted and unchanged material. The remaining subsections of Section 23 are now in effect and remain unchanged. -2- SS-535 meetings of the board, and shall keep a correct record of all the proceedings of the board, and shall perform such other duties as may be assigned to him/her as secretary by the board. • • • DA 1KZZ#.4#1Z*W4KZ14 fg-1Sb. All budgets, funds and accounts pertaining to the off-street parking facilities of the city shall be segregated from all other budgets, funds and accounts of the city and shall be so kept that they shall reflect the financial condition and the operation of each off- street parking facility of the city separately. Not later than one month before the end of each fiscal year the director, with the approval of the board, shall prepare and submit to the commission of the city a budget estimate of expenditures and revenues for the ensuing fiscal year in the same form and like manner as all other departments of the city for approval by the commission with the exception, however, that such budget estimate will be submitted directly to the commission of the city for its approval. f"Lil All expenses incurred by the department and by the board in exercising their powers and performing their functions and duties shall be paid solely from the revenues of the off-street parking facilities of the city and no liability or obligation not payable from the revenues of said facilities shall at any time be incurred in connection with the operation thereof. f7±7)Qj Should there occur in any fiscal year an excess of revenue over expenditures required for operation, maintenance, required reserves and debt service, then such excess revenues shall, subject to the provisions of any ordinance of the commission of the city authorizing the issuance of parking facilities revenue bonds of the city, and to the provisions of any trust indenture or trust agreement securing such bonds, be paid into the general funds of the city. ti-}LILI All powers and rights conferred by this section shall be in addition and supplemental to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof; and the department and the board shall have power, in addition to exercising the powers expressly conferred in and by this section, to do all things necessary or convenient to carry out the purposes hereof . " -3- RS--53 5 b. The charter amendment proposed in this Section shall be known as Charter Amendment No. 3. 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, September 6, 1988, 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. 3. Section 4. 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 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 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 S. In compliance with Section 100.342, Florida Statutes, the City Clerk is hereby authorized and directed to -4- 88 -535 FA 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 6, 1988 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 88-535 A special referendum election will be held on Tuesday, September 6, 1988, 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 Charter Amendment No. 3 be adopted to provide that the Miami City Attorney serve as General Counsel to the Miami Off -Street Parking Board and Department and that all Special Counsel as deemed necessary by the City Attorney be approved by the Board, City Attorney and City Commission?" Charter Amendment No. 3 provides that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission. 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 ME AS-535 f"t 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: OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, SEPTEMBER 6, 1988 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------------------------------------ CHARTER AMENDMENT RELATED TO OFF-STREET PARKING BOARD COUNSEL. "Shall Charter Amendment No. 3 be adopted to provide that the Miami YES City Attorney serve as General Counsel to the Miami Off -Street Parking Board and Department and that all Special Counsel as deemed NO necessary by the City Attorney be approved by the Board, City Attorney and City Commission?" 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 8. 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 8 8-5 a 3..7 Supervisor of Elections of bade 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. Section 10. For the purpose of enabling persons to register who are qualified to vote in said municipal election to be held on September 6, 1988, 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 Election Department - located at 111 Northwest 1 Street, Miami, 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 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. -7- p PASSED AND ADOPTED this _ _.9th day off, June ATTEST: ' r J, fl,�. MATTY HIRAI, CITY CLERK PREPAR$D AND APPROVED BY' ROBERT F. CLAfM CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS JOR E L1 FE NDEZ CIT ATTORNE RFC/bss/M727 -8- XAVIER L, SUA , MA , 1088, 8 8-5 4 3 LIST OF POLLING PLACES CITY OF MIAMI r c—w . LOCATION ADDRESS • •..0 iiei?,i�D0 u09R&Ai`oe1vE 501 LITTLE RIVER BAPTIST CM 496 NW 77 ST t:2 CANAAN MISSIONARY BAPTIST CHURCH 7610 BISCAYNE 80 HARVEY W SEEDS AMERICAN LEGION 6446 NE 7 AV 504 HARVEY W SEEDS AMERICAN LEGION 6445 NE 7 AV "V5 GRACE UTD METHODIST CHURCH 6601 N MIAMI AV =�5 GRACE UNITED METHODIST CM 6601 N MIAMI AV 507 TMENA CROWDER ELEMENTARY 757 NW 66 ST sob NEW MT MORIAH BAPTIST CHURCH 8700 NW 14 AV 509 LIBERTY SQUARE COMMUNITY CTR 6306 NW 14 AV 5 i 0 CHARLES R_ DREW MIDDLE SCHOOL 1801 NW 80 ST 511 CHARLES R DREW ELEMENTARY 1775 NW 60 ST 512 ORCHARD VILLA ELEMENTARY SCH 5720 NW 13 AV 513 BELAFONfE TACOLCY CTR 6181 NW 9 AV 514 ATHALIE RANGE PARK 525 NW 62 ST 51.5 LEMON CITY BRANCH LIBRARY 430 NE 01 ST 516 MORNINGSIDE PARK I 750 NE 55 TR 517 ARCHBISHOP CURLEY HIGH SCHOOL 300 NE 50 ST consists only of vacant and unimproved land on Virginia Key (no Citv registered voters). - �a OL LIST Or POLLING PLAC45 CITY or MIAMI PCT. LOCATION ADDRESS •iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 518 CHURCH OF GOD OF PROPHECY *1 4628 NW 1 AV 519 SHADOWLAWN ELEMENTARY 140 NW 40 ST 520 ST PAUL INSTITUTIONAL AME CHURCH 1892 NW 61 TA 521 CHARLES HADLEY PARK 1300 NW 50 ST 5:2 MOORE PARK 765 NW 38 ST 523 MIAMI JACKSON SENIOR HIGH 1751 NW 38 ST 524 LORAN 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 GREATER MIAMI ACADEMY 3100 NW 18 AV 529 CORPUS CHRISTI CATHOLIC SCH 798 NW 32 ST 530 ROBERT A. BALLARD ARMORY 700 NW 28 ST 531 MIAMI-DADE COMM COLLEGE 950 NW 20 ST 532 CULMER PLACE 610 NW 10 ST 533 ST JOHN INSTITUTIONAL MISS RAPT CH 1328 NW 3 AV 534 CULMER NEIGH SERVICE CTR 1600 NW 3 AV 535 PHYLLIS WHEATLEY ELEMENTARY 1801 NW 1 PL Iis-.5"T LIST Or POLLING PLACES CITY OF MIAMI Oct. LOCATION AbbAESS iiiiiiiiiii�iii��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii0iiiiifi�iiii�iiiiii• S36 DUNBAR ELEMENTARY SCH 505 NW 20 ST 537 EUGENIO MARIA OE MOSTOS CTR 2902 NW 2 AV 537 YWCA 210 NE 18 ST 539 YWCA 210 NE 18 ST 540 TRINITY CATHEDRAL HALL 464 NE 16 ST 541 MIAMI-DADE COMMUNITY COLLEGE 300 NE 2 AV 542 ;ACK ORR SENIOR CENTER 560 NW 5 ST 543 THE SALVATION ARMY 901 W FLAGLER ST 544 METROPOLITAN SENIOR CTR 1407 NW 7 ST 545 HUD - CONFERENCE RM 1407 NW 7 ST 547 MIAMI FIRE STATION 07 314 BEACOM 80 548 ST MICMAEL'.S CHURCH 2987 W FLAGLER ST 549 INTERAMERICAN MILITARY ACADEMY 3525 NW 7 ST 550 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 2980 NW S RIVER OR 551 STEPHEN P CLARK SLOG 1080 NW 37 AV 552 HENRY M. FLAGLER ELEMENTARY 5222 NW 1 ST 553 FLAGAMI COMMUNITY HOUSE 7121 SW 3 ST 88-5"lf I a_ 0'. WE LIST OF POLLING PLACES CITY OP MIAMI PCT. LOCATION ADDRESS •.riarraririiiirriirrirrrirrrrrirrrrriiirririrrrirrrrriirrririrrrriiirrr►■ 554 ROBERT KING HIGH COMMUNITY HOUSE n25 W FLAGLER ST 555 WEST END PARK COMMUNITY HOUSE 250 SW 60 AV 556 MIAMI FIRE STATION •11 5920 W FLAGLER ST 557 IGLESIA CRISTIANA REF EL BUEN SAM 4585 W FLAGLER ST 558 KINLOCH PARK COMMUNITY HOUSE 465 NW 47 AV 559 KINLOCH PARK JR HIGH SCH 4340 NW 3 ST 561 WESLEY UNITED METHODIST CH 133 PONCE DE LEON 80 562 KOUSEK 2TTH AVENUE CTR 2705 SW 3 ST 563 SHENANDOAH PRESBYTERIAN CHURCH 2150 SW 0 ST 584 LITTLE HAVANA •1 HOUSING PROJECT 1759 SW 6 ST 555 RIVERSIDE ELEMENTARY SCH 221 SW 12 AV 566 MANUEL ARTIME COMMUNITY CTR 900 SW 1 ST 557 MIAMI FIRE STATION •4 1105 SW 2 AV 568 SIMPSON PARK —RECREATION BLDG 53 SW 17 RD 569 UTD TOWERS 1809 BRICKELL AV 570 STS PETER & PAUL OATH SCH 1436 SW 12 AV 571 CORAL WAY PRESBYTERIAN CH 2O91 SW 14 AV 13 ss-saf- LIST OF POLLING PLACES CITY OF MIAMI PET LOCATION ADDRESS •.r�rrii��rri�r�rrr�r����lrrr•��rrrrrrr.err:,rliri�isib* asaleaaararmaaa*166666*0 572 SHENANDOAH ELEMENTARY 1023 SW 21 AV 573 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AV 574 WILLIAM MCALLISTER POST •1608 2750 SW 15 ST 575 CORAL GATE PARK COMMUNITY SLOG 1415 SW 32 AV 576 WILLIAM MCALLISTER POST •1608 2750 SW 16 ST 577 DOUGLAS PARK COMMUNITY HOUSE 2758 SW 37 AV 578 BOYS CLUB OF MIAMI 2805 SW 32 AV 579 SILVER BLUFF ELEMENTARY SCH 2609 SW 25 AV 580 CORAL WAY ELEMENTARY 1950 SW 13 AV 581 MUSEUM OF SCIENCE 3260 S MIAMI AV 582 ELIZABETH VIRRICK BOXING GYM 2600 S BAYSHORE DR 583 MIAMI FIRE STATION M8 2975 OAK AV 584 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST 586 GRAND AVENUE PARK 238 GRAND AV 586 MIAMI DADE WATER 3 SEWER AUTHORITY 3576 S LEJEUNE RD 587 PEACOCK PARK 2820 MCFARLANE RD f3S-5,lS J-88-581 6/8/88 RESOLUTION NO. A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SECTION 23, ENTITLED "DEPARTMENT OF OFF-STREET PARKING; OFF-STREET PARKING BOARD.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT • NO. 3, THEREBY EMPOWERING THE CITY COMMISSION TO REMOVE MEMBERS OF THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI, WHO WERE APPOINTED TO SAID BOARD SEPTEMBER 6, 1988, THROUGH CITY COMMISSION ADOPTION OF A RESOLUTION WITHOUT THE NEED TO STATE REASONS IN THE RESOLUTION FOR SUCH REMOVAL; MORE PARTICULARLY BY AMENDING SUBSECTION (b) OF SAID SECTION 23;, FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 FOR THE PURPOSE OF"SUBMITTING CHARTER AMENDMENT NO. 3 TO T4 ELECTORATE AT SAID ELECTION; FURTHER FROF ECTING THAT A CERTIFIED COPY OF THIS RUTION BE DELIVERED TO THE SUPERVIS ELECTIONS OF METROPOLITAN DADE COUNTY FLORIDA, NOT LESS THAN ;45 DAYS PRIOR TO E DATE OF SUCH SPECIAL MUNICIPAL ELZeTION. WHEREAS, pursuant to Resolution No. 88-434, adopted May 12, 1988, the City Attorney has prepared a proposed Charter Amendment; and rr i WHEREAS, the City Attorney's draft of the proposed charter amendment is set forth it its final form in this Resolution, said draft being submitted/to the electors of the City this date for their review and consideration by means of the herein resolution; and WHEREAS the herein proposed amendment shall be submitted to the electo to for their vote at a special municipal election on Septembe 6, 1988 as called for and provided herein and shall only b ome effective upon its approval by the electors; �E I_E:'- C'I L-�� Olk lit 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. Section 2a. Section 23, entitled "Department of off- street parking; off-street parking board.", of the Charter of the City of Miami, Florida, as amended, (Chapter 10847, Special Acts, Laws of Florida, 1925, as amended), is hereby amended by the amendment of Subsection (b) of said Section as follows: .1/ "Sec. 23 Department of off-street parking; off- street parking board. (b) There is hereby created and established a board to be known as the "Off -Street Parking Board of the City of Miami" (hereinafter sometimes called the "Off-street parking board" or the "board") which shall consist of five members. Each member of the board shall either reside or have his principal place of business in the city and shall be an individual of outstanding reputation for integrity, responsibility and business ability, but no officer or employee of the city shall serve as a member of the board while employed as such officer or employee of the city. Within thirty days after the commission of the City of Miami shall have adopted an ordinance declaring the need for the department and for the board, it shall appoint the members of the board, two Of whom shall hold office for a term of two years, two of whom shall hold office for a term of three years, and one of whom shall hold office for a term of four years, and thereafter each member shall be appointed for a term of five years, as herein provided. At least ten days prior to the date of expiration of the term of any member of the board, or within ten days after the death, resignation or removal Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Asterisks indicate omitted and unchanged material. The remaining subsections of Section 23 are now in effect and remain unchanged. -2- S It of any sh member, his successor shall be named and appointed by the remaining members of the board. subject to confirmation by the commission of the city. In the event that any appointment so made shall not be confirmed by the commission within ten days after notice of such appointment has been served upon the commission, the appointment shall be null and void, and thereupon the remaining members of the board shall make a new appointment, or appointments, which shall likewise be subject to confirmation by the commission and each member of the board shall be eligible for reappointment. The successor in each case shall be appointed and shall hold office for a term of five years from the date of expiration of the term of his predecessor, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Upon the effective date of his appointment, or as soon thereafter as practicable, each member of the board shall enter upon his duties, but before doing SO he shall take the oath prescribed by section 41(e) of the city charter and shall execute a bond in the penal sum of ten thousand dollars ($10.000) payable to the department and conditioned upon the faithful performance of the duties of his office, which bond shall be approved by the commission of the city and filed with the city clerk, the cost of the premium on any such bond to be treated as part of the cost of operating the department. The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such larger sum as the commission of the city may establish by ordinance, payable in monthly installments. F-xnant as provided herein__ A&ny member of the board may be removed by the commission of the city for good cause and after proper hearing by the commission. but if so removed, may apply to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the action of the oommission.L b. The charter amendment proposed in this Section shall be known as Charter Amendment No. 3. 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, September 6, 1988, 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. 3. -3- 1 �r 1� �L it I 7 �• Section 4. 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 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 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 S. In compliance with Section 100.342, Florida Statutes. 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: -4- 10# i "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 8, 1988 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A special referendum election will be held on Tuesday, September 6, 1988, 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 Charter Amendment No. 3 be adopted to authorize the removal of members of the Off - Street Parking Board of the City of Miami. who were appointed to said Board after September 6, 1988, through City Commission adoption of a resolution without the need to state reasons in the resolution for such removal?" Charter Amendment No. 3 empowers the City Commission to remove members appointed after September 6, 1988 to serve on the Off -Street Parking Board of the City of Miami through Commission adoption of a resolution without the need to state reasons in the resolution for such removal. 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 (CES), and shall be in substantially the following form, to wit: Min I f OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, SEPTEMBER 6, 1988 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: CHARTER AMENDMENT RELATED TO REMOVAL OF OFF-STREET PARSING BOARD MEMBERS. YES "Shall Charter Amendment No. 3 be adopted to authorize the removal of members of the Off -Street Parking Board of the City of Miami, who were appointed to said Board after September 6, 1988 through City Commission adoption of a resolution NO without the need to state reasons in the resolution for such removal?" 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 8. 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, r� } authorized, an directed to furnish, at t7ecost 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. Section 10. For the purpose of enabling persons to register who are qualified to vote in said municipal election to be held on September 6, 1988, 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 Election Department located at 111 Northwest 1 Street, Miami, 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 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. -7- ""., AN geotion i . 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. PASSED AND ADOPTED this ___ day of _ I L I _ ____ _ __ , 1988. ATTEST: MATTY HIRAI. CITY CLERK PREP ED AND APPROVE BY: aW41-a &/;�� ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JORGE L . F`kRNAND Z CITY ATTORNEY RFC/bss/M726 -8- XAVIER L. SUAREZ. MAYOR of 'MtMittt MATTY HIRAI city clerk Lod June 11, 1088 HAND DELIVERED Mr. David Leahy Supervisor of Elections Metro Dade Center 19th Floor 111 N.W. 1 Street Miami, Florida 33130 Dear Mr. Leahy: WAR H. 0DI0 City Maniger Enclosed herein please find certified copies of the documents calling and providing for the holding of a Special Municipal Election on September 6, 1988 for the purpose of submitting to the voters the following proposed questions: 1. Resolution 88-541: 2. Resolution 88-534: 3. Resolution 88-535: Charter Amendment No. 1- Shall the elected Mayor of the City of Miami serve a four year term? Charter Amendment membership of the Board be expanded members? No. 2- Shall the Off -Street Parking from five to eleven Charter Amendment No. 3- shall the City Attorney serve as General Counsel to the Miami Off -Street Parking Board? Kindly make the necessary arrangements to have this material included on the ballot for the September 6th Presidential Primary. We are hand -delivering an identical copy of the above - mentioned documents to Ahmed Simeon, for the required official translation of the ballot questions. Your continued courtesies are very much appreciated. If you have any questions, please do not hesitate to call. Yyv truly yours, e-H City Clerk MH:sl ENC: a/s OFFICE OF THE CITY CLERK/City Hall/3500►an American Drive/P.O.Box 33070E/Miami, Florida 33233-070E/(305) 57%-W5 tlioiloa j $R-5 C ■, y of AUUM M CiitTV tyy C etit ►_ city Mana$et 0 .Cw# twit Q June 11, 1968 HAND DELIVERED Mr. Ahmed Simeon 2958 Day Avenue Miami, Florida 33133 Dear Mr. Simeon: Enclosed please find certified copies of the documents providing for the holding of the City of Miami Special Municipal Election presently scheduled for September 6, 1988 on the following questions: 1. Resolution 88-541: Charter Amendment No. 1- Shall the elected Mayor of the City of Miami serve a four year term? 2. Resolution 88-534: Charter Amendment No. 2- Shall the membership of the Off -Street Parking Board be expanded from five to eleven members? 3. Resolution 88-535: Charter Amendment No. 3- shall the City Attorney serve as General Counsel to the Miami Off -Street Parking Board? Kindly proceed to translate the official ballot questions, and immediately forward to Mr. David Leahy, Supervisor of Elections, Metro Dade Center, 19th Floor, 111 N.W. 1 Street, Miami, Florida 33130, with a copy to my office together with your bill. If you have any questions, please do not hesitate to call. Ve truly yours, atty Hirai City Clerk MH:sl ENC: a/s cc: David Leahy, Supervisor of Elections 1? S3 � OFFICE OF THE CITY CLERK/City Hail/11M Pan American Orive/P.O.Sox 330705/Miami, Florida 33233-0706/(305) 579-6065