HomeMy WebLinkAboutR-79-0632A RESOLUTION DECLARING AND CERTIFYING THE RESULTS
OF THE SPECIAL MUNICIPAL ELECTION HELD ON SEPTEM-
BER 18, 1979 FOR THE PURPOSE OF VOTING FOR THE
APPROVAL OR DISAPPROVAL OF THE FOLLOWING: (a)
CHARTER AMENDMENT NO. 1 WHICH PROPOSED AN AMENDMENT
TO SECTION 3(f) OF THE CITY CHARTER TO PROVIDE FOR A
PROHIBITION UPON THE LEASING OF OR THE MAKING OF
MANAGEMENT CONTRACTS FOR ANY CITY WATERFRONT PROPERTY
WITH PRIVATE FIRMS OR PERSONS, WITH THE EXCEPTION OF
(1) THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L.
KNIGHT INTERNATIONAL CENTER AND HOTEL FACILITY,.
INCLUDING ALL IMPROVEMENTS THEREON, (2) ANY PROJECT,
THE FINANCING OF WHICH HAS BEEN PROVIDED BY THE
AUTHORIZATION OF BONDS TO BE ISSUED BY THE CITY OF
MIAMI, WHICH LEASES AND CONTRACTS WOULD PREVENT
REASONABLE PUBLIC ACCESS TO THE WATER OR WHICH
WOULD PREVENT PUBLIC USE OF SUCH WATERFRONT PROPERTY,
OR WHICH WOULD NOT RESULT IN A FAIR RETURN TO THE
CITY BASED ON TWO INDEPENDENT APPRAISALS, OR WHICH
WOULD PERMIT USE OF SUCH PROPERTY NOT AUTHORIZED
UNDER THE THEN EXISTING MASTER PLAN OF THE CITY OF
MIAMI, OR WHICH LEASE OR CONTRACT WAS NOT SUBJECT
TO COMPETITIVE BID OR COMPETITIVE NEGOTIATIONS:
SAID PROPOSED CHARTER AMENDMENT ALSO PROHIBITING
EXTENSION OR MODIFICATION OF ANY EXISTING SUCH LEASE`.
OR MANAGEMENT AGREEMENT WHICH DID NOT COMPLY WITH
EACH OF THE ABOVE REQUIREMENTS, UNLESS SUCH PROPOSED
EXTENSION OR MODIFICATION SHALL FIRST HAVE BEEN
APPROVED BY A MAJORITY OF THE VOTERS OF THE CITY OF
MIAMI; AND (b) CHARTER AMENDMENT NO. 2 WHICH PROPOSED
AN AMENDMENT TO SECTION 3(4) OF THE CITY CHARTER TO
PROVIDE FOR BUILDING PLACEMENT LIMITATIONS UPON
PROPERTY LOCATED ON BISCAYNE BAY OR UPON THE MIAMI
RIVER FROM ITS NOUTH TO THE N.W. 5TH STREET BRIDGE,
IN ORDER TO PRESERVE THE CITY'S NATURAL SCENIC
BEAUTY, TO GUARANTEE OPEN SPACES, AND TO PROTECT
THE WATERFRONT BY IMPOSING MINIMUM FRONT AND SIDE
SETBACK REQUIREMENTS, SUBJECT TO WAIVER UPON CERTAIN
CONDITIONS AND FURTHER SUBECT TO CERTAIN EXCEPTIONS;
SAID ELECTION RESULTING IN APPROVAL OF EACH OF THE
SAID PROPOSED CHARTER AMENDMENTS.
WHEREAS, a special municipal election
"DOCUMENT INDEX
ITEM NO.
was duly held in
the City of Miami, Florida on September 18, 1979; and
WHEREAS, said election was duly conducted in accord-
ance with the provisions of the "Electronic Voting Systems
Act".(F.S. 101.5601 through 101.5615); and
WHEREAS, the official returns of each.of 87 election
precincts in the
herein election of September
18, 1979 have
If
CITY COMMISSION
MEETING of
SEP2 01979
ammurraN h. 7 9 - d a.
11Ewrs:
1
been duly certified by RALPH G. ONGIE, City Clerk,'
Of Elections
certified by the Supervisorof"Elections for Metropolitan
upervisor
for the City of Miami, Florida
Dade County, Florida, and
and also duly`.
those official retttrns have been
delivered to and"duly canvassed.by. the City'Commission.-
NOW, Tl-IEREFORE, BE IT RESOLVED.BY THE COMMISSION OF.
THE CITY OF MIAMI, FLORIDA:
Section 1. The results of the special municipal elec
tion held' in the
1979 are as
City"of'Miami, Florida,,:
follows
n September'18
(a) On the proposed Charter Amendment -N:o.
dulysubmitted, as follows:
which was,
'Shall ,Section 3(f) of<the Charter of the City "o'f:
Miami be amended by prohibiting the leasing .for commer-
cial use ;.of, .or making'of management: contracts,for,"'any
city _: waterfront property, with"the exception>iof'(l),.the
City of Miami/University of Miami James L.Knight Inter-
national Center and hotel facility, including all improve-
ments thereon; and (2) any project, the financing ofwhich
has been provided by the authorization of bonds to be
issued by the City of Miami, which leases or contracts
would prevent reasonable public access to the water or
which would prevent public use of such waterfront property,
or which would not result in a fair return to the City
based on two independent appraisals, or which would permit
useof such property not authorized under the then exist-
ing Master Plan of the City of Miami, or which lease or
contract was not subject to competitive bid or competitive
negotiations; said charter amendment also prohibiting
extension or modification of any existing such lease or
management agreement which does not comply with each of
the above requirements, unless such proposed extension or
modification has first beenapproved by a majority of
the voters of the City of Miami."
there. were 17,278 votes cast for approval of
the said
proposed
amendment and 13,030 votes cast against approval of said
Commission hereby finds,
proposed amendment, and the City
was
declares, and certifies that the said proposed amendment
approved by the electorate further, the City Commission hereby
•
declares the total number'of ballots Cast upon said proposed
amendment", including absentee ballots, at said election -in th
87 voting precincts was 30,308.
e
79-632
•
Charter- . Atendment No. .2 which was
(b) On the proposed
• .
duly
subtititted. as f
• : • .
"Shall
. . . . •
. .
of
Section 3 (4)-,-01:±tlfewoiteroftl-:* city
. „ .
. .„ . . . . . . . .
Si
tationS upon land located. onBiscayfle
Mi
roritHits Street
Bridge
• order :: erve;..the-.0 scenic
. _ . _ .
to guarantee open spaces, and to protect the
_ .
-:-,:waterfOtt
by imposing minimulfl.kcintaftd:;-•-aisiept6ackY-kaguitemeritp ,
subject to taaivat'--:UpCA17'Certain---•±-,OcCept4:OU0
there were 20,439 votes:e.47i::.:,O.t*443(34L of
the said proposed
amendment and ° cast pro-
posed amendmeflt ande s ,
and certifies that the said proposed amendmeflt was approved by
the electorate; further, the City CommiSSiOfl hereby
that the total number of ballots cast upon said proposed amend -
the 87
ion invoting precinctS was
31,252
thereofSection 2. The City CommiSSiOfl also hereby finds, declareS
and certlfieS: (a) said special municipal election vas duly
and properly held and notice
ance with law; (b) all steps in coflfleCti0fl with and ieading
up to said special electiofl were duly, regularlY and lawfully
taken
and :-.140, all app1icab1e
tution and statuteS of the State of Flori-da, the Dade County
Electiori Code, and the City Code have been duly complied with.
•
Sectiofl 3. The City Clerk is hereby authoriZed and direc-
ted to perform any and all incidental duties in conneCti0fl
•
11e r
PASSED 1979. f September
Maurice A. Ferre
TT ST:
RAL G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
SL,e
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
GEORG
CITY
-3-
MAY
S TO F
NC
F. KNOX
TORNEY
AND CORRECTNESS:
7. 9 an 6 2