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HomeMy WebLinkAboutR-10-0333Vop City of Miami Legislation < U R �O Resolution: R-10-0333 File Number: 10-00869b City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/29/2010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO AUTHORIZE THE CITY COMMISSION, BY ORDINANCE, TO DISCONTINUE THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") AND THE DOSP BOARD, MODIFY THE DOSP BOARD, TRANSFER DOSP'S ASSETS TO THE CITY OF MIAMI ("CITY"), ALLOW FOR THE OPERATION, MANAGEMENT AND CONTROL OF PARKING FACILITIES BY THE CITY OR DOSP, AND AUTHORIZE THE MANAGEMENT, LEASE OR SALE OF ANY OR ALL OF THE PARKING FACILITIES TO A PUBLIC OR PRIVATE ENTITY; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID REFERENDUM; 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 MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. WHEREAS, the Miami City Commission has determined that it is in the best interest of the City of Miami ("City") that the City Commission, by ordinance, be authorized to discontinue the Department of Off -Street Parking ("DOSP") and the DOSP board, modify the DOSP board, transfer DOSP'S assets to the City, allow for the operation, management and control of parking facilities by the City or DOSP, and authorize the management, lease or sale of any or all of the parking facilities to a public or private entity, at the discretion of the Commission; and WHEREAS, pursuant to Resolution No. 10-0332, adopted July 29, 2010, the City Commission directed the City Attorney to prepare a proposed Charter Amendment to authorize the City Commission to discontinue DOSP and the DOSP board, modify the DOSP board, transfer DOSP's assets to the City, and allow for a change from the current operation, management and control of the parking facilities or allow for the management, lease or sale of any or all of the parking facilities to a public or private entity; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and City of Miand Page 1 of 6 File Id. 10-00869b (Version: 1) Printed On: 8/4/2017 File Number: 10-00869b Enactment Number: R-10-0333 WHEREAS, the proposed amendment shall be submitted to the electorate at a referendum special election to be held on November 2, 2010, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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. Section 23 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), entitled "Department of Off -Street parking; Off -Street Parking Board," is hereby proposed to be amended in the following particulars:{1} The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 1. "PART I CHARTER AND RELATED LAWS SUBPARTA THE CHARTER "Sec. 23. Department of off-street parking; off-street parking board. Notwithstanding any provision to the contrary contained in this Charter, the City Code, or any ordinances of the City, the City Commission may, by ordinance, authorize all or anv of the followina: {il the transfer of the off-street parking facilities, including all assets, obligations and functions of the department to the City, thereby discontinuing the department and the board; {ii} the operation, management and control of any or all of the off-street parking facilities by the City, by the department, or a public or private entity; Oil the conveyance of any or all rights related to the off-street parking facilities including management, lease or sale of such facilities to a public or private entity. {ivl amend the board composition by providing for modified membership, qualifications, nominations and appointments of members, terms of office, filling of vacancies, meetinas. auorum. attendance reauirements. City of Miand Page 2 of 6 File Id. 10-00869b Mersion: 1) Printed On: 8/4/2017 File Number: 10-00869b Enactment Number: R-10-0333 Section 3. In accordance with the provisions of Section 2-12 of the Code of the City of Miami, Florida, as amended, and Section 6.03 of the Miami -Dade County Home Rule Charter, a referendum special 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 2, 2010, 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. 1. Section 4. The referendum special 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 Miami -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 Miami -Dade County, Florida, 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 of Miami, and which the City of Miami is hereby adopting and desires to use for holding such referendum special 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 Miami -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 (2009), 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 referendum 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 REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 10-0332 A referendum special election will be held on Tuesday, November 2, 2010 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 Miami -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 Miami Charter be amended to authorize the City Commission, by ordinance, to discontinue the Department of Off -Street Parking (DOSP) and the DOSP board, modify the DOSP board, transfer DOSP's assets to the City of Miami (City), allow for the operation, management and control of parking facilities by the City or DOSP, and authorize the City of Miand Page 3 of 6 File Id. 10-00869b Mersion: 1) Printed On: 8/4/2017 File Number: 10-00869b Enactment Number: R-10-0333 management, lease or sale of any or all of the parking facilities to a public or private entity?" Charter Amendment No. 1 authorizes the City Commission, by ordinance, to discontinue the Department of Off -Street Parking (DOSP) and the DOSP board, modify the composition of the DOSP board, transfer DOSP's assets to the City of Miami (City), allows for the operation, management and control of parking facilities by the City or DOSP, and further authorizes the management, lease or sale of any or all of the parking facilities to a public or private entity, at the discretion of the City Commission. 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.) Section 6. The official ballot to be used at said referendum special 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, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 2, 2010 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Authorizing modification of Off -Street Parking Department and board, transfer of assets, operation, management and control. YES (For the Measure) NO (Against the Measure) "Shall the Miami Charter be amended to authorize the City Commission, by ordinance, to discontinue the Department of Off -Street Parking (DOSP) and the DOSP board, modify the DOSP board, transfer DOSP's assets to the City of Miami (City), allow for the operation, management and control of parking facilities by the City or DOSP, and authorize the management, lease or sale of any or all of the parking facilities to a public or private entity?" Section 7. 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 the Question. Electors desiring to vote to disapprove the Question, shall be instructed to punch straight down with the stylus through the hole City of Miand Page 4 of 6 File Id. 10-00869b Mersion: 1) Printed On: 8/4/2017 File Number: 10-00869b Enactment Number: R-10-0333 next to the word "NO" within the ballot frame containing the statement relating to the 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 absentee electors entitled to cast such ballots in said referendum special election. Section 9. All qualified electors of said City of Miami shall be permitted to vote in said referendum special election and the Supervisor of Elections of Miami -Dade County, Florida, 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 referendum special election to be held on November 2, 2010, 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, as amended, or who have transferred their legal residence from one voting precinct to another in the City of Miami, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87th Avenue, Doral, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -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 herein described referendum special election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. PRISCILLAA. THOMPSON, the City Clerk of the City of Miami, Florida, or the 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 Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said referendum special election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five (45) days prior to the date of the herein referendum special election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 5 of 6 File Id. 10-00869b (Version: 1) Panted On: 8/4/2017 File Number: 10-00869b Enactment Number: R-10-0333 {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miand Page 6 of 6 File Id. 10-00869b (Version: 1) Printed On: 8/4/2017