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HomeMy WebLinkAboutScrivener's Error MemoICITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorney s/George K. Wysong /II DATE: May 22, 2024 RE: Resolution No. R-24-0180 — Ballot Question Gym Maurice Ferre Park File No. 16043 At its May 9, 2024 meeting, the City Commission adopted the above referenced agenda item, NA.2, calling for a referendum special election concurrent with the primary election to be held on August 20, 2024, for the purpose of submitting to the qualified electors of the City of Miami ("City") for their approval or disapproval of the following referendum ballot question: "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the City park located at 1075 Biscayne Boulevard, Miami, Florida 33132, also known as Maurice A. Ferro Park, to enhance recreational facilities and promote community health and fitness for all our residents?"; 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; directing the City Clerk to cause a certified copy of this 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; further directing the City Manager to meet with the Supervisor to negotiate a reduction of costs for placement of the City of Miami's question on the August primary ballot. The item inadvertently published with a ballot question header in the interrogatory form instead of the declaratory form. The Legislation has been corrected and incremented to Revision A. VM/TMF/vja Enclosure(s) l Lo 3 Ica.; Jew E'zJLOL (1(1.On.o City of Miami Resolution R-24-0180 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16043 Final Action Date: 5/9/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FOR A REFERENDUM SPECIAL ELECTION CONCURRENT WITH THE PRIMARY ELECTION TO BE HELD ON AUGUST 20, 2024, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY OF MIAMI KEEP ALREADY INSTALLED OUTDOOR GYM EQUIPMENT LIKE IN MANY OF OUR PARKS AT THE CITY PARK LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA 33132, ALSO KNOWN AS MAURICE A. FERRE PARK, TO ENHANCE RECREATIONAL FACILITIES AND PROMOTE COMMUNITY HEALTH AND FITNESS FOR ALL OUR RESIDENTS?"; 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; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS 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; FURTHER DIRECTING THE CITY MANAGER TO MEET WITH THE SUPERVISOR TO NEGOTIATE A REDUCTION OF COSTS FOR PLACEMENT OF THE CITY OF MIAMI'S QUESTION ON THE AUGUST PRIMARY BALLOT; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") owns and operates a park located at 1075 Biscayne Boulevard, Miami, Florida 33132, also known as Maurice A. Ferre Park ("Park"); and WHEREAS, the Park is a vital green space in the community that serves as a center for recreation and leisure for residents of all ages; and WHEREAS, the addition of gym equipment at the Park aligns with the city's,goals of fostering accessible recreational opportunities and promoting a healthy lifestyle among its residents; and WHEREAS, it is in the interest of the citizens of Miami to install gym equipment at the Park; WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF City of Miami Page 1 of 4 File ID: 16043 (Revision:) Printed On: 5/23/2024 File ID: 16043 Enactment Number: R-24-0180 MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Section 6 of the Charter of the City of Miami, Florida the Ballot Question provided below shall be included in the Referendum Special Election to be held concurrently with the Primary Election on Tuesday, August 20, 2024, for the purpose of submitting the following ballot question to the qualified electors of the City of Miami, for their approval or disapproval: "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the City park located at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferre Park, to enhance recreational facilities and promote community health and fitness for all our residents?" Section 3. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as "Exhibit A" 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 of Florida ("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, and which the City is hereby adopting and desires to use for holding such election is as follows: all voter information cards, registration books, records, and certificates pertaining to electors of the City 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 voter information cards, registration books, records and certificates of the City. Section 4. In compliance with Section 100.342, Florida Statutes (2023), regarding any Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami -Dade County's website as provided in Section 50.0311, Florida Statutes, or the City's website. The City Clerk is authorized and directed to publish notice of the adoption of this 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 Election is to be held, whichnotice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, AUGUST 20, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0180 A Referendum Special Election will be held on Tuesday, August 20, 2024 frb n 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 Miami -Dade County Supervisor of Elections 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: "Cu') City of Miami Page 2 of 4 File ID: 16043 (Revision:) Printed on: 5/23/2024 File ID: 16043 Enactment Number: R-24-0180 "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the City park located at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferre Park, to enhance recreational facilities and promote community health and fitness for all our residents?" By order of the Commission of the City of Miami, Florida. Section 5. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System and shall be in substantially the following form: "Official Ballot" Referendum Special Election Miami, Florida Tuesday, August 20, 2024 Shall the City of Miami keep installed outdoor gym equipment at Maurice A. Ferre Park? "Shall the City of Miami keep already installed outdoor gym equipment like in many of our iSarks at the City park located at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferre Park, to enhance recreational facilities and promote community health and fitness for all our residents?" YES NO Section 6. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the' 'Vote" button and the ballot shall be cast. Section 7. The Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 8. All qualified electors of said City 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, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of said City of Miami Page 3 of 4 File ID: 16043 (Revision:) Printed on: 5/23/2024 File ID: 16043 Enactment Number: R-24-0180 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 general election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, August 20, 2024, and who have not registered under the provisions of the general laws of the State 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 Miami - Dade County Elections Department located at 2700 Northwest 87th Avenue, Miami, 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 10. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his 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 general election. Section 11. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida. not later than forty-five (45) days prior to the date of the herein Referendum Special Election. Section 12. The City Manager is hereby directed to meet with the Supervisor to negotiate a reduction of the costs for placement of the City's question on the August primary ballot. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C ty ttor -y 5/14/2024 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 Miami Page 4 of 4 File ID: 16043 (Revision:) Printed on: 5/23/2024 City of Miami Resolution R-24-0180 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16043 Final Action Date: 5/9/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FOR A REFERENDUM SPECIAL ELECTION CONCURRENT WITH THE PRIMARY ELECTION TO BE HELD ON AUGUST 20, 2024, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY OF MIAMI KEEP ALREADY INSTALLED OUTDOOR GYM EQUIPMENT LIKE IN MANY OF OUR PARKS AT THE CITY PARK LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA 33132, ALSO KNOWN AS MAURICE A. FERRE PARK, TO ENHANCE RECREATIONAL FACILITIES AND PROMOTE COMMUNITY HEALTH AND FITNESS FOR ALL OUR RESIDENTS?"; 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; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS 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; FURTHER DIRECTING THE CITY MANAGER TO MEET WITH THE SUPERVISOR TO NEGOTIATE A REDUCTION OF COSTS FOR PLACEMENT OF THE CITY OF MIAMI'S QUESTION ON THE AUGUST PRIMARY BALLOT; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City of Miami ("City") owns and operates a park located at 1075 Biscayne Boulevard, Miami, Florida 33132, also known as Maurice A. Ferro Park ("Park"); and WHEREAS, the Park is a vital green space in the community that serves as a center for recreation and leisure for residents of all ages; and WHEREAS, the addition of gym equipment at the Park aligns with the city's goals of fostering accessible recreational opportunities and promoting a healthy lifestyle among its residents; and WHEREAS, it is in the interest of the citizens of Miami to install gym equipment at the Park; WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF City of Miami Page 1 of 4 File ID: 16043 (Revision: A) Printed On: 5/23/2024 File ID: 16043 Enactment Number: R-24-0180 MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Section 6 of the Charter of the City of Miami, Florida the Ballot Question provided below shall be included in the Referendum Special Election to be held concurrently with the Primary Election on Tuesday, August 20, 2024, for the purpose of submitting the following ballot question to the qualified electors of the City of Miami, for their approval or disapproval: "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the City park located at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferre Park, to enhance recreational facilities and promote community health and fitness for all our residents?" Section 3. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as "Exhibit A" 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 of Florida ("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, and which the City is hereby adopting and desires to use for holding such election is as follows: all voter information cards, registration books, records, and certificates pertaining to electors of the City 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 voter information cards, registration books, records and certificates of the City. Section 4. In compliance with Section 100.342, Florida Statutes (2023), regarding any Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami -Dade County's website as provided in Section 50.0311, Florida Statutes, or the City's website. The City Clerk is authorized and directed to publish notice of the adoption of th Resolution and of the provisions hereof at least twice, once in the fifth week and once 1n the' third week prior to the week in which the aforesaid Special Election is to be held, whidhmnoti shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, AUGUST 20, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0180 A Referendum Special Election will be held on Tuesday, August 20, 2024 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 Miami -Dade County Supervisor of Elections 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: ry City of Miami Page 2 of 4 File ID: 16043 (Revision: A) Printed on: 5/23/2024 File ID: 16043 Enactment Number: R-24-0180 "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the City park located at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferre Park, to enhance recreational facilities and promote community health and fitness for all our residents?" By order of the Commission of the City of Miami, Florida. Section 5. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System and shall be in substantially the following form: "Official Ballot" Referendum Special Election Miami, Florida Tuesday, August 20, 2024 Keeping installed outdoor gym equipment at Maurice A. Ferre Park YES NO "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the City park located at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferre Park, to enhance recreational facilities and promote community health and fitness for all our residents?" Section 6. The form of the ballot shall be in accordance with requirements o gene(aF election laws. Electors desiring to vote in approval of the Question described above:shall be instructed to vote their selection next to the word "YES" within the ballot containing:,th'e statement relating to the Question. Electors desiring to vote to disapprove the Question,$hall'e instructed to vote their selection next to the word "NO" within the ballot containing the state eft relating to the Question. Once individuals are satisfied with their choice, they shall press the "\Tote" button and the ballot shall be cast. Section 7. The Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 8. All qualified electors of said City 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, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of said City of Miami Page 3 of 4 File ID: 16043 (Revision: A) Printed on: 5/23/2024 File ID: 16043 Enactment Number: R-24-0180 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 general election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, August 20, 2024, and who have not registered under the provisions of the general laws of the State 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 Miami - Dade County Elections Department located at 2700 Northwest 87th Avenue, Miami, 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 10. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his 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 generai election. Section 11. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida. not later than forty-five (45) days prior to the date of the herein Referendum Special Election. Section 12. The City Manager is hereby directed to meet with the Supervisor to negotiate a reduction of the costs for placement of the City's question on the August primary ballot. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: III, C y ttor y 5/23/2024 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 Miami Page 4 of 4 File ID: 16043 (Revision: A) Printed on: 5/23/2024