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HomeMy WebLinkAboutLegislation-SUB (2)THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-24-0282 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16360 Final Action Date: 7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 29-C OF THE CHARTER, TITLED "SAME — WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE SALE AND/OR LEASE OF +5.4 ACRES OF THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL ("PROPERTY") BASED UPON FAIR MARKET VALUE OF $135,000,000 TO ECORESILIENCY MIAMI LLC, FOR RESIDENTIAL AND COMMERCIAL USES, REQUIRING CANCELLATION OF THE EXISTING LEASE, PAYMENTS TO CITY, DEVELOPMENT OF A NEW +13.3-ACRE PUBLIC WATERFRONT PARK ON THE REMAINDER OF PROPERTY AT NO COST TO THE CITY, CONTRIBUTING $15,000,000 FOR AFFORDABLE HOUSING, INFRASTRUCTURE AND OF OTHER PUBLIC BENEFITS; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024; 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 ELECTION; FURTHER DIRECTING THE CITY MANAGER TO USE GOOD FAITH EFFORTS TO BRING BEFORE THE COMMISSION FOR 4/5THS APPROVAL A FULLY NEGOTIATED PURCHASE AND SALE AGREEMENT AND RELATED AGREEMENTS, ALL GENERALLY IN ACCORDANCE WITH THE DRAFT TERM SHEET ATTACHED AS EXHIBIT A ("TERM SHEET"), AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON OR BEFORE THE FEBRUARY 27, 2025 REGULAR CITY COMMISSION MEETING,SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA AND BY THE ELECTORATE ON NOVEMBER 5, 2024; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Damian Pardo WHEREAS, the City of Miami ("City") is the owner of that certain tract of land on Watson Island comprising approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami; Florida ("Property"); and WHEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease and Development Agreement, as modified from time to time (collectively, the "Lease") for the Property; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and City of Miami Page 1 of 7 File ID: 16360 (Revision: B) Printed On: 1/9/2025 16360 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: R-24-0282 WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a purchase and sale agreement and related agreements ("Agreement"), in a form acceptable to the City Attorney, which will allow the sale and/or lease of the Residential Parcel based on fair market value, for construction and operation of the Residential Development subject to: City approval, approval of any necessary zoning changes, cancellation of existing Lease, repayment of the existing loan of approximately $32,000,000 due to City and Miami -Dade County and of the existing Ygrene C- Pace loan of approximately $1,200,000, and approval by the Florida Board of the Trustees of the Internal Improvement Trust Fund; and requiring construction of a new public waterfront park at no cost to the City; annual and up -front payments to the City, and other community benefits; and WHEREAS, the sale and/or lease of the Residential Parcel to Ecoresiliency Miami LLC will be subject to other restrictions, reversions, and retention by the City of all other rights; and WHEREAS, at its regularly scheduled meeting on July 15, 2024, a majority of members of the City of Miami Climate Resilience Committee, voted in favor of supporting the proposed redevelopment, as described herein; and WHEREAS, the City directs the City Manager to negotiate the Agreement generally in accordance with the Term Sheet containing the terms indicated above, attached and incorporated as Exhibit "A," and to use good faith efforts to place such Agreement as approved in a form acceptable to the City Attorney, for approval on a Commission agenda on or before the February 27, 2025 City Commission meeting, subject to approval by the electorate on November 5, 2024; and WHEREAS, the City Commission has determined that the Agreement will be in the City's best interest; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Sections 3 and 29-C of the Charter of the City of Miami, Florida, as amended ("Charter"), and § 6.03 of the Miami -Dade County Home Rule Charter, a Referendum Special Election is to be held concurrently with the General Election being called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 5, 2024, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment for the Lease as stated herein. City of Miami Page 2 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: R-24-0282 Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 29-C. Same — Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance, lease or management agreement may be entered into for the management, occupancy or use of the area known as Watson Island for periods greater than one year unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or management agreement, published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one- fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum. The procedures for selection of proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality; The city commission, by a 4/s`hs affirmative vote, may authorize issuance of a license'or concession agreement for a period not exceeding one (1) year, without the necessity, of a referendum, for the use of Watson Island. "Notwithstanding anything herein to the contrary, the City Commission, by a 4/5ths affirmative vote, may: 1771 01. ( ) waive competitive bidding and approve the sale and/or lease of approximately 5.4 acres of that certain property located at 1111 Parrot Jungle Trail based upon fair market value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving competitive bidding and requiring cancellation of the existing theme park and hotel lease, reverting approximately thirteen (13) acres to the City to construct a new public waterfront park at no cost to the City, and contributing $15,000,000 for affordable housing, infrastructure, and other public benefits." Section 4. 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 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. City of Miami Page 3 of 7 File ID: 16360 (Revision: 6) Printed on: 1/9/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: R-24-0282 referred to as Exhibit "B" or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida ("Supervisor"), 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 Referendum Special 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 Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is 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, 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. Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. 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 Referendum Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0282 A Referendum Special Election will be held on Tuesday, November 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections of Miami -Dade County, Florida, as set forth herein, unless otherwise_ provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding, and requiring: • Returning 13 acres to City to construct new public waterfront park at no cost to City; • Cancelling existing theme park and hotel lease; and • Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" This Charter Amendment will amend Section 29-C of the Miami Charter to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and execute an agreement for the sale or lease of tlt City of Miami Page 4 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: R-24-0282 approximately 5.4 acres of the property located at 1111 Parrot Jungle Trail ferbased upon fair market value at $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses, pursuant to applicable zoning requiring: cancellation of the existing theme park and hotel lease, contributing $15,000,000 for affordable housing, infrastructure, and other public benefits and returning +13.3-acres to the City for construction of a public waterfront park at no cost to the City. By order of the Commission of the City of Miami, Florida. Section 6. 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 Tuesday, November 5, 2024 for Approval or Disapproval of the following question: Charter Amendment: Partial Conveyance for Revised Development at 1111 Parrot Jungle Trail on Watson Island "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding, and requiring: • Returning 13 acres to City to construct new public waterfront park at no cost to City; • Cancelling existing theme park and hotel lease; and • Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" YES NO LID Section 7. 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. Section 8. The City 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. City of Miami Page 5 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: R-24-0282 Section 9. All qualified electors of the 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 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 Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, November 5, 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. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. 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 related 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 not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. The City Manager is authorized2 and directed to negotiate the Agreement, in and in strict accordance with the terms of the ballot language approved by this Resolution, and use good faith efforts to bring such Agreement for consideration and 4/5ths approval by the City Commission at the February 27, 2025 meeting of the City Commission, subject to approval by the electorate on November 5, 2024, and the Board of Trustees of the Internal Improvement Fund of the State of Florida. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.3 2 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 3 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 6 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: R-24-0282 APPROVED AS TO FORM AND CORRECTNESS: rge Wyy ng III, C y'-ttor 7/25/2024 e • rge Wy j ng III, C ty - ttor -y 1/9/2025 City of Miami Page 7 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 City of Miami Resolution R-24-0282 Legislation File Number: 16360 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Final Action Date: 7 5/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), A SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED A TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CH AMENDING SECTION 29-C OF THE CHARTER, TITLED "SAME — WATSO AUTHORIZE THE CITY COMMISSION BY FOUR -FIFTHS (4/5THS) AFFI WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAG THE SALE AND/OR LEASE OF +5.4 ACRES OF THAT CERTAIN PR 1111 PARROT JUNGLE TRAIL ("PROPERTY") BASED UPON FAIR $135,000,000 TO ECORESILIENCY MIAMI LLC, FOR RESIDENTI USES, REQUIRING CANCELLATION OF THE EXISTING LEAS DEVELOPMENT OF A NEW +13.3-ACRE PUBLIC WATERFR REMAINDER OF PROPERTY AT NO COST TO THE CITY FOR AFFORDABLE HOUSING, INFRASTRUCTURE AND CALLING FOR AND PROVIDING THAT THE CHARTER TO THE ELECTORATE AT THE REFERENDUM SPE CONCURRENTLY WITH THE GENERAL ELECTIO DESIGNATING AND APPOINTING THE CITY CL OF THE CITY COMMISSION WITH RESPECT T BOOKS AND RECORDS; FURTHER DIRECT CERTIFIED COPY OF THE HEREIN RESO SUPERVISOR OF ELECTIONS OF MIAM FORTY FIVE (45) DAYS PRIOR TO TH THE CITY MANAGER TO USE GOOD COMMISSION FOR 4/5THS APPRO AGREEMENT AND RELATED AG THE DRAFT TERM SHEET ATT ACCEPTABLE TO THE CITY REGULAR CITY COMMISSI TRUSTEES OF THE INT BY THE ELECTORATE DATE FOR THIS RES ROVING, NDMENT ER"); SLAND," TO ATIVE VOTE, TO TO NEGOTIATE ERTY LOCATED AT ARKET VALUE OF AND COMMERCIAL PAYMENTS TO CITY, T PARK ON THE NTRIBUTING $15,000,000 F OTHER PUBLIC BENEFITS; MENDMENT WILL BE SUBMITTED AL ELECTION TO BE HELD CHEDULED FOR NOVEMBER 5, 2024; K AS THE OFFICIAL REPRESENTATIVE THE USE OF VOTER REGISTRATION G THE CITY CLERK TO CAUSE A TION TO BE DELIVERED TO THE ADE COUNTY, FLORIDA NOT LESS THAN ATE OF SUCH ELECTION; FURTHER DIRECTING AITH EFFORTS TO BRING BEFORE THE AL A FULLY NEGOTIATED PURCHASE AND SALE EMENTS, ALL GENERALLY IN ACCORDANCE WITH CHED AS EXHIBIT A ("TERM SHEET"), AND IN A FORM TORNEY, ON OR BEFORE THE FEBRUARY 27, 2025 N MEETING,SUBJECT TO APPROVAL BY THE BOARD OF AL IMPROVEMENT FUND OF THE STATE OF FLORIDA AND NOVEMBER 5, 2024; PROVIDING AN IMMEDIATE EFFECTIVE UTION. SPONSOR(S): C. missioner Damian Pardo WHER Island comp Florida ("P and Pr S, the City of Miami ("City") is the owner of that certain tract of land on Watson ing approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, perty"); and HEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease evelopment Agreement, as modified from time to time (collectively, the "Lease") for the erty; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and City of Miami Page 1 of 7 File ID: 16360 (Revision: A) Printed On: 1/9/2025 SUBSTITUTED File ID: 16360 Enactment Number: R-24-0282 WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a purchase and s agreement and related agreements ("Agreement"), in a form acceptable to the City Atto ey, which will allow the sale and/or lease of the Residential Parcel based on fair market v e, for construction and operation of the Residential Development subject to: City approva approval of any necessary zoning changes, cancellation of existing Lease, repayment of the : isting loan of approximately $32,000,000 due to City and Miami -Dade County and of the exis ' g Ygrene C- Pace loan of approximately $1,200,000, and approval by the Florida Board of e Trustees of the Internal Improvement Trust Fund; and requiring construction of a new p .lic waterfront park at no cost to the City; annual and up -front payments to the City, and othe ommunity benefits; and WHEREAS, the sale and/or lease of the Residential Parcel Ecoresiliency Miami LLC will be subject to other restrictions, reversions, and retention by t City of all other rights; and WHEREAS, at its regularly scheduled meeting on Jul 5, 2024, a majority of members of the City of Miami Climate Resilience Committee, voted i avor of supporting the proposed redevelopment, as described herein; and WHEREAS, the City directs the City Manager accordance with the Term Sheet containing the ter incorporated as Exhibit "A," and to use good fait in a form acceptable to the City Attorney, for a the February 27, 2025 City Commission mee November 5, 2024; and negotiate the Agreement generally in s indicated above, attached and fforts to place such Agreement as approved royal on a Commission agenda on or before g, subject to approval by the electorate on WHEREAS, the City Commissi• has determined that the Agreement will be in the City's best interest; NOW, THEREFORE, BE RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The rec'':Is and findings contained in the Preamble to this Resolution are adopted by reference an• Incorporated as if fully set forth in this Section. Section 2. In ccordance with the provisions of Sections 3 and 29-C of the Charter of the City of Miami, F .rida, as amended ("Charter"), and § 6.03 of the Miami -Dade County Home Rule Charter, a ' -ferendum Special Election is to be held concurrently with the General Election being ' -fled and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, No -tuber 5, 2024, for the purpose of submitting to the qualified electors of the City for their ap , oval or disapproval of the proposed Charter Amendment for the Lease as stated herein. City of Miami Page 2 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 SUBSTITUTED File ID: 16360 Enactment Number: R-24-0282 Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 29-C. Same — Watson Island. Notwithstanding any provision to the contrary contained in the Charter ' Code of the City of Miami, no sale, conveyance, lease or management agreement may • entered into for the management, occupancy or use of the area known as Watson Island f• periods greater than one year unless (1) there shall have been, prior to the date of the c i commission's consideration of such sale, lease, management agreement, an adverti ment soliciting proposals for said sale, lease or management agreement, publishes a daily newspaper of general paid circulation in the city, allowing not less than ninety (9► days for the city's receipt of proposals from prospective purchasers or lessees, said advertis- ent to be no less than one- fourth page and the headline in the advertisement to be in a t e no smaller than 18-point; and, (2) the proposed transaction be approved by a majority of t votes cast by the electorate at a referendum. The procedures for selection of proposals shbe those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicab City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of alessee, permittee, licensee or concessionaire currently situated in said area; how r, any enlargement, amendment, transfer, or increase in those rights or privileges as may be existence at the time this amendment is adopted shall require compliance with the provi •ns of this amendment. This Charter Amendment shall not affect the city's use or o upancy of the area, nor shall it apply to contracts for the construction of any city fac ies or improvements in the area; further,, nothing contained herein shall apply to projects of = ny governmental agency or instrumentality: The city commission, by a 4/st"S :ffirmative vote, may authorize issuance of a Iieense°or concession agreement for a period •t exceeding one (1) year, without the necessity of a-.:> referendum, for the use of Watso stand. "Notwithstanding anyt' nq herein to the contrary, the City Commission, by a 4/5ths affirmative vote, ma ( ) waive comp tive bidding and approve the sale and/or lease of approximately 5.4 acres of that tain property located at 1111 Parrot Jungle Trail based upon fair market value of $1 .,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant applicable zoning, waiving competitive bidding and requiring cancellation of the exis ' g theme park and hotel lease, reverting approximately thirteen (13) acres to the C. to construct a new public waterfront park at not cost to the City, and con •utinq $15,000,000 for affordable housing, infrastructure, and other public b efits." Section 4. The Referendum Special Election shall be held at the polling places in the pre- ncts designated, all as shown on the list attached hereto and made a part hereof and ords 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. City of Miami Page 3 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 SUBSTITUTED File ID: 16360 Enactment Number: R-24-0282 referred to as Exhibit "B" or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida ("Supervisor"), in conformity with the provisions of the general laws of the Stat of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling plac on said Referendum Special Election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the generlaws of the State. A description of the registration books and records which pertain to Refer dum Special Election precincts wholly or partly within the City and which the City is adopt' • and desires to use for holding such Referendum Special Election is all voter information ards, registration books, records and certificates pertaining to electors of the City and -.tablished and maintained as official by the Supervisor of Elections of Miami -Dade County, FI' ida, in conformity with the provisions of the general laws of the State, are hereby a• .pted and declared to be, and shall hereafter be recognized and accepted as, official registrat ' cards, books, records and certificates of the City. Section 5. In compliance with Section 100.342, Florida Stat Referendum Special Election not otherwise provided for there mu notice of the election or referendum by publication in a newspap county, district, or municipality, or publication on the county's 50.0311, Florida Statutes, the municipality's website, or the The City Clerk is authorized and directed to publish notice of the provisions hereof, at least twice, once in the fifth the week in which the aforesaid Referendum Special general circulation in the City which notice shall be s (2023), regarding any e at least thirty (30) days' of general circulation in the bsite as provided in Section pervisor's website, as applicable. the adoption of this Resolution and ek and once in the third week prior to ction is to be held, in newspaper(s) of stantially in the following form: NOTICE OF REFEREND - SPECIAL ELECTION TO AMEND THE MIAMI Y CHARTER TO BE HELD TUESDAY, ► •VEMBER 5, 2024 IN THE CIT OF MIAMI, FLORIDA PURSUANT • RESOLUTION NO. R-24-0282 A Referendum Special Ele 7:00 A.M. until 7:00 P.M several Referendum S Elections of Miami - provided by law, a Florida, the folio on will be held on Tuesday, November 5, 2024 from the City of Miami, Florida, at the polling places in the cial Election precincts designated by the Supervisor of de County, Florida, as set forth herein, unless otherwise submitting to the qualified electors of the City of Miami,:; g question: "Shall M is Charter be amended authorizing sale and/or lease of 5.4 acr' on Watson Island based upon fair market value of 13 00 000 to Ecoresiliency Miami LLC for residential and co ► ercial uses pursuant to applicable zoning, waiving bidding, and r' . uiring: Returning 13 acres to City to construct new public waterfront park at no cost to City; • Cancelling existing theme park and hotel lease; and • Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" This Charter Amendment will amend Section 29-C of the Miami Charter to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and execute an agreement for the sale or lease of City of Miami Page 4 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 SUBSTITUTED File ID: 16360 Enactment Number: R-24-0282 approximately 5.4 acres of the property located at 1111 Parrot Jungle Trail ferbased upon fair market value at $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses, pursuant to applicable zoning requiring: cancellation of the existing theme park and hotel lease, contributing $15,000,000 for affordable housing, infrastructure, and other public benefits and returning +13.3-acres to the City for construction of a public waterfront park at no cost to the City. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Ele on shall be in full compliance with the laws of the State with respect to vote -by -mail ballots - d to the use of the mechanical voting machines or the Computer Election System, and sha •e in substantially the following form: "Official Ballot" Referendum Special Election Tuesday, 'ovember 5, 2024 for Approval or Disapproval of the following question: Charter Amendment: Partial Conveyance for Revised Develo . ent at 1111 Parrot Jungle Trail on Watson Island YES NO Section election laws. instructed to statement instructe relatin "Shall Miami's Chart sale and/or lease based upon fair Ecoresiliency commercial waiving bi be amended authorizing .4 acres on Watson Island arket value of $135,000,000 to ami LLC for residential and es pursuant to applicable zoning, ing, and requiring: • ' eturning 13 acres to City to construct new public waterfront park at no cost to City; Cancelling existing theme park and hotel lease; and • Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" 7 he form of the ballot shall be in accordance with requirements of general ctors desiring to vote in approval of the Question described above shall be to their selection next to the word "YES" within the ballot containing the ating to the Question. Electors desiring to vote to disapprove the Question shall be o vote their selection next to the word "NO" within the ballot containing the statement o the Question. Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the estion set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such allots in said Referendum Special Election. City of Miami Page 5 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 SUBSTITUTED File ID: 16360 Enactment Number: R-24-0282 Section 9. All qualified electors of the 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 Supervisor of Elections and duly certify the same for delivery to and for use . - the election officials designated to serve at the respectivepolling places in said Referendu . pecial Election precincts. Section 10. For the purpose of enabling persons to register who are qualif. • to vote in said Referendum Special Election on Tuesday, November 5, 2024, and who ha not registered under the provisions of the general laws of the State and Chapter 16 of the C• ,e of the City of Miami, Florida, or who have transferred their legal residence from one votin• •recinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:, d P.M. at the Miami - Dade County Elections Department located at 2700 Northwest 87th Avee, Miami, Florida, within such period of time as may be designated by the Supervisor. In ddition to the above place and times, qualified persons may register at such branch offic-- and may also register to vote online for the purpose of voting in the herein described Refer- dum Special Election during such times and on such dates as may be designated by the Su • rvisor. Section 11. Todd B. Hannon, the City Clerk of the C' of Miami, Florida, or his duly appointed successor, is hereby designated and appointe.:s the official representative of the Commission of the City of Miami, Florida, in all transact'' s with the Supervisor related to matters pertaining to the use of the registration books . nd the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver certified copy of this Resolution to the Supervisor not less than forty-five (45) days p' •r to the date of the Referendum Special Election. Section 13. The City Manager i- authorized2 and directed to negotiate the Agreement, in and in strict accordance with the t= s of the ballot language approved by this Resolution, and use good faith efforts to bring h Agreement for consideration and 4/5ths approval by the City Commission at the February , 2025 meeting of the City Commission, subject to approval by the electorate on November 2024, and the Board of Trustees of the Internal Improvement Fund of the State of Florida. Section 14. This ' esolution shall become effective immediately upon its adoption and signature of the Mayor. 2 T erein authorization is further subject to compliance with all legal requirements that may be i osed, including but not limited to, those prescribed by applicable City Charter and City Code ovisions. 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 6 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 File ID: 16360 SUBSTITUTED Enactment Number: R-24-0282 APPROVED AS TO FORM AND CORRECTNESS: rge Wy i ng III, C ty - ttor - y 7/25/2024 City of Miami Page 7 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 City of Miami Legislation Resolution File Number: 16360 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORAT• A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, " LORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT N AMENDING SECTION 29-C OF THE CHARTER, TITLED "SAME — W ISLAND," TO AUTHORIZE THE CITY COMMISSION BY FOUR-FIF AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND CITY MANAGER TO NEGOTIATE THE SALE AND/OR LEASE THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT J ("PROPERTY") FOR FAIR MARKET VALUE TO ECORESIL RESIDENTIAL AND COMMERCIAL USES, REQUIRING EXISTING LEASE, PAYMENTS TO CITY, DEVELOPM PUBLIC WATERFRONT PARK ON THE REMAINDE TO THE CITY, AND PROVISION OF CERTAIN CO FOR A REFERENDUM AND PROVIDING THAT T WILL BE SUBMITTED TO THE ELECTORATE ELECTION TO BE HELD CONCURRENTLY NOVEMBER 5, 2024; DESIGNATING AND OFFICIAL REPRESENTATIVE OF THE C USE OF VOTER REGISTRATION BOO THE CITY CLERK TO CAUSE A CER TO BE DELIVERED TO THE SUPE COUNTY, FLORIDA NOT LESS T OF SUCH ELECTION; FURTH FAITH EFFORTS TO BRING A FULLY NEGOTIATED PU AGREEMENTS, ALL GE SHEET ATTACHED AS TO THE CITY ATTO NOVEMBER 5, 202 RESOLUTION. SON S (4/5THS) THORIZE THE +5.4 ACRES OF GLE TRAIL NCY MIAMI LLC, FOR NCELLATION OF THE T OF A NEW +13.3-ACRE F PROPERTY AT NO COST UNITY BENEFITS; CALLING CHARTER AMENDMENT NO._ THE REFERENDUM SPECIAL H THE GENERAL ELECTION ON POINTING THE CITY CLERK AS THE COMMISSION WITH RESPECT TO THE AND RECORDS; FURTHER DIRECTING IED COPY OF THE HEREIN RESOLUTION ISOR OF ELECTIONS OF MIAMI-DADE AN FORTY FIVE (45) DAYS PRIOR TO THE DATE DIRECTING THE CITY MANAGER TO USE GOOD FORE THE COMMISSION FOR 4/5THS APPROVAL CHASE AND SALE AGREEMENT AND RELATED RALLY IN ACCORDANCE WITH THE DRAFT TERM XHIBIT A ("TERM SHEET"), AND IN A FORM ACCEPTABLE Y, SUBJECT TO APPROVAL BY THE ELECTORATE ON PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS WHER , the City of Miami ("City") is the owner of that certain tract of land on Watson Island compri- g approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, Florida ("Pr•.erty"); and and Pro HEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease velopment Agreement, as modified from time to time (collectively, the "Lease") for the rty; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and SUBSTITUTED WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a purchase and sale agreement and related agreements ("Agreement"), in a form acceptable to the City Attorney, which will allow the sale and/or lease of the Residential Parcel based on fair market value, •r construction and operation of the Residential Development subject to: City approval, app •val of any necessary zoning changes, cancellation of existing Lease, repayment of the existi r . loan of approximately $32,000,000 due to City and Miami -Dade County and of the existing a rene C- Pace loan of approximately $1,200,000, and approval by the Florida Board of the stees of the Internal Improvement Trust Fund; and requiring construction of a new public aterfront park at no cost to the City; annual and up -front payments to the City, and other co unity benefits; and WHEREAS, the sale and/or lease of the Residential Parcel to Ecesiliency Miami LLC will be subject to other restrictions, reversions, and retention by the Ci of all other rights; and WHEREAS, at its regularly scheduled meeting on July 15, d24, a majority of members of the City of Miami Climate Resilience Committee, voted in favo' of supporting the proposed redevelopment, as described herein; and WHEREAS, the City directs the City Manager to notiate the Agreement generally in accordance with the Term Sheet containing the terms in ated above, attached and incorporated as Exhibit "A," and to use good faith effo . to place such Agreement as approved in a form acceptable to the City Attorney, for approv. on a Commission agenda on or before the February 27, 2025 City Commission meeting, - J bject to approval by the electorate on November 5, 2024; and WHEREAS, the City Commission ha determined that the Agreement will be in the City's best interest; NOW, THEREFORE, BE IT R .OLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals adopted by reference and inc Section 2. In acco the City of Miami, Florid Rule Charter, a Refer Election being calle Tuesday, Novemb for their approv herein. particul findings contained in the Preamble to this Resolution are orated as if fully set forth in this Section. ance with the provisions of Sections 3 and 29-C of the Charter of as amended ("Charter"), and § 6.03 of the Miami -Dade County Home dum Special Election is to be held concurrently with the General nd directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on 5, 2024, for the purpose of submitting to the qualified electors of the City r disapproval of the proposed Charter Amendment for the Lease as stated., Se- ion 3. Section 29-C of the Charter is proposed to be amended in the foltovvin "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA 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. SUBSTITUTED SUBPART A. THE CHARTER Sec. 29-C. Same — Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of e City of Miami, no sale, conveyance, lease or management agreement may be entered i r • for the management, occupancy or use of the area known as Watson Island for periods • -ater than one year unless (1) there shall have been, prior to the date of the city commis n's consideration of such sale, lease, management agreement, an advertisement soli- ing proposals for said sale, lease or management agreement, published in a daily spaper of general paid circulation in the city, allowing not less than ninety (90) days for e city's receipt of proposals from prospective purchasers or lessees, said advertisement to b= o less than one- fourth page and the headline in the advertisement to be in a type no smal r than 18-point; and, (2) the proposed transaction be approved by a majority of the votes ca •y the electorate at a referendum. The procedures for selection of proposals shall be those .rovided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Cod: • rovisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, • rmittee, licensee or concessionaire currently situated in said area; however, any e .rgement, amendment, transfer, or increase in those rights or privileges as may be in existencat the time this amendment is adopted shall require compliance with the provisions of this : mendment. This Charter Amendment shall not affect the city's use or occupancy o ' e area, nor shall it apply to contracts for the construction of any city facilities or im. •vements in the area; further, nothing contained herein shall apply to projects of any gover ental agency or instrumentality. The city commission, by a 4/st saffirmative ote, may authorize issuance of a license or concession agreement for a period not exceed' • one (1) year, without the necessity of a referendum, for the use of Watson Island. Notwithstanding anything herein • any other provision in the Charter or Code of the City of Miami to the contrary, the city com .sion, by a 4/sths affirmative vote, may: (a) waive competitive biddi • and approve the sale and/or lease of approximately 5.4 acres of that certain property loced at 1111 Parrot Jungle Trail based on fair market value to Ecoresiliency Miami LLC for re • dential and commercial uses, requiring cancellation of the existing lease, payments to , and development of a new +13.3-acre public waterfront park on the remainder of property no cost to the city." Section 4. Th-. eferendum Special Election shall be held at the polling places in the precincts designate• all as shown on the list attached hereto and made a part hereof and referred to as Exh'' "B" or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida ' supervisor"), in conformity with the provisions of the general laws of the State of Florida ("St- -"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Ref -ndum Special Election date shall be those designated by the Supervisor of "' Elections • Miami -Dade County, Florida, for such purpose in accordance with the gen ral laws of the S e. A description of the registration books and records which pertain to Referendum Specilection precincts wholly or partly within the City and which the City is adopting and desi s to use for holding such Referendum Special Election is all voter information cards,=, re • tration books, records and certificates pertaining to electors of the City and established and...;; aintained as official by the Supervisor of Elections of Miami -Dade County, Florida,::in `' conformity with the provisions of the general laws of the State, 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. SUBSTITUTED Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. The City Clerk is authorized and directed to publish notice of the adoption of this Resolution a of the provisions hereof, at least twice, once in the fifth week and once in the third week prio o the week in which the aforesaid Referendum Special Election is to be held, in newspaper • of general circulation in the City which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R- A Referendum Special Election will be held on Tuesday, Nove- ter 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the ,oiling places in the several Referendum Special Election precincts designate. •y the Supervisor of Elections of Miami -Dade County, Florida, as set forth he •in, unless otherwise provided by law, and submitting to the qualified electo , of the City of Miami, Florida, the following question: "SHALL MIAMI'S CHARTER BE AMENDED AU ' ORIZING SALE AND/OR LEASE OF 5.4 ACRES ON WATSON ISLANI :ASED UPON FAIR MARKET VALUE TO ECORESILIENCY MIAMI LLC FR RESIDENTIAL AND COMMERCIAL USES PURSUANT TO AP LICABLE ZONING, WAIVING BIDDING, AND REQUIRING: • RETUR G 13 ACRES TO CITY TO CONS ' UCT NEW PUBLIC WATERFRONT PARK AT '. COST TO CITY; • CA 'GELLING EXISTING THEME PARK AND ♦TEL LEASE; AND ONTRIBUTING $15,000,000 FOR AFFORDABLE HOUSING AND OTHER PUBLIC BENEFITS?" This Charter Amend ► -nt will amend Section 29-C of the Miami Charter to authorize the City .mmission, by a four -fifths (4/5ths) affirmative vote, to waive competitive biddi►and execute an agreement for the sale or lease of approximately .4 acres of the property located at 1111 Parrot Jungle Trail for fair market v. e to Ecoresiliency Miami LLC for residential and commercial uses, requi g: cancellation of the existing lease, payments to City, and returning +13.3-ac s to the City for construction of a public waterfront park at no cost to the Cit By order of the Commission of the City of Miami, Florida. ection 6. The official ballot to be used at said Referendum Special Election shall be in full mpliance with the laws of the State with respect to vote -by -mail ballots and to the use of the echanical voting machines or the Computer Election System, and shall be in substantially following form: "Official Ballot" Referendum Special Election Tuesday, November 5, 2024 for Approval or Disapproval of the following question: SUBSTITUTED Charter Amendment: Partial Conveyance for Revised Development at 1111 Parrot Jungle Trail on Watson Island "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding, a requiring: • Returning 13 acres to City to constru- new public waterfront park at no cost to ity; • Cancelling existing theme park - • hotel lease; and • Contributing $15,000,000 for affordable housing and other public b efits?" YES NO Section 7. The form of the ballot shall be in acc• • ance with requirements of general election laws. Electors desiring to vote in approval of Question described above shall be instructed to vote their selection next to the word "Y" within the ballot containing the statement relating to the Question. Electors desiri- • to vote to disapprove the Question shall be instructed to vote their selection next to the wor' NO" within the ballot containing the statement relating to the Question. Section 8. The City Clerk shall ca e to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above f• he use of vote -by -mail electors entitled to cast such ballots in said Referendum Special E tion. Section 9. All qualified el: ors of the City shall be permitted to vote in said Referendum Special Election and the Supe or of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and d' -cted to furnish, at the cost and expense of the City, a list of all qualified electors residing i he City as shown by the registration books and records of the Office of said Supervisor Elections and duly certify the same for delivery to and for use by the election officials desig ed to serve at the respective polling places in said Referendum Special Election precincts. Section 1► . For the purpose of enabling persons to register who are qualified to vote in said Referend Special Election on Tuesday, November 5, 2024, and who have not registered under the pr• isions of the general laws of the State and Chapter 16 of the Code of the City of Miami, Flor • a, or who have transferred their legal residence from one voting precinct to another in the Ci , they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami - Dade aunty Elections Department located at 2700 Northwest 87th Avenue, Miami, Florida, withi► such period of time as may be designated by the Supervisor. In addition to the above pl- - and times, qualified persons may register at such branch offices and may also register to e online for the purpose of voting in the herein described Referendum Special Election during uch times and on such dates as may be designated by the Supervisor. SUBSTITUTED Section 11. 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 related 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 not Tess than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. The City Manager is authorized2 and directed to negotiate the greement, in and in strict accordance with the terms of the ballot language approved by this ' solution, and use good faith efforts to bring such Agreement for consideration and 4/5ths a..royal by the City Commission at the February 27, 2025 meeting of the City Commission, sub' ct to approval by the electorate on November 5, 2024. Section 14. This Resolution shall become effective immediate upon its adoption and signature of the Mayor.3 APPROVED AS TO FORM AND CORRECTNESS: 2 T herein authorization is further subject to compliance with all legal requirements that may be I •osed, including but not limited to, those prescribed by applicable City Charter and City Code rovisions. 3 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.