Res No 039-24-16144RESOLUTION NO. 039-24-16144
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, CERTIFYING AND DECLARING THE
RESULTS OF THE CITY OF SOUTH MIAMI SPECIAL
ELECTION HELD ON MARCH 19, 2024, FOR THE
ELECTION ON THE REFERENDUM/BALLOT QUESTION
ENTITLED "AUTHORIZING LEASES EXCEEDING SO
YEARS FOR CITY PROPERTY INVOLVING CITY HALL
REDEVELOPMENT"; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, on November 21, 2023, the City Commission of the City of South Miami
("City") adopted Resolution No. 157-23-16090, calling for a special election for the purpose of
submitting to the electorate the proposed referendum/ballot question entitled "Authorizing Leases
Exceeding 50 years for City Property Involving City Hall Redevelopment"; and
WHEREAS, the City held a special election on March 19,2024, for the referendumlballot
question; and
WHEREAS, the Miatni-Dade County Elections Department has canvassed the returns,
tabulated the ballots of the mail in votes, and determined the total number of votes at such election
for the referendumlballot questions as shown by said returns; and
WHEREAS, the results of the March 19,2024 City Special Election were certified by the
Mialni-Dade County Supervisor of Elections Christina White in the fonn attached hereto as
Exhibit A"; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Certification of Special Election. The City COlnmission hereby certifies
and declares, pursuant to the votes cast in the Special Election held on March 19, 2024, the
following results on the referendumlballot question entitled "Authorizing Leases Exceeding SO
years for City Property Involving City Hall Redevelopment":
Referendum No. I -Authorizing leases exceeding 50 years for City property involving
City Hall redevelopment
Page 1 of4
Res. No. 039-24 -16144
T he C it y Charter currently provid es th at leases of C ity property are franchises
subj ec t to a 50-year term limit at ion. Shall th e C harter be amended to a uth or ize
leases exceeding 50 years for C ity property in volv in g the redevelop me nt of City
Hall?
Yes 662
No 493
Section 3 . Imple mentation. Pursuant to Resolution No . 157-23-16090, the C ity
Charter is he reby a m e nd ed as se t forth in th e Reso lu t ion , a nd th e C ity Manager, C it y Attorney,
and C ity C le rk are in st ru c ted to make th e necessary text c hanges to th e C ity's C h art er, as set forth
in Ex hibit "B" a tt ac h ed hereto. The C it y Manager, City C lerk, and C ity Attorney are hereby
further auth orized to take a ll act ions necessary to implement th e purposes and intent of this
Resolution.
Section 4. Corrections. Conf0I111i ng lang uage or te c hni ca l scriv e ner-t ype con-eet ions
may be made by the C ity Atto m ey for a ny co n forming amendm e nt s to be incorporated into th e
final resol ution for sig na ture.
Section 5.
adop ti on .
Effective Date. This Resolution s hall b eco me effective imm e di a tely upon
PASSED AND ADOPTED this 2nd day of April, 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTlO ~
WEISS SEROTA HELFMAN COLE
& BIERMAN, P.L.
C ITY A TfORNEY
AP PROVED:
COMM ISSION VOTE:
Mayor Fenui nd e z :
Vice Mayor Bonich:
Com mi ss ioner Ca ll e:
Co mmi ssio ner Liebman:
Commissioner Corey:
Pugc2of4
4 -0
Yea
Yea
Yea
Absent
Yea
Res. No. 039 .. 24·16144
EXHffiIT "A"
1 Page 3 of4
MIAMI.'
B·lin'ii lii1J
Elections
2700 NW 87th Av enu e
Miami, Fl o rid a 33 172
T 305-499-8683 F 30 5-499-8547
TT Y 305-499-848 0
miamidade.gov
CERTIFICATION
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, Christina White, Supervisor of Elections for Miami-Dade County, Florida, do hereby certify
that the attached is a true and correct copy of the Official Results for the Miami-Dade County
Presidential Preference Primary Election conducted on March 19, 2024, which included the
South Miami Special Election:
Authorizing leases exceeding 50 years for City property involving
City Hall redevelopment '. ' . . . ....... ,.
, I -'.}-.
WITNESS MY HAND AND
OFFICIAL SEAL, AT MIAMI,
MIAMI-DADE COUNTY, FLORIDA,
ON THIS 29 TH DAY OF MARCH , 2024
Enclosure
Supervisor of Elections
Miami-Dade County
*** Official Results ***
CERTIFICATE OF COUNTY CANVASSING BOARD
MIAMI-DADE COUNTY
We, the undersigned, VICTORIA FERRER, County Judge, Chairperson,
MEISHA DARROUGH, County Judge,Substitute Member, CHRISTINA
WHITE, Supervisor of Elections, Member, constituting the Board of
County Canvassers in and for said County, do hereby certify that we met
on the Twenty-Ninth day of March, 2024 A.D., and proceeded publicly
to canvass the votes given for the referendum on the Nineteenth day of
March, 2024 A.D. as shown by the returns on file in the office of the
Supervisor of Elections. We do hereby certify from said returns as
follows:
SO MIAMI LEASE EXCEED 50YRS CITY PROPERTYIHALL
REDEVELOP
Yes for Approval
No for Rejection
03 /29 /202402 :12 :53 PM
,
662
493
votes
votes
~~ 3/d-7/d~
. . S/L~~~
SUPERVISOR OF ELECTIONS , MEMBER
Res. No. 039-24-16144
EXHIBIT "B"
TEXT OF PROPOSED CHARTER AMENDMENT OF THE CITY OF SOUTH MIAMI!
CITY OF SOUTH MIAMI CHARTER
• * *
ARTICLE VI. -GENERAL PROVISIONS
SECTION 4. Frtll,c/I/se
• * *
(C) Requirements:
All proposed ordinances approving any franchise contract or agreement, the renewal of
an existing franchise, the grant of an extension to the franchise term or any material change to an
existing franchise, may only be enacted if approved by a vote of 4/5 of all members of the City
COinmission. The term limit for all franchise contracts or agreements, as defined in this Section,
including any renewal or extension to the telm of same, shall be (50) years, except that lease's) of
City property involving the redevelopment of City Hall shall be permitted to exceed such term
limit. No change in ownership or control of an artificial person with whom the City has entered
into a franchise contract or agreement, as defined by this Section, nor shall any ownership or
control be transferable in any way, including but not limited to assignments and conveyances of
an ownership interest, unless it is approved by an ordinance enacted by members of the City
Commission. The enactment of all ordinances required by this Section shall be heard at two public
meetings/hearings and the title of the ordinance shall be published in a newspaper of general
circulation, as defined in this Section, and it shall also be pub~ished in a local newspaper, as defined
in this Section, at least five (5) days before the first meeting (first reading of the ordinance). At
least ten (10) days before the second and final reading of the franchise ordinance, its title shall be
published in a newspaper of general circulation and, in addition, it shall be published in a local
newspaper, if available, so as to provide as much notice as possible, but, in any event, the notice
need not exceed ten (10) days before the second reading. The thneliness of the publication in the
local newspaper shall not be grounds for challenging the ordinance unless such a newspaper is
available for publication and then only if it was published less than five (5) days before the second
reading.
lProposed additions to existing Town Charter text are indicated by underlining; proposed deletions from existing
Town Charter text are indicated by stfiketbleaglt.
Page 4 of4
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: April 2, 2024
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
CERTIFYING AND DECLARING THE RESULTS OF THE CITY OF SOUTH MIAMI SPECIAL ELECTION HELD
ON MARCH 19, 2024, FOR THE ELECTION ON THE REFERENDUM/BALLOT QUESTION ENTITLED
“AUTHORIZING LEASES EXCEEDING 50 YEARS FOR CITY PROPERTY INVOLVING CITY HALL
REDEVELOPMENT”; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
3/5 (CITY CLERK)
Suggested Action:
Attachments:
Memo-canvassing_3.19.24_special_election_returns (1).docx
Resolution Certifying and Declaring South Miami Special Election - Lease City Hall.PDF
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:Tuesday, April 2, 2024
SUBJECT:Canvassing the March 19, 2024 Special Election returns
RECOMMENDATION:Certify and declare the results of the Special Election held on March 19,
2024.
BACKGROUND:The City held a Special Election on March 19, 2024 in conjunction with Miami-
Dade County’s Presidential Preference Primary Election for the following
charter amendment:
Authorizing leases exceeding 50 years for City property
involving City Hall redevelopment
The City Charter currently provides that leases of City property are
franchises subject to a 50 -year term limitation. Shall the Charter be
amended to authorize leases exceeding 50 years for City property
involving the redevelopment of City Hall?
The amendment passed: Yes –662; No –493..
ATTACHMENTS:Resolution
Election Results
Amended Charter 03.19.24
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