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HomeMy WebLinkAboutR-99-0610J-99-698 8/2/99 RESOLUTION NO. 9 9 610 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. 5, TO: (1) EXEMPT FROM THE PROVISIONS OF SECTION 29-B THE CONVEYANCE OF CITY -OWNED NON -WATERFRONT PROPERTY TO AN ADJACENT PROPERTY OWNER WHEN THE SUBJECT PROPERTY IS 7,500 SQUARE FEET OR LESS OR WHEN THE NON -WATERFRONT CITY -OWNED PROPERTY IS NOT BUILDABLE, AND (2) AUTHORIZE THE CITY COMMISSION TO WAIVE ALL COMPETITIVE BIDDING REQUIREMENTS WHEN EXTENDING AN EXISTING LEASE, SUBJECT TO SAID EXTENSION PROVIDING A FAIR RETURN TO THE CITY BASED ON TWO (2) INDEPENDENT APPRAISALS; AND MORE PARTICULARLY BY AMENDING SECTION 29-B OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, .FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 5 TO THE ELECTORATE AT SAID ELECTION; 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 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. WHEREAS, the City of Miami Charter Review Committee convened publicly, conducted a comprehensive study of the City's Charter, Cm COMMSS1029 MEETING OF 9AUG 0 2 1999 Resolution No. and held public hearings; and WHEREAS, the City of Miami's Charter Review Committee, after meeting publicly, conducting a comprehensive study of the City's Charter and holding public hearings, made the recommendations contained herein; and WHEREAS, on July 27, 1999, by its adoption _of Resolution No. 99-543, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, the proposed Charter amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a referendum special election on November 2, 1999, 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 29-3 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), - 2 - 09-- 610 entitled "City -owned property sale or lease -Generally.", is hereby proposed to be amended in the following particulars:'/ "Sec. 29-B. City -owned property sale or lease - Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, except for the conveyance or disposition of city -owned properly implementing city -assisted housing programs or projects which are intended to benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Housing Act of 1972, as those statutes may be amended or revised from time to time, implementing city -assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Redevelopment Act of 1969, and implementing projects of any governmental agency or instrumentality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease 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 (1/4) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the �i 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. - 3 - 99- 610 0 sale or lease may be consummated. As a further exception to the above requirements and any other requirement for competitive bidding procedures to be used in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all such disposition requirements where the intended use of such property or interest therein is in furtherance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or individuals. In determining low and/or moderate income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. The above =rovisions, and any i The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 5. Section 3. In accordance with the provisions of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended) and §503 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, 1999, for the purpose of submitting to the qualified electors of the City of Miami for their approval or 4 - 99-- 610 0 disapproval the measure known as Charter Amendment No. 5. Section 4. Said 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 and which the City 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 (1997), the City Clerk is hereby authorized and directed to publish notice of the .adoption of the herein resolution and of 5 - 99- 610 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 of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 99-610 A referendum special election will be held on Tuesday, November 2, 1999, 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 Charter of the City of Miami be amended to: (1) exempt from competitive bidding the conveyance of non -waterfront city -owned property of 7,500 square feet or less or a non -buildable non -waterfront city -owned property to an adjacent property owner; and (2) authorize the city commission to waive competitive bidding when extending existing leases, subject to a fair market return based on two (2) independent appraisals?" Charter Amendment No. 5 (1) exempts from competitive bidding the conveyance of non -waterfront city -owned property of 7,500 square feet or less or a non -buildable non -waterfront city -owned property to an adjacent property owner; and (2) authorizes the city commission to waive competitive bidding when extending existing leases, subject to a fair market return based on two (2) independent appraisals. CITY CLERK A list of City of Miami polling places follows: 6. - 99- 610 (Insert list of City of Miami Polling Places.)" Section 6. The official ballot to be used at said 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 (CES), and shall be in substantially the following form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 2, 1999 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------ Charter Amendment modifying provisions regarding disposition of city -owned property. YES "Shall the Charter of the City (For the Measure) of Miami be amended to: (1) exempt from competitive bidding the conveyance of non - waterfront city -owned property of 7,500 square feet or less or a non -buildable non - NO waterfront city -owned property (Against the Measure) to an adjacent property owner; and (2) authorize the city commission to waive competitive bidding when extending existing leases, subject to a fair market return based on two (2) independent appraisals?" 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 said Question. Electors desiring to vote in disapproval of said Question, shall be instructed to punch straight down with the - 7 - 99- 610 stylus through the hole next to the word "NO" within the ballot frame containing the statement relating to said 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 election. Section 9. 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 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, 1999, 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, 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 8 - ��- 610 0 Department located at 111 N.W. ist Street, 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 election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. WALTER J. FOEMAN, 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 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 days prior to the date of the herein referendum special election. Section 13. This Resolution shall become effective -9- 99-- 610 immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 2nd day of August , 1999. JOE CAROLLO, MAYOR 41 gsr�" ATTEST: = WALTER J. FOEMAN CITY CLERK 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. - 10 - 99- 610 r C� t#U Jaf 17M'aM" J Urr' a G1tY of .� P.O. BOX 330708 INCORP OKAYED MIAMI, FLORIDA 33233-0708 d s p� (305) 250-5300 JOE CAROLLO 1. �q MAYOR Co,04 FAX (305) 854-4�g( Cn i 1 OFFICE OF THE MAYOR �` `= MIAMI, FLORIDA VETO AND VETO MESSAGE TO: Honorable Members of the City Commission Miami, Fl FROM: Joe Carollo, Mayo Miami, Fl 9e DATE: August 12, 1999 Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Florida, I hereby veto: RESOLUTION 99-610 Veto Message: I have chosen to veto the legislation pertaining to the disposition of City -owned property because the technical language contained in the amendment should be reviewed by way of a thorough public process in order to ensure voter approval. The City of Miami should explain this issue more fully and fairly before placing it on a public ballot. Also, I believe a more appropriate way to assure further public discussion and consideration is to separate these ballot initiatives and stagger them over several general elections.