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HomeMy WebLinkAboutR-98-0778J-98-737 7/15/98 RESOLUTION NO. 9 8 - 778 A RESOLUTION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO: (1) ELIMINATE THE REQUIREMENT OF A REFERENDUM FOR THE SALE OR LEASE OF NON -WATERFRONT CITY - OWNED PROPERTY WHEN THE VALUE OF THE PROPERTY IS FIVE HUNDRED THOUSAND DOLLARS ($500,000) OR LESS, AS DETERMINED BY AN APPRAISAL PERFORMED BY A STATE CERTIFIED GENERAL APPRAISER; AND (2) EXEMPT FROM THE PROVISIONS OF SECTION 29-B THE SALE OR LEASE OF PROPERTY ACQUIRED BY MIAMI-DADE COUNTY FOR DELINQUENT TAXES WHICH HAS BEEN CONVEYED TO THE CITY BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY UNDER THE PROVISIONS OF SECTION 197.592, FLORIDA STATUTES (1997); AND MORE PARTICULARLY BY AMENDING SECTION 29-B OF SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD THE 3RD DAY OF NOVEMBER, 1998, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 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-COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, on July 14, 1998, by its adoption of Resolution No. 98717 , the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, the City Attorney's draft of the proposed Charter amendment is set forth in IATTACHMENT (S){ I COIiTAINED CITY COMMMON MEETING Of, JUL 21IM Aa3solufl= fig. 98- 778. its final form in this Resolution, said draft being submitted to the electors of the City this date by means of the herein Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a special municipal election on November 3, 1998, as called for and provided herein, and shall become effective upon approval by the electors; 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. (a) Section 29-B of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), 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 property 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 person 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, and for the sale or lease of property acquired by Miami -Dade County for delinquent taxes which has been conveyed to the city by the board of county commissioners under the provisions of Section 197.592, Florida Statutes, (1997), 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 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 or 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 ? Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 98-- 778 smaller than 1.8-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 sale or lease may be consummated. Except that in the case of city -owned property which is not waterfront when the value of such property to be sold or leased is five -hundred thousand dollars (500,000) or less, based on an appraisal performed by a state certified general appraiser, the city commission may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. 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 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." (b) The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 1. Section 3. In accordance with the provisions of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended) and §503 of the Metropolitan Home Rule Charter, a special municipal 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 3, 1998, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 1. Section 4. Said special municipal 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 Metropolitan 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 special -3- 98- 7 `8 municipal 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 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 municipal election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 98- A special municipal election will be held on Tuesday, November 3, 1998, 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) eliminate referendum approval before the city sells or leases non - waterfront, city -owned property, appraised at five hundred thousand dollars or less when fewer than three offers are received, subject to competitive bidding and (2) exempt from the notice, fair market value and referendum requirements, the sale or lease of property acquired by Miami -Dade County for delinquent taxes and conveyed to the city?" Charter Amendment No. 1 (1) eliminates the requirement of a referendum before a proposed lease or sale of non -waterfront city -owned property may be consummated by the City Commission when there are less than three proposals or offers received from prospective lessees or purchasers if the appraised value of the property is five hundred thousand dollars ($500,000) or less based on a property appraisal performed by a state certified general appraiser; and (2) exempts from the competitive bidding and -4- 98r 778 referendum requirements of Section 29-B of the Charter the sale or lease of property acquired by Miami -Dade County for delinquent taxes and conveyed to the city by the board of county commissioners under the provisions of Section 197.592, F.S. (1997). By order of the Commission of the City of Miami, Florida. CITY CLERK A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.)" Section 6. The official ballot to be used at said 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 SPECIAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 3, 1998 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment modifying provisions regarding disposition of city -owned property. YES (For the Measure) NO (Against the Measure) "Shall the Charter of the City of Miami be amended to: (1) eliminate referendum approval before the city sells or leases non -waterfront, city - owned property, appraised at five hundred thousand dollars or less when fewer than three offers are received, subject to competitive bidding; and (2) exempt from the notice, fair market value and referendum requirements, the sale or lease of property acquired by Miami -Dade County for delinquent taxes and conveyed to the city? 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 -5- 98- 778 desiring to vote in disapproval of said Question, shall be instructed to punch straight down with the 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 special municipal election and the Supervisor of Election 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 municipal election to be held on November 3, 1998, 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 Department located at 111 N.W. 1st 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. -6- 98- "7` s Section 1.1. 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 Election of Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said special municipal 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 special municipal election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor2 PASSED AND ADOPTED this 21st day of July 11998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate apprc-1-" Of this legislation by signing it in the designated dace providet said legi3! becomes effective with the elapse of ten (10) days from the dal-'- of Comr..issa: , ATTEST: regarding same, without the Mayor exerc' ' a' to Walt oeman, City Clerk WALTER J. FOEMAN, CITY CLERK 00 APPROV AS O FORM AND CORRECTNESS: )oQIIRO VILARELLO ATTORNEY W2734:JOB:kd:csk 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. -7- 98- 1' CITY OF MIAMI, FLORIDA 30C INTER -OFFICE MEMORANDUM The Honorable Mayor July 15, 1998 To : and Members -of the- -City mmission DATE : FILE SUBJECT : Proposed Charter Amendment No. 1 FROM : Alejandro Vil2lre o REFERENCES: City Commission Meeting of 7/21/98 City Attorll@jy ENCLOSURES ursuant to the action of the City Commission at its meeting of July 14, 1998, the attached Resolution submits to the electorate, for its consideration, a Charter Amendment which, cif passed, would (1) eliminate the requirement of a referendum before a proposed lease or sale of non -waterfront city -owned property may be consummated by the City Commission when `there are less than three proposals or offers received from prospective lessees or purchasers if the appraised value of the property is five hundred thousand dollars ($500,000) or less based on a property appraisal performed by a state certified general appraiser, and (2) exempt from the competitive bidding and referendum requires of Section 29-B of the Charter the sale or lease of property acquired by Miami -Dade County for delinquent taxes and conveyed to the city by the board of county commissioners under the provisions of Section 197.592, F.S. (1997). MJC:csk Enc. c: City Manager 98- 778