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Home My WebLink AboutR-93-04851 J-93-335 7/22/93 i RESOLUTION NO. 9 3 485 A RESOLUTION, WITH ATTACHMENT, 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 AUTHORIZE THE CITY COMMISSION TO WAIVE COMPETITIVE BIDDING AND REDERENDUM REQUIREMENTS IN CONNECTION WITH LEASES OF CITY -OWNED WATERFRONT PROPERTY WITH NON-PROFIT, NON-COMMERCIAL, WATER -DEPENDENT ORGANIZATIONS WHICH PROVIDE OR SEEK TO PROVIDE MARINE -RECREATIONAL SERVICES AND/OR ACTIVITIES, PROVIDED CERTAIN CONDITIONS ARE MET PERTAINING TO PUBLIC PURPOSE, COMMUNITY SERVICE, PUBLIC ACCESS, WATERFRONT SETBACK AND VIEW -CORRIDOR REQUIREMENTS, FAIR RETURN TO THE CITY, AND COMPLIANCE WITH THE MASTER PLAN, AND WITH THE REQUIREMENTS PRESCRIBED BY ORDINANCE FOR ORGANIZATIONS USING CITY -OWNED FACILITIES; MORE PARTICULARLY BY ADDING NEW SECTION 29-D TO SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 1993, 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 METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, on June 29, 1993, by its adoption of Resolution No. 93-377, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and ATTAC H MENT(S) CONTAINED CITY CobnUSSIGH MEETING OF J U L 2 2 1993 Reaolution No. 93- 485 WHEREAS, the City Attorney's draft of the proposed charter amendment is set forth in its final form in this Resolution, said draft being submitted to the electors of the City this date by i means of the herein Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a special municipal election on November 2, 1993, as called for and provided herein, and shall become effeotive upon its 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) New Section 29-D, entitled "City -owned waterfront; leases with non-profit organizations; authorization to waive competitive bidding and referendum requirements; terms of lease.", is hereby proposed to be added to the Charter of the City of Miami, Florida (Chapter 10846, Laws of Florida, 1925), as amended, as follows: "Sec. 29-D. City -owned waterfront property; - leases with non-profit organizations; authorization to waive competitive bidding and referendum requirements; terms of lease. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, the City Commission is authorized to waive all competitive bidding and referendum requirements when entering into a lease or extending an existing lease with a non-profit, non-commercial, water -dependent organization which provides or seeks to provide marine - recreational services and/or activities to the -2- 93- 485 community at any city -owned waterfront property, provided all of the following conditions are met: (A) the terms of the lease allow reasonable public access to the water and reasonable public use of the property, and complies with all waterfront setback and view -corridor requirements set forth in the charter and code; and (B) the use is authorized under the then existing master plan of the City; and (C) the terms of the lease require that the property be used for public purposes only; and (D) the terms of the lease result in a fair return to the City based on two independent appraisals; and (E) the terms of the lease comply with all requirements pertaining to membership prescribed by ordinance for organizations using city facilities. (b) The Charter Amendment proposed in this Section shall be known as Charter Amendment No.l. Section 3. In accordance with the provisions of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended), a special municipal election is hereby called and directed to be I held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 2, 1993, 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.l. 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 -3- 93- 485 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 Dade County 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 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 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 (1991), 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: -4- 93-- 485 "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1993 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 93-485 A special referendum election will be held on Tuesday, November 2, 1993, 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 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 Charter Amendment No.1 be adopted to authorize the City Commission to waive competitive bidding and referendum requirements when leasing city -owned waterfront property to non-profit, water - dependent organizations which provide recreational services and/or activities to the community provided certain conditions are met pertaining to public purpose, public access, waterfront setback and view -corridor requirements, fair return to the City, compliance with the master plan and requirements prescribed by ordinance pertaining to organizations using city -owned facilities?" Charter Amendment No-1 modifies the Charter to authorize the City Commission to waive competitive bidding and referendum requirements when leasing city - owned waterfront property with non-profit, water - dependent organizations which provide recreational services and/or activities to the community provided certain conditions are met pertaining to public purpose, public access, waterfront setback and view -corridor requirements, fair return to the City, compliance with the master plan and requirements prescribed by ordinance pertaining to organizations using city -owned facilities. 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.)" -5- 93- 485 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 2, 1993 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------------------------------------ Charter Amendment modifying provisions regarding lease of City - owned waterfront property. YES (For the Measure) NO (Against the Measure) "Shall Charter Amendment No.1 be adopted to authorize the City Commission to waive competitive bidding and referendum requirements when leasing city -owned waterfront property to non-profit, water - dependent organizations which provide recreational services and/or activities to the community provided certain conditions are met pertaining to public purpose, public access, waterfront setback and view -corridor requirements, fair return to the City, compliance with the master plan and requirements prescribed by ordinance pertaining to organizations using city -owned facilities?" 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 -6- 93- 485 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 4 above for the use of absent 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 Elections of Dade County is hereby requested, authorized, and directed to furnish, at the 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 2, 1993, 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 Metropolitan Dade County Elections Department located at 111 Northwest 1st Street, Miami, Florida, within such period of time as may be designated by the Supervisor of -7- 93- 485 Elections of Dade County. 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 Dade County. Section 11. MATTY HIRAI, the City Clerk of the City of Miami, Florida, or her 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 Dade County 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 Metropolitan Dade County not less than forty-five days prior to the date of the herein special municipal election. PASSED AND ADOPTED this 22nd day of AYHIRAI, CITY CLERK PREPARED AND APPROVED BY: JU AS STANT CITY ATTORNEY JOB:BSS:bss:kd:M3898 "x � _ XAVIER d , 1993. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: 11 -8- 93~ 485 I 0719.93 12:44 '$905 375 1030 A : ccsstaTliatcher t LIST OF POLLING PLACES CITY OF MIAMI 0002 007 PCT. LOCATION ADDRESS p— 049 KEY BISCAYNE PRESBYTERIAN CHURCH 160 HARBOR DR P-257 LIBERTY ELKS LODGE #1052 6525 NW 16 AVE p_ 262 MILDRED & CLAUDE PEPPER TOWERS 2350 NW 54 ST P— 263 BROWNSVILLE IMPROVEMENT ASSOCIATION 2741 NW 49 ST P— 266 LORAH PARK ELEMENTARY SCHOOL 5160 NW 31 AVE 501 LITTLE RIVER BAPTIST CHURCH 495 NW 77 ST 502 CANAAN MISSIONARY BAPTIST CHURCH 7610 BISCAYNE BD 503 HUD - CONFERENCE ROOM 1407 NW 7 ST 504 HARVEY W SEEDS AMERICAN LEGION #29 6445 NE 7 AVE 505 ATFHALIE RANGE PARK 525 NW 62 ST S06 THE CUSHMAN SCHOOL 592 NE 60 ST 507 THENA CROWDER ELEMENTARY SCHOOL 757 NW 66 ST 508 NEW MT MORIAH BAPTIST CHURCH 6700 NW 14 AVE 509 GRRPELAND HEIGHTS PARK 1550 NW 37 AVE 510 WESLEY UNITED METHODIST CHURCH 133 PONCE DE LEAN BD 511 JORDAN GROVE MISSIONARY BAP T CHURCH 5946 NW 12 AVE "EXHIBIT 1" 07/ 19/93 Cl 1 93- 485 07•-19,13 12:45 '0305 375 1036 A AccistAThatcher 003.007 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 512 ST PAUL INSTITUTIONAL AME CHURCH 1892 NW 51 TR 513 BELAPONTE TACOLCY CENTER 6161 NW 9 AVE 514 EDISON SENIOR PLAZA 200 NW 55 ST 515 LEMON CITY BRANCH LIBRARY 430 NE 61 ST 516 BAY SHORE LUTHER.AN CHURCH 5051 BISCAYNE BLVD 517 ,ARCHBISHOP CURLEY HIGH SCHOOL 300 NE 50 ST 518 CHURCH OF GOD OF PROPHECY #1 4528;NW 1 AVE 519 SHADOWLAWN ELEMENTARY 149 NW 49 ST 520 CHARLES K.ADLEY PARK 1300 NW 50 ST 521 NEW PROVIDENCE MISSIONARY RAPT. CHR. 760 NW 53 ST 522 MOORE PARK 765 NW 36 ST 523 MIAMI JACKSON SENIOR HIGH 1751 NW 36 ST 524 LITTLE 14AVANA ACTIV & NUTRITION CTR 700 SW 8 ST P-525 MELROSE ELEMENTARY SCHOOL 3050 NW 35 ST 526 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AVE 527 HADLEY GARDENS 3031 NW 19 AVE 07/19/93 CJ 93- 485 2 07 19 9s 12t46 V305 375 1036 A AcostaThatcher 2 004:007 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 528 MALCOLM ROSS SENIOR CENTER 2800 NW 18 AVE 529 ROBERT A BA.LLARD ARMORY 700 NW 28 ST 530 ROBERT A BALL7IRD ARMORY 700 NW 26 ST 531 CLAUDE PEPPER COMMUNITY CENTER II 760 NW 18 TR $32 CHRIST THE EPISCOPAL CHURCH 3481 H181SCUS ST 533 CULMER NEIGHBORHOOD SERVICE CENTER 1600 NW 3 AVE 534 TEMPLE ISRAEL OF GREATER MIAMI 137 NE 19 ST 535 PHYLLIS WHEATLEY ELEMENTARY 1801 NW 1 PL 536 DUNBAR ELEMENTARY SCHOOL 505 NW 20 ST 537 EUGENIO MARIA DE HOSTOS CTR 2902 NW 2 AVE 538 TEMPLE ISRAEL OF GREATER MIAMI 137 NE 19 ST 539 TRINITY CATHEDRAL HALL 464 NE 16 ST 541 FIRST PRESBYTERIAN CHURCH OF MIAMI 609 BRICKELL AVE 542 JACK ORR SENIOR CENTER 550 NW 5 ST 543 ORANGE BOWL STADIUM - GATE 14 1501 NW 3 ST 544 TRINITY CATHEDRAL HALL 464 NE 16 ST 07/19/93 CJ 93- 485 3 07.10,93 12:46 0305 375 1036 A AcostaThatcher �1005 007 LIST Off' POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 545 THE SALVATION ARMY 1876 NW 7 ST 546 MIAMI-DADE COMMUNITY COLLEGE 300 NE 2 AVE 547 MIAMI FIRE STATION #7 314 BEACOM BD 548 ST MICHAEL'S CHURCH 2987 W FLAGLER ST 549 KENSINGTON PARK ELEMENTARY SCHOOL 711 NW 30 AVE 550 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 2980 NW S RIVER DR 551 STEPHEN P CLARK BLDG 1650 NW 37 AVE 552 ROBERT KING HIGH COMMUNITY HOUSE 7025 W FLAGLER ST 553 ARMANDO BADIA SENIOR CENTER 25 TAMIAMZ BLVD 554 ST. DOMINIC CATHOLIC CHURCH HALL 5909 NW 7 ST 555 WEST END PARK COMMUNITY HOUSE 250 SW 60 AVE 556 RESIDENTIAL PLAZA 5617 NW 7 ST 557 IGLESIA CRISTZANA REF EL SUEN SAM 4585 W FLAGLER ST 558 KINLOCH PARK COMMUNITY HOUSE 455 NW 47 AVE 559 IGLESIA BAUTISTA LIBRE EBENEZER 4111 SW 4 ST 560 KINLOCH PARK MIDDLE SCHOOL 4340 NW 3 ST 07/:19/93 CJ 93- 485 4 07:19 93 12:47 $305„3 5 1036 A Ar_nstaThatr_her @lUUG-007 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 561 SIMPSON PARK -RECREATION BLDG 55 SW 17 RD 562 JOHN J KOUBEK CENTER 2705 SW 3 ST 563 JOSE MARTI SENIOR PLAZA 154 SW 17 AVE 564 LITTLE HAVANA HOUSING PROJECT #1 1759 SW 5 ST 565 SANTA BARBARA ANGLICAN CHURCH 1160 SW 6 ST $66 HOPE CENTER 666 SW 5 ST 567 MIAMI FIRE STATION #4 1105 SW 2 AVE 568 SOUTHSIDE ELEMENTARY SCHOOL 45 SW 13 ST 569 UTD TOWERS 1809 BRICKELL AVE 570 RIVERSIDE ELEMENTARY SCHOOL 1190 SW 2 STREET 571 CORAL WAY PRESBYTERIAN CHURCH 2O91 SW 14 AVE 572 SHENANDOAR ELEMENTARY SCHOOL 1023 SW 21 AVE 573 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AVE 574 S14ENANDOAH PRESBYTERIAN CHURCH 2150 SW 8 ST 575 CORAL GATE COMMUNITY BUILDING 1415 SW 32 AVE 576 WILLIAM MC ALLISTER POST ##1608 2750 SW 16 ST 07/19/92 CJ 93- 485 5 07%19%93 12:47 030,375 1036 A AcostaThatcher 07%007 y LIST OF POLLING PLACES CITY OF MIAMI j PCT. LOCATION ADDRESS $77 DOUGLAS PARK COMMUNITY HOUSE 2755 SW 37 AVE 1 578 MIRACLE CENTER 3301 CORAL WAY 579 SILVER BLUFF ELEMENTARY SCHOOL 2609 SW 25 AVE 580 CORAL WAY ELEMENTARY SCHOOL 1950 SW 13 AVE i 58z MUSEUM OF SCIENCE 3280 S MIAMI AVE 582 MIAMI FIRE STATION #8 2975 OAK AVE 583 MIAMI FIRE STATION #8 2975 OAK AVE 584 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST 585 GRAND AVENUE PARK 236 GRAND AVE 586 MIAMI DADE WATER & SEWER AUTHORITY 3575 S LEJEUNE RD 987 PEACOCK PARK 2820 MCFARLANE RD 07/19/93 CJ 93- 485 6" CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members To : of the City Commission FROM : A. City Atto� 32 DATE July 13, 1993 FILEJ--93--335 Proposed Garter Amer meat No.1: SUBJECT : Modifying provisions regarding lease of City-o ned. waterfront prolwty REFERENCES: City COTfIMiSSiM Meeting my 22, 1993 ENCLOSURES: �] The attached proposed Resolution has been prepared for your consideration, pursuant to Resolution No 93-377, adopted June 29, 1993, which directed the City Attorney to prepare a City Charter Amendment to thereby authorize the City Commission to waive competitive bidding in connection with leases of City -owned waterfront property with non-profit, water -dependent organizations which provide recreational services an/or activities to the community provided certain conditions are met pertaining to public purpose, public access, waterfront set back and view -corridor requirements, fair return to the City, compliance with the Master Plan and requirements prescribed by Ordinance pertaining to organizations using City -owned facilities. BSS:P896 3*Zrl 93- 485