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HomeMy WebLinkAboutM-91-0570i "w is i { - ~, T- JIJL_-i9-91 FRI f32~B LAW I»F'T ~ (;1'fY 01~ MIAMI, F~pRipA k ~ INTER-OFFICE MEMORANDUM `} -'~ _~ ~" Aurelio Perez-LugOnes p~'~ JuIY 1$, 1991 FLE r xcgialetive Administrator su~,ttr Re9uQated Chartsr Amendments DevQlopmsnt end Kousing '_ ~ ._. _ Cona~rvation Department '; FROM ~ •-Io Qe T+.~ FQxnend6Z ~-- .. REFERENCES Cl.ty Att rney UDP Procedures/Generally ~nc~oeunca (3 ~ ..~ At its July 11th Meeting, the Cfty Commission edopted; Resolution No. 91-515, approving the pxeparation of LhQ 'subjdct _ propvaed Chartsr emendmenta. P-ccordinyly, we have prepared the thxae attached .resolutions implementing the above Depertment~a request c+nd-ere forwarding-them tU,the Department e~4 wd 1 as your Office. As you know, the Commission. has already approved textudl _ amendments end called for en election on Charter Amendment No. i, proposing the elimination of the initial reading eloud of ordinance tit~.es and on Charter Amendment No., 2,: granting subpoena power tv City Hoards end Committees, both, OL these amendments having been reque$ted dariier by the Commias~ion. - • Amendment No. 3 !s an amendment to Charter Section Z9-A(cj - proposing cestein modifications to Unitied,Development_ Pxojects, ~uDPa) as follow$t + e-ddinq a aeperete package of function's ,which include-the planning end design function..dpd eonstruction~ containing pproviaion+f for proteate~ it any, _, to b4 handled in accordance with exiet_,ing City Cods proviaiona. deAlinq _ Moth the ~ceevlution o! proteata; j ~ .. _ estnbiiahing s prac~dure using s Request for Que~lifica~tiona (R!'Q~ t4 help. ensure.:.. thAt~ propoaera deviring tQ submit a xasponse to e, -` 1~equeat for Fropva~lis !or a UDP be qualified` ~ ;, to do rAo= - Alimnating the- Chr44-propoael rdgul~'~me>t1t• `~ - -.:for o contempletecl .eels or lslase ,o~~ city= _ oHned property other khan wtste~~~cont prpperty~ _., ~axsmptinq UoPe fxom the _requrQmant, ~hq~ ~(~~p ; - ' leAeaa provide s ,: return to , tt~e ;~lty. -~~ . tear " ; mArkek vA1We~ and - -; s ~~ JUL-~ 1 9-9 1 FRY B C ~e LAW Y7F_PT P 0~K Aurelio .Perez-Lu9one$ i,egl,alative Administrator A©: ~tequestsd Charter Ameridmentt~ - Developmont and Kt~using Conaervaticsn DeQertment ' Pagr 2 • containing pzoviaiona which would allow e.n a~n+ndment fie existing uDP leases where ouch proposed amendment does. not (a) .extend.,: the term, `(b) ehengo the nature of the permitted use, or (c) decrease the existing,, gate of return to City 'ea set loath in said lease. { Amend~+ent No. 4 ie e-n amendment to Charter Se3ction X9,8 modifying provisions in regard to sales oz leased of city owned _ property as follOwat • genereily eliminating the .three.-proposal requirement for a contemplated sale or lee4,e of city-owned property other then water#r4nt property; . • exempting quadfied community based organizations from the requirement that such sale or lease provide a return to tho city of • feiz market veluej • containing provisions which would ailowr an amcndment to exiatinq leases of city-owned property where such proposed amendment doo® not (e) extend the term, (b) change th9 e nature of the permitted u8o, or (c) decrease the existing rate of return to City as .set forth'in acid leaaei and - • containing -provi,riona for protests, i! any,. to `be hertdlsd in eccordenco with existing City: -Code provisions dealing with the ~ zesolutlon o! protests. ~ Aznondment Nc. °~ is an amendment to Charter Section ~(~) -~~ modifying; provisions i,n reg+~rd to disposition of city-owndd - watex~tront x t t li °~ p Qpor y ae o owa~ - - e inoorporeting within this SQCtion the adv~-rtising requirements fox solicitation of pxQpoaAlA for disposition o! watearfront property, which requir~-ments ere curr+ant].y ~ found in Charter Section 29-5~ ; ~~ _ ine4rpors~t;tng within this Section they thr+~e- o ptopo~~-1 requisement for any sale, 1ea4e ~, == agr~e,nent, or mAna~gwment +~yrQamont ~i~-voiy~.n~ ~ - ~ ~, =.~ r JI..iL- 1 9-9 1 Ft73 ~3 2~ L.AW DE_P'T F> ~4 -.• ., r r A~~ze~.io Pexet-Lugones LQgielativa Adminietratar R©: Requested Charter Amendments Development ehd Housing Conaervetion Department Pegg 3 ~ waterfront property which requirement is ..currently found in Charter Section 29-8= and • containing provieiona which would e~ilow art amendment to exiatinq leases of waterfront property without a .referendum whexe vueh proposed amendment does .not. (e) extend the term, (b) change the nature o{.-:the permitted use, or (c decrease the existi.nq rato of ..return to City ee eat forth in said lease: Because ei the remedies available"to the City. in the. event of fraud or felae atat~ements by any'perty aubmttiny propoaele in response to an Request For Proposals, there was na inclusion of a th t zty (30) daffy period within `which the City roservee the right s o! rescission of a UDP contract. ' • JLF/ri~a/rcl/Pd21 .: encloeurea (3) ~c: ~e~e~~r R~ 4d~a Cf.ty l~enager Herbert J. ,eeiley _ , ; . Aseiatent City Manager ptrectdx, Development and NoueinQ Conaervetion Dept. Matty Nirei ~. ~_ Gitx C~~-rk ~~ -- _ _ - - - _ _ _.____ -- - ----~--~-~---•-.--~..~s- ~.._ /~ ~{ ~, ~ ~ ~= J-91-634 7/24/91 R OLUTION N0. A RESOLUT N, WITH ATTACHMENT(S), APPROVING, SETTING RTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING TH CHARTER OF THE CI'T'Y OF MIAMI, FLORIDA, A5 AMENDED, KNOWN AS CHARTER AMENDMENT NO. , TO ADD TO THE PROCESS OF PROCURING IMP VEMENTS ON PROPERTY OWNED OR TO BE OWNED BY THE CITY KNOWN AS THE UNIFIED DEVELOPMENT P JECTS (UDPs) PROCESS A SEPARATE PACKAG OF FUNCTIONS CONSISTING OF PLANNING AND ESIGN AND CONSTRUCTION; PROVIDING FOR A METHOD OF ESTABLISHING QUALIFICATIONS BY ROSPECTIVE PROPOSERS FOR UDPs; AUTHORIZIN AMENDMENTS TO UDPs CONTRACTS UNDER CERTAIN CONDITIONS; ELIMINATING THE RE UIREMENT OF OBTAINING THREE (3) PROPOSAL FOR UDPs AND THE REQUIREMENT THAT UDPs ROVIDE A RETURN TO THE CITY OF FAIR MARKET V UE IF SUCH UDPs ARE DEEMED BY THE CITY CO ISSION TO BE IN THE CITY'S BEST INTEREST; OHIBITING THE CITY MANAGER FROM RECOMME ING A PROPOSAL PROVIDING LESS THAN FAIR MARKET VALUE; AND PROVIDING FOR RESOLUTION O PROTESTS FILED IN CONNECTION WITH UDPs; BY NDING SUBSECTION (C) OF SECTION 29-A OF SAID CHARTER; CALLING AND PROVIDING FOR A SP CIAL MUNICIPAL ELECTION TO BE HELD ON T E 5TH DAY OF NOVEMBER, 1991, FOR THE PURPO OF SUBMITTING CHARTER AMENDMENT N0.3 TO THE ELECTORATE AT SAID ELECTION; FURTHER, DIRE ING THAT A CERTIFIED COPY OF THIS R OLUTION BE DELIVERED TO THE SUPERVISOR OF LECTIONS OF METROPOLITAN DADE COUNTY, FLORID NOT LESS THAN 45 DAYS PRIOR TO THE DA OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, on July 11, 1991, by its adoption of Reso tion No. 91-515, the City Cccmiission directed the City Attorney to prepare ~ie herein proposed Charter Amendment; and WHEREAS, the City Attorney's draft of the proposed c er amendment is set forth in its final foam in this Resolution, said draft be' submitted to the electors of the City this date by means of the herein resolut n; and WHEREAS, the proposed amendment shall be submitted to the e1 rate at a special municipal election on November 5, 1991 as called for and provided herein, and shall became effective upon its approval by the electors; ~ I NOW, THEREFORE, BCE IT RESOI.~VED BY THE CCNII~IISSION OF Tf~ CITY OF MIAMI, f FLORIDA: , ~; _~ =a e7~- ~I~ ~ ~ ,-~,~/ ;, J~-91-632 7/24/91 RESOLUTION N0. A RE5 UTION, WITH ATTACHMENT, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORA A PROPOSED CHARTER AMENDMENT, AMENDING E CHARTER OF THE CITY OF MIAMI, FLORIDA, AMENDED, KNOWN A5 CHARTER AMENDMENT N .4, TO ELIMINATE THE THREE (3) PROPOSAL REQ REMENT FOR A SALE OR LEASE OF CITY-OWNED P PERTY OTHER THAN WATERFRONT PROPERTY; EX PTING UNIFIED DEVELOPMENT PROJECTS AND S ES OR LEASES TO QUALIFIED COMMUNITY BASE ORGANIZATION FROM THE REQUIREMENT THAT CH SALE OR LEASE PROVIDE A RETURN TO THE CI OF FAIR MARKET VALUE; AUTHORIZING AMENDEE S TO LEASES; PROVIDING FOR THE RESOLUTION OF PROTESTS FILED IN CONNECTION WITH ANY EQUESTS FOR PROPOSALS FOR THE SALE OR LEASE CITY-OWNED PROPERTY; BY AMENDING CHARTER SEC ON 29-B; CALLING AND PROVIDING FOR A SPECIAL NICIPAL ELECTION TO BE HELD THE 5TH DAY OF OVEMBER, 1991, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT N0.4 TO THE ELECTORATE A SAID ELECTION; FURTHER, DIRECTING THAT A C TIFIED COPY OF THIS RESOLUTION BE DELI RED TO THE SUPERVISOR OF ELECTIONS OF ME OPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 5 DAYS PRIOR TO THE DATE OF SUCH SPECI MUNICIPAL ELECTION. WHEREAS, on July 11, 1991, by its adop 'on of Resolution No. 91-515, the City Commission directed the 'ty Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, the City Attorney's draft of the pro sed charter amendment is set forth in its final form in this Resol ion, 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 5, 1991 s called for and provided herein, and shall become effective upo 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 I Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. -1 .. ... .. ... ..:. .. .. ..:.... ... _. :......:~ .~ r f•.~1 J-91-633 7/24/91 RE50LUTION N0. A RE LUTION, WITH ATTACHMENT, APPROVING, 5ETTIN FORTH AND SUBMITTING TO THE _ ELECTO TE A PROPOSED CHARTER AMENDMEN'T', AMENDIN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, A5 AMENDED, KNOWN A5 CHARTER AMENDMENT N0.5 TO PROHIBIT THE COMMISSION -_ FROM FAVO LY CONSIDERING THE SALE OR LEASE OR CONTRACT FOR COMMERCIAL USE OR MANAGEMENT OF CITY 0 D WATERFRONT UNLESS THREE (3) - WRITTEN PROP AL5 SHALL HAVE BEEN RECEIVED AND TO PROVI FOR THE SUBMISSION TO THE ELECTORATE FOR ITS APPROVAL WHERE LESS THAN THREE (3) WRIT N PROPOSALS SHALL HAVE BEEN RECEIVED; TO PROVIDE A METHOD FOR ADVERTISEMENT F THE SOLICITATION OF PROPOSALS; TO PR IBIT THE COMMISSION FROM THE MODIFICATION OF EXISTING LEASES OR CONTRACTS FOR CO ERCIAL OR MANAGEMENT AGREEMENTS WHICH EX ND THE TERMS OF THE AGREEMENT, CHANGE THE SE OF PROPERTY; LESSEN THE RATE OF RETURN U ESS SUCH CHANGES ARE APPROVED BY THE V ERS; BY AMENDING SUBSECTION (f) OF SECTI 3 OF SAID CHARTER; CALLING AND PROVIDING FOR SPECIAL MUNICIPAL - ELECTION TO BE HELD 0 THE 5TH DAY OF NOVEMBER, 1991, FOR THE PU OSE OF SUBMITTING CHARTER AMENDMENT N0.5 TO E ELECTORATE AT SAID ELECTION; FURTHER, D ECTING THAT A CERTIFIED COPY OF THIS ESOLUTION BE DELIVERED TO THE SUPERVISOR 0 ELECTIONS OF METROPOLITAN DADE COUNTY, FLOR DA, NOT LESS THAN 45 DAYS PRIOR TO THE TE OF SUCH SPECIAL MUNICIPAL ELECTION. .y ~f ~ ~~ ~~ WHEREAS, on July 11, 1991, by its ado ion of Resolution No. 91-515, the City Commission directed the ity Attorney to prepare the herein proposed Charter Amendment; an WHEREAS, the City Attorney's draft of the pr osed charter amendment is set forth in its final form in this Res~.ution, said draft being submitted to the electors of the City th~s 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 5, 191 as called for and provided herein, and shall become effective its approval by the electors; ~ ~I NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ,J„ " e~ / Q