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Home My WebLink AboutR-87-0678J-87-668 7/1/87 RESOLUTION NO. r 6'*. A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 2, TO PROHIBIT ANY SALE OR LEASE OF CITY -OWNED PROPERTY WHERE THE RETURN TO THE CITY UNDER SUCH SALE OR LEASE IS LESS THAN FAIR MARKET VALUE AND TO REQUIRE THAT A REFERENDUM BE HELD WHEN THERE ARE LESS THAN THREE (3) PROPOSALS RECEIVED FOR A PROPOSED LEASE OR SALE OF CITY -OWNED PROPERTY AND TO PROVIDE EXEMPTIONS FROM SUCH THREE (3) PROPOSALS AND REFERENDUM REQUIREMENTS FOR CERTAIN CITY AND/OR GOVERNMENTAL PROJECTS; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 1987 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION 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 25, 1987, the City Commission directed the City Attorney to prepare this proposed Charter Amendment by the adoption of Resolution No. 87-598; and WHEREAS, the City Attorney's draft of the proposed charter amendment is hereby approved in its final form as set forth 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. 1987 as called for and provided herein, and shall become effective upon its approval by the electors; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETING OF LRES JUL 9 1987OLUTIN No.ARKS: 0^ 1^ Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2a. Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, the Charter of the City of Miami, Florida, as amended, is hereby amended by adding a new Section 53B reading as follows: "Sec. 53B Prohibition and restrictions upon sale or lease of City -owned property. 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 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 90 days for the City's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than 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 written proposals received from prospective purchasers or lessees; however, if there are less than three 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. As a further exception to the above requirements and any other requirement for competitive bidding procedures to be used in the disposition of This Section designation (53B) may be changed during codification. -2- 8 "GY eo 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." b. The charter amendment proposed in this Section shall be known as Charter Amendment No. 2. Section 3. 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, 1987, for the purpose of submitting the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 2. 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. 2, 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 -3- 8': -6' y -, recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section S. In compliance with Section 100.342, Florida Statutes, 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 the following newspapers of general circulation published in the City of Miami, Florida, at least twice, one in the fifth week and once in the third week, which notice shall be substantially in the following form: "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1987 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 87-678 A special referendum election will be held on Tuesday, November 3, 1987, 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. 2 be adopted prohibiting the sale or lease of any City - owned property where the return to the City is less than fair market value; placing certain notice and bidding requirements upon such property disposition and requiring referendum unless said requirements are met; exempting low and moderate income housing programs, community redevelopment projects, and governmental facilities or uses from such prohibition and requirements?" Charter Amendment No. 2 prohibits the sale or lease of city -owned property where the return to the City under such proposed sale or lease is less than fair market value. The Amendment also requires that a referendum be held when there are i± i' -4- J less than three proposals received for a proposed sale or lease Of City -owned property and where the return to the City under a proposed sale or lease is equal to fair market value. This Amendment also provides for exemptions from such prohibition and said three proposal and referendum requirements for certain City and/or governmental projects. By order of the Commission of the City of Miami, Florida. CITY CLERK (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, 1987 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: CHARTER AMENDMENT PROHIBITING SALE OR LEASE OF CITY -OWNED PROPERTY WITHOUT MEETING CERTAIN REQUIREMENTS. "Shall Charter Amendment No. 2 be adopted to prohibit the sale or lease of any city -owned property where the return to the City is YES less than fair market value; placing certain notice and bidding requirements upon such property disposition and requiring referen- dum unless said requirements are NO met; exempting low and moderate income housing programs, community redevelopment projects, and governmental facilities or uses from such prohibition and requirements?" $7-6? q-.! ■ OWl"041A OK Section 1. Electors desiring to vote for the amendment, 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 against the amendment, 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 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 3, 1987, 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 Election Department QZ A located at 111 Northwest 1 Street, Miami, 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 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 9th day of Uly 1987. r XAVIER L. gAREZ, MAYOR ATTET MATT HIRAI, CITY CLERK PREPARED AND APPROVED BY: �. 4 C_ ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY TO FORM AND CORRECTNESS: i _WV i •i. i Ww%i CITY ATTORNEY RFC/bss/M481 -7- S7"'"'6pj!.1e W ISM' OF POLLING PLACES OOON CITY OF MIAMI PCT. LOCATION ADDRESS 314 ROBERT KING HIGH COMMUNITY HOUSE 7026 W FLAGLER ST 316 MIAMI FIRE STATION •11 6990 W FLAGLER ST 316 WEST END PARK COMMUNITY HOUSE 260 SW 60 AV 317 FLAGAMI COMMUNITY HOUSE 7121 SW 3 ST 409 GRACE UTO METHODIST CHURCH 6501 N MIAMI AV 433 SOAR MEMORIAL PARK 100 NW 83 ST 434 NEW CANAAN BAPTIST CHURCH 7610 BISCAYNE BD 442 HARVEY W SEEDS AMERICAN LEGION 6445 NE 7 AV 443 HARVEY W SEEDS AMERICAN LEGION 6445 NE 7 AV 444 GRACE UNITED METHODIST CH 6501 N MIAMI AV 445 LITTLE RIVER BAPTIST CH 495 NW 77 ST 447 THENA CROWDER ELEMENTARY 757 NW 66 ST 448 BELAFONTE TACOLCY CTR 6161 NW 9 AV 449 CHARLES R DREW ELEMENTARY 1775 NW 60 ST 450 LIBERTY SQUARE COMMUNITY CTR 6306 NW 14 AV 451 NEW MT MORIAH HOLY CROSS MISS BAPT 6700 NW 14 AV 454 CHARLES R. DREW MIDDLE SCHOOL 1801 NW 60 ST 467 468 469 470 471 472 473 � �a R HIGH 1761 NW 36 ST MOORE PARK CHARLES HADLEY PARK ST PAUL INSTITUTIONAL AME CHURCH ORCHARD VILLA ELEMENTARY SCH ATHALIE RANGE PARK SHADOWLAWN ELEMENTARY 765 N.W. 36 ST 1300 NW 50 ST 1892 NW 51 ST 5720 NW 13 AV 525 NW 62 ST 149 NW 49 ST 87-6 1M6 LIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS 474 CHURCH OF GOD OF PROPHECY i1 4528 NW 1 AV 475 ARCHBISHOP CURLEY HIGH SCHOOL 300 NE 60 ST 478 LEMON CITY BRANCH LIBRARY 430 NE 61 ST 477 MORNINGSIDE PARK 750 NE 55 TR 601 HENRY M. FLAGLER ELEMENTARY 5221 NW 1 ST 604 GREATER MIAMI ACADEMY 3100 NW 18 AV 605 CORPUS CHRISTI CATHOLIC SCH 795 NW 32 ST 606 EUGENIO MARIA DE HOSTOS CTR 2902 NW 2 AV 607 DUNBAR ELEMENTARY SCH 505 NW 20 ST SOS YWCA 210 NE 18 ST 619 TRINITY CATHEDRAL HALL 464 NE 16 ST 620 YWCA 210 NE 18 ST 621 PHYLLIS WHEATLEY ELEMENTARY 1801 NW 1 PL 622 CULMER NEIGH SERVICE CTR 1600 NW 3 AV 623 ST JOHN INSTITUTIONAL MISS BAPT CH 1328 NW 3 AV 625 CULMER PLACE 610 NW 10 ST 626 MIAMI-DADE COMM COLLEGE 950 NW 20 ST 627 i I ROBERT A. BALLARD ARMORY 700 NW 28 ST 628 COMSTOCK ELEMENTARY SCHOOL 2420 NW 18 AV 829 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AV 630 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 2980 NW S RIVER DR 831 STEPHEN P CLARK BLDG 1650 NW 37 AV 832 KINLOCH PARK COMMUNITY HOUSE 455 NW 47 AV 633 KINLOCH PARK JR HIGH SCH 4340 NW 3 ST 834 INTERAMERICAN MILITARY ACADEMY 3525 NW 7 ST '.IST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS •ii!!!!!iili!!!i!!!!!!liiii!!!!!!!i!!!!!iiliii!!!!i!!!!!!!ii!!!!!!!!liiki+�! $36 ST MICHAEL'S CHURCH 2087 W FLAGLER ST 838 MIAMI FIRE STATION 07 314 BEACOM 80 837 HUD - CONFERENCE RM 1407 NW 7 ST 638 METROPOLITAN SENIOR CTR 1407 NW 7 ST 839 THE SALVATION ARMY 901 WEST FLAGLER ST 640 JACK ORR SENIOR CENTER 550 NW 5 ST 858 DADE COUNTY COURTHOUSE 73 W FLAGLER ST 657 MANUEL ARTIME COMMUNITY CTR 900 SW 1 ST 658 RIVERSIDE ELEMENTARY SCH 221 SW 12 AV 659 LITTLE HAVANA •1 HOUSING PROJECT 1759 SW 5 ST 660 JOSE MARTI PLAZA HOUSING PROJECT 154 SW 17 AV 661 KOUBEK 27TH AVENUE CTR 2705 SW 3 ST 663 WESLEY UNITED METHODIST CH 133 PONCE DE LEON BD 664 IGLESIA CRISTIANA REF EL BUEN SAM 4585 W FLAGLER ST 804 CORAL GATE PARK COMMUNITY BLDG 1415 SW 32 AV 805 WILLIAM MCALLISTER POST •1608 2750 SW 16 ST SOS WILLIAM MCALLISTER POST *1608 2750 SW 16 ST 807 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AV 808 SHENANDOAH JR HIGH SCH 1950 SW 19 ST 809 SHENANDOAH ELEMENTARY 1023 SW 21 AV 810 CORAL WAY PRESBYTERIAN CH 2O91 SW 14 AV 811 STS PETER A PAUL CATH SCH 1435 SW 12 AV 812 MIAMI FIRE STATION •4 1105 SW 2 AV 813 SIMPSON PARK -RECREATION BLDG 55 SW 17 RD 814 UTD TOWERS 1809 BRICKELL AV 4IST OF POLLING PLACES CITY OF MIAMI i PCT. LOCATION ADDRESS iiiiiiiiiiiii!liiiiiiiiiiiiiiiii•ilfiilili!!ilirli!!f!!liii!!!!!!!!!!*!!*** file MUSEUM OF NATURAL HISTORY 3980 S MIAMI AV 819 CORAL WAY ELEMENTARY 1060 SW 13 AV 820 SILVER BLUFF ELEMENTARY SCH 2609 SW 26 AV 821 DOUGLAS PARK COMMUNITY HOUSE 2766 SW 37 AV 829 BOYS CLUB OF MIAMI 2805 SW 32 AV 830 ELIZABETH VIRRICK BOXING GYM 2600 S BAYSHORE DR 832 MIAMI FIRE STATION *8 2975 OAK AV 833 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST 834 GRAND AVENUE PARK 236 GRAND AV 840 MIAMI DADE WATER A SEWER AUTHORITY 3575 S LEJEUNE RD 841 PEACOCK PARK 2820 MCFARLANE RD 8': -6'78 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Cesar H. Odic, City Manager Att: Aurelio Perez-Lugoties FROM, Lucia A. Dougherty City Attorney r 97 DATE: FILE: July 1, 1987 J-87-668 SUBJECT: Charter Amendment No. 2 REFERENCES: Sale/Lease of City -owned Property ENCLOSURES: ( 1) The enclosed resolution is being forwarded for your placement on the July 9th Commission Meeting Agenda, pursuant to directions of the City Commission on June 25, 1987. - LAD/RFC/bss/P419 cc: Matty Hirai, City Clerx Ron E. Williams, Director General Services Administration Carlos E. Garcia, Director of Finance 8 77-678