HomeMy WebLinkAboutR-87-0598J-87-574
6/28/87
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY ATTORNEY TO
PREPARE THE FOLLOWING CHARTER AMENDMENTS FOR
THE NOVEMBER 3, 1987 ELECTION, PURSUANT TO
ORDINANCE NO. 10118, ADOPTED JUNE 12, 1986:
CHARTER AMENDMENT NO. 1, TO PROVIDE MINIMUM
SUBSTANTIVE AND PROCEDURAL RESTRICTIONS AND
SAFEGUARDS UPON WATSON ISLAND DEVELOPMENT
PROPOSALS; CHARTER AMENDMENT NO. 2, 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) PROPOSAL AND REFERENDUM
REQUIREMENTS FOR CERTAIN CITY AND/OR
GOVERNMENTAL PROJECTS; CHARTER AMENDMENT
NO. 3, TO AUTHORIZE PREFERENCE TO BE AFFORDED
VENDORS AND/OR CONTRACTORS SITUATED IN THE
CITY IN THE AWARD OF CITY PROCUREMENT
CONTRACTS; AND CHARTER AMENDMENT NO. 4, TO
CREATE A BAYFRONT PARK MANAGEMENT TRUST
COMPOSED OF FIFTEEN (15) UNPAID MEMBERS
SERVING STAGGERED TERMS WHO WILL BE RESIDENTS
OF THE CITY AND APPOINTED BY THE CITY
COMMISSION WHOSE PURPOSE SHALL BE TO OPERATE
AND MANAGE BAYFRONT PARR AND SUCH OTHER CITY
PARKS AS MAY BE DESIGNATED FROM TIME TO TIME
BY THE CITY COMMISSION FOR THE PURPOSE OF
INSURING MAXIMUM COMMUNITY UTILIZATION AND
ENJOYMENT OF SAID PARKS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney is hereby directed to
prepare the following Charter Amendments for the November 3, 1987
Election, pursuant to Ordinance No. 10116, adopted June 12, 1986:
Charter Amendment No. 1, to provide minimum substantive and
procedural restrictions and safeguards upon Watson Island
r
Development Proposals; Charter Amendment No. 2, to require that a
referendum be held when there are less than three (3) proposals
received for a proposed lease or sale or City -owned Property and
to provide exemptions from such three (3) Proposal and referendum
requirements for certain City and/or governmental projects;
Charter Amendment No. 3, to authorize preference to be afforded
vendors and/or contractors situated in the City in the award of
City procurement contracts; and Charter Amendment No. 4, to
create a Bayfront Park Management Trust composed of fifteen
CITY COMMISSION
MEETING OF
JUN ' 5 1987
)N No. i _ 3
unpaid members serving staggered terms who will be residents of
the City and appointed by the City Commission whose purpose shall
! be to operate and manage Bayfront Park and such other City parks
as may be designated from time to time by the City Commission for
the purpose of insuring maximum community utilization and
enjoyment of said parks.
PASSED AND ADOPTED this 25th day of June , 1987.
VIER L. SUARE2, OR
ATT�
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
TO FORM AND CORRECTNESS:
3,IIC A A. DOUG
CITY ATTORNEY
RFC:bss:M165
8': -i 8
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE June 25, 1987 J;L47-574
of the/bity Commission
SUB_E�' Resolution directing
`- preparation of Charter
Amendments for
November, 1987 Election
FROM Lu is A. Doucf� rty REFERENCES City Commission Agenda
City Attornej/ 6/25/87; Item 412
ENCLOSURES l5/
Attached find
suggested language for each of the five proposed
Charter Amendments in the following order as appearing in the
resolution which
has been distributed in the packet:
Attachment 41
An amendment providing for minimum substantive
and procedural restrictions and safeguards upon
Watson Island Development Proposals.
Attachment 42
An amendment requiring that a referendum be held
when there are less than three proposals received
for a proposed lease or sale of City -owned
property and providing for exemptions from such
three proposal and referendum requirements for
certain City and/or governmental projects.
Attachment #3
An amendment authorizing preference to be
afforded vendors and/or contractors situated in
the City in the award of City procurement
contracts.
Please note that we have removed the provision
that preference be afforded County vendors.
Attachment #4 An amendment creating a Bayfront Park Management
Trust composed of thirty unpaid appointed members
serving staggered terms who will be initially
appointed by the City Commission and thereafter
by Trust members themselves whose purpose shall
be to operate and manage Bayfront Park and such
other City parks as may be designated from time
to time by the City Commission for the purpose of
insuring maximum community utilization and
enjoyment of said parks.
87-59F
Honorable Mayor and Members
Of the City Commission
dune 25, 1987
page 2
Please note that the resolution draft distributed
in the Agenda Packet referred to the Bayfront
Park Management Trust (Charter Amendment No. 4)
as an "independent and autonomous" agency. The
attached approved Resolution does not contain
this characterization of said Trust and has been
modified to express substantially the wording
which would be printed as the ballot question
language.
Attachment #5 An amendment prohibiting the use of City funds in
support of any multi -nation oonferenee held in
the City where government officials from
Communist -Marxist nations have been scheduled to
participate in or attend such conference.
LAD/RFC/bss/P415
cc: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
8'7--59F
87-59s
1 .1
Notwithstanding any provision to the contrary contained
in the Charter or Code of the City of Miami, no sale,
conveyance lease, management agreement, revocable use
permit, or license agreement may be entered into for
the management, occupancy or use of the area known as
Watson island unless (1) there shall have been, prior
to the date of the City Commission's consideration of
such sale, lease, management agreement, revocable
permit or license agreement, an advertisement
soliciting proposals for said sale, lease, management
agreement, revocable permit, or license agreement
published in a daily newspaper of general paid
circulation in the City, alloying 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, (2) the
proposed transaction be approved by a majority of the
votes cast by the electorate at a referendum. The
procedures for selection of proposals shall be those
provided by Charter Section 53(o), or (d)(i) as
appropriate or by applicable City Code provisions.
Nothing herein shall effect the existing rights or
privileges, if any, of any lessee, permittee, licensee
or concessionaire currently situated in said area;
however, any enlargement, amendment, transfer, or
increase in those rights or privileges as may be in
existence at the time this amendment is adopted shall
require compliance with the provisions of this
amendment. This Charter Amendment shall not affect the
City's use or occupancy of the area, nor shall it apply
to contracts for the construction of any City
facilities or improvements in the area; further,
nothing contained herein shall apply to projects of any
governmental agency or instrumentality.
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P416
87-59t;
kept 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
under, pursuant to, and as defined by the Florida
Community Redevelopment Act of 1969. 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 and implementing City -assisted housing
programs as may be authorized by federal or state law.
the City Commission is hereby prohibited from favorably
considering any sale or lease of property owned by the
City 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 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 of 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.
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(a) Personal property. All contracts for more than
four thousand five hundred dollars ($4,500.00)
shall be awarded to the lowest responsible bidder,
after public notice and using such competitive
sealed bidding methods as may be prescribed by
ordinance; provided, however, that if the amount
of a bid or proposal submitted by a vendor located
in the City of Miami is not more than ten percent
(10%) in excess of the lowest other responsible
bidder or proposer, such local vendor may be
awarded the contract, but the City Manager or his
designee shall have the power to reject all bids
and proposals.
(b) Public works or improvements. All contracts for
more than ten thousand dollars ($10,000.00) which
shall include contracts under which improvements
valued in excess of ten thousand dollars
($10,000.00) are to be constructed for the City or
on lands leased from the City, shall be awarded to
the lowest responsible bidder after public notice
and using such competitive sealed bidding methods
as may be prescribed by ordinance; provided,
however, that if the amount of a bid or proposal
submitted by a contractor located in the City of
Miami is not more than ten percent (10%) in excess
of the lowest other responsible bidder or
proposer, such local contractor may be awarded the
contract, but the City Manager or his designee
shall have the power to reject all bids and
proposals.
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ATTACHMENT #4
J-87-569
6/24/81
SAYFRONT PARR MANAGEMENT TRUST
O ATTACHMENT O
"Sec. 1. Bayfront Park Management Trust Created.
There is hereby created and established
an agency and instrumentality of the city to
be known as the "Bayfront Park Management
Trust". Use of the term "Trust" in this
Section shall mean the Bayfront Park
Management Trust.
Sec. 2. Purpose.
The Trust shall operate and manage all
aspects of City owned property known as
Bayfront Park (hereinafter referred to as
"Park"), and such other city park or parks as
shall be designated by the City Commission
from time to time (hereinafter referred to as
"Other Parks"), for the purposes of insuring
maximum community utilization and enjoyment.
The Trust shall endeavor to attract organized
activities and functions within the Park and
Other Parks consistent with this purpose.
Sec. 3. Governing body.
(a) Composition; appointments; term of office.
(1) The Trust shall consist of
thirty (30) members. Each
member of the Trust shall
reside or have his principal
place of business in Dade
County and shall be an
individual of outstanding
reputation for integrity and
responsibility and commitment
to serving the community. One
City Commissioner shall be an
ex-officio non -voting member
of the Trust.
(2) The initial appointments to
the Trust shall be made by the
City Commission in the
following manner: Bayfront
Park Management Trust, Inc.,
shall submit a slate of twenty
names to the City Commission.
Each City Commissioner shall
nominate two additional
members to the Trust. Ten of
the initial thirty members to
the Trust shall be appointed
to serve one-year terms, ten
shall be appointed to serve
two year terms and ten shall
be appointed to serve three
year terms.
(3) Upon expiration of each
initial term, each successor
87--598
member shall be named and
appointed by the remaining
members of the Trust for a
term of three (3) years,
except that any person
appointed to fill a vacancy
due to the death, resignation
or removal of any member of
the Trust shall serve only for
the unexpired term.
(4) The Trust shall elect the
Chairperson and other
officers, including a
secretary, from among its
members.
(5) Duly appointed members of the
Trust may be referred to from
time to time as Trustees.
(b) Oath. Upon the effective date of
his appointment or as soon thereafter as
practicable each member of the Trust shall
enter upon his duties but before doing so he
shall take the oath prescribed by S91 of the
City Charter.
(c) Organization; Indemnification.
(1) Quorum and Voting. At all meetings
of the Trust, the presence in person of a
majority of the Trustees then in office shall
constitute a quorum for the transaction of
business, and each Trustee shall have one
vote on every issue submitted to a vote of
the Trust. The act of a majority of the
Trustees present at a meeting at which a
quorum is present shall be the act of the
Trust.
The members of the Trust shall make and
adopt bylaws and rules and regulations for
the Trust's governance and for the operation,
governance, and maintenance of its Park and
Other Parks.
(2) Meetings. The Trust shall hold
regular quarterly meetings and may hold such
other meetings as it deems necessary. All
meetings of the Trust shall be public and
written minutes of the proceedings thereof
shall be maintained by the Trust. All
actions taken at the meetings of the Trust
shall be promptly and properly recorded. The
official city policies relating to the
attendance of regular board meetings shall be
applicable to members of the Trust.
(3) Protection from personal liability.
The city shall defend, hold harmless, and
indemnify members of the Trust, its employees
and volunteers from all claims and
liabilities arising from any act or action
within the scope of their duties. Nothing in
this section shall be construed in any way to
affect the laws relating to sovereign
immunity.
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8 ;'-598
Sec, 4, Powers, purposes and duties of the
Trust.
(a) The Trust, as a governing body,
shall exercise supervisory control over and
shall have responsibility for the operation,
maintenance, and governance of all functions
and activities in Sayfront Park and/or Other
Parks.
The powers of the Trust shall include:
(1) the construction, improvement,
extension, enlargement, remodelling,
repairing, equipping, maintenance, and
operation of Bayfront Park and other
City parks as may be designated by the
City Commission from time to time,
including events, whether privately
and/or publicly funded, and the usual
functions related thereto, including but
not limited to advertising, promotion,
marketing, and programming of all
facilities including, subject to
existing contractual obligations,
refreshment stands and restaurants,
piers, facilities for the purveying of
foods, beverages, publications,
souvenirs, novelties, and goods and
services of all kinds;
(2) the construction, equipping,
maintenance, and operation of recreation
centers, club houses, gymnasiums and
related buildings, and the usual and
convenient facilities appertaining to
such undertakings, and areas, including,
but not limited to, athletic fields,
golf courses, parking facilities or
parking areas in connection therewith;
and
(3) the acquisition in its own name of the
necessary personal property, in
connection with (1) and (2) above and
the Trust may lease, sell, and license
any part or all of such facilities, to
any person, firms or corporations
whether public or private so as to
assure the efficient and proper
development, maintenance, and operation
of such facilities and areas, deemed by
the Trust to be necessary, convenient,
or desirable.
(b) The Trust shall have the capacity and
powers:
(1) to have a seal and alter the same at
pleasure;
(2) to appoint, select, and employ officers,
agents and employees, including
engineering, architectural and
construction experts, fiscal agents and
other consultants, and establish their
respective compensations subject to the
provisions of state law as same may be
amended from time to time;
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8 •-598-
(3) to construct, erect, acquire, own.
repair, remodel, maintain, add to,
extend, improve, equip, furhish, operate
and manage facilities as deemed
necessary by the members of the Trust,
the cost of such to be paid in whole or
in part from the proceeds of revenue
bonds, as may be permitted by state law,
or other funds of the Trust or from such
proceeds or other funds made available
to the Trust;
(4) to accept loans and/or grants of money
or materials or property of any kind
from the United States of America or any
agency or instrumentality thereof, upon
such terms and conditions as the United
States of America or such agency or
instrumentality may impose;
(5) to accept loans and/or grants of money
or materials or property of any kind
from the State of Florida or any agency
or instrumentality or political
subdivision thereof, upon such terms and
conditions as the State of Florida or
such agency or instrumentality or
political subdivision may impose;
(6) from time to time to sell, lease, grant,
exchange or otherwise dispose of any
surplus personal property, not required
in the normal operation of and usable in
the furtherance of the purpose for which
the Trust was created;
(7) to sell and/or mortgage, convey,
exchange, option or otherwise dispose of
any donated real or personal property,
subject to any limitations as may be
imposed by law or the provisions hereof;
(8) to exercise any power usually possessed
by private corporations performing
similar functions, which is not in
conflict with the Constitution and the
laws of this state or the City Code and
Charter;
(9) to request via formal resolution of the
Trust that any governmental entity
exercise any of its powers on behalf of
the Trust; and
(10) to do all things necessary or convenient
to carry out the powers enumerated
herein.
Sec. 5. Appointment, term, qualifications,
compensation, general powers and
responsibilities of the Executive
Director.
There shall be an Executive Director who
shall be appointed by the Trust and who shall
hold office at the will of the Trust members.
The Executive Director shall be a person of
good moral character and have an excellent
reputation for integrity, responsibility, and
business ability, but no Trust member shall
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8 7-J9 t- i
be eligible for appointment as Executive
Director. The Executive Director shall
receive such salary as shall be fixed by the
Trust, subject to budget limitations. The
Executive Director shall take an oath before
entering upon any duties. The Executive
Director shall act as the chief executive
officer of the Trust. Subject to the policy
directives of the Trust, the Executive
Director shall have general supervision over
and be responsible for the operation and
maintenance of all Trust properties,
activities, and facilities. The Executive
Director shall execute all contracts in
behalf of the Trust after approval by the
Board. The Executive Director shall attend
all meetings of the Trust, shall furnish the
Trust a quarterly report with respect to the
operation, maintenance and financial
condition of the Trust, and shall from time
to time have prepared and shall furnish such
reports, audits and other information
relating to said Trust as may be required by
the Trust or the City. in the event that the
Executive Director shall for any reason be
temporarily incapable of exercising the
powers and performing the duties and
functions of his office, the Trust members
may appoint, subject to the approval of the
City Commission, an Acting Executive Director
to exercise such powers and to perform such
functions and duties until such incapacity of
the Executive Director shall be terminated.
Sec. 6. Employment of assistants.
Subject to the policy directives of the
Trust and budget limitations, the Executive
Director shall employ such assistants as are
necessary to provide for the efficient
operation of the Trust.
Sec. 7. Encouragement of private enterprise.
The Trust shall, to the greatest extent
it determines to be feasible, implement the
exercise of its powers in a manner which
utilizes and encourages the fullest and most
active participation and cooperation of
private enterprise.
Sec. 8. Counsel.
The City Attorney's Office shall
provide, directly or indirectly, legal
services to the Trust as may be necessary and
requested by the Trust.
Sec. 9. Approval of budget.
Commencing October 1, 1988, the Trust
shall establish a fiscal year which coincides
with that of the City of Miami. The Trust
shall submit to the City Commission in a form
acceptable to City Manager no later than the
first day of April next preceding each fiscal
year a Trust budget request pertaining to
operating and capital expenditures and
delineating the financial responsibility of
the City for certain categories including but
-5- 87-S9e
not limited to: insurance, security,
utilities, capital improvements and
maintenance. Nothing contained herein shall
be construed to prohibit the Trust from
submitting to the Commission a supplemental
budget for approval.
No expenditure shall be made in any
given year without approval by the City
Commission of the Trust budget for that year.
Sec. 10. Annual report and audit.
The Trust shall submit to the City
Commission an annual report and an annual
audit. The audit shall be performed by an
external auditor who is a certified public
accountant.
Additionally, the City shall have the
right to audit any books, accounts
expenditures, receivables, and contracts of
the Trust at any time.
Sec. 11. Contributions.
It is the intention of the City
Commission that the Trust actively solicit
contributions and financial support from
private business interests and any other
governmental authorities."
GMM/RFC/rcl/M460
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87-5gf-1
No City funds shall be expended to finanoe, in whole or
in part, any multi -national oommeroial or oultural
oonferenoe or oonvention where government offioials of
Communist -Marxist oountries have either been soheduled
to partioipate or invited to attend.
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