HomeMy WebLinkAboutItem #72 - Discussion Item69
MAY-20--BV THU 13 S4B L-AW DEPT P. 02
CITY OF MIAMIi VLO1NbA
INTER-01FINCE MlMORANDUM
♦o Cena Odi4 o City Manager °•re' M4y 28 s 1987 ^is
tt Aurelio Perez-Lugoaes
sv�it�r Charter Amendments for
November 1987 gieotion
FROM Lu is A. Doug b ty �srtRchcts�Ci#.y Commission Agenda
City Attorney June 11. 1987
ENC1699YNtao
Our office has received informal directio^ from the City
Commission in connection with the above subject. The following
are the amendments we are preparing:
1. Minimum substantive and procedural restrictions
and sateguards upon Watson Island Development
proposals. ,
2-Ca) snemptions from existing three (3) roposal
Charter requirement for disposition of Ctty-owned
property for City or governmental projeots.
(b) Requirement that a referendum be held When there
are less than three (3) proposals reosived for a
proposed lease or sale of City -owned property.
3. Authorization for preference to be afforded
vendors and/or Contraotors situated in the City in
the award of City proourement oontraotrs.
4. Zatablishment of Management Trust to operate
Hayfront lark.
0. Prohibition upon use of City funds in support of
any multi -nation Conference held in the City Where
government officials from certain nations have
been soheduled to participate in or atter4 suoh
conferenoe.
we are requesting that you lace this subjeot on the
June 11, 1987 City Commission Meeting Agenda as a Disoussion
Item*
LAD:RFC:bea:P387
�tSG�A.SSr3�,�
s7-5821,1
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CITY Oc' MiA%A FLOQ'=A
INTER-OFFI.se , MEMORANDUM
Honorab�,y
mayor and members '^ �,.E June 10, 1987
of the Commission
Charter Amendments for
November 1987 Elections
uc a A. Dou erty "' City Commission Agenda,
City Attorney June 11, 1987, Item #69
. (1)
As follow-up to the amendments outlined in our June 1, 1987
memorandum which has been distributed in your Agenda Packet, we
ask that you review the herein material at the meeting of
June filth and we will prepare a resolution for adoption at the
June 25th meeting formally directing us to draft all desired
amendments. At the July 9th meeting, we will prepare and present
the desired amendments in resolution form which will also provide
for an election to be held November 3. 1987:
I. WATSON ISLAND
"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 ]mown 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, 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 hea"l.ine in the
advertisement to be in a type no smaller t 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
57-582 0 1
Honorable Mayor and Members Oune 10, 1987
of the City Commission rages 4
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."
2. ALL CITY -OWNED PROPERTY
The text combines the amendments referred to in
Paragraphs 2(a) and 2(b) of our dune lot memorandum and
provides for a referendum to be held when there are
less than three proposals received for a proposed sale
or lease of City -owned property regardless of whether
conveyance at fair market value is being proposed; it
also provides for exemptions from the existing three
(3) proposal Charter requirement for disposition of
City -owned property for City or governmental housing or
redevelopment projects.
"Except for the conveyance or disposition of City -owned
property implementing City Affordable Housing Programs
or those Projects funded under, pursuant to, and as
defined by Florida Community Redevelopment Statutes,
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."
Honorable Mayor and Members
of the City Commission
3. PREFERENCE IN PROCUREMENT
June 10, 1987
Page 3
(a) "Personal property. All contracts for more than
four thousand five hundred dollars ($4,800.00)
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
(t10,000.00) 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."
4. BAYFRONT PARK
A draft of a Charter provision is attached which
creates an independent and autonomous agency to operate
and manage all aspects of Bayfront Park (and such other
City park or parks the City Commission may designate
from time to time).
Please note that pending the outcome of your review and
decision in this matter we have prepared and already
forwarded to the appropriate department the draft of an
agreement for the City Manager's possible use in
negotiating a management contract for the interim
management of Bayfront Park.
•
Honorable Mayor and Members June 10, 1987
of the City Commission Page 4
5. MULTI -NATIONAL CONVENTIONS
"No City funds shall be expended to finance, in whole
or in part, any multi -national commercial or cultural
conference or convention where government officials of
Communist -Marxist countries have either been scheduled
to participate or invited to attend."
LAD/RFC/bss/P399
co: Cesar H. Odic, City Manager
Natty Hirai, City Clerk
J-87-569
A-
6/10/87 DR FT
BAYFRONT PARR MANAGEMENT TRUST
•ATTACHMENT'
"Sec. Bayfront Park Management Trust.
Theee is hereby created and established
an independent and autonomous agency and
instrumentality of the City of Miami to be
known as the 'Bayfront Park Management
Trust'. Use of the term 'Trust' in this
Chapter shall mean the Bayfront Park
Management Trust.
Sec, Purpose.
The Trust shall operate and manage all
aspects of City owned property known as
Bayfront Park and such other park or parks as
shall be designated by the City Commission
from time to time for the purposes of
insuring maximum community utilization and
enjoyment. The Trust shall endeavor to
attract organized activities and endeavors
within the Park or parks consistent with this
purpose.
Sec. Governing body.
(a) Composition - 30 members.
(1) Initial appointments only from
recommendations submitted by
City Manager.
(2) Thereafter by nomination for
expired terms from Trust
itself.
(3) One commissioner shall serve
at the appointment of
commission ex-officio.
(b) Term. Three (3) years staggered.
One, two and three year appointments.
(c) Election of Officers. Members
shall elect their own officers.
(d) Organization, powers and duties of
the Trust. The Trust shall designate a
secretary who may or may not be a member of
the Trust.
Five (5) members of the Trust eligible
to vote shall constitute a quorum. A
majority of the quorum is empowered to
exercise all the rights and perform all the
duties of the Trust, and no vacancy in the
Trust shall impair the right of the quorum to
act.
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
facilities.
(e meetings• The Trust shall hold
regular monthly meetings in accordance with
the bylaws of the Trust, and the Trust may
hold such other meetings as it deems
necessary. All meetings of the Trust shall
be public and written minutes of the proceeds
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.
(f) Protection from personal liability.
The city shall defend, hold harmless, and
indemnify members from all claims and
liabilities arising from any act or action
within the scope of their duties.
Sec. 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 in such
other park or parks as the City Commission
may designate.
The powers of the Trust shall include:
(1) the acquisition, construction,
improvement, extension, enlargement,
remodelling, repairing, equipping,
maintenance, and operation of one or
more exhibition halls, arenas,
convention centers, coliseums,
auditoriums, and/or athletic stadiums
for the exhibition events, whether
privately and/or publicly owned, and the
usual facilities related thereto,
including, without limitation,
refreshment stands and restaurants, and
facilities for the purveying of foods,
beverages, publications, souvenirs,
novelties, and goods of all kinds,
whether operated or purveyed directly or
indirectly through concessions,
licenses, leases, or parking areas in
connection therewithf
(2) the acquisition, 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;
(3) the acquisition in its own name of the
necessary property, both real and
personal, in connection with (1) and (2)
i
above and the Trust may lease, sell, and
license any part or all such facilities,
i . t .•.0 a .... �^ �> >nd personal property, 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, subject to prior approval
of the City Commission.
(b) The Trust shall have the capacity and
powers:
(1) to sue and be sued, to implead and be
impleaded, complain and defend in its
own name in all courts of law and
equity. This provision shall not be
construed in any way to affect the laws
relating to governmental immunity;
(2) to purchase, lease, or otherwise
acquire, hold, own, mortgage, sell,
convey, exchange, option, or otherwise
dispose of real and personal property of
every class and description or interest
therein, including leasehold and
licenses for any terms, for any purpose
consistent with this Chapter, subject to
any limitations as may be imposed by law
or the provisions herein;
(4) to appoint, select, and employ officers,
agents and employees, including
engineering, architectural and
construction experts, fiscal agents and
fix their respective compensations
subject to the provisions of state law
as same may be amended from time to
time;
(5) to make contracts, leases and to execute
all instruments necessary or convenient,
including contracts for construction of
projects and leases of projects or
contracts with respect to the use of
projects which it causes to be erected
or acquired, and to dispose, by
conveyance of its title in fee simple,
of real and personal property of every
kind and character;
(6) to construct, erect, acquire, own,
repair, remodel, maintain, add to,
extended, improve, equip, furnish,
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, or other funds of the Trust or
from such proceeds or other funds made
available to the Trusts
(7) 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;
`...,: ,�
(8) to accept loans and/or grants of money
�.•.�L: ��� e&—'LeLi.y 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;
(9) to borrow money for any of its corporate
purposes and to execute evidences of
such indebtedness and to secure the same
and to issue negotiable revenue bonds
payable solely from funds pledged for
that purpose, and to provide for the
payment of the same and for the rights
of the holders thereof, all in
accordance with Section 212.057, Florida
Statutes;
(10) from time to time to sell, lease, grant,
exchange or otherwise dispose of any
surplus property, both real and
personal, or interest therein not
required in the normal operation of and
usable in the furtherance of the purpose
for which the Trust was created;
(11) 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.
(12) to request via formal resolution of the
Trust that any governmental entity
exercise any of its powers on behalf of
the Trust; and
(13) to do all things necessary or convenient
to carry out the powers enumerated
herein.
Sec. Appointment, term, qualifications,
compensation, general powers and
responsibilities of the Director.
There shall be a Director who shall be
appointed by the Trust, subject to the
approval of the City Commission and who shall
hold office at the will of the Trust members.
The 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 he
eligible for appointment as director. The
Director shall receive such salary, as shall
be fixed by the Trust, subject to budgets
limitations. The Director shall take an oath
before entering upon any duties. The
Director shall act as the chief executive
officer of the Trust. Subject to the policy
directives of the Trust, the Director shall
have general supervision over and be
responsible for the operation and maintenance
of all Trust properties, activities, and
facilities. The Director shall attend all
meetings of the gust, shall furnish the
Trust a monthly report with respect to the
• 15R FT
operation, maintenance and financial
condition of the Trust, and shall from time
1- .....All :.urn:ah such
reports, audits and other information
relating to said Trust as may be required by
the Trust. In the event that the 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 an Acting Director to
exercise such powers and to perform such
functions and duties until such incapacity of
the director shall be terminated.
Sec. Employment of assistants.
Subject to the policy directives of the
Trust and budget limitations, the Director
shall employ such assistants, including
engineering and professional assistants and
experts, as are necessary to provide for the
efficient operation of the Trust.
Sec. Encouragement of private enterprises.
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. Counsel
The City Attorney's Office shall provide
legal services to the Trust as may be
necessary and requested by the Trust. The
Trust shall have the right to employ other
counsel outside the City Attorney's Office to
render legal services to it or on its behalf
to the extent it deems necessary and
advisable.
Sec. Trust solely liable for obligations.
No obligation or liability of any kind
or nature whatsoever incurred by or asserted
against the Trust shall in any manner
whatsoever be an obligation or liability of
the City of Miami.
Sec. 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 no later
than the first day of April next preceding
each fiscal year a Trust budget request
pertaining to operating and capital
expenditures, which budget shall not be
implemented until approved by the City
Commission.
The Trust budget shall be prepared on
official city budget forms in a format
prescribed by the City Manager and shall he
reviewed in a manner similar to that in which
requests of other city departments are
reviewed. Nothing contained herein shall be
5-
• DRAFT
construed to prohibit the Trust from
submitting to the Commission a supplemental
budget for ,p; �-
Sec. 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.
Sec. Contributions
It is the intention of the City
Commission that the Trust actively solicit
contributions and financial support from
private business interests in the city."
GMM/RFC/rcl/M460