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HomeMy WebLinkAboutR-86-0656J-88-670 7/24/86 RESOLUTION NO. Sfi"'6561 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SUBSECTION (d) OF SECTION 29 OF THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 1, THEREBY PROHIBITING THE CITY COMMISSION'S FAVORABLE CONSIDERATION OF SALE OR LEASE OF CITY - OWNED REAL PROPERTY AT LESS THAN FAIR MARKET VALUE AT HIGHEST AND BEST USE AS DETERMINED BY THE AVERAGE AMOUNT OF TWO APPRAISALS UNLESS (a) THERE SHALL HAVE BEEN 90 DAYS PRIOR TO THE DATE OF CONSIDERATION BY THE CITY COMMISSION, AN ADVERTISEMENT SOLICITING PROPOSALS FOR SAID SALE OR LEASE PUBLISHED IN A DAILY NEWSPAPER OF GENERAL PAID CIRCULATION IN THE CITY, 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 3 WRITTEN PROPOSALS RECEIVED FROM PROSPECTIVE PURCHASERS OR LESSEES; HOWEVER, IF THERE ARE LESS THAN 3 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 OR LEASE MAY BE CONSUMMATED; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF NOVEMBER, 1986 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 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 48 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, pursuant to Resolution No. 86-828, adopted June 28, 1988, the City Attorney has drafted a proposed oharter amendment; w and CITr COD4)d s-11 XEET1N(; CF JUL %4 1986 WHEREAS, the City Attorney's draft of the proposed oharter amendment is hereby approved in its final form as set forth in this resolution, said draft being submitted to the eleotors of the City this date by means of the herein resolution; and WHEREAS, the proposed amendment shall be submitted to the eleotorate at a speoial munioipal eleotion on November 4, 1988, as called for and provided herein, and shall beoome effeotive upon its approval by the eleotors; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. Seotion 1. The reoitals and findings contained in the Preamble of this Resolution are hereby adopted by referenoe thereto and inoorporated herein as if fully set forth in this Seotion. Seotion 2.a. Subsection (d) of Seotion 29, entitled "Contraots for personal property, publio works or improvements, unified development projeots, and real property; safeguards" of the City of Miami Charter, Chapter 10847, Speoial Aots, Laws of Florida, 1928, as amended, is hereby amended by adding language in the title of said Subsection, by renumbering the existing Subseotion (d) as Paragraph (i), and by adding a new Paragraph (ii) with the newly amended Subseotion reading as follows:1 "(d) Sales and leases of real property: Prohibition. LLI Rxoept as otherwise provided in this oharter Seotion. there shall be no sale, oonveyanoe, or disposition of any interest, inoluding any leasehold, in real property owned by the oity, the department of off-street parking, or the downtown development authority, unless there has been prior publio notioe and a prior opportunity given to the publio to oompete for said real property or interest. Any suoh sale, oonveyanoe, or disposition shall be oonditioned upon oomplianoe with: the provisions of this Seotion; suoh proourement methods as may be prescribed by ordinanoe; 1 Words and/or figures strioken through shall be deleted. Undersoored words and/or figures shall be added. Remaining provisions are now in effeot and remain unohanged. —2— vma a � 111111.�� r ; and any restrictions that may be imposed by the city, s` the department of off-street parking, or the downtown 4f development authority, as appropriate. Further, no right, title, or interest shall vest in the transferee of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, r=_ 1 as is determined by the city commission, or the :.. off-street parking board, or the downtown development F authority board of directors. The city commission or the off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure: ! the city manager, the director of the off-street parking authority, or the director of the downtown development authority, as appropriate, must make a i written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two- thirds of the commission after a properly advertised public hearing. When the requirement of sale, conveyance, or disposition to the highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown .'. development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to s the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. b. The charter amendment proposed in this section shall be known as Charter Amendment No. 1. 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 4. 1988, for the -3- 86-656, purpose of submitting the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 1. Section 4. Said special municipal election shall be held at the voting plaoes in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to 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 Eleotion 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 acoordance with the general laws of the state. A desoription 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 speoial municipal election is as follows: all registration cards, books, reoords and certificates pertaining to eleotors 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 reoognized and accepted as, official registration cards, books, reoords and oertifioates of the City of Miami. Section 5. In compliance with Section 100.342, Florida Statutes, the City Clerk is hereby authorized and directed to publish notioe of the adoption of the herein resolution and of the provisions hereof, at least twice, onoe in the fifth week and onoe in the third week prior to the week in whioh 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, whioh notice shall be substantially in the following form: -4- 86- 6561 "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 86- A special referendum election will be held on Tuesday, November 4, 1988, 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 eleotors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 1 be adopted to require approval of a majority of votes cast by the electorate at a referendum before the sale or lease of city land at less than fair market value unless the City has received not less than 3 written proposals for such sale or lease after a newspaper advertisement soliciting such proposals has been published allowing not less than 90 days for the City's receipt of proposals? Charter Amendment No. 1 prohibits the City Commission's favorable consideration of the sale or lease of City -owned real property at less than fair market value at highest and best use as determined by the average amount of two appraisals without approval of a majority of the votes oast by the electorate at a referendum unless the City has received a minimum of 3 written proposals for such sale or lease after a newspaper advertisement solioiting such proposals has been published allowing not less than 90 days for the City's receipt of written proposals from prospective purchasers or lessees. By order of the Commission of the City of Miami, Florida. CITY CLERK (Insert list of City of Miami Polling Plaoes.)" W2 86-656' Seotion 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 4, 1988 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ----------------------------------------------------------- CHARTER AMENDMENT REQUIRING REFERENDUM FOR DISPOSITION OF CITY LAND IF LESS THAN THREE PROPOSALS RECEIVED "Shall Charter Amendment No. 1 be adopted to require approval of a majority of votes cast by the electorate at a referendum before YES the sale or lease of City land at less than fair market value unless the City has received three written proposals for such sale or lease NO after a newspaper advertisement soliciting proposals has been published allowing not less than 90 days for the City's receipt of proposals? Section 7. 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. 86-'-656, F 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 oast 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 4, 1986, and who have not registered under the provisions of the general laws of Florida and Chapter 18 of the code of the City of Miami, Florida, or who have transferred their legal resident from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 6:00 P.M. at the Metropolitan Dade County Election Department located at 111 Northwest 1 Street, Miami, Florida. In addition to the above place and times, qualified persons mays 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. NATTY HIRAI, the City Clerk of the City of Miami, Florida, or her duly appointed successor, is hereby designated and appointed as the offioial representative of the Commission of the City of Miami, Florida, in all transactions -7- 86--6561 4 k with the Supervisor of Elections of Dade County in relation to €F matters pertaining to the use of the registration books and the i holding of said special munioipal 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. a PASSED AND ADOPTED this 2 ±Ji day of JULY me= , 1986. ZkAVIER L. SUARV, MAYOR .,. ATTEST: MAT HIRAI, I Y CLERK PREPARED AND APPROVED BY: �'ROtERT I F. C CHIEF DEPUT CITY ATTORNEY APPROVED,�iS Z'0 FORM AND CORRECTNESS: LUCIA 'A . DOUG CITY ATTORNEY RFC/rr/M189 -8- �x CIPK or 11IAMI, POLLING_ PLACtS �PRBC INCT POLLING P10E SITI� pot L�1 PLACE Ab[�RESS i t�ra��rr,�,�,���saa��tr���rs�r�rr��r�r�r�ara•:���sa�rr+�:�rrr�r,�s�►a���t�s*ats�r��rr,ra��rseat:���r�r 314 ROBERT KING NIGH COMMUNITY HOUSE 7023 W FLAMER ST 31S MIAMI FIRE STATION ill 9920 W FLAMER ST 316 WEST END PARK COMMUNITY HOUSE 250 SW 60 AV 317 FLAGAMI COMMUNITY HOUSE 7121 SW 3 ST 409 GRACE UTD METHODIST CH 6S01 N MIAMI AV 433 SOAR MEMORIAL PARK BLDG 100 NW 83 ST 434 NEW CANAAN BAPTIST CH 7610 BISCAYNE BD 442 HARVEY W SEEDS AMERICAN LEGION POST 6445 NE 7 AV 443 HARVEY W SEEDS AMERICAN LEGION POST 6445 NE 7 AV 444 GRACE UNITED METHODIST CH 6S01 N MIAMI AV 445 LITTLE RIVER BAPTIST CH 495 NW 77 ST 447 THENA CROWDER ELEMENTARY SCH 757 NW 66 ST 448 BELAFONTE TACOLCY CTR 6161 NW 9 AV 449 CHARLES R DREW ELEMENTARY SCH 1775 NW 60 ST 4SO LIBERTY SQUARE COMMUNITY CTR 6306 NW 14 AV 451 NEW NT N MUM HOLY 0:0SS HISS BAPT CH 6700 NW 14 AV 454 JOSEPH CALEB CTR 5400 NW 22 AV 463 LORAH PARK ELEMENTARY SCH 5160 NW 31 AV 467 MIAMI JACKSON SENIOR HIGH SCH 1752 NW 36 ST 468 MIAMI FIRE STATION 86 3600 NW 7 AV 469 CHARLES HADLEY PARK BLDG 1300 NW 50 ST 470 ST PAUL INSTITUTIONAL AME CH 2892 NW 51 ST 471 ORCHARD VILLA ELEMENTARY SCH 5720 NW 13 AV 472 ATHALIE RANGE PARK BLDG 525 NW 62 ST 473 SHADOWLAWN ELEMENTARY SCH 149 NW 49 ST 474 CHURCH OF GOD OF PROPHECY #i CH 4528 NW 1 AV 475 ARCHBISHOP CURLEY HIGH SCH 300 NE 50 ST 476 LEMON CITY BRANCH LIBRARY 430 NE 61 ST 477 MORNINGSIDE PARK BLDG 750 NE 55 TR 601 OPEN BIBLE GOSPEL LIGHTHOUSE CH 4801 W FLAGLER,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 608 YWCA BLDG 210 NE 18 ST 619 TRINITY CATHEDRAL BALL 464 NE 16 ST 620 YWCA BLDG 210 NE 18 ST 624 PbYLLIS NAMTLEY ELEMZNTARY SCH 1801 NW 1 Pro EXHIBIT NO. 1 86-6561 CM-o . MIAML POLLftta PLACIS I PArc POLLING PLACE SITE POLL- ..G PLACE ADDRESS 1!e!!*f�s!!!i!!!!!!ll�lrt�lli�til���lslll��!!tltltil! IM�tlli�f'l�fF!!l�ltik�li!lfllfl�M�!ltl�Irlrt�lt! 622 CULMrR NEIGH SERVICE CTR 1600 NW 3 AV 623 ST JOHN'S BAPTIST CH 1328 NW 3 AV 625 CULMER PLACE CTA 610 NW 10 ST 626 MIAMI-DADS COMM COLLEGE MED CAMPUS 950 NW 20 ST 627 ROBERT A. BALLARD ARMORY 700 NW 28 ST 628 CONS70CK ELEMENTARY SCH 2420 NW 18 AV 629 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AV 630 MZMU FIRE FIGfw= BENV ASSOC BLDG 2980 NW S RIVER DR 632 STEPHEN P CLARK BLDG 1650 NW 37 AV 632 KINLOCH PARK COMMUNITY HOUSE 455 NW 47 AV 633 KINLOCH PARK JR HIGH SCH 4340 NW 3 ST 634 INTERAMERICAN MILITARY ACADEMY 3525.NW 7 ST 635 ST MICHAEL'S CH 2987 W FLAGLER ST 636 MIAMI FIRE STATION #7 314 BEACOM BD 637 HUD - CONFERENCE RM 1407 NW 7 ST 638 METROPOLITAN SENIOR CTR 1407 NW 7 ST 639 HENDERSON PARK BLDG 971 NW 2 ST 640 JACK ORR SENIOR CENTER 550 NW 5 ST 656 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 CTR 154 SW 17 AV 662 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 CH 4585 W FLAGLER ST 804 CORAL GATE PARK COMMUNITY BLDG 1415 SW 32 AV 805 WILLIAM MCALLISTER POST #1608 2750 SW 16 ST 806 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 SCH 1023 SW 21 AV 810 CORAL WAY PRESBYTERIAN CH 2O91 SW 14 AV 811 STS PETER i 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 818 MUSEUM OF NATURAL HISTORY 3280 S MIAMI AV -2- �fi"'�i CITY --or- MIAMI.pOLLTN(;_ $ PRC POLEING P18^t:E SITE potti!04 PLACE ADdkESS r.,. .�!�*�����l�i!lt��f�S!l�l�l�s���ts��!*!flfl►i�yltis����lff��•!�*���!!!�!!!!l�s�tt�Ml� 819 i CORAL MA Y ELEMENTARY $CA 1950 SW 12 AV 5 820 SILVER BLUFF ELEMENTARY SCH 2609 SW 25 AV 821 DOUGLAS PARK COMMUNITY HOUSE 2735 SW 37 AV :,- 829 BOYS CLUB OF MIAMI $LDG 2805 SW 32 AV 830 ELIZABETH VIRRICK BOXING GYM 2600 S BAYSHORE DR 832 MIAMI FIRE STATION f8 2975 OAK AV 833 ELIZABETH VIRRICK PARK BLDG 3230 HIBISCUS ST 834 GRAND AVENUE PARK BLDG 236 GRAND AV 840 MIAMI DADE WATER 4 AtMM 'y p 3575 S LEJEUNE RD *;= 841 PEACOCK PARK BLDG 2820 MCFARLANE RD" -3- CIt^Y OR MIAM. POLOWDA oq� 34 jr4-revq.0rIrICE M9MOIANDU To. Cesar H. Odio, City Manager DATE: July 17, 1986 FILE: ' Attn: Alberto Ruder, 6peoial Assistant to City Manager !u„ECT: Charter Amendment City C�ommission Agenda, Luoia A. Dougherty REFERENCES: Items (::.�' and #38 FROM: City Attorney ENCLOSURES: This will oonfirm the understanding that the legislation implementing the two proposed Charter Amendments is being forwarded to the City Commission under separate ooner. LAD/RFC/rr/P283 co: Natty Hirai, City Clerk 86-•65F t 1 J-86-•S48 6/2a/86 RESOLUTION N0.8.C-52 `: A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT. FOR CITY COMMISSION APPROVAL AND FOR SUBMISSION TO THE ELECTORATE AT A SPECIAL ELECTION ON NOVM09R 4. 1986, A CHARTER AMENDMENT PROHIBITING TIE CITY COMMISSION'S FAVORABLE CONSIDERATION OF THE SALE OR LEASE OF CITY -OWNED REAL PROPERTY UNLESS (a) THERE SHALL HAVE BEEN, 90 DAYS PRIOR TO THE DATE OF SUCH CONSIDERATION. AN ADVERTISEMENT SOLICITING PROPOSALS FOR SAID SALE OR LEASE PUBLISHED IN A DAILY NEWSPAPER OF GENERAL PAID CIRCULATION IN THE CITY, 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 3 WRITTEN PROPOSALS RECEIVED FROM PROSPECTIVE PURCHASERS OR LESSEES; HOWEVER, IF THERE ARE LESS THAN 3 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 THE ELECTORATE AT A REFERENDUM. THE SALE OR LEASE MAY BE CONSUMMATED; FURTHER RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 86-337, ADOPTED MAY 7, 1986, WHICH CONCERNED THIS SUBJECT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is hereby instructed to draft. for City Commission approval and for submission to the electorate at a special election oa November 4. 1986, a Charter Amendment prohibiting the City Commission's favorable °-` consideration of the sale or lease of City -owned real property } unless Ca) there shall have been. 90 days prior to the date of such consideration, an advertisement soliciting proposals for said . sale or lease published in a daily newspaper of general paid oirculation in the City. said advertisement to be no less than 1/4 r 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 3 written proposals received from prospective purchasers or lessees; however. if there are less them 3 such proposals received, and the City Commission determines that the contemplated sale or lease of real 'property will be in the City's best interest, then, subject to the approval of the electorate at a referendum, the sale or g '• 4 lease may be consummated. COMMISSIOP ViEETING -� OF y Bfi-6Sf'� JUN 26 MOB P� Seotiaa 2. Resolution, No. 86-337, adopted May 7, 1986' ghiCh conois hereby rescinded is erned the herein subJeot matter its entirety. 1986. PASSED An ADOPTED this 26th _day of ltitt�' XAVIER L. AREZ MAYOR ATTES MAT BIRAI CITY CLEM PiSPARED AND APPROVED BY: RABERT F. CLARK CRIEF DEPUTY CITY ATTOPMEY 41AA. TO FORM AND CORRECTNESS: x O ERTY CITY ATTORNEY RFCtrr/ml54 5 • Bfi-6S�:�s �1 r .Y3 � CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members July 21, 1986 TO of the City Commission oATF PILE Charter Amendment No. 1-- ' Sale or Lease of City -owned rT<, Real Property ` FROM Lucia A. Dougherty AENrF-s Approval of Amendment Draft City Attorney Commission Agenda, 7/24/86, Item #34 The implementation of Resolution No. 86-525, adopted June 26, 1986, which has been distributed in your Agenda Paoket, may be accomplished by adoption of the attached resolution J-86-870, which incorporates the draft text of proposed Charter Amendment No. 1, including the language of the ballot question, and makes provision for the holding of the November 4th election This resolution does not contain the name(s) of the newspaper(s) in which the election notice is to be published; this designation should be made by you at the time you consider this Item at the Meeting. LAD/RFC/rr/P255 cc: Cesar H. Odic City Manager Natty Hirai City Clerk HG-ss61 CITY OF MIAM1, FLORIDA 311, INTER -OFFICE MEMORANDUM Honorable Mayor and Members duly 21, 1988 TO of the City Commission DATE FILE SUHJFCT Charter Amendment No. 1-- Sale or Lease of City -owned Real Property FROM Lucia A. Dougherty QF.FERENCES Approval of Amendment Draft City Attorney Commission Agenda, 7/24/88, n FN:._l OSURFS Item #34 � The implementation of Resolution No. 86-525, adopted June 28, 1986, which has been distributed in your Agenda Paeket, may be accomplished by adoption of the attached resolution J-86-870, which incorporates the draft text of proposed Charter Amendment No. 1, including the language of the ballot question, and makes provision for the holding of the November 4th election This resolution does not contain the name(s) of the newspaper(s) in which the election notice is to be published; this designation should be made by you at the time you consider this Item at the Meeting. LAD/RFC/rr/P255 cc: Cesar H. Odio City Manager Matty Hirai City Clerk HG-65F, CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members July 21, 1986 }' -D of the City Commission DATE FILE Charter Amendment No. 1-- SUBJECT I Sale or Lease of City -owned G Real Property FROM Lucia A. Dougherty REFERENCES Approval of Amendment Draft City Attorney Commission Agenda, 7/24/86, ENCLOSURES Item #34 The implementation of Resolution No. 86-525, adopted June 26, 1986, which has been distributed in your Agenda Packet, may be accomplished by adoption of the attached resolution J-86-670, which incorporates the draft text of proposed Charter Amendment a No. 1, including the language of the ballot question, and makes provision for the holding of the November 4th election This resolution does not contain the name(s) of the newspaper(s) in which the election notice is to be published; this designation should be made by you at the time you consider this Item at the Meeting. LAD/RFC/rr/P255 #-, ec: Cesar H. Odic w,j City Manager °- Matty Hirai City Clerk 4 - I 1 F + � 86_65C.- J-86-670 7/21/88 RESOLUTION NO. A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SUBSECTION (d) OF SECTION 29 OF THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 1, THEREBY PROHIBITING THE CITY COMMISSION'S FAVORABLE CONSIDERATION OF SALE OR LEASE OF_CITY- OWNED REAL PROPERTY UNLESS (a) THERE SHALL HAVE BEEN 90 DAYS PRIOR TO THE DATE OF CONSIDERATION BY THE CITY COMMISSION, AN ADVERTISEMENT SOLICITING PROPOSALS FOR SAID SALE OR LEASE PUBLISHED IN A DAILY NEWSPAPER OF GENERAL PAID CIRCULATION IN THE CITY, 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 3 WRITTEN PROPOSALS RECEIVED FROM PROSPECTIVE PURCHASERS OR LESSEES; HOWEVER, IF THERE ARE LESS THAN 3 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 OR LEASE MAY BE CONSUMMATED; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF NOVEMBER, 1986 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 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 48 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. 2' .1 WHEREAS, pursuant to Resolution No. 88-628, adopted dune 28, 1986, the City Attorney has drafted a proposed charter amendment; and WHEREAS, the City Attorney's draft of the proposed charter amendment is hereby approved in its final form as set forth in 86-65vt this resolution, said draft being submitted to the electors of ='2 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 4, 1986, 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. Section 1. The recitals and findings contained in the tY.:. Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2.a. Subsection (d) of Section 29, entitled "Contracts for personal property, public works or improvements, unified development projects, and real property; safeguards" of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, is hereby amended by adding language *, in the title of said Subsection, by renumbering the existing meµ: Subsection .(d) as Paragraph (i), and by adding a new Paragraph (ii) with the newly amended Subsection reading as follows:1 �A "(d) Sales and leases of real property! Prohibition. ijj Except as otherwise provided in this charter section, there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest. Any such sale, conveyance, or disposition shall be conditioned upon compliance with: the provisions of this section; such procurement methods as may be prescribed by ordinance; and any restrictions that may be imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the transferee 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions are now in effeot and remain unchanged. of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure: the city manager, the director of the off-street parking authority, or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two- thirds of the commission after a properly advertised public hearing. When the requirement of sale, conveyance, or disposition to the highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. .� = YY �•TT=i�Ti[�a, _ • • , : YY . �iTti•�'�M�-�•i�,"i� - - [*Je)qJzJbIII:,. b. The charter amendment proposed in this section shall be known as Charter Amendment No. 1. Section 3. A special munioipal election is hereby oalled and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 4, 1988, 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. I. ,g6-651. -3- 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. 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 F u;. 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 tr 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, offioial registration cards, books, records and certificates of the City of Miami. Section 8. In oomplianoe 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 followingt 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: 86-65 . -4- s_ "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986 a: IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 86- A special referendum election will be held on Tuesday, November 4, 1988, 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 require approval of a majority of votes oast by the electorate at a referendum before the sale or lease of city -owned real property unless the City has received not less than 3 written proposals for such sale or lease after a newspaper advertisement soliciting such proposals has been published allowing not less than 90 days for the City's receipt of proposals from prospective purchasers or lessees? Charter Amendment No. 1 prohibits the City Commission's favorable consideration of the sale or lease of City -owned real property without approval of a majority of the votes oast by the electorate at a referendum unless the City has received a minimum of 3 written proposals for such sale or lease after a newspaper advertisement soliciting such proposals has been published allowing not less than 90 days for the City's receipt of written proposals from prospective purchasers or lessees. By order of the Commission of the City of Miami, Florida. CITY CLERK (Insert list of City of Miami Polling Plaoes.)" 86--65F- ti E�. 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 4, 1986 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: CHARTER AMENDMENT REQUIRING REFERENDUM FOR DISPOSITION OF CITY LAND IF LESS THAN THREE PROPOSALS RECEIVED "Shall Charter Amendment No. 1 be adopted to require approval of a majority of votes oast by the electorate at a referendum before YES the sale or lease of City -owned real property unless the City has received three written proposals for such sale or lease after a N_O newspaper advertisement solioiting proposals has been published allowing not less than 90 days for the City's reoeipt of proposals from prospective purchasers or lessees?" Seotion 7. 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. 86-6SF, Section S. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 8 above for the use of absent electors entitled to cast such ballots in said election. t, Section 9. All qualified electors of said City shall be i. 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 5'. of the Office of said Supervisor of Elections and duly certify r . 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 4, 1986, 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 resident from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 .F. ~r P.M. at the Metropolitan Dade County Election Department located at 111,Northwest 1 Street. Miami, Florida. In addition to the above place and times, qualified persons mays 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 transaotions 8s-659 -7- 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 day of ATTEST: MATTY HIRAI. CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED S TO FORM AND CORRECTNESS: L CI A. DOIIGHER CITY ATTORNEY RFC/rr/M189 XAVIER L. SUAREZ, MAYOR 86-6 \ .A 1986.