HomeMy WebLinkAboutR-79-0563A •RESOLUTION SETTIN•G FORTH APROPOSED CHARTER. AMENDMENT,
KNOWN AS -CHARTER AMENDMENT NO."1 AMENDING SECTION'3(f)
OF THE CHARTER OF THE CITY.OF:MIAMI, TO.,PROVIDE FOR A `.
PROHIBITION UPON THE LEASING OF OR; THE MAKING OF MANAGE-
MENT.CONTRACTS FOR ANY CITY ATERFRONT PROPERTY WITH
PRIVATE FIRMS.OR PERSONS, WITH THE EXCEPTION OF (1),THE-
CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT
IINTER
NATIONAL CENTER AND.,HOTEL FACILITY,' INCLUDING ALL'
•MENTSTHEREON,.: (2) ANY PROJECT, THE FINANCING OF WHICH
HP..S BEEN PROVIDED BY THE AUTHORIZATIONOF BONDS TO BE
ISSUED BY THE CITY OF MIAMI, WHICH LEASES AND CONTRACTS
WOULD- PREVENT REASONABLE PUBLIC ACCESS TO. THE WATER OR
WHICH WOULD.PREVENT PUBLIC USE` OF .SUCH WATERFRONT PROPERTY, OR
WHICH. WOULD NOT RESULT IN,'A.FAIR RETURN TO - ,THE CITY BASED
ON TWO INDEPENDENT APPRAISALS, OR WHICH WOULD PERMIT USE
OF SUCH PROPERTY NOT AUTHORIZEDUNDER THE THEN,EXISTING
MASTER PLAN.OF"'THE ��CITY 'OF;,MIAMI,,OR WHICH LEASCONTRACT
CONTRACT
WAS NOT SUBJECT TO. COMPETITIVE BID OR COMPETITIVE NEGOTI
ATIONS; SAID CHARTER AMENDMENT ALSO'i.PROHIBITING EXTENSION
OR MODIFICATION, OF ANY_ EXISTING SUCH R
LEASE O.MANAGEMENT-=
AGREEMENT WHICH DOES NOT COMPLY .W,ITH--EACH' OF; -THE ;ABOVE
REQUIREMENTS ,_°_UNLESS SUCH PROPOSED -EXTENSION OR MODIF.ICA
TION- !HAS FIRST BEENAPPROVED BY,A MAJORITY OF THE VOTERS
OF THE CITY OF MIAMI.
CITY COMMISSION
MEETING OF
JUL24i91956
.............................
77:-36
in
en
cr.
WHEREAS, the following amendment to the Charter is proposed
P
order to insure that contracts or leases affecting public land
economic
tered into with private firms orpersons meet acceptable
iteria and are in the public interest;
NOW,
THEREFORE, BE'IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI,,FLORIDA.
Section . The City Commission of the Cityof Miami hereby
submits the � 1
following proposed charter amendment' for submission to
Miami at the special municipal election
effective upon its approval by
the electors of `the -Cit
of September 18, 1979,
the
electors
Special Acts,
in the
o become
CHARTER AMENDMENT NO.
Section 3(f) of the City
of Miami Charter, Chapter 10847,
Laws of Florida,
1925, as amended, ishereby amended
followin3 particulars:
"Section:3..
powers
The City of Miami shall have power:`
* : * * * * * * * * * it * * *
(f) ACQLITRE AND DISPOSE OF PROPERTY. -
uire by;purchase, gift,. devise, .,condem-.
O To a aq real or, personal, or any
nation or otherwise, property
estate or interest therein, within or without the city
of the purposes of the city, and to improve,
sell,
anlll,anyease, mortgage, pledge or otherwise dispose of
the, same or any part thereof.
(ii) An thin in this Charter or the ordinances of
the Cit
thea Cit ofeaiemtotorthe
contractar withotrivateafirms,or •ersons
shall not lease of the Cit 's
for the commercial use or mana underement termsoandnconditions which
waterfront ro ert : (a)
prevent reasonable •ublic access to the which does noteresultor uinia fair
use of such •ro•ert ; or (b)
two Master
(c) return to then Cit borizednunderindethe•endethennexistiniGa stet
(c) for use not authorized without com etitive
Plan of the Cit of Miami; or (d)
bid
eablhdinlrsin accordance e
dures
established b the poidaProfessionalCom.etitiveNegotia-
tions Act.
011.
Words and/orfigures stricken through shall be deleted. ender
scored words and/or figures constitute the amendment p P
Rema
ining are now in effect ad ndmremainlunchanged..
Asterisks indicated ��omitted -and un
79-563
a
wny such lease or managemtnr, agrees .:t or proposed
extension or modifica on of an existing such
hlease
h ofr
management a reementwhich does not compl
the above requirements, shall not be valid unless it has
first been approved by a majority of the voters of the
City of Miami.
Nothing herein contained shall in any manner affect
or apply to:' (1) the City .of Miami/University of Miami
James L.,Knight International Center and hotel facility,
including all improvements thereon; (2) any project, the
financing=of-which -hasbeen provided by the authorization
of bonds to be issued by the City of Miami.
Section 2. The proper City Officials are hereby instructed
and directed to take the actions' necessary for the submission of this
Charter Amendment No. 1" "to the electors of the City of
Placing it on the ballot as "CHARTER AMENDMENT NO
"Proposed
Miami by
substantially the following form:;
1" in
"Shall ,Section 3(f) of: -the. Charter .of the City
of Miami be amended, by prohibiting the leasing for,,commer-
'cial use oft' or making'of management contracts, for,, any .
City.' waterfront property,'with the exception of (1) the
City of Mialni/uniVersitY of-'Miami.'James L.-Knight Inter--
national;Center.and hotel yfaciy, including all -improve-
ments 'thereon;', and (2),-any, _project, the financing of °which
has been provided`by the authorization ofbonds to be,
issued by the City.of"Miami, which leases or contracts
would prevent reasonable public` access, to the. water or
which would Prevent Public use of such waterfront property, or
which would not:result'in a fair..return'to the City based,
on two independent appraisals, `or-which:'wruld permit use of
suchy , propertnot'authorized under the then -existing.` Master
-Plan .of the City- of,Mi.ami, or which` lease or contract was:_
not- subject to cotnpetitive bid.; or competitive negotiations
said, Charter amendment also prohibiting ;extension .or-modi-
ficationof any, existing such lease or management agreement
which.does'�not comply with each ofthe above requirements,
Unless- such' proposed extension or modifica-tion has ,f first.
been. approved by, `a'majority of the voters of, the: City of
Miami."
RALPH
PREPARED
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
PREPARE ND APPROVED BY:
GEORGE F
CITY AT
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
9.563`
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