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Home My WebLink AboutR-79-0503RFC/bbb 7/20/79 that RESOLUTION NO. 79-503' A RESOLUTION INSTRUCTING, THE' 'CITY, -ATTORNEY' TO DRAFT A- PROPOSED.CHARTER'AMENDMENT AMENDING SECTION 3(f) OF THE`CHARTER OF THE CITY OF MIAMI BY PRO -, THE LEASING FOR 'COMMERCIAL USE,OF:, OR MAKING OF MANAGEMENT.CONTRACTS FOR, ANY CITY WATERFRONT PROPERTY WHICH WOULD "PREVENT, PUBLIG.-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 APPRIASAL5; OR ,WHICH 'WOULD, PERMIT USE: OF -SUCH PROPERTY .NOT AUTHORIZED UNDER THE -THEN 'EXISTING MASTER PLAN OF THE`CITY. OF' MIAMI UNLESS.SUCH LEASE OR CONTRACT BE,5UBJECT;TO COMPETITIVE BIDS OR COMPETITIVE NEGOTIATIONS; -•SAID CHARTER 'AMENDMENT ALSO PROHIB._ITING EXTENSION OR MODIFICATION �OF.-ANY EXISTING SUCH"LE•ASE" OR MANAG• MEENT AGREEMENT WHICH -DOES.,.-NOT-COMPLY"WITH EACH ,OF THE ABOVE. REQUIREMENTS,•;UNLESS SUCH PROPOSED EXTENSION;'. OR MODIFICATION HAS FIRST BEEN APPROVED BY A MAJORITY OF THE VOTERS; 'SAID PROPOSED: AMENDMENT TO BE PLACED UPON THE,. BALLOT ;AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SEPTEMBER,18, 1979, WHICH IS THE DATE DADE.":COUNTY ELECTION BEING, -HELD AT NO EXPENSE,TO THE CITY OF MIAMI;;SAID=PROPOSED; AMENDMENT PROHIBITIONS NOT BEING:APPLICABLE.TO'OR,;AFFECTING ,IN ANY MANNER 'THE CITY OF.MIAMI/UNIVERSITY OF MIAMI JAME5 L.-KNIGHT INTER NATIONAL CENTER'AND HOTEL FACILITY,•INCLUDING ALL IMPROVEMENTS THEREON. • WHEREAS, Section 5.03 f the Dade County Charter provides city's governing body shall Charter. amendment, making copies electors draft or have drafted a the proposal available roposed not less than 30 days before the election upon said Charter amendment; CITY NOW, THEREFORE, BE IT RESOLVED BY THE OF MIAMI, FLORIDA: Section 1; The City a proposed of the City of ,' or Charter the c0 'D6SC i' E°i ITTHfNDEX ITEM N0. Attorney is hereby instructed to draft amendment amending Section 3(f) of the Charter f Miami by prohibiting the making o property leasing for commercial use management contracts for, any City waterfron which would prevent public access to the water or which, would prevent not appr ized public use o such waterfront property;, or which would result in a fair return to the City based on two independent aisals, or which would permit use of. such property under the then existing:Master Plan of the not author -,- City of Miami CITY COMMISSION MEETING OF JUL' 01919 WORM7 MR- 9 - 5 013 yr ..yIV.w.Joisr.MM..w•••r 111 IIUL - -- unless such lease or, contract, be subject to comp etitive ` bids or competitive negotiations; said Charter amendment alsoPro- hibiting extension or modification of any existing such lease or management agreement which does not comply with each ofthe above requirements, unless such proposed extension" .tionhas first been approved by a majority, of the voters of City of Miami. Section 2". The herein proposed Charter amendment is t upon the ballot as a special municipal election to""be placed held" on September 18, election being held "al the 1979, which is the date of a Dade County no expense-1 the City Miami. Section 3 The herein amendment prohibitions shall not apply to or affect in any manner the City of"Miami/Univers Miami James L. Knight International Center and be ity of ,hotel facility, including all improvements thereon. PASSED AND ADOPTED THIS 20 " day of JULY ST: RALPH PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY VED AS TO FORM AND CORR NESS PP AZ1N AildillIND ,r di GE E ONGIE-,`'CITY CLERK KNO ,'JR., CIT ATTORNEY or modi£ica- Maurice A. Ferre MAURICE A. FERRE MAYOR 1979. 9- 5i 4. • In order to insure that contracts or leases affecting public land entered into with private firms or persons meet acceptable economic criteria and are in the public interest, the following adaptation to the Charter is proposed: Effective immediately upon its adoption by a majority of the electors voting on this proposed amendment, the Charter of the City of Miami shall be amended as follows: Anything in this Charter or the ordinances of the City of Miami to the contrary notwithstanding, the City shall not lease to or contract with private firms or persons for the commercial use or management of any if the City's waterfront property: a) under terms and conditions which picvent public access to the water or public use of such property; or b) which does not result in a fair return to the City based on two independent appraisals; or c) for use not authorized under the then approved Master Plan of the City of Miami; or d) without competitive bid or competitive negotiations in accordance with procedures established by the Florida Professional Competitive Negotiations Act. Any such lease or management agreement or proposed extension or modification of an existing such lease or management agreement which does not comply with each of the above requirements, shall not be valid unless it has first been approved by a majority of the voters of the City of Miami. • • Effective immediately upon its adoption by a majority of the electors voting on this proposed amendment the Charter of the City of Miami shall be amended as follows: In order to preserve the City's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the City to the contrary notwithstanding neither the City nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5 Street bridge which are not set back at least 50 ft. from the sea wall (except that where the depth of the lot is less than 200 ft. the set back shall be at least 25% of the lot depth) or which do not hzve average side set backs equal in the aggregate to at least 25% of the •jr.terfrontage of each lot or tract unless through design, site lan review, direct public access, public walkways and plaza dedications other comparable benefits to create a better urban environment and pic advantages which after a public hearing thereon, would justify modifying or deviating from sue set backs. Wherever set back requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. These requirements shall not apply to docks and appurtenance structures, single family residences and appurtenance structures, and industrial uses along the Miami River and at the Port of Miami. • O. IA. • to the. Center JUL R' 1919 . • CGL' :SS:3NEfl ROSE: GORDON., • piD6 CB 1:11Wtil Nothing herein contained shall in City of Miami/University of Miami and hotel facility, including all any manner affect or apply James L. Knight International" improvements thereon. •