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HomeMy WebLinkAboutResolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00763a Final Action Date: 7/26/2012 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _; TO REMOVE THE EXEMPTION FROM THE REQUIREMENTS OF COMPETITIVE BIDDING, FAIR RETURN OR REFERENDUM WHEN CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Charter of the City of Miami, Florida, as amended, is proposed to be amended in the following particulars:{1} "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 29-B. City -owned property sale or lease -Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned property 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 ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth (1/4) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) except as provided below, there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose City of Miami Page 1 of 6 File Id: 12-00763a (Version: 3) Printed On: 10/8/2024 File Number: 12-00763a acceptance is being considered is equal to fair market value 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. In the case of city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city -owned property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city commission, by a 4/5ths affirmative vote, may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. The above provisions and any other city requirements for competitive bidding shall not apply when: conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission; conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; conveying property to implement projects of any governmental agency or instrumentality; Sec. 29-C. - Same -Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance, lease or management agreement may be entered into for the management, occupancy or use of the area known as Watson Island for periods greater than one year unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or management agreement, published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth 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 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall affect 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. The city commission, by a 4/5ths affirmative vote, may authorize issuance of a license or concession agreement for a period not exceeding one (1) year, without the necessity of a referendum, for the use of Watson Island. *************„ The Charter Amendment proposed in this Section shall be known as Charter Amendment No. City of Miami Page 2 of 6 File Id: 12-00763a (Version: 3) Printed On: 10/8/2024 File Number: 12-00763a Section 2.In accordance with the provisions of the City Charter, as amended and §6.03 of the Miami -Dade County Home Rule Charter, a Special Election is 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 6, 2012, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. Section 3.The Special 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 Miami -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 Special Election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to special election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Special Election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section 4. In compliance with Section 100.342, Florida Statutes, the City Clerk is 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 Election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. XXX A Special Election will be held on Tuesday, November 6, 2012 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several special election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall the Miami Charter be changed to remove the exemptions that allow the City Commission to convey or lease city -owned property to implement projects of any governmental agency or instrumentality without complying with the requirements of competitive bidding, fair return or referendum?" City of Miami Page 3 of 6 File Id: 12-00763a (Version: 3) Printed On: 10/8/2024 File Number: 12-00763a The Miami Charter presently allows the City Commission to convey city -owned property to implement projects of a governmental agency or instrumentality without complying with the requirements of competitive bidding, fair return or referendum. Charter Amendment No. will remove such exemption thereby requiring the City Commission to comply with such requirements when conveying city -owned property to implement projects of governmental agencies or instrumentalities. By order of the Commission of the City of Miami, Florida. City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) YES (For the Measure) NO (Against the Measure) Section 5. The official ballot to be used at said Municipal Special 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, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT SPECIAL ELECTION TUESDAY, NOVEMBER 6, 2012 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment removing exemption for conveyances of City -owned property related to governmental projects. (For the Measure) YES "Shall the Miami Charter be changed to remove the exemptions that allow the City Commission to convey or lease city -owned property to implement projects of any governmental agency or instrumentality City of Miami Page 4 of 6 File Id: 12-00763a (Version: 3) Printed On: 10/8/2024 File Number: 12-00763a NO (For the Measure) without complying with the requirements of competitive bidding, fair return or referendum?" Section 6. Electors desiring to vote in approval of the Question described above, shall be instructed to vote their selection next to the word "YES" within the ballot frame containing the statement relating to the Question. Electors desiring to vote to disapprove the Question, shall be instructed to vote their selection next to the word "NO" within the ballot frame containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. Section 7. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 5 above for the use of absentee electors entitled to cast such ballots in said Special election. Section 8. All qualified electors of said City shall be permitted to vote in said Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is requested, authorized, and directed to furnish, at 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 special election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said Special Election to be held on November 6, 2012, 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 residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 111 Northwest 1st Street, Miami, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami - Dade County, Florida. Section 10. Priscilla A. Thompson, the City Clerk of the City of Miami, Florida, is designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, related to matters pertaining to the use of the registration books and the holding of said Special Election. Section 11. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the date of the Municipal Special Election. Section 12. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 5 of 6 File Id: 12-00763a (Version: 3) Printed On: 10/8/2024 File Number: 12-00763a Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 6 of 6 File Id: 12-00763a (Version: 3) Printed On: 10/8/2024