HomeMy WebLinkAboutMemo - Scrivener's Error'CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd Hannon, City Clerk
FROM: Julie O. Brity Attorney4t•4
DATE: September 6, 2013
RE: Scrivener's Error- City Commission Meeting, July 25, 2013
Resolution No. 13-0305, Calling for a referendum Special Election regarding
proposed lease of city -owned waterfront and submerged lands in Coconut
Grove
File No. 13-00836
Resolution No. 13-0305, adopted July 25, 2013, contains scrivener's errors on page 4.
The correct title for the ballot question should be "Proposed lease of city -owned
waterfront and submerged lands in Coconut Grove." The resolution reads "Authorizing lease at
City -owned property, 3385 Pan American Drive, 3351 & 3377 Charthouse Drive, Miami, Florida
33133." The City Attorney's Office has already made the change to the resolution.
Also on page 4, under the line to vote "NO", it should read "Against the Measure" rather
than "For the Measure." The City Attorney's Office has already made the change to the
resolution.
13- D0g.36- river1er 5 Error memo
City of Miami
Legislation
Resolution: R-13-0305
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00836
Final Action Date: 7/25/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CALLING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON
NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY OF MIAMI, FOR THEIR APPROVAL OR DISAPPROVAL
THE FOLLOWING REFERENDUM BALLOT QUESTION, "SHALL THE CITY BE
AUTHORIZED TO LEASE APPROXIMATELY 7 ACRES OF WATERFRONT AND
SUBMERGED LANDS IN COCONUT GROVE TO GROVE BAY INVESTMENT
GROUP, LLC, PROVIDING FOR 1) A MINIMUM OF $1.4 MILLION IN
GUARANTEED ANNUAL RENT AND 2) APPROXIMATELY $17.9 MILLION OF
PRIVATELY FUNDED IMPROVEMENTS TO REDEVELOP AN EXISTING MARINA
AND PUBLIC BAYWALK, CONSTRUCT RESTAURANTS AND, PARTIALLY FUND A
PUBLIC PARKING GARAGE, FOR A 50 YEAR TERM WITH TWO 15 YEAR
RENEWAL OPTIONS?"; 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 THIS
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 REFERENDUM SPECIAL ELECTION.
WHEREAS, the City of Miami ("City") owns a property located at 3385 Pan American Drive,
3351 and 3377 Charthouse Drive, Miami, Florida 33133 ("Property"); and
WHEREAS, the City issued Request for Proposals #12-13-001 ("RFP") on January 11, 2013 to
solicit an integrated package of planning, design, construction, leasing and management services from
the private sector to operate the Property; and
WHEREAS, two (2) proposals were initially received and deemed responsive in accordance
with the RFP's terms and conditions; and
WHEREAS, one of the proposers withdrew their proposal due to unforeseen circumstances;
and
WHEREAS, pursuant to the RFP, the City Manager constituted a Technical Review Committee
and a Financial Review Committee, each consisting of three (3) members, to review proposals for
purposes of feasibility related to planning and zoning restrictions and financial capabilities respectively
and reported their findings to the Selection Committee; and
WHEREAS, pursuant to the RFP, the City Manager duly appointed five (5) members to the
Selection Committee, to evaluate proposals received in response to the RFP; and
WHEREAS, the Selection Committee met on June 4, 2013 to hear the oral presentations of the
City of Miami
Page 1 of 5 File Id: 13-00836 (Version: 3) Printed On: 9/6/2013
File Number: 13-00836 Enactment Number: R-13-0305
two (2) proposals; and
WHEREAS, the Selection Committee then met on June 26, 2013 to: (i) evaluate proposals; (ii)
consider the minimum threshold standards; (iii) evaluate criteria and scoring values assigned; and (iv)
determine a rank order based on the score achieved and render a written report to the City Manager of
its findings; and
WHEREAS, based on the RFP's requirements, the Selection Committee recommended that
the City Manager negotiate and execute a Lease ("Lease") with Grove Bay Investments Group, LLC;
and
WHEREAS, the City Manager approved the recommendation of the Selection Committee; and
WHEREAS, the City Commission has determined that the contemplated Lease will be in the
City's best interest;
NOW, .THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. In accordance with the provisions of Section 29-B of the Charter of the City of
Miami, Florida and Section 2-12 of the Code of the City of Miami, Florida, as amended, a referendum
special 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 5, 2013, for the purpose of submitting to the qualified electors
of the City of Miami for their approval or disapproval the proposed lease of the Property as set forth in
Ballot Question No. 13.
Section 3. The referendum 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 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 election
precincts wholly or partly within the City of Miami, and which the City of Miami is hereby adopting and
desires to use for holding such referendum 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 hereby 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 (2012), 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 referendum special municipal 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:
City of Miami Page 2 of 5 File Id: 13-00836 (Version: 3) Printed On: 9/6/2013
File Number: 13-00836 Enactment Number: R-13-0305
"NOTICE OF REFERENDUM SPECIAL ELECTION
TO BE HELD ON
TUESDAY, NOVEMBER 5, 2013
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. 13-
A referendum Special Election will be held on Tuesday, November 5, 2013 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 Miami -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 the City be authorized to lease approximately 7 acres of waterfront and submerged lands in
Coconut Grove to Grove Bay Investment Group, LLC, providing for 1) a minimum of $1.4 million in
guaranteed annual rent and 2) approximately $17.9 million of privately funded improvements to
redevelop an existing marina and public baywalk, construct restaurants and, partially fund a public
parking garage for a 50 year term with two 15 year renewal options?"
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 referendum 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
REFERENDUM SPECIAL ELECTION
TUESDAY, NOVEMBER 5, 2013
FOR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING QUESTION:
City of Miami Page 3 of 5 File Id: 13-00836 (Version: 3) Printed On: 9/6/2013
File Number 13-00836 Enactment Number: R-13-0305
Proposed lease of city -owned waterfront and
submerged lands in Coconut Grove
YES
(For the Measure)
NO
(Against the Measure)
"Shall the City be authorized to lease
approximately 7 acres of waterfront and
submerged lands in Coconut Grove to Grove Bay
Investment Group, LLC, providing for 1) a
minimum of $1.4 million in guaranteed annual rent
and 2) approximately $17.9 million of privately
funded improvements to redevelop an existing
marina and public baywalk, construct restaurants
and, partially fund a public parking garage for a 50
year term with two 15 year renewal options?"
Section 6. The form of the ballot shall be in accordance with the requirements of general
election laws. Electors desiring to vote to approve the Question described above, shall be instructed
to mark in the appropriate place next to the word "YES" within the ballot containing the statement
relating to the Question. Electors desiring to vote to disapprove the Question described above, shall
be instructed to mark in the appropriate place next to the word "NO" within the ballot containing the
statement relating to the Question.
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
referendum Special Election.
Section 8. All qualified electors of said City shall be permitted to vote in said referendum
Special Election and the Supervisor of Elections of Miami -Dade County, Florida, 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 9. For the purpose of enabling persons to register who are qualified to vote in said
referendum special election to be held on November 5, 2013, 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 2700 Northwest 87th Avenue, Doral, Florida, within such period of time as may
be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above
place and times, qualified persons may register at such branch offices and may also use any mobile
City of Miami Page 4 of 5 File Id: 13-00836 (Version: 3) Printed On: 9/6/2013
File Number 13-00836 Enactment Number: R-13-0305
registration van for the purpose of registration in order to vote in the herein described referendum
special election during such times and on such dates as may be designated by the Supervisor of
Elections of Miami -Dade County, Florida.
Section 10. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly
appointed successor, is hereby 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, in relation to matters pertaining to the use of the registration books and
the holding of said referendum 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 Tess than forty-five days prior to the date of the herein
referendum Special Election.
Section 12. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
•
7.--fRAav),6--f
JULIE O. B
CITY ATTORNEY
Footnotes:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 5 of 5 File Id: 13-00836 (Version: 3) Printed On: 9/6/2013