Loading...
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