HomeMy WebLinkAboutCity Attorney-Memo Substituting LegislationCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor anmbers of the City Commission
N
FROM: Victoria Mende Ci j"Attorney .-ti
DATE: July 22, 2016 _.
RE: July 29, 2016 City Commission Meeting Agenda — RE.13 — Re lution
directing the City Attorney to prepare an amendment to the Charter of ` lie
City of Miami, Florida regarding the lease of City of Miami owned property
to the Dade Heritage Trust.
File ID No. 16-01009
The attached Legislation shall substitute the Legislation included as RE.13 of the July 29,
2016 City Commission Agenda directing the City Attorney to prepare an amendment to
the Charter of the City of Miami, Florida regarding the lease of City of Miami owned
property to the Dade Heritage Trust.
The revised Legislation substitutes "General Election" with "Special Election" and
deletes a reference to a referendum.
If RE.13 passes as amended, the related legislation, RE.14, will be amended on the floor
accordingly.
cc. Daniel J. Alfonso, City Manager
Anna Medina, Agenda Coordinator
VM/BLM/RJJ/vj a
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City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01009 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE
SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, PROPOSING, UPON
APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER
ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO
AUTHORIZE THE CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, TO WAIVE COMPETITIVE BIDDING AND EXECUTE A LEASE WITH DADE
HERITAGE TRUST, INC. FOR THE CITY -OWNED BUILDING LOCATED AT 190
SOUTHEAST 12TH TERRACE, MIAMI, FLORIDA FOR ATERM OF THIRTY (30)
YEARS, WITH TWO (2) THIRTY (30) YEAR RENEWALS, FOR ANNUAL MINIMUM
RENT OF $600.00 WITH CONSUMER PRICE INDEX ADJUSTMENTS, WITH
RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER
RIGHTS.
WHEREAS, in 1972, the Dade Heritage Trust, Inc. ("DHT"), a not -for -profit corporation
authorized by the State of Florida and under Section 501(c)(3) of United States Internal Revenue Code
and nationally recognized by the National Trust for Historic Preservation, began its first preservation
effort in Miami -Dade County with the City of Miami ("City") to acquire, restore and preserve the original
1905 Office of Dr. James Jackson ("Dr. Jackson's Office") now located at 190 Southeast 12th Terrace,
Miami, Florida, which is part of the City's Parks and Recreation Department facilities; and
WHEREAS, currently, the City and DHT have a Revocable License for the use of Dr. Jackson's
Office by DHT; and
WHEREAS, in order to assist the City with the continued restoration and preservation of the
building and improvements (collectively, "Building") at Dr. Jackson's Office and in order to continue to
provide the community with educational, cultural, visitor, historic preservation, and other appropriate
recreational services, the City and DHT desire to enter into a thirty (30) year lease of the Building with
two (2) thirty (30) year renewals, with a minimum annual rent of $600.00, with Consumer Price Index
adjustments and with certain restrictions and reversions on uses of the Building by DHT, and retention
by the City of all other rights related to the Building, the land, and otherwise; and
WHEREAS, currently, under the Charter of the City of Miami, as amended ("Charter"), Section
29-B entitled "City -owned property sale or lease - generally" would not permit the City to execute a
long-term lease, with renewals, of Dr. Jackson's Office to DHT for the proposed rent and terms; and
WHEREAS, Section 2-112 of the Code of the City of Miami, as amended, requires the City
Commission to adopt a resolution directing the City Attorney to prepare a Charter amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Cite of Miami
Page 1 of 2 File Id: 16-01009 (Version: 2) Printed On: 7/21/2016
File Number: 16-01009
Section 1. The City Attorney is directed to prepare an amendment to the Charter of the City of
Miami, Florida, as amended ("Charter"), for consideration at the Special Election to be held on
November 8, 2016, proposing, upon approval of the electorate, to amend Section 29-B of the Charter
to authorize the City Commission by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding
and execute a lease with Dade Heritage Trust, Inc. for the City -owned Building located at 190
Southeast 12th Terrace, for a term of thirty (30) years, with two (2) thirty (30) year renewals, for annual
minimum rent of $600.00 with Consumer Price Index adjustments, with restrictions, reversions, and
retention by the City of all other rights.
Section 2. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
-: :
VICTORIA MENDEZ
CITY ATTORNEY
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 2 of 2 File Id: 16-01009 (Version: 2) Printed On: 7/21/2016