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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney Qeorge'x. wyson -rrr DATE: July 17, 2025 RE: Substitution - RE.18 on the July 24, 2025, City Commission Meeting: Direct the City Attorney to draft Charter Amendment - Section 29-B File No.: 17910 Item RE.18 on the July 24, 2025, City Commission Meeting Agenda proposes to direct the City Attorney to prepare an amendment to the Charter, for consideration at the Special Election to be held on November 4, 2025, proposing, upon approval of the electorate, to amend Section 29-B of the Charter to authorize the City Commission to approve the sale or lease of City -owned non -waterfront property by a four -fifths affirmative vote if fewer than three (3) proposals are received following public notice soliciting proposals, provided all other safeguards, including fair market value and voter approval for waterfront property, remain in effect. The Legislation is being substituted to remove obsolete language. Attached is the substituted Legislation. cc. Arthur Noriega V, City Manager Marie Gouin, Director, Office of Management & Budget Miriam Santana, Agenda Coordinator I4/9 1 0 Stip,s-k-kii-icyl fneietAff CAlkl 4[1-0(42,t4 City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17910 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 NO9M13,R 4, 2025, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO4MEND SECTION 29-B OF THE CHARTER, TITLED "CITY -OWNED PROPER`' SQb_E OR LEASE —GENERALLY," TO AUTHORIZE THE CITY COMMISSION'TO APPROVE THE SALE OR LEASE OF CITY -OWNED NON -WATERFRONT PROPERTY BY A FOUR -FIFTHS AFFIRMATIVE VOTE IF FEWER THAN THREE PROPOSALS ARE RECEIVED FOLLOWING PUBLIC NOTICE SOLICITING PROPOSALS, PROVIDED ALL OTHER SAFEGUARDS, INCLUDING FAIR MARKET VALUE AND VOTER APPROVAL FOR WATERFRONT PROPERTY, REMAIN IN EFFECT. WHEREAS, the City of Miami ("City") owns various parcels of real property, the sale or lease of which is governed by the Charter of the City of Miami, Florida, as amended ("Charter"); and WHEREAS, Section 29-B of the Charter currently requires public notice soliciting proposals for the sale or lease of City -owned property and, among other provisions, mandates that "there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are Tess than three (3) such proposals received and if the guaranteed return under the proposal whose 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;" and WHEREAS, Section 29-B of the Charter further creates an exception to the above - referenced referendum requirement when the subject land to be sold or leased is non -waterfront and valued at five hundred thousand dollars ($500,000.00) or Tess; and WHEREAS, the City Commission finds that incorporating clarifying revisions and modifying the requirement to receive at least three (3) proposals for the sale or lease of non - waterfront property is in the City's best interest, provided that such sale or lease is approved by a four -fifths (4/5ths) vote of the Commission, and all other safeguards set forth in Section 29-B remain in effect, including public advertisement, open solicitation of proposals, and the requirement to obtain fair market value; and WHEREAS, the City Commission finds that the recommended revisions will promote the efficient, transparent, and fiscally responsible management and disposition of City -owned non - waterfront property, particularly in instances where market interest is limited; City of Miami Page 1 of 2 File ID: 17910 (Revision:) Printed On: 7/17/2025 1-71 File ID: 17910 Enactment Number: WHEREAS, the City Commission wishes to submit the proposed amendment of the Charter to the electorate for approval or disapproval at the Referendum Special Election scheduled for November 4, 2025; 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 if fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to the Charter, for consideration at the Special Election to be held on November 4, 2025, proposing, upon approval of the electorate, to amend Section 29-B of the Charter to authorize the City Commission to approve the sale or lease of City -owned non -waterfront property by a four -fifths affirmative vote if fewer than three (3) proposals are received following public notice soliciting proposals, provided all other safeguards, including fair market value and voter approval for waterfront property, remain in effect. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ha C,r� 'v re co City of Miami Page 2 of 2 File ID: 17910 (Revision:) Printed on: 7/17/2025 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17910 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 CONCURRENTLY WITH THE GENERAL ELECTION ON NOVEMBER 4, 2025, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE —GENERALLY," TO AUTHORIZE THE CITY COMMISSION TO APPROVE THE SALE OR LEASE OF CITY -OWNED NON - WATERFRONT PROPERTY BY A FOUR -FIFTHS AFFIRMATIVE VOTE IF FEWER THAN THREE PROPOSALS ARE RECEIVED FOLLOWING PUBLIC NOTICE SOLICITING PROPOSALS, PROVIDED ALL OTHER SAFEGUARDS, INCLUDING FAIR MARKET VALUE AND VOTER APPROVAL FOR WATERFRONT PROPERTY, REMAIN IN EFFECT. WHEREAS, the City of Miami ("City") owns various parcels of real property, the sale or lease of which is governed by the Charter of the City of Miami, Florida, as amended ("Charter"); and WHEREAS, Section 29-B of the Charter currently requires public notice soliciting proposals for the sale or lease of City -owned property and, among other provisions, mandates that "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 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;" and WHEREAS, Section 29-B of the Charter further creates an exception to the above - referenced referendum requirement when the subject land to be sold or leased is non -waterfront and valued at five hundred thousand dollars ($500,000.00) or Tess; and WHEREAS, the City Commission finds that incorporating clarifying revisions and modifying the requirement to receive at least three (3) proposals for the sale or lease of non - waterfront property is in the City's best interest, provided that such sale or lease is approved by a four -fifths (4/5ths) vote of the Commission, and all other safeguards set forth in Section 29-B remain in effect, including public advertisement, open solicitation of proposals, and the requirement to obtain fair market value; and WHEREAS, the City Commission finds that the recommended revisions will promote the efficient, transparent, and fiscally responsible management and disposition of City -owned non - waterfront property, particularly in instances where market interest is limited; WHEREAS, the City Commission wishes to submit the proposed amendment of the Charter to the electorate for approval or disapproval at the Referendum Special Election scheduled for November 4, 2025; 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 if fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to the Charter, for consideration at the Special Election to be held concurrently with the General Election on November 4, 2025, proposing, upon approval of the electorate, to amend Section 29-B of the Charter to authorize the City Commission to approve the sale or lease of City -owned non - waterfront property by a four -fifths affirmative vote if fewer than three (3) proposals are received following public notice soliciting proposals, provided all other safeguards, including fair market value and voter approval for waterfront property, remain in effect. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: �. rge Wy ng III, Cty ttor -y 7/15/2025