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HomeMy WebLinkAboutLegislationt City Hall 's 'td r 3500 Pan American Drive I�^ Miami, FL 33133 Legislation vdww,miamigov.com Resolution File Number: 16-01008 Final Action Date: 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 ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. 1; AMENDING SECTION 29-6 OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION BYA 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 ATERM OF THIRTY (30) YEARS, WITH TWO 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; CALLING FOR A REFERENDUM AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2016; 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 GENERAL ELECTION REFERENDUM; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 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, which is part of the City's Parks and Recreation Department facilities; 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; 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 City of Miand Page 1 of 7 File Id: 16-01005 Olersion: 1) Printed On: 711812016 File Number: 16-01008 by reference and incorporated as if 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, as amended ("Charter"), and §6.03 of the Miami -Dade County Home Rule Charter, a General Election referendum is being 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 8, 2016, including for the purpose of submitting to the qualified electors of the City for their approval or disapproval the proposed lease measure for the Building known as Charter Amendment No. 1. Section 3. Section 29-B of the Charter is proposed to be amended in the following particulars: "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 ('/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 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: (a) 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; City ofDliand Page 2 of 7 File Id: 16-01008 Mersiott: 1) Printed On, 7118/2016 File Number: 16-01008 (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and (f) disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non -waterfront property is non -buildable. Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths affirmative vote, may: (a) grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements. The extended term shall not exceed twenty-five percent of the original term or ten years, whichever is less. The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city; and (b) amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year periods, (ii) increase the amount of the minimum guarantee to the City to at least $360,000 per lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to complete capital improvements to the property, including a public baywalk, in the amount of not less than $3 Million, within twenty-four (24) months of the effective date of the lease amendment; and (c) 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. Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value. City of Miand Page 3 of 7 File id: 16-01008 Version: 1) Printed On: 711812016 File Number: 16-01008 The Charter Amendment proposed in this Section shall be known as Charter Amendment No. Section 4. The General Election referendum 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 of Florida ("State"), The Precinct Election Clerks and Inspectors to serve at said polling places on said General 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 General Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such General Election is all registration cards, books, records and certificates pertaining to electors of the City 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, 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. Section 5. In compliance with Section 100.342, Florida Statutes (2016), regarding any referendum not otherwise provided for there shall be at least thirty (30) days' notice of the referendum by publication in a newspaper of general circulation In the City. The City Clerk is authorized and directed to publish notice of the adoption of the this 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 General Election referendum is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: NOTICE OF GENERAL ELECTION REFERENDUM TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 16- A General Election referendum will be held on Tuesday, November 8, 2016 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several General 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 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 30 years, with two 30 year renewals, for minimum annual rent of $600.00, with Consumer Price Index adjustments, with restrictions, reversions, and retention by the City of all other rights?" Charter Amendment No. 1 will amend Section 29-6 of the Miami 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, Miami, Florida, for a term of thirty (30) years, with two (2) thirty (30) year renewals, for minimum annual rent of $600.00, with City of Miami Page 4 of 7 File Id: 16-01008 Oersion: 1) Printed On: 7/18/2016 File Number. 16-01008 Consumer Price Index adjustments, with restrictions, reversions, and retention by the City of all other rights?" 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 6. The official ballot to be used at said General Election referendum shall be in full compliance with the laws of the State 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 GENERAL ELECTION REFERENDUM TUESDAY, NOVEMBER 8, 2016 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ---------------------------------------------------------- Leasing of City -owned Dr. Jackson's Office to Dade Heritage Trust, Inc. "Shall the Miami Charter be changed 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 30 years, with two 30 year renewals, for minimum annual rent of $600.00, with Consumer Price Index adjustments, with restrictions, reversions, and retention by the City of all other rights?" City of Miami Page 5 of 7 File Id: 16-01008 (Version.: 1) Printed On: 7118/2016 File Number: 16-01008 YES (For the Measure) NO (Against the Measure) Section 7. The form of the ballot shall be in accordance with the requirements of general election laws. 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 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 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 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said General Election referendum. Section 9. All qualified electors of said City shall be permitted to vote in said General Election referendum 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, a list of all qualified electors residing in the City 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 general election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said General Election referendum to be held on Tuesday, November 8, 2016, and who have not registered under the provisions of the general laws of the State 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 registration van for the purpose of registration in order to vote in the herein described General Election referendum during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. 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, related to matters pertaining to the use of the registration books and the holding of said General Election referendum. Section 12. 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 (45) days prior to the date of the General Election referendum. Section 13. This Resolution shall become effective immediately upon its adoption and City of Miami Page 6 of 7 Fide Id 16-01008 (Version.: 1) Printed On: 7/18/2016 File Number: 16-01008 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 7 of 7 File Id: 16-01008 (Version: 1) Printed On.: 7/18/2016