11 RESOLUTION No. -------
2 A Resolution adopting a draft amendment to Article VI, Section 5, of the City
3 Charter concerning franchises and the granting of an interest in City real
4 property, defining the governed franchises, providing for two public meetings,
5 clarifying the language of the charter and excluding special events, concessions
6 and other uses of real property lasting one (1) year or less to be placed on the
7 ballot for the February 14,2012 election.
8
9 Whereas, the Mayor and City Commission of the City of South Miami have found that
10 Article VI is ambiguous and needs clarification; and
11
12 Whereas, various civic groups use City Hall, such as the South Miami Homeowners
13 Association, and others, for meetings, election forums and debates; and
14
15 Whereas, the current version of Article VI could be interpreted to prevent such use of
16 City Hall without the enactment of a franchise agreement for each such group; and
17
18 Whereas, Article VI does not comply with other City Charter provisions concerning the
19 custodian of the City contracts which are required to be on file with the City Clerk, as opposed to
20 the City Manager; and
21
22 Whereas, the City leases its property to Miami-Dade County or to non-profit public
23 service organizations for period not greater than an year and such leases would be subject the
24 requirements to Article VI; and
25
26 Whereas, Article VI requires publication in a newspaper of general circulation which is
27 ambiguous since some Florida cases define the Daily Business Review as such a newspaper and
28 other cases provide a definition that may not include the Daily Business Review; and
29
30 Whereas, it is more economical for the City to advertise in the Daily Business Review
31 and the City is required to advertise all proposed ordinances and all resolutions that require
32 public hearings at least 10 days before the second reading of the City's; and
33
34 Whereas, Article VI requires that the advisement be at two consecutive weeks, which, in
35 light of the newspaper's advertising schedule makes it difficult to advertise an ordinance for two
36 consecutive weeks, with one advertisement before the first reading and one at least ten (10) days
37 before the second reading; and
38
39 Whereas, Article VI fails to expressly define the term franchise other than obliquely; and
40
41 Whereas, Article VI could be construed to affect the traditional and normal operations of
42 the City's agreements with entities for the operation of the City sponsored baseball league,
43 football leagues, soccer leagues, general concession agreements normally and traditionally
Page 1 of 4
1 executed by the City Manager.
2
3
4 Whereas, many contracts and agreements for the use of City property are usually for one
5 (1) year but no more than five (5) years;, and
6
7 Whereas, all leases of City property for five (5) years or less will continue to require the
8 enactment of an ordinance, approving the lease, and require two meetings and ten (10)
9 advertisement of the public meeting for the second reading of the ordinance; and
10
11 Whereas, all contracts or agreements involving terms greater than one (1) year will
12 continue to require an advertised public meeting.
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
16
17 Section 1. The following question shall be submitted to the electors of the City of South
18 Miami at the next general election:
19
20 Title: Binding Referendum Amending Article VI, § 5, City of South Miami Charter.
21
22 BALLOT QUESTION: Shall Article VI, Section 5, titled Afranchise@ be
23 amended to define "person", "newspaper', "local newspaper" and "franchise", to
24 limit franchises to agreements greater than one year, to change the title and to
25 change the following: schedule and procedure for publication of notices,
26 custodian of franchise agreements and to otherwise clarify the general language of
27 the existing charter provision.
28
29 YES
30 NO
If the question is approved by a majority of the voters in the general election, the Charter for the
City of South Miami shall be amended as follows:
Section 5: Franchises.
(a) Definitions:/
(1) The word "franchise" shall mean all contracts, including any and all
agreements of whatever nature, that grant a right to use real property
owned by the City of South Miami, including leases, when the contract or
agreement provides for a term greater than five (5) years, or grants, gives,
conveys, mortgages, encumbers or otherwise gives a person any interest in
any real property owned by the City of South Miami for a limited telm of
years. I
Page 2 of4
(2) [TI]The word "person" shall mean any individual, legal entity or any other
entity, legal or otherwise.
(3) The word "general newspaper" shall mean the Daily Business Review, or
similar newspaper .
(4) The workd "local newspaper" shall mean a newspaper distributed in the
City of South Miami, whether free to its readership or otherwise available .
(b) Restrictions: The City of South Miami shall not enter into any franchise contract or
agreement, as defined in this Section, to or with any person, as defined in this
Section, nor shall the City renew an existing franchise, grant an extension to the
franchise term or in any other way make a material change to an existing franchise
contract or agreement No ordinance granting or renewing the right to use real
property or an interest in the real property of the City of South Miami to any person
unless the City enacts an ordinance, in accordance with the requirements of this
Section, approving the contract or agreement.
(c) Reguirements: All proposed ordinances approving any franchise contract or
agreement, the renewal of an existing franchise, the grant of an extension to the
franchise term or any material change to an existing franchise, shallmay only be_-
enacted effective until if passed approved by a vote of 4/5 of all members of the City
Commission!....... and no grant or renewal The term limit for all franchise contracts or
agreements, as defined in this Section, including any renewal or extension to the term
of same, shall be for a longer period than (50) years. No grant or rene'Nal of the right
of use real property or an interest in the real property of the City, ofa mortgage or
other encumbrance on the property, or a change in ownership or control of an
artificial person with whomwh-iffi the City has entered into a franchise contract or
agreement, as defined by this Section, nor shall any ownership or control be
transferable in any way, including but not limited to assignments and conveyances of
an ownership interest, except with theunless it is -approvedal !2yef-an ordinance
enacted by ~ members of the City Commission. The enactment of all ordinance
reguired by this Section shall be heard at two public meetings/hearings and the title of
the ordinance shall be published in a general newspaper, as defined in this Section,
and it shall also be published in a local newspaper, as defined in this Section, at least
five (5) days before the first meeting (first reading of the ordinance). At least ten (10)
days before the second and final reading of the franchise ordinance, its title shall be
published in a general newspaper and, in addition, it shall be published in a local
newspaper, if available, so as to provide as much notice is possible, but, in any event,
the notice need not exceed ten (10) days before the second reading. The timeliness of
the publication in the local newspaper shall not be grounds for challenging the
ordinance unless such a newspaper is available for publication and then only if it was
published less than five (5) days before the second reading.
Page 3 of 4
Cd) Custodian of Documents: Copies of all transfers , mOligages , encumbrances, changes
in ownership or control , or other documents affecting the title or use of realtlle-
property owned by the City shall be filed with the City Manager and City Clerk
within 10 days after notice is published in a neVlspaper of general circulation in the
City of South Miami once a week for at least two consecutive weekson or before the
date the first publication of the title to the proposed ordinance, as required by this
Section., not less than 14 days prior to the meeting the Commission will consider the
matter . (Amended 2/S/00L
Ce) Effective Date: This amendment, if approved by the electorate, shall become
effective ten (10) days following the date of the election held for its approval.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this __ day of ,2011.
ATTEST: APPROVED:
CITY CLERK MA YOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
CITY ATTORNEY Commissioner Harris:
D:\A -1 CLIENTS\A A A A City of South Miami\City of South Miami GENERAL
MATTERS\A Resolutions & Ordinances\RESOLUTION -Franchise.wpd
Page 4 of 4
TllE MIAMI HERALD I Mi5lmiHerald.com SE SUNDAY, DECEMBER 11, 20 11 I 45SE
NEIGHBORS CALENDAR
• CALENDAR, FROM 30SE
Greater Miami, 137 NE 19th
St ., Media and Entertain-
ment District. Free.
305-663-0608 or
305-450-9950.
templeisrael.net/.
Venetian Pool: A Vene-
tian-style lagoon carved out
of coral rock, this historic
landmark and swimming
pool features caves, stone
bridges and waterfalls ..
10 a.m. Dec. 11 . Venetian
Pool, 2701 De Soto Blvd.,
Coral Gables. admission is
$11, $7.35 kids 3-12; Coral Ga-
bles residents: $6.30, $3 .95
kids 3-12. Kids 2 and under
are not allowed in the poo!.
305-460-5306.
www.coralgables
venetianpoo!.colll.
Wings Over Miami Air
Museum: Displays WWII
aircraft, artifacts and memo-
rabilia; 10 a.m.-5 p.m.
Wednesday-Saturday and
noon-5 p.m. Sunday; Mon-
day and Tuesday closed.
10 a.1ll. Dec. 11. Wings Over
Miami Air Museum, 14710
SW 128th St., Kendall. $10, $7
seniors 61 and up, $6 kids 12
and under. 305-233-5197.
www.wingsovermiami.com.
Yoga by the Sea at The
Barnacle: Restorative yoga
practice, class for all levels
and is held on grassy front
lawn of The Barnacle over-
looking Biscayne Bay. In
case of rain, class meets in
the Micco Pavilion. Bring
mat, blocks and a strap ..
6 p.m. Dec. 12. The Barna-
cle Historic State Park, 3485
Main Hwy., Coconut Grove.
$13 per class; includes park
entrance fee, limited park-
ing inside park, carpooling
recommended. floridastate
parks.org/thebarnacle/.
DANCE
Ballroom Dance: Ball-
room dancing lessons will
be held every monday to DJ
Victor's "Gotta Dance Mu-
sic". Includes mixers, line
dances and refreshments ..
7 p.m. Dec. 12. St. Mat-
/~'i.,,> l~{...x.: WI \,~
CITY OF SOUTH MIAMI
COURTESY NOTICE
thews Episcopal Church,
7410 Sunset Dr., South Mi-
ami. $2 Suggested Donation.
305-667-7715.
Dance Elite Holiday
Show:
5 p.m. Dec. 18. Miami-
Dade County Auditorium,
2901 W. Flagler St., West Lit-
tle Havana. $19.
Holiday In Motion:
2:30 p.m. Dec. 11. Colony
Theater, 1040 Lincoln Rd.,
Miami Beach. $20-$75.
ZumbaA ® with Fabi -
Moving Cutler Bay to a
NEW beat!: Join us for an
energetic Latin inspired
dance fitness workout.
Zumba Fitness is the exer-
cise in disguise!.
7 p.m. Dec. 13. Cutler
Ridge Park and Pool, 10100
SW 200th St., Cutler Bay. $5.
786-201-2511.
www.zumbawithfabi.com.
FARMERS ' MARKETS
Lincoln Road Farmer's
Market: Features fruits,
vegetables, fresh cut flow-
ers, plants, bread, honey,
NOTICE IS HEREBY giv en that the City Comm is sion of the City of South Miami. Florida will conduct Public Hearings at
its regular City Comm ission meeting scheduled for Tue sday, December 20, 2011 beg inni ng at 7:30 p.m .• in the City
Commission Chambers, 6130 Sunset Drive. to consider the following item(s):
A Resolution to execute a 36 month lease agreement with Oce' North America, through the State
of Florida Contract #600-000-11 -1 , for Canon copier eqUipment, service, and selected supplies
for the "City of South Miami."
An Ordinance autho rizin g the City Manager to enter into a fr anchise contract with Earth Leaning,
Inc. for the operation of a Farmers Market on City of South Miami property.
An Ordinance authorizing the City Manager to execute a 10-year fr anchise agreement with
Ocaquatics 2, Inc., for the pool operations and management of the planned Murray Park
Community Pool.
ALL interested parties are invited to attend and will be heard.
For furth er information. please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez. CMC
City Clerk
jams and jellies. Also fea-
tures an organic market in
front of Lincoln Theatre at
Lincoln Road and Pennsyl-
vania Avenue ..
7 p.m. Dec. 11. Lincoln
Road Farmer's Market, Lin-
coln Road, between Meridi-
an and Washington avenues,
Miami Beach. frce admis-
sion. 305-531-0038. www.the
marketcompany.org.
New Homestead Farmers
Market: Local farmers on
hand with their produce
plus cooking classes will be
offered soon in a ommercial
kitchen. Market also fea-
tures pure African shea but-
ter and black soap by
Fanashaa..
4 p.m. Dec. 16. Homestead
Harvest Farmer's Market,
12700 SW 280th St, Home-
stead. Purchases can be
made with cash, credit, deb-
it cards and food stamps.
786-222-6657.
www.facebool<.com/pages/
Homestead-Harvest-Farm
ers-Market-at-Verde-Gard
ens/IS6163524460541.
Normandy Village Mar-
more. Open year-round; 9
a.m.-5 p.m. Saturdays.
9 a.m. Dec. 17. Normandy
Village Marketplace, 900
7lst St., Miami Beach. free
admission. 305-531-0038.
www.themarketcom
pany.org.
Normandy Village Mar-
ketplace: Locally grown
organic fruits and vegeta-
bles like honey, baked goods,
plants, cut flowers, fruit
smoothies, crafts and
jewelry ..
7 p.m. Dec. 17. Tamarind
Thai Restaurant, 946 Nor-
mandy Dr., Miami Beach.
Free. 305-775-2166. www.
themarketcompany.org.
Pinecrest Gardens Farm-
ers Market: Enjoy locally
grown foods like fruits and
vegetables; There will be
freshly prepared foods from
local chefs ..
9 a.m. Dec. 11. Pinecrest
Gardens, 11000 S. Red Rd .,
Pinecrest. Free.
305-775-2166.
www.themarket
company.org.
South Miami Farmers'
goods, green products and
more. 9 a.m.-2 p .m.
Saturdays.
9 a.m. Dec. 17. South Mi-
ami City Hall, 6130 Sunset
Dr., South Miami. free ad-
mission. 305-323-8858.
www.southmiamifarmers
market.com.
St John's Methodist
Church Market: Locally or-
ganic fruits and vegetables,
baked goods, plants, aro-
matherapy products, tropi-
cal fruit smoothies and
jewelry ..
11 a.m. Dec. IS. St. John's
United Methodist Church,
4760 Pine Tree Dr., Miami
Beach. Free. 30'/",-2166.
www.themarkctcom
pany.org.
GAMING & TECHNOLOGY
Miami Backgammon
Club: Come and play back-
gammon with some enthu-
siasts at the Fritz & Franz
Bierhaus, 60 Merrick Way,
Coral Gables . Ever y
Wednesday at 7 p .m. Con-
tact Alex at 305-510-2981..
ketplace: Fresh produce, Market: Sustainably grown • TURN TO CALENDAR 47SE
prepared foodsowers and local produce, handmade '
!f~ .. t~! _X:.)'i \~g~;/
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTtCE IS HEREBY giv en that the City Commission of the City of South Miami, Florida will conduct a Pub lic Hearing at a
special meeting scheduled for Friday December 16, 2011 beginning at 7:30 p.m .. in the City Commission Chambe rs.
6130 Sunset Drive, to consider the following item(s):
t
\
A Resolution adopting a draft amendment to Article VI, Section 5, of the City Charter concernin~'
franchises and the granting of an interest in City real property, defining the governed franchises, )
providing for two public meetings. clarifying the language of the charter and exc luding special
events, concessions and other uses of real property lasting one (1) year or less to be placed on
the ballot for the February 14 . 2012 election.
ALL interested parties are invited to attend and will be heard.
For furthe r informatio n, please contact the City Clerk's Office at: 305-663-6340.
Ma ri a M. Menendez , CMC
City Clerk
Pursuant to Fl orida Statutes 286 .01 05, the City hereby advises the public that if a person dec ides to appeal any deCisio n made by
this Board, Agency or Comm ission with respect to any matter considered at its meeting or hearin g, he or she will need a record 01 the
proceedings, and th at fa r such purp ose , affected person may need to ensure tha t a verbatim record of th e proceedings is made which
record includes the testimony and evidence upon wh ich the appeal is to be based.
Pursuant to Flori da Statutes 286.01 OS, the City hereby advises the public that if a pe rson dec ides to appeal any deC ision made by
th is Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the II
proceedings, and th at for such purpose, affected pe rson may need to ensure that a verbatim record of the proceedings Is made which I
record Includes the testlmony and evidence upon which the appea l Is 10 be based. ~I ___________________________________ ...J
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -DECEMBER 16, 2011
in the XXXX Court,
was published in said newspaper in the issues of
12106/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this a isem for publication in the said
new~~~~~~~~~~--__
(SEAL)
MARIA MESA personally known to me
B. THOMAS
Commission # DO 937532
Expires November 2,2013
Bonded ThIll Troy Fhin In",ra!lre 800-385·7019
contact the City Clerk's Office at:
· •.. (t~r~1~:~~~it~:~t~. Maria M~;~~~eZ.CMC
pur;uanF;to~Ffdrida ·St~tutes286.01 05; theCily hereby: advises th.e
pUbli~!tl1;il'ji;i;persofi'1iElt:i{jes to.·appeal any decision mad~ by this
Board';Ag~ncy orCommissionwilh r!)spect 10 any matter conslder~d al
ils in'ef31ingor hea,ring, he or she will need a recotd of the proceedings,
and~thaf.;forsuchpurpese;affected person may need:to e~sure that a
verbatim.record,bf ti1e. pro.ceedings is made which record mcludesthe
testimonyarid evidence uponwhich the appeal is to bebased.. ,
1216/ ..~ "..:'F " . , 11-3;73/1X9tl!l..51M