Proposed Charter Amendment Ballot #130

The City of Miami is proposing an amendment to the City Charter creating a process for an area of real estate management that is not currently addressed. 2 Proposal

Background  Under Florida law, a waterfront owner has certain specific and general rights to access the water adjacent to their property.  Submerged lands consist of underwater property such as the underlying land of Biscayne Bay.  Submerged land should only be leased to the owner of the adjacent waterfront property.  The City Charter addresses the leasing of City-owned property, but it does not address the leasing of submerged lands.  Under Florida law, a waterfront owner has certain specific and general rights to access the water adjacent to their property.  Submerged lands consist of underwater property such as the underlying land of Biscayne Bay.  Submerged land should only be leased to the owner of the adjacent waterfront property.  The City Charter addresses the leasing of City-owned property, but it does not address the leasing of submerged lands. 3

Background Cont’d  The City Charter currently requires that leasing of city-owned property occur through a procurement process.  For the City to allow upland property owners/holders to lease adjacent waters without a procurement process, Charter Section 29-B would have to be amended to include an exemption.  The Charter amendment would allow the City to enter into fair market value leases for submerged lands with adjacent property owners.  The City Charter currently requires that leasing of city-owned property occur through a procurement process.  For the City to allow upland property owners/holders to lease adjacent waters without a procurement process, Charter Section 29-B would have to be amended to include an exemption.  The Charter amendment would allow the City to enter into fair market value leases for submerged lands with adjacent property owners. 4

Submerged Lands 1  The City of Miami owns certain submerged lands along the coast between the Venetian Causeway and Coconut Grove, and in the vicinity of Virginia Key.  The City of Miami owns certain submerged lands along the coast between the Venetian Causeway and Coconut Grove, and in the vicinity of Virginia Key.

6 City-owned Submerged Lands Submerged Lands

Proposed Amendment to City of Miami Charter Sec. 29-B  A procurement process should not apply to submerged lands since only the adjacent property owner can legally lease it.  The proposed Charter amendment will eliminate the requirement for a procurement process to lease submerged lands.  A procurement process should not apply to submerged lands since only the adjacent property owner can legally lease it.  The proposed Charter amendment will eliminate the requirement for a procurement process to lease submerged lands. 7

Submerged Lands Lease Requirements  If this Charter Amendment is Approved: City Commission approval must be obtained for leases of submerged lands. Environmental and regulatory permits must be obtained for the construction of ANY structures within the submerged lands. Fair market value will be required for all leases of submerged lands.  If this Charter Amendment is Approved: City Commission approval must be obtained for leases of submerged lands. Environmental and regulatory permits must be obtained for the construction of ANY structures within the submerged lands. Fair market value will be required for all leases of submerged lands. 8

"Shall the Miami Charter be changed to allow the City to enter into leases or management agreements, for City- owned submerged lands (lands under water including bay bottoms), with entities having possessory or ownership interest in abutting uplands (lands bordering water) to build 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?" 9 Amendment Proposal Ballot #130