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Complaint - Declaratory & Ancillary Relief

Complaint - Declaratory & Ancillary Relief

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Published by Al Crespo

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Published by: Al Crespo on Aug 07, 2014
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12/18/2014

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IN THE CIRCUIT COURT OF THE 11
TH
JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDAGENERAL JURISDICTION DIVISION
CASE NO.
 GRACIELA SOLARESPlaintiff,vs.CITY OF MIAMI, a Florida municipalcorporation,Defendant.
 COMPLAINT FOR DECLARATORY AND ANCILLARY RELIEF
Plaintiff, Graciela Solares, by and through undersigned counsel, sues Defendant, the City of Miami, and states:
JURISDICTION AND VENUE
1. The Court has jurisdiction pursuant to the Florida Constitution, Art.V, §5(b) and Art.V, § 20( c), as implemented by Section 26.012 and Chapter 86, Florida Statutes. 2. Venue is proper in this Court because it seeks a judicial interpretation and theapplication of Section 3(f)(iii) and Section 29-B of the Charter of the City of Miami with respectto a City-wide Referendum Special Election that is scheduled for August 26, 2014. 
PARTIES
3. Plaintiff, Graciela Solares (“Solares”) is a citizen, and a resident, property owner,taxpayer, voter and elector of the City of Miami.1
 
4. Defendant, the City of Miami (“City”), is a municipal corporation of the State of Florida. 
GENERAL ALLEGATIONS
5. This action seeks declaratory and ancillary relief pursuant to Chapter 86, FloridaStatutes, with respect to Section 3(f)(iii) and Section 29-B of the Charter of the City of Miami.6. The City is the fee simple owner of the waterfront land located between PortBoulevard, Biscayne Boulevard, Chopin Plaza and Biscayne Bay, collectively referred to asBayfront Park. 7. The Miami City Commission adopted Resolution R -14- 0227 which states: In accordance with the provisions of Section 3(f)(iii)
or
Section29-B of the Charter of the City of Miami, Florida, as applicable, areferendum special election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., onTuesday, August 26, 2014, for the purpose of submitting to the qualified electors of the City of Miami for their approval or  disapproval of the proposed lease amendments as set forth in the Ballot Question.A copy of Resolution R-14-0227 is attached hereto as Exhibit “1.” 8. The Ballot Question to be presented on August 26, 2014 pursuant to Resolution R-14-0227 is titled: “Proposed Amendment to Existing Leases of City-Owned Waterfront Land at Bayside Marketplace.” 
A. The Miami City Charter
 9. Charter Section 29-B contains general prohibitions, restrictions and limitations on the power of the Miami City Commission with respect to the leasing of City-owned land and itexpressly requires the publication of requests for competitive bid proposals. 2
 
 10. The requirements of Section 29-B for the publication of requests for competitive bid  proposal can not be waived or circumvented by either the Miami City Commission or theelectorate. 11. Section 29-B authorizes a
limited
 extension of an existing lease,
not to exceed tenyears,
 and, only
during the last five years of the lease.
The relevant part of Section 29-B states:  Notwithstanding anything herein to the contrary,the city commission, by a 4/5ths affirmative vote,may grant a
 lessee
of city-owned property a
one-time extension
 
 during the last five years of itslease
, without the necessity of a referendum, for the purpose of funding additional capitalimprovements. The extended term
 shall not exceed  twenty-five percent of the original term or ten years
,
whichever
 
is less
.
The granting of such anextension is subject to the lessee paying fair marketrent as determined by the city at the time of suchextension and not being in default of its lease withthe city nor in arrearage of any monies due the city.
See,
 Charter Section 29-B. 12. Charter Section 3(f)(iii) imposes additional prohibitions, restrictions and limitationson the power of the Miami City Commission with respect to leasing City-owned 
 waterfront
land: Sec. 3. Powers. The City of Miami shall have power to: (f) Acquisition and disposition of property and services: * * * (iii) To lease to or contract with entities for the management of any of the city’s waterfront property,
but only in compliance with the
 
other requirements of this charter
 and 
 on condition that:
3

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