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Filing # 79767274 E-Filed 10/23/2018 07:13:26 PM. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. GENERAL JURISDICTION DIVISION CASE NO. BRUCE C. MATHESON, a citizen of the City of Miami, Florida, Plaintiff, CITY OF MIAMI, FLORIDA, a Florida municipal corporation, Defendant. / COMPLAINT FOR DECLARATORY RELIEF Jurisdiction and Request for Expedited Relief 1, This is a civil action seeking expedited declaratory relief pursuant to Florida Statutes Sections 86.011 and 86.111. This Court has jurisdiction over the subject matter pursuant to Article 5, Section 5(b) of the Florida Constitution as implemented by Section 26.012(2)(c) of the Florida Statutes. 2, Pursuant to Florida Statute Section 86.111, and based upon the facts set forth below, Plaintiff Matheson requests an accelerated hearing on this matter, with this action being given priority over other pending tions. Parties 3 Plaintiff BRUCE C. MATHESON is a citizen of, resides in, and is a registered voter in the City of Miami, Florida, 4, Defendant CITY OF MIAMI, FLORIDA (the ity") is a Florida municipal corporation in Miami-Dade County, Florida where venue resides. The City is a governmental entity. “It is a public institution designed to promote the common interests of the inhabitants in their organized capacity as a local government,” and “[iJts objects are governmental, not commercial”; it was “[cJreated for public purposes only.” Miami Water Works Local No. 654 v. City of Miami, 26 So. 2d 194, 197 (Fla. 1946) Nature of Action 5. This is an action challenging the validity and effect of a proposed City Charter Amendment to authorize a private company, Miami Freedom Park, LLC, to lease and develop a massive $1 billion commercial soccer/office/hotel/mall mega-complex with a soccer/concert stadium added onto it, but without competitive bidding or securing fair market value for the lease. A referendum ballot is scheduled for a vote in the Special Election, City of Miami, Florida, November 6, 2018 (hereinafter, the “Soccer Stadium Referendum”).' It is purportedly authorized by City of Miami Resolution R-18-0309 (hereinafter, the “Soccer Stadium Resolution”). Copies of the “Soccer Stadium Referendum” and “Soccer Stadium Resolution” are attached hereto as Exhibits A and B, respectively Factual Allegations The Charter 6. The City operates under its own Charter (the “Charter”). ‘The Charter enables the City to “conduct municipal government, perform municipal functions and render municipal ' The Special Election is being called pursuant to Section 6.03 of the Miami-Dade Home Rule Charter. services and may exercise any power for municipal purposes, except when expressly prohibited by law.” Sec. 3, Charter. 1, Section 29-B of the Charter governs the lease or sale of municipal property. That section provides that Sec, 29-B, Charter. 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 (1/4) 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. Charter requires competitive bidding. The City’s Efforts to Eliminate t Important Public Protection of Competi e Bidding Accordingly, whenever the City desires to lease or sell its property, the 8. On July 18, 2018, the City approved two resolutions that seek to undermine the important competitive bidding protections set forth in the Charter. The first is a resolution of the