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Home My WebLink AboutO-11422J-96-1347 12/12/96 ORDINANCE NO. 11422 AN EMERGENCY ORDINANCE AMENDING SECTION 18-80 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "AUTHORITY TO SELL" THEREBY DELETING THE REQUIREMENT THAT THE CITY MUST FIRST OFFER A SURPLUS PROPERTY FOR SALE AT ITS APPRAISED VALUE TO METROPOLITAN DADE COUNTY AND THE DADE COUNTY SCHOOL BOARD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 18-80 of the Code of the City of Miami, as amended, entitled "Authority to Sell" includes a provision that any sale of real property owned by the City shall have first been offered for sale at its appraised value to Dade County and the Dade County School Board; and WHEREAS, this provision could result in the City not receiving the highest possible price for the real property; and WHEREAS, Section 29-B of the Charter of the City of Miami, as amended, provides the necessary authorization for the City Commission, when it deems it to be in the best interest of the City, to sell City -owned property for purposes of implementing projects of any governmental agency or instrumentality thereby rendering the language in Section 18- 80 of the City Code unnecessary; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11422 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 18-80 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:" "Sec. 18-80. Authority to sell. The city manager is hereby authorized to instruct the chief procurement officer to sell any real property owned by the city not needed for public use or that may have become unsuitable for use by any city department, provided that: (1) Such property cannot be leased so as to produce revenue to the city. 8o-;d; 43} (2) Such property shall not be sold for less than its appraised value, unless express authority is given by the city commission. For purposes of this section, appraised values shall be those determined by at least two (2) independent appraisers, both of whom shall be members of the American Institute of Real Estate Appraisers, unless said appraisers cannot agree on value, in which case the higher value shall be deemed the appraised value." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. 1' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -L- 11422 Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 12th day of December, 1996. ATTEST: j r WALTE EMAN, CITY CLERK PREPARED BY: UA DO RODRIGUEZ, DIRECTOR FFIC SSET MANAGEMENT PREPARED AND APPROVED BY: JytrE 0. BR ASSISTANT CITY ATTORNEY W241:csk:JOB (I (�a� E CAROLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. a I N JO , III CITY A TOR -3- 11422 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: FILE of the City Commission SUBJECT: Amendment to City Code Section 18-80 Gvt FROM: Edward Mar ue REFERENCES: City Ma ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached emergency ordinance, amending Section 18-80 of the Code of the City of Miami, Florida, as amended, entitled "Authority to Sell" by deleting the requirement that the City must first offer a surplus property for sale at its appraised value to Metropolitan Dade County and the Dade County School Board; containing a repealer provision and a severability clause. BACKGROUND: The Office of Asset Management has prepared the attached emergency ordinance for consideration by the City Commission. Section 18-80 of the City Code includes a provision that any sale of real property owned by the City shall have first been offered for sale at its appraised value to Dade County and the Dade County School Board. This provision lengthens the time period required in order to sell a piece of property as time must be provided for the County and School Board to respond to an offer, and could result in the City not receiving the highest possible price for the real property. It should be noted that Section 29-B of the City Charter, as amended, provides the necessary authorization for the City Commission, when it deems it to be in the best interest of the City, to sell City -owned property for purposes of implementing projects of any governmental agency or instrumentality without going through the competitive bidding process thereby rendering the language in Section 18-80 of the City Code unnecessary. Additionally, the City will continue to be required to comply with applicable federal, state and local laws relating to conveying municipal property. 11422 1\�(�FFr '97 JAN 24 110 :() WALTE� CIT u f� CITY,- MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11422 Inthe.......................XXX#X...................................... Court, was published in said newspaper in the Issues of Jan 23, 1997 Aftiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the sold newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid or promised any pereo Irm or corporation any disco rebate, comml refu for the purpose of secu gIhis advert) t r publi ation In the said news pe Sworn to and subscribed before me this 23 January /j 97 ...day of ....... f...........................119...... (SEAL) 1P Y PL OFFICIAL NOTARY SEAL d JAmNe"ETT LLERENA Octelma V. Ferbeyre �W +, to a7x MSSa0r1 NUM8EA CC566004 �fFOFVOMy COMMIUNE 23M2000ES CITY of r--4&uiy mow AN intdrssted persons will taken ke that on the 12dt+day bFiftwnber, - 11 9W ft Chy Commission of Miami Florida adopted tho follbtlrFng Wed,'. ordinances: t 4 ,t. _�w. Vull'. why ;n ORFbC41'Wti AN EMERGENCY ORDINVKW *01 wfEmat I¢-`l7F QFUX ONCE NO: 6145, ADOPTED MAlR7R-1S; M5,7AS MENDED.1NHICH 'ESTABLISHED FEES FOFI`'hlil<.DIft PLUI�ABM, E_LEG TRICAL, ; MECHANICAL, {tNaLUbkll EOREii AiiD ELEVI tTOR) INSPECTION, PERMIT AND CERTl t;AT� FEES '17aiMhy ADDING AND INCREASING REQUIRED• FEES 10, COVER COSTS FOR THE ENFORCEMENT OF THE SOUTFI.,,.FLORIDA , BUILDING CbbE; CONTAINING A REPEALER PROVt6ION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIV-St 1TE. ORDINANCRU 11417 AN EMERGENCY ORDINANCE AMENDING ORDMNCE NO. 11383, ADOPTED JULY 25TH, 1996, WHICH ESTABLISHED INITIAL RE- SOURCESANb INITIAL APPROPRIAMOMfOR ASPECIAL REVENUE FuNd ENTITLED: 'OPERATteN C.A.R $:' j3Y,,1�iCEi AS�yf ;&AID EXCEED $40,000.00 FROM THE FLORIDA MOTOR VEHICLE'TFEFT PREVENTION AUTHORITY AND TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.11418 AN ORDINANCE ESTABLISHING A SPECIAL REVENUiE FUND ENTITLED: 'PARTNERSHIP FUND' AND APPROPRIATING FUNDS, IN. AN AMOUNT NOT TO EXCEED $25,000.00,- TO SAID FUND; AUTHO- RIZING THE DEPARTMENT OF POLICE TO ACCEPT. MONETARY DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS TO BE DEPOSITED 1N SAID FUND; • AND TO EXPEND SAID FUNDS ON COMMUNITY EVENTS SPONSORED BY .:THE -DEPARTMENT. OF POLICE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.11419 AN ORDINANCE AMENDING CHAPTER 40, ENTITLED.- `PER- SONNEU OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY SEPARATING THE SPECIFIC VIOLATIONS A$ .SET ' FORTH IN SECTION.40-98(5) ENTITLED:'GROUNDS FOR DISMISSAL. SUSPENSION AND DEMOTION' TO CLEARLY DISTINGUISH AND INDIVIDUALIZE EACH VIOLATION; CONTAINING A - REPEALER PROVISION AND A SEVERABILITY- CLAUSE; -PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO.11411W' AN EMERGENCY ORDINANCE AMENDING SECTION 62-rWOF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, - ENTITLED -.APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONIP&bOARW TO REDUCE COMPENSATION TO ONE DOLLAF( PER -YEAR 'CONTAINING `A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCIE.NO.11421 AN EMERGENCY ORDINANCE AMENDING SECTION 62-61..OF THE CODE OF THE CITY OF MIAMI, FLORIDA; AS AMENDED, ENTITLED; 'SCHEDULE OF FEES', TO INCREASE THE: FEES APPUCABLE .,TO CLASS II SPECIAL PERMITS, AND TO INTRODUCE ,A PACKAGE MAILING FEE TO BE CHARGED FOR ITEMS- SCHEDULED FOR PUBLIC HEARINGS AND PUBLIC MEETINGS; CONTAINING_. A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE AN EMERGENCY ORDINANCE AMENM D�_ ON 19-80 OF. THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: 'AUTHORITY TO SELL' BY DELETING THE REQUIREMENT THAT -THE CITY MUST FIRST OFFER A SURPLUS PROPERTY FOR SALE AT ITS APPRAISED VALUE 'TO METROPOLITAN DADE : COUNTY AND THE DADE .COUNTY SCHOOL BOARD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDNANCE NO.11423 AN EMERGENCY ORDINANCE, AMENDING SECTION 42-8.1 OF THE CODE ,OF I THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: 'SPECIAL OFF -DUTY POLICE SERVICES', THEREBY IN-