HomeMy WebLinkAboutM-82-0221t
I
E
{ t CITY OF MIAMI. FLirt�IDA
i
INTER -OFFICE MEMORANCIUM
Honorable Mayor and Members of March 4, 1982
the City Commission
Vacant Fire Stations
q .. Howard V . Gary
City Manager
At the City Commission meeting of February 25, 1982 the above subject
was discussed as a pocket item prior to the passage of Motion No. 82-
196 which reads as follows:
A motion stating the intent of the City of Miami Commission
to sell either jointly or separately Fire Station #14,
located at 141 N.W. 27 Avenue, to Brigade 2506 aka "Mayor
Carlay Foundation, Incorporated" and/or to the Inter -
American Chamber of Commerce, also a non-profit corporation,
provided said sale is legally possible, and after all due
process and required public hearings have been complied with
prior to such sale.
upon reviewing the discussion which preceded passage of the motion,
several questions are raised. Specifically those questions are:
1. Is there any requirement to use the proceeds from
the sale of former fire stations to aid in the
retirement of Fire and Rescue Facilities Bonds?
2. What is the status as to the availability of the
properties, i.e., advise of present and/or proposed
use or need by City?
3. What is the procedure for declaring properties surplus?
4. What is the legal procedure for disposing of City -owned
property?
Though the discussion relating to the motion indicated that this
office was to at once begin negotiations with the above named non-
profit organizations, such has not been initiated due to certain
provisions of the City Code, and other factors, which preclude
negotiations at this time. Also, it is my opinion that prior to
any negotiations effort on my part the City Commission should be
provided complete answers to the above questions.
-2-
Regarding the first question, no
indication has been
found that
these properties, or any other
City -owned property,
are required
to be sold in an effort to satisfy
bonded indebtedness.*
We have
also reviewed original deeds for
four of the properties
and can
find no reverter clauses or similar
provisions.
The then current status or use
of seven vacant fire
stations was
reported to the City Commission
on November 30, 1981;
this infor-
mation is repeated:
Station Address
1981 Assessed Value
Present Use
Station #2 (old)
$ 113,118
Leased to the Arch-
1401 N. Miami Avenue
diocese of Miami
for use as a day,
care center.
Station #4
389,656
Vacant
1000 S. Miami Avenue
Station #9
92,449
Vacant
7561 N.E. 1 Avenue
Station #13
113,189
Vacant
4850 N.E. 2nd Avenue
Station #14 *
290,777
Vacant (to be used
141 N.W. 27 Avenue
for proposed pension
settlement)
Station #15
129,079
Scheduled for
1300 S.W. 12 Avenue
occupancy by the
Finance Department
into late 1982;
lease approved for
use by Cuban Museum
beginning in late
1982.
Station #16 *
230,645
Headauarters for
N.W. 23 St. and 23 Avenue
the Rescue Division
(to be used for
proposed pension
settlement)
TOTAL ASSESSED VALUE
$1,358,913
*This statement is based on an initial cursory review of Fire and
Rescue Bond Facilities legislation; a definitive response will be
provided on March 11.
8 2 - 21
A*N 01�k
-3-
It is necessary to point out that this office has been attempting
to arrive at an agreement of settlement with the City Employees
Retirement System and the Miami City General Employees Retirement
Plan. A draft of the agreement has been prepared and the following
is quoted therefrom:
Each pension fund shall have its own office. The City will
lease a fire station to each fund; Station No. 14 for
police and fire and Station No. 16 for general employees
and sanitation workers. Such lease shall be for fifty (50)
years at One Dollar ($1.00) per year.
In the event the City builds a new admnistrative office
building, the City shall have the option to require the
Boards to move their offices into such building, provided
that the usable office space in such building offered to
the Boards is suitable.
Therefore, it is my recommendation that Stations No. 14 and No. 16
not be considered available at this time and that any consideration
to dispose of these two properties be reserved pending resolution
of the Pension Boards agreement. Other than as noted there are no
additional plans or uses for the properties.
There is presently no requirement or procedure delineated in the
Charter or Code for declaring a parcel of real property surplus to
the City's needs other than that found in code Section 18-80; said
Section is stated below. In this provision the City Manager is
authorized to make a determination as to whether a property is surplus
with a final disposition (either sale or lease) required to be
approved by the City Commission.
As regards the procedure for disposing of City -owned property, both
the City Charter and Code contain specific provisions; the require-
ments of both are outlined. Charter Section 53 (b) states (the
following numbers are used for clarification only and are not from
the Charter) :
1. ..there shall be no sale, conveyance, or disposition of any
interest, including any leasehold in real property... unless
there has been a prior opportunity given to the public to compete
as purchasers...
2. There shall be prior advertisement, as may be prescribed by
ordinance...
3. No right, title or interest shall vest in
property unless the sale, conveyance, or
to the bidder who offers the bid which is
of the City, as is determined by the City
the purchaser of the...
disposition is made
in the best interest
Commission.. .
82-221
-4-
Code Section 18-78 repeats much
appears to reinforce the Charter
further provides:
of the above Charter language and
Section while Code Section 18-80
The city manager is hereby authorized to instruct the purcha-
sing agent to sell to the public 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:
(1) Such property cannot be leased so as to produce revenue
to the city;.
(2) Such property shall have first been offered for sale
at the appraised -value price to Metropolitan Dade County
and then, if unsold, to the Dade County School Board;
(3) Such property shall not be sold for less than the then -
current appraised price, as determined by at least two (2)
independent appraisers, both of whom shall be members of
the American Institute of Real Estate Appraisers; except
that such property may be sold at less than the then -
current appraised price if express authority for such sale
is given by the city commission.
The final step in this procedure is approval of the sale or lease by
the City Commission.
Based on the above, it is my opinion that it would be improper for
this office to enter into negotiations at this time without first
having gone through a public bidding process. In order to be as
certain as possible as to the applicability of the various Charter
and Code provisions to this matter, I am requesting the City Attorney
to review this memorandum, and the relevant provisions, prior to the
March 11 City Commission meeting and to render an opinion thereon.
However, being aware
Motion No. 82-196, it
resolving this matter
of
is
in
the Commission's
planned to begin
a timely manner.
intent as expressed in
at once the process of