HomeMy WebLinkAboutO-09052ORDINANCE NO. 9 0 5 2
AN ORDINANCE AMENDING SECTIONS 16-38
THROUGH 16-46 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY REPEAL-
ING SAID SECTIONS AND SUBSTITUTING THERE-
FOR NEW SECTIONS 16-38 THROUGH 16-46; PRO-
VIDING FOR THE REQUIREMENT OF PUBLIC ADVER-
TISEMENT AND OPEN -COMPETITIVE BIDDING BEFORE
THE SALE, CONVEYANCE, OR DISPOSITION OF
ANY REAL PROPERTY, INCLUDING LEASEHOLD
INTEREST THEREIN, OWNED BY THE CITY OF
MIAMI, THE DEPARTMENT OF OFF-STREET
PARKING OF THE CITY OF MIAMI, AND THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE
CITY OF MIAMI; PROVIDING FOR AUTHORIZATION
TO SELL CITY PROPERTY UNDER CERTAIN CONDI-
TIONS, AND FOR ADVERTISING AND SEALED
BIDDING; CONDITIONALLY AUTHORIZING PAYMENT
OF A 5% REAL ESTATE COMMISSION; PROVIDING FOR
PAYMENT OF THE EXPENSE OF AN ABSTRACT, AND FOR
DISPOSITION OF SALE PROCEEDS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Sections 16-38 through 16-46 of the Code of
the City of Miami, Florida, as amended, are hereby amended
by repealing said sections in their entirety and substitut-
ing therefor the following in their place and stead:
"Sec. 16-38. Limitations on sale of realty; generally.
There shall be no sale, conveyance, or disposition
of any interest, including any leasehold in real property,
owned by the city, the department of off-street parking or
the downtown development authority, unless there has been a
prior opportunity given to the public to compete as pur-
chasers of said real property or any interest therein. There
shall be prior advertisement, as hereinafter set forth, and
said sale, conveyance, or disposition shall be conditioned
upon compliance with the provisions of this section. No
right, title or interest shall vest in the purchaser of the
above property unless the sale, conveyance, or disposition
is made to the bidder who offers the bid which is in the
best interest of the city, as is determined by the city
commission, or the department of off-street parking, as
determined by the off-street parking board, or the down-
town development authority, as determined by the downtown
development authority board of directors. The city or the
departmentof off-street parking or the downtown development
authority shall have the power to reject all bids and
readvertise as the same may apply to the respective entity;
all advertisements shall contain a reservation of the fore-
going right and power. Nothing in this section shall be
construed to waive the special requirements for leases and
contracts of waterfront property provided elsewhere in this
Code or in the City Charter.
Sec. 16-39. Same. - Application to department of
off-street parking and the downtown
development authority.
With the exception of the requirement for adver-
tisement prior to sale of real property, as contained in
Section 16-41 hereof, the provisions contained in Sections
16-40 through 16-46 hereof are not required to be followed
in effecting the sale, conveyance, or disposition of real
property owned by the department of off-street parking or
the downtown development authority.
Sec. 16-40. Authority to sell.
The city manager is hereby authorized to instruct
the purchasing 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:
(a) such property cannot be leased so as to produce
revenue to the city;
(b) 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;
(c) such property shall not be sold for less than
the then current appraised price, as determined by at least
2 independent appraisers, both of whom shall be members of
-2-
9052
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.
Sec. 16-41. Notice of sale.
If title to city real property is to be sold to
the public pursuant to Section 16-40 hereof, a notice adver-
tising for and soliciting sealed bids to be submitted to and
received in the office of the city clerk, not less than 10
calendar days after date of publication, shall be published
in a newspaper of general circulation in the city.
Sec. 16-42. Commission on sale.
The city will pay a real estate percentage
commission of 5% on all real estate sold by the city whenever
a bid is made at a private sale through the efforts of a
broker, and the party making such bid is the purchaser of
the property. The director of finance is hereby authorized
to pay the same out of the proceeds of the sale.
Sec. 16-43. Expenses of abstract of title.
The director of finance is authorized to pay for
the expense of an abstract of title brought down to date on
all property sold by the city, to be paid out of the sale
price of the respective properties.
Sec. 16-44. Payment in cash, cashier's check or
certified check.
Terms are deemed to be all cash at time of clos-
ing. All costs involved in the sale of this property shall
be the responsibility of the buyer with the exception of
-3-
90 5 2 7
the abstract being brought down to date (as set forth in
Section 16-43 hereof). Buyer may pay cash, cashier's
check or certified check or a combination thereof.
Sec. 16-45. Closing of sale.
It shall be the responsibility of the city
attorney to effect the closing of any city property which
is sold under this Article.
Sec. 16-46. Disposition of proceeds from sale.
All money received from sales under this Article
shall be turned over to the director of finance, in accord-
ance with the City Charter."
Section 2. All ordinances, code sections, or parts
thereof in conflict herewith, insofar as they are in con-
flict, are hereby repealed.
Section 3. 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.
PASSED ON FIRST READING BY TITLE ONLY this 27 day
77- of December , 1979.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 10 day of January , 1980.
MAURICE A. FERRE
ST:
'1:2-‘/
RAL G. ONGIE, CITY C
MAYOR
PREPARED AND APPROVED BY:
ROBERT F. CLARK, ASST��' ' ATTORNEY
APP
AS TO FORM AND CORRECTNESS:
GE'RGEJJF. KNOX, CITY ATTORNEY
-4-
•
9052
/gt
Joseph R. Grassie
City ;tanager
FROM:
aar4.Pr.Nc.Ls:
December 19, 1979
Code Change - Sale of Realty
Proposed Ordinance
(2)
Attached please find a revised proposed ordinance amending
present City Code Sections 16-38 through 16-46, which was
sent to us in draft form by the Director of Finance in his
memorandum of November 19, 1979 (copy attached).
Because the Charter (Section 52) provides that the Pur-
chasing Agent "sell" City -owned real property, it was
necessary to reword the original draft submitted by Mr.
Gunderson.
We also found it necessary to make other changes, in light
of the recent favorable vote by the electorate on the amend-
ment to Charter Section 53 (see attached Resolution No. 79-
501), which placed limitations on the sale of City -owned -
real property.
GFK/RFC/rr
cc: J. E. Gunderson
Director, Finance
9052
111111
Joseph R. Grassie
City Manager
/J.E. Gunderson
1/Director of Finance
November 19, 1979
Ordinance Change
Sale of Realty
On November 6, 1979, the voters of the City of Miami approved Charter
Amendment Number 3 which states in part that, "requiring public
advertisement and open -competitive bidding before the sale, conveyance,
or disposition of any real property, including leasehold interest
therein, owned by the City, or the City Department of Off -Street
Parking or the Downtown Development Authority of the City of Miami?"
In order to prevent any conflict between the Charter Amendment and
the existing Ordinance titled, "Sale of Realty," it is recommended
that the old Ordinance be removed in its entirety and the attached
Ordinance be presented to the City Commission for its approval.
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FLCIIIDA :
C I Dfl illi lCl; NO.
AN O1IDTt1(1UCE F?1•11(1V?tire, Ti 1 T'I:; Ei i I`II11;17, Airl'IC1,I ; V,
'TATE (eh' iil.Aihl"1," ;_;1,r"C'IOtI,; N31t TlinerIetl lift, (1irr'ti:[; 1.6,
"F 1 i111I 1r1,," OIL 'ii U Co111, of° 'Il I1 r TT1"( OP ti [IJ•1 [ . 17 fi1' TT)/\
AS AF1E1li1I1); AND ; tritai.'orrpri, '11t1'1317Fr1t?E, A ttl '1 tliil'1f;ld�
V, ":;A[1, Oi'' [iEAr;i ," :'EC'PtCtl:y _?Li tinerAJ(1Ii 116, CHIAI`fl Tt
16, "i' T11AP11'E," & I''IY)V1I)IiJ(; I3'1 '11iE
I3Y 'I1iEs CI'1"( Cr.lL•1T dot 'Lh 71n C•l'1'1 MANAGER 'ir) :;I•:I,L CI L1
morvR'L'Y COrIPLTT0i1:1; & 1'P(YJ1T)1 fl FOR
NNi.TT.T ,1.1.10 AiD ; EAIE.1D i1TD1)Itic',, PROVIDING I•'0fi A 574
T'F;11 i EAI, l';.iTA'IT C:CS1IS ;:Coil; & 1'R(TTWrrIn FOP, 'il[E
L•:x-rE11 nE op AN AF', �7.T��G"t', & 111OV IDT11G F011 TIE i I:71110D OF
PA\T1111'i', I'ICOVID CIiri T,O11 711, DT:' OSI.T:rCtl 0F TIONF,Y
HFCEPJI D, AND PROVIDING 1''OR '11 ll c,LCV3ING OF THE SALE.;
CO;UAIIIIi•iG A PS;T'Er1LER [TO/iSIO!I & A 21:Ni IABILII? CLAIJGE.
BE IT ORDAINED BY 211E Ca MISSION OF THE CIT'i OF MIArlI,
Section 1. Article V, "Sale or Realty,"
Section 16-33. Reserved.
"Section 16-39. Authority to Sell.
The City Manager with the approval of the City Commission
is hereby authorized to sell at public sale, City realty after it has been
determined that the prcperty can not be converted to an alternate use that
would produce revenue to the City by leasing the property, and, the prcperty
cr..nnot be utilized by any Department or Division within the City, and, the
property is offered to iietrepolitan Dade County and the t 1e Cc'unty School
Beard at the appraised value price prior to public sale, and, the prcperty
will not; be sold for less than the current appraised price as determined by
at least two independent appraisers that carry the de; icnation of •!AI ."
"Gecticn 16-It0. Notice of Sale.
'lire City r•lartrt,er is hereby authorised and directed to sell
or offer for sale ourplu3 property ref'errel to in Section 39, r:tvine oppor-
tunity for caepet;1t;ten by publishing; a Notice in newspapers published in the
City, and calling for sealed Bids to be ,uL:ni tted to the City [.anar:er and City
Clerk not len.:, than tent (10) days after date of publication. Said advertise--
twnt :Tha11 state that the City ritu tiger rh,111 have the power to reject all Bids
and ad'.' r'ti: tr nealn. 71:e City i u iger nh<tll accept any hiehent; and beet Fld
that are at; or ebove the appraised value and which has been made in acc:nrdance
with all the termo and conditions of t;h1:; article. '111c .actv"rt;l:;ed Net;!.ee :;hail
contain the l(:•v i1 c1ee rapt:Lon and other pertinent data concerning such prcperty
offered f(.:' nal.e. '] '.wraft.cr, the prc;i,'rt:y which is not sold t.hecirrb advertis-
ing f'rr sealed bit1:,, m:>,y be sold at or above the appraieed value without £lu'thcr
ce(r.I:etiticrl, all out:,lect to final approval by the City Ccar:nlc:;1on.
"::fiction 1G-111. Cuiol.i:s:;Lc'r on Sale.
'11;e City will pny ,a real rotate per: errt nt;n olents:;.lcn or ,7',
rnr cent, on all real. entntc eol(l by the City whenever a bi(I is rn.Ie nt a pe vote
::a Le thr'eut ;lr Lie.) c t 1'rr to of :t hrl)1: r, and the party enleInt• ouch b.1.c1 .1.; the
puecle: ee he property. The 1;1 r►,et.er o1' ),1rr:ulce 1:; hereby :iuth:ri::e11 to
it'J 11..' e•..:o out ()1' the proceedor t.1r,
9052
":'r'ction 1.6-112. I':::I •,tt:;cr:; cat' itil):;t.t'rt,:t;
Me Director o1.' Fl ivuice t:; autl or 1:*.cd '.e rat/ f .'r 1.ho .�•,l,��r;....
of ,rut Abstract of Title l?rout ht down 1:o date on all iti•r,nr'c.$:y sold by 1:1h„ r:1 ;,
to be paid out: of the sales price of the rerpc!ct;ive properties. (CGde
&c.111-r'r.)"
"section 1.G-113. Payanent In Cash, ("rtuldi''r':; Chr:r;k or C:r';1fic(1
'1}.rrns are r1cr r?r1 1;0 l:rw all rn.:;h at time (if ele.:^ 1nr. All
involved in the sale or this property shall be t1 u' respon:11 bll..i 1.;; of the 1:u:,rer
with the exception of t:hr3 Abstract bc.1.n p brew.11-ht down to date Woe. 16-112. )
Buyer may l'ay cash, cashier's check or certified check or a co;nlb.t nation
thereof . "
"1 ction 1G-1111. Bosomed."
"Cection 1G-115. Closing of Cale.
It shall be the responsibility of the Cit;, Attorney to effect
the closing; of any City property ,kiLch is sold under this Article."
"Oection 16-14G. Disposition of Proceeds from Cale.
A7.] money received from sales under this Article shall ho.
turned over to the Director of Finance, in accozdar;ce to the terms of the
Charter."
Section 2. All O dirmnces, Codes Sections*, or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby repealed.
Section 3. If any section, part of section, parar;raph, clause,
phrase, or wand of this Ordinance is declared invalid, the remaining provisions
of this C dir.ance shall not be affected.
P11.C;;ED C:1 FI71IIT I EADIII'J BY TITLE ONLY THIS day of
, 197
FA:'•S7 C,1 3ECCIID AI ID FINAL PEttDI G DY TITLE only this day
of ,197
MAUlaeL A. lehail '., 1~I A Y V li
It,ALHi U. Uil(liE, CI'i"L Ci::PK
f'17.T'/YP_' M3) Ai'l:;TJ'i•I) BY:
1'tP1i Cl17) '1) 1 r:1:•; A,::1) (:(..'.'•:c;::l :..
ri4
.".qg"501
RESOLUTION NO.
A RESOLUTION SETTING FORTH A PROPOSED CHARTER : MEN:,MENT AMENDING
SECTION 53 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, TO
PROVIDE FOR AN INCREASE IN THE CONTRACT PRICE FROM $1,000 TO
$4.500 FOR ANY PUBLIC WORK OR IMPROVEMENT CONTRACT BEFORE
REQUIRING PUBLIC ADVERTISEMENT AND COMPETITIVE BIDDING; FURTHER
PROVIDING FOR THE REQUIREMENT OF PUBLIC ADVERTISEMENT AND OPEN -
COMPETITIVE BIDDING BEFORE THE SALE, CONVEYANCE, OR DISPOSITION
OF ANY REAL PROPERTY, INCLUDING LEASEHOLD INTEREST THEREIN,
OWNED BY THE CITY OF MIAMI, THE DEPARTMENT OF OFF-STREET PARKING
OF THE CITY OF MIAMI ANO THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of Miami hereby
submits the following proposed charter amendment for submission to the
electors of the City of Miami at the regular municipal election of November
6, 1979►
to become effective upon its approval by the electors:
CHARTER AMENDMENT NO, 3
Suction 53 of the City of Miami Charter, Chapter 10847, Special
Acts, Laws of Florida, 1925, as amended, is hereby amended in the following
1/
particulars:^
"Section 53. Finance and taxation --Contracts for public works or
improvements, real property.
(a) Any public work or improvement may be executed either by
contract or by direct labor, as may be determined by the commission.
Before authorizing the direct execution of any work or improvement,
detailed plans and estimate thereof shall be submitted to the
commission by the city manager and there shall be separate account-
ing as to each work or improvement so erec.uted. All contracts for
more than one-theueeind-de-14ers-4$479G37 ;4,500 shall be awarded to
the lowest responsible bidder, after public advertisement and
competition as may be prescribed by ordinance, but the city manager
shall have power to reject all bids and advertise again. All
advertisements as to contracts shall contain a reservation of the
foregoing rights. Contracts for public work shall be signed by the
city manager after approval thereof by the commission.
(b) Anything in this charter to the contrary notwithstanding
there shall be no sale, conveyance or disposition of any interest.
includinn any leasehold in real property, owned by the city, the
department of off-street parkins or the downtown development
'minority. unless there has been a prior opportunity given to the
public to compete as purchasers of said real property or any
1/ Words and/or figures stricken through shall be deleted. Underscored words
and/or figures constitute the amendment proposed. Remaining provisions are
now in effect and remain unchanged.
CITY COMMISSION I
MEETING OF
JUL 11if
hsch.UnUN No... .S ..9 5 0 I
REMARKS:
Ilb 9052
tii,.r r. :i.ii 1 1,•' + r
as ma•.• tjer.rr; : ri b e •1 r•rci 1 :I.l;,c ,.i 11. __ 1
t011V,.'}'.1:It__t, ,ir d ..;t,c,!: t it7r1 - 11_t1 1 l,, 7fleil_ 1•.
c:omnlianco with th,, •'r"'.•1 1nI,_, of 1_:.1'_..:''"'
title o, i ntnre:•. t .h i1.l v(• ,t.in t'i1�. :'+„rrrfn_:. r
itI'OVe) 1 T:,?�'Crtom un1,•s:: t.}lr11, ,• (:r,V•••f.1n(_' ,r'T.
i made to the i'1d(1('r who n1 fer` t.il,`_h hid +•1..,y i,
host interest of thv city. as i.. d• t• rr:n,•,1
C 0 m m i : 1 O TI , o r the department o f r) 1_ - �. r_"_ t
d,'t,'r:TIi :I(',: 1?v t he• o f i-.'t'r,?e't' IL"r:l.li,: (•Ir(1, t
dtoyel ) 'i'1„flt anthor1t:y, as d,_tr111f1(, P•,• t'.t'• Cl'�'�:1•
;bent: auttwritv board o1. directcrs. The citv or t.. •
:n nt olo1.f- treetwirk1rl,t or thr• downtown rfe: el r
_IIIthor1 tv shall have the r�ow''r to reject all lad and
readvt'i t-1..t--1. the same :llay apply to the renpl..ctivy• f+. ''
,111 aI': rt1 omt•nt:, ai;•h11 corlt•ii:1 ai r•. -•rvat'i'T o h,
tort.40 L Ngr i' h 1 .1nri i'Otki'1' i_O1h1:1,: 11, t}11 �. c rt; t C:I S
be co:i: tr1n cl to wa1V.: the :t. :iu: re: 1rvmt ; t f
and cor.tr(t; t: of waterfront j' •evert-- ",reviled
t:11t? Charter and they Co_ie ofOrdinances of th,.. Ci of
Section 2.
The proper City officials are hereby instru::tcd
and directed to take the actions necessary for the submission cf
this "Proposed Charter Amendment NO. 3" to the electors of the City
of Miami by placing it on the ballot as CHARTER AMENDMENT .:C.3 it:
substantially the
AT""
following form:
"Shall section 53 of th
amended to provide for a
from $1,000 to $4,500 fo
contract before reauirin
tiv�r bidding; further pr
public advertisement bef
sition of any real pror'e
therein, owned by the Ci
Off -Street Parking of th
Development Authority of
Charter of
n increase
✓ any publi
g public ad
ovidina for
ore the sal
rty, includ
ty of Miami
e City of M
the City o
the City of Miami bt,
in t1•,c contract price
c work or improvement
vertisernent and rcO1 e•t1-
the requirement of
e, conveyance, or di spo-
illg leasehold interest
, the Department of
iari and the Downtown
f Miami?"
PASSED AND ADOPTED this 11th day of Jui:•
Maurice A. fer re
lc7
MAYOR
•
I2ALPFfN 0I:GJE, CITY CLERK
PREPARED AND AI'i' i?OVCU i;:
ROIlERT F. CLAI:K
ASSISTANT CITY T'fTODUI;Y'
Jj.1•: AS TO/r7`" AND CORRECTNESS:/ ,
1AMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday an
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally ap-
peared Becky Caskey, who on oath says that she is the
Assistant Director of Legal Advertising of the Miami
Review and Daily Record, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published et
Miami in Dade County, Florida; that the attached copy
of advertisement, being a Legal Advertisement or
Notice in the matter of
CITY OF MIAMI
Re: Ordinance 9052
in the .. . _. XX.X.. X ..... Court,
was published in said newspaper in the issues of
January 16, 1980
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami, in
said Dade County. Florida, and that the said newspaper
has heretofore been continuously published in said
Dade County, Florida, each day (except Saturday, Sun-
day and Legal Holidays) and has been entered as
second class mail 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 affiant further says that she has
neither paid nor promised any person, firm or corpora-
tion any discount, rebate, commission or refund for the
purpose ¢$ securing this advertisement for publication
in the saK1 newspaper
Notary Pu
(SEAL)
My Commission expires Jun
MR .67- I
7
rge
PRf
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LEGAL NOTICE
._CE1'r'ED
Fitt
C ..,'
C1 r Of
All interested will take notice that on the 10th day of January, 1 ,
the City Commission of Miami, Florida passed and adopted the follow-
ing titled ordinance:
ORDINANCE NO. 9052
AN ORDINANCE AMENDING SECTIONS 16-31 THROUGH 16-
46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY REPEALING SAID SECTIONS AND SUB-
STITUTING THEREFOR NEW SECTIONS 16-30 THROUGH
1646; PROVIDING FOR THE REQUIREMENT OF PUBLIC
ADVERTISEMENT AND OPEN -COMPETITIVE BIDDING
BEFORE THE SALE, CONVEYANCE, OR DISPOSITION OF.
ANY "RCM. PROPERTY INCLUDING LEASEHOLD
INTEREST THEREIN, OWNED BY THE CITY OF MIAMI,
THE DEPARTMENT OF OFF-STREET PARKING OF THE
CITY OF MIAMI, AND THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI; PROVIDING FOR
AUTHORIZATION TO SELL CITY PROPERTY UNDER
CERTAIN CONDITIONS, AND FOR ADVERTISING AND
SEALED BIDDING; CONDITIONALLY AUTHORIZING
PAYMENT OF A 5% REAL ESTATE COMMISSION;
PROVIDING FOR PAYMENT OF THE EXPENSE OF AN
ABSTRACT, AND FOR DISPOSITION OF SALE PROCEEDS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
RALPH G. ONGIE
CITY CLERK
CITY OF MIAMI, FLORIDA
Publication of this Notice on ttie 16 day of January 1900
1/16 M10-011651
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