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HomeMy WebLinkAboutLegislation FR/SRFile Number: 10-00238 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/SALES OR LEASE OF CITY'S REAL PROPERTY", MORE PARTICULARLY BY AMENDING SECTION 18-176, ENTITLED "METHODS AND PROCEDURES FOR SALES AND LEASES", TO REQUIRE FOUR AFFIRMATIVES VOTE OF THE CITY COMMISSION TO APPROVE DEFERRALS, ABATEMENTS, CREDITS, OR OTHER REDUCTION IN PAYMENTS ON LEASES OR OTHER AGREEMENTS RELATING TO THE USE OF THE CITY OF MIAMI'S REAL PROPERTY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 18-176 of the Code of the City of Miami, Florida, as amended ("City Code") provides for the methods and procedures for sales and leases of City -owned real property; and WHEREAS, from time to time, the City of Miami ("City") has considered and approved proposals from tenants and other users of City's real property for deferrals, abatements, credits, or other reduction in payments for the use of the City's real property for unforeseen circumstances; and WHEREAS, based on the original agreements as approved by the City Commission, said approvals may represent less revenue to the City; and WHEREAS, it is in the City's best interest to ensure that any future requests by existing or future tenants, licensees or users of City property, require a four-fifths (4/5ths) affirmative vote of all the duly elected or appointed members of the commission for approval; and WHEREAS, the City Commission, after consideration to this matter deems it in the best interest of the City to amend the City Code to include City Commission procedures for approvals of such proposals; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2, Chapter 18/Article V, of the City Code, entitled "Finance/Sales or Lease of City's Real Property", is amended in the following particulars:{1} City of Miami Page 1 of 3 File Id: 10-00138 (Version: 3) Printed On: 3/812010 City of Miami Legislation www,miamigov.com Ordinance File Number: 10-00238 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/SALES OR LEASE OF CITY'S REAL PROPERTY", MORE PARTICULARLY BY AMENDING SECTION 18-176, ENTITLED "METHODS AND PROCEDURES FOR SALES AND LEASES", TO REQUIRE FOUR AFFIRMATIVES VOTE OF THE CITY COMMISSION TO APPROVE DEFERRALS, ABATEMENTS, CREDITS, OR OTHER REDUCTION IN PAYMENTS ON LEASES OR OTHER AGREEMENTS RELATING TO THE USE OF THE CITY OF MIAMI'S REAL PROPERTY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 18-176 of the Code of the City of Miami, Florida, as amended ("City Code") provides for the methods and procedures for sales and leases of City -owned real property; and WHEREAS, from time to time, the City of Miami ("City") has considered and approved proposals from tenants and other users of City's real property for deferrals, abatements, credits, or other reduction in payments for the use of the City's real property for unforeseen circumstances; and WHEREAS, based on the original agreements as approved by the City Commission, said approvals may represent less revenue to the City; and WHEREAS, it is in the City's best interest to ensure that any future requests by existing or future tenants, licensees or users of City property, require a four-fifths (4/5ths) affirmative vote of all the duly elected or appointed members of the commission for approval; and WHEREAS, the City Commission, after consideration to this matter deems it in the best interest of the City to amend the City Code to include City Commission procedures for approvals of such proposals; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2, Chapter 18/Article V, of the City Code, entitled "Finance/Sales or Lease of City's Real Property", is amended in the following particulars:{1} City of Miami Page 1 of 3 File Id: 10-00138 (Version: 3) Printed On: 3/812010 File Number. 10-00238 "CHAPTER 18 FINANCE ARTICLE V. SALES OR LEASE OF CITY'S REAL PROPERTY Sec, 18-176. Methods and procedures for sales. (a) Any sale, conveyance or disposition of any interest, including any leasehold in real property, owned by the city, the off-street parking department, or the downtown development authority shall be made in the manner set forth in this article, and said sale, conveyance or disposition shall be conditioned upon compliance with the provisions of this article V. 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. In order to facilitate the implementation of a City policy before considering proposals requiring deferrals, abatements, credits or other reductions in payments to the City for leases and any other agreements for the use of the City's real property, including but not limited to license agreements, permits, use agreements and other related agreements, four affirmative votes of the City Commission shall be required for approval of any such deferrals, abatements, credits or other reductions in payments. Before the city considers proposals requiring deferrals, abatements, credits or other reductions in payments to the City for leases and any all other agreements for the use of the City's real property, the Lessee or party using the city's property shall provide an audited financial statement. Audited financial statements shall: (i) be prepared in accordance with generally accepted accounting principles (GAAP) in the United States: (ii) be complete and include all notes to the statements and any auditor's reports associated with the audited financial statements: and NO include, if associated with the financial statement, an auditor's opinion. *1 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.(2) City of Mian Page 2 of 3 Fite Id: 10-00238 (Version: 3) Printed On: 3/8/2010 File Number- 10-00238 APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRW CITY ATTORNEY Footnotes: {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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id. 10-00238 (Version: 3) Printed On: 3/8/2010