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((I l d �F City of Miami 3500 Pan American Drive +.." ...... * r Miami, FL 33133 Legislation www.miamigov.com Ordinance File Number: 10-00238 Final Action Date: z O z AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ t ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/SALES OR LEASE OF CITY'S REAL PROPERTY", MORE p O 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, z CREDITS, OR OTHER REDUCTION IN PAYMENTS ON LEASES OR OTHER �¢ f w z AGREEMENTS RELATING TO THE USE OF THE CITY OF MIAMI'S REAL _j < w `- PROPERTY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR v' z AN EFFECTIVE DATE. o a m �az5 0<0 �—F�© 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 I of 3 File Id: 10-00238 (Version: 3) Printed On: 3/8/2010 /o- 00230- Le3IsLf:0 �, -- Su o 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 (iii) include, if associated with the financial statement, an auditor's opinion. *„ ., F ¢moo LU z�¢ LU ¢W� UzUW o2 �QzC� 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 Miami Page 2 of 3 File Id: 10-00238 ([version: 3) Printed On: 3/8/2010 File Number: 10-00238 APPROVED AS TO FORM AND CORRECTNESS: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT JULIE O. BRU 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. f2} 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 Fite Id: 10-00238 (Version: 3) Printed On: 3/8/2010 File Numbe&10-00238 SUBSTITUTED City of Miami Cary Hall 3500 Pan American Drive Legislation Miami, FL 33133 www,miamigov.com Ordinance Final Action Date: AN ORDI\RELATI F THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ ARTICLE THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLECE/SALES OR LEASE OF CITY S REAL PROPERTY", MORE PARTICUY AMENDING SECTION 18-176, ENTITLED "METHODS AND PROCEDSALES AND LEASES", TO REQUIRE FOUR AFFIRMATIVES VOTE OFClOMMISSION TO APPROVE DEFERRALS, ABATEMENTS, CREDITSHE EDUCTION IN PAYMENTS ON LEASES OR OTHER AGREEMELATI TO THE USE OF THE CITY OF MIAMI'S REAL PROPERTAININ SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFEATE. WHEREAS, Section 18-176 of the Code Xthe City of Miami, Florida, as amended ("City Code") provides for the methods and procedures for saAk and leases of City -owned real property; and WHEREAS, from time to time, the City of Miam "City") has considered and approved proposals from tenants and other users of City's real prope for deferrals, abatements, credits, or other reduction in payments for the use of the City's real prop for unforeseen circumstances; and WHEREAS, based on the original agreements as a roved 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 ure requests by existing or future tenants, licensees or users of City property, require afour-fifths (4/ s) affirmative vote by the entire membership of the City Commission for approval; and WHEREAS, the City Commission, after consideration to this matter de s it in the best interest of the City to amend the City Code to include City Commission procedur for approvals of such proposals; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF TH CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Ordinance alb 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 Ci ' Real Property", is amended in the following particulars:{1) "CHAPTER 18 City of Miami Page 1 oj3 File Id., 10-00238 (Version: 1) Printed On: 3!2!2010 10-00238 SUBSTITUTED FINANCE t ARTICLE V. SALES OR LEASE OF CITY'S REAL PROPERTY f Sec. 18-176. Methods aV procedures for sales. (a) Any sale, conveya e or disposition of any interest, including any leasehold in real property, owned by the city, e off-street parking department, or the downtown development authority shall be made in th anner set forth in this article, and said sale, conveyance or disposition shall be conditioned on compliance with the provisions of this article V. Nothing in this section shall be construed to aive the special requirements for leases and contracts of waterfront property provided elsewh e in this Code or in the City Charter. In order to facilitate the implementation a Citv oolicv before considerina or000sals reauirina her agreements for the use of the Citv's re%[ orooertv, including but not limited to the City Commission shall be required fora ro I of any such deferrals abatements credits or other reductions in payments. Nk Section 3. If any section, part of a section, paragraph, cse, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance sha\dafter affected. Section 4. This Ordinance shall become effective thirty (3final reading and adoption thereof,{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU CITY ATTORNEY Footnotes: Cite ofATrami Page 2 of 3 ,File Id; 10-00238 (Version: 1) Printed On; 3/7%2010 SUBSTITUTED Number: 10-00238 {1} ords/and or figures stricken through shall be deleted. Underscored words and/or figures shall be ad d. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted d unchanged material. {2} This OrdXance shall become effective as specified herein unless vetoed by the Mayor within ten days from the ate it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediXely upon override of the veto by the City Commission or upon the effective date stated herein, whi ever is later. City of Miami Page 3 of 3 File Id: 10-00238 (Version: 1) Printed On: 31212010