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Ordinance: 13151
File Number: 10-00238
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/8/2010
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 Miand Page 1 of 3 File Id. 10-00238 (Version: 3) Printed On: 7/24/2017
File Number: 10-00238
Enactment Number: 13151
"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.
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 Miand Page 2 of 3 File Id. 10-00238 (Version: 3) Printed On: 7/24/2017
File Number: 10-00238
Footnotes:
Enactment Number: 13151
{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: 7/24/2017