HomeMy WebLinkAboutBack-Up DocumentCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Erick Hurtado, Senior Project Representative
Department of Real Estate & Asset Management - COM
FROM: Rafael Suarez -Rivas, Division Chief of Land Use/Transac
DATE: November 17, 2017
RE: Makaira - Acceptance of Donation - Reconstruction of Maxine
Stadium
Matter ID No.: 17-2940
You have requested that we provide counsel on substantially the following issue of municipal
law. Please note, the following informal legal opinion is issued based on the specific set of facts
provided herein, and should not be construed or applied in a general manner.
A DONATION IN THE SUM OF $25,000 HAS BEEN RECEIVED FROM
MAKAIRA (THE "DONOR") DESIGNATED FOR THE COMMODORE
RALPH MUNROE MARINE STADIUM. FUNDS ARE TO BE ALLOCATED
TO THE RECONSTRUCTION OF MARINE "STADIUM FOR PUBLIC
BENEFIT AND USE. THE DONOR HAS REQUESTED A CERTIFICATE
FROM THE CITY ACKNOWLEDGING THE DONATION FOR TAX
PURPOSES.
As you correctly point out, under Section 18-115 of the City of Miami's Code, the City
Manager is authorized to accept the donations of goods and services not exceeding $25,000.00.1
Under the City of Miami's Charter, the City of Miami may accept gifts.2 Secondly, you ask what
steps the Department of Real Estate and Asset Management is required to undertake to process the
donation of the check.
This donation consists of money. Money is tangible or intangible property, the authorities
differ, but it is not goods or services. This donation does not consist of goods and/or services. The
City Manager does not have delegated authority under the Code to accept gifts of money. Moreover,
the reference to accepting gifts in the Charter refers to the City of Miami. The City without further
description has recurrently been held to mean the City Commission unless another law or regulation
specifies some other officer. The past practice, with both monetary donations and gifts, was to place
the item on the City Commission consent agenda for approval. Consequently, the Donor would be
given a certified copy of the City Commission Resolution acknowledging their generous gift of
$25,000 in funds to the City of Miami, a Florida municipality, to be used solely for the above stated
public benefit purposes.
1 Sec. 18-115. Acceptance of donations (excerpt from the City of Miami Procurement Code). The city manager is authorized to
accept the donation of goods and services up to an estimated value of $25,000.00 on behalf of the city.
2 Section 3(f) (I), City Charter (excerpt). The City of Miami shall have power to: (i) To acquire by purchase, gift, devise,
condemnation or otherwise, real or personal property or any estate or interest therein, inside or outside the city...
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