HomeMy WebLinkAboutPre-LegislationFile Number: 15-00654
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/10/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FINANCE," BY CREATING ARTICLE XI ENTITLED "LEASES OR MANAGEMENT
OF CITY -OWNED PROPERTY GENERALLY AND LEASES Of CITY -OWNED
SUBMERGED LANDS," AND ARTICLE XII ENTITLED "TIME LIMITATIONS
REGARDING DEVELOPMENT OF IMPROVEMENTS TO CITY -OWNED
PROPERTY" TO IMPLEMENT THE PROVISIONS OF CITY CHARTER
AMENDMENTS ADOPTED BY THE VOTERS ON AUGUST 26, 2014, WHICH
REQUIRED THE CITY TO ADOPT METHODS TO ADMINISTER (A) CITY -OWNED
PROPERTY SALE OR LEASE -GENERALLY, AND (B) CERTAIN LEASES OR
MANAGEMENT AGREEMENTS OF CITY -OWNED SUBMERGED LANDS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 3(f)(i) of the Charter of the City of Miami ("Charter"), grants the City of
Miami ("City") the power to acquire by purchase, gift, devise, condemnation, or otherwise, real or
personal property or any estate or interest therein, inside or outside the City, for any purposes of the
City; and to improve, sell, lease, mortgage, pledge, manage, or otherwise dispose of such property or
any part thereof; and
WHEREAS, the City has, over its history, acquired fee simple title to a significant amount of
uplands and submerged lands; and
WHEREAS, both for the August 26, 2014 City special election (a) on May 8, 2014, the City
Commission adopted Resolution R-14-0184, approving, setting forth, and submitting to the electorate
a proposed amendment to Section 29-B of the Charter, to "allow the City to enter into leases or
management agreements, for City -owned submerged lands (lands under water including bay
bottoms), with entities having possessory or ownership interest in abutting uplands (lands bordering
water) to build marinas, docks or like facilities, using methods adopted by ordinance, on the condition
that such leases or management agreements result in a return to the City of at least fair market value";
and (b) on June 12, 2014, the City Commission adopted Resolution R-14-0225, approving, setting
forth, and submitting to the electorate an additional proposed amendment to Section 29-B of the
Charter to require additional voter referendum approval for a development on City -owned property
where the developer has not obtained the necessary building permits within four (4) years of the
effective date of the lease with force majeure and litigation exceptions"; and
WHEREAS, on August 26, 2014, the City's residents voted to approve both of the
above -referenced Charter amendments to Section 29-B in a special election; and
WHERES, pursuant to Resolution R-14-0341, the City Commission on September 11, 2014,
officially accepted the City's Clerk's certification of the canvass and declaration of the results of the
City special election held on August 26, 2014; and
City of Miand Page 1 of 7 File Id: 15-00654 (Version: 2) Printed On: 1115/2015
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Legislation
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Ordinance: 13540
File Number: 15-00654
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/10/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FINANCE," BY CREATING ARTICLE XI ENTITLED "LEASES OR MANAGEMENT
OF CITY -OWNED PROPERTY GENERALLY AND LEASES Of CITY -OWNED
SUBMERGED LANDS," AND ARTICLE XII ENTITLED "TIME LIMITATIONS
REGARDING DEVELOPMENT OF IMPROVEMENTS TO CITY -OWNED
PROPERTY" TO IMPLEMENT THE PROVISIONS OF CITY CHARTER
AMENDMENTS ADOPTED BY THE VOTERS ON AUGUST 26, 2014, WHICH
REQUIRED THE CITY TO ADOPT METHODS TO ADMINISTER (A) CITY -OWNED
PROPERTY SALE OR LEASE -GENERALLY, AND (B) CERTAIN LEASES OR
MANAGEMENT AGREEMENTS OF CITY -OWNED SUBMERGED LANDS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 3(f)(i) of the Charter of the City of Miami ("Charter"), grants the City of
Miami ("City") the power to acquire by purchase, gift, devise, condemnation, or otherwise, real or
personal property or any estate or interest therein, inside or outside the City, for any purposes of the
City; and to improve, sell, lease, mortgage, pledge, manage, or otherwise dispose of such property or
any part thereof; and
WHEREAS, the City has, over its history, acquired fee simple title to a significant amount of
uplands and submerged lands; and
WHEREAS, both for the August 26, 2014 City special election (a) on May 8, 2014, the City
Commission adopted Resolution R-14-0184, approving, setting forth, and submitting to the electorate
a proposed amendment to Section 29-B of the Charter, to "allow the City to enter into leases or
management agreements, for City -owned submerged lands (lands under water including bay
bottoms), with entities having possessory or ownership interest in abutting uplands (lands bordering
water) to build marinas, docks or like facilities, using methods adopted by ordinance, on the condition
that such leases or management agreements result in a return to the City of at least fair market value";
and (b) on June 12, 2014, the City Commission adopted Resolution R-14-0225, approving, setting
forth, and submitting to the electorate an additional proposed amendment to Section 29-B of the
Charter to require additional voter referendum approval for a development on City -owned property
where the developer has not obtained the necessary building permits within four (4) years of the
effective date of the lease with force majeure and litigation exceptions"; and
WHEREAS, on August 26, 2014, the City's residents voted to approve both of the
above -referenced Charter amendments to Section 29-B in a special election; and
WHERES, pursuant to Resolution R-14-0341, the City Commission on September 11, 2014,
officially accepted the City's Clerk's certification of the canvass and declaration of the results of the
City special election held on August 26, 2014; and
City of Miand Page 1 of 7 File Id: 15-00654 (Version: 2) Printed On: 1115/2015
File Number: 15-00654 Enactment Number: 13540
WHEREAS, the Section 29-B of the Charter with both additions approved by the voters now
reads:
"amendment requires that methods be adopted by ordinance to administer leases or
management agreements for any City -owned submerged lands as contemplated in the Charter
provision"; and "requires additional voter referendum approval for a development on City -owned
property where the developer has not obtained the necessary building permits within four (4) years of
the effective date of the lease";
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 fully set forth in this Section.
Section 2. Chapter 18 of the Code of the City of Miami, Florida, entitled "Finance," is hereby
amended to add the following Articles, entitled "Leases of City -Owned Submerged Lands," and "Time
Limitations regarding development of improvements to City -owned property", in the following
particulars {1):
"CHAPTER 18
FINANCE
ARTICLE XI. LEASES OF CITY -OWNED SUBMERGED LANDS
Sec. 18-600. Statement of Purpose.
The purpose of this article is to provide the methods for the City to directly negotiate and enter
into leases or management agreements for City -owned submerged lands with entities having a
possessory or ownership interest in the abutting riparian uplands. These methods and procedures will
also ensure that any such leases or management agreements result in a return to the City of at least
fair market value and will also be in compliance with Article XII below regarding time limitations for the
development of improvements on City -owned property.
Sec. 18-601. Definitions.
When used in this article, the following definitions shall apply:
(a) Activity or Activities means any use of City -owned submerged lands which requires
Proprietary authorization from the City. Such activities specifically include, but are not limited to,
construction of docks, piers, marinas, boat ramps, board walks, baywalks, riverwalks, and mooring
pilings, This definition shall also include activities as defined in the applicable section of the Florida
Administrative Code, Chapter 18-21, entitled "Sovereign Submerged Lands Management," as the term
may have been interpreted or modified by administrative or other case law.
Preempted Area means an area of City -owned submerged lands from which any traditional
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File Number; 15-00654 Enactment Number: 13540
public uses will be excluded by an Activity, such as the area occupied by docks, piers, marinas and
other structures; the area between a dock and the shoreline where access is not allowed between
docks, or areas where mooring routinely occurs that are no longer reasonably accessible to the
general public; permanent mooring areas not associated with docks; and swimming areas enclosed bar
nets, buoys, or similar marking systems.
Upland Owner means the holder of a possessory or ownership interest in the riparian
uplands abutting City -owned submerged lands and the holder of riparian rights necessary to conduct
the proposed Activities in a Preempted Area.
Sec. 18-602. Scope of Article.
The City may enter into a lease or management agreement with an Upland Owner to
conduct an Activity in a Preempted Area pursuant to methods established in this Article and in
compliance with Article XII below regarding time limitations for the development of improvements on
City -owned property. There shall be no further proprietary authorization required by the City for the
articularly City Commission approved Upland Owner to conduct an Activity in a Preempted Area as
long as such Activity in a Preempted Area continues to comply with Article XII below, regarding time
limitations for the development of improvements on City -owned property, and the approved Upland
Owner remains the same.
The methods established in this article are intended to be an alternative procedure to those
set forth in Article V of this Chapter, entitled "Sale Or Lease Of City's Real Property," for those cases
in which an Upland Owner seeks to conduct an Activity on City -owned submerged lands. For all other
cases, the procedures and provisions set forth in Article V of this Chapter, and elsewhere in the Code
and Charter of the City, shall continue to apply.
c�The methods established in this article shall not supersede any local, state, or federal
regulations or laws relating to construction or navigation within state or federal waters, nor shall this
article be interpreted in any way to alter, amend, or supersede any local, state, or federal permitting
requirements. The provisions of this article shall be used solely for proprietary authorization on
City -owned submerged lands, and will be cumulative along with those regulatory or proprietary
requirements established by local, state, or federal law.
Sec. 18-603. Application for Lease or Management Agreement.
The City shall require all Upland Owners to submit an application for a lease or management
agreement on City -owned submerged lands, which shall include the following:
La� Name, address, and telephone number of applicant and applicant's authorized agent if applicable;
Lb Description of the proposed Activities;
At least two (2) independent appraisals and/or brokers' opinions of value and reliance letters of the
fair market value for conducting the Activities in the Preempted Area performed by a certified general
appraiser approved by the City.;
Satisfactory evidence that applicant is an Upland Owner; such evidence may be in the form of a
deed or title insurance Dolicv:
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Two (2) prints of a legal description and survey of the proposed Preempted Area where the
Activities will be conducted. The survey shall be prepared, signed, and sealed by a person properly
licensed by the State Florida Board of Professional Land Surveyors, with the following requirements:
Utilizing an appropriate scale on 8'/2 x 11" size paper (unless a larger size is necessary to
provide sufficient clarity and detail);
ii Showing the location of ordinary or mean high water;
LE Showing the location of the shoreline vegetation, if existing;
iv Showing the location of proposed structures and any existing structures;
(v), Showing the applicant's upland parcel property lines;
yi Including a legal description of the Preempted Area to be leased;
vii Showing the Bulkhead Line.
Current local zoning and a statement on the status of any local, state, federal permitting, licensing,
or other approvals necessary for the Activities;
Lcl) An explanation of the City's ownership interest in the submerged lands proposed to accommodate
the Activities, including the deed or other conveyance instrument which vests title in such submerged
lands to the City.
Payment of a five hundred dollar ($500.00) non-refundable processing fee.
Sec. 18-604. Required Provisions.
The application materials, including the survey, the appraisals, brokers' opinion of values and
reliance letters, and title insurance policy, must be current to within six (6) months of the date that the
application is submitted.
Sec. 18.604. Required Provisions.
All leases or management agreements with Upland Owners on City -owned submerged lands shall be
subject to the following provisions:
The effective date of the lease or management agreement shall be the latter of the dates of
execution by the City or the Upland Owner, or the date on which construction of the Activities is
authorized to commence by the appropriate federal, state, and/or local regulatory agencies. Payments
for a lease or management agreement shall be assessed beginning on the effective date. New
construction, new Activities, or new Preemption cannot begin until the effective date. The first
payment for new or modified leases or management agreements shall be made within thirty (30) days
of the effective date.
The term for any instrument for use of the submerged lands used by the abutting upland property
owner shall be determined by the City. The lease or management agreement may include provisions
for annual payment adjustments. If included, such adjustments shall correspond with the greater of
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File Number: 15-00654 Enactment Number: 13540
the percentage change in the Consumer Price Index, or a percentage negotiated by both parties and
shall be adjusted on an annual basis.
(c) Leases and management agreements may be renewable, modifiable, and amended, subject to
approval by the City Manager, which shall not be unreasonably withheld delayed or conditioned. In
accordance with Article XII, assignments shall require City Commission approval should the Upland
Owner change; however referendum requirements are not applicable. Any Upland Owner seeking to
renew, modify, or assign a lease or management agreement must follow the procedures for
applications as set forth in this article. No application to renew, modify, or assign a lease or
management agreement shall be approved unless any existing non-compliance with a material term or
condition of the existing lease or management agreement is corrected.
At least annually, the lessee or user shall submit an annual report to the City. The annual report
shall describe the status of the Activities on the Preempted Area and shall certify compliance with the
terms and conditions of the lease or management agreement and of the requirements of this Article
and Article XII regarding time limitations for the development of improvements on City -owned property.
At least once every five (5) years, sites subject to a lease or management agreement shall be
inspected by the City to determine compliance with the terms and conditions of the lease or
management agreement and of this Article and Article XII regarding time limitations for the
development of improvements on City -owned property. Noncompliance with any material term or
condition, or evidence of trespass, damage, or depredation to City -owned submerged Lands or the
products thereof caused by the facility or use, may be grounds for cancellation of the lease or
management agreement.
Upon expiration or cancellation of a lease or management agreement, the City may require Lessee
or user to remove all structures and equipment from the Preempted Area at the expense of the lessee
or user. The City must deliver notice to remove all structures and equipment within one hundred
eighty (180) days after such expiration or cancellation, and the notice shall set forth a reasonable time
period within which removal should be complete; provided however that any such time period shall be
sufficient to account for federal, state, and/or local permitting requirements which may be necessary to
authorize removal of the structures and equipment. If the lessee or user fails to remove the structures
and equipment thereon, the City shall, at its option, and after ten (10) days from receipt of written
notice by certified mail to lessee or user, have the structures and equipment removed at the expense
of the lessee or user.
Lc� The Lessee or user shall provide insurance for the Activities in the manner and at the level
prescribed by the City's Director of Risk Management.
Sec. 18-605. Criteria for Approval.
The City Manager shall have the authority to conduct negotiations with and enter into leases or
management agreements with Upland Owners who submit an application pursuant to the terms of this
Article and pursuant to the terms of Article XII regarding time limitations for the development.of
improvements on City -owned property. The City Manager shall present the terms and conditions of
such leases or management agreements to City Commission for approval and the authority to execute
such Leases or management agreements in the name of the City. No leases or management
agreements shall be approved unless the following criteria are met:
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La The lease or management agreement provides a sufficient explanation of the Activities permitted
and includes a legal description and sketch of the Preempted Area where the Activities will be
conducted; and
The terms of the lease or management agreement result in a return to the City of at least fair
market value, pursuant to at least two (2) independent appraisals and/or brokers' opinions of value and
reliance letters of the fair market value for conducting the Activities in the Preempted Area performed
by a certified general appraiser approved by the City; and
L The lease or management agreement complies with all of the required provisions stated in this
Article and in Article XII regarding time limitations for the development of improvements on City -owned
property_.
ARTICLE XII. TIME LIMITATIONS REGARDING DEVELOPMENT OF IMPROVEMENTS TO
CITY -OWNED PROPERTY
Sec. xx-xxx.
The purpose of this Article is to provide protections for the timely use and development of
improvements to City -owned property.
Any lease for the development of improvements on City -owned property which has been approved by
voter referendum shall require additional voter referendum approval for a development on City -owned
Property where the developer has not obtained the necessary building permits within four (4) years of
the effective date of the lease. Such section shall not be applicable when the delay in the performance
of any obligation is as a result of force maieure, or litigation that questions the validity of the vote or
the City Commission action to place the question for referendum; then the performance of such
obligation shall be extended by the length of the delay.
Sec. xx-xxx.
Pursuant to Article XI above, leases and management agreements with the Upland Owner for Activities
in Pre-empted City -owned submerged lands shall not require the necessity of a referendum but shall
be subject to all the requirements of this Article regarding time limitations for the development of
improvements on City -owned property.
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}
Footnotes:
City of Miami Page 6 of 7 File Id. 15-00654 (Version: 2) Printed On: 11/512015
File Number. 15-00654
Enactment Number: 13540
{1) Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remains of the provisions are now if effect and remain unchanged. Asterisks
indicate omitted and unchanged materials.
{2} This Ordinance shall become effective as specified as herein unless vetoed by the Mayor
within ten (10) 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 7 of 7 File Irl: 15-00654 ([version: 2) Printed Ott: 11/5/2015
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Master Report
Attachments: 15-00654 Summary Form FR.pdf,1.5-00654 Summary Form SR.pdf,15-00654 Back -Up from Law Dept.
FR/SR.pdf,15-00654 Legislation FR/SR.pdf,
Enactment Number: 13540
File Number: 15-00654 File Type: Ordinance. Status: Passed
Version: 2
Reference:
File Name: Amend Code - Submerged Lands
Controlling Body: Office of the City
Cleric
Introduced: 5/11/2015
Requester: Department of Real Estate and Cost: Final Action: 9/10/2015
Asset Management
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY CREATING
ARTICLE XI ENTITLED "LEASES OR MANAGEMENT OF CITY -OWNED PROPERTY
GENERALLY AND LEASES OF CITY -OWNED SUBMERGED LANDS, AND ARTICLE XII
ENTITLED "TIME LIMITATIONS REGARDING DEVELOPMENT OF IMPROVEMENTS TO
CITY -OWNED PROPERTY' TO IMPLEMENT THE PROVISIONS OF CITY CHARTER
AMENDMENTS ADOPTED BY THE VOTERS ON AUGUST 26, 2014, WHICH REQUIRED THE
CITY TO ADOPT METHODS TO ADMINISTER (A) CITY -OWNED PROPERTY SALE OR
LEASE -GENERALLY, AND (B) CERTAIN LEASES OR MANAGEMENT AGREEMENTS OF
CITY -OWNED SUBMERGED LANDS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Sponsors:
Notes:
Indexes:
Attachments: 15-00654 Summary Form FR.pdf,1.5-00654 Summary Form SR.pdf,15-00654 Back -Up from Law Dept.
FR/SR.pdf,15-00654 Legislation FR/SR.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To: Due Date: Return Date: Result:
I Office of the City
6/11/2015 Reviewed and
Attorney
Approved
1 City Commission
7/23/2015 PASSED ON FIRST Pass
READING
2 Office of the City
9/10/2015 Reviewed and
Attorney
Approved
Action Note:
MODIFICATIONS MADE ON SECOND READING
2 City Commission
9/10/2015 ADOPTED WITH Pass
MODIFICATIONS
2 Office of the Mayor
9/18/2015 Signed by the Mayor Office of the City
Clerk
2 Office of the City Clerk
9/18/2015 Signed and Attested
by City Cleric
City of Miami Page 1 Printed on 111512015