Ordinance 89-2662 ORDINANCE NO. 89-2662
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE "CODE OF
THE CITY OF MIAMI BEACH, FLORIDA", BY ADDING
A NEW CHAPTER 9D ENTITLED "DEVELOPMENT
AGREEMENT APPROVAL PROCEDURES", AND
ESTABLISHING PROCEDURES AND REQUIREMENTS FOR
CONSIDERATION OF AND ENTRANCE INTO A
DEVELOPMENT AGREEMENT WITH ANY PERSON HAVING
A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY
LOCATED WITHIN THE CITY'S JURISDICTION;
PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
WHEREAS, the Florida Legislature has authorized the use of
development agreements by adopting the Florida Local Government
Development Agreement Act of 1986 (hereinafter the "Act") ; and
WHEREAS, pursuant to the reasons set forth in such Act, it is
in the best interest of the City and of private property owners to
inform the public of the procedures by which development agreements
may be approved; and
WHEREAS, the procedures set forth in the Act are compatible
with the existing City regulations governing development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
Section 1. That the Code of the City of Miami Beach, Florida
is hereby amended by adding a new Chapter 9D entitled "Development
Agreement Approval Procedures" to read as follows:
"Development Agreement Approval Procedures
The City Commission shall have authority
to enter into a development agreement with any
person having a legal or equitable interest in
real property located within the City's
jurisdiction if (1) the development agreement
meets all of the requirements of the Florida
Local Government Development Agreement Act, (2)
Such agreement shall have been considered by
the City Commission after two public hearings;
at the option of the City commission one of
the public hearings may be held by the City of
Miami Beach Planning Board and approved by the
City Commission at the second such hearing or
thereafter; and (3) notice of such public
hearings shall have been given in
1
accordance with the Florida Local Government
Development Agreement Act of 1986. "
Section 2 . The provisions of this ordinance shall be liberally
construed to effectively carry out its purpose in the
interest of the public health, safety, welfare and convenience.
Section 3 . Repealer. All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed
to the extent of such conflict.
Section 4 . Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is, for any reason,
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portions or application of this
ordinance.
Section 5. Effective Date. This ordinance shall take effect
ten (10) days after adoption, on September 30 , 1989 .
PASSED and ADOPTED this 20th = py p September 1989 .
AL
MAYViR
ATTEST:
6-46,/
CITY CLERK
1st reading 9/6/89 FORM APPROVED
2nd reading 9/20/89
LEGAL DEPT.
Date 06/Y
2
OFFICE OF THE CITY ATTORNEY
62,4 ercomme
F L O R I D A imur
;.�P�1 e,C1,,
•„,icocn *;
ARNOLD M.WEINER P.O.BIN 190000
CITY ATTORNEY I'y7,PCN ���!?- MIAMI BEACH,FLORIDA 33°
7/ � TELEPHONE: 673-7470
COMMISSION MEMORANDUM
September 6, 1989
TO: MAYOR ALEX DAOUD and
MEMBERS OF THE CITY COMMISSION
FROM: ARNOLD M. WEINERs/�
CITY ATTORNEY
SUBJECT: ADDITION OF CHAPTER 9D - DEVELOPMENT AGREEMENT APPROVAL
PROCEDURES - CITY OF MIAMI BEACH
Chapter 9D of the Code of the City of Miami beach is
being added pursuant to the Florida Local Government
Development Agreement Act of 1986 (hereinafter the
"Act") . According to the Act, it is in the best interest
of the City and of private property owners to inform the
public of the procedures by which development agreements
may be approved.
AMW/LAG/nn
31
AGENDA
ITEM_ �^
DATE - -
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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