Ordinance 92-2783 ORDINANCE NO. 92-2783
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA RESCINDING RESOLUTION NO. 86-
18491 AND CREATING NEW PROCEDURES BY WHICH PUBLIC
PROPERTIES OWNED BY THE CITY OF MIAMI BEACH WILL BE
CONSIDERED FOR SALE AND/OR LEASE; PROVIDING FOR REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, on June 18th, 1986, the Mayor and City Commission of
the City of Miami Beach adopted Resolution No. 86-18491 which
established procedures for the sale and/or lease of C?.
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properties; and
WHEREAS, the City of Miami Beach is desirous of establishing
new standards and guidelines by which public properties shall be
considered for sale and/or lease.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DEFINITIONS:
(a) Sale: The sale of City property shall mean any
conveyance, transfer, gift, exchange or other transaction in which
legal title passes from the City to any person or entity, whether
or not the City retains any partial title, interest, reservation,
easement, right-of-way, restriction or license in regard to the
property.
(b) Lease: The lease of City property shall mean any right
to lease City property by way of agreement, irrespective of
consideration being paid to the City, and irrespective of the City
also utilizing or being allowed to utilize the property for any
purpose during the term of the lease. For purposes hereof, the
term "lease" shall not include special event permits, revokable
permits or concession agreements, convention center or T.O.P.A. use
agreements, or leases for a term of not more than one (1) year,
including option periods.
(c) Property: City property shall mean to include, but not
be limited to, any land, water, or air rights.
SECTION 2 .
Prior to the sale and/or lease of City property, the City
Commission shall hold a public hearing, advertised not less than
fifteen (15) days prior to the hearing, in order to obtain citizen
input into any proposed sale and/or lease.
SECTION 3.
In order for the City Commission and the public to be fully
apprised of all conditions relating to the proposed sale and/or
lease, the Planning Department shall prepare an analysis using the
following criteria:
1. Whether or not the proposed use is in keeping
with City goals and objectives and conforms to
the City comprehensive plan.
2 . The impact on adjacent property, including the
potential positive or negative impacts such as
diminution of open space, increased traffic,
noise level or enhanced property values,
improved development patterns and provision of
necessary services. Based on the proposed use
of the property, the City shall determine the
potential impact of the project on City
utilities and other infrastructure needs and
the magni t�.�de of !`nctc acc,nri atpd
infrastructure improvements. Should it become
apparent that further evaluation of traffic
impact is needed, the proponent shall be
responsible for obtaining a traffic impact
analysis from a reputable traffic engineer.
3 . A determination as to whether or not the
proposed use is in keeping with a public
purpose and community needs, such as expanding
the City's revenue base, reducing City costs,
creating jobs, creating a significant revenue
stream and improving the community' s overall
quality of life.
4 . Determination as to whether or not the
development is in keeping with the surrounding
neighborhood, will block views, or create
other environmental intrusions, and evaluation
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of the design and aesthetic considerations of
the project.
5. The impact on adjacent properties, whether or
not there is adequate parking, street, and
infrastructure needs.
6. A determination as to whether or not
alternatives are available for the proposed
disposition, including assembly of adjacent
properties, and whether the project could be
accomplished under a private-ownership
assembly.
7 . Within the constraints of public objectives,
the department should examine financial issues
such as job generation, providing housing
opportunities, and the return to the City for
its disposition of property.
8 . Such other issues as the Planning Department
may deem appropriate in analysis of the
proposed disposition.
SECTION 4 .
There shall be no sale or lease of City property unless there
has been an advertised public bidding process. In addition, the
sale or lease shall comply with all requirements of State, County
and City laws and regulations. For any sale or lease of City
property there shall also be an independent appraisal of the fair
market or rental value of the property. The appraiser must be
experienced in determining a reasonable return for projects of a
public/private joint venture nature. Should the purchaser or
lessee be unwilling to pay the cost of such appraisal , then any
such cost may be deducted from a bid bond or similar deposit made
in a bid process. In regard to all leases of more than five (5)
years, including option periods, the conditions of this Section 4 ,
and in regard to leases of five (5) years or less, including option
periods, the conditions of this Section 4 , and Section 2 above, may
be waived by a 5/7 vote of the City Commission upon a finding by
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the City Commission that the public interest would by served by
waiving such conditions. In regard to any sale, the conditions of
only this Section 4 may be waived upon a 5/7 vote of the City
Commission upon a finding by the City Commission that the public
interest would be served by waiving such conditions of bidding
and/or appraisal for the disposition of the property.
SECTION 5.
All costs associated with the sale or lease procedures
addressed above shall be, at the option of the City, paid by the
purchaser or lessee.
SECTION 6. REPEALER
That all ordinances, resolutions or parts of ordinances or
resolutions in conflict be and the same are hereby repealed; and
that Resolution 86-18491 is hereby repealed.
SECTION 7 . SEVERABILITY
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reason, held invalid or
unconstitutional by a 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 of this ordinance.
SECTION 8. EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption, on June 27, 1992 .
PASSED and ADOPTED this 17th day of June
1992 .
/ //
ATTEST: /
MAYOR
CITY CLERK 0 ` . 4/A/ptyy
1st reading as amended 6/3/92 0 1/
2nd reading 6/17/92
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(Sponsored by Commissioner Shapiro)
FORM APPROVED
LEGAL DEPT.
By JC-7 4
b
Date
CITY OF MIAMI BEACH err
CITY HALL 1700 CONVENTION CENTFR DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 3 36, 4- 9'Z.
DATE: May 20, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
Laurence Feingold
FROM: City Attorney
V
SUBJECT: Ordinance for Disposition of City Property
for Sale or Lease
Since 1986 the only City legislation regarding the sale or
lease of City owned property has been Resolution No. 86-18491,
which is being provided as back up for the proposed legislation
accompanying this memorandum.
In order to have meaningful laws addressing the subject of
City owned property, Commissioner Shapiro has taken the existing
resolution and strengthened it in several significant ways,
including making this a law as opposed to a policy and by requiring
a public hearing before the City Commission as opposed to an
advisory body.
The Legal Department recommends the adoption of the attached
ordinance sponsored by Commissioner Shapiro.
JCD/cnm
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