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92-2783 Ordinance 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 OW-SED BY THE CITY OF MIAMI BEACH WILL BE CONSIDERED FOR SALE AND/OR LEASE; PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. i I I WHEREAS, on June 18th, 1986, the Mayor and City commi~Jion of the City of Miami Beach adopted Resolution No. 86-18491 which established procedures for the sale and/or lease of City 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 magnitude of costs associated ~.,i th needed 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 2 of the design and aesthetic considerations of the project. 5. The impact on adjacent properties, whether or not thera 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 3 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, PASSED and ADOPTED this 1992. ATTEST: i~r:iLa~cll7. IJuznVjJ~ ?lu~tt.ll;r J....JlaVl!eU CITY CLERK Il)il~ (f 1st reading as amended 6/3/92 2nd reading 6/17/92 JCD/ cnm misc4 a:ord11-25.jcd (Sponsored by Commissioner Shapiro) FORM APPROVED LEGAL DEPT. By -:1c. ') Date b - /1 ~ C} l-- 4 . "c IT Y 0 F MIAMI BEACH CITY HAll 1700 CONVENTIONCENTFR DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM TELEPHONE: <<305) 673-7010 FAX: <<305) 673-7712 No.3 3'- 92. OFFICE OF THE CITV MANAGER DATE: May 20, 1992 FROM: Mayor Seymour Gelber and Members of the City Commission Laurence Feingold ''''-~/ ~. _/J ~ .., City Attorney ~. r~~ TO: SUBJECT: Ordinanoe for Disposition of City Property for Sale or Lea.e 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 misc4a:salelease.cm 28 AGENDA -R ~ _('1 ITEM - .~ DATE b-l=.J-C)2