2002-3372 ORD
ORDINANCE NO._200~;33Z2
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ENTITLED "ADMINISTRATION," CREATING CODE
SECTION 2-315 ENTITLED "SURPLUS STOCK--TRANSFER, SALE,
AUCTION, EXCHANGE, TRADE AND DONATION"; PROVIDING FOR
REPEALER INCLUDING REPEAL OF CODE SECTION 2-342 ENTITLED
"SURPLUS STOCK"; PROVIDING FOR SEVERABILITY;
CODIFICATION; AND EFFECTIVE DATE.
WHEREAS, from time to time the City has surplus property which would be in the best
interest of the City to donate to other government agencies or not-for-profit organizations serving
a charitable or public purpose; and
WHEREAS, currently there are no provisions in the City Code which provide for the
donation of surplus property; and
WHEREAS, pursuant to Chapter 274 of the Florida Statutes, and legal authorities
interpreting same, the City may dispose of surplus property provided it has established procedures
therefor.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1.
That Miami Beach City Code Chapter 2 entitled "Administration" is hereby amended by the
creation of Section 2-315 entitled "Surplus Stock-- Transfer, Sale and Donation" to read as follows:
Section 2-315. Surplus Stock-Transfer. Sale. _ and Donation
W Submittal to City Manager or his desi'{1lee. All City d~artments shall submit to the
City Mana~er or his designee. at such times and in such form as the City Mana~er or his designee
shall prescribe. r~orts showin~ all sUlPlus stock (i.e.. all suwlies. materials and/or equipment) that
are no lon~er used or that have become obsolete. worn out or scrap'ped,
ill Transfer. The City Manager or his designee shall have the authority to transfer
sm:plus stock to other City de.partments,
W . The City Manager or his designee shall have the authority to sell
all sm:plus stock that has become unsuitable for public use. Sales under this section shall be made
to the hi~est reiWonsible bidder and in conformance with competitive conditions.
W Donations. The City Manager or his designee shall have the authority to donate
sm:plus stock to another governmental entity. agency. or not-for-profit organization without placing
the sm:plus stock for public sale if the donation serves a charitable or public pm:pose. the donation
is in the best interest of the City. and the value does not exceed _$25.000. In
such case. the City Manager shall. after the fact. disclose _ the value.
condition. intended use of the sm:plus stock. and the manner in which the donation serves the best
interest of the City. Donations with a _ value in excess of $25.000 must be ap.proved by
the City Commission, In such latter case. prior to donation. the City Mana~er shall disclose the
value. condition. intended use of the sm:plus stock. and the manner in which the donation serves the
best interest of the City,
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed. In this regard, the following Code Section 2-342 entitled "Surplus Stock" is accordingly
repealed:
SediGD 2~J42. Sa. piGS Stt"k
(a) Subll"atul tv }/' 0["", tille-,ll JiJ r:a..L(", . All u.$lnA c\gcnGiGs shaH bu.bmit to the.
plOGa1GIHGM d:i1cGtc,r, at SIKh htJ:lGS and in sneh form as he, shall pre5erroG, rcpo.t5 shol'l'':''I.S !>rocks
of all that ate 110 Ions". nSGd or that honG bCGo...G ob'!'oktG, I'I'OHl out or 5Glc!.ppcd.
(b) T, all.,!.:;, . The, plocmcmcnt diIc'Gtor sha:ll have, the, atdholity to transfer smpms
stoGk to other uslt~~ agcnc,iGS
(G) The. plocmemcnt ditcet6. shafl hlnG th.:, autl16Iity to sdl aillnatcrim of a lAlde, not
eXGc.:,din& $10,080.00 that has bc~omG nnsuitabk EOI publie. llse, 01 to eXGhange, tite. sm\(, fOl, 01
trade in the, same 611, nc,~ material. 3m"s nndc. tins sectiotl shaH be, made. to the. highest le~usibk
bidd"l and in confutlllanGe ?4 itl1 G01I:l.petiti v e G6nditions. Smes of matcricrl of a valae. in exc.:,ss of
$3,000.SS and not Gxce,cdill~ $10,80S.0S "liaR require, AW10vaf of ate. city nlanagcr, 01 his dGsignc,e.
Saks in e,xc"ss of$HI,008.0S shailrcquite applovm ofthe.dt.Y eonwissioll.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder
shall not be affected by such invalidity,
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis Ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section," article," or
other appropriate word,
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 29th day of
June
,2002.
PASSED AND ADOPTED this 19th dayof
,2002.
MAYOR
ATTEST:
~r PW-~
CITY CLERK
F:\ATTO\TUJ.N'ORJXNANC'OONAT1N6.ORD
APPROVEDMlO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY ~ven thet pu~lc hearings will be held by the Mayor and City Commission 01 the City of M~mi Beech, Aoride, in the Commission Chambers, 3rd floor,
City Hell, 1700 Convention Center Drive, Miemi Beech, Aoride, on Wedneedey, June 19, 2002, at the times lIated below, to consider the follOwing on lirstreading:
at 11:DOa,m.:
AN ORDINANCE AMENDING CHAPTER 30 OF THE MIAMI BEACH CITY CODE ENTITLED "CODE ENFORCEMENT' TO PROVIDE FOR THE ENFORCEMENT OF
COUNTY CODES: PROVIDING FOR A REPEALER; SEVERABILITY; CODIFICATION AND EFFECTIVE DATE.
Inquiries may be dimcted to the Code Complue at (305) 673-7555.
11:05 Lm.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED 'ADMINISTRATION,' CREATING CODE SECTION 2.315 ENTITLED 'SURPLUS
STOCK-TRANSFER, SALE AND DONATION'; PROVIDING FOR REPEALER INCLUDING REPEAL OF CODE SECTION 2.342 ENTITLED 'SURPLUS STOCK";
PROVIDING FOR SEVERABIUTY; CODIFICATION; AND EFFECTIVE DATE.
Inquiries may be .dimcted to the Lege! Department et (305) 673.7470.
at 11:10 Lm.:
AN ORDINANCE AMENDING ORDINANCE NO. 7B9, THE CLASSIFIED EMPLOYEES' SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FlORIDA, PROVIDING
FOR THE GROUP V CLASSIFICATIONS, THOSE BEING THE CLASSIFICATIONS COVERED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA
(GSAI, LOCAL 100, IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT; RETROACTIVELY INCREASING THE MINIMUM AND THE MAXIMUM OF THE SAlARY
RANGES BY 4% AND INCREASING THE SALARY OF EACH EMPLOYEE BY 4% FROM THE FIRST PAY PERIOD ENDING IN OCTOBER 2001 AND INCREASING THE
MINIMUM AND THE MAXIMUM OF THE SAlARY RANGES BY 4%, AND INCREASING THE SAlARY OF EACH EMPlOYEE BY 4% TO BE APPLIED AS OF THE FIRST
PAY PERIOD ENDING IN OCTOBER 2002; AMENDING THE SALARY RANGES OF THE CLASSIFICATIONS SPECIAED IN THE NEGOTIATED AGREEMENT;
PROVIDING FOR A REFEALER, SEVERABILITY, CODIACATlON, AND EAAECTlVE DATES.
Inquiries may be dimcted 10 the Human Resources at (305) 673-7524.
at 2:30 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, 'ZONING
DISTRICTS AND REGULATIONS,' ARTICLE II, 'DISTRICT REGULATIONS,' DIVISION 2. 'SINGLE FAMILY RESIDENTIAL DISTRICTS,' BY AMENDING SECT/ON 142.105
TO ESTABUSH PROCEDURES AND REGULATIONS FOR NEW CONSTRUCTION ON PROPERTIES WHERE SINGLE FAMILY HOMES WERE DEMOUSHED WITHOUT
REQUIRED PERMITS. .
Inquiries may be d1mcted to the PI&mInQ Department at (305) 673-7650.
AlL INTERESTED PARTIES are Invited 10 IlliPeerat this meetInQ, or be I1jlIeStIlled by"; agent, o,to llJIPIOSS theirYiews inwrili1g addressed to the City Commissfon, rJo
the City Cleft, 1700 Convention Center Drive, lat Aoor, City Hall, MIamI8eech, FlorIda 33139. CqlIes of these ollllnances are availeble for ~ inspectJon during normel
business hours in the City C1erk's 0Iftce, 1700 Convention Center Drive, 181 Floor. City Hell, MIamI8eech, FlorIda 33139. TIIis meeting may be contilued aM under such
circumstances addlllona1lega1 notice would not be provided.
Robert E. Pancher, City Clerk
o' '~"; City 01 Miami Beach
Pursuant to SecIiln 286.0105, Fis. Stet.; the City hereby advises the pulilc the!: n a person decldetlo Ippeit any decision made by the City Commission with respect to any
meller considered at its meeti1g or its hearing, such person must ens",e Iha1 a verbe1Im recolll 01 the proceedings is made, whlc;h recolll i1cIudes the testimony and
evidence upon which the appeel is to be besed. This nolice does not 00_ consent by the City for the i1Iroductlon or edmission 01 ot/lerwise iladmissible or irreIevsnt
..~enc., nor does h authorize chsIlenges or appeels not othelWlse ellowed by ~ .
In ecoordence with the Americans with DisebHiIles Act of 1990, peISOIlS.-,g specia1 ecoomrnodatIon to pentcipe181n this pniCeeoIng shoukI con1act the Cly a8rk's ofIIce
no later then four days prior to the proceeding, telephone (305) 673-7411 for essISlance; i heenng impeirad, telephone the FlorIda Relay Service numbers, (BOO) 955-8771
(TOD) or (SOIl) 955-8770 (VOK:E), for assistence. .
(Ad If 0105)
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Approve the Ordinance allowing for the donation of surplus stock to governmental entities, agencies, and
not-for-profit organizations.
Issue:
Should the City donate surplus stock to governmental entities, agencies, and not-for-profit organizations?
Item Summary/Recommendation:
The City Code does not provide for the donation of surplus stock and in order for the City to continue to
donate surplus stock to governmental entities, agencies, and not-for-profit organizations, the City must
establish a procedure as required under Florida Statute Chapter 274. The Administration recommends
adopting the Ordinance.
Advisory Board Recommendation:
I N/A
Financial Information:
Amount to be expended:
C
Finance Dept.
Source of
Funds:
T:\AGENDA\2002\JUN1902\REGULAR\donation ordinance summary sheet.doc
AGENDA ITEM
DATE
1<5~
to -tq",O~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cLmiami-beach.fl.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: June 19, 2002
From:
Jorge M. Gonzalez d ~_ _ _.. ~.
City Manager ~dJ.~
SECOND READING
PUBLIC HEARING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ENTITLED "ADMINISTRATION," CREATING CODE
SECTION 2-315 ENTITLED "SURPLUS STOCK--TRANSFER, SALE AND
DONATION"; PROVIDING FOR REPEALER INCLUDING REPEAL OF
CODE SECTION 2-342 ENTITLED "SURPLUS STOCK"; PROVIDING
FOR SEVERABILITY; CODIFICATION; AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance.
ANALYSIS
From time to time, the City has surplus stock that would be in the best interest of the City to
donate to other governmental entities, agencies, or not-for-profit organizations. In the past,
the City has auctioned surplus stock as well as donated surplus stock to entities such as
the Sister Cities Program and Miami-Dade Community College. However, it was brought to
the attention of the Administration at a Community Affairs Committee meeting, that
currently there are no provisions in the City Code which provide for the donation of surplus
stock. In order for the City to continue disposing of surplus stock, Florida Statute Chapter
274 requires that it have an established procedure. The City Attorney's Office, at the
direction of the Community Affairs Committee has prepared the attached Ordinance.
This Ordinance gives approval to the City Administration to donate surplus stock to other
governmental entities, agencies, or not-for-profit organizations, without placing the surplus
stock for public sale, if such donation serves as a charitable or public purpose, and if the
donation is in the best interest of the City. Donations in excess of twenty-five thousand
dollars ($25,000) will require approval of the City Commission prior to the donation. The
City will disclose the value, condition and intended use of the surplus stock, and the
manner in which the donation(s) serves the City's best interest.
On May 29,2002, the City Commission approved the Ordinance on first reading with
changes requested by Commissioner Richard L. Steinberg. The changes requested were
to require Commission approval of donations with a replacement value in excess of
$25,000 and for preference to be given to donees (recipients) within the City of Miami
Beach.
CONCLUSION
The Administration recommends approval of this Ordinance on second reading public
hearing.
JMG:MDB:lcd
T:\AGENDA\2002\JUN1902\REGULARldonation ordinance comm memo. doc