HomeMy WebLinkAboutH-1 Ordinance: Surplus ProceduresCity of ~Vliami Gard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Date: November 14, 2007
Fiscal Impact: No ^ X Yes
(If yes, explain in Staff Summary)
Funding Source:
Contract/P.O. Requirement: Yes No^
Sponsor Name/Department:
Danny Crew, City Manager
Aqenda Cover Paqe
Public hearing ^
Ordinance ^X
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Oscar Braynon II
Councilman Andr~ Williams
Quasi-Judicial ^
Resolution
1st Reading x 2nd Reading ^
Advertising requirement: Yes No
RFP/RFQ/Bid #
Title
An ordinance of the City Council of the City of Miami Gardens, Florida, providing for
procedures for classifying property as surplus and for disposing of surplus property;
providing for adoption of representations; repealing all ordinances in conflict; providing a
severability clause; providing for inclusion in code; providing an effective date.
Staff Summarv
The attached Ordinance is being proposed, in an effort to clarify the procedures for
declaring City-owned property as Surplus and allowing for the subsequent disposition.
While our Purchasing Ordinance No. 2005-10-48 makes mention of Surplus Property, it
does not identify the process for declaring, or disposing of Surplus Property.
The proposed Ordinance allows the C"ity Manager to dispose of Surplus Property in a
manner consistent with Florida Statute, Section 274.05. It gives the City Manager to
declare items with a value up to $5,000 as being Surplus, but requires Council's
authorization for items valued more than $5,000 to be declared Surplus.
Recommendation:
We recommend that the City Council approve the ordinance on first reading,
establishing the procedures for classifying property as Surplus and for disposing of
Surplus property.
H-1) ORDINANCE
1 ST READING
SURPLUSPROPERTY
PROCEDURES
ORDINANCE No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, PROVIDING FOR PROCEDURES
FOR CLASSIFYING PROPERTY AS SURPLUS AND FOR
DISPOSING OF SURPLUS PROPERTY; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, often times, there is City-owned property that becomes obsolete, or
the continued use of which becomes uneconomical or inefficient, and
WHEREAS, when property is deemed surplus property, the City Council would
like to provide for a mechanism for the City Manager to be able to dispose of said
property either by sale or donation as the Manager deems fit,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, as follows:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
SECTION 2. DETERMINATION OF SURPLUS: From time to time, the City
Manager shall have the discretion to classify certain property of the City to be surplus.
Surplus property shall be defined as that property that is no longer needed by the City,
that has become obsolete, or the continued use of which is uneconomical and
inefficient. Real property shall be excluded from the definition surplus property.
SECTION 3. DISPOSAL OF SURPLUS PROPERTY VALUED AT $5,000.00 OR
17 BELOW: The City Manager shall have the authority to determine the best method for
18 disposing of any and ail surpius property whose value is $5,000.00 or below. The City
19 Manager shall have the right to arrange the disposition of these items in a manner that
20 is suitable and appropriate. At least once per quarter, the City Manager shall provide
21 the City Council with a written report of all items declared surplus and the manner in
22 which they were disposed. The City Manager shall be required to dispose of all surplus
23 property in accordance with Section 275.05, Florida Statutes.
24 SECTION 4. DISPOSAL OF SURPLUS PROPERTY VALUED OVER $5,000.00.
25 The City Council shall determine whether property with a value of over $5,000.00 is
26 surplus property and direct the City Manager to dispose of said surplus property in
27 accordance with Section 275.05, Florida Statute.
28 SECTION 5. CONFLICT: All ordinances or Code provisions in conflict herewith
29 are hereby repealed.
30 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause,
31 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
32 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
33 and independent provision and such holding shall not affect the validity of the remaining
34 portions of this Ordinance.
35 SECTION 7. INCLUSION IN CODE: It is the intention of the City Council of the
36 City of Miami Gardens that the provisions of this Ordinance shall become and be made
37 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of
38 this Ordinance may be renumbered or relettered and the word "Ordinance" may be
39 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the
40 use of which shall accomplish the intentions herein expressed; provided, however, that
41 Section 1 hereof or the provisions contemplated thereby shall not be codified.
42 SECTION 8. EFFECTIVE DATE: This Ordinance shall become effective
43 immediately upon its final passage.
44 PASSED ON FIRST READING ON THE 24T" DAY OF OCTOBER 2007.
45 PASSED ON SECOND READING ON THE DAY OF ,
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47 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
48 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF
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SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Barbara Watson (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Oscar Braynon, II (Yes) (No)
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Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilman Andre Williams
SKD/teh
267890_1.DOC
(Yes) (No)
(Yes) (No)
(Yes) (No)
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