171 ORDINANCE NO. _____ _
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3 An Ordinance amending Article VI, Section 5, of the City Charter
4 concerning franchises and the granting of an interest in City real property,
5 defining the governed franchises, providing for two public meetings,
6 clarifying the language of the charter and excluding special events,
7 concessions and other uses of real property lasting one (1) year or less.
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9 Whereas the City of South Miami (ACity@) currently has a Charter provision titled
10 Franchises that governs franchises and the granting of interests in City owned real property; and
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12 Whereas the franchise charter provision is ambiguous and in need of clarification; and
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14 Whereas the franchise charter provision does not provide for the granting of concessions
15 lasting one (l) year or less.
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17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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20 Section 1: Article VI, Section 5 of the Charter of the City of South Miami is hereby
21 amended to read as follows:
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23 Section 5: Franchises and Grants of an Interests in Real Property
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25 No person shall be granted an interest, including an encumbrance, of any real property
26 owned by the City of South Miami for any length of time, nor shall any person be granted
27 any right to ordinance granting or renevAng the right to use real Property owned by the
28 City of South Miami or an interest in the real property of the City of South Miami for a
29 period longer than one (1) year unless the City enacts an ordinance that grants such
30 interest in the property or a franchise for the use of the City's real property to any-said
31 person. All such ordinances shall.i2.!JlL be enacted effec6ve until if passed by a vote of
32 four i 4)15 of all members of the City Commission in favor of the ordinance. -and-£No
33 grant or renewal of such franchise, or interest in real property owned by the City, shall be
34 for a longer period longer than (50) years. No grant or renewal of the right Bf-~use real
35 property, or the grant or renewal of an interest in the real property, owned by -efthe City,
36 QLof a mortgage or other encumbrance on the real property owned by the City, nor shall
37 the or a change in ownership or control of an artificial person (the "Contractor"), with
38 which whom the City has entered into a contract or agreement governed by this section,
39 shall be transferable in any way, including but not limited to assignments or conveyances,
40 except with the approval of an ordinance enacted by four (4)15-members of the City
41 Commission. All ordinances referred to in this Section, shall require two public
42 meetings and the title of the ordinance shall be published in a newspaper of general
43 circulation in the City of South Miami at least five (5) days before the first meeting (first
44 reading of the ordinance) and at least ten (10) days before the second and final reading of
45 the ordinance. Copies of all transfers, mortgages, encumbrances, changes in ownership
46 or control, or other documents affecting the title or use of realthe_-property owned by the
47 City or affecting changes in the ownership or control of the Contractor shall be filed with
48 the City Manager and the City Clerk within 10 days after notice is published for the first
49 reading of the ordinance. in a newspaper of general circulation in the City of South
50 Miami once a week for at least two conseeu6ve "'leeks, not less than 14 days prior to the
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1 meeting ,be Commission '.'<'ill consider the matter. (Amended 2/8/00) Notwithstanding
2 any thing contained herein to the contrary, all ordinances, govemed by this Section and
3 which concem non-qualified contracts or agreements, as defined by the intemal revenue
4 service code, shall require a unanimous vote of the City Commission to be enacted.
5 Nothing contained herein shall prevent the City Manager from granting a concession, a
6 special event permit, or some other use of real property owned by the City for a period of
7 one (1) year or less.
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9 Section 2: Codification. The provisions of this ordinance shall become and be made
10 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
11 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
12 "ordinance" may be changed to "section" or other appropriate word.
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14 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
15 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
16 shall not affect the validity of the remaining portions of this ordinance.
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18 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all section
19 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
20 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
21 appearance of being in conflict when the two ordinances can be harmonized or when only a
22 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
23 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
24 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
25 harmonize the two ordinances shall be repealed.
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27 Section 4. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED -this __ day of _____ , 2011.
ATTEST:
CITY CLERK
1 st Reading-
2nd Reading-
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
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