Ord No 10-20-2364ORDINANCE NO. 10-20-2364
An Ordinance amending Chapter 2, Article I, Section 2-4.7 of the City of South
Miami Code of Ordinances, regarding the disposition of surplus property.
WHEREAS, the City's Surplus Ordinance was adopted February 5, 1974; and
WHEREAS, methods for the sale of surplus property from 1974 has transitioned from
notices in newspapers of general circulation to specific on-line websites that effectively and
efficiently provide notice for the sale of surplus property for auction; and
WHEREAS, the City desires to amend Chapter 2, Article I, Section 2-4.7 of the City's
Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 2, Article I, Section 2-4.7 of the City of South Miami's Code of
Ordinances is hereby amended and shall read as follows:
Sec. 2-4.7. - Surplus city -owned property.
(a)ltems of ppr-epeAy evmed by the eity shall net be seld unless and until it is
. The City Manager shall be
responsible for the sale or disposition of surplus supplies and tangible personal property (Surplus
Property) owned by the City by a method or methods deemed by the City Manager be the most
advantageous and in the best interest of the City. Surplus Property is defined as City property
that is classified obsolete, or no longer economical or efficient to keep, or that serves no useful
function for any activity or location within the City. Surplus Property will be considered to be
without value if it has a value of $100 or less or is offered for sale and no bids are received. If
the item is without value, the Cily Manager may order the Surplus Property destroyed or the
Manager may dispose of the item at the Manager's sole discretion by giving the item to a
501(c)(3) non profit organization (Non-profit Organization) or to an elected or appointed
official, or an officer, department head or employees of the City. The Manager shall give
priority to the person who was last using the item before it was determined to be without value.
The value of such Surplus Property shall be determined by the "Net Book Value" based on the
"Fixed Asset Accounting Ledger," located in the City's annual "Fixed Asset Inventory and
Reconciliation Report." Notwithstanding the Net Book Value, if the Surplus Property is
advertised for sale to the person who submits the highest and best offer and no bids are received,
the item will be considered to be without value. The word "advertised" as used in this Section
means that it is or was offered for sale in any reasonable manner, including posting on the City's
website or a third party website dedicated for sale of Surplus Property, or advertised in a daily,
weekly or bi-monthly newspaper (whether the newspaper is offered for sale or for free) which is
Page 1 of 3
Ordinance No. 10-20-2364
circulated in South Miami or which, in the Manager's sole opinion, has comparable readership m
South Miami.
ro
. All Surplus
Property with a "Net Book Value" of $5,000 or more must be declared to be Surplus Property by
a resolution of the City Commission before the City Manager may dispose of said Surplus
Pro e
c
pFepeAy is Q-1-1=111s, the eity manager- is hereby authorized to sell te the highest bidder. At publie
pmpeAy after- advet4ising the date, time and P.J.dw-P. -A f said sale er- auefien enee a week fer- thfee
JW_. —V eF all bids. in the event the per-senal prrepeAy shall be
effer-ed f_er.- R-M&P Or- auefien, and ne bids shall be meeeived ther-efer-, it shall be deemed that sueh
diqpesed,&fi-The City Manager may within the reasonable exercise of his or her discretion and
having consideration for the best interests of the City, the value and condition of Surplus
Property, and the probability of such property's being purchased by a prospective bidder or
needed by a Non-profit Organization, offer Surplus Property to other governmental units or
ap-encies within the countv for sale or for free or may offer the Sumlus Propertv to a Nonprofit
Organization.
Willi � .
- ::-
_ _
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance.
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the City of South Miami Land Development Code as amended; that the sections of this
ordinance may be renumbered or re -lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This ordinance shall become effective upon enactment.
Page 2 of 3
Ordinance No. 10-20-2364
PASSED AND ENACTED this 3rd day of March, 2020.
ATTEST: APPRO ED:
CITY ICLERICS -/MAYOR/
151 Reading: 2/18/20
2"d Reading:3/3/20
READ AND A,PPROVAD AS TO FORM,
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 3 of 3
Agenda Rem No:11.
City Commission Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Steven Kulick
Submitting Department: Procurement Division
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Chapter 2, Article I, Section 2-4.7 of the City of South Miami Code of Ordinances,
regarding the disposition of surplus property. 3/5 (City Manager -Procurement)
Suggested Action:
Attachments:
CM_Surplus_Ordinance_Memo_2.13.20_.docx
Ord Amending 2-4.7 Surplus Prop CArev(2).doc
Ordinance 810.pdf
MDBR Ad.pdf
MH Ad. pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
110 1 OF PI I Al NNT I IA'LAC
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: February 18, 2020
SUBJECT: An Ordinance amending Chapter 2, Article I, Section 2-4.7 of the
City of South Miami Code of Ordinances, regarding the
disposition of surplus property.
BACKGROUND: The City's Surplus Ordinance, Chapter 2, Article I, Section 2-4.7 was
adopted February 5, 1974 under the authority of Ordinance No. 14-74-
810. Since methods for the sale of surplus property from 1974 has
transitioned from notices in newspapers of general circulation to specific
on-line websites that effectively and efficiently provide notice for the sale
of surplus property for auction, the Surplus Ordinance has been amended
to reflect current conditions.
The methods of notice have changed, and the levels of value have changed.
For instance, in order to surplus a computer, there is no market for one
used computer except as a trade in of a very late model Apple product.
Under typical circumstances, bundling of several items such as computers
or so must be combined in one sale offering and at that point, as an
example, they only will net the City some $50 dollars for seven computers.
Therefore, it is necessary to provide much more flexibility for the
administration to remove unnecessary, broken, outdated or other
furnishings or equipment. The attached amendments attempt to facilitate
a modernized but still economically efficient system for our City.
ATTACHMENTS: Amended Surplus Ordinance
Ordinance 14-74-810 dated February 5, 1974
2
ORDINANCE NO. 14-74-gin
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING THE MANNER IN WHICH
PERSONAL PROPERTY OF THE CITY MAY BE
DECLARED SURPLUS AND SOLD BY THE CITY,
INCLUDING EXCEPTIONS THERETO.
WHEREAS, the City, from time to time, finds it
necessary to replace certain items of personal property and
dispose of them to the general public, and
WHEREAS, it is altogether fitting and proper that
a uniform method be adopted to accomplish this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That items of personal property owned
by the City shall not be sold unless and until it is declared
to be surplus property by Resolution of the City Council.
Section 2. The City Council shall not consider
declaring any item of personal property to be surplus unless
the City Manager has affirmatively recommended such action
thereon.
Section 3. Upon determination by Resolution by
the City Council that an item of personal property is abrplun,
the City Manager be, and he is hereby authorized to gall to
the highest bidder at public sale or, if approved by the Council
by Resolution, at public auction, said item of personal property
after advertising the date, time and place of said sale or
auction once a week for three consecutive adeks in a newspaper
of general clredlateon its the City. The City Manager shall
have the raght to aceapt or reject any of all bids. In the
agent the paaleatal Creveriy shall ha efferad for sale cr
Acetaon, and rho bads shall F.® taeeaved tharefor. 1% sh211 be
&@E@4 Mat swb eMvgrtq 7as n5 talc* arA 0'@ eltr at share
am gag di dastreye9 er ct"1waea &AUM A
e4„
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review fh✓a Miami Review, a daily (except
Saturday. Sunday and Legal Holidays) newspaper.
published at Miami in Miami -Dade County. Florida: that the
attached copy of advertisement, being a Legal Advemsement
of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - MAR. 3. 2020
in the XXXX Coun,
was published in said newspaper in the issues of
02/21/2020
ABianl further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Flonda and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a called
of one year next preceding the first publication of the attached
copy of advertisement: and affanl further says that he or she
has neither paid nor promised any person, firm or corporation
any discount. rebate. commission or refund for the purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personalty known to me
BARBARA THOAfAS
Commission h GG 121171
Expires Noveribal.?0?!
Emtded The Troy Fain lnsuranre Elul 2,,.7019
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICEiS-HERESY given that theof ltft&C y-of South
Miami, Florida will conduct Public Headng(s) at its regular City Commission
meeting scheduled for Tuesday, March 3, 2020, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the following
tem(s):
A Resolution authorizing the City Manager to enter into a multi -year
piggyback agreement with Ecostrata Services for Grant Writing and
authorizing a budget transfer.
A Resolution authorizing the City Manager to negotiate and to enter into
a multiyear contract with iSwim Academy, LLC for swim lesson services
and other related organized aquatics programs.
A resolution authorizing the City Manager to negotiate and to enter into a
multi -year agreement with Somerset Academy for limited use of outdoor
and indoor facilities located at Murray Park and Gibson -Bethel Community
Center.
An Ordinance relating to the City's Schedule of Fees and Fines; amending
ordinance 05-20-2359 to revise the Parking Division Schedule of Fees.
An Ordinance amending Chapter 2, Article I, Section 2-4.7 of the City of Soi
Miami Code of Ordinances, regarding the disposition of surplus property.
An Ordinance of the City of South Miami, Florida, adopting a 20-year
water supply facilities work plan and amending the Citt's Comprehensive
Plan to strengthen coordination between water supply and local land use
planning as required by Florida Law.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's 01 at:
305-663-6340.
Nkenga A Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings Is made which record includes the testimony and evidence
upon which the appeal is to be based.
2121 20-15810000458674M
10
SUNDAY MIAMIHEAA �(0Y ni0I0 I NEIGHBORS I I 23se
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the
City of South Miami, Florida will conduct Public Hearing(s) at its
regular City Commission meeting scheduled for Tuesday, March 3,
2020, beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to enter into a multi -year
piggyback agreement with Ecostrata Services for Grant Writing and
authorizing a budget transfer.
A Resolution authorizing the City Manager to negotiate and to enter
into a multi -year contract with iSwim Academy, LLC for swim
lesson services and other related organized aquatics programs.
A resolutibn authorizing the City Manager to negotiate and to enter
into a multi -year agreement with Somerset Academy for limited
use of outdoor and indoor facilities located at Murray Park and
Gibson -Bethel Community Center.
An Ordinance relating to the City's Schedule of Fees and Fines;
amending ordinance 05-20-2359 to revise the Parking Division
Schedule of Fees.
An Onfimnce amending Chapter 2, Article I, Section 2-4.7 of the
City of South Miami Code of Ordinances, regarding the disposition
of surplus properly.
An Ordinance of the City of South Miami. Florida, adopting a
20-year water supply facilities work plan and amending the City's
Comprehensive Plan to strengthen coordination between water
supply and local land use planning as required by Florida Law.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at:
305-663-W40.
Nkenga A. Payne, CMC
City Clerk
limimam to Florida Statures 286.010& the City hereby advises the public that if a person
decider w appeal any decision made by this Board. Agency or Commission with respect
to any water considered at its meeting or hearing. be or she will need a record of the
proceeding.. and that tin such purpose. affected person may need to ensure that a verbatim
record of the proceedings is made which retard includes the testimony and evidence upon
which the appal is to be based.
AL
,A Ke
WA2TA10
THE FALLS MIAMI
8778 SW 136N STREET (305) 252-6300
MON-WED 10AM-8PM. THURS-SAT l0AM-9PM, SUN 12-8PM
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