HomeMy WebLinkAboutO-1978-183 i
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ORDINANCE NO. 183
AN ORDINANCE OF THE CITY OF DANIA AMENDING
ARTICLE 4, PART XII . , OF THE CHARTER OF CITY
OF DANIA, FLORIDA (THAT IS, ARTICLE 4, PART
XII OF CHAPTER 25768 , 1949 SPECIAL ACTS OF j
FLORIDA) , BY REPEALING THE EXISTING ARTICLE 4 ,
3 PART XII. , OF THE PRESENT CHARTER IN ITS
ENTIRETY; AND ORDAINING, ADOPTING, PROMULGATING
AND ENACTING A NEW ARTICLE TO BE KNOWN AS
ARTICLE 4, PART XII . , OF THE CHARTER OF THE
CITY OF DANIA, A FLORIDA MUNICIPAL CORPORATION,
j CONCERNING THE SUBJECT OF LEASES GENERALLY
j PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES OR RESOLUTIONS OR PARTS OF RESOLU-
TIONS IN CONFLICT HEREWITH BE REPEALED TO
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i THE EXTENT OF SUCH CONFLICT AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the basic special law of the State of Florida
which sets forth all matters concerning the jurisdiction, k
'. powers, franchises and privileges of City of Dania, a
Florida municipal corporation, is Chapter 25768 , 1949 Special p
Acts of Florida, as amended; and !
WHEREAS , said Chapter 25768 , 1949 Special Acts of
Florida, as amended, is commonly known as the "charter" of i
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the City of Dania, a Florida municipal corporation, and will
sometimes be referred to in the within ordinance as the
"charter" of said City of Dania; and
WHEREAS , Section 1(b) , Article 4, Part XII . , of the
charter of City of Dania concerns the leasing of municipal
lands--held in a proprietary capacity--for terms not exceeding
twenty years ; and
WHEREAS, said Section 1(b) , Article 4, Part XII. , of
the charter of the City of Dania presently reads as follows : if
" (b) Lease of public property, as set forth
in paragraph (a) , of the City of Dania, operated
in a proprietary capacity, in order to permit the
{ Lessee to construct thereon buildings or improve-
ments to be used in connection with an existing
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1 facility, may be authorized for a period of time
not exceeding twenty (20) years , by ordinance of
the City Commission duly enacted by approval of a
majority of the City Commission at three (3)
consecutive regular meetings of the City Commis-
sion; " and
WHEREAS, §166 , Florida Statutes , 1977 (commonly referred
to as the "municipal home rule" statute) has provided for j
1 substantial changes in the general laws concerning municipalities
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so that, among other things, a municipal corporation' s
charter is considered as being nothing more than an ordinance
and with the municipality having the right generally to
amend its charter by the adoption of an ordinance; and
provides
WHEREAS, §166 , Florida Statutes , 1977 , further p
{ for a method of the adoption of a municipal ordinance which
P• supersedes all previous methods provided by special laws
j creating municipalities of the State of Florida; and
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WHEREAS, City of Dania owns in a proprietary capacity
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the area at the Atlantic Ocean which is commonly known as i
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Dania Beach; and
WHEREAS, from time to time during recent years and as
the lands at Dania Beach have increased in value due to the
limited beach lands in Broward County, Florida, City of
Dania has received various proposals to develop parts of
Dania Beach under various plans which would result in direct
benefits to the city and which would promote the general
welfare, tourism and growth of the city; and
WHEREAS , many of such proposals involve capital invest-
ments on the part of the proposed lessees to spend hundreds
of thousands of dollars in leasehold improvements ; and
WHEREAS , the entities making such proposals have
generally enerall indicated that it is not economically feasible to
make large capital investments in leasehold improvements
where the maximum term of the lease (under existing charter)
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can be only twenty (20) years ; and
WHEREAS , such entities have also indicated that it is
not economically feasible to make such capital investments ,
in a range amounting to hundreds of thousands of dollars ,
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without there being a provision in the charter to recapture
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some part of the value of the capital improvements at the
end of the lease, where the lessee is unable to renew the
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lease; and
WHEREAS, the City Commission recognizes the validity of
the objections raised by persons offering to make proposals
of such magnitude to develop the areas at Dania Beach; and
WHEREAS, the City Commission is of the opinion that the
entire Article 4, Part XII. , of its charter has become
outdated since such article was promulgated in 1949 and that
the entire article should be amended in its entirety,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
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OF THE CITY OF DANIA, FLORIDA:
Section 1. That Article 4, Part XII . , of the present
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city charter (that is, Article 4, Part XII. , Chapter 25768 ,
1949 Special Acts of Florida) be and the same is hereby
repealed in its entirety.
Section 2. That a new Article 4, Part XII. , of the
charter of City of Dania, a Florida municipal corporation,
is hereby ordained, promulgated and enacted which, after the
passage and adoption of the within ordinance, shall read and
provide as follows :
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j "Article 4. LEASES
Section 1. Power.
City of Dania is hereby empowered to
lease any lands , improvements , public buildings ,
recreational parks or facilities, public utility
plants , or any public works or property of the
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City to any person, firm or corporation under the
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following conditions , to wit:
(a) Leases of concession rights on, in or to
public property of the City of Dania operated in a
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proprietary capacity, for a period not exceeding
j one (1) year, may be granted or executed upon a
J majority vote of the city commission at any time.
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Included in properties operated in a proprietary
capacity are airports and airport
j i p property, public
recreational facilities, golf courses, tennis
courts , recreational halls, stadiums , football
fields , baseball fields, playgrounds , public
beaches (including all lands which are currently
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owned by City of Dania at Dania Beach) , swimming
,! pools, fishing piers , yacht basins , docks and
j wharves . The said list which is enumerated is not
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exclusive but merely indicative of the class of
public property deemed to be operated in a pro-
prietary capacity.
(b) Leases of public property, as set forth j
in paragraph (a) , of the City of Dania, operated j
" in a proprietary capacity,p y, in order to permit the
Lessee to construct thereon buildings or improve- f
ments to be used in connection with an existing
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facility, and in a manner not detrimental or
harmful to the operation of the proposed facility,
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may be authorized for a period of time not exceed-
ing twenty (20) years, by ordinance of the city
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commission duly enacted in accordance with law,
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and without regard to the amount of capital invest-
ment the Lessee may make unless a minimum capital
investment is set forth in any bids and specifi-
cations of the city should the city determine,
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3 solely within its discretion, to advertise for
bids for the lease on a competitive bid basis .
3 However, there shall never be any mandatory duty
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leasing of any municipal lands, owned in a pro-
prietary capacity, on a competitive bid basis .
Specifically, at all times and with regard to all
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leases of municipal p property owned in a proprietary
capacity, the city commission shall have the right
to negotiate for the leasing of such property
without the necessity of competitive bidding.
(c) Leases of public property, as set forth
in paragraph (a) , of the City of Dania, operated
in a proprietary capacity, may be negotiated by j
City of Dania for a term not to exceed thirty (30)
years , on a non-competitive bid basis , provided
that the Lessee agrees to make a substa
ntial
capital investment within two and one-half years
after the beginning date of the lease, with such
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capital investment to be expended for the purpose
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+yam of making leasehold improvements on the lands
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i which are the subject of the lease . A lease made j
under the provisions of the within paragraph shall
specify the type of leasehold improvements (in
general language) to be made . However, without
limitation on such type of improvements , same may
include, for example, restaurant buildings , retail
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store units which are incidental to restaurant i
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enterprises, gift shops, curio shops , souvenir
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shops, wharves , boat docking facilities, night
clubs, cocktail lounges and all types of rec-
reational facilities . In addition
residential
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j units may be constructed and used by employees of
any of said types of facilities .
(d) In order to encourage a Lessee to make
capital expenditures or capital investments of a
continuing nature throughout the entire term of
the lease, when the lease is executed under the
provisions of paragraph (c) concerning a lease not
to exceed thirty (30) years , the provisions of the
within paragraph (d) may be applicable to all
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leases--not to exceed a term of thirty (30) years--
executed under the provisions of said paragraph
(c) . As to a lease executed under the provisions
of paragraph (c) , or any renewals thereof which
the city commission may later make during the term
of the beginning lease, the Lessee in the begin-
ning lease shall have no vested or absolute right
of renewal as to any further renewals of the basic
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or beginning lease and the city shall have the
right to negotiate with third parties regarding
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the renewal of a lease executed under the pro-
" visions ofparagraph I (c) . In the event that the j
II city does negotiate with a third party to renew t
the aforesaid type of lease agreement (during the
beginning term or after the expiration of the
beginning term or during any renewal thereof) , the
Lessee in the original lease shall have the right
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to offer to lease the property described in the
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beginning lease under the exact same terms and
conditions as any third party offeror. However,
if the Lessee under the beginning lease (or any
renewal thereof) offers to lease for an additional
term of years under the same terms and conditions
as stated in the lease agreement which is then
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expiring and if the city elects to lease the
property to a third party offeror (rather than to
the Lessee under the beginning leasehold term or
any renewal thereof) , the Lessee under the begin-
ning lease (or any renewal thereof) may be entitled
to receive (in cash) from the city at the expira-
tion of the leasehold term--and provided that the
Lessee is not then in default under any of the
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terms and conditions of the lease--an amount equal
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to the difference between the appraised value of
all leasehold improvements made during the entire
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term of the lease (with the appraised value to be
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determined at the end of the lease) and the
accumulated depreciation taken by the Lessee for
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income tax purposes of such leasehold improvements
during the term of the lease (and during the term
of any renewals if the beginning Lessee has renewed
the original lease) . Specifically, without
limitation on the foregoing and merely as a state-
ment of general intent, it is one of the purposes
of the within paragraph (d) to grant unto the
j Lessee the right to recover the difference between i
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the appraised value of all leasehold improvements !
made by the Lessee (during the entire term of the
beginning lease and any renewals thereof) and the
accumulated depreciation taken for income tax
purposes by the Lessee of such leasehold improve-
ments during the term of the lease (and any renewals
thereof) , all on the premise and general under-
standing that the Lessee negotiates in good faith
with the city to renew the lease for a renewal
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term (having the same term of years as the ori-
ginal lease or any renewal lease if the Lessee , -
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renews the original lease) and on the further
premise that the city then elects to lease the
property in question for a renewal term to a third
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party lessee, notwithstanding the fact that the
original Lessee has offered to renew the lease
under the same terms and conditions as are stated
in the lease between the city and the third party
lessee. Further, if at the expiration of the
original lease or any renewals thereof, the city
itself elects to operate the enterprise originally
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covered by the type of lease which is the subject
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j of the within paragraph, the original Lessee
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(under the beginning lease or any renewals thereof) `f
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shall have the right to recover the difference I
between the appraised value of all leasehold
*- improvements made by the Lessee and the accumu-
lated depreciation taken by the Lessee for income
tax purposes on such leasehold improvements during
the term of the lease. [[[
(e) On condition that the Lessee in a lease
not to exceed thirty (30) years and of the type
provided in paragraph (c) pays to the city a
reasonable consideration (in an amount to be
determined solely by the city commission within
its discretion) the city shall have the right to
enter into a lease of the type provided by para-
graph (c) --for a term not to exceed thirty (30)
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years--with the effective, or beginning, date of
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the term of the lease to be no more than one (1)
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year after the actual execution of the lease .
Section 2 . Form of Lease .
All leases shall be for a definite `
period of time, shall be in writing and executed
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in duplicate. The form of lease shall be approved
by the city attorney. Such leases shall be
executed on behalf of the city by the officers of
the city designated by charter to sign same,
except that leases or concession rights for a
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period of time not exceeding one (1) year may be j
signed in the name of the city by the City Manager.
Section 3. That all ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict
herewith be and the same are hereby repealed to the extent
of such conflict.
Section 4. That this ordinance shall be in force and
take effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the 23rd day
of May 1978.
^ PASSED and ADOPTED on Second and Final Reading on the
J, 27th day of June 1978.
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YOR - OMMIS R
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- ATTEST:
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1 'CITY CLERK - AuvITOR
APPROVED FOR FORM AND CORRECTIVENESS
J B FRANK U. ADLER'City Attorney
City of Dania, Florida
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