HomeMy WebLinkAboutO-1988-075 z
r ORDINANCE NO. 75-88 j
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING SUB-SECTIONS (c) (d) AND (e ) OF
SECTION 1 , ARTICLE 4, PART XII , OF THE CITY
CHARTER TO REQUIRE A FOUR-FIFTH (4/5 ) VOTE OF
THE MEMBERSHIP OF THE CITY COMMISSION FOR THE
APPROVAL OF A LEASE OF CITY OWNED LAND FOR A
PERIOD IN EXCESS OF TWENTY ( 20 ) YEARS ; AND
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
i
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
i
OF DANIA, FLORIDA:
7
Section 1 . That Sub-Sections (c ) (d) and (e) of
Section 1 , Article 4 , Part XII of the City Charter of
i
the City of Dania , Florida, be and the same are hereby
amended to read as follows:
"Sec. 1. Powers.
(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 [the] City of Dania
for a term in excess of twenty (20 )
years upon a four-fifth ( 4/5 ) vote of
the members of the city commission on a
noncompetitive bid basis , provided that
the lessee agrees to make a substantial
capti.al investment within two and
one-half ( 2 1/2 ) years after the
beginning date of the lease , with such
capital investment to be expended for
the purpose of making leasehold
improvements on the lands which are the
subject of the lease . A lease made
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
store units which are incidental to
restaurant enterprises , gift shops,
curio shops , souvenir shops, wharves ,
boat docking facilities , nightclubs ,
cocktail lounges and all types of
recreational facilities. In addition,
residential units may be constructed
and used by employees of any of said
types of facilities .
j
75-38
Ordinance No.
1 -1-
= 4 \
1
E t
r:
I
S
i
(d) In order to encourage a lessee to make
capital expenditures or capital
investments of a continuing nature
j throughout the entire term of the
' lease , when the lease is executed under
the provisions of paragraph (c )
! concerning a lease in excess of twenty j
I
( 20 ) years, the provisions of the
within paragraph (d) may be applicable
to all leases in excess of twenty (20) f
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 beginning
lease shall have no vested or absolute
j right of renewal as to any further
renewals of the basic or beginning j
lease and the city shall have the right
to negotiate with third parties
regarding the renewal of a lease
executed under the provisions of
paragraph (c) . In the event that the
city does negotiate with a third party
to renew the aforesaid type of lease j
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 to offer to lease the
property described in the 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 expiring
s...� 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
beginning lease (or any renewal
thereof ) may be entitled to receive ( in
cash) from the city at the expiration
of the leasehold term and, provided
that the lessee is not then in default
under any of the terms and conditions
of the lease, an amount equal to the
difference between the appraised value
of all leasehold improvements made
during the entire term of the lease
with the appraised value to be
determined at the end of the lease ) and
the accumulated depreciation taken by
the lessee for 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
,
is
kz�4,
r4
1
a
a ,
foregoing and merely as a statement of
I general intent it is one of purposes of
the within paragraph (d ) to grant unto
the lessee the right to recover the
difference between 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 improvements during the term
of the lease (and any renewals
thereof ) , all on the premise and
general understanding that the lessee
negotiates in good faith with the city
to renew the lease for a renewal term
(having the same term of years as the
original lease or any renewal lease if
the lessee 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
y third 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 covered by the type of lease
which is the subject of the within a-
paragraph, the original lessee (under
i the beginning lease or any renewals
thereof ) shall have the right to
recover the difference between the
appraised value of all leasehold
improvements made by the lessee and the
accumulated 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 exceeeding twenty (20 ) 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
paragraph (c) , for a term in excess of
twenty ( 20 ) years with the effective,
or beginning, date of the term of the
lease to be no more than one year after
the actual execution of the lease.
Section 2 . That except as herein amended all other
provisions of Section 1 , Article 4 of Part XII of the
City Charter shall remain in full force and effect.
—3—
� uM
bl.
l ti� i
x
pvA
r
i
Section 3 . That all ordinances or parts of I
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 final passage and
adoption.
PASSED and ADOPTED on First Reading on the 8th day
of Nov. 1988.
PASSED and ADOPTED on Second and Final Reading on
the 22nd day of November 1988.
-
14
MAYOR - OMn S F
ATTEST:
-• 'CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
a
FRANK C. ADLER, City Attorney
I
I,
i
_4_ ORDINANCE 75-88
i
i
N
„f <MING nil OP(
(�tI COF DANIA.
CITY p DANIA,
FLORIDA AD
ROPTION
OE TNEI FOLLOWING
PROPOSED
THE SUN TATTLER DRDINANCE3
NOTICE IS HEREEv GIV-
EN Ina mF Cllr CPmmN-
,Ion OI IM CI11Y EMB"ER
F I,Mg•, "RRo R.m °
Established as The Hollywood Sun - January 4, 1935 n. •
oon mo A
HOLLYWOOD, BROWARD COUNTY, FLORIDA Y�I°:CUEIIC'n':::I^;°I^°^°
Cnr [Pmml uon room 1
IN. D•nu CN H.II• 100
WIN. 00.1. E•an 600”
FI.Nd. IG)
.d.,IIM n„1,, M Ana lini1 I
STATE OF FLORIDA ..RInR a IA Rrxln.n<L.
nlNa
,��'--RN9R�NANCE OF THE
COUNTY OF BROWARD AY HIJICE M OF NO DANIADNRE BY"NOD
AL
' '-
Before the undersigned authority personally appeared lack D. Pate LOWINO THE
\ BENEFICIARY OF A DE
Advertising Sales Manager "1 CEASED VESTED EM
who on oath says (he/she) is FLIRTER TO ELECT TC
KEEP THE REN[fITS Of
EM
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward THE DECEASED
PLOVEE IN THE HEPLALA
T
UNTIL THE WOULD-!,
MORM4L RETIREMENT
County, Florida; that the attached copy of advertisement, being a OAT OR TAyARER Al
E
OUCED EENeFIT AT THE
Notice of Hearing Before City Commission _ TIME OF DEATH; PRO
VIDING THAT AL l ORO'
NANCES OR PARTS O,
in the matter of Cityof Dania O
RDINANCES AND AL.
RESOLUTIONS OR PART
OF RESOLUTIONS Ir
lE NRELPEALED TOWTW
in the 100 W. Dania Beach Blvd. Xa6nx0i E%TENT OF SUCH Col
FLICT. AND PROVIOIN
was published in said newspaper FOR AN EFFECTIV!
p p per in the issue of DAT ROINANCE O TH
November 11, 1988 CITY OF DANIA. FLOP
DA AMENDING SOT
SEITIONS 1. T AND •C-
Atfiant further says that the said SUN-TATTLER is a newpaper published at Hollywood In TNEI CITY CH3. ARTER I
said Broward County,Florida,and that the said newspaper has heretofore been continuously RES(41 VOTEOFDTNECII
published in said Broward County,Florida,each week and has been entered as second class CPRO E'SS E E N SAL TO AO
LANZ
matter at the post office in Hollywood in said County. Florida,for a period of one year next CITY
TH AN"„P MA SE L
preceding the first publication of the attached copy of advertisement: and alflant further "S.p0.00 FANDSANT Ar
says that he has neither !laid nor promised any person, firm or corporation any discount, ,°oa iv`DBy' THEE Ti
reba .commission or refund for the purpose of securing this advertisement for publication TORATEN DU INELEI
in t /i�dfnews�lEper/�) i'EvAw15EDD v'eiu�
.Y./� \YT./A( EODAL TO OR EMCEE[
ING THE SUM O.
,2SO,00000 A„D PROVIC
HAT ALL ORD,
N*NCE3 OR PARTS OI
ORDINANCES AND ♦LI
RESOLUTIONS OR PARTS
OF RESOLUTIONS IN
Sworn to and subscri d before me CONFLICT HEREWITH
ME REPEALED TO THE
��1 ppp EXTENT OF SUCH CON
thi$JJ�_dayof •A.D. Is� FLICT. AND PROVIDING
/[ --__a
— FOR AN�EFFECTI V_[E
��zA,Li�4e_ AN ORDINANCE OF THE
NOTARY PUBLIC CITY OF DANIA. FLORI-
NOTARY PUBLIC STATt aF FLORIN DA. AMENDING SUB-
SECTIONS I[IId1 AND I•'
(SEAL) NY GON•l SGION EXP. NAY 11,1991 OF SECTION 1, ARTICLE
BONDED IHRO CHARTER T T of THE GENERDL INS. UND. ..PART R O REQUIRE A
A
OFFOUR-FIFTH MB VOTE
OF THE IT MBERSHIF
OF THE CITY COMMIS
ALSIGN
FOR THE APPROv-
^ OW EO LAND rOR REV..c✓"` Aloo IN EXCESS OI
TWENTY (2
0) YEARS
AND PROVIDING THA`
ALL ORDINANCES OA
PARTS OF ORDINANCE'
AND ALL RESOLUTION.
OR PARTS OF RESOLD
TIONS IN CONFLIC-
HEREWITH BE RE
PEALED TO THE EX
TENT F
FL CT. ANDSUCH PROVIDION.
FOR AN E y TIV,
ZN ORDINANCE OF THI
CITY OF DANIA. FLORr
CIA.AMENDING AR TICLC
IV OF THE CODE Oi OA
OINANC(S OF THE CIT-
Of DANIA [N TIT LFI
TIREMF f
N MS TONRRA,
WOLIERE O►Rl VIO us
�'
ME MEERS OF THE CI-
F DANIA POLICE AN
FIRE FIGHTERS RL TIRE
MEMT fYSTT AN.
E M%L�L[t pRf NTT•
SHERIFF MOwAI
COUNTY THE sa4v
ONfT
ANENT
AP/ DEE
TO ■[
salts IT
{'EC1 N C,S
\ I, MEl11 :I PROD I.�
'•/D RVIN,
INO
o3QLA
4$ "' .
y l
LF 1'
46 •• It-
is "NA IC IC