FR.3 - Modify Super Majority Vote Requirements
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), TITLED “ADMINISTRATION,” CHAPTER 18 OF THE CITY CODE, TITLED “FINANCE,” AND CHAPTER 62 OF THE CITY CODE, TITLED “PLANNING AND ZONING” BY AMENDING SECTIONS 2-160, 2-830, 2-884, 2-886, 2-1013, 2-1108, 2-1123, 2-1272, 2-1308, 18-86, 18-89, 18-139, 18-178, 18-182, 62-2.1, AND 62-16 TO PROVIDE, WHERE APPLICABLE, THAT CERTAIN CITY COMMISSION SUPER MAJORITY REQUIREMENTS MAY BE SATISFIED BY THE OTHERWISE REQUIRED FOUR-FIFTHS OR TWO-THIRDS VOTE, OR BY AN UNANIMOUS VOTE OF THE QUORUM THAT EXISTS BECAUSE OF EITHER ABSTENTIONS OR VACANCIES RESULTING FROM RESIGNATION, DEATH, SUSPENSION, OR PHYSICAL INCAPACITATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
July 9, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
PASSED ON FIRST READING
Motion to: Pass on First Reading
Mover: Damian Pardo, Commissioner
Seconder: Miguel Angel Gabela, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, the Code of the City of Miami, Florida, as amended (“City Code”), contains various provisions in Chapter 2, titled “Administration,” Chapter 18, titled “Finance,” and Chapter 62, titles “Planning and Zoning” requiring heightened votes of the City Commission for certain City Commission actions; and
WHEREAS, Chapter 2 of the City Code includes provisions requiring a four-fifths vote of the City Commission for, among other actions, removal of the Inspector General, waivers relating to special magistrates and City boards, and abolition of certain advisory bodies; and
WHEREAS, Chapter 18 of the City Code includes provisions requiring a four-fifths vote of the City Commission for certain procurement exceptions and Anti-Poverty Initiative disbursements, and provisions requiring a two-thirds vote of the City Commission for certain emergency conveyances and exemptions from restrictions relating to the sale of City real property; and
WHEREAS, Chapter 62 of the City Code includes provisions requiring a four-fifths vote of the City Commission for certain waivers of independent environmental impact studies, and waivers relating to the Planning, Zoning, and Appeals Board; and
WHEREAS, abstentions and vacancies resulting from resignation, death, suspension, or physical incapacitation may reduce the number of City Commissioners available to vote on matters requiring a heightened City Commission vote; and
WHEREAS, the City Commission desires to amend the applicable provisions of Chapters 2, 18, and 62 of the City Code to provide that, where applicable, the required heightened vote may also be satisfied by an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation; and
WHEREAS, the City Commission finds that this Ordinance promotes continuity in the transaction of municipal business while preserving the heightened voting requirements applicable to the affected City Commission actions;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Articles II, III, X, and XI; Chapter 18/Articles III, IV, and V; and Chapter 62/Articles I and III of the City Code is further amended in the following particulars:
“CHAPTER 2”
ADMINISTRATION
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ARTICLE III. OFFICERS
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DIVISION 5. OFFICE OF THE INSPECTOR GENERAL
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Sec. 2-160. Office of the inspector general.
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(i)Removal. The inspector general may be removed from office upon the affirmative vote of four-fifths of the city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE X. CODE ENFORCEMENT
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Sec. 2-830. Alternate code enforcement board system.
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(c)The special magistrate(s) will serve for a term of two years with the reappointment of one additional one-year term upon approval of the majority vote of the city commission. The special magistrate(s), if they have a residence in the city, shall not have any open code violations; shall possess such qualifications as required by this chapter; shall be subject to appointment and removal, with or without cause, by the city commission; and shall be compensated as set forth by city commission resolution. Any of these requirements may be waived through a four-fifths affirmative vote of the city commission,or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
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DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
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Sec. 2-884. Membership on boards.
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(e)Except as specifically provided in the Charter or the Code, an employee of Miami-Dade County, Florida, or any municipality therein other than a city employee, shall not serve on or be appointed to any board of the city, unless the city commission waives this restriction by a four-fifths affirmative vote of its membership, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, and the employee is a resident of the city.
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Sec. 2-886. Attendance requirement.
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(c)The provisions of this section may only be waived once by a four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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DIVISION 6. EDUCATION ADVISORY BOARD
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Sec. 2-1013\. Composition; appointment and terms of office of members; filling of vacancies.
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(h)Waiver. The city commission shall have the power to waive any of the requirements of subsection (a) above by four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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DIVISION 8. AFFORDABLE HOUSING ADVISORY COMMITTEE
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Sec. 2-1108. Abolition of the advisory committee.
The city commission may, by an affirmative four-fifths vote, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, abolish the advisory committee, at which time the powers and duties of the advisory committee shall revert to the city.
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DIVISION 9. INTERFAITH ADVISORY COUNCIL
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Sec. 2-1123. Composition; appointment and terms of office of members; filling of vacancies.
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(h)Waiver. The city commission shall have the power to waive any of the requirements of subsection (a) above by four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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DIVISION 18. CLIMATE RESILIENCE COMMITTEE
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Sec. 2-1272. Composition; appointment and terms of office of members; filling of vacancies.
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(e)Minimum attendance requirements. Voting members should attend each meeting. Any voting member who is absent from more than three meetings in a given calendar year shall automatically be deemed to have vacated his or her position, except that absences allowed pursuant to subsection 2-886(d) of the City Code shall not be counted. A voting member shall be deemed absent from a meeting when the member is not present at the meeting at least 75 percent of its duration. Nevertheless, the provisions of this subsection may be waived by a four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, pursuant to subsection 2-886(c).
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DIVISION 19. HOUSING AND COMMERCIAL LOAN COMMITTEE
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Sec. 2-1308. Abolition of the board.
The city commission may, by an affirmative four-fifths vote, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, abolish the board, at which time the powers and duties of the board shall revert to the city.
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“CHAPTER 18”
FINANCE
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ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
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Sec. 18-86. Competitive negotiations/competitive sealed proposals.
(a)Conditions for use.
(1)Competitive negotiations/competitive sealed proposals shall be used in those circumstances in which it is both practicable and advantageous for the city to consider a range of competing plans, specifications, standards, terms and conditions so that adequate competition will result and award be made not principally on the basis of price, but to the respondent whose proposal contains the most advantageous combination of price, quality or other features. All contracts shall be signed by the city manager.
(2)A contract may be entered into by use of the competitive negotiation/competitive sealed proposal methods when:
a.The chief procurement officer determines that the complex specialized nature or technical details of a particular procurement make the use of competitive sealed bidding either not practicable or reasonable, or not advantageous to the city; or
b.Specifications or scope of work cannot be fairly or objectively prepared so as to permit competition in the invitation for bids; or
c.Technology, electronic, software, and system applications are available from a limited number of sources; or
d.Qualifications and the quality of the service to be delivered can be considered more important than price.
(3)Competitive negotiations/competitive sealed proposals shall be used in the procurement of personal and professional services except for:
a.Professional services as defined in Florida Statute § 287.055, as amended from time to time.
b.Legal services.
c.Services related to the cultural, educational, recreational or park activities provided by non-profit organizations within city parks. These services may be awarded without competitive negotiations if the city manager makes a written finding, supported by reasons, to the city commission that competitive negotiation methods are not practicable or advantageous. Such finding must be ratified and the award approved by an affirmative vote of four-fifths of the commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing.
d.Maintenance agreements to support proprietary software applications.
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Sec. 18-89. Contracts for public works or capital improvements.
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(b)All contracts for public works or capital improvements in excess of $25,000.00 shall be awarded to the lowest responsive and responsible bidder after public notice on the basis of competitive sealed bidding methods, as provided herein or as provided in applicable Florida Statutes, whichever is determined to be in the best interest of the city. For contracts for public works and improvements in excess of $25,000.00 where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non-local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code section 18-73, is within 15 percent of the price submitted by the non-local bidder, then that non-local bidder and each of the aforementioned responsive, responsible local bidder(s) shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non-local bidder, contract award shall be made to the local bidder.
Notwithstanding the foregoing, the city manager may establish a pool of pre-qualified contractors for the city construction projects ("pilot program"). The prequalification pool of contractors for city construction projects pilot program ("pool"), will participate in an expedited, competitive sealed bidding process, as identified in Exhibit "A" \[to Ord. No. 13625\], which is deemed as being incorporated by reference herein.
Notwithstanding the foregoing, the city manager may waive competitive sealed procurement methods by making a written finding, supported by reasons, that a valid emergency exists or that there is only one reasonable source of supply, which finding must be ratified by an affirmative vote of four-fifths of the city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing. When competitive sealed procurement methods are waived, other procurement methods as may be prescribed by ordinance shall be followed, except for the cone of silence provisions.
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ARTICLE IV. GRANTS
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Sec. 18-139. Anti-poverty initiative—Established.
The Anti-Poverty Initiative ("API") is hereby established to reduce poverty within Miami communities and funding shall be utilized to meet the needs of at-risk/poverty-stricken residents. The API shall address poverty based on a strategy of focusing the provision of support towards the city's residents achieving self-sufficiency.
API encompasses the five city districts being allocated funds proportionate to the percentage of poverty levels in said district, based upon the five-year poverty rate determined by the American Community Survey, as established annually.
(1)Funding. API Funding is to be allocated and utilized per the API Program Guidelines, which may be amended from time-to-time, by Resolution adopted by the city commission.
Any disbursement of API funds in excess of $50,000.00 in any single city fiscal year to any single entity or organization shall require approval by resolution of the city commission by a four-fifths affirmative vote, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE V. SALE OR LEASE OF CITY’S REAL PROPERTY
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Sec. 18-178. Emergency conveyances.
The city commission or department of off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance or disposition to the highest responsible bidder by means of the following procedure: The city manager, the director of the off-street parking department, or the director of the downtown development authority, as appropriate, must make a written finding, supported by reasons, that a valid emergency exists. Such finding must be ratified by an affirmative vote of two-thirds of the city commission or applicable board, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing. In such event the city manager, the director of the off-street parking department, or the director of the downtown development authority, as appropriate shall solicit as many proposals as practicable for the sale, lease or conveyance or disposition of the property. The commission or applicable board, as appropriate, shall accept the proposal that is most advantageous.
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Sec. 18-182. Authority to sell.
(a)The city manager is hereby authorized to sell any real property owned by the city not needed for public use or that may have become unsuitable for use by any city department, provided that:
(1)Such property cannot be leased so as to produce revenue to the city.
(2)Such property shall not be sold for less than its appraised or assessed value, unless express authority is given by the city commission.
(3)The deed of conveyance for such property shall contain a provision which requires that in the event the property is ever immune or exempt from the payment of ad valorem taxes, the grantee, or any of the grantee's assigns, heirs, or successors, shall pay to the city an annual payment which shall be equal to what the city would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to F.S. ch. 193, as amended.
(b)For purposes of this section, appraised values shall be those determined by at least two independent appraisers, both of whom shall be members of the American Institute of Real Estate Appraisers, unless said appraisers cannot agree on value, in which case the higher value shall be deemed the appraised value.
(c)The city commission may declare an exemption from the restrictions contained in subsection (a) above and declare them inapplicable by resolution provided that the city manager has made a written finding that it is in the best interest of the city, which findings must be ratified by an affirmative vote of 2 / 3 of the commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing.
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“CHAPTER 62”
PLANNING AND ZONING
ARTICLE I. IN GENERAL
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Sec. 62-2.1. Independent traffic and environmental impact studies.
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If an environmental impact study is required by the city pursuant to the City Code or the city's zoning ordinance, it shall be performed by an independent provider pursuant to this section of the City Code. In addition, any acquisition, sale, or lease of city-owned property over $2,000,000.00 shall require an independent environmental impact study unless waived by four-fifths affirmative vote of the city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE III. PLANNING, ZONING AND APPEALS BOARD
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Sec. 62-16. Appointments; qualifications.
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(d)The city commission shall appoint the board members from the nominations made by each city commissioner, for ten members of the planning, zoning and appeals board. The mayor shall appoint one member and the alternate member. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who:
(1)Has any interest in the profits or emoluments of any contract, job, work, or service for the city;
(2)Holds any elective office; or
(3)Is employed in a full-time capacity by any governmental authority in the county or the city, however a person so employed may be appointed if the city commission waives this restriction by a four-fifths affirmative vote of its membershipthe city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon final reading and adoption thereof.
APPROVED AS TO FORM AND CORRECTNESS:
WHEREAS, Chapter 2 of the City Code includes provisions requiring a four-fifths vote of the City Commission for, among other actions, removal of the Inspector General, waivers relating to special magistrates and City boards, and abolition of certain advisory bodies; and
WHEREAS, Chapter 18 of the City Code includes provisions requiring a four-fifths vote of the City Commission for certain procurement exceptions and Anti-Poverty Initiative disbursements, and provisions requiring a two-thirds vote of the City Commission for certain emergency conveyances and exemptions from restrictions relating to the sale of City real property; and
WHEREAS, Chapter 62 of the City Code includes provisions requiring a four-fifths vote of the City Commission for certain waivers of independent environmental impact studies, and waivers relating to the Planning, Zoning, and Appeals Board; and
WHEREAS, abstentions and vacancies resulting from resignation, death, suspension, or physical incapacitation may reduce the number of City Commissioners available to vote on matters requiring a heightened City Commission vote; and
WHEREAS, the City Commission desires to amend the applicable provisions of Chapters 2, 18, and 62 of the City Code to provide that, where applicable, the required heightened vote may also be satisfied by an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation; and
WHEREAS, the City Commission finds that this Ordinance promotes continuity in the transaction of municipal business while preserving the heightened voting requirements applicable to the affected City Commission actions;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Articles II, III, X, and XI; Chapter 18/Articles III, IV, and V; and Chapter 62/Articles I and III of the City Code is further amended in the following particulars:
“CHAPTER 2”
ADMINISTRATION
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ARTICLE III. OFFICERS
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DIVISION 5. OFFICE OF THE INSPECTOR GENERAL
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Sec. 2-160. Office of the inspector general.
\*\*\*
(i)Removal. The inspector general may be removed from office upon the affirmative vote of four-fifths of the city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE X. CODE ENFORCEMENT
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Sec. 2-830. Alternate code enforcement board system.
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(c)The special magistrate(s) will serve for a term of two years with the reappointment of one additional one-year term upon approval of the majority vote of the city commission. The special magistrate(s), if they have a residence in the city, shall not have any open code violations; shall possess such qualifications as required by this chapter; shall be subject to appointment and removal, with or without cause, by the city commission; and shall be compensated as set forth by city commission resolution. Any of these requirements may be waived through a four-fifths affirmative vote of the city commission,or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
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DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
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Sec. 2-884. Membership on boards.
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(e)Except as specifically provided in the Charter or the Code, an employee of Miami-Dade County, Florida, or any municipality therein other than a city employee, shall not serve on or be appointed to any board of the city, unless the city commission waives this restriction by a four-fifths affirmative vote of its membership, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, and the employee is a resident of the city.
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Sec. 2-886. Attendance requirement.
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(c)The provisions of this section may only be waived once by a four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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DIVISION 6. EDUCATION ADVISORY BOARD
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Sec. 2-1013\. Composition; appointment and terms of office of members; filling of vacancies.
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(h)Waiver. The city commission shall have the power to waive any of the requirements of subsection (a) above by four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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DIVISION 8. AFFORDABLE HOUSING ADVISORY COMMITTEE
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Sec. 2-1108. Abolition of the advisory committee.
The city commission may, by an affirmative four-fifths vote, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, abolish the advisory committee, at which time the powers and duties of the advisory committee shall revert to the city.
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DIVISION 9. INTERFAITH ADVISORY COUNCIL
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Sec. 2-1123. Composition; appointment and terms of office of members; filling of vacancies.
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(h)Waiver. The city commission shall have the power to waive any of the requirements of subsection (a) above by four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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DIVISION 18. CLIMATE RESILIENCE COMMITTEE
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Sec. 2-1272. Composition; appointment and terms of office of members; filling of vacancies.
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(e)Minimum attendance requirements. Voting members should attend each meeting. Any voting member who is absent from more than three meetings in a given calendar year shall automatically be deemed to have vacated his or her position, except that absences allowed pursuant to subsection 2-886(d) of the City Code shall not be counted. A voting member shall be deemed absent from a meeting when the member is not present at the meeting at least 75 percent of its duration. Nevertheless, the provisions of this subsection may be waived by a four-fifths vote of the members of the full city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, pursuant to subsection 2-886(c).
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DIVISION 19. HOUSING AND COMMERCIAL LOAN COMMITTEE
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Sec. 2-1308. Abolition of the board.
The city commission may, by an affirmative four-fifths vote, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, abolish the board, at which time the powers and duties of the board shall revert to the city.
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“CHAPTER 18”
FINANCE
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ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
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Sec. 18-86. Competitive negotiations/competitive sealed proposals.
(a)Conditions for use.
(1)Competitive negotiations/competitive sealed proposals shall be used in those circumstances in which it is both practicable and advantageous for the city to consider a range of competing plans, specifications, standards, terms and conditions so that adequate competition will result and award be made not principally on the basis of price, but to the respondent whose proposal contains the most advantageous combination of price, quality or other features. All contracts shall be signed by the city manager.
(2)A contract may be entered into by use of the competitive negotiation/competitive sealed proposal methods when:
a.The chief procurement officer determines that the complex specialized nature or technical details of a particular procurement make the use of competitive sealed bidding either not practicable or reasonable, or not advantageous to the city; or
b.Specifications or scope of work cannot be fairly or objectively prepared so as to permit competition in the invitation for bids; or
c.Technology, electronic, software, and system applications are available from a limited number of sources; or
d.Qualifications and the quality of the service to be delivered can be considered more important than price.
(3)Competitive negotiations/competitive sealed proposals shall be used in the procurement of personal and professional services except for:
a.Professional services as defined in Florida Statute § 287.055, as amended from time to time.
b.Legal services.
c.Services related to the cultural, educational, recreational or park activities provided by non-profit organizations within city parks. These services may be awarded without competitive negotiations if the city manager makes a written finding, supported by reasons, to the city commission that competitive negotiation methods are not practicable or advantageous. Such finding must be ratified and the award approved by an affirmative vote of four-fifths of the commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing.
d.Maintenance agreements to support proprietary software applications.
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Sec. 18-89. Contracts for public works or capital improvements.
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(b)All contracts for public works or capital improvements in excess of $25,000.00 shall be awarded to the lowest responsive and responsible bidder after public notice on the basis of competitive sealed bidding methods, as provided herein or as provided in applicable Florida Statutes, whichever is determined to be in the best interest of the city. For contracts for public works and improvements in excess of $25,000.00 where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non-local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code section 18-73, is within 15 percent of the price submitted by the non-local bidder, then that non-local bidder and each of the aforementioned responsive, responsible local bidder(s) shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non-local bidder, contract award shall be made to the local bidder.
Notwithstanding the foregoing, the city manager may establish a pool of pre-qualified contractors for the city construction projects ("pilot program"). The prequalification pool of contractors for city construction projects pilot program ("pool"), will participate in an expedited, competitive sealed bidding process, as identified in Exhibit "A" \[to Ord. No. 13625\], which is deemed as being incorporated by reference herein.
Notwithstanding the foregoing, the city manager may waive competitive sealed procurement methods by making a written finding, supported by reasons, that a valid emergency exists or that there is only one reasonable source of supply, which finding must be ratified by an affirmative vote of four-fifths of the city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing. When competitive sealed procurement methods are waived, other procurement methods as may be prescribed by ordinance shall be followed, except for the cone of silence provisions.
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ARTICLE IV. GRANTS
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Sec. 18-139. Anti-poverty initiative—Established.
The Anti-Poverty Initiative ("API") is hereby established to reduce poverty within Miami communities and funding shall be utilized to meet the needs of at-risk/poverty-stricken residents. The API shall address poverty based on a strategy of focusing the provision of support towards the city's residents achieving self-sufficiency.
API encompasses the five city districts being allocated funds proportionate to the percentage of poverty levels in said district, based upon the five-year poverty rate determined by the American Community Survey, as established annually.
(1)Funding. API Funding is to be allocated and utilized per the API Program Guidelines, which may be amended from time-to-time, by Resolution adopted by the city commission.
Any disbursement of API funds in excess of $50,000.00 in any single city fiscal year to any single entity or organization shall require approval by resolution of the city commission by a four-fifths affirmative vote, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE V. SALE OR LEASE OF CITY’S REAL PROPERTY
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Sec. 18-178. Emergency conveyances.
The city commission or department of off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance or disposition to the highest responsible bidder by means of the following procedure: The city manager, the director of the off-street parking department, or the director of the downtown development authority, as appropriate, must make a written finding, supported by reasons, that a valid emergency exists. Such finding must be ratified by an affirmative vote of two-thirds of the city commission or applicable board, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing. In such event the city manager, the director of the off-street parking department, or the director of the downtown development authority, as appropriate shall solicit as many proposals as practicable for the sale, lease or conveyance or disposition of the property. The commission or applicable board, as appropriate, shall accept the proposal that is most advantageous.
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Sec. 18-182. Authority to sell.
(a)The city manager is hereby authorized to sell any real property owned by the city not needed for public use or that may have become unsuitable for use by any city department, provided that:
(1)Such property cannot be leased so as to produce revenue to the city.
(2)Such property shall not be sold for less than its appraised or assessed value, unless express authority is given by the city commission.
(3)The deed of conveyance for such property shall contain a provision which requires that in the event the property is ever immune or exempt from the payment of ad valorem taxes, the grantee, or any of the grantee's assigns, heirs, or successors, shall pay to the city an annual payment which shall be equal to what the city would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to F.S. ch. 193, as amended.
(b)For purposes of this section, appraised values shall be those determined by at least two independent appraisers, both of whom shall be members of the American Institute of Real Estate Appraisers, unless said appraisers cannot agree on value, in which case the higher value shall be deemed the appraised value.
(c)The city commission may declare an exemption from the restrictions contained in subsection (a) above and declare them inapplicable by resolution provided that the city manager has made a written finding that it is in the best interest of the city, which findings must be ratified by an affirmative vote of 2 / 3 of the commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation, after a properly advertised public hearing.
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“CHAPTER 62”
PLANNING AND ZONING
ARTICLE I. IN GENERAL
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Sec. 62-2.1. Independent traffic and environmental impact studies.
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If an environmental impact study is required by the city pursuant to the City Code or the city's zoning ordinance, it shall be performed by an independent provider pursuant to this section of the City Code. In addition, any acquisition, sale, or lease of city-owned property over $2,000,000.00 shall require an independent environmental impact study unless waived by four-fifths affirmative vote of the city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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ARTICLE III. PLANNING, ZONING AND APPEALS BOARD
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Sec. 62-16. Appointments; qualifications.
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(d)The city commission shall appoint the board members from the nominations made by each city commissioner, for ten members of the planning, zoning and appeals board. The mayor shall appoint one member and the alternate member. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who:
(1)Has any interest in the profits or emoluments of any contract, job, work, or service for the city;
(2)Holds any elective office; or
(3)Is employed in a full-time capacity by any governmental authority in the county or the city, however a person so employed may be appointed if the city commission waives this restriction by a four-fifths affirmative vote of its membershipthe city commission, or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon final reading and adoption thereof.
APPROVED AS TO FORM AND CORRECTNESS:
Fiscal Impact
N/A