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File ID: #7281
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/GENERALLY", BY ADDING NEW SECTION 2-863, TITLED "CITY
STAFF ATTENDANCE", TO PROVIDE INSTANCES WHERE THE CITY MANAGER
MUST DIRECT STAFF TO ATTEND CERTAIN BOARD MEETINGS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 7281 (Revision: A) Printed On: 7/9/2020
File Number: 7281
City of Miami
Legislation
Ordinance
Enactment Number: 13904
Final Action Date: 6/11/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/GENERALLY", BY ADDING NEW SECTION 2-863, TITLED "CITY
STAFF ATTENDANCE", TO PROVIDE INSTANCES WHERE THE CITY MANAGER
MUST DIRECT STAFF TO ATTEND CERTAIN BOARD MEETINGS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has various quasi-judicial boards including, without
limitation, the Code Enforcement Board, the Historic and Environmental Preservation Board,
and the Planning, Zoning and Appeals Board, that consider and decide notable development
permits, other applications, and other issues concerning property uses and rights; and
WHEREAS, the City has various boards, committees, and commissions that opine on
matters that have significant financial, fiscal, or budgetary impacts, including, without limitation,
the Bond Oversight Board and the Finance Committee; and
WHEREAS, the City has various quasi -autonomous agencies and instrumentalities that
are in certain instances able to enter into contracts such as the Bayfront Park Management
Trust and the Virginia Key Beach Park Trust; and
WHEREAS, certain of the foregoing boards, committees, and commissions may, from
time to time, have agenda items before them where the City is an applicant for a permit or
similar approval or where a recommendation to the City Commission is required from such
board; and
WHEREAS, certain of the foregoing boards, committees, and commissions may, from
time to time, have projects presented before them, including, without limitation, projects
intended to be situated on City -owned property which have significant financial, fiscal, or
budgetary impacts upon the City; and
WHEREAS, in some instances in the past, appropriate City staff were absent when the
applicable City boards, committees, and commissions considered certain agenda items placing
the board, committee, or commission at a disadvantage; and
WHEREAS, it is in the best interests of the City and would further the civic interests of
well-informed boards, committees, commissions, and the public if the attendance of appropriate
City staff is required at certain public meetings;
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.
City of Miami File ID: 7281 (Revision: A) Printed On: 7/9/2020
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 1. GENERALLY
Sec. 2-863. Citv staff attendance.
(a) Whenever the City Commission adopts legislation requiring the City Manager or designee
to attend public hearings or meetings of a City Board, Commission, or Committee, the City
Manager shall require the appropriate designee to attend such public hearing or meeting. The
City Manager's designee shall be prepared to furnish relevant information to the Board,
Commission, or Committee; make a presentation as may be warranted or requested; and
answer questions related to the agenda item(s) posed by the board members.
b) This attendance reauirement is an essential dutv and responsibility of the Citv Manaaer
including the following instances:
(1) When a quasi-judicial board is deciding on a land development permit, violation, or
other approval or will be making a recommendation to the City Commission regarding
any application, violation, or approval in any instance where the City is an owner, the
applicant, or is among the applicants or owners;
(2) A project, development, financing, borrowing, or similar matter that will have a
significant financial, fiscal, or budgetary impact on the City; or
(3) A contract, borrowing, purchase, or sale is involved in which the City is a party or
will be a party to such contract, borrowing, purchase, or sale or the Board, Committee,
or Commission will make an official recommendation to the City Commission regarding
any of these transactions.
*„
Section 3. If any section, part of 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 thirty (30) days after final reading and
adoption thereof.z
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
City of Miami File ID: 7281 (Revision: A) Printed On: 7/9/2020
APPROVED AS TO FORM AND CORRECTNESS:
J
ria ndez, ity ttor ey 3116/2020
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami File ID: 7281 (Revision: A) Printed On: 71912020