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HomeMy WebLinkAboutAgenda Item Cover Pagerit t * AGENDA ITEM COVER PAGE File ID: #9227 Ordinance Second Reading Sponsored by: Francis Suarez, Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY', BY ADDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON CONTINUANCES AND DEFERRALS OF ITEMS BY CITY OF MIAMI BOARDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021 o z * incaPr oeaiio " City of Miami Q, Legislation Ordinance Enactment Number: 14012 File Number: 9227 Final Action Date: 7/22/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY', BY ADDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON CONTINUANCES AND DEFERRALS OF ITEMS BY CITY OF MIAMI BOARDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has many boards, some of which are strictly advisory and some of which are quasi-judicial in nature; and WHEREAS, City boards are an integral part of the operation of the City; and WHEREAS, it is imperative that City boards function efficiently, including taking action on items in a timely manner in order to effectively aid the City in its operations; and WHEREAS, guidance for City board continuances and deferrals of items is needed in order to facilitate an efficient process; and WHEREAS, in addition, many items require a timely decision by the City; and WHEREAS, the City Commission finds that it is necessary and appropriate to provide guidance to City boards and set reasonable limits on the amount of deferrals or continuances a City board can take on an item and reasonable limits on the total time period for deferrals or continuances in order to create a smooth and efficient process for reviewing action items, provided that the deferrals or continuances are not attributable to the applicant and that they may be extended by mutual consent or no objection from the applicant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 2/Article XI/Division 2 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:' "CHAPTER 2 ' 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 unchanaed material. City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-895. - Continuances/Deferrals by City Boards Notwithstanding anything to the contrary in the City Code or Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, any Board as defined in Section 2- 882 of the City Code, other than the City Commission, acting in its advisory capacity and making recommendations to the City Commission that has the authority to continue or defer an item may only defer or continue an item as follows: a. The Board may defer an item for ninety (90) days with a simple majority vote. b. Thereafter, the Board may defer an item for an additional forty-five (45) days by a four -fifths (4/5th) vote of the Board. c. Thereafter, the Board may defer an item for an additional forty-five (45) days by a unanimous vote of the Board. The Board must specify reasons for the deferral or continuance. If a Board does not or is unable to act on an item within the above one hundred eighty (180) day time period, the item shall be considered a denial and/or will result in the item moving on to the City Commission with no recommendation from the lower Board. as aaDlicable. This requirement may be waived by mutual consent of the Board and the applicant, whether the applicant is the City, a private party, or any other applicant. The above one hundred eighty (180) day time period shall not apply if the Board meeting is cancelled due to an emergency, such as a state of emergency due to a natural disaster. The Board shall be afforded one (1) meetina cancellation due to auorum that will not count toward the above one hundred eighty (180) day above time period Secs. 2-89-56-2-920. - Reserved. 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 should not be affected. Section 4. This Ordinance shall become effective immediately after adoption thereof.2 2 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 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: 9227 (Revision: 8) Printed On: 912012021 APPROVED AS TO FORM AND CORRECTNESS: Vf t6ria-Vrd6z, City Attor iey 6/15/2021 ria i " dez, Cify Attor iey 7/12/2021 City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021