HomeMy WebLinkAboutO-12378J-03-453
05/30/03
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ORDINANCE NO. I / '-P
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, ENTITLED "ADMINISTRATION, BOARDS,
COMMITTEES, COMMISSIONS, STANDARDS FOR
CREATION AND REVIEW OF BOARDS GENERALLY", TO
ALLOW THE CITY COMMISSION TO WAIVE, BY
UNANIMOUS VOTE, THE EIGHT YEAR CONSECUTIVE
TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY
BOARDS, COMMITTEES, AND COMMISSIONS; MORE
PARTICULARLY BY ADDING NEW SUBSECTION 2-885(c)
TO SAID CODE; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 2-885 of the City Code currently provides
for an eight year term limit for members of boards, committees
and commissions; and
WHEREAS, due to the need for continuity in certain board
matters and procedures, and to derive maximum benefit from the
expertise of certain board members it is in the public interest
of the City of Miami to allow the City Commission by unanimous
vote to determine if a wavier of the eight year term limit is
appropriate for certain members;
12378
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 2, Article XI, of the Code of the
City of Miami, Florida, as amended, entitled "ADMINISTRATION,
BOARD, COMMITTEES, COMMISSIONS" is amended in the following
particulars:l/
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND
REVIEW OF BOARDS GENERALLY
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.
Page 2 of 4 12378
Sec. 2-885. Terms of office; term limit waiver.
(a) Unless otherwise specifically provided in
the Charter or the Code, the terms of office of the
members of each board shall be of one year or until
the nominating commissioner leaves office, whichever
occurs first. When the nominating commissioner leaves
office the board member's term shall expire.
Vacancies on boards shall be filled by the commission
for the unexpired term. Board members shall continue
to serve until their successors have been appointed
and qualified. The provisions of this section shall
not apply to the downtown development authority.
(b) No board member shall serve more than eight
consecutive years on any one board. The provisions of
this section shall be applied prospectively to current
board members. Nothing set forth in the subsection
above shall prohibit any individual from being
reappointed to a City board after a hiatus of two
years.
(c) The requirements contained in this Section
may be waived for a particular board member by an
unanimous vote of the members of the City Commission
* * * * * it
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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.
Page 3 of 4 12378
Section 5. This Ordinance shall become effective thirty
(3 0 ) days after final reading and adoption thereof. 21
PASSED ON FIRST READING BY TITLE ONLY this 22,,j_ day of
May , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 12th day of June , 2003.
MANUEL A. DIAZ, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of commission action
regarding same, without the Mayor ex e ng a vote.
ATTEST:
Priscilla A. ompson, City f
erk
PRISCILLA A. THOMPSON
CITY CLERK
-11
F M CORRECTNESS
�J? 'j UKV V1LAKbLLV
CI ATTORNEY
W1448:RSR:db:gc:BSS
z/ This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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.
Page 4 of 4
12tod0
Se -)nd Reading Ordin( ce
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
TO: Mayor and Members of mmission
FROM: Alejandro Vilarello, ey
DATE: May 30, 2003
RE: Proposed Seco g Ordinance -June 12, 2003 City Commission Meeting
Amending City a to allow the City Commission to waive the eight year consecutive
term limit f individuals appointed to certain city boards, committees, and
commissions (J-03453)
Pursuant to Motion 03-596 passed at the May 22, 2003 City Commission meeting, the
attached ordinance has been modified for second reading to allow the City Commission to waive,
by an unanimous vote, the eight year consecutive term limit for individuals appointed to certain
city boards, committees, and commissions.
This ordinance has been submitted for placement on the June 12, 2003 Agenda.
Attachment
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
12378
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
AD NO. 11049
CITY OF MIAMI - PROPOSED ORDINANCES - JUNE 12, 2003
ORD. AMENDING CHAPTER 62, ARTICLE III, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
06/02/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
shepaIMpither paid nor promised any person, firm or corporation
an disc nt, rebate, commission or refund for the purpose
of f ecur' g this advertisement for publication in the said
me
day gf�UNE V1 \, A.D.
(SEAL) 000.1-
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SOOKIE WILL We I� �"�tBt r>jh 4,20o4
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is hereby given that the city Comilt" of to City of Miami, Florida,
wHl consider the following ordinances on sownd and final reading. on
June 12,, 2003 commencing at 9:00 ami.,, in the City Commission
Charnbers, 3500 Pan American DAve,.WAm#, FWrida:
''INANCE NO.
AN ORDINANCE, OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 82, ARTICLE III, OF THE COPE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'ZONING.
AND PLANNING, PLANNING ADVISORY BOARD,' TO ADD A
NON-VOTING MEMBER APPOINTED BY THE MIAMI-DADE
COUNTY • SCHOOL BOARD (PURSUANT TO SECTION
1013.33 AND 163.31777 OF THE FLORIDA'$TATUTES) TO
THE PLANNING ADVISORY BOARD ('PAB'), AND EXEMPT-
ING THE SCHOOL BOARD'S EX -OFFICIO, NON-VOTING AP-
POINTEE FROM THE PROVISIONS OF CHAPTER 62, ARTI-
CLE V, ENTITLED `APPOINTMENT OF.MEMBERS AND AL-
TERNATE MEMBERS OF THE PLANNING ADVISORY
BOARD AND ZONING BOARD;' MORE PARTICULARLY AY
AMENDING SECTION 62-61 OF THE CITY CODE; CONTAIW
LNG A REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTA*
LISMING A NEW SPECIAL REVENUE FUND ENTITLMk
'MIAMI-DADE COUNTY EMS GRANT AWARD ,(FY iiw
2003),' AND APPROPRIATING FUNDS FOR THE OBER
TION OF SAME IN THE TOTAL AMOUNT OF $228,99% CON,
SI$TINQ OF A GRANT APPORTIONED BY MIAMI-DADE
COUNTY FROM THE STATE OF FLORIDA DEPARTMENTOF
HEALTH AND REHABILITATIVE SERVICES: "GRANT PRO-
GRAM FOR COUNTIES,' AND $120,000 IN CARRY-OVER
FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS;
AUTHORONG THE CITY MANAGER TO ACCEPT SAID
GRANT AWARD AND TO EXECUTE THE NECESSARY DOC-
UMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTOR-
NEY, FOR SAID PURPOSE; CONTAINING AREPEALER PRO-
VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF J'HE MIAMI CITY cOMFIYSSION ESTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED 'THE
D lNiTiATIVE GRAN FOR MODEL CITY
CDS REVITALIZATION ,DNS Aw. TRUST' FOR
CERTAIN SPECIAL- PROJECTS AND APPROPRIATING
FUNDS, IN THE AMOUNT OF, $1.28 MI1LUON, .FROM THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT IN SUPPORT OF THE MODEL CITY HOME-
OWNERSHIP
OMEOWl 1tP PILOT PROJECT; AUTHORIZ W THE CITY"
MAMA TO^ACCEPT THE GRAtIT AND TO EXECUTE ANY
DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT;
AND CONTAINING A REPEALER PROVISION, A SEVERAB14-
ITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF,THE MIAMI CITY COMMSSION RELAT•
ING TO MUNICIPAL ELECTIONS; CHANGING THE TUE$-
DAY, NOVEMBER 11, 2003, CITY OF MIAMN MUNICIPAL RUN-
OFF ELECTION TO TUESDAY,' NOVEMBER 18, 2003, TO
PROVIDE THE MIAM DADE COUNTY SUPERVISOR OF
ELECTIONS SUFFICIENT TIME TO ACCURATELY- PRO-
GRAM VOTING MACHINES, PRINT AND TEST -RUN THE
BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESS-
ING (ABSENTEE BALLOTING; DIRECTING THE CITY CLERK
TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE -TO
MIAMI-DADE COUNTY MANAGER STEVE SHIVER AND THE
MVJIM=DADE COU#%ttY ELECTIONS SUPERVISOR; -COW
TANNING A REPEALER PROVISION AND A SEVERAWLITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY AMEND-.
ING CHAPTER 4, ARTICLE t,' OF THE CO OF
MIAMI, FLORIDA, AS AMENDED ENTITLED "ALCOHOLIC
BEVERAGES, BY REPEAL.INC% IN THEIR ENTIRETY, SEC-
TIONS
ECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF
NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS,"
AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY
SALES, -RESPECTIVELY, TO MODIFY AND CLARIFY RELE-
VANT DEFINITb". AND ESTABLISH THE' HOURS IN
WHICH ALCMI.IC�EVERAGES MAY BE SOLD; FURTHER
ADDING NEW SECTION 444 ENTITLED "REQUIREMENTS
FOR RESTAURANTS; TO REGULATE THE CONSUMPTION
OF ALCOHOLIC BEVERAGES ON THE PREMISES OF FOOD
AND BEVERAGE RETAIL ESTABLISHMENTS; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND
ING CHAPTER 54/ARTICLES IX OF THE CITY CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
'STREETS AND SIDEWAU(SICOCONUT GROVE- SPECIAL
EVENTS DISTRICT•, TO INCREASE THE NUMBER OF MEW
BERS ON THE COCONUT .(TROVE SPECIAL EVENTS AND
MARKETING COMMITTEE FROM NINE TO TEN MEMBERS
TO INCLUDE A REPRESENTATIVE OF THE COCONUT
GROVE CHAMBER OF COMMERCE AS A MEMBER OF THE
COMMITTEE AND PROVIDE FOR INSTANCES OF A TIE
VOTE; MORE PARTICULARLY BY AMENDING SECTION 54-
342; CONTAINING A. REPEALER PROVISION; PROVIDING
FOR-MOAABUTYAND ANEFFI_CTIVEDATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY -COMMISSION CREAT-
ING A NEW SPECIAL REVENUE FUND ENTITLED:
'PROGRAMS FOR THE DEVELOPMENTALLY DISABLED
2003 - 2004; APPROPRIATING FUNDS FOR ITS OPERATION
IN THE ESTIMATED TOTAL AMOUNT OF $344,114; FUR-
THER AUTHORIZING THE CITY MANAGER TO ENTER INTO
TWO AGREEMENTS, ONE IN AN ESTIMATED AMOUNT OF
$9,370 FROM THE STATE OF FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES AND ANOTHER IN THE ESTIMAT-
ED AMOUNT OF, $334,744, FROM THE STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION; MEDICAID
PROGRAM DEVELOPMENT; SAID AGREEMENTS TO FUND
PROGRAMS FOR THE DEVELOPMENTALLY DISABLED
WHICH ARE ADMINISTERED BY THE PARKS AND RECREA-
TION DEPARTMENT THROUGH ITS PROGRAMS FOR PER;i
SONS WITH DISABILITIES DURING THE PERIOD OF JULY 1,
2003 THROUGH JUNE 30, 2004 FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE; NECESSARY DOC-
UMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTOR-
NEY, FOR ACCEPTANCE OF SAID AGREEMENTS.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI,CITY COMMISSION AMEND-
G CHAPTER 2, ARTICLE XI, DIVISION 2 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
-"ADMINISTRATION, BOARDS, 'COMMITTEES, COMMIS-
SIONS, STANDARDS FOR CREATION AND REVIEW OF
BOARDS GENERALLY', TO ALLOW THE CITY COMMISSION
TO WAIVE, BYUNANIMOUS VOTE, THE EIGHT YEAR CON-
SECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO
CITY BOARDS, COMMITTEES , IrQMMISSIONS; MORE
PARTICUWLY BY ADDING CTION 2-885(c) TO
SAID CODE; CONTAINING A REPEALER PROVISION, SEV-
ERAS TY CLAUSE AND PROVIDING. FOR IW EFFECTIVE
DAT
,ORD
AN ORDINANCE OF THE COMMISSION.AMEND-
ING CHAPTER 11.5 OF •• OF i tIE CITY OF MIAMI,
FLORIDA, AS AMENDE6 "CIVILIAN COMPLAINT
INVESTIGATION AND REVIEW TO'EXEMPT CERTAIN MEM-
BERS,OF THE CMLIAN-INVE0 1GATIVE PANEL FROM THE
MENT TO COMPLETE CITIZENS POLICE ACADE-
TRAINING OR APPROVED TRAINING THROUGH, NA
� ATIONAL ASSOCIATION OF CITIZENS' OVERSIGHT
;'6F LAW, ENFORCEMENT) OR EQUIVALENT PROGRAMS;
MORE PARTICULARLY BY AMENDING SECTION 11.5-
29(cx4xc) OF THE CODE; CONTAINING A REPEALER PRO-
VISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
ORDINANCE Ndf,
AN ORDINANCE OF P*Mb AAI } l/ _ AMEND-
ING ORDINANCE NO. 12190. A[JD APP MATING ADDI-
TIONAL FUNDS TO THE SPECIAL REVENUE FUND ENTI-
TLED *DUPONT PLAZA PROJECT - METROMOVER REA-
L04WNT IN DOWNTOWN MLAMP, IN THE AMOUNT OF $
1,300,000, CONSISTING OF A TRANSPORTATION OUT-
REACH`PROGRAM GRANT FROM THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE
OF PREPARING FINAL DESIGN TO ADDRESS TRANSIT RE-
ALIGNMENT AND" TRAFFIC REDIRECTION WITHIN THE
PROJECT STUDY AREA; AUTHORIZING THE CITY MANAG-
ER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE
THE NECESSARY DOCUMENTS, IN SUBSTANTIALITY THE
ATTACHED. FORM, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION AND A SEVERABILIf Y CLAUSE.
Said proposed ordinances may be inspected by the public at the
OMoe of the City Cleric, 3500 Pan Arnedcan Drive, Miami, Flori-
da, Monday through Friday, excluding hoWdays, between the
hours of 8 a.m. and 5 p.m.
AN interested persona may appear at the meefing and may be heard with
respect to the proposed ordinances. Should any person desire to appeal
any decision of the City Commission with fesped to any matter to be con-
sidered at this -meeting, that person shall ensure that a verbatim record of
the proceQdlnp! is made including all lestenony and evidence upon which
any appeal may be based.
PRISCIL.LA A. THOMPSON
CITY CLERK
q -p
(#11049) A•
6/2 03-4-58/388771 M