HomeMy WebLinkAboutO-12177J-01-1033
1/10/02
ORDINANCE NO. 192 17 r`
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS, TO ESTABLISH THE HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD AND PROVIDE FOR THE "SUNSET"
OF SAID BOARD; TO SET FORTH SAID BOARD'S
PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR
MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE,
VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES
AND RULES OF PROCEDURE, MEETINGS, QUORUM,
VOTING, ATTENDANCE REQUIREMENTS, ASSIGNMENT
OF STAFF, COUNSEL, NOTICES AND FILING OF
RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY
BY ADDING NEW DIVISION 15, CONSISTING OF
SECTIONS 2-1200 THROUGH 2-1206, AND AMENDING
SECTION 2-892 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, on November 13, 2001, the electorate of the City of
Miami approved general obligation bonds, in an aggregate
principal amount not to exceed $255,000,000, to secure resources
for projects related to homeland defense and neighborhood
improvements to assure public safety, and provide for street and
drainage improvements, flood mitigation, quality of life
infrastructure improvements and historic preservation
initiatives; and
x.21'7"r
WHEREAS, pursuant to Motions 01-1162 and 01-1244, adopted
October 25 and November 15, 2001, respectively, the City
Commission directed the City Attorney to create a citizen's
oversight board to oversee and monitor the implementation of the
proceeds during the ten year life span of said bonds;
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/Article XI/Section 2-892, entitled
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/"Sunset" review
of boards.," is amended in the following particulars:'/
"Chapter 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 1. 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 8
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each City board
shall be reviewed in the following manner:
(4) The following boards shall initially be reviewed
in the following years and shall be reviewed every
four years thereafter:
* * * *
h. 2002
1. HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT
BOND PROGRAM OVERSIGHT BOARD
(This Board shall sunset on December 31, 2011.)
hi. 2007:
1. Model City Homeownership Trust.
Section 3. Chapter 2/Article XI, entitled
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS, is amended by
adding new Division 15, consisting of Sections 2-1200 through
2-1206, to the Code of the City of Miami, Florida, as amended, in
the following particulars:/
"Chapter 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 15. HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
PROGRAM OVERSIGHT BOARD
Ibid.
Page 3 of 8
Sec. 2-1200. Established; sunset date.
(a) There is established a limited agency and
instrumentality of the City of Miami to be known as the
"Homeland Defense/Neighborhood Improvement Bond Program
Oversight Board" which shall hereinafter be referred to
as the "Board"
(b) Sunset date. This Board shall sunset on
December 31, 2011.
Sec. 2-1201. Purpose, powers and duties
The purpose, powers and duties of the Board are:
(1) to serve in an advisory capacity to the City
Commission related to the monitoring of the
resources derived from the issuance of
general obligation bonds, approved by the
electorate on November 13, 2001, for homeland
defense preparedness and neighborhood
improvements and enhancements for projects
other than those specifically identified by
the City Administration and set forth in
informational pamphlets and media releases
distributed to the public prior to said
electinn-
(2) identify projects related to historic
preservation and improvements for public
safety, parks and recreation, and quality of
life issues (greenways, street paving
drainage, sidewalks and lighting);
(3) recommend amount of funding to be dedicated
for each improvement or project;
(4) monitor eachproject's status for efficient
use of allocated funding;
(5) expedite the development of the followin
projects identified as priorities by the City
Commission:
a) a state of the art training facility for
City of Miami Police and Fire personnel;
Page 4 of 8
217 7
b) the Little Haiti Park; and
(c) City-wide road and sidewalk repairs.
Sec. 2-1202. Membership; qualifications; terms of
office; vacancies; officers;
parliamentary procedures and rules of
procedure; meetings, quorum; voting;
attendance requirements.
(a) Membership. The Board shall consist of
fifteen voting members who shall serve without
compensation, but shall be reimbursed for necessar
expenses incurred in official duties, as may be
determined and approved by the City Commission, and
shall be composed as follows:
(1) Five members appointed by the Mayor; and
(2) Ten (10) members appointed by the members of
the commission, with each Commissioner
nominating two (2) individuals.
(b) Qualifications. The provisions set forth in
Section 2-884 shall app y to the members of the Board.
(c) Terms of office. The terms of office of
the members of the Board shall be for one year, or
until the Mayor or the nominating Commissioner leaves
office, whichever occurs first. All members shall
continue to serve until their successors have been
appointed and qualified. The provisions of
Section 2-885(b) shall not apply to the members of the
Board, as it relates to the number of years a member
may serve on the Board.
(d) Vacancies. If a vacancy occurs on the Board,
such vacancy shall be filled as applicable by either
the Mayor or a nomination by the Commissioner who
nominated the member whose position has become vacant
with subsequent ap ointment by the commission Such
appointment shall be effective for the remainder of the
unexpired term or until the Mayor or the nominating
Commissioner leaves office.
(e) Officers. The Mayor shall designate the
Chairperson of the Board. The Board shall select and
designate from its members a Vice -chairperson,
Secretary, and such other officers as may be deemed
Page 5 of 8
1217
necessary, who shall serve at the pleasure of the
Board. No Chairperson shall serve more than two years
in office. The Vice -chairperson shall serve as
Chairperson in the absence of the Chairperson
(f) Parliamentary authority and rules of
procedure. The parliamentary authority of the Board
shall be Robert's Rules of Order (Current Editinn)
unless the Board adopts its own order of business and
rules of procedure governing its meetings, and actions
on matters within its jurisdiction, not inconsistent
with the provisions set forth herein, which rules of
procedure shall be filed with the City Clerk Copies
of minutes of all Board meetings shall be furnished to
the Mayor, Commissioners and the City Manager.
(g) Meetings; quorum; and voting All meetings
of the Board shall be opened to the public The
provisions set forth in Section 2-887 of this Article
shall apply to all members of the Board as they relate
to quorum and voting.
(h) Attendance requirements. The provisions set
forth in Section 2-886 of this Article shall a ply to
all members of the Board.
Sec. 2-1203. Assignment of staff.
(a) It shall be the duty of the City Clerk to
provide the services of an individual to keep minutes
of meetings, maintain committee correspondence, post
meeting notices, file reports and perform all other
necessary support functions
(b) It shall be the duty of the City Manager to
assign individuals from the Departments of Parks and
Recreation, Public Works, Police, Fire -Rescue,
Conferences, Conventions and Pubic Facilities,
Planning, Real Estate and Economic Development, Asset
Management and the Neighborhood Enhancement Teams as
may be necessary to advise the Board about ongoing and
pending projects and to provide administrative support.
Sec. 2-1204. Counsel.
The City Attorney's Office shall provide legal
counsel to the Board.
Page 6 of 8
12177
Sec. 2-1205._ Notices and filinq of records.
The provisions set forth in Section 2-888 shall
apply to the Board. Notice of meetings shall be posted
by the City Clerk at City Hall and other appropriate
locations after being apprised by the Board of an
upcoming meeting(s). Advertised public notice of
meetings are not required. It shall be the duty of the
City Clerk to comply with applicable laws related to
filing of records and Section 2-889.
Sec. 2-1206. Annual Report.
The provisions set forth in Section 2-890 of this
Article shall apply related to the submittal of annual
reports.
Section 4. All ordinances or parts of ordinances or
resolutions insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty
Page 7 of 8
(30) days after final reading and adoption thereof.31
PASSED ON FIRST READING BY TITLE ONLY this 13th day
Of December , 2001.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 10th day of January , 2002.
ATTEST:
WAL R J. FOEMAN
CITY CLERK
TNESS :if
3/ 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 8 of 8
SECOND READING
ORDINANCE
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 14
MEMORANDUM -
TO: May r andTbxofAe Cy ommission
FROM: j o 44
llo, ty Attorney
DATE: J ary 2, 2002
RE: City Commission Meeting -January 10, 2002
Second Reading Ordinance -Establishing the Homeland
Defense/Neighborhood Improvement Bond Program Oversight Board
(J-01-1033)
The attached ordinance establishing the Homeland Defense/Neighborhood Improvement
Bond Program Oversight Board to oversee and monitor the implementation of the proceeds
derived from the issuance of general obligation bonds, as approved by the electorate on
November 13, 2001, was passed on first reading by the City Commission on December 13, 2001.
At that meeting, the City Commission directed the City Attorney to modify the ordinance
to reflect that the Board "... serve in an advisory capacity to the City Commission related to the
monitoring of the resources derived from the issuance of general obligation bonds, approved by
the electorate on November 13, 2001, for homeland defense preparedness and neighborhood
improvements and enhancements for projects other than those specifically identified by the City
Administration and set forth in informational pamphlets and media releases distributed to the
public prior to said election...."
The City Commission also requested that the composition of the Board's membership be
clearly designated. This ordinance provides for a Board consisting of fifteen voting members,
with five members appointed by the Mayor, and ten (10) members appointed by the members of
the commission, with each Commissioner nominating two (2) individuals.
This proposed ordinance has been submitted to the Agenda Coordinator for placement for
second reading on the January 10, 2002 City Commission Agenda.
W650:BSS
Attachment
c: Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
Robert Nachlinger,. Assistant City Manager
12177E
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 she is the Vice
President of legal Advertising 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 advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
PROPOSED ORDINANCE 1/10/02
"ADMINISTRATION/BOARDS,
COMMITTEES, ETC.
In the............XXXXX...................... court,
was published in said newspaper in the issues of
Dec 31, 2001
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, F da, for a period of one year next preceding the
first puLnthe attached copy of advertisement; and
affiantat she has neither paid nor promised
any peorporation any discount, rebate, com-
missiothe purpose of securing this advertise-
ment f the said newsp er.
S to and subscribed
31 ` ecember
01
..... ....._. c
(SEAL) (J•"•— +'w • ^A I ar-AL
Scolds Williams personJANETP LLERENA
11T17di"IC STATE OF FLORIDA
COMMISSION NO. CC 912958
CITY OF MIAMI, FLORIDA
:.1N NOTICE OF PROPOSED ORDINANCE
Notice is hereby given that the City Commission of the City of Miami,
Florida, will consider the following ordinances on second and final reading
on January 10, 2002 commencing at 9:00 a.m., in the City Commission
Chambers, 3500 Pan American Drive, Miami, Florida:
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED
"MIAMI-DADE COUNTY EMS GRANT AWARD (FY '2001-02)",
AND APPROPRIATING FUNDS FOR THE OPERATION OF
SAME 'N THE AMOUNT OF $108,375.96, CONSISTING OF A
GRANT FROM MIAMI-DADE COUNTY; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM AC-
CEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILI-
TY CLAUSE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED
"EXTENSIVE RESEARCH FEE," PROJECT AND APPROPRI-
ATING FUNDS IN THE AMOUNT OF $5,000 CONSISTING OF
MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLI-
CATING COSTS WHENEVER AND EXTRAORDINARY TIME
CONSTRAINT IS DESIGNATED BY PERSON(S) REQUEST -
^^PIES OF RESEARCH OR PUBLIC RECORDS; CON -
A REPEALER PROVISION AND A SEVERABILITY
crit to ;>I " ORDINANCE NO.
61nU tr DRDINANCE OF THE MIAMI CITY COMMISSION AMEND -
M •.�_ " NG CHAPTER 2, ARTICLE III, DIVISION 4 OF CODE OF THE
CITY OF MIAMI, AS AMENDED, ENTITLED
"ADMINISTRATION/CITY CLERK," RESPECTIVELY, TO ES-
TABLISH A FEE TO BE CHARGED IN CONNECTION WITH
PURCHASE OF COMPACT DISC VOICE RECORDINGS
FROM CITY COMMISSION PROCEEDINGS, IN ACCOR-
DANCE WITH SECTION 119.07 FLORIDA STATUTES; MORE
PARTICULARLY BY AMENDING SECTION 2-142(c) OF SAID
CODE; CONTAINING A REPEALER PROVISION, A SEVERA-
BILITY AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED "FTR
GOLD MULTI -CHANNEL DIGITAL RECORDING SYSTEM"
AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000
FOR COMPACT DISC SALES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, 'AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMIS-
SIONS, TO ESTABLISH THE HOMELAND DEFENSE/
NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVER-
SIGHT BOARD AND PROVIDE FOR THE "SUNSET" OF SAID
BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POW-
ERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALI-
FICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS,
PARLIAMENTARY PROCEDURES AND RULES OF PROCE-
DURE, MEETINGS, QUORUM, VOTING, ATTENDANCE RE-
QUIREMENTS, ASSIGNMENT OF STAFF COUNSEL, NOTIC-
ES AND FILING OF RECORDS AND ANNUAL REPORTS;
MORE PARTICULARLY BY ADDING NEW DIVISION 15, CON-
SISTING OF SECTIONS 2-1200 THROUGH 2-1206, AND
AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 54, ARTICLES I AND III, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"STREETS AND SIDEWALKS", "IN GENERAL", AND "BUS
BENCHES", TO PROVIDE FOR LOCATION OF BUS BENCH-
ES ON PUBLIC RIGHTS-OF-WAY AND TO DELETE SUPER-
FLUOUS LANGUAGE; MORE PARTICULARLY BY AMEND-
ING SECTIONS 54-8, 54-90, 54-91, AND 54-93 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Said proposed ordinances may be inspected by the public at the
Office of the City Clerk, 3500 Pan American Drive, Miami, Flori-
da, Monday through Friday, excluding holidays, between the
hours of 8 a.m. and 5 p.m.
All interested persons may appear at the meeting and may be heard
with respect to the proposed ordinance. Should any person desire to ap-
peal any decision of the City Commission with respect to any matter to be
considered at this meeting, that person shall ensure that a verbatim
record of the proceedings is made including all testimony and evidence
upon which any appeal may be based.
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(#10430)
For further information please
12/31
WALTER J. FOEMAN
CITY CLERK
contact Anna Rojas at (305)250-5366.
01-4-29/224229M