HomeMy WebLinkAboutO-12201J-02-119SE
3/14/02
12201
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTERS 2, 12.5. 38 AND 40 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO WAIVE THE REQUIREMENTS FOR THOSE
INDIVIDUALS WHO ARE MEMBERS OF CITY BOARDS
AND WHO ARE (1) RESERVISTS IN THE UNITED
STATES ARMED FORCES OR MEMBERS.OF THE FLORIDA
NATIONAL GUARD, AND HAVE BEEN ORDERED TO
ACTIVE MILITARY DUTY FOR NATIONAL, STATE, OR
HOMELAND DEFENSE AND DUE TO SUCH DUTY CANNOT
ATTEND BOARD MEETINGS, OR (2) FULL-TIME
CONSULTANTS OR EMPLOYEES OF AGENCIES WHOSE
SERVICES ARE CONSIDERED ESSENTIAL FOR
NATIONAL, STATE, OR HOMELAND DEFENSE AND DUE
TO SUCH SERVICES CANNOT ATTEND BOARD
MEETINGS; MORE PARTICULARLY BY AMENDING
SECTIONS 2-886, 12.5-30, 38-233, 40-193, AND
40-243 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Code of the City of Miami, Florida, as
amended, is further amended in the following particulars: 1/
"CHAPTER 2
ADMINISTRATION
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.
12201
ARTICLE XI.
BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2.
STANDARDS FOR CREATION AND REVIEW OF BOARDS, GENERALLY
Sec. 2-886. Attendance Requirements.
(a) Notwithstanding any other provision of this Code,
any board member shall be automatically removed
if, in a given calendar year:
(1) He or she is absent from three consecutive
meetings; or
(2) He or she is absent from four of the board's
meetings;
(3) Provided that regardless of their compliance
with subsection (a)(1) and (2) hereinabove,
members must attend at least 50 percent of
all the board meetings held during a year.
(b) A member of a city board shall be deemed absent
from a meeting when he or she is not present at
the meeting at least 75 percent, of its duration.
(c) The provisions of this section may be waived by a
four-fifths vote of the members of the full city
commission.
(d) The provisions of this section shall not apply to
those individuals who are members of city boards
and who are (2) reservists in the United States
Armed Forces or members of the Florida National
Guard, and have been ordered to active military
duty for national, state, or homeland defense and
due to such duty cannot attend board meetings, or
(2) full-time consultants.or employees of agencies
whose services are considered essential for
national, state, or homeland defense and due to
such services cannot attend board meetings.
Page 2 of 8
12201
CHAPTER 12.5
COMMUNITY REVITALIZATION
ARTICLE I.
COMMUNITY REVITALIZATION DISTRICTS
DIVISION 2.
MODEL CITY HOMEOWNERSHIP TRUST
Sec. 12.5-30. Governing body -composition and
appointments; terms of office and
vacancies; membership qualifications;
procedures for appointment of members
and the nomination and election of the
public advocate; officers; oath; quorum
and voting; meetings; attendance
requirements; indemnification.
(j) Attendance requirements.
1. A member shall be automatically removed if,
(a) in a given calendar year he or she is
absent from three (3) consecutive meetings;
or (b) he or she is absent from four (4)
properly noticed meetings within an eight-
month period without an excused absence.
2. The provisions of this subsection shall not
apply to those individuals who are members of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
Florida National Guard, and have been ordered
to active military duty for national, state,
or homeland defense and due to such duty
cannot attend board meetings, or (2) full-
time consultants or employees of agencies
whose services are considered essential for
national, state, or homeland defense and due
to such services cannot attend board
meetings.
Page 3 of 8
.22®1
1
CHAPTER 38
PARKS AND RECREATION
ARTICLE VI.
VIRGINIA KEY BEACH PARK TRUST
Sec. 38-233. Governing body: composition and
appointments; terms of office and
vacancies; membership eligibility
requirements; oath; quorum and voting;
meetings; attendance requirements;
indemnification.
(g) Attendance requirements.
1. A member shall be automatically removed if,
(a) in a given calendar year he or she is
absent from three consecutive meetings; or
(b) he or she is absent from four properly
noticed meetings within an eight-month period
without an excused absence.
2. The provisions of this subsection shall not
apply to those individuals who are members of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
Florida National Guard, and have been ordered
to active military duty for national, state,
or homeland defense and due to such duty
cannot attend board meetings, or (2) full-
time consultants or employees of agencies
whose services are considered essential for
national, state, or homeland defense and due
to such services cannot attend board
meetings.
CHAPTER 40
PERSONNEL
Page 4 of 8 12201
ARTICLE IV.
PENSION AND RETIREMENT PLAN
DIVISION 2.
CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST
Sec. 40-193. Board of trustees.
(a) Selection.
(1) The board of trustees of the retirement
system shall consist of nine persons selected
as follows:
d. Four independent trustees, which
trustees shall not be city employees,
selected by the commission. Two such
trustees shall be selected from a list
of six persons submitted by the FOP
according to its constitution and
bylaws, and two such trustees shall be
selected from a list of six persons
submitted by the IAFF according to its
constitution and .bylaws. Each of the
lists submitted to the commission shall
not contain any name which duplicates a
name appearing on the other lists. In
the event a duplication of names does
occur, both lists shall be returned by
the commission for resubmission without
duplication. An independent trustee
shall have at least the following
qualifications:
3. Be able to attend board meetings if
scheduled well enough in advance
and agree to resign from the board
if meeting attendance is less than
75 percent in a one-year period;
however, the provisions of this
subsection shall not apply to those
Page 5 of 8 12201
individuals who are members of city
boards and who are (2) reservists
in the United States Armed Forces
or members of the Florida National
Guard, and have been ordered to
active military duty for national,
state, or homeland defense and due
to such duty cannot attend board
meetings, or (2) full-time
consultants or employees of
agencies whose services are
considered essential for national,
state, or homeland defense and due
to such services cannot attend
board meetings.
DIVISION 3.
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST
Sec. 40-243. Board of trustees.
(a) Composition and selection.
(2) The board of trustees shall be selected as
follows:
e. The trustees appointed by the city shall
have, at the minimum, the following
qualifications:
3. Be able to attend board meetings if
scheduled well enough in advance
and agree to resign from the board
if meeting attendance is less than
75 percent in a one-year period;
however, the provisions of this -
subsection shall not apply to those
individuals who are members of citv
Page 6 of 8 122 0 �
boards and who are (2) reservists
in the United States Armed Forces
or members of the Florida National
Guard, and have been ordered to
active military duty for national,
state, or homeland defense and due
to such duty cannot attend board
meetings, or (2) full-time
consultants or employees of
agencies whose services are
considered essential for national,
state, or homeland defense and due
to such services cannot attend
board meetings.
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
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.21
PASSED ON FIRST READING BY TITLE ONLY this 14th
February , 2002.
day of
zi 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 7 of 8
220
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of
:'March -: 2002.
�:. � A
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ATTEST:
PRS ILLA A.'THOMPSON
CITY CLERK
ATTORNEY
208SE:BSS
AND CORRECTNESS:
Page 8 of 8
12,20.
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A. Thompson,
FROM: Alejandro Vi
DATE: January 28, 2
RE: Corrected Scrivener's Error -Ordinance No. 12201 adopted March 14, 2002
(J-02-119 SE)
A review of Ordinance No. 12201, adopted March 14, 2002, has revealed that the
modification made by the City Commission at second reading related to the waiver of attendance
requirements for those individuals who are members of City boards and who are full-time
consultants when ordered to active military service was not incorporated in the ordinance prior to
the ordinance's execution by the Mayor and distribution by your office.
The attached substitute ordinance is to replace the document you presently possess as
Ordinance No. 12201, which has been revised to reflect that ,... those individuals who are
members of city boards and who are (2) reservists in the United States Armed Forces or
members of the Florida National Guard, and have been ordered to active military duty for
national,* state, or homeland defense and due to such duty cannot attend board meetings, or (2)
full-time consultants or employees of agencies whose services are considered essential for
national, state, or homeland defense and due to such services cannot attend board meetings....
After the correct document has been executed, please forward a copy to this Office. This
memorandum may be attached to Ordinance No. 12201 so that any concern regarding the
substitution of said Ordinance is clarified.
W814:BSS
Attachment
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-02-119
128/02
ORDINANCE NO. 12201
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTERS 2, 12.5. 38 AND 40 OF THE
\AGENCIESWHOS
OF THE CITY OF MIAMI, FLORIDA, AS
D, TO WAIVE THE REQUIREMENTS FOR THOS
DUA•LS WHO ARE MEMBERS OF CITY BOAR S
O, ARE (2) RESERVISTS IN THE UN ED
RMED FORCES OR MEMBERS OF THE FL IDA
AL GUARD, AND HAVE BEEN ORDE D TO
MIL TARY DUTY FOR NATIONAL, ST TE, OR
ND DE NSE AND DUE TO SUCH DU CANNOT
BOARD EETINGS, OR (2) EMP OYEES OF
ES WHOS SERVIC�S ARE CONSIDERED
IAL FOR NA IONAL, STATE, OR HOMELAND
E AND DUE 0 SUCH SE ICES CANNOT
ATTEND BOARD MEETIN MORE RTICULARLY BY
AMENDING SECTIONS 2- 86, .5-30, 38-233,
40-193, AND 40-243 OF SA D ODE; CONTAINING A
REPEALER PROVISION AND A VERABILITY CLAUSE;
AND PROVIDING FOR AN EFF VE DATE.
BE IT ORDAINED BY THE
FLORIDA:
ISSION N THE CITY OF MIAMI,
Section 1.C eters 2, 12.5, 38 and 40 o\thee Code of
the City of Miami, orida, as amended, is further ad in the
following partic/lars :1/
1� Words nd/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in ffect and remain unchanged. Asterisks indicate omitted and
un anged material.
112201
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"CHAPTER 2
ADMINISTRATION
ARTICLE XI.
BOARDS, COMMITTEES, COMMISSIONS
STANDARDS FOR C
DIVISION 2.
ION AND REVIEW OF B
Sec. 2-886. Attendance XequiremenVs.
GENERALLY
(a)
Notwithstanding any oth pr/vision of this Code,
any
board member shall e automatically removed
if,
in a given calendar ye
(1)
He or she is abse fr m three consecutive
meetings; or
(2)
He or she is ab ent from fo of the board's
meetings;
(3)
Provided th regardless of the compliance
with subse tion (a)(1) and (2) h reinabove,
members st attend at least 50, rcent of
all the card meetings held during a ear.
(b)
A member o a city board shall be deemed sent
from
a me ting when he or she is not presen at
the
meeting at least 75 percent of its duration
(c)
The
pr visions of this section may be waived by a
four-
ifths vote of the members of the full city
com
fission.
(d)
T e
provisions of this section shall not apply to
hose
individuals who, are members of city boards
and
who are (2) reservists in the United States
Armed Forces or members of the Florida National
Guard, and have been ordered to active military
duty for national, state, or homeland defense and
Page 2 of 8
-.2201
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lue to such duty cannot attend board meetings, or
N) employees of agencies whose services are
copsiaerect essential =or national, state, or
ho land defense and due to such services cannot
att d board meetings.
CHAPTER 12.5
COMMUNITY REVITALIZATION
ARTICLE I.
COMMUNIT\REALIZATION DISTR TS
ISION 2.
MODEL MEOWNER IP TRUST
Sec. 12.5-30. /en dy-composition and
ts, t rms of office and
; membe ship qualifications;
s for ap ointment of members
nomination nd election of the
dvocate; officers; oath; quorum
ting; meetings; attendance
nts; indemnification.
(j) Atte dance requirements.
l.a A member shall be automatically emoved if,
(a) in a given calendar year he or she is
absent from three (3) consecutive eetings;
or (b) he or she is absent from our (4)
properly noticed meetings within an eight-
month period without an excused absenc
2. The provisions of this subsection shall not
apply to those individuals who are memberN, of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
Page 3 of 8
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,t N• Florida National Guard, and have been ordered
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a or homeland defense and due to such duty
0 H cannot attend board meetings, or (2)
k< 0 mployees of agencies whose services are
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sidered essential for national, state,
eland defense and due to such servic
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CHAPTER 38
AND RECREATION
ARTI E VI.
VIRGINIA KEY BEACH P.
*
/TRUST
* *
Governing ody: composition and
appointment terms of office and
vacancies; members 'p eligibility
requirem ts; oath; qu rum and voting;
meeting attendance requirements;
indemn'fication.
*
C) (g) Attendanceequirements.
*
*
110
mber shall be automatically rem ved
if,
nin
a given calendar year he or she
is
5nt
from three consecutive meetin
or
mhe
or she is absent from four pro erly
0ced
meetings within an eight-month pe
iod
n
0)out
an excused absence.
/2.The
a
provisions of this subsection shall
noy
to those individuals who are members
of
boards and who are (2).reservists in
the
United States Armed Forces or members of
the
Florida National Guard, and have been ordered
to active military duty for national, state,
Page 4 of 8
Page 5 of 8
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homeland defense and due to such duty
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nnot attend board meetings, or (2)
\employees
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of agencies whose services are
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CHAPTER 40
PERSONNEL
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PENSION AND ETIREMENT PL
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CITY OF MIAMI FIREFIGHTERS' AN POLICE OFFICERS'
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Sec. 40-193. Board f trustees.
(a) Selection.
(D
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(1) The and of trustees of the r tirement
C)
cyst shall consist of nine persons elected
as bllows:
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d. Four independent trustees, whi h
0
trustees shall not be city employees
selected by the commission. Two such
trustees shall be selected from a list
of six persons submitted by the FOP
according to its constitution and
n
bylaws, and two such trustees shall be
0
selected from a list of six persons
submitted by the IAFF according to its
Page 5 of 8
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constitution and bylaws. Each of the
lists submitted to the commission shall
not contain any name which duplicates a
name appearing on the other lists. In
the event a duplication of names does
occur, both lists shall be returned b
the commission for resubmission with t
duplication. An independent tru ee
Na 11 have at least the foll,4wing
alifications:
3.
Be able to attend boar meetings if
sch duled well enou in advance
and gree to reX
from the board
if me ting attee is less than
75 per ent ine-year period;
however, the ions of this
subsectio sh 1 not apply to those
individuals o are members of city
boards and o are (2) reservists
in the UrXteStates Armed Forces
or membe s of he Florida National
Guard, and hav been ordered to
actiyZ military dqty for national,
sta , or homeland defense and due
to such duty canno attend board
etings, or (2) mployees of
agencies whose se vices are
considered essential fo national,
state, or homeland defen and due
to such services cannot attend
board meetings.
DIVISION 3.
OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST
Sec. 40-243. Board of trustees.
(a) Composition and selection.
Page 6 of 8
2 24
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(2) The board of trustees shall be selected as
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e. The trustees appointed by the city sha
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have, at the minimum, the follo ng
qualifications:
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3. Be able to attend board eetings if
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scheduled well enough in advance
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d agree to resign om the board
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if meeting attendan e is less than
ear 75 ercent in a ne- period; y
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howev r, the pr visions of this
a
subsec •on shaly not apply to those
individu is w46 are members of city
boards an o are (2) reservists
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in the Uni ed States Armed Forces
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or member o the Florida National
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Guard, Xhd h e been ordered to
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active military duty for national,
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state, or homelan defense and due
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to/such duty cann t attend board
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me tings, or (2) employees of
a
gencies whose s vices are
considered essential f national,
state, or homeland defen e and due
a
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to such services canno attend
board meetings.
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Section 2. All ordinances or parts of ordina ces that
m
are inconsis nt or in conflict with the provisions o this
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Ordinance e'repealed.
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ection 3. If any section, part of section, paragraph,
c use, phrase or word of this Ordinance is declared invalid, the
n
5 'remaining
provisions of this Ordinance shall not be affected.
I
Page 7 of 8 � �'
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n ction 4. This Ordinance shall become effective thirty
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F : ( 3 0 ) day after final reading and adoption thereof . 21 ,
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(t H- PASSED 0 FIRST READING .BY TITLE ONLY this 14th
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o1-1 PASSED AND ADOPTE ON SECOND AND FINAL READI
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a this 14th day of Marc 2002.
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Y TITLE ONLY
a UEL A. DIAZ, MAY
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CITY CLEkK •-
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~ APPROVE Dx�'F "TO FOR' AND CORRECTNESS
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VILARELLO
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rn \p 2/ his 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.
1
Page 8 of 8 12 2 0
Send Reading Ordinoce
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDifiI , -
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City'Attorn„
DATE: January 29, 2002
RE: City Commissionleetin� ebruary 14, 2002
First Reading Ordinate- Amend City Code. to waive the attendance
requirements for members of City Boards for (1) Armed Forces Reservists
or- the Florida National Guard ordered to active military service, or (2)
employees of agencies whose services are considered essential for
national, state, or homeland defense and due to such duty or services
cannot attend Board meetings (J-02-119)
At the January 24, 2002, City Commission meeting, the City Commission directed the
City Attorney to prepare an ordinance to waive the provisions contained in Section 2-886 of the
City Code, entitled "Attendance Requirements," for those individuals who are members of City
boards and who are (1) reservists in the United States Armed Forces or members of the Florida
National Guard, and have been ordered to active militaryduty for national, state, or homeland
defense and due to such duty cannot attend board meetings, or (2) employees of agencies whose
services are considered essential for national, state, or homeland defense and due to such services
cannot attend board meetings.
This proposed ordinance has been submitted to the Agenda Coordinator for placement for
first reading on the February 14, 2002 City Commission Agenda.
W665:BSS
Attachment
c: Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
12201-
•
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
O.V. FERBEYRE, who on oath says that she is the
SUPERVISOR, 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
P.O. 10457
CITY OF MIAMI - NOTICE OF PROPOSED
ORDINANCE - FINAL READING 3/14/2002
in the XXXX Court,
was published in said newspaper in the issues of
03/04/2002
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 she
has neither paid nor promised any person, firm or corporation
any discount, rebate, com or refund for the purpose
of securing tl)indverjjgffient fqIr publication in the said
Sworn to and suWribed before
(SEAL) UPPIUAL NUFAKY SEAL
;ANE'IT LLERENA
O.V. FERBEYRE pers �&%4rftLS1'ATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION FXP. TUNE 232004
is
CITY OF MIAMI, FLORIDA
01 NOTICE OF PROPOSED ORDINANCE
Notice is hereby given that the City Commission of the City of Miami,
Florida, will consider the following ordinance on second and final reading
on March 14, 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 AMENDING CHAP-
TERS 2,12.5.38 AND 40 OF THE CODE OF THE CITY OF MIA-
MI, FLORIDA, AS AMENDED, TO WAIVE THE REQUIRE-
MENTS FOR THOSE INDIVIDUALS WHO ARE MEMBERS OF,
CITY BOARDS AND WHO ARE (2) RESERVISTS IN THE UNIT-
ED STATES ARMED FORCES OR MEMBERS OF THE FLORI-
DA NATIONAL GUARD, AND HAVE BEEN ORDERED TO AC-
.TIVE MILITARY DUTY FOR NATIONAL, STATE, OR HOME-
LAND DEFENSE AND DUE TO SUCH DUTY CANNOT AT-
TEND BOARD MEETINGS, OR (2) EMPLOYEES OF AGEN-
CIESWHOSE SERVICES ARE CONSIDERED ESSENTIAL
FOR NATIONAL, STATE, OR HOMELAND DEFENSE AND
DUE TO SUCH SERVICES CANNOT ATTEND BOARD MEET-
INGS-'MORE
EET-
INGS;MORE PARTICULARLY BY AMENDING SECTIONS 2-
886, 12.5-30, 38-233, 40-193, AND 40-243 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILI-
TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. .
Said proposed ordinance 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.
I op�
SYLVIA SCHEIDER
ACTING CITY CLERK
q�f�4.F10�`O
(#10457)..
L 3/4 02-4-07/241389.,