HomeMy WebLinkAboutO-12234.1-Ab
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J-02-256
5/9/02 12234.1
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF -
MIAMI, FLORIDA, AS AMENDED, TO CREATE AND
ESTABLISH THE CITY OF MIAMI DISTRICT THREE
HISTORIC PRESERVATION ADVISORY BOARD
("BOARD"); PROVIDING FOR THE BOARD'S
"SUNSET," SETTING FORTH THE BOARD'S PURPOSE,
POWERS, AND DUTIES, JURISDICTIONAL AUTHORITY,
MEMBERSHIP, TERMS OF OFFICE, VACANCIES,
OFFICERS, MEETINGS, VOTING AND QUORUM,
ATTENDANCE REQUIREMENTS, PARLIAMENTARY
AUTHORITY AND RULES OF PROCEDURE,
ADMINISTRATIVE ASSISTANCE, COUNSEL AND FILING
OF RECORDS; AND MORE PARTICULARLY BY AMENDING
SECTION 2-892, AND ADDING NEW DIVISION 16,
CONTAINING SECTIONS 2-1215 THROUGH 2-1220 TO
SAID CODE; AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the City Commission encourages and supports
historic preservation in all areas of the City of Miami,
including the area known as District Three; and
WHEREAS, the City Commission wishes to establish an advisory
board that will specifically provide recommendations regarding
all historic structures, locations, sites, roads, bridges, or any
other such physical objects, designated or potentially
designated, and districts located within District Three; and
12234.1
WHEREAS, Section 2-883 of the Code of the City of Miami,
Florida, as amended, requires that all City boards existing for
more than one year be created by ordinance;
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, of the Code of the
City of Miami, Florida, as amended, 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
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each city board
shall be reviewed in the following manner:
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.
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(4) The following boards shall initially be reviewed
in the following years and shall be reviewed every
four years thereafter:
h. 2002:
1.
2.
City of Miami Arts and Entertainment
Council.
District Three Historic Preservation
Advisory Board (to be sunsetted June 30
Division 16. City of Miami District Three
Historic Preservation Advisory Board
Sec. 2-1215. Established; Sunset date.
(a) Established. There is hereby created and
established a limited agency and instrumentality of the
City of Miami to be known as the City of Miami District
Three Historic Preservation Advisory Board ("Board").
(b) Sunset date. This Board shall sunset on
June 30, 2006.
Sec. 2-1216. Purposes, powers and duties.
The purpose, powers and duties of the Board are to
serve in an advisory capacity only and make
recommendations in writing to the City Commission
related to historic preservation in District Three,
with the assistance of the Departments of Planning and
Zoning, Community Development, and Public Works, the
Historic and Environmental Preservation Board, the
City's Preservation Officer, and other governmental
agencies and entities. The Board shall not interfere
with, impinge or usurp the activities or powers and
duties of the Historic and Environmental Preservation
Board or Preservation Officer.
Page 3 of 7 12 2 3 4, �
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Sec. 2-1217. Jurisdictional authority.
The Board shall exercise the powers and duties for
the entire area known as City of Miami Commission
District 3.
Sec. 2-1218. Membership; terms of office and
vacancies; officers; meetings, quorum
and voting; attendance requirements; and
parliamentary procedures and rules of
procedure.
(a) Membership. The Board shall consist of
nine (9) voting members who shall serve without
compensation, but shall be reimbursed for necessary
expenses incurred in their official duties, as may be
determined and approved by the City Commission, and
shall be comprised as follows:
One individual appointed by the Mayor who
shall be a qualified elector of the City of
Miami.
Six individuals appointed by the Commissioner
representing District Three.
One individual appointed by the Commission -
at -Large who does not have to be a qualified
elector of the Citv of Miami.
One individual nominated by the Roads
Neighborhood Civic Association, and confirmed
by the Citv Commission.
(b) 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 contained in
Section 2-885(b) shall also apply to the members of the
Board.
(c) Vacancies. If a vacancy occurs on the Board,
such vacancy shall be filled as applicable by the
Mayor, or by either a nomination by the Commissioner or
the association(s) who nominated the member whose
position(s) has become vacant, with subsequent
appointment or confirmation by the commission. as
Page 4 of 7 12234,1
appropriate. Such appointment shall be effective for
the remainder of the unexpired term or until the Mayor
or the nominatinq Commissioner leaves office.
(d) Officers. The City Commissioner of District
Three shall designate from among the Board's members a
Chairperson and Vice -Chairperson. Other officers, as
may be deemed necessary, may be designated by the
Board.
(e) Meetings, quorum and voting. All meetings of
the Board shall be open to the public. The provisions
set forth in section 2-887 of this Code as they relate
to quorum requirements shall apply to members of the
Board. An affirmative vote of not less than fifty
percent (500) of -the members present and voting at any
meetina is reauired for any action to be taken by the
members.
(f) Attendance requirements. The provisions set
forth in Section 2-886 of this Code shall apply to all
members of the Board.
(g) Parliamentary authority and rules of
procedure. The parliamentary authority of the Board
shall be Robert's Rules of Order (Current Edition)
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.
Sec. 2-1219. Administrative assistance; counsel.
When requested by the Board, the City Manager,
City Attorney, and the City Clerk shall provide full
cooperation and assistance, however, the City Manager,
City Attorney, and City Clerk are not required to
attend the meetings of the Board, except to advise the
Board, at its first meeting, of procedural laws, and
regulations related to public records and the
Sunshine Law. Annual workshops to further inform the
Board of the aforementioned laws and regulations may be
conducted by the City Attorney and City Clerk.
Page 5 of 7 12263' 4A
Sec. 2-1220. Notices and fili
annual report.
of records; minutes;
(a) 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
(b) Minutes. Copies of minutes of all Board
meetings shall be furnished to the Mayor, Commissioners
and the Citv Manaqer.
(c) The provisions set forth in Section 2-890 of
this Article shall apply related to the submittal of
annual reports.
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.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.21
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 6 of 7 s�
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PASSED ON FIRST READING BY TITLE ONLY this
of May , 2002.
9th day
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 13th day of June , 2002.
ATTEST:
q,Aij'AAAVe, 2
P ISCILLA A. THOMPSON
CITY CLERK
AS /TO FORM
VILARELLO
RNEY
WI.2'38:BSS
CORRECTNESS
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Page 1 of 1
Arcia , Miriam
From: Scheider, Sylvia
Sent: Monday, June 24, 2002 10:58 AM
To: Thompson, Priscilla A.; Medina, Anna M.
Cc: Martinez, MaribeJ; Arcia , Miriam
Subject: duplicated No. 12234 for ordinances
We used No. 12234 for the last ordinance of May 23rd Commission meeting
and inadvertently started June 13th with the same number.
Please be aware that item District 3-A (creation of District 3 Historic and
Environmental Preservation Board), which legislation is still pending, will now
be Ord. 12234.1. 1 will correct the log notes, marked agenda. I will also add a
note to the CD, which has already been finalized.
Maribel, add a ".1" to that backup on file.
Miri, please mark legislation Ord., 12234.1 and not 12234, as previously
assigned.,
6/24/2002
.. �.
1 5 b and Reading Ordinance STRICT 3
I COMMISSIONER SANCHEA
TO: Carlos Gimenez DATE :
City Manager
SUBJECT
FROM Joe Sanchez REFERENCES
Commissioner
ENCLOSURES
? �"r PI' 2: Sc
March A24
, 2002 FILE
District 3 Historic
Preservation Board
I respectfully request that the City Commission consider creating and
establishing the City of Miami District Three Historic Preservation Advisory
Board. This advisory board will specifically provide recommendations regarding
all historic structures, locations, sites, roads, bridges, or any other such physical
objects, designated or potentially designated, and districts located within District
Three. Please place this issue on the next Commission agenda on May 9, 2002.
Thank you for your attention in this matter.
cc: Elvi Alonso, Agenda Coordinator
Alejandro Vilarello, City Attorney
Sarah Eaton, Historic Preservation Officer
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Commissioner Joe Sanchez
FROM: Maria J. Chiarotj
Assistant City Attorney
DATE: May 1, 2002
RE: Proposed Ordinance for City Commission Meeting — May 9, 2002
Create and establish the City of Miami District Three Historic Preservation
Advisory Board (J-02-256)
The attached proposed Ordinance has been prepared as you requested, however,
Sections 2-1217 and 2-1218 (see shaded areas on Page 4 of Ordinance) are incomplete as
we are awaiting the required information from your office.
You can provide information related to District Three's jurisdictional boundaries
and the names of the Homeowner Associations that you wish to be members of the
Board at the City Commission meeting when the item is considered for first reading.
W702:BSS
Attachment
c: Mayor and Members of the City Commission
Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
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