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HomeMy WebLinkAboutO-12073J-01-414 5/10/01 ORDINANCE NO.- 017 3 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS,. COMMITTEES, COMMISSIONS/MIAMI SPORTS AND EXHIBITION AUTHORITY", TO ALLOW CITY COMMISSIONERS TO. BE APPOINTED AS EX -OFFICIO VOTING MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"); MORE PARTICULARLY BY AMENDING SECTION 2-1013(3) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 2, Article XI, Division 6, of the Code of the City of Miami, Florida, as amended, entitled "Administration/Boards, Committees, -Commissions/Sports and Exhibition Authority," is amended in the following particulars:'/ "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. :[Note: Ordinance 12073 was .vetoed by Mayor Joe Carollo on June 4, 2001. Since a four-fifths (4/5ths) vote of all Commissioners is required to override a veto (pursuant to Miami Code Sec. 2-36), the City Commission upheld the vote notwithstanding the veto of the Mayor by a affirmative vote with'Commissioners Tomas Regalado, Arthur E. Teele, Jr., Johnny Winton and Wifredo "Willy" Gort voting "Yes" and Commissioner Joe Sanchez voting "No" on the motion to override dated June 14, 2001. See Motion 01-545 for Commission override of veto] s7 3 ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 6. SPORTS AND EXHIBITION AUTHORITY Sec. 2-1013. Governing body. (a) Composition. The authority shall consist of eleven (11) members to be appointed by the city commission as follows: (1) One (1) member shall be the mayor who shall be a voting ex -officio member and the chairperson thereof, and serve for a period of one (1) year. (2) One voting member shall: a. Be a city commissioner appointed by the city commission to serve for a period of one year; b. Serve as acting chairperson of the authority in the absence of the Mayor; and C. Not be reappointed for another immediately succeeding year pursuant to subsection (a)(2), above, until each commissioner has served or has declined to serve in such capacity. (3) Each city commissioner shall nominate two (2) members, except for the city commissioner appointed as a vetingfflember.— Thepp _nte ^rr - eefRmissienei= shall nefflinate—enly 6ne— (1) mei- pursuant to subsection (a) (2) . Of the two members nominated by each city commissioner, one may be the commissioner, as an ex -officio voting member, representing that commissioner's specific district. Commissioners appointed pursuant to this subsection may serve for a period of one year and may be nominated and appointed for more than one consecutive year. If a commissioner is appointed pursuant to this subsection or pursuant to subsection (a)(2), then the commissioner shall nominate only one additional member. Page 2 of 3 _. 10 0 Section 2. All ordinances or parts of ordinances insofar as they 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 loth day of May , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READIN;,PBY. TITLE ONLY this 24th day of May 2001. :`"`, ATTEST: JOE CA `OLEO , MAYOR x [Note: Ordinance 12073 was vetoed by Mayor '�„ Joe Carollo on June 4, 2001. Since a four-fifths (4/5ths) vote of all Commissioners is required to override a veto (pursuant to Miami Code Se. 2-36), the City Commission upheld the vote notwith- WALTER J. FOEMAN, CITY CLERK standing the veto of the Mayor by a TO TTORNEY 062 :BSS ,,,% affirmative vote with Commissioners Tomas 4M AND CORRECTNESS:tj Regalado, Arthur E. Teele, Jr., Johnny Winton and Wifredo "Willy" Gort voting "Yes" and Commissioners Joe Sanchez voting "No"oon the LOmotion to override dated June 14, 2001. See Motion 01-545 for Commission override of veto]:. 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 3 of 4 - 12,073 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM • TO: Honorable Members of DATE : June 4, 2001 the City ommission SUBJECT: Vetoed Legislation May 24, 2001 Meeting. FROM, Walter J. REFERENCES: City Clerk ENCLOSURES: FILE : passed on Commission Pursuant to Code Section 2-36, the City Clerk is directed to place any item(s) vetoed by the Mayor, together with veto forms (including Mayor's veto and veto message), on the next regularly scheduled or Special Commission meeting agenda as the first substantive item(s) for Commission consideration. This office is in receipt of a mayoral veto, along with a clarification memorandum, (received on Monday, June 4, 2001 at 4:24 p.m.), of an action taken by the Commission in connection with the following item: Ordinance 12073, passed on the May 24, 2001 City Commission meeting, amending Section 2-1013(3) of the City Code entitled "Administration/Boards, Committees, Commissions/Miami Sports and Exhibition Authority" to allow City Commissioners to be appointed as ex -officio voting members of the Miami Sports and Exhibition Authority ("MSEA"). In closing, this issue has been forwarded to you, in order that the Commission either adopt the override of the aforementioned mayoral vetoes (by 4/5ths of all of the Commissioners present), or otherwise the mayoral veto shall be deemed sustained. If you have any questions regarding the mayoral veto, please do not hesitate to call. WJF:amr C: Honorable Mayor Joe Carollo Carlos A. Gimenez, City Manager Alejandro Vilarello, City Attorney Marva Wiley, Assistant to the City Manager Aij of �iarai, Afariloa `(Y 0 JOE CAROLLO • nonr@„fffB MAYOR � � Q p R ♦ - To: OFFICE OF THE MAYOR MIAMI, FLORIDA VETO CLARIFICATION Honorable Members of the City Commission Walter Foeman, City Clerk From: The Honorable Joe Date: June 4, 2001 Re: ORDINANCE NO. 12073 3500 PAN AMERICAN DRIVE MIAMI, FL 33133 (305) 250-5300 FAX (305) 854-4001 Due to a typographical error, the legislation that I vetoed on June 4, 2001, inadvertently referred to Resolution 01-414. As the text of my veto correctly states, I vetoed legislation relating to the membership composition of the Miami Sports and Exhibition Authority ("MSEA"). This legislation should have been referenced as Ordinance No. 12073. G rn 1'1 0 rn is rn +1 r -+, cn 2! C) cn (AV of ffliami, �Tlarq-ta TV OF P.O. BOX 330708 JOE CAROLLO *„e„ ���,,, MIAMI. FLORIDA 33233-0708 MAYORv O (305) 250-5300 ,'��•�) F"', `FAX (305) 854-4001 OFFICE OF THE MAYOR MIAMI, FLORIDA VETO AND VETO MESSAGE To: Honorable Members of the City Commission Miami, Florida From: The Honorable Joe Carollo, Mayor Miami, Florida Date: June 4, 2001 Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Florida, I hereby veto: RESOLUTION 01-414 Veto Message: The above referenced legislation relating to the membership composition of the Miami Sports and Exhibition Authority ("MSEA") is hereby VETOED. The current membership structure of MSEA allows for sufficient involvement by the Office of the Mayor and the Miami City Commission in MSEA's governance and administration. Any changes in the current structure could have detrimental consequences to MSEA's efficiency and effectiveness. Having concluded that the City of Miami and its residents are adequately and admirably served by MSEA as currently constituted, I respectfully submit this VETO. V z U. > _WQ U- 4) W o � - Gehl/o1 (C IOC K bro jtew) • ,f RECEIPT DATE SUBJECT: MAYOR CAROLLO COMMISSIONER WINTON COMMISSIONER GORT COMMISSIONER SANCHEZ COMMISSIONER REGALADO COMMISSIONER TEELE CITY MANAGER'S OFFICE Received By: • 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 Octelma 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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE "ADMINISTRATION / BOARDS, COMMITTEES, COMMISSIONS/ MIAMI SPORTS AND EXHIBITION AUTHORITY" in the .............X?` XXXXX ..................... Court, was published in said newspaper in the issues of May 14, 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, 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- mission or refed fort ur se of securing this advertise- ment for puWfcaio0oVthe sail newspaper. Sworn to an subscribed before me this 2001 ........ .. r..—.. . ...... —.... (SEAL) y -r ,;% MARIA I. MESA o• fir Octelma V. Ferbeyre person I "c r,C9 Mg.COMMISSiON # CC 885640 :a a: EXPIRES: March 4 2004 Bonded Thai Notary Public Underwriters 41 V�■ ■, Vtfnowuvey r�Vrvwr�•q , NOTICE OF PROPOSED: ORDINANCES Notice Ts, hereby given t' iaCtK6e City Commission of the Chyy 'of Miamiv. Florida, will consider the following ordinances on second and final reading' on May,24„ 2001 commencing At 9:30 a.m.,"in, the City Commission Chambers, 3500 -Pan American Drive Miami, Florida I L ORDINiANCE-NO. s .�• _ Y AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-. LISHING INITIAL -RESOURCES AND APPROPRIATIONS FOR A -SPECIAL REVENUE FUND ENTITLED -'CALI ENFORCE- "MENT GROUP TASK FORCE FUND," AND APPROPRIATING -- FUNDS iN THE,AMOUNT°OF $83,280, -CONSISTING OF A• GRANT FROM THE. EXECUTIVE'OFFICE OF THE .PRESI- DENT, OFFICE OF NATIONAL- DRUG CONTROL. POLICY; , •I AND AUTHORIZING THE CITY MANAGER TO"EXECUTE ALL NECESSARY DOCUMENTS; IN A'FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT -THE GRANT; AUTHORIZP ING THE EXPENDITURE OF'GRANT FUNDS FOR THE OPER- ATION OF THE PROGRAM; CONTAINING A.REPEALER PRO VISION AND SEVERABILITYCLAUSE. - ORDINANCE' NO.` AN ORDINANCE OF THE MIAMI'CITY COMMISSION MAKING_ APPROPRIATIONS RELATING TO OPERATIONAL AND BUD- •GETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEP.. - TEMBER 30; 2001.; REVISING ONGOING CAPITAL IMPROVE- MENT PROJECTS AND MAKING 'APPROPRIATIONS •FOR NEW PROJECTS SCHEDULED TO BEGININ fI,SCAL• .YEAR 2000-2001; CONTAINING A REPEALER-,, PROVISION AND `SEVERABILITY CLAUSE. 'ORDINANCE AN ORDINANCE OF TITE.MIAMI CITY COMMISSION AMEND ING CHAPTER 2 /ARTICLE XI I DIVISION 6. OFTHE CODE OF THE,CITY'OFtWIAMI, FLORIDA, AS AMENDED; ENTITLED' "ADMINISTRATION /'BOARDS, COMMITTEES, COMMIS- SIONS•/ MIAMI SPQRTS AND EXHIBITION AUTHORITY", TO-,-. ALLOW -CITY COMMISSIONERS TO BE APPOINTED AS EX - OFFICIO VOTING MEMBERS OF THE MIAMI SPORTS AND- EXHIBITION AUTHORITY("MSEA'); MORE PARTICULARLY BY AMENDING SECTION 2r1013(3) OF SAID CODE; CON- TAINING A REPEALER,PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. v Said proposed ordinances, may be inspected by the public at the'Office of the City :Clerk, 3500 Pan American Drive; Miami, Florida, 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 heardt with respect tdthe�proposed ordinances. 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 J II LAZY OF H WALTER J. FOEMAN ` ••- `,..o E, a CITY CLERK (gQ426) r;rie' _ 111-d-R4/1fi33r,SNI I