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5/16/01 ORDINANCE NO. 02.0 8,0
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 62/ARTICLE V OF THE CODE OF
THE CITY OF MIAMI; FLORIDA, AS AMENDED
ENTITLED "ZONING AND PLANNING/APPOINTMENT OF
MEMBERS AND ALTERNATE MEMBERS OF THE
PLANNING ADVISORY BOARD AND ZONING BOARD" TO
PROVIDE FOR REAPPOINTMENT OF INCUMBENT
MEMBERS, INCLUDING' ALTERNATES, OF THE
PLANNING ADVISORY BOARD AND THE ZONING BOARD
WITHOUT FULFILLING' THE PUBLIC NOTICE AND
APPLICATION REQUIREMENTS OF 62-123 (a) and
(b); MORE PARTICULARLY BY AMENDING SECTION
62-123(c) OF THE CODE; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Code Section 62-123(c) prohibits the City
Commission from appointing members to the Planning Advisory
Board or the Zoning Board whose names and qualifications have
not been made publicly available as set forth in Section 62-123
(a) and (b) ; and
WHEREAS, such requirement prevents the City Commission from
appointing incumbent Planning Advisory Board and Zoning Board
members, including alternates, who have not filled out new
applications prior to the expiration of their respective terms;
and
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WHEREAS, requiring incumbent members of the Planning
Advisory Board and the Zoning Board to complete new
applications for reappointment upon the expiration of each term
does not serve the best interests of the city. as it does not
insure Board continuity as required by City of Miami Charter
Section 38; and
WHEREAS, existing City Code provisions should be modified
to provide that incumbent members of the Planning Advisory Board
and the Zoning Board may be reappointed upon expiration of their
individual terms without prior filing of an application or
otherwise meeting the requirements of City Code Section 62-123;
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 62/Article V of the Code of the City
of Miami, Florida, is hereby amended in the following
particulars:'/
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
"Chapter 62
ZONING AND PLANNING
ARTICLE V. APPOINTMENT OF MEMBERS AND
ALTERNATE MEMBERS OF THE
PLANNING ADVISORY BOARD AND ZONING BOARD
Sec. 62-123. Procedure for appointment.
(c) No person shall be appointed to membership or
alternate membership on the planning advisory board or
on the zoning board, whose name and qualifications
have not been made publicly available in the manner
set out, other than incumbent members, including
alternates, of the planning advisory board and the
zoning board.
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.2�
a/ 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
PASSED ON FIRST READING BY TITLE ONLY this 24th day of
May 2001.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 1-4th'°day of June 2001.
JOE,CAROLLO, MAYOR
In -accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated 'ace provided, WON
becomes effective with the clap ae , ter, 0) s from the dat"C", c ( lion
regarding same, without the May, r ever i I veto.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED
RM
TNESS:11/
Page 4 of 4
City Clerk
ou
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SECOND READING
PLANNING FACT SHEET
APPLICANT City of Miami
HEARING DATE May 24, 2001
REQUEST/LOCATION Amendment to the City Code
PETITION Consideration of amending Chapter 62 of the Code of the City of
Miami, as amended, in order to provide for reappointment of
incumbent members, including alternates, of the Planning
Advisory Board and the Zoning Board without a public
notice/application process.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The Department of Planning and Zoning has no objections to the
ANALYSIS proposed amendment to the City Code. The amendment would
allow for reappointment of incumbent members, including
alternates, of the Planning Advisory Board and the Zoning Board
without a public notice/application process.
CITY COZlIUSSION Passed First Reading on May 24, 2001.
CITY OF MIAMI • DEPARTMENT OF PLANNING AND ZONING
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
Date: 5/16/2001 Page 1
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