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Home My WebLink AboutO-12134J-01-489 9/12/01 ORDINANCE NO. ) `s AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION", TO REMOVE THE LIMITATION ON THE NUMBER OF NON-SCHEDULED ("POCKET") ITEMS THAT MAY BE CONSIDERED AT A CITY COMMISSION MEETING AND ALL ASSOCIATED NOTIFICATION AND REVIEW REQUIREMENTS MANDATED IN THE CITY CODE FOR SAID ITEMS; MORE PARTICULARLY BY AMENDING SECTION 2-33 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 2, Article II, Section 2-33, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:l/ "Chapter 2 ADMINISTRATION ARTICLE II. MAYOR AND CITY COMMISSION Sec. 2-33. Order of business and rules of procedure. 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. 12134 Sec. 2-33. Order of business procedure. and rules of (e) A copy of each resolution and ordinance shall be furnished the mayor and members of the city commission five days before meeting, with the exception of veto items, to enable the heads of the departments affected to prepare necessary memoranda, data or reports. Nonscheduled ("pocket") items may be introduced for consideration at a city commission meeting by the mayor, each commissioner, the city manager and the city attorney In the event a-eepy-ef eaeh reselutien eic erdinanee is net-rurnisnedw=thin the required -five -days, -the -prepesad reseluton-er Ardinanee-may be heard by the -ems-ee s -i -en provided that the city commission unanimously deems such resolution or ordinance to be of an emergency nature. The ndmber-ef nenseiheduled- 93eek }cc ) Aeffie-is li nited -wee -and twe that the eity FRanager fnay intreduee =ems- een s i deratien-by the -ems-eemm iss ; ems- at any eity eem sieTn meeting,nless the—eity eeniffl2s: ien�C CCS;O�G� said T�l1 t a t s en-� y a -f e' fifths — y e Ce—e1s�—TRe[tib e r s, pre=ceded -a written eepy-ef the APfa is preyided to the mayer-and -eaeh-inembeinef the-2weefRfRissse- --j er to the pres"cntatien er-v}--rti'e AefR. The-eenc4ue±ei of the regularly y eheduled-agenda, eras -8!99 p.m. , whiehever e e1e u re-firat, is designated -a s-the-tifne-had--sdeh nenseheduled -- effieshall be intredueed. nenseheduled Aefft whd:eh was afire l i r cugon the ei }y `"ti' -,ll be reviewed by the -eity--rnanagr, whe-shall faa'"' a written -ree e rend a t i -en t e- the eity eeen prie��e-ensideratien-e€-the Aefas by the �. -BB- en. - Furthiete all nen -sheduled items shall be revided te the-eity Faanagems- and - he eity atterney-€er review, re eRffiendatien an- drafting ef---legislatierr—Tr Un 3 -waives said requirenent. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. 12 13 4 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 13th day of September , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this ATTEST: 11th day of October 2001. JOE CAROLLO, MAYOR ..o accordance with V:a,-ni Cade Sec. 2-36, since the Mayor did not indicate approvcl of 9 oillation by siflninq it in the d� !qn ,ed P!n provided, said legj3!atl0-,j r'c�v ccm� s effective with the z!apscr0) d , the date Ccr!Ss! to.s' + rci^ sa►ro, without theMayois WALTER J. FOEMAN CITY CLERK APP ED A,S TO ,FORj Z� �LI7TATTORNEY E O VILARE 076 :BSS CORRECTNESS -t/ �' �WprgoorW ME �'- 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 3 12134 Second Reading Ordinance 10 TO: Mayor and Memb s of the City Commission FROM: Alejandro Vil ello City Atto DATE: August 1 01 RE: City Commission Meeting — September 13, 2001 Proposeddinance-Remove limitation on the number of non-scheduled ('Pocket') items that may be considered at a City Commission Meeting (J-01-489) The attached ordinance has been drafted to remove the limitation of the number of non- scheduled ("pocket") items (see Section 2-33(e) below) that may be considered at a City Commission meeting. It also eliminates the requirement regarding all associated notification and financial impact reviews. Recent precedent at City Commission meetings has been to adopt legislation far in excess of the Code permitted number, and without the mandated review. The adoption of this ordinance will assure the City Commission's actions are in compliance with the City Code. Section 2-33(e) of the Code reads as follows ( emphasis added) : ... The number of nonscheduled ("pocket") items is limited to one that each commissioner and the mayor may introduce and two that the city manager may introduce for consideration by the city commission at any city commission meeting, unless the city commission waives said limitation by a four-fifths vote of i is members, provided a written copy of the item is provided to the mayor and each member of the city commission prior to the presentation of the item. The conclusion of the regularly scheduled agenda, or at 8:00 p.m., whichever occurs first, is designated as the time that such nonscheduled items shall be introduced. Any nonscheduled item which has a fiscal impact upon the city shall be reviewed by the city manager, who shall make a written recommendation to the city commission prior to consideration of the items by the commission. Furthermore, all non-scheduled items shall be provided to the city manager and the city attorney for review, recommendation and drafting of legislation if appropriate, at least four days in advance of the city commission meeting, unless the city commission unanimously waives said requirement.... W574:13SS c: Carlos A. Gimenez, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator 12134 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, 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 PO 10362 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 10/01/2001 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 5OC4paid nor promised any person, firm or corporation any isco nt, rebate, commission or refund for the purpose of ecur�g this advertisement for publication in the said Sworn to and subspifed before me H (SEAL) SOOKIE WILLIAMS per onally knoWlliWELLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 Wff OF MAw, PLONEM or ONQ is hereby given that the City Conxrissilm of the City of Miami, Florida, wgtthe following ordinances on second and final reading on Odcber 11, 5001 conlilim rp ai9:00 a m.,in the City Commission Chambers; 11100 Pan Americen Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 3WARTICLE II OF THE CODE OF THE CITY OF MIAMI1, FLORIDA, AS AMENDED, ENTITLED 'PARKS AND RECREATION/USE REGULATIONS' TO REQUIRE THAT ALL LAND LOCATED ON WATSON ISLAND THAT IS LOT SUB- JECT TO A LEASE OR AUTHORIMD DEVELOPMENT SHALL REMAIN. -AS OM GREENSPACE ANO -PARK USE; MORE PARTICULARLY BY ADDING NEW SECTION 36-76 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR.: INCLUSI IN IN THE CITY CPAWANC16 N0. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 16, ARTICLE III, OF THE CODE OF THE CITY OF Mt", FLORIDA, AS. AMENDED, ENTITLED -'FINANCE/ 'PURCHASING AND 664TRAM,1QENERALLY', TO PRO- VIDE" NOT-FOR-PROFIT ORGANIZATIONS WHICH PROVIDE A PUBLIC. Fid Ot?PWI . TSI AS RECIP- IfENTS FORI�SPOBfiION OF Y'A' AND 'B' 'SURPLUS --STOCK; MORE PARTICULARLYBY AL*MING SECTION 18-75 OF SAID CODE; CONTAINPIG A REPEALER PROVINSKkI AW A SEVERAB UTY' CIAUM AND PROVID 1NG opium"M No. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING,ORDNA NO. 11'187, AS AMENDED, ADOPTED JULY 14TH, 1594, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL, REVENUE FIM ENTITLED'OPERATION C.A.R.S.,' TO INCREASE AP- PROPRIATIONS TO THE FUND IN THE AMOUNT OF $40,764, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY; AU- THORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO.EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR.SAID PURPOSE AND TO EXPEND MONIES FROM THIS FUND . FOR NECESSARY EXPENSES TO CONTINUE THE OPERA- TION OF C.A.R S. PROGRAM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDNANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUt FUND ENTITLED 'FLAGLER FIRST CONDOMINIUM AND APPRO- PRIATING FUNDS FOR SAID PROJECT! IN THE AMOUNT OF =900,000 ALLOCATED FROM THE CITY OF:MIAN AFFORDA-BLE HQNMNG TRUST FUND, ACCOUNT NO. 367101;,CON- TAMNNG: A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF TRIE COMMISSION AMEND- ING'CHAPTER2, ARTICLE I, OFTHE.COIDE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ADMINISTRATLON"AYOR AND .CITY'COMIM"ON'; TO REMOVE THE LIMITATION bN THE NUMBER OF NONS- CHEDULED ('POCKET') ITEMS THAT MAY BE.COWDERED ATA CITY COMMISSION MEETING AND ALL ASSOCIATED NOTIFICATION AND REVIEW REQUIREMENTS MANDATED' IN THE CITY CODE FOR SAID ITEMS, MORE PARTICULARLY BY AMENDING SECTION 233 OF SAID CODE; COWAiNING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. " Said proposed Wdrilances 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 hens of'b�aja. and 5 P.M. All interested persons may appear at the flid'may be heard with respect to the proposed ordhwoes. Should arryperson de" -to ap- peal any decision of the Cay,Comntisslonwith respect to any matterio be considered at Oft nieeding, that person shish ensure that a'verbatim record of the proceedings Is made Including all testimony and evidence upon which any appeal may be based. WALTER J. FOEMAN CITY CLERIC 01,li- ?T101225JIA