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HomeMy WebLinkAboutR-01-0545J-01-487 6/14/01 RESOLUTION NO. 01-545 A RESOLUTION OF THE MIAMI CITY COMMISSION, 'BY A FOUR-FIFTHS (4/5"s) AFFIRMATIVE VOTE OF ALL COMMISSIONERS PRESENT, OVERRIDING THE MAYORAL VETO OF ORDINANCE NO. 12073, ADOPTED MAY 24, 2001, WHICH ORDINANCE AMENDED CHAPTER 2, ARTICLE XI, DIVISION 6, SECTION 2-1.013(3), 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"). WHEREAS, Section 4(g)(5) of the Charter of the City of Miami, Florida, as amended, provides for Mayoral veto and subsequent Commission override for legislative, quasi-judicial, zoning, master plan, land use and budget decisions of the City Commission; and WHEREAS, Section 2-36 of the Code of the City of Miami, Florida, as amended ("Code"), sets forth procedural mechanisms for a mayoral veto and subsequent commission override; and am COM0881011 No mme, or JUN t�."Ml Robwauw, rw. Of - 545 :: WHEREAS, on May 24, 2001, the City Commission adopted Ordinance No. 12073, which Ordinance amended Chapter 2, Article XI, Division b, Section 2-1013(3), 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); and WHEREAS, on June 4, 2001, Mayor Joe Carollo vetoed Ordinance No. 12073; and WHEREAS, on June 14, 2001, the City Commission moved that Ordinance No. 12073, as adopted, become effective, notwithstanding the veto of the Mayor; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Mayor Joe Carollo's veto of Ordinance No. 12073, adopted May 24, 2001, which Ordinance amended Page 2 of 3 ©1- 545 Chapter 2, Article XI, Division 6, Section 2-1013(3), 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") is overridden by a four-fifths (4/6"') affirmative vote of all Commissioners present on this date. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of June , 2001. In aomxdance with Miami Code Sec:. 2.36, Once the Mayor d d not Indict:ts approwl of this leDi©lation by si )ning it In the da4e natcd plar,201ravided, said kagi;lati W.W bc�oa►noa of(c��ive eNi1r� titin r land, of len (1 f1) a m lh� a f Co7rc'r' 511 ATTEST: ragw0 ng same, without tha Mayor m.orcinl 0. I J. , City Clerk WALTER J. FOEMAN, CITY Z ROVILARELT40 TORNEY SS AND CORRECTNESS Page 3 of 3 01- 545 To Honorable Members of the City ommission FRaA Walter J. 1 City Clerk 0 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM is DATE June 4, 2001 FILE SUBJECT. Vetoed Legislation passed on May 24, 2001 Commission Meeting. REFERENCES. ENCLOSURES 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 01- 545 0-r of Aiami, 3 'lor*k OFFICE OF THE MAYOR MIAMI, FLORIDA MQ CLARION To: Honorable Members of the City Commission Walter Foeman, City Clerk From: The Honorable Joe Caro Date: June 4, 2001 Re: ORDINANCE NO.12073 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 ("WEA"). This legislation should have been referenced as Ordinance No. 12073. w YU 3500PAr. AMCRICAN DANC a��wP. +��,��. MIAMI. F{, 331,ii JOE CAkOLLO ���,,,,��,� �� �306i 250.5]00 PA% 43081 GS4.40C'i OFFICE OF THE MAYOR MIAMI, FLORIDA MQ CLARION To: Honorable Members of the City Commission Walter Foeman, City Clerk From: The Honorable Joe Caro Date: June 4, 2001 Re: ORDINANCE NO.12073 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 ("WEA"). This legislation should have been referenced as Ordinance No. 12073. w Ln 01- 545 JOE CAROLLO UAVOR To: From: (Stu of fflia i,,1 1a4btt OFFICE OF THE MAYOR MIAMI, FLORIDA YF—TO AND VETO MESSAGE Honorable Members of the City Commission Miami, Florida The Honorable Joe Carollo, Mayo Miami, Florida Date: June 4, 2001 P.O. OOX 330708 MIAMI. FLORIDA 33?33.0700 (305)250.5300 PAX (305) 064.4001 Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Florida, I hereby veto: RESOLU77ON 01-414 Veto M9s88a@: The above referenced legislation relating to the membership composition of the Miami Sports and Exhibition Authority ("MSEK) 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. W 01- 545 5ze� _ N C J 1►. LA: r— C ' C C=cm v C�%l G/y/ol (C10Ct broil") 01- 545 5ze� _ J-01-414 5/10/01 9 . ORDINANCE NO. 12073 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/HOARDS, 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 particulare:l/ "CHAPTER 2 ADMINISTRATION }� 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. 01- 545 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 voting member, The arpsifteed eemmlasisne* shall nominate only ene--(!i - member 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 suDaecLion may serve ror a and may be nominated and than one consecutive year. is appointed pursuant to pursuant to subsection commissioner shall non additional member. t Page 2 of 3 ,iod of one year >inted for more a commissioner subsection or (2), then the :e only one * * N 01- 545 - ; "Iff7�' 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.' PASSED ON FIRST READING BY TITLE ONLY this _ lOth� day of May , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING!Y TITLE ONLY this 24th day of May 2001. �''� " JO C OLLO, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK AND CORRECTNESS:t- �� 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 Q 1— 5 4 5 gra