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Home My WebLink AboutR-01-0840J-01-675 8/9/01 • RESOLUTION NO. • 01- 840 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT(S) TO THE CHARTER OF THE CITY OF MIAMI, FLDRIDA, AS AMENDED, FOR CONSIDERATION AT AN RLF'CTION TO BE HELD ON NOVEMBER 6, 2001, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO INSERT A STATEMENT WHICH RECOGNIZEES THE EXTRATERRITORIAL POWERS AND 11 -TOME RULE POWERS GRANTED TO THE CITY BY THE 1968 CONSTITUT.T.ON AND STATE LAW AND TO DELETE ALL POWERS AND DUTIES OF THE CITY AND PROVISIONS OF THE CHARTER WHICH ARE INCLUDED IN SUCH HOME RULE POWERS AND TO CONVERT TO ORDINANCES TIiOSE DELETED PROVISIONS WHICH ARE NOT INCLUDED IN OR IN CONFLICT WITH OR SUPERSEDED BY STATE LAW, OTHER PROVISIONS OF' THE CHARTER OR ORDINANCES OF THE CITY; CLARIFY THE NOMENCLATURE AND PROCEDURE REGARDING ELECTIONS AND FILLING OF' VACANCIES AND ESTABLISH A QUALIFYING PERIOD AND TO ESTABLISH THE QUALIFYING FEE BY ORDINANCE AND TO DELETE ALL OBSOLETE PROVISIONS AND REQUIREMENTS WHICH ARE SUPERSEDED BY STATE LAW; AMEND THE COMPENSATION FOR ELECTED CITY COMMISSIONERS; AMEND THE INITIATIVE AND REFERENDUM PROCEDURE TO CONFORM NOMENCLATURE AND TO INCLUDE REQU.T.RRMRNTS AND TIME LIMITS FOR SUBMISSION OF THE PETITIONS; AMEND THE TIME :LIMIT FOR SUIBMISSION OF APPOINTMENT BY THE OFF -S'T'REET PARKING BOARD MEMBERS FOR APPROVAL AND DELETE THE MINIMUM SALARY OF THE DIRECTOR; AMEND THE PROVISIONS REGARDING 7 -'HE DEPARTMENT OF FINANCE AND TO CONVERT THE SECTION ON CHIEF' PROCUREMENT OFFICER TO AN ORDINANCE AND TO DELETE ALL CHARTER PROVISIONS REGARDING BONDS, FRANCHISES, FINANCE AND TAXATION WFIICH ARE OBSOLETE, SUPERSEDED BY ORDINANCE OR STATE LAW; CONVERT TO ORDINANCE THE PROVISIONS REGARDING PUBLIC IMPROVEMENTS AND CONTRACTS FOR PERSONAL PROPERTY AND PUBLIC WORKS AND IMPROVEMENTS AND REQUIREMENT TO COMPLY WITH CITY, STATE AND FEDERAL LAW; AMEND THE PROCEDURE IOND REQUIREMENTS REGARD'I'NG SALE OR USE OF CITY REAL PROPERTY; REQUIRE THE INDEPENDENT AUDITOR GENERAL HAVE A DEGREE OR EXPERIENCE IN PUBLIC ADMINISTRA'T'ION; AND INCLUDE A SECTION ON THL POWERS AND DUTIES OF THE CITY CLER.K . off commolon NUTMG OF AUG - 9 2001 Aoeoluticu No. ot-- 840 BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is directed to prepare amendments to the Charter of the City of Miami, Florida, as amended, for consideration at an election to be held on November 6, 2001, proposing, upon approval of the electorate, to insert• a statement which recognizes the extraterritorial. powers and Home Rule Powers granted to the City by the 1968 Constitution and State law and to delete all powers and duties of the City and provisions of the Charter which are included in such Home Rule Powers and to convert to ordinances those deleted provisions which are not included in or in conflict with or superseded by Stats law, other provisions of the charter or ordinances of the City; clarify the nomenclature and procedure regarding elections and filling of vacancies and establish a qualifying period and to establish the qualifying fee by ordinance and to delete all obsolete provisions and requirements which are superseded by State law; amend the compensation for City Commissioners to establish the salary at 608 of the salary of the Mayor to be effective November 6, 2001, and provide for an annual. increase thereafter based on the Consumer. Price Index which annual increase may riot exceed 58 of the then existing salary; amend the initiative and referendum procedure to conform nomenclature and Page 2 of 4 01— 840 0 0 to include requirements and time limits for submission of the petitions; amend the time limit for submission of appointment by the Off -Street Parking Board members for approval and delete the minimum salary of the Director as obsolete; amend the provisions regarding the Department of Finance and to convert- the section on Chief Procurement officer to an ordinance and to delete all Charter provisions regarding bonds, franchises, finance and taxation which are obsolete, superseded by ordinance or State law; convert to ordinance the provisions regarding public improvements and contracts for personal property and public works and improvements and requirement to comply with city, state and federal law; amend the procedure and requirements regarding sale or use of City real property; require the independent auditor general have a degree or experience in public administration; and include a section on the powers and duties of the City Cleric. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor,11 ii If the Mayor does not sign this Resolution, it shall. become effective at the end of ten calendar- days from the date it was passed and adopted, If the Mayor vetoes this Resolution, it shall become effective immediately upon override- of the veto by the City ComRli6sion. Page 3 of 4 01- [x� lJ40 PASSED AND ADOPTED THIS 9th DAY OF August , 2001. JOE CAROLLO, MAYOR (6 drrcorJance with Miami +erode Sec. 2.36, since the Mayor did not Indicate approval of 'his legislation by signing it in the designate,A place provided, said legislation now ATTEST: becomes effective with the elapse of ten (10) ye from the date of fission regarding same, without the Ma ex a vet CITY CLERK APPR yi�b I7/TO ORM AND CORRECTNESS: ' KQWnlY Tr-rT TP]TT T /1 `�I Y ATTORNEY 5531:AW:BSS Page 4 of 4 01- 840 EXECUTIVE SUMMARY Charter Review and Reform Cotmmittee Recommendation (FINA-) At a Special Commission Meeting on August 9, 2001, at 3:30 p.m., the Charter Review and Reform Committee will present its recommendations to the City Commission for consideration. The Charter Review and Reform Committee (" Cotnmittee'� was impaneled by the City Commission to examine the City's charter and make recommendations as to how it might be amended. After several months of intense debate and examination, the Committee has concluded its work and submitted its recommendation to the City Commission for consideration. The City Charter is the voice of die people of the City of Miami. Quite simply, it is like a constitution for the city. The Charter is the superior law of the City of Miami unless federal, state or county law has authority. Unless the charter provides otherwise, only the people of the City of Miami can change the charter. The City's ordinances, passed by the City Commission and included in the City Code, and all. other City actions must follow the requirements of die Charter. The voters of the City of Miami adopted the current charter in 1925. Although voters in die City of Miami have amended the charter several times since then, some of its provisions reflect past practices and limit the city's ability to respond to today's needs and circumstances. '1'he primary objectives of the Conuhhittee are as follows: • Protect those elements of the charter that grant or protect core rights of Miami's residents; • Improve city's efficiency in operations and thereby boost die city's effectiveness in serving its citizens. • Make grammatical changes to make the charter an easier read; Update the chuter to reflect 21" Century needs and realities, particularly focusing on municipal home rule powers and long-term transfers hi services to the County; and • Limit the changes to recently enacted sections of the Charter (i.e., Form of Government, Off Street Parking, Independent Auditor General). Submitted into the public record in connec on with Item .IJ- on ) Of— 840 Welter Oman City Clerk ExECUTNE SUMMARY Charter Review and Reform Committce Recommendations As of July 25, 2001 That which follows is intended to summarize the amendments proposed by the Charter Review Committee and explain the subject matter and effect of the amendment to residents who may not be familiar with the issues. What is municipal home rule power? Municipal home rule power is the power granted to cities by the 1969 Florida Constitution that allows a municipality to exercise any power for a municipal purpose except as otherwise provided by law. Because municipal home rule power is so broad, the City no longer has to spell out in its charter all of its powers as it did in 1925. Many of the Committee's recommendations have been made to reduce the unnecessary size and complexity of the charter and place these powers in ordinances with appropriate detail. (Section 3). Is this another attempt to change the City's form of government? No. The amendments to the Form of Government section of the Charter simply clarify the provisions of the present form of government (i.e., stating that a mayor has authority to name a replacement in a temporary absence, updating a section that had not been changed when the Executive Mayor form of government was implemented and moving conflict of interest that appears later in the charter to this section.). (Section 4). What recommendations are being made regarding commissioners? The recommendation regarding commissioners is an increase in Commissioner's salaries, which have been set at x+5000 since 1949. The salary is a formula calculated at 60% of the mayor's current salary with annual increases that would not exceed 5%. No current commissioner would be eligible for the new salary until re-elected. (Section 4(h)). What recommended changes are being made to the City Administration? The departments of public service and public welfare have not existed for over 40 years so reference to them has been recommended for removal from the charter (along with other functions/departments that have been transferred to the County). Additionally, the proposed change removes a section that allowed the Commission to eliminate positions specified in the charter by ordinance. (Section 18, 22, 22-A, 22-B, 22-C). The proposed changes also reduce the detailed language in the charter regarding the Department of Finance. (Section 27). Submitted Into the Publip record In connection- with tem __1___ on Of Walter Foeman city CI©rt, 8 4 0 • EXECUTIVE SUMMARY Charter Review and Reform Committee Recommendations As of July 25. 2001 We just voted on the Off -Street Packing, what changes are being recommended now? Currently, the Hoard of Off -Street Parking includes five scats and the Board must nominate its new board members for Commission ratification upon a vacancy. In the past, the board reached a deadlock because it was unable to agree on a recommendation for some time. The first proposed change is to allow the Commission to decide on Off -Street Parking Board voting deadlocks. Additionally, the Committee has responded to Off -Street Parking's concern about the limited period (10 days) that the charter grants for Off -Street Parking to transmit to the City Commission its nominations for Board members. The Committee proposes increasing that time to 20 days. Finally, the Committee is recommending the replacement of the minimum salary for the Executive Director set forth in the Charter with a statement that the decision on salary is made by the Off -Street Parking Board. (Section 23). Have any changes been made to the City's purchasing process? 11ie City must go through a formal bid process for any purchase of goods or services more than $4,500. Most cities do not include such limits in their charters. 'Phis ainount is the lowest that the know of among any municipality in the State of Florida. The relative bid limits of some other Florida cities are as follows: Ci Bid Limit Coral Gables $7,500 Saint Petersbur ► $50,000 Tama $100,000 Tallahassee $25,000 Ft Lauderdale 1525,000 Now any purchase for more than $4500 must be approved by the City Commission. This requirement sometimes acts to increase the costs of buying goods and services and reduces the efficiency of the buying process. The proposed purchasing amendment converts the bid limit provision to ordinance so that the City Commission can raise the limit if necessary. (Section 29- A (a), (b)). What is a Unified Development Project (UDP)? A Unified Development Project is the City of \liarni's mechanism to seek private development on City- 3uhmitted Into tho public rocord In connection with item 3, on 40 Wtllter Fooman `� _ $ CIO/ EXECUTIVE SUMMARY Charter Review and Reform Committee Recommendations As of July 25, 2001 owned property. It allows the City to invite developer- proposers who provide a range of development services including planning and design, construction, leasing and management and allows the City to obtain those services as a package rather than as individual items. The developer selected becomes a partner with the City to undertake the development sought. Generally, the selected private developer is responsible for paying all costs of improvements. The City brings the land to the deal and receives rental payments. As partners, the City and the developer snare in revenues that the development generates. Under the current charter provisions, an interested party who responds to the City's invitation must bear much of the planning and design cost of the project, even if it is not selected. Because of this up front investment, the City has a difficult time attracting proposers to compete for these development projects. (Section 29-A(c)). Why change the UDP process? Competition in any process usually benefits the City. The more interested parties the City has, the snore likely it is that the City will get a better deal. The changes that the Committee is recommending are intended to increase participation in the process and, thus, improve the City's return on its property. How does the recommended charter amendment change the process? The current charter requires that the City receive three bids before transferring the City's property without a referendum. The City Attorney's Office has interpreted the charter's current language to require that an interested party come to the table with all of its financial, planning, and design information in place. Without changing die 3 bids or referendum requirement, the proposed charter amendment allows two stages in the invitation and award process. The City can qualify f this to participate in a second proposal phase without the proposers having to bear the major up -front costs until after the City knows that enough parties are interested. Any other changes to the UDP process? Tlie proposed amendment also allows the City Manager to include experts or affected residents to participate in the preparation of the documents that invite the developers to propose on a project. Gubmltted Into the public record In connection with Item on --6-i 4 Walter Fooman 0 • EXECUTIVE SUMMARY Charter Review and Reform Committee Recommendations As of July 25, 2001 What recommended changes are being made regarding the sale or lease of Ci"wned property? Currently, the City cannot sell or lease land unless it issues a bid and receives three proposals or the sale or lease is approved by referendum. Certain exceptions currently apply if the City is granting the land for affordable housing or to another government. The proposed change adds exceptions for (1) conveying properties that the City acquires as a result of foreclosure, (2) conveying properties that the City acquires from the County because of delinquent taxes on the property; and (3) conveying non -waterfront property to an adjacent property owner when the property is 7,500 s.f. or less or is nonbuildable. (Section 29-B). What about changes to the leasing process? The proposal recommends that the City Commission be allowed to grant a one-time extension of less than five years on a long-term lease so that the lessee will have an incentive to make necessary capital improvements at the end of its lease. 'Paris extension would be for a maximum of 25% of the original lease termor 10 years, whichever is less. Often, when the City has awarded a long-term lease (20 years for instance), certain capital improvements may be necessary on the property near the end of die lease term. The City's interest is maintaining the property in its best condition, yet under the current Charter provisions, the lessee has no incentive to invest additional money in the property if the City cannot give it some certainty as to how it may continue to occupy the property. Currently, the City has no way to ensure that the property is maintained in the best possible condition because the City must issue a new bid at the end of the lease term and the lessee must compete in a new process with no advantage as the current occupant. (Section 29-13). Are there any other changes to the process for sell or leasing of property? The charter includes a provision that limits the City's ability to sell or lease property unless three bids are received. This has made selling and leasiuig City properties difficult since the proposer loses time and money in waiting for an election and paying the costs for placing the question on the ballot. This added financial burden is especially limiting with die City's lower value properties. Generally, a proposer will withdraw its bid rather than seek a referendum since this additional cost and delay generally does not make economic sense for the purchaser.. When this occurs, the property remains vacant, underutilized and often contributes to urban decay. Submitted Into th© public record In connection with Item _ on - o r 5 Walter Foeman — b 4 0 City Clerk 0 • EXECUTIVE SUMMARY Charter Review and Reform Committee Recommendations As of July 2S, 2001 The Committee is proposing an amendment that allows the City Commission to sell or lease the property by a 4/5 vote without a referendum for non - waterfront property valued at less than $500,000. I know that the charter creates very specific rules about the use of Watson Island. Do the amendments change those rules? The proposals attempt to establish some balance between allowing a short-term event like Cirque de Soleil (which currently would not be allowable under the charter without a referendum) and the restrictions that ensure that this precious asset is not lost to aggressive, long-term development. Clearly the cost and time associated with a referendum make it undesirable for a two week event like Cirque de Soleil; however, the City would have had the opportunity make an active use of the property if this amendment is effected. (Section 29-C). What about provisions affecting City employees? Although the ConuT&tee has identified Civil Service (Section 36) and personnel management as a major issue in need of an overhaul, the nature and the complexity of the issues made the topic to large for this committee to address. Instead, the Committee intends to recommend that the City Commission appoint an ad hoc committee that gill specialize in personnel management issues and create an update and simplification of that section of the Code. What about the Civilian Independent Review Panel that the City Commission recently discussed? The effort to create Civilian Independent Review Panel that would investigate allegations of police mischief has taken a different track. The City Commission heard testimony on that issue at its meeting of July 19, 2001. This Committee has not examined that issue. Submitted into the Public record in connoctlon with item ._1_.,._ on aLg - D L Walter Foeamn 6 City Clerk 01- bio 8/3/2001 at 1059 AM Chatter Review Recommendation Summary CONSULTANT CITY AITORN)h'Y/Admin. COPAIIVIITTEE ACTION Sectioa 1- language referring to powers I !Retain seal language; otherwise approved. Creation and IStrike inherent in home rule authority (i.e., )Existence common seal, contracting ability, sue and be sued Section 2 - Strike specifics of location of City's No commend Approved. Corporate latest Iegal description f limits Section 3 - Municipal home rule power entitles a Committee approved broad statement Powers municipality to do whatever is not regarding municipal home rule. 'prohibited by law. Replace individual delineation of powers with a broad f�statement reflecting the breadth of !powers. I Move {f} to Section 29-B Approved. in 0ev related to the disposition of City owned property. 3 {m) contains extraterritorial powers Retain (m) related to harbor Approved. aC which can only be amended by general and shipping facilities. State �a or special law. The City should keep claw has relegated all "port" n Q this provision, but revise it and say that +activity to the county; however, o ;all extraterritorial powers of the City are certain cargo activity along the nretained IArticle as provided in Fla. Const. Miami River has been deemed o VII §20 exempt (ff bird sanctuary, (gg) street sales, (hh} I o i outdoor exhibitions, games and contests, (H) railways, (l}) codification_ of, ! ordinance, (kk) self-insurance and insurance trust, (11) airports and landing fields, (mm) building and zoning, (nn) trrowing to erect and add to public j uildings, should be converted to ordinance. • S 8/312001 at 10:59 AAA Page 2 of 16 0 • CONSULTANT ATTORNEY/Admin. COMMITTEE ACTION i —__j_CITY Retain (mm) Building and Approved. Zoning Section 4 - Miscellaneous language clean-up, Agreed Approved Foran of updating to reflect "executive mayor" Government form of government- overnmentStrike Strike"Commencing with the election Agreed of the mayor in 1997," language and similar language meant to define the transition to occur in 1997. (a) Amend language that states that mavor is the "Chief Administrative Officer" to '• "Chief Executive Officer." (b) Resign to Run should be removed Fla. Stat. Provision does not Committee made adjustment to create because F.S. prevails. ,meet every circumstance of City I qualifying period. Approved staking b/c no beginning date on language. quahfymg period. (c) Eliminate "actual and real" in discussion of mayor's residence and throughout the document in such use. f (C) Eliminate language regarding Preserve language regarding City Attorney's exception approved. to conflicts of interest that is otherwise conflict of interest as language CD � 0FL defined in F.S. iam is unique to Mi. —x {� Incorporate language limiting the Include limitations regarding jAPProved 6/20 rCL imayor/commissioners involvement in ;interference with subordinates e isubordinates of the manager to this of city attorney, city clerk and o section. independent auditor general n CD (Also, carry over language from Approved 6/13. a ' � ISec. 15 (p.33 behind yellow tab) o g 'C 'regarding willful violation. Page 2 of 16 0 • o C MOM at 10.59 AM I CONSULTANT 3 CPTY ATTORNEY CObII1 ITME AMONi `(e) Eliminate language that prohibits commissioners from serving as city manager or as a member of the civil i service board. (�} Designate the noon meeting as the 'Rejected. Ceremony has significance for time at which the mayor and i individuals and should be scheduled commissioners take the oath of office. according to their individual needs. i i (17 Eliminate detail related to the format (Retain language that provides Approved w/ city attorney's qualification lof commission action that is otherwise ordinance to be read by title on 6/13. defined in state law (i -e-, ordinances and ionly. j resolutions , public meetings, no exceptions from voting). +(9)1 i j Formally provide for titles that mayor may confer for "presiding officer" (i.e.. Vice- 1NMayor, Commission Chairman, i eD (or Vice -Chairman) and respective duties and powers.- I I - 3 (g)3 Clarifying that the mayor has the Agreed !Approved _ m power to declare a state of emergency as provided in state law. i c (g)4 Clarifying that mayor's ability to Agreed i appoint someone to act in his stead is Q limited to temporary absences or disabilities. Otherwise Sec. 12 vacancy provisions apply. (g)6 Oar& mayor's authority to appointiAgreed. Approved. if a vacancy eidsts in the office of the j i city manager i Page 3 of 16 • 0 t QC C ■ 813/2001 at 9Q•59 AfJI 0 Page 4 of 16 .i CONSULTANT CITY ATTORNEY/Admin. 1COMMWrrEE ACTION (g)6 Insert "after conducting a hearing Such additional Language would Consultant's recommendation rejected_ as provided herein." to language serve to grant manager a right addressing commissions authority to he does not currently have. remove manager. (h) Replace specific language regarding ' 60% of Mayor's salary as of general an amount to be conferred and refer to municipal election with an annual CPI ordinances increase not to exceed S%. Section 5 - Clarify that this section only applies to _ Consultant recommendation approved at Initiatives ordinances. meeting of 6/27/01. Miscellaneous language dean -up to set Agreed. Consultant recommendation approved at out process for presenting/filing for an meeting of 6/27/01. initiative. Exclude initiatives on those subjects t recommendation approved at Fme=in�g7of precluded by state or federal law. 6/27/01. Add procedural language regarding the t Consultant recommendation approved at C.) S ow of a committee and how petition shall commence- ommence_ i Imecting of 6/27/01. I Q El Amend subsection (3) to allow a special iConsultant recommendation approved at election to be held between 30 days and; 1meeting of 6/27/01. _ 120 days because 45 days may not allow e z _„ sufficient time. m __ Remove provision requiring Consultant recommendation approved at n T�; �' o _ commission to resolve initiative meeting of 6/27/01. n m question at a meeting and allow for t`,: compliance with state law requiring the adoption of an ordinance. Section 6 - Clarify that this section only applies to Agreed. Consultant recommendation approved at Referendum ordinances, meeting of 6/27/01. Clarify that 15% of electorate registered Consultant recommendation approved at at the last general municipal election meeting of 6/27/01. shall be required. 0 Page 4 of 16 .i W O grinnni �f in -no est V 1 CONSULTANT I CITY ATTORNEY/Admin. I ,ONMffT M ACTION Clarifies that form of ballot language 'Consultant recommendation approved at applies to special elections as well as meeting of 6/27/01. Section 7 - general municipal and run-off elections. Change the term "regular" election to Establish general Regular and "general" election. municipal/runoff/special as forms of Primaly election in the City of Miami. Election of i commiiesioners do mayor ' Remove qualifying fee from charter and (Approved 6/13/01 convert to ordinance Establish auq_aMing period.- 'Agreed. iApproved 6/13/01 Remove language that attempts to Amend section to reflect that Adopted 6/13/01 ;define "elector." the Count} s Election G� I Department and SuperVisor of t pc 'Elections are the repositor, of a 3 I I all voter registration and n a ' information. M Amend provision regarding those Adopted 6/13/01 s ©° persons placed on the ballot by oreferring to them as "candidates having c qualified as provided in section 4(c). g Q on 8 - IInclude other potential elections that No comment Approved, Fomn -.ballots +may be affected. Remove paragraphs related to run-off :No comment. Approved. 1procedures as it conflicts with section 4 of the charter. Section 9 - iUpdates language to reflect the Approved. Declaration of eXistence of district elections and an election; how executive mayor. Clarifies the type of tie vote election. decided rage Z) OT go f� • 81312001 at 10:59 AM !CONSULTANT MY ATTORNEY/Admin. COMMMEE AMON -Decide tic votes by lot under the "Tie votes" should be resolved Approved. supervision of the chair of the by a "lot" procedure under the canvassing board in the presence of the City Commission or candidates. independent entity's control rather than submitting the "tie" to the courts. Section 10 - Remove section. Terminology clarified Clarify as the distinction Captured in other committee action. Distinction elsewhere. between general and special between i lelections is obsolete. All general and regularly held elections should special be general. All elections other municipal than regularly scheduled ones ejections ,are- "special elections." Section 11- Remove section and recodify as the Ko- -comment.- !,Approved. The recall. charter currently notes F.S. supersedes. Section U - Include language that reflects that Approved. Filling qualifications contained Section 4 apply vacancies for to commission appointments. nwyw and coninussionerel C,#) Include language that reflects Approved. (D CD so c "forfeiture" as a means by which 0 0� 2L 3 mayor/commissioner may lose office. n Create a qualifying period that shall Consultant's proposed time line Staff to work on language to establish 0 Oust for five days before the election. is impractical because ballots qualifying period that is reasonable given must be printed well before the state requirements for advertising and 1proposed qualifying period. Supervisor of Elections deadlines. Page 5 of 16 0 9 Qo� RnigrVH at 1(1.59 AM �CONSMTANr CITY ATTORNEY/Admin. 'CONMMEE Grant the Governor the authority to fill ;Rejected. A person with standing could a vacancy if the Commission fails to act. take issue to the circuit court if commission fails to act. i Amend this section to provide CAO's concern addressed in Section 4 of for the powers of the Mayor to the Charter. be conferred to the Mayor's surrogate during his temporary absence. Section 13 -'Remove section as obsolete. The terms -- No comment. IApproved- - Election when of the commissioners are staggered. terms of four Leave language as is. Approved City Attorney's Section 14 - ;Update language to reflect executive Commission mayor no longer part of commission; recommendation at meeting of 6/27/01. MW Iremove gender specific term. rnvestigate i officW 1 transactions � acts and conduct. Section 15 - Remove reference to 1997 mayoral Approved. City Manager election. Qualifications; appointment; term; ... ; Move language regarding interference Approved. c Q with CITY ATTORNEY from this .section to the section regarding the ! _ 5: o CL mayor/commissioners (Sec. 4). � o 5 I I -a oLj , .v Cr Page 7 of 16 0 -n r, C) 8/312001 at 10:59 AM Page 8 of 16 0 CONSULTANT 1CITY ATTORNEY/Admin- COMNMT]rEE Delete the requirement that the State Committee recaptured this language Attorney bring the action in circuit CwiffW violation") in Section 4 where the court if the mayor or a commissioner I interference paragraph was moved. violates the interference prohibition of this section. Limiting manager's authority to execute AAvisir&ahim max.-mmms about No action. 0 tr % a contracts to those authorized by budget Avhar im)ixfzh& A7 gvage has on CL I or appropti;ation. manager's emergeng ahox_ruhn-r B. 0 CL their it No derlarxim ofa "Wale of 0 emegeaq. 0 Chu* the procedure for the No action. o appointment of a "surrogate" city manager during the Imanager's temporary absence- M—on 16 - Grammatical/stylistic changes; clean-up No comment. No action. Same — to reflect other proposed changes Powers & Dudes Delete section. Convert to ordinance. No comment. No action. Section17 - Cross-reference the mayor's or a Include language regarding GAO's recommendation adopted on Same — committee of the commission's power powers conferred upon the -6/27/01. ]Examination to examine the affairs of departments in mayor and commission by this of affairs of this section- Note: r,/27/ol n=tingicharter to conform to 1997 departments, rejected change in L"guage that reflects confers; Icharter amendments. offers or commission's committee subpoena Power. See Sec. employees 14. Section 18. 'Delete section. Convert to ordinance. Remove language on public CAO's recommendation adopted on Departments service and public welfare. 6/27/01. established Others should remain. Page 8 of 16 0 Rt-ROWN at 1 ff-59 AM • E CONSULTANT � CITY ATTORNEY/Admin. i COMIV =E Section 19. Delete section. Convert to ordinance. CAO recommends that this CAO's recommendation adopted on Creation of ! section remain in charter. 6/27/01. new departments; I discontinuanc e of departments � i Section 19-A. Delete section. Convert to ordinance.';C OO recommends that this Consultant recommendation approved at Authority to :, section remain in charter. meeting of 6/27/01. create and discontinue departments i by ordinance , not limited by other chatter provisions. Section 20. Directors of departments. Delete section. Convert to ordinance. !CAO recommends that this section remain in charter striking language related to the Committee accepted recommendation of i the CAO on 7/1'91/01. Section 2L Department of Law Delete section. Convert to ordinance. 1 ,dept of water and sewers and Ireplacing with reference to the City Clerk and the LA.G. 'CAO recommends that this I f section retrain in charter. I !Committee accepted recommendation of p the CAO on 7/12/01. Section 22. Deletion section. Department Agree with Consultant Committee accepted consultant Department of public service discontinued pursuant to commissions §19 authority. recommendation. recommendation on 7/12/01. • E 00 C 8/312001 at 10.59 AM •, .vinicGUV wan item �_ on v ► Page 10 of 16 Walter Foema, • CONSULTANT CM ATTORNEY/Admin. COhUdlITEE Section 22-A. Delete section. Convert to ordinance. Agree with Consultant Committee accepted recommendation of Department of recommendation. Consultant on 7/12/01. water and sewers; water and sewer board. Section 22-B Deletion section. Department !Agree with Consultant Committee accepted recommendation of Department of discontinued pursuant to commissions (recommendation. Consultant on 7/12/01. public welfare §19 authority. Section 22-C. Delete section. Jackson Memorial !Agree with Consultant accepted recommendation of Board of Hospital transferred to Miami -Dade (Committee recommendation. Consultant on 7/12/01. trustees of County. No longer relevant. Jackson Memorial Hospital Section 23. Delete section. Convert to ordinance. Committee rejected converting to Department of (Discussed at 5/14/01 meeting w/ 2 ordinance b/c of recent electorate off-street members present) consideration of similar issues. No vote pad&V off- (taken. Committee approved on 7/12/01. street parking board. !Revise to create new procedure Commission breaks tie for 5th seat board for the selection of the Off- (member appointment. Committee Street Parking Board members approved on 7/12/01. that would eliminate potential Submitted into the public deadlock. •, .vinicGUV wan item �_ on v ► Page 10 of 16 Walter Foema, • 8/312001 at 10:59 AM CONSULTANT 24. jDelete this section. safety ATTORNEY/Admin.IcoN crrrEE Amend language to allow moreAmend language from "10 days" to time for Off -Street Parldng (present appointment to "20 days." No Board to present nominations vote taken. Committee approved on to the commission for 7/12/01. ratification and provide for consequences for missing deadlines in appointments. Update the minimum salary for 'Have salary fixed by the Off -Street the Executive Director. Parking Board. Committee approved on 17/12/01. CAO recommends that this Committee approved recommendation of section remain in charter. ICAO on 7/12/01. Section 25.� (Delete section. Convert to ordinance. CAO recommends that this gUP"Visi section remain in charter. divisions of police and fire , Section 26. Delete section. Established by Florida (CAO recommends that this Suspension law. section remain in charter. and removal o , chief of police and fire chief i ; Section 27. Delete section. Convet-t to ordinance. ICAO recommends that this Finance, I section remain in charter. depanoment of E finance. � � I FC+ O Page 11 of 16 Committee approved recommendation of CAO on 7/12/01. Committee approved recommendation of CAO on 7/12/01. Staff to rework reflecting 21st Century nractice of Finance. • • 8/3/2001 at 10:59 AM CONSULTANT 1CI'TYATTORN)E'Y/Admin. COMIbi[TTEE Section 2? A- Delete section. All functions moved to Agree u-ith Consultant Recommendations approved on 7/12/01. 27 L County. Charter currently explains. recommendation. Titles alone remain. Section 28. Delete section. Convert to ordinance. Agree with Consultant Recommendations approved on 7/12/01. Chief recommendation. P111r rcun�aat officer Sectioa29 A nd Delete section in its entirety apersonal f'�'pPrlrF.rfaGlir�menloflydGmits Recommendations approved on 7/12/01. Contracts for convert to ordinance. 'zea ordinan« public works i ..or imp., UDP'S (c� Iri<dr�arafe languatie rG6t,v�!! Admin. recommendation approved an � �pnavrdFf rmFrfrGcrr of1hF jiublr< 15/7/01. Language amended CD 3 C mho /otr <ertoin FxpenrrF orttrrd� presented and approved on 6/27/01. � rn Ifit off iYeCD dulPrt taparlrcrpate in tl�F�inparafrorr fl%e.rol<rr"atio�r i dOdYl/!lFlll: v (c�Allo�z,hr�,rtppmcerr. RequF.ri Admin. recommendation approved on ? drgr�a!�<rriQn.lria�irpcede!!�e 5j7/01. Language amended by CAO, c} � " -cs ,RegXeJtjrpr»�poratr, presented and approved on 6J27%01. m City- Delete section. Convert to ordinance. I�FlFIF exceptransut'1hr v�egx�rrring Admin. recommendation approved on _ �cd vrrdplocFattf�cFrrdofthetec�ionfar 5/7/O1.language amended byCAO, o.:. property sale clarrlj: presented and approved on 6/27/01. �. t7^ Page 12 of 16 of tease — i 813/2001 at 10:55 AM `CONSULTANT ICITYATfORNEY/Admin. iCObOdWME Orale evc-p-ori m 3 Gid Admin. recommendation approved on i rrgtrirrmeatfornan-buildable loll 5/7/01- /7/01.raked&/ i aked &/less than X500,000. Exemplfram the rampehhir Giddrrrg Admin. recommendation approved on mrerrthorepmp"tiereanagedGy 5/7/01. I Aliami Dade Coke fmm the I& of larrdr. �Eemplfmra the rnmjiehtivf hiddrng Admin. recommendation approved on soldorleased 5/7/01 with the addition of language that rrnrerrl"a'9r4npenie ,lo adarertpmpertj 7=err wha, the (property. precludes such application to waterfront 'mptmt ram7,S00.ryoarefeetor i /err arnonhaildabk. i I � 4llau�jlex7bi,& Foran exlemiart of Admin. recommendation approved in ! lease inhere capital e.%pendilr�r� may concept. Specific language approved on he he ' 6/27/01. _ o c anroni-Led hooad ex-rling leare lens.. 0 � E%femsiorr should be hasedrrpofl C rprerpt offairmarhel valise bared on ,htv indepeadeat appraisals C Section 29-C. IDdete section. Convert to ordinance. Create some ".pecialevealr" Admin. recommendation approved in Watson Island. e-vrmptionthatwillallo.w concept on 6/13/01. Specific language r?dminislration loperrnit a rel,�tively approved on 6/27/01. shae--terns eomrmitmenllihe Cirgme ide.Saleil, Page 13 of 16 u E 8/3/2001 at 10.59 AM CONSULTANT CITY ATTORNEY/Admin. COMIVIIITEE i Section 29-D. Delete section. Convert to ordinance. 'Sec 29-A. Make parallel Approved . City-owned updates. Amend "master" plan Waterfront to "comprehensive" plan to property, etc. reflect new terminology. Section 30. Delete section. Agree with Consultant Committee approved recommendation of Local recommendation. Consultant on 7/12/01. im >g rkj(4�� Eliminate Ile ngrrinment • -that the 04 pay 3/4 0 m tn � impmzrments by inserlin� langrza�e 3 gc Cr !hal a!lOms "� lo" t/�rpefonzihs J the �osl f the h�hway impmz�emenl _a � C when a neaohGo>h00d has the � , frnanrral zthe>mifhaland rntenrt in o , arsuming a 8nater partron of the '"" eosls o i mz�ment. A Relate T17ih shall to O ?� nfleci the County's ngairrment that z o _a n every parcel hook JOto the smer Gne. Section 3L Delete section. .4gree with Consultant mi Committee approved recommendation of Temp- bonds Irccommendation. Consultant on 7/12/01. Section 32. Delete section. .Agree with Consultant Committee approved recommendation of Gem bondr.• � recommendation. Consultant on 7/12/01. Section33. Delete section. .Agree with Consultant (Committee approved recommendation of c:> Bond anticip. recommendation. (Consultant on 7/12/01. notes Section 34. Delete section. Agree with. Consultant ;Committee approved recommendation of Exec- (bonds) I recommendation. 'Consultant on 7/12/01. �..ti Section 35. Delete section as such courts were Agree with Consultant Committee approved recommendation of O Musa. Court abolished by Fla. Const. recommendation. Consultant on 7/12/01. Page 14 of 16 8/3/2001 at 10:59 AM CONSULTANT CITY ATTORNEY/Admin. COMIVIITME Section 36. ,Delete section. Convert to ordinance. iautrafronI rrcommena'atrou Tabled for new committee to work on Civil service aircontained k separate Crl>il language after the abolishment of 2000- S mice .fkmrnag. 2001 Charter Review and Reform Committee. CAO recommends that this I section remain in charter. Section 37. Delete section. Convert to ordinance. CAO recommends that this Rejected Consultant's recommendation on Pension Fonds{ 'section remain in charter. Section 38. O section- a el Convert to ordinance. 4CAO recommends that this Approved. City planning 1section remain in charter. and zoning board. ! — Section 39. Delete section. Convert to ordinance. `Cb if, this section to reflect Committee approved recommendation of Franchise and I current distinction between 1CAO on 7/12/01. Clarification to be public utilities ; I"licensee" and "lease." imade in converted ordinance. Agree with Consultant recommendation. Section 40. Delete section. CAO recommends that this Committee approved recommendation of Subdivisions section remain in charter. ;the CAO on 7/18/01. Section 4L Delete section. CAO recommends that this Committee voted to approve CAO's Conduct of a section remain in charter. recommendation on 7/18/01. city business; compensatiON duties, and oaths of offices and employees Submi tE�d into the public QOrecord in cC-Mection with i & m2 i B - 9- D / Page 15 of 16 `r Wafter Fc e an Ci�j Geek 9 • GO C 813/2001 at 10:59 AM wvjtjj item on _E- _4_0 1 Page 16 of 16 Walter Foeman 0 n CONSULTANT T T CITY ATTORNEY/Admin. COMER+ rmh Section 42. Delete section. Agree with Consultant Approved an 7/12/01. Power to recommendation. appoint boards Section 43. Delete section. CAO recommends that this Consultant's recommendation approved Continuity r section remain in charter. on 7/28/01 after CAC) agreed new jcontinuity provisions would capture all value of this section. _ Section 44. (Delete section which is substantially Agrec with Consultant Approved on 7/12/01. Suits isuperceded by F.S. §758.28.recommendation. the City. } t Section 45. ;Delete section.Clarify and update the Retain (a), (b), (f), (g) and (h). General ordinance and resolution Provisions. effective dates and codification ,procedure. Section 46. Delete section. Agree with Consultant Approved on 7/12/01. Bureau of recommendation. legal aid. Section 47. Remove this section because the Agree with Consultant Approved on 7/12/01. Credit to municipal courts, established in §35 recommendation. prisoners for have been abolished pursuant to Fla. work Const i Section 48. Include "certified public accountant" to CAO recommends section !Committee decided to add public Office of qualify what form of license IAG remain as is. administration degree or experience on independent should have. 7/18/01. auditor general Section on City Cork to be wodwd INote: on by Ctedr and CAO. t CAO - City Attomey's Office wvjtjj item on _E- _4_0 1 Page 16 of 16 Walter Foeman 0 n July 21, 2001 Draft of Proposed Charter -Changes Sec. 1. Creation and existence. The inhabitants of the City of Miami, Florida, within the boundaries hereinafter designated, or within such boundaries as may hereafter be established, shall continue to be a body politic and corporate under the name the "City of Miami," and as such shall have perpetual succession- and may use a common seal,may t - and die—eent-*aeted with, ani}—ata —sue and be sued, plead-ate—be impleade in all the this istalse and in all mat=tier-s ..t a t e Sire r - Sec. 2. Corporate limits. The corporate limits of the City of Miami shall include all the territory and inhabitants within the following area, and no other: (The latest legal description of the city is in exhibit A of this Charter 6 -rd e<r--94�_ which is on file in the office of the city clerk.] Sec 3. Powers. The city of Miami shall have the governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes, except when expressly prohibited by law. The City shall have the extraterritorial powers granted to the city by general and special law and including Laws of Florida, ch. 10847 (1925), as amended. The City of Miami shall have power -Tto--- -(aa the wed €ems -the puriaese-ef-amity, and in sueh m -hall be here-'- and in aeeegFee-wit-h the Submitted Into the public Page 1 of 115 record In conne ,on with Item _Lont 01— 840 Walter oeman City Clerk eqns-t_�u n—and laws of the Staee ^€---•F"-epi-da—apAl•-� -a c cx cca ; -$v d--rrrnveve ,--c-zzQ.--z'�-�^�—�_-u , r- "e-r- ed:_y iiidebtedneEis-e a t be--impesed an --tie �o�s--e,=tee-�:. -r•�- }--S-t;r-eLaLr,, r s� br do esu sewer, ,--grade--maoe v#---Oh1Glee,i Ser- a 4 rates -pave, quade, - '�pve --;na-eu"a�r�i-� , i emae-adam.11-4 i=e , lay- eut , -epen , e l e se ;--v c— -d-i-emu. , widen, and--athe_..-se -ileye a ewes �6'gicru cvi---1 ne-s,- sidewalks, parte, -p emenades, --aixd e t he:-, publ l e -hi ghways--er any part t-1�ea€ ; -and -t E) ho 1 d eB-eefs as krer-e�a€te--pr-ef�ed;-�e--r_�onst��xezd ;;,a i eL-a-i t _ ets„--e-i;ibvray s , --Euine!e , serve le ,- and d h highwaye, parks-, bi-J e pEevent the—"virstruct , and hiqhway-p--t9-�1JE�r3 prevent grave eresaing6--aver''—cch- e ^sa#te-by--r-aili=eada t to regulate the epeta6ien and speed -e€ --ail �sehielee--esiag she -street 'tire-eity,- to -re c 1 l a te the -sem-ee-r FAetel=eal-s,cabs—nth-er- A: e-lesfer the ea rying of passengers an ✓ehleles-€er-the transfeF a€ -baggage . {w; e"o..; = 7 ^r ••I-e^��es,sa�e,xi�- Ts most-epeea3.-or--�.-eea3 as seseffiei:rts---f e , „ , imprre s as hereinafter previded-and- t o est f eree ay t tier ea€- {d) --tri t r -a ^ t ;o-�as--a rid-b� rte:: �g--� r --Subjeet te the pre}semens of the -Gensti-t-stion of Flerida-acrd-af t-l�is eh ter, t eent*ai t debts, berFew meney-,--and dna 1se--arid IS-- a ��•i-deneea e€-indeb-ed _ ss . �-am r� '�'e �nr,end--t-he-�;,ezzey lawful or e t h e rev' -i s -e i 1 G i=t --4 —^a es -t -a -t -e er inr�erest --therein, ce de -eet� de -t -he rng sell, - -ease ,ertage , --p-71-edge, —o -r etherwise--diepea? eff 1111eiGGarrt thereef. . (44 Te aegsire er-diegese a€-seriri-ees inside er e t,.; de t-�,e e4 b„ puvehase, gift, etrhe-r-�se €er any Page 2 of 115 Submitted into the publle rocord In connection with Item f on 8 - o 1 Walter Fcemarn 01 - 84 city Cl fcw' r Vrt-r-po a e s of the—e-i-6y (ms-) lease to or contract with private firms er--persons entities for the ea ier-e-Jal- use `-eF management of any of the city's waterfront property, but only in compliance with the other requirements of this charter and on condition that: (A) the terms of the lease or contract allow reasonable public access to the water and reasonable public use of the property, and comply with other charter waterfront_ setback and view -corridor requirements; and (B) the terms of the contract result in a fair return to the city and the terms of a lease result in a fair return to the city based on two independent appraisals; and (C) the use is authorized under the then existing moor comprehensive plan of the city-; and (D) the procurement methods prescribed by ordinances are observed; and (5) the contract does not exceed five years and does not contain an automatic renewal or termination penalty. Any such lease or management agreement contract or proposed extension or modification of an existing such lease or fflanag contract which does not comply with each of the above conditions shall not be valid unless it has first been approved by a majority of the voters of the city. Nothing herein contained shall in any manner affect or apply to any project the financing of which has been provided by the authorization of bonds to be issued by the city. (Please note that these provisions will be moved to Section 29-A.)_ Page 3 of 115 Submitted into the public record In connection with item on t3_. -o 1— 840 Walter Foeman city GI@dt A • aaa� -F-g�-•-��-cam Dopar.-,-•.-�.-mp�a�e •-ffta-�-ta� i-r+ai�and-etitside the e i t jam- pub!--'eFnun�e�pal and ether bui4dings, , arme-Fier r inaT*ezcT—and all bullding-9 and sti•�e-t- ee Asea }--ate-aPP e r`3a e� t �-��e e€ the ei.t}; -t-e -ate- a -tet-_ er-w gee .- q� me-- =r g t s, -and easement - s- n ee e s sa --- f 9 r a ae4 4+ �tamentqj &nd-t-e-vent er a H the -f er- ate-} _mu -pa! purpese. (13 i--- F ki �•-' ^ R a ,-z ; e- eervi ee -Paye eha-se , hire, 3�ar�eper- .ease---�..,G---rte, -4- _ _ ., t. K''zsi•�+i�r n--wa-k t� e -; P� -- F --e t -ate ts ri h- - b i , n om h -Wa-t fe_•- i t it T i'la-ti-ng-•aed heati ses, ,a ne N=-- MJJ heat-a6nq , ei -eses . (•��--r:�*e�@ -- £,71 3 :--�'6-r?GE 1313 '--3T�8��e 93=euuts-i-d "--ti the st-at-e��-uueh ds, s� and �-a3�9-=unde''- w t- r �E-�--E-ity--fa2-- u..' f the Purpose of I. --Q-19191 7 --and c -e die g- a -ade ate-wa t e P'= y- feL- the -ei t y t e lay dam - yu Z , and other- -w6-�F3---G$.-.ee-''a."ic t-herewi rzh;te --n,aree and enferee-r-easenabFines pr9tee i4ag-- lie -per- -t -a t-he--wa•t -an- f-er--6L�G'��-e}Eei°elue fli -1 eo►pr-we€-wal-i -yto wherever--a-uch--l•a-A- -- may -tom•caeat-ed- iia by —, . n --$r aete likely p t ►, e ; t -y h a r -e e f - ,a-�-. r-t -lie to hei-v--ate-mill p-awer-.ce -ef— ffi,:i--fient deva i ... "-&ee-pur-peses , by t rcli� cid-sum-any^ e s `c rzv c—v = M. i t -^,, sub3eek--te--what-e-vev ee.. •rL . Terre-er t -^ ns M, id -eit to +-se1�-ems suppiJ~ peEse--- resid r--47(3E`ated. euesi__ i .e -a ffl scrim--L�E�iA red t e --61' ?� -'-]-t 6--E}Wi� - iiTiSzz-b - ��1 FJ TiET"'Ra_ta�--�s€--�k�� • , r. eD T.. � �- �b-�-s•-s.h-;--x�e�-a-rid en f e i-L£� Page 4 of 115 Submitted Into tho public 01 - record in connacilon, with item - I.or► Wolter Foolliarl • • U and -1-1 etheE pub1ie eiiities 9r etihe= serviees--F-at eerrver+ieneee-open-a tett end ere d 3e -c s er-y- any -eth-er-pe rson- w�-�-e �s ,- ueg�aa-;-a�3c3-p�-ese-r i -b2= •�-a�d -r-egullatlens €er- the -eenstruediea. and -use -ef-eaid--eendu4-t-e a nc1---ee€ereeesmp 3ee--t-ze;:3 t if , and r- as �_ €}lure er refusal -o€ tae' ' ��. _fig-eatnpaa-i:es--to p l a -e eand e9wepl y wi-t-€r--the-�� e s and , ,,-; �there ef, to arid- plaee the -w3-re s unde rg r©ted and-ma-Maea3---aha i n 6 L the fr-anehis �.- (m} Harbor and shipping facilities: To establish, construct-, maintain, and operate, both inside and outside the city, public landings, wharves, docks, and warehouses; to dredge or deepen harbors and rivers, or any branch or portion thereof; to install turning basins, build jetties, and otherwise improve the harbor and shipping facilities of the city, inside and outside the city and inside and outside harbor lines where such improvements outside of harbor lines are approved by the United States Government or its proper agencies; to acquire by condemnation or otherwise all lands, riparian, and other rights and easements necessary for the purposes aforesaid; to lay and collect reasonable duties or fees on vessels coming through or using said landings, wharves, docks or warehouses; to regulate the manner of using other landings, wharves, docks, and warehouses within the city; to prescribe and enforce reasonable rules and regulations for the protection and use of said property; to advance to the Government of the United States, with or without interest, funds to be expended in harbor improvements to be made by the government in or near the city, or directly affecting the city within. Miami Harbor and the approaches thereto, if such work has been duly authorized by laws of the United States; and to issue bonds or notes to obtain funds for such advances. , b j-eet to the prev--o3ens€ the i ��rF3n a f—Fi rida-- f this eha-rt-er-, - bet s-i-fre 1 e$-i�e' 6e-g1=aR6 f r e h. €eF p b44-eusilities- Page 5 of 115 Submitted into the public rocord In connoction Frith Item, -_ L—. on S:- A r 0 1 - tN^.hcr Foeman 840 �, d spas-- of sewage, ef-€a,-ashen , dead animals, and ethene€�tee--�.�-ae a eor�e�tet ;--ems e ,tees an me. -herr Plants+ f 3F the dispesa-I-er Berea€ , aand--- 1 s e , eendemna t i n, en un- .e _ -tc--='-==-- any-eea t--�--Jrn "e state fe--eaeh disposal, iceUet*e. •t , a . (p,) i-s'�ta s srl� iv cel---c-cy-i-^' 7�'-e a mpe�Q`r-e•t e es -within--- cirra�c.z-rci-r•.-�-ii�--Y-ei�te'd3 �- ie -;- - �. . -.' - - ;br wreck -1 the elty beyen d its -limits b�-he 1B4T�iTe`- o -s Sa� by -- the n v ,... Nhn ; Mr, ,e �igatemen} j ,, saz�-n��6--a•F2�f -e A 8t--9 �' e9tZae�lf3 c-�6 �' L. .^..x. i ^ i ^ t fire aI real-paFege�_ty4:thjn the-eity - a -be -rept dangerekig, ter unsanitary b illi qe-orr-a-t�t,�, =..eel _-do, u deter-a,.th, :-ubbsh , debris, t tit Unsigh-t4y and 'L, -, -J- jam_1even-t Rea / un -s i g'i t l y, e f F bictsiness withIn r-egi,ilate er pLee#ibit= -mal--�the e tfet-e-' any f business -ae6j:vd:tyj .ar,d-- genevally te define, prop- _a ate, er—p: event all ehrz go de Y: mental to t ��ie-8kj�. _measwxremnens--tot Reaeu.r-e and w tib use tai thi'-t3--the e and t re--fix--eea��a�la eet ►ed ea er- a: t elee-;-to eek Isego.-" eights,and i+H3peet sr meaeuTte�nd sealesl and to make etgand prevent- --res and to effipel peEeens te veF derr-aooaattZ 3G1e e the fi!�'te--department (deP.......s-..,en ,..F tz-i-rer� ue} in ease of need, -te establish, -regulate, and eGntrei a fire depavtment a�.divisiont _t ireqi4late the 91ee,Fflate-ra.-ake, -arid- PenetEttctien--ef buildings, f.-nees and et-her--strpt-ares h -ffianne-rr-as the p"Iie safety a-iiC�-4�6t2�-ni e e _-_. 11gri at - -� t h . ` rEi =c��7�t Fr , ; ah ---weeder h. j , d:inr.s_-m-Y met -;sem ee,- s ,.... ed_ r-effie ed, added r te be ed Page G of 115 �ubQIItt(_'d into tho public r©cord in connocti n writti item �� on ° L U Walter Foemkn —��bi i a -a oars �a seg TO rev cue € eeare, supper-r.,_and a tanee ef arphan, depemdent, del inguent , oma- pie ehi 1 ealre .;-a d-igent-- -semis-- (-t-3--��b-amie�;� gaa age:� and , ; ti., r -(e i—sera true e - era i r� s ti t fi s - Te -provide -and - i ; inside -er eut-giAe-the e-itp - e#ar�;~a��e; et�at 3-ir�; esrreet�ve ;--acs-�i�te-;--e• ��o-ne-:- tai -:-mo �i_de-Eos t -he reeelatultis,e-prevent the ietreduetlen-afrd--ea e� igg t-ke eity e€ anything -intended e--whieh is aa,,, t .,... � cende 9r otherwise d thing--w-j;t�elat te its -ewner-, V:e preve. the iiieduetien or spread of ee+Rtagiees e----inieetious •t-e---p•-eviAe-a•id regulate-heegitaI-sEi;neide ers euts'�the e4: t a -tom,--ee€arae t -#e- re neval e- peers ns a F, i e e a with eentagious er efeetieus diseases to - espitals pEevided der theme te€ems-- the -engazatien of depaFt n bureau e� to b M rir z a-ge�.a•��e-g•��d i �a•i de-e3•-•e+�-si • s-Etc� qu!atieno- against -eeiitagieue Ei6eases l trr i tom,.,e vele e f : t a l -.t i-stieR .d -rte-hs--aiid- deaths a'.;d p r- ev 4e ohe- - -{;v�---�-r�a�--s€ dead �e-ae��•e•-rear�rege= t • ^ ' -' -•a� eeteide t- e--eiityw by p�e.hr tar-a-therwise, -te-be meed, kept, a :id e farr the inter ent of the dead; -to and -ee€ereea'-a�-Piveeasavy rules er- the-pretee-t ieii and iae- t ie �-he burial and -di•spee i ti ems- e€ the -dead. :--'F9€3- d i vi s i epaw x -911 -arm -I a iota n a depar-tfe-Rt--G* �r (i3f fleting or a3 ;retaining—the geneFa - wei €,a--ee-€e rt , edea t i ef* , merai s,peae e ,gamer-n-e•r�t , 1 its, tZe ce eree, er indastvy e€ the eity or- it -9 h b . - Fit s Page 7 of 115 Submitted into the public record in connection with item or) $_: 4- I 01— 840 Waiter Foeman City clerk R 7 m i_t-a t •1 on open a'l�.� TZQfegtilatiens neeessary-e* int-_ rzhe pew L-9 eenfeaq-ed by this ehar-te:r er by any law; a -4 -t-q PW_ de and pena36les €er the =Arse^=aced: re y-- by. -T tie net emeeeding f4vede.11are E3 kE-z--vie. -Ie s- o s the -e rty - f e --a fe iii{--iie-t—e x ems- . --bet-h-. Agd-i-tor-12--nate—The user-,& atten�.-d:qn is d eted te 6aw&--c�4 r -l " e t-i- r-lZa : . C "7 _ O C7 ... h l .. rl�rl ..-. 4- T .-. t_h •v+ `vvIume a -s, a -3-t.11 •"- = _ _C_. P_ --ego taalFB$ tom'i--- dt ! !--}Y'v�a-"r03�f3 J � -2 Ly Ti'ti Ti f and fim t; he amt$ 9f such ,_;eenses and the takes independently of gene -r -al a ate revenue 1 we. •*Ed�o�s--rr�o�a �'�� _�� • ti +. ..,•� ..,-�.. �� a,-; .,, , , .,.ase tax, the 4:i se i' 3 (1) ( b ) eaieo�- eixlae plan, -,ra mr- in uu ` le ESE ei-tal T!-, ade Evc�[cir QE33(3i�-- 4pa.1-}c�6e�flL (� f--[' E3F! ^.� �'�'.v 3 Oil i- -i6 ^e'"e�ccc--Ya-iTikli�-2 C11 �c-1 bear -0 f-- ee e ' , t , _, _ ee S t - a a ~ e--e_*Rd 7 ' .3 -es between a ...., ye a- 7 �e}9E3�' �-vn-zzi eye �.:- is-c�-s:cr-c...r _ _ i - - - - �d --A ,-,-.ref's- • O �' E3 �ei3 3'.,,_tte by i �e--i leense--and ",tiezaft eger-ate Ave h lt. a .,+-Y� .Ia-te � the heig license and—register _ ^, = def— Page 8 of 115 Submitted into the public record in connoc on with Item ,� ..._. on`4�or Waiter Foeman Puge 9 of 115 Cubmitted into the publio s record in connection with item _L_ on 0 - - o t Waltor Foeman City Cleric t-rZspei--t-a t -e , -ter peoseselen e f .. , s e h - , i e _bene�s within the lifnits ef the jr ,a e e .- h } -�3 {� Cj-.--e1��--fie i =p / yK: yTe i j withinthe LiL�.C�� S�`C-�-e-1 LL�y�f3 the city Miall ie -a --iii s4.11�e-ua-�-�L: C tra adept all �+d -__e_ McGes_-_-Jr CC7 enferee same-. lens and b`7... 7`a.-G7 h d"s "I "Y`T ••`-I $ -ax: �r��t�j�---to- L -Ei veh--ir,��-©i Te iieense;I-, -t-ax, -ander-�-=��'_��e-�r-a€-1'ie-etre salea- open the streets, ;,dewa" ke, a"a- regulate, r.,h;bit h,.�ker-9,-peddlers,-er99&111 tplaln / a , �_„ and - e-�s�i ect� a },a��:: , ; i lie 1. . � r_ e 13- eease_' , e ete , eentrel, tam r-egalate, er--pr hage�s-,- ;uses, and ether-VeMelee, vers�; fix therates to he ebarged-for- the -earr-��-pe-reeiie err--preperty i side the -e t 6o -pro; �Q�= =-und-- eg Sate paL-k n _ spa eo--en----th at-r..ets , to uir-e- az, vehieles a Lage ersens er Fre ertyfee ha. -r -e --fie ei-eeut-e---a-bend te--b e'�-fer---_ - of e y=-Whiek may b nj .,,a r damaged by �w r ,t, of eh e: , «�, - --,m .land •- -t'--` aueh 9,d - - fer-- p r. -e t e -=b --e- fur-ei. s wed byall vehle-1_"_--fer hi__ =rexati-ng---upon W iGit- ie-r---6i3eh eper-at-j - -i e whelly the within the -e3-ty-1-ifft4r i'6 or bet -wee -n --the ar3 "re --eu-t-deer--1:,�,,s; gate -aid t e .., , .. reasen-.L., �i admi-944-17en fee for 4444--R ' T t �eve�a LTi o_- the pert `v T�zc�.-.'� sh-1pping and "a'�n f .. , t '+�. t.r, enetruet aEehase, / ae, a n t-C3--equ --leaee,--8i t,. s e mu-l--t-�. p l e ' t r ate- :1er-lines e f� -a-i l way , -a as well. as yards, terminals,tiatiens,--rvareneuses, t,-r�-aeke , —pwzlc eines , t awneui_ s � � r and etheF --and ., a l h. tom-] d 4 -�s- a�c� r u -rt-„ a .]e ieappropriate R__ - en . er w-i.t-h €er-- the heuei-.zg,-�i�-f3;'_= -vy of f r _ � .n �7 passengers, — , �g h t- _. Jam, _,- — / / r, - m�+ a f ri • Jn/—/ L Lei -i and net dist--ant-fnere-4h_n 911—de ef the ei I " l c, s -nervy hereafter- - - - t ' t a d . a A ,—ti�-'-4 ` 3i—oi�L�� W ... 1. -1-4.-.es er faeilities, with the , f *� Puge 9 of 115 Cubmitted into the publio s record in connection with item _L_ on 0 - - o t Waltor Foeman City Cleric GGqPA1CTt-- e rte. e ,-�- � -4 n e s tom --£-atm �-i ee -o€ s i ng e -r perm-ian new er- hereafter by the--moi-Y-; �o p- --iae e s a -ice-144i-e e r lines a€ a io to y --a poe -e -a iet g }�e pubI4-e- -ghwa j s , er Lei lands er easements new-ewned. e h e ^ f a e., � --ed the r-e€a - 1 oea eecl in any part f said a -red , - u-r-enaq,4,_ , een ddemna-t-i-ef ; -e ether -wise all !an - ere€er; -aid te-eperate e=--eause -te---be epeira - d- aa -id line 9F lines f-v^eii-t3ee, er-~cv-wee grants the-ese of any part -thereef--U ef a- Y pern-3e aPl _t��enaat-therete, new -er- terea€ter ewed by the er- , n eax-r©r-web-t- i nd--+epee sued to rigsas --- m��re ei t eemmissien by erelinanee,'--pre c ee .. w eveYaz- -ne erdi- a t ant -s all--beeo e € feet }ire -e at i l appreval therreef by a majority e f ----t: he ...�voting thereen at a -- genera! -ems apee•ia-l: eleetlen te l�e-eaz_ed-by the eity e_...Frr -netf rzlzsc^iz-i- 1i-sha�z—iSab• publish d in a-Ine ti )ems published is l the a :tz --fes_ twe eenseeut-'.- weekzs. -�3�--Gac3ned}--inn -o dinanee$-]9:2 0 a-"Gede of G"' -di-nraneee- e€--the-qtyPA to single erdinanee t-• adqpt mie1� �Izz— -e e- Of f I-Zhe C.r Zy199 IIA"' --a3--a eefFplete-Teves.-Sien-ce the =3�g-i3i3� appi-Jea-le eede --aM erd€nanees en t4e--a-t-ems€-- s� -sueh eerie ems- ar-dinanees, re se --i-t✓ a-nd- eod4-fry�-er-r+eeedi fy i t ,, te, adopts - eeeh e-' eed'-a-by a-s3:ng4:E' erdinance, te-have - the --1t e1l erk emereise-.he pewer ai, d aut e= �t _ te, ed any �a' apted�; gee and-asa�gR ger--seetie numbers --and hea 'rage Ia-vax-iOU-8 part e€-sn�h-a iea„��e,-gid �a�-t Terea€te ..►, MIZO=# (.4ns shai --be-- --i - _-fes rig-oe--o, eh ,-a; „ r -a nsr-'Fe o , ; ,. ti -tom tea -r: -?-t a llia trEtrs t_ tUnd-1e3-i e xe a ee-a td-- srr anee-Trust =rt€or-the pu pese -e€ fie e --o€ the it y , tr e- disburse tones -from said --€ujiq.d--6e aeeamplii sh the-- erpese$ o€ the sed€---n-eu-r-a_nee-zr insuranee gramt- to aicit h rizein4-lien in said fizmd -s€ iii©iia v-zivetiheLc funds previously a -ted for --the e-o-€-paying-premo Ire-xedur,a tee earriers e= mer "e puvpase of paying- zab -i ' ty-e"44"e and ttdgriaeet -fie eatab11eh a ---self ins. -aryea and _ �---eefam-i-t -;ee eempesed-of- three ...,.. eappeiRted eity-ma-nag e r to admi-n� etei= the as d -€and and te veeewme-nd Page 10 of 115 St.tbriittod into the public record in conneclion with itom ..�_._ on 1� ` - Ef Walter Foeman Clerk to t -he lty y -the affieufil-v€ reae.'Eve -to he -fie corrcxi�c•.t$d-€off-maiZc�e a ee e€ fund. 444-)-A! -(4-)-A ; ,per o and landing a e qui-rtc, — -pu r-ehas e , lease, ,--eendem�ratian, er atherw-ise, lands i-r3sidam--ems eutside the eil - -mer-tree--ass-landieg- fie lde--e-r e -i ge~r-t-s ; -steer preper-ty--et---the ei t -y iseehim.prevements- as mai"-b. e neeessary-t-or thatr - f ei ; t ea,-te-previde "lee and vegulatiene geVe-r-R*fVq their use a. the u e af - e a -no -o-€ _. ra - , An or r the -oma; eentraete--er etherwise eeeperate with e6her gevme enttieQ-ems to-geneo :L -n ---a34 matters relating to--sueh aeiitt=es, at-herwise--t-e eiEeLceiee sueh may be P-4 11 sueit-e$�a3Q--A shffi nt, eperatien, mzd- airit-encinee; to -levy taxes f--�=r any suerunless e �T:-icy- s13a� h a-ve-been-ae su i r -e d by -4 -ease, t s s uebends--t- - ay---t-he Best -e€ sueh faeilit-ies;--a: -to-g geed er-dediemote 3 andt3 y n1F3-th @r —4V3 L I.Q46Uc—e6z^rc^m-`--,ei'a 1-0i3, ce-et-he-r +neatal entities--€or--use as landing f ie--d-s--o-r aim -pert s—r--aws e€ Fla. , eh. 14234 'moi 9� 4 (mm) Building and zoning: (i) To provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number of stories, method of construction, type, and size of buildings and other structures; the percentage and portion of the lot or site that may be occupied; the size or the front, rear, and side yards, courts, and other open space.; the location, use of buildings, structures, and .land for trade, industry, residences, apartment houses, and other purposes; and the widening and future widening of streets in zoned street areas that the city may establish. Such regulations may provide that a board of appeals or the city commission may determine and vary the application of building, planning, or zoning ordinances in harmony with their general purpose and intent. (ii) in order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Page 110f 115 60MI ed Into tho public record in connection with item �_ _ on AL. - —6V Waltor Fooman Ci',v Clod( 01— 8410 Biscayne Bay or the Miami River from its mouth tc the N.W. 5th Street Bridge, (A) which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot- depth), and (B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width. (iii) The above setback and side -yard requireme.-tts may be modified by the city commission after design and site -plan review and public hearing only if the commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. (iv) These requirements shall not apply to docks and appurtenant structures, single-family residences and appurtenant structures, and waterfront industrial uses along the Miami River and at the Port of Miami. Nothing herein contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight International Center and hotel facility, including all improvements thereon, or to lands and projects which the city commission has approved prior to September 1.8, 1979, by development order pursuant to F.S. ch. 380 of a planned area development pursuant to article XXI-1, city of Miami Comprehensive Zoning ordinance or which have received site and development plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972, Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 2.0, 1972. to or-eGt andaddtop„ -.-g- 1}1E3ney Jnr the er9truetien, a ---_; Page 12 of 115 ,Jt.bmittod ir�to tho public record in connection with item __L__ Walter Fooman City Clerk and ^`'her- ev : denees e€ -indebtedness, and teseerr-e-the same by a meyt9 ge..iapen w the bia4:161 figs— said buildings ands --he may be ]:ea ate te--dge---end a . -a h pe«.hee,te the net da ; pie revenue, after- t#e-paw., it , eperating expenses and f ed a ^es, 3fiel ud-JI-mere-& on—the-debt se erected -and- .--a-11-etherreat -_ed-4-n t:he -eGnrc-moi- of Sueb--biii1ding .., , z� �, .a^^ / pledge and hypetheeate--the -net -revenue de -peel-f-r-omjeeh bu3 ?ding -eke-they at --and, e -I €eE 1 -he iut-Peee-of see�:ix-gig the--epayment of menet -ba -r..we to -be teed in su I eenatr�ietien;-i indebtedness seeuved eerc3fieates of isy-tome net r-eeei-pt9-frem the--uee-er rent a 1 -e f the -buildings pre -Bent - exist -Ing buildings ereeted er to be-ereeted f-erm publie-pu ldot-wi-t tafidi ng the—.9 re993R9, ne tax shall ever- be Y-c^-'v"zeEii-ner mangy taken fir � g ewe ra3-��,,, ef--t-�e-eity fer-- the --payment e€ —the indebi-edne-ae aid -t -hi _ —f3e e t i e n WS of Fla., —cn- Tsyo+ cm4--Re bet-r-eW --efieJ fer the --ger-pesee- pr-evi&6ng an adequate waterweAes systems;-g:neluding new -.gate lines, nd-€er-tee ptt�eae`-e € repai-r 9 extending the e3E4:qtE.5:ng -wa ter -we rks system; - t e -3etee-end ce-t-If3eat6es e€ indebtedness, and te seei;tre saw a sigr4merit e€ -all net yenta1e and net revenues, after the sated--wat - er-tiers thereaf, unt- -1- meneys es-bermsewed shah have -been --fizilly--- 9 tqaqe iwat .___L=weLa mer -eat-- te- alceaa3=;r-repaa ; a .. pledge . net reveeae el ele,-.A::ved f rem said system, , unt i i--na d- eney- sbal 1 stave -bpi ndi g the f taw -ah 11 e e� be-��:zor-�anavTr�den ex d e to Frew the geaera3: funds e€ the eity-far t'e payffient af the _l• Be ew 'ng she ra t e, -Ga- i ea,s e TO r-rew -Mm ney---€oma-the ' pureha-a4 a iflifig, ; eV I asing ieeal---publie tit- iitiea, nelu ; ng-etr-eet -railways, e1eetrr e light sines, and equipment neeessa-r}� €er- 9UPP1`>-rig the eity and its, inhabitants with transpertetxei" , ; , , , nati en, pa::2xr,--Water , ee , -.aid-gas Page 13 of 115 0ubr, t;twci ;fico Hic., public record In cormo-ction with ;J ',fi 840 Wn.1tcr F'oornan (:.;tv (;Irmic te prby.G - - •aseR hired, ma i -n L -a -moi: epe t -e , - to issue t r-9—is-e- Retes a eer i f i e t -es r f ,ideeeing ems- the - ndebt_e indebtednessG7S i'v 4�zsc�vi � .tea a..wa. �r.si er-eated 6y the berFaw*ng of said meneyt eei-- pledge -aim hype'--t-he--ret-r-evenue, a- ter- the=iia• .- of > > s epertating epees an' fixed eba�ges -eluding , eez on the debt se e, -eat.. -a .,a all e-..-- _..ed fer th ean-v~c-sy et -le, a e -Ires, - derive -d- fzeni--t-he-6pei3--9 sueh---pabiia-iitillties ee eqnstrueted _ er- ine��u ebyerrue dez lye f -r -em r -a .-!waw--eIee'- telephone and -t...' -meg ap �s-t ,.,t nd , er--, __e, and gas plants; t- - e BUeb netyervenueall have -use -n • .l t- . ; t. 1.... t „n .-i d - -- the reqeinq, fie t- .. .. l-. a l l eavebe l eivi ed- -ner-rite general-- funds -of the city 99E the payTAenof t --he -{qEj}--_.&g_i_Qtr t., 033-tina voting Te--pr'eseFibe by ordinane-t--he J of-veo en6-Vie a F e zda r-tome- t—•e_d—oGeele.-i-1eld In she eyy �d W weeits ; --and- te-- rese be- - man=e -the Afne €a� --r-eg i. -s t ra I--- een-r—fie - and prroea7 raeeras, - and- the es,tvaiallshment of -r-easonable r �e6 dei _gig-- i ---a--13aW--Per-GeR5 beec3Me-d4:6q:U tied to veter as well as t-he-pxeeedure €ems -the removal from the eg a€-Jen---reeerds --e€ the names —of--Persear-rrs---rye e13 ems, - Page 14 of 115 Submitted into flit public record in connection with �...1• _ g o Item _J__.. on=.�,.=0 I 0 Walter Foeman CihJ i": w.k F a r �. - e ~Mies se-een s t rue tech-;- err #,ase; hied a ; „ d , -i-f3debte nes a - he eK serine -oaf the indebtedness etd by the bb -------wing of said d #ypoea t e --the netwee-r-a 1l e- pair ent e f alleperatrin --eX d Faae,e ehaEges,___ei :`a _..--_-_,.. an the demise eveated-and --all-oar- =ems# erea�ed-��o�ie eene t rue t iene € seeh wo-icks , derived-€rethe -eper r -e€ sueh-pebl}e-tttizities se-- eerie true teed---�r--pe�e�ased� r�edieg----net t}e-de€rets s eh-stree;~ railway, eleetrie-i}gh-r punt, telephone -and te-el as sirsterg-aed-waver, ae-p, arta; z_e-,pl-edge--f3� net rebs --tom- to -mese, . se be -,-,.wed shall -haAFe-been €uliyr-repaid.�ietw}t sea i g-tie-€erego4:nga-t-ax-5hall ever ;e levied Herr FReney terse« ei"-tliirzn-edrretrr-the gcnez-i €monde -e€ the-eit F= the---payweat- of the _ --_e_e_-_J---n-,- reg-istt=atien a F�-0I.-.-E) are EjUa i ed -«de r t-he-1-a'W t -e- in ate preeinets; and be pieser-ibe by-erdisanee- ewe_ ;m� 4 -Gr 3 -3� r� iei�Tt e raet ed -and -pr9 Fn A d i£e -e f eg 3 6t tea$-iaA ; the establishment and ieeeping -e£ -the-. registF-3-r-aen reeerde, and-the-eeshment e€ re�se�abie-- des defining Wiens- beee e -dna, ,gid- e ve6e, as well €er the nems from the even—== enaRies of d i__Gqua-1 i f i e d- Page 14 of 115 Submltt�d Into the public iters record tIn conn©c�lo� With on Walter Foonian Cita,/ (; lerbt 01- 840 e emmi-e e1 -e11 0� .ora-rr+^eT""�"' ; -parr-�-e- ode � e4—� 3G � yam_ h��u��,ment- Page 15 of 115 Submitted Into the public – 8 %10 record in connection with Item —I— -- on e- q - n i Walter Fooman -mer --persons Te == = = i-ee poi-i-c��-� seire�ien-}�:-a��2e--��--Da��--�=•tib-;-1�1-4�=3-da ; G rany c;_ e-- legally ta-iEet3-i-nte-ei: dy--hy the e `_ --t per -son rem-er to the eerpeFate iiwri s eE- said -eity, e o or- from-piaee in Dade-£etuff y, Fier da; to retake in Dade , le -'da, without Q=waF a zt aii brae c a —e-ueh ous dy, - ..d te of e__ , 7-eity or , e ee —.1 ., t ins -;ram r-espeet—te swee. persens wh i l .jj�, ueh she . in �laee-Dade-6�-r lerida as if the said ..telly waa eek -w t h i t h A _ a te--1-;,I t s- of tl4e-e i tY. —'�-�-1=,�-ei�}f�—'vz^svcc-"siYia�vx� cv� =�'•6 � ��g-3'26 daeger�� t-e-the--peaeyesafety e she eity F=_,ee rig to - d. ' -�e"sa'me t a - i Ge er--Vessel -er the ewner-s of any e9i- - e---=e•%-briHg-iRg-sueh per -son y a e k tom,—the r--- � �-�� pe�Bet�--t-6 t-tie-�.-t h..,, whenee-----h-e was- -b a--eugh t, or- —ter- - i n t e— end---w--t-k2 -a1 e-te e3TC., {ter }-�J ars Renewal Law e€ tie O; t - �--Mi a,m.i M4 -tor -Ls --note 4+e-de$a-3: 6%e-nt•- a€-Re-ighberheed--_ -_" _ ; ~ en of r -he C-ity ai d&i1— 23c -ire., invelved therein-weve ..be ;$fed puL-sua n t x_ e— amu•. Ne. —1 , -a de t e July 1:7, 1 -96 -1 --and ef2- on the date ef trans€ey &f ead depar-Tient--t-e---Bade Geu- di 94 �--ire- eity, , S 3he�te.r. a = - Ari��crz�—i Jo . 2, effc �. —d ve Jan. 1, 1963T--i-s $L O r tt2 Sec. 4. Form of government; nomination and election. Page 16 of 115 Submitted into the public 01- 840 record{n connection with item l on� Walter Fonanan (a) General description. [Gemmeei g --w} t=h t= -he mater !99q,l The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the "mayor -commissioner plan," and the commission shall consist of five citizens, who are qualified voters of the city and who shall be elected from districts in the manner hereinafter provided. The commission shall, constitute the governing body with powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all powers conferred upon the city except as hereinafter provided. The mayor shall exercise all. powers conferred herein and shall appoint as provided in section 4(g)(6) of this Charter a chief administrative officer to be known as the "city manager." (b) Election of mayor and city commission; terms of office; recall. [ a-yer in 199rye] there shall be elected by the qualified electors of the city at large a mayor who shall be a qualified elector residing within the city at least one (1) year before qualifying and must maintain an aet l-and-r-eAi a residence in the city for the duration of his term. The mayor shall not serve as a member of the commission. The city commission shall consist of five members who shall be elected from districts within the city numbered 3. through 5. All persons desiring to qualify for commissioner shall file in the district, numbered 1 through 5, for which they are qualified as provided in subsection (c) of this section of the Charter. eemmIaBjener in dist=iet--niim erect— 1 —axe'=a1-1-- t? egeted -a-t the -ge- .., .., ee -Jen to_be held in the .ter—.g-7 ,ted sural-ee-rVe for a tw_ ;fear tercet --Commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 1-9-94 2001 and at [e ] the general municipal election or runoff election each four years thereafter. Commissioners in districts numbered 1, 2, and 4 shall be elected at the primary or general municipal election to be held in the year 1999 2003 and at [eal the general municipal election or runoff election each four years thereafter. The mayor shall be elected at large by the electors of the i-i^� e—g ar- a-s�._2 t' tY. 1994 --and 99'7 _ r.d 'yam_, city ____ �-------_ -,-fez,-��—ire—year--T� gerrer-al ek et }c a -eafeu-r years .__ and shall hold office for a term of four years. The mayor and all commissioners are to hold office I �i a zes;�ers ,a-rre �'_ee6ed an '' if ed] from twelve Page 17 of 115 Submitted into the public a record in connerin with 8 11 0 item _..L_...... on Waltc^r t ec3m�tn r'",, (`Inds o'clock noon five days after the canvass of the vote and the declaration of the result of the election for the latter of either the -r general municipal election or runoff election and until their successors are elected and qualified. Commencing with the election to be held in November 2001, and all elections subsequent thereto, no mayor or city commissioner elected and qualified for two consecutive full terms shall be eligible for reelection in the next succeeding term. The mayor and all other members of the city commission shall be subject to recall. Vacancies shall be filled as provided in section 12 of the Charter of the City of Miami. If a candidate for office of mayor or commissioner receives a majority of votes in the pr-imaaF� general municipal election for that office, the candidate shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as hereinafter provided. if [t -here be] no candidate receives a majority of the votes for that office, the two candidates for nomination to the office of mayor or the two candidates for commissioner who received the greatest number of votes in the prifnary general municipal election for that office [" each 9E9,p] shall be placed on the ballot at the next gu=ar fflunieipal runoff election following the pts general municipal election. as provided in--seatien 7- of this Gha-mer. The candidate for nomination receiving the greatest number of votes in the runoff election following the general municipal election, if otherwise qualified, shall be considered elected to the office [ ] for which the candidate [3e] has qualified, Any bent--eONE desi,-,ice!]- to run fa -eh--- Offiee-0f mayarS-a-p�-e$ pr -ate- i. r-:Feveeebl a Eesignatien a€ -e -ee tm i g e i est e -t e the e,�I e_ :~ori s a i e n i133�ety ,a yeprior-to the date of- eleetien, ':;he4--herprima-r- 6 - geneEa1, and said res .,t; cti.,n„-bee-1-M-1- effeetive-ars-tie ate eiUpe _ ____.-rt et $ueh i'esignatlen t eor m e e i �sr�-sha 11make ttneeme : of Cee ignat rapt—t he and ire t- e e 4--k- te- aeeept qualifi e a edidates te r -u €or eleetien-f-er-t-heterm tthe--eemi issieider' .,___._---== F= purpose of cann:kng =�E eked ander----tlie desireem �6yun der e, .,.,6lve of f i e ether than t-ke--mayer er eity eem then .,„de Pirsumstanees he shall- e be - - -1 - - - - - - fie$$ -and :=��e- has -bei. _ v e t e d -t-e Page 1 S of 115 Submillod Into the public R • recDrd in connection hiith 01. — 8 410 itern on 01 -man r; ., w 9 t h e r elee6ive f f; e . in the event that a�--ee mm -i s s i e n e = �-s Wit- d to--eueh- - e 1 eet ive- et -t4 ee esker than that --e mayer ei= eemmissiener, hea-1-1 upen his f , i--a€ua1—te do Se he - shall he d'-" -----= � - --and ous-peel—frem his ems. ee and said effiee dee _ ed vas n } , ma -a -crit the -rema-kn-ing members e€ the -moi . (c) oualifications of mayor and commission; mayor, commissioners, and other officers and employees ,not to be interested in contracts, etc.; franks, free tickets, passes or service. mer. r i H i-• t hr, 'i h� 1 n❑ 7 1- Com...�-:-•=T_,, .. _ __. _.z�4��.ia-e�f--Myer _#e Candidates for mayor of t€►e-i,t shall be residents of the city for at least one (1) year; prior --to qualifying and shall have e =alif i at -i____ c-=] be electors therein. Further, candidates for [memberrs—e€] the city commission shall have resided within the district at least one (1) year before qualifying and be electors in that district, and shall maintain an aefaual and real—residence in that district for the duration of their term of office. , emeeptr r. vr. -ra c rTrr a rc c c x 6i.—�' These e e!V6 eleeted if3 1T94 mei8 e$-tdc^—iis—_he —d4 strjet t iey- azZ--eleet-ed--te represent- aetua-1—and real Eesidenee-fer tie--du-•--t4en of their term of epee. The mayor, commissioners, and other officers and employees shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality. The mayor or any commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office, and any such contract in which any member is or may become interested may be declared void by the commission. No mayor, commissioner, or other officer or employee of said city shall accept any frank, free ticket, pass or service directly or indirectly, from any person, firm or corporation upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor. Such prohibition of free service shall not apply to policemen or firemen in uniform or wearing their official badges, where same is provided by ordinance. (d) Mayor and commission to be judge of its own election; not to dictate appointments by or interfere with city manager. G9mmA41ei-Rg--w i --h t lie -e i ee t i aR o f the m ayes -- 9 The commission shall be the judge of the election and Page 19 of 115 Submitted into the public t recor=on nnection with itert) Laffor 1=oeman City Oc?* qualification of the mayor and its own members, subject to review by the courts. Neither the mayor, commission, nor any of its committees or members shall direct, request, take part in or dictate the appointment or removal of any person [tel in office or employment by the city manager or subordinates or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry and as may be necessary as provided in section 14, the mayor, the commission and its members shall deal with the administrative service solely through the city manager, and neither the mayor nor the commission, nor any member thereof shall give orders to any of the subordinates of the city manager, city attorney, city clerk and independent auditor general, either publicly or privately. Any such dictation, prevention, orders or other_ interference or violation of this section on the part of the mayor or a member of the commission with the administration of the city shall be deemed to be violation of the Charter, and upon conviction before a court of competent jurisdiction any individual so convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court shall forfeit his office. Any willful violation of the provisions to this section by the mayor or any commissioner shall be grounds for his or her removal from office by an action brought in the Circuit Court by the state attorney of this county. (e) Election of officers by commission; reales of commission; Gemmene « �, t -he ee ; e f—t-hE_ The quorum. �,T,«a�g-�:��-z. commission shall elect a city clerk and a city attorney. i; lautl No member of the commission or the mayor shall be chosen as city manager or as a member of the civil service board or appointed to any other city office or employment. The commission may determine its own rules of procedure, may punish its own members for misconduct and may compel attendance of members. A majority of all the members of the commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (f) Meetings of commission; te—ay ordinance to be read by title only ora nmar-fQr-M Pad Eettmene-"J --=t'-" t -he e-l-eetien of -t13e maya --997, At twelve o'clock noon on the day the mayor or commissioners take office, they shall meet at the city hall. .N Page 20 of 115 Submlttod Into the public rocorrl Icannectlon with �' 840 itCM on Wafter Foe�r�:,:err Thereafter the commission shall meet at such time and place as may be prescribed by ordinance or resolution. The meetings of the commission and all sessions of committees of the commission shall be public. The eemffiissien shat evd' anee--er—,erten .,,, ti -en; and all-er-dinanees resolutions, exeepter&:naneee male" a-priations, shall be eenf .Feed t:e ene siab}eet whieh sh-RI be eiea lv _xCre_Bea .-._ -the t ice-%--3-heei aneea--fflaking--apprep~r-ia-t-ire- een€i te the subjeet ef apprepriatiens. N be passed -t-ha r a t e-dates-er- t ruirement of readings on t -we -separate day -s --has bee -n d4,ens end- ri ter- by a -f eu r € i f t h s vat �Y�e-r�embere-o€ -t 1 re __......_______. Ordinances shall be read by title only.--C-epi-ems of prepeoed erd-inaneee shall be -furnished to lbe- mage a�-each ofnmissieneF and shall be made available to all inteFest a!! FS az nes er EeseiutAens and entered upen the j_eUrnal _f ion, and every reset: tian shall: require on final passage., t-he--aff. vete-ef a majercity ef all- No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial interests are involved. (g) Powers and duties of mayor. [Commeneing with the eleeti. o€ Mys -n 1997;] The mayor shall serve as the chief executive officer and head of the city government with the following specific powers and duties: (1) The mayor may shall be the presiding officer of the commission with the authority to designate another member of the commission to serve as presiding officer. (2) The mayor He shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. (3) In time of .public danger or emergency, the mayor he may declare a state of emergency as provided in state law and may with the consent of the city commission, take command of the police and maintain order and enforce the -laws. Page 21 of 115 Submitted into tho public rocord in corino gtion with 1hani on Foonlan Ici/' U1.— Selo � � ceaFri (4) During his temporary absence or disability, the mayor hmss di e-9--shall—b` p, rf a,- e shall be appoint a member of the city commission to perform the duties of the mayor. However, in the event that the mayor does not or is unable to make such designation, the city commission shall designate a member of the commission to perform the duties of the mayor during the temporary absence or disability of the mayor be made by a four-fifths vote of the commissioners.then in office. (5) The mayor shall, within ten days of final adoption by the Commission, have veto authority over any legislative, quasi-judicial, zoning, master plan or land use decision of the commission, including the budget or any particular component contained therein which was approved by the commission; provided, however that if any revenue item is vetoed, an expenditure item in the same or greater dollar amount must also be vetoed. The commission may, at its next regularly scheduled or special meeting after the veto occurs, override that veto by a four-fifths vote of the commissioners present, notwithstanding any provisions to the contrary contained in the Charter and code of the City of Miami, Florida. Said veto power shall include actions pursuant to sections 29-B through 29-D of the city Charter. (6) When one person succeeds another in the position of mayor, the successor shall have the right to appoint the manager, subject to the approval within 14 days of a majority of the commissioners then in office. In the event of a vacancy in the office of city manager, the mayor shall appoint the manager, subject to the approval within 14 days of a majority of the commissioners then in office. The mayor may remove the manager subject to the commission's conducting a hearing within 10 days of said removal and the commission's overriding the mayor's. action by a four-fifths vote of those commissioners then in office. Additionally, the commission by a four-fifths vote of those commissioners then in office shall be able to remove the city manager. (7) The mayor shall establish and appoint the members of all standing and special committees of the city commission and the chairperson and vice -chairperson of each committee. There shall be as many standing and special committees of the city commission as deemed necessary by the Mayor. Standing or special committees of the city Pagc 22 of 115 Submitted into the Public record in connection with Item -L....._, on � P.L Walter Fo ,man oi- 840 commission shall mean those comprised of city commission members only. (8) The mayor shall prepare and deliver a report on the state of the city to the people of the city between November 1 and January 31 annually. Such report shall be prepared after consultation with the commissioners and the city manager. (9) The mayor shall prepare and deliver a budgetary address annually to the people of the city between July 1 and September 30. Such report shall be prepared after consultation with the city manager. (h) Salaries of the mayor and commission. Effective upon the commencing of the city commission term of office after the adoption of the increase in this subsection which is effective on November , 2001, there shall be paid to the city commissioners ofthe -Git-y-ef-- Miami, —F'Fv�i-daa;-by t -he -C'; the sum which is equal to sixty percent of the mayor's salary in effect on November 01 2001. Such salary shall be increased annually in an amount equal to the Consumer Price Index, published by the United States, Department of Labor in effect at that time. The annual increase shall not exceed five percent of the annual salary in effect at that time of f i*e theusand -dollars—($5 ,- `r. Such salary shall be paid per year for each commissioner, payable menthly in twelve equal installments. The increase in the salary which is effective on November , 2001 shall become effective for those commissioners in office on November , 2001 upon the expiration of their term of office. Geffimeneing w. th the_e e ti -e -n of !997 tThe compensation of the mayor shall be'determined by the city commission. (Laws of Fla., ch. 15344(1931); Laws of Fla., ch. 23401(1945); Laws of Fla., ch. 26022(1949); Laws of Fla., ch. 31000(1955); Char. Amend. No. 2, § 1, 1-1-60; Char, Amend. No. 1, 12-1-63; Char. Amend. No. 1, 12-1-65; Ord. No. 88-541, § 2a, 6-9-88/9-6.88; Res. No. 97-447, § 2, 7-3-97; Res, No. 99-613, § 3, 8-2-99) Page 23 of 115 SubmJtled 1110 the public record In connecden with 840 item __L_ ur, jc,-qN a Walter ru�m«rt (.';Iter A Sec. 5. The initiative. (a) Power to adopt ordinances. The electors shall have power at their option to adopt ordinances, **** excluding ordinances relating to subjects that would be precluded by law ineluding ar c a granting h budgets An -tai--programs, fees, rates --and ,.hargea axis --regarding salary or beteg"s o r_t.4►rm b-af.-o i� employs" and to adopt the same at the polls, such power being known as the 1,'nitiative". A petition meeting the requirements hereinafter provided and requesting the commission to pass an ordinance therein set forth or designatGd attached shall be termed an "initiative petition" and shall be acted upon as hereinafter. provided. Any five registered voters may commence initiative proceedings by filing with the city clerk an affidavit stating they will constitute the committee of the petition and be responsible for circulating the petition and filing it in proper form. The affidavit shall state the names and addresses of the members of the committee of the petition and shall specify the name and address of the member to whom all notices are to be sent. The affidavit shall set out in full the proposed initiative ordinance. (b) Preparation of initiative petition; affidavit of genuineness of signatures. Signatures of 1.0 percent of the electors of the city registered at the last general municipal election are required for initiative petitions. The signatures need.not all be on one paper, but must be in ink or indelible pencil and include the printed name and residence address of each signer and date signed. The proposed ordinance in full should be attached to the petition for review of the signer. The circulator of every such paper shall make an affidavit on each page in substantially the following form: STATE OF FLORIDA } ss. COUNTY OF MIAMI-DADE) being duly sworn, deposes and says that he or she is the circulator of the foregoing petition paper containing signatures, and that said signatures were made in his or her presence and are the signatures of the persons whose names Page 24 of 115 Submitted into the public record in connoF�;a with Item �� __.._ on _.�P. I 1A1,Jtc1* (=ac�rnan City Clerk U_ 840 they purport to be. (signed) __ Subscribed and sworn to before me this day of 20 Notary Public All papers pertaining to any one [measure] ordinance shall be filed in the office of the city clerk as one instrument and shall have written or printed thereon the names and addresses of the committee of the petition [ate- least 5 rreft-e-red Y -o -ter -s1 who shall be officially regarded as filing the petition and who shall constitute the committee of the petition for the purposes hereinafter named. (c) Filing of petitions. Within 20 days after the filing of a petition, the city clerk shall ascertain by examination the number of registered voters in the city whose signatures are appended thereto and whether said number is at least 10 percent of the total number of registered voters as shown by the registration [beelk8] records. The city clerk shall attach to said petition a certificate showing the result of said examination and give notice thereof in writing to one or more of the members of the committee of the petition. If the number of signatures supporting the petition is shown to be insufficient, the petition may be amended once within 10 days from the date of said certificate by the filing of additional signatures. The clerk shall, with 10 days after such amendments, make examination of the amended petition. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. (d) Submission of petition to commission. Upon ascertaining that a petition is supported by a sufficient number of signatures, the city clerk shall so certify, and he shall submit the proposed fie] ordinance to the city commission at its next meeting. Upon receiving the proposed Emeasure], the commission shall [at ewe] proceed to consider it and shall take final action thereon within 30 days from the date the petition is certified by the city clerk. (e) Election on initiated [meas- -esi ordinances. If the commission fails to pass the proposed [measure] ordinance, or if it passes it in a form different from that set forth in the petition, then the [measure] ordinance shall be submitted in Page 25 of 115 Submitted into the public A J. _ 8 -0 record In connection with Item Ion 6 - U I Walter Foornan Ci V C13�rrk its original form by the commission to the vote of the electors at the next election occurring not fewer than 30 days from the date of the final action by the commission. If no election is to be held within six months from such date, the commission shall call a special election to be held not fewer than 30 days nor more than [4-5] 120 days from such date. (f) Initiative ballots. The ballots used when voting upon any such proposed [mese=e] ordinance shall state the substance thereof in clear, concise language, without argument or prejudice, and shall provide only for a vote "for the [measure] ordinance" or "against the [measuFel ordinance". If a majority of the electors voting on any such [meaeuve] ordinance vote in favor thereof, it shall thereupon become an ordinance of the city. When a [tate- s r -e] ordinance proposed by initiative petition is passed by the commission, but riot in its original form, the [measure] ordinance as passed by the commission shall not take effect until after the vote of the electors; if the [measure] ordinance so submitted is approved by a majority of electors voting thereon, it shall thereupon become an ordinance of the city, and the [measure] ordinance as passed by the commission shall be deemed repealed. The following title shall be substantially the form of the ballot: TITLE OF 4MFA76 WITH GENERAL STATEMENT OF SUBSTANCE THEREOF FOR THE [MEA84JR-E] ORDINANCE. AGAINST THE [MEASURE] ORDINANCE. (g) Number of (moasure I ordinances to be initiated. Any number of proposed [mea-surres] ordinances may be voted upon at the same election in accordance with the provisions of this Charter. Page M of 115 Submittod into the public record in cortnee on it 01— 840 ROM ...jr...-. on ff q Waiter Fest-mu.1n City Gler1c Sec. 6. The referendum. (a)Power of referendum. The electors shall have power at their. option to approve or reject at the polls any measure passed by the commission or measure submitted by the commission to a vote of the electors excluding measures relating to subjects that would be precluded by law. Such power shall bei known as the "referendum". Measures submitted to the commission by initiative petition and passed by the commission without change or passed in an amended form shall be subject to the referendum in the same manner as other measures. Any five registered voters may commence referendum proceedings by filing with the city clerk an affidavit stating they will constitute the committee of the petition and be responsible for circulating the petition and filing it in proper form. The affidavit shall state the names and addresses of the members of the cominittee of the petition and shall speciEy the name and address of the member to whom all notices ILre to be sent. The affidavit shall set out in full the referred measure. (b) Referendum petition. if within not less than ten days nor more than 30 days after the final passage of any measure by the city commission, a petition signed by 15 percent of the total number of voters registered at the last general municipal election as shown by the city registration [beeko] records, is filed with the city clerks requesting that such measure or any part thereof be repealed or be submitted to a vote of the electors, that measure or part shall not, except in the: case of an emergency measure, become operative until the steps indicated herein have been taken. (c) Signatures to petition. The signatures of the 15 percent of the electors of the city registered at the last goneral municipal election are required for referendum petitions. The referred measure in full shall be attached to the petition for review of the signer. The signatures of referendum petitions need not all be on one paper, but the circulator of every such paper shall make an affidavit that each signature appended thereto is the genuine signature of the person whose name it purports to be. With Each signature shall be eked be .in ink or indelible pencil and shall include the date signed, the printed name and address the p -gee e f Ee s i deme- of the signer. All such papers shall be filed in the office of the city clerk as one instrument. A referendum petition need not contain the Page 27 of 115 Submitted into tho public record In conneclion w1th1� 1 _ 8 r1 0 Item —I--- on Walter Foernan text of the measure or part of which repeal is sought, but shall briefly describe the ordinance or part sought to be repealed and such measure shall be attached to the petition for review of the signer. The circulator of every such paper shall make an affidavit on each page in substantially the following form: STATE OF FLORIDA ) § COUNTY OF MIAMI-DADE) being duly sworn, deposes and says that he (or she) is the circulator of the foregoing petition paper containing signatures, and that said signatures were made in his (or her) presence and are the signatures of the persons whose names they purport to be. (Signed) Subscribed and sworn to before me this 20 Notary Public day of All papers pertaining to any one measure shall be filed in the office of the city clerk as one instrument and shall have written or printed thereon the names and addresses of the committee of the petition who shall be officially regarded as filing the petition and who shall constitute the committee of the petition for the purposes hereinafter named. (d) Certification of petition. Within 20 days after the filing of the petition, the clerk shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether said number is at least 15 percent of the total number of registered voters as shown by the city registration (beeks] records. The clerk shall attach to such petition his certificate showing the result of such examination and give notice thereof in writing to the [_ _eulater ei eireaiat -a of -the] the person designated to receive notices by the committee of the petition. If the number of signatures supporting the petition is shown to be insufficient, the petition may be amended once within 10 days from the date of said certificate by amending the petition by Page 28 of 115 Submitted Into the public , ron,ord in connection with 1wril 1 --on Waller Fo,cwnan the filing of additional signatures. The clerk shall, within 10 days after such amendment, make examination of the amended petition. (e) Referendum election. if the petition is [be] found sufficient, the city commission shall proceed to reconsider such measure or such section thereof as the petition shall specify. if upon such reconsideration such measure, or such part thereof, is [be] not repealed or amended as demanded in the petition, the commission shall provide for submitting the same, by the method herein provided, to a vote of the electors at the next general municipal election occurring not less than thirty days after the receipt by the commission of the clerk's certificate, and such measure, or such part thereof, shall thereupon be suspended from going into effect until said election and shall then be deemed repealed unless approved by a majority of those voting thereon. [A�] The commission by a four-fifths vote may submit such measure or part thereof with like effect to the electors at a special election to be called by said commission not less than thirty days after the receipt of [said] the city clerk's certificate. (f) Limitations on enforcement of ordinances. No measure shall go into effect until thirty days after its passage unless it [be] is declared in such ordinance to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety, or property and the 'measure being passed by a vote of not less than four-fifths of the members of the commission. [But] No measure g—any }blit—=itmere—o= amending or repealing any measure adopted by the people at the polls or by the commission in compliance with an initiative petition shall be regarded as an emergency measure. (g) Form of ballot. The ballots used when voting upon such referendum [ ] shall state the substance of the measure in clear, concise language, without argument or prejudice, and shall specify whether the measure is being submitted for approval or for repeal. If the measure is being submitted for approval, the ballot shall provide only for a vote "for the measure" or "against the measure If the measure is being submitted for repeal, the ballot shall provide only for a vote "for repeal" or "against repeal". (h) Emergency measures. Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall riot be suspended from going into effect while referendum proceedings are pending. An emergency measure subsequently repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance with the Page 29 of 115 SubmittM into the public record in corir►��c tion avlt on _� �J:. 840 Waller t=o(.,1njan (';i`:� measure previous to the repeal. (i) Conflict of referred measures. If two or more measures adopted or approved at the same election conflict with respect to any of their provisions, all nonconflicting provisions shall go into effect. The provisions of the measure receiving the highest affirmative vote shall prevail over the conflicting provisions of other measures. Adoption or repeal. If a majority of the electors voting on any referendum vote to adopt or repeal any measure or part thereof, such measure or part shall thereupon be deemed adopted or repealed, as the case may be. Sec.7. - u1mr, and-Pr4mazy Election of commissioners and mayor. A nonpartisan prima -r -y -general municipal election for the nomination of candidates for the mayor and the commission shall be held on the first Tuesday after the first Monday in November in odd -.numbered years. A regia -r mu i -pal runoff election for the election of the mayor and commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years [An'. persen w e shall -possess -the qua i flea ions i3 -site -t -o a%3 -B1 -e tOir -at the general state eleetien and shall have resided i r ig G .~i _eff F fersl* -menthBB-neift p^__e,al J the `_t f. el _etie at whiehcrs--aie a€€ere te-v8taz^zd shall have been-eg-isto-r- p -t4ie eitay registration beeks-that have -been -preseri - shall be a qualified eleeter of the eit ] All elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter of. the City &f A9 a tx;and -exee t that _6he-e-i- ien shall be su stituted fee a--bea-rd--ef-eeunt-y-eemfAes-iffier- . The name of any person qualified as provided in section 4(c) of this Charter [^' etev ^F the eit�] shall be printed upon the [pr-Ifnar- ballot as a candidate For [nem n tie tel the office of mayor or [a-nd] city commissioner upon paying to the City of Miami the sum as prescribed by ordinance [of sne hund...e e11ars--($kG0.GS-)1 to be deposited with the city clerk as a qualifying fee [not -1- during the qualifying period as prescribed in this Charter prior to the date of such prifnav general municipal election or special election to fill a vacancy. , anel sai eee Any person qualified to run for mayor or city commissioner shall file a written notice of candidacy in the form provided by the city clerk and shall submit concurrently therewith a sworn statement including [e€] his or her name, address, occupation and willingness to serve; if elected Page 30 of 115 Submitted into tho puhllc 5 fOCOfd In uO13nE'S' :%.. t13.11 fl `" 110M ..._L....._ on B_.� `Y:41_. Waiter Fooman tIP-TI) 0 0 accompanied by the necessary documents and fees as provided in state law and section 7 of this Charter. Such notice of candidacy shall be filed not earlier than 60 days and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. All such qualifying documents and fees shall be deposited with the [ea3--d] city clerk no later than 6:00 pm. on the forty-fifth day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy. (Laws of Fla., ch. 15339(1931); Laws of Fla., ch. 19974(1939); Laws of Fla., ch. 21387(1941); Laws of Fla., ch. 22395(1943); Laws of Fla., ch. 23408 (1945) ; Char. Amend.. No. 1, 3-14-•72; Char. Amend. No. 6, 11-6-73; Res. No. 97-447, § 2, 7-3-97) See. S. Form of ballots &te8-s,r}—gr.3,ma y-sl.ec�i.on--dor All ballots used in any pr -y general municipal election, e -P ge•neL4ak runoff election or special election to fill a vacancy held under authority of this Charter shall be without party mark or designation and without any insignia or mark of any association or organization thereon, and shall be substantially in the same form as the election ballot used in all general state elections. [The e and i date^ f-e_r- neffli na ti en te the efF. ^e of eemffilasieIle-r whe -a> . --receive—rhe-.—reateet te-zr the-g-r-ima- l• elee~ ie-- ohE -1-1 be plaeed—en the ballet at the ne)Et regul.a.= ..._nieip=, _, eet: en--ter -nufft6er- not to deuble—the number of e6timissienero—cc��e i t d bat he tfnere to a id -a -es w been � c-e�.�ti��a�-�dnc�e-i39ic't13---E13.-3{-£1a�lcsi-c�-cow 1�' •`• ate—=•ega44-y—qual i f -ed for the efflee of @m: 1 =e ersr—eq+i *ed ttFldGj this Gharter. T13e—t-we—F-24—eaT4d4tlateF.ft' - whe- shalleeeive the great -eat vete the —Ear �-y--even-�hzZ be—p 1 seed- -en _ h _ ballet a t the next _ e ..~. m _ _ _ p _.-1 prey.-ded that they hav sen nemina_ted and legally ; f d E 9Y the--©-f-f--ioe--9 - nayyer as--r-equ-3-r-ed under this Gw_rtevl (Laws of Fla., ch. 15339(1931); Res. No. 97-447, § 2, 7-3-97) Page 31 of 115 ubmitt ci into ilio public record in connec to i i'i� item _L _ . on .' Waitoi, woornan City Clc"11t 01- 840 Sec. 9. Declaration of elections how tie vote decided. At any red,la fnun-i-gar runoff election or special election to fill a vacancy held under the provisions of this Charter, the candidates for the office of commissioner, [i e number c+€—eeto be e eeted ] who shall have received the greatest number of votes cast, shall be declared elected. A tie between two or more candidates for the office of commissioner shall be decided by lot under the supervision of the chair of the canvassing board in the presence of the candidates [a—eeurrL -e•f- At any regular funielpcl runoff election or election to fill a vacancy for the office of mayor held under the provisions of this Charter, the candidate for the office of mayor, who shall have received the greatest number of votes cast, shall be declared elected. A tie between the candidates for the office of mayor shall be decided by lot under the supervision of the chair of the canvassing board in the presence of the candidates [eeur-t - eempete ^a;et r] (Res. No. 97-447, § 2, 7-3-97) P n4n----g�r-1 --and_ __ a;aa el.en t inm All electiens held €ems t e ee ;en-ef—mayarand eemma:ssienc shall mun±e_�c,_ �l-eetion-s. (Laws of Fla., ch. 14616(1929); Res. No. 97-447, § 2, 7-3-97) [Sec- 31 Mh a retia -1-1,- ' '—Vielees -a€ this seetkey--have -beep superseded --by F.S. 9 16-361. ] Page 32 of 115 into Ilio, public MOW In connee'lean writk.h Walter 1=oeman City Caerlc at 840 Sec. 12. Filling vacancies for mayor and commission. (a) A vacancy on the commission or in the office of mayor caused by death, resignation, forfeiture or other action or other cause.: shall be filled within ten days after such vacancy occurs by a majority of the remaining commissioners. The person appointed must meet the qualifications of the office as required in section 4 of this Charter. [eq+d] The term of office of the person so appointed shall. be until 4 -i -a the successor+&+ in office is/are elected and qualified to fill the vacancy for the unexpired term of the office at eitheE whichever of the following occurs first: (1) the odd -year [-first] general municipal election for mayor and commissioners held pursuant to section 4 of the Charter of the City of Miami, or (2) the even -year State of Florida general election, at which election national, state and county offices are filled, w hi _ h e v e _ e1S-f- i r- s t-- The candidates for such election shall be qualified as provided in section 4(c) of this Charter and the qualifying period and requirements for such election shall be as provided in section 7 of this Charter (b) -1-? ire--eves---Lam If the remaining commissioners shall fail or refuse to fill such vacancy within ten days after it occurs as provided herein, [t#eR,ravel �.-r t at eveTtF] the city commission shall call a special election to fill the vacancy to be held at a date not less than thirty-eight or more than forty-five days after the expiration of the [sem] ten-day period and the five day qualifying perioselee;:}i ams. . The qualifying period for such special election shall be for the five days not including Saturday, Sunday or legal holidays before the thirty-eighth day before the date of the election and the procedure for the election not otherwise provided for in this section shall be as provided in section 7 of this Charter. The person who receives the greatest number of votes for the office in said special election is elected to fill the vacancy until the election as provided in subsection (a) (1) or (2)of this section and--sha34 be the may -r- and/er cap.-ty eemm i s s ± a n e r and his --e E- her term e f efree e!}a ll 9e—nt ,.mss---er h ns -t Page 33 of 115 001.)MINVU into the public r0luord In connec4' or�, with j� g It Q Il�r f on . -G!-al Wsltnr Foeman� City Clerk t,,- —a trd eiv�6nq--e h g h e= }.�.--iiuff b e r- o fye t e s n e-'3e?n-le e t i -e n --shall be--tzs£L £ %�-.Y (c) In t-ne evearz if the commissioners shall fail to comply with their duties as set forth heFein this section, then, and in that event, .-he court is hereby empowered and authorized to enforce compliance with this act or to call an election itself to fill such vacancy or vacancies on the commission or in the office of mayor. (Laws of Fla., ch. 22393(1943); Laws of Fla., ch. 27724(1951); Ord. No. 8281, 11-5-74; Res. No. 97-447, § 2, 7-3-97) see _" 1-3 . Eleei - when terms of we 9 -ii altaneou I; -y - iii h e iF e t -h e terms e --fie m_ --ems --meEe a e.1.11 a e�� --emp-i r -e ,c..e_c_- eleetian, then—the --n. mbef € e7. steer- _ e - a Sec. 14. Commission may investigate official transactions, acts and conduct. 'she mayor, commission, or any committee thereof may investigate the financial transactions of any office or department: of the city government and the official acts and conduct: of any city official, and by similar investigations may secure _Information upon any matter. In conducting such investigations the mayor, commission, or any committee thereof, may require the attendance of witnesses and the production of books, papers and other evidence, and for that purpose may issue subpoenas which shall be signed by the presiding officer of the commission or the chair[mai:r] of such committee, as the case may be, which may be served and executed by any policelmae] officer. (Res. No. 97-447, § 2, 7-3-97) Page 34 of 115 :'�vbrr:tttad into tha pubtf0 roc;ord {a connection With � � r on 61-9-4) Walter Foermmn City Clerk Sec. 15. City manager --Qualifications; appointment; term; salary;' sickness or absence; removal. ., [Gy ,] The manager shall be the head of the administrative branch of the city government. The commission shall fix the manager's compensation, and the manager shall serve as provided in section 4(g). The manager shall be chosen on the basis of the manager's executive and administrative qualifications. At the time of the manager's appcintment the manager need not be a resident of the state. Neither the mayor nor any commissioner shall be eligible for the posi-:�ion of manager during or within two years after the expiration of their respective terms. [c n .Rg with the eleetien 99 eta ] The mayor, subject to the approval of the commission, may designate a qual.;.fied administrative officer of the city to assume the duties and authority of the manager during periods of temporary absence or disability of the manager. (Gemffieneing with --1994,-] The manager shall be responsible for the administration of all units of the city government under the manager's jurisdiction, and for carrying out policies adopted by the commission. The manager or his designee shall execute contracts and other instruments, sign bonds and other evidences of indebtedness. eff4.f: ' , paE-: . n -theappei nt merit er==efneya-a e f a f f leets ; llid at i-� -i s tea t ape ser- v i -e es e f the e i t y-, F; x eep- -€e r—the- p u r- p esee € A.nqul.rry, , r -s 7 .J t.-��- l el . thr- gL. thr, ��c---crer�l•�--iPi-�-�1 --t�-2@�-- �4-ti�l3 5 _ -- _ - - - - - - - - - - - - - - - • - -- - - the - _ Fra-EYa E - n e f -any —eeifun . s e r a! Ear_ shall give er-Ele n , ptibliely er- by -t ; - ' hiss- her- �iknef._efF;h. -tit E l'i�L� 'Ga'u i -r= --b y tk�e-e . (Chas:. Amend. No. 2, 1-1-62; Res. No. 97-447, § 2, 7-3-97) Page 35 of 115 � •lJiiltt aclf Wix the Qublir±4) l - () on Walter FoemFan City Clerk • Sec. 16. Same --Powers and duties. The powers and duties of the city manager shall be to: (a) Ta See that the laws and ordinances are enforced. (b) To Appoint and remove, except as otherwise provided in this Charter all directors of the departments and all subordinate officers and employees in the departments in both the classified and unclassified service; all appointments to be upon merit and fitness alone , and in the classified service all appointments and removals to be subject to the civil service provisions of this charter. (c} Te Exercise control over all departments and divisions created herein or that may be hereafter created by the commission. (d) To Attend all meetings of the commission with the right to take part in the discussion but having no vote. (e) To Recommend to the mayor and commission for adoption such measures as he may deem necessary or expedient. (f.) To Keep the mayor and commission fully advised as to the financial condition and needs of the city; and (g) To Perform such other duties as may be prescribed by this charter or be required by the mayor or ordinance or resolution of the commission. (Res. No. 97-447, § 2, 7-3-97) 1 --and —s u s pe i-9-1-efr O f-- czh l e f --$r czzt en of the l egl ear trure Make +_a ��Y Main - ti,*--6—tlfi@ rcested#- t.., . t 1 a be e,a ; � i-. ,-a-act�« d- --�c� czr-cvi:i�---c-c-, --c eerre eC�--if--neeeyesary-tat the will of 'xee the -e€flee of he ; ty a . Bieedwevtl ; X34 ��a —369 y °�-o ^z Page 36 of 115 �IxbmittO(t inoto the pubiio _ 110 (066 `d Iri connoctti with Ort Waltei' [=gO,O9 titin City Gler'%' '7'7Tt; z3i-1'f3aC " _Yyy.7•' The ...1n r a s e e v--6ded j_ L e r -p °evie inn e•# fig tom--ehart -Oi ---em.-G- _ al s •-3;-n ape i€ -ie --c and � tY�e3- fro a ^ g maqt be-e9netr ed ; w ire--s•-en---B�as��.-�-r�i-a , :-19 ; 142 Ge. 660; - The --c ' e r - .a s-s==c3-e - e ni -,tee �� e -� ee , a -a ra r e t i eRs t-19 eity ma n,ag a r -- u s t be --w h -i n iia: ---r = q} ; r-emen t s-- e f eui-la 3 -1-oodwe r 6 3- Se. 22d_4_6 . e --etre a -ma be der. e• �d--d ri-gag-p�e1�3a w -pe3i.ed amt e-r-aeeGptg-- r 1 afi to i., _ ..,� r., - �-ke tom.. G i ty -e•f 2-4 217 . The c i t-y--manage-r- i -e .nom Pd -a -c = amu -mate € --i awe-gete s3et`=^_=-c^me-WR-a- iia_ _eies due te--ee9ne nie--cvsidi ] eaas--se- ato r-- `V� t 21.412 A -s d3$Hie e, j Where-ei-ty- fta-eager-epts to tom , �,�. _ . �r�,ttp -u met ' a s s i s tEi-.',.-m--i-n---t-1i'e--d 14l.e zvii�aCk crge-ii��-3�me 'i .1.-= 3d EC lace ,,-uand•--Eia ' t--be-epen-inept-- figs --vcti t e =v-: -Kra-use, 47 Fla. Supp. 6 ,—.,,Vf4 ' d Sec. 17. Same --Examination of affairs of departments, officers or employees. The city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. Any person or persons appointed by the city manager to examine the affairs of any department or the conduct of any officer or employee shall have the same right to require the attendance of witnesses and production of books and papers and other evidence as is conferred upon the mayor and city commission by this charter. Sec. 18. Departments established. The following administrative departments established by this charter: (1) Department of law. v'f Publ se- iie,t-f a rr e . (h) Department of public safety. Page 37 of 115 t;71'i4�N�cf into the public th f�dl�'►E� fR on'��'� A I WCjjtLtrCittl F ucr'iury are hereby ;j I 41j • (5) Department of finance. Sec. 19. departments. 0 Creation of new departments; discontinuance of The commission may, by ordinance adopted by vote of at least three members of the commission, create new departments or discontinue any department and determine, combine, and distribute the functions and duties of departments and subdivisions thereof. (Laws of Fla., ch. 21391(1941) Sec. o a All a --and -d4 _'M8A ,i Alia--i3G�i ti16A�8 -- } ��i14 iiA6i1 AAL iA�i.6� -i.`. other Chia T1..�ze I_ _z e _ a a _ f_F a e e f any erdinane Pursua-x�---te— t13ie—�aet. ehall hamto, eon relle jens, definitaieRB,--ex--delegations v_= pe +e —apt tiger - i t y , duties er -.. r et l ens ice--et4le r eeeVAOnB—vim--r-he .(--Lasts of—Fla., e , 21-1 o, /,1 o., , 1 1 Sec. 20. Directors of departments. The city manager shall appoint a director for each department and, in his discretion, may consolidate two departments under one director. Each such director shall serve until removed by the city manager or until his successor has been appointed and qualified, shall conduct the affairs of his department in accordance with rules and regulations made by the city manager, shall be responsible for the conduct of the officers and employees of his department, for the performance of its business, and for the custody and preservation of the books, records, papers and property under its control, and, subject to the supervision and control of the city manager in all matters, shall manage the department. None of the provisions of this section, however, shall be applicable to the department of law, city clerk or office of independent auditor general depar ffie^t f water and Bewe Page M of 115 lybMItt'ad tnto (he Pubtle 01— 840 FEititIrd in conno8tora with Walter Foemurf City C10111. 9 • Sec. 21. Department of law. The city attorney shall be the director of the department of law and an attorney-at-law admitted to the practice in the State of Florida. He shall be the legal advisor of and attorney and counsel for the city, and for all officers and departments thereof in matters relating to their official duties. He shall prosecute and defend all suits for and in behalf of the city, and shall prepare all contracts, bonds and instruments in writing in which the city is concerned and shall endorse on each his approval of the form and correctness thereof. The city attorney shall be the prosecuting attorney of the municipal court. He shall have such number of assistants as the commission by ordinance may authorize. He shall prosecute all cases brought before such court and perform the same duties, so far as they are applicable thereto, as are required of the prosecuting attorney of the county. When required to do so by the resolution of the commission, the city attorney shall prosecute or defend for and in behalf of the city all complaints, suits and controversies in which the city is a party, and such other suits, matters and controversies as he shall, by resolution or ordinance, be directed to prosecute or defend. The mayor, commission, the city manager, the director of any department, or any officer or board not included within a department, may require the opinion of the city attorney upon any question of law involving their respective powers and duties. The city attorney shall be a full-time governmental employee; shall not engage in the private practice of law; and upon his election.by the city commission shall serve until the time for the election of the city officials specified in section 4(c) of the charter which follows the next general municipal election. (Char. Amend. No. 1, 11-6-73; Res. No. 97-447, § 2, 7-3-97) Ed- teas s- rao#,e- -T art r-afrted-gin 9 -19 ef— h3 eh lx cry the department of gubl ie ser v vee has been Ii-Ep en- 4 i -d— The -=user's a -t; di re e t e d -€cam--depa`r'tmee-t-e e=€==mifi funetAens €eE erly awe :to -td- depa-rrt- me�n-t— Page D of 115 ;uhmittOd into the public record in connection with U i_ 8440 item ..._.�.._.- on Walter' Fucizi�n a r msewers•;-water- and-aewa- boa rri Editorj-8-no4e--P-u suant 4�e Res. Ne . "a-2126, adepted P9aa. - L,.,)-2-, 3 ,—c#c }anager wasauthvr'i sed--aiaG-jpr ,a t.e-- emaeute — n agreement f9F transfer e€- the -eperiatie-n-R. e€ the eityle depe-r - • of water -and sewer -9 trepel-iton Dade -GeuntAt the a of he eity, , 9 22 A, added te-the ehartems-by Laws af- Fla. , eh- 3 8n�� -(� 9 Fla., eh. 29400(1945), a - d - awe of`F� .R LT." 24'79 (3:9 4 el et fe -I { ler-4TIT Rea. Z2-B.--aapa -tm&n Zdir or-Lv- no e--+•-r-su"a'nt: t -r._ .6he l t grant -ed in .9'-19 o - eiha- t r— all --pewees - and -dut-Jee -branted by a ,&�n t-�` dA&pa_fneat--of publie-el f t;rare l ave b,, ord-JiRazee been ether E1eparrtmencseity. See eh. 2 -ef the-- Gede of (,r.��--p�eeer�t--daps-r�r�e�te•1 €�•ey- Se ____ - f-rx etee�--0f-�agksa oap3 tel . ae Da-de–G'6lii4*–a–eentr-aet date£ --acne 14, If"z8. Seetie r-22 G, madded t-9 the ehaFteF by-Z,a-wo-of ; eh. 142;4(1929), § 7-- 4e- - -- - net -set eut- heEeln. the transfer e€ Jaeksen Medal l esp l -t-9 Dade-Gecinz was upheld- -nEl e aEy-v . Dade G eunt y , 160 Fla. 892, 3 ,� Go. 2dam248. Sec. 23. Department of off-street parking; off-street parking board. (a) There is hereby created and established as an agency and instrumentality of the City of Miami, a new department to be named and known as the "Department of Off -Street Parking of the City of Miami" (hereinafter sometimes called the "department of off-street parking" or the "department"), and by that name it may sue and be sued, plead and be impleaded, contract and be contracted with and ,have an official seal; provided, however, that the department shall not commence business or exercise any of the powers granted by this act unless and until the commission of the City of Miami shall by ordinance declare the need for the department and for the off- street parking board of the City of Miami hereinafter created. The department, which shall operate and function under the supervisory control of the board created and established in subsection (b) hereof., shall consist of a chief executive officer to be known as the "director of the department of off- street parking" (hereinafter sometimes called the "director of the department" or the "director") and such other officers and employees as shall be necessary to exercise the powers and perform the duties and functions of the department. Page 40 of 115 Submittod into the public rocord In connection with 01- 840 ileal ._._1__ on 6 - q - d VYg1tor C-Cirrn n ;\ s. FT (b) There is hereby created and established a board to be known as the "Off -Street Parking Board of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the "board") which shall consist of five members. Each member of the board shall either reside or have his principal place of business in the city and shall be an individual of outstanding reputation for integrity, responsibility and business ability, but no officer or employee of the city shall serve as a member of the board while employed as such officer or employee of the city. Within thirty days after the commission of the City of Miami shall have adopted an ordinance declaring the need for the department and for the board, it shall appoint the members of the board, two of whom shall hold office for a term of two years, two of whom shall hold office for a term of three years, and one of whom shall hold office for a term of four years, and thereafter each member shall be appointed for a term of five years, as herein provided. At least ten twenty days prior to the date of expiration of the term of any member of the board, or within ten days after the death, resignation or removal of any such member, his successor shall be named and appointed by the remaining members of the board, subject to confirmation by the commission of the city. In the event that any appointment so made shall not be confirmed by the commission within ten days after notice of such appointment has been served upon the commission, the appointment shall be null and void, and thereupon the remaining members of the board shall make a new appointment, or appointments, which shall likewise be subject to confirmation by the commission and each member of the board shall be eligible for reappointment. The successor in each case shall be appointed and shall hold office for a term of five years from the date of expiration of the term of his predecessor, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Upon the effective date of his appointment, or as soon thereafter as practicable, each member of the board shall enter upon his duties, but before doing so he shall take the oath prescribed by section 41(e) of the city charter and shall execute a bond in the penal sum of ten thousand dollars ($10,000.00) payable to the department and conditioned upon the faithful performance of the duties of his office, which bond shall be approved by the commission of the city and filed with the city clerk, the cost of the premium on any such bond to be treated as part of the cost of operating the department. The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such larger sum as the Pagc 41 of It S Submitted into the public 01— s rl o re: ,c)rd in confer-l"'ts with on . _ commission of the city may establish by ordinance, payable in monthly installments. Any member of the board may be removed by the commission of the city for good cause and after proper.- hearing by the commission, but if so removed, may apply to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the action of the commission. (c) The board shall have the powers, duties and responsibilities customarily invested in the board of directors of a private corporation, and shall exercise supervisory control over the operation of the off-street parking facilities of the city, and all acts of the department and of the director with respect to such facilities shall be subject to the approval of the board. The board shall elect one of its members to serve as chairman of the board, shall make appropriate rules and regulations for its own government and procedure, and shall. hold a regular meeting at least once a month and such special meetings as it may deem necessary, and all such meetings shall. be open to the public. (d) From and after the date of appointment of the first member of the board, the department shall operate, manage and control the off-street parking facilities of the city and all properties pertaining thereto now owned or hereafter acquired or constructed by the city or by the department and shall succeed to and exercise all powers vested in and succeed to and perform all functions and duties imposed upon the department of off-street parking of the city by and under the provisions of this act. Upon the adoption by the commission of the city of an ordinance declaring the need for the department and the board, all powers, functions and duties relating to such off-street parking facilities and properties pertaining thereto then vested in the city or any of its departments or officers, including but not limited to the exercise of the power of eminent domain, shall be and are hereby transferred to the department, and all books, records and papers now existing or hereafter acquired in the operation and maintenance of said facilities or re:_ating thereto shall be the property of and under the jurisdiction and control of the department; provided, however, that nothing contained in this section shall be deemed to vest in the department the power to establish and fix rates and charges for off-street parking service furnished by the off-street parking facilities of the city or the power to issue revenue bonds. The department shall have full power and authority to acquire, own, use, hire, lease, operate and dispose of real property and personal property and of any interest therein, including the power to acquire by eminent domain proceedings lands or any interest Page 42 of 11 S Submitted Into the p0400 record In conne flo i aI {h Item WaIts,r Foen, in n C:i�° ri^•' therein and rights-of-way and easements upon, in, along or across any public street, road or highway for the purpose of constructing, maintaining or operating off-street parking facilities as shall be necessary in the judgment of the off- street parking board, and to make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties and functions with respect to the operation, management and control of said facilities, and to promulgate and enforce appropriate rules and regulations governing the utilization of the services of the off-street parking facilities of the city. (e) The director shall be appointed by and shall hold office at the will of the board. He shall be a person of good moral character and have an excellent reputation for integrity, responsibility and business ability, but no member of the board shall be eligible for appointment as director. The director shall receive such salary, payable to him in equal semi-monthly installments, as shall be fixed by the board biat --ahal''11 not be less than ten ---tom 419,00G.00). Before entering upon his duties, the director shall take the oath and execute the bond prescribed hereinbefore for each member of the board. The director shall act as the chief executive officer of the department, shall devote his entire time and attention to the duties of his office and shall not engage actively in any other business or profession. Subject to the direction and approval of the board, the director shall have general supervision over and be responsible for the operation and maintenance of the off- street parking facilities of the city and shall exercise the powers vested in and perform the functions and duties imposed upon him as herein provided. The director shall attend all meetings of the board, shall furnish to the board and the commission of the city a monthly report with respect to the operation, maintenance and financial condition of the department of off-street parking, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to said facilities as may be required by the board. In the event that the director shall for any reason be temporarily incapable of exercising the powers and of performing the duties and functions of his office, the board may appoint an acting director to exercise such powers and to perform such functions and duties until such incapacity of the director shall be terminated. (f) Subject to the approval of the board, the director shall Page 43 of 115 ;ubmitteld into the publlq 01 840 record in connne�lo �th ftt'fTl L � Walter Fooman City ("l-4 employ such additional executive and operating assistance, including engineering and other experts and professional assistance, as shall be necessary to provide for the efficient operation of the department. included in the personnel to be employed, there shall be the following subordinate officers whose positions shall be in the unclassified service of the city: ; (1) A treasurer, who shall perform the functions and duties customarily performed by the treasurer of a private corporation. The treasurer shall be responsible for all funds of the department, for all accounts and accounting records relating to the department and its operation, and for the preparation of all checks and vouchers requisite to the operation of the department. (2) A secretary, who shall perform the functions and duties customarily performed by the secretary of a private corporation. The secretary shall have charge and custody of the official seal and of all books, records, documents and papers of the department other than those required to be in the custody of the treasurer. He/She shall attend in person all meetings of the board, and shall keep a correct record of all the proceedings of the board, and shall perform such other duties as may be assigned to him/her as secretary by the board. (g) The city attorney shall act as general counsel for the department and for the board in all matters of law which may arise, and shall prosecute or defend all suits brought by or against the city or the department or the board which relate to the off-street parking facilities of the city. Special counsel as shall be deemed necessary by the city attorney may be employed by the director subject to the approval of the board, city attorney and city commission. Such special counsel shall serve under the direct supervision and control of the city attorney. (h) All budgets, funds and accounts pertaining to the off-street parking facilities of the city shall be segregated from all other budgets, funds and accounts of the city and shall be so kept that they shall reflect the financial condition and the operation of each off-street parking facility of the city separately. Not later than one month before the end of each fiscal year the director, with the approval of the board, shall prepare and submit to the commission of the city a budgetestimate of expenditures and revenues for the ensuing fiscal year in the same form and like manner as all other departments of the city for approval by the commission with the exception, however, that such budget estimate will be submitted directly to the commission of the city for its approval. Page 44 of 115 rocord in connec:fior Wit11 840 Itern _J__.._ on _B - 411 Walter Fncman City Cleric (i) All expenses incurred by the department and by the board in exercising their powers and performing their functions and duties shall be paid solely from the revenues of the off- street parking facilities of the city and no liability or obligation not payable from the revenues of said facilities shall at any time be incurred in connection with the operation ti thereof. (j) Should there occur in any fiscal year an excess of revenue over expenditures required for operation, maintenance, required reserves and debt service, then such excess revenues shall, subject to the provisions of any ordinance of the commission of the city authorizing the issuance of parking facilities revenue bonds of the city, and to the provisions of any trust indenture or trust agreement securing such bonds, be paid into the general funds of the city. (k) All powers and rights conferred by this section shall be in addition and supplemental to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof; and the department and the board shall have power, in addition to exercising the powers expressly conferred in and by this section, to do all things necessary or convenient to carry out the purposes hereof. (Laws of Fla., ch. 30997(1955); Res, No. 88-535, 6-9-88/9-6-88) Sec. 24. Department of public safety. The head of the department of public safety shall be known as the director of public safety. Subject to the supervision and control of the city manager in all matters, he shall be the executive head of the division of police, and fire. He shall be the chief administrative authority in all matters pertaining to the erection, maintenance, repair, removal, razing, occupancy and inspection of buildings under such regulations as may be ordained by the commission. Page 45 of 115 Submitted into the public record In connection with item on Walter Foernan 01. 840 • (a) Division of police. The police force shall be composed of a chief and such officers, patrolmen and other employees as the city manager may determine. The chief of police shall have the immediate direction and control of the police force, subject to the supervision of the director of public safety, and to such rules, regulations and orders as the said director may prescribe, and through the chief of police, the director of public safety shall promulgate all orders, rules and regulations for the government of the police force. He shall devote his entire time to the discharge of his official duties and shall not be absent from the city except in the performance of his official duties, unless granted a written leave of absence by the city manager. His office shall be kept open at all hours, day or night, and either he or a subordinate shall be in constant attendance. -In case of the disability of the chief of police by reason of sickness, absence from the city or other cause, the director of public safety shall designate one of the captains or lieutenants of police to act as chief of police during such disability, and the officer so designated shall serve without additional compensation. The members of the police force, other than the chief, shall be selected from the list of eligibles prepared by the civil service board, and in accordance with such rules as the said board may prescribe; provided, that in case of riot or emergency, the director of public safety may appoint additional patrolmen and officers for temporary service, who need not be in the classified service. Each member of the police force, both rank and file, shall have issued to him a warrant of appointment signed by the city manager, in which the date of his appointment shall be stated, and such shall be his commission. No person, except as otherwise provided by general law or this charter, shall act as special police or special detective except upon written authority from the director of public safety. Such authority, when conferred, shall be exercised only under the direction and control of the chief of police and for a time specified in the appointment. The members of the police force of said city shall be invested with all the power and authority necessary for enforcing the ordinances of said city. The chief of police or any policeman of the City of Miami, may arrest without warrant, any person violating Page 46 of 115 Submittod Into tho public record in Gonne tion with 01— 840 Item on — --- QJ Walter Foeman city cie'd( 0 0 any of the ordinances of the city committed in the presence of such officer, and when knowledge of the violation of any ordinance of said city shall come to the said chief of police or policeman, not committed in his presence, he shall make affidavit before the judge or clerk of municipal court against the person charged with such violation, whereupon, said judge or clerk shall issue a warrant for the arrest of such person. (b) Division of fire. The fire force shall be composed of a chief and such other officers, firemen and employees as the city manager may determine. The fire chief shall have immediate direction and control of the said department, subject to the supervision of the director of public safety and to such rules, regulations and orders as the said director may prescribe and through the fire chief the director of public safety shall promulgate all orders, rules and regulations for the government of the fire department. The members of the fire department, other than the chief, shall be appointed from the list of eligibles prepared by the civil service board and in accordance with such rules and regulations as may be prescribed by said board; provided, that in case of riot, conflagration or emergency, the director of public safety may appoint additional firemen and officers for temporary service who need not be in the classified service. The chief of the fire department and his assistants are authorized to exercise the powers of police officers while going to, attending or returning from any fire or alarm of fire. The fire chief and each of his assistants shall have issued to him a warrant of appointment signed by the city manager, in which the date of his appointment shall be stated, and such warrant shall be his commission. Whenever any building in said city shall be on fire, it shall be lawful for the chief of the fire department to order and direct such building or any other building which he may deem hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be pulled down or destroyed and no action shall be maintained against said chief or any person acting under his authority therefor. Sec. 25. Supervision in divisions of police and fire. The chief of police and fire chief shall have the right and power to suspend any of the officers and employees in their Page 47 of 115 (.ibmitted into tho puNic record in connoc.tio with item 011 ,9,.rj t Walter Foeman City Clerk respective division who may be under their management and control for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. If any officer or employee be suspended as herein provided, the chief of the division concerned shall forthwith in writing certify the fact together with the cause of suspension, to the director of public safety, who shall render judgment thereon, which judgment, if the charge be sustained, may be a reprimand, fine, suspension, reduction in rank or dismissal. The director_ of public safety in any investigation shall have the power to administer oaths and secure the attendance of witnesses and the production of books and papers. The employee shall be allowed the same appeal procedure as set forth in section 65(a) [now 36(f)] of the charter, provided, however, in the event the offices of city manager and director of public safety are held by the same person, the city manager - director of public safety, before passing upon the guilt or innocence of the person suspended, may authorize the civil service board to conduct a hearing upon the suspension charges preferred by the chiefs of fire or police and to report its findings and recommendations back to said city manager -director of public safety. The city manager -director of public safety then shall pass judgment upon the person suspended, after considering the findings and recommendations of the civil service board. (Laws of Fla., ch. 24695(1947)) Sec. 26. Suspension and removal of chief of police and fire chief. The city manager shall have the exclusive right to suspend the chief of police and fire chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause, if either of such chiefs be so suspended the city manager shall forthwith certify the fact, together with the cause of suspension, to the commission who within five (5) days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall be final. (a) Department director. Subject to the supervision and control of the city manager, the director of finance shall have charge of the department of finance and shall administer the financial affairs of the city, including the keeping and supervision of Page 48 of 115 Submitted Into the public record in connection with/ 8 4 Q Item afi Walter Fbcmcrt city Clc,,f - -- all accounts, the levy, assessment and collection of revenues, the making and collection of special assessments, the custody and disbursement of city funds and monies, the control over expenditures, and such other duties as the a iss3_en-ftia-y-kiY 'qr.-nanee--p ari. city manager may direct. (b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department of finance showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial reports rendered to or by the department of finance shall be prescribed by the director'of finance with the approval of the city manager. The accounts and accounting procedure of the city shall be consistent with the pronouncements of the Governmental Accounting Standards Board and accounting zeveruee gear -sed and liabilities iHeari v anta.•a- ssi tr-aien'—zSoc�--arrd eliepaait-ierg-��rlttne . 4"he --nanee•-s-h , , majee sueh the --€i-naile ; , , v ., S _ O Win, and _ nA ; t t Ori--O-�e epex-t-9 ,shams_ y_- p rre p a -ed f=- ---!, ^' a r t=z--a* -moi+ a1--yeasand _fems be required b the el . t-esI-i aces-. Net later than ens month bfeEe the end-ef _---' --- ---j "x , _.h.e e_ !n Gr Bha11 t le e-OMMissien a-nd make avail -a -1-1-4--e the public a � est=lmate - e the -z pend -i _ems--�.�d r e ve u e _9f a l l departments,_and effi . fev the eneuing-1--seal year . This estimate- Shull be _eempi -ed - tree--det-aA4-ed nfeFinasivn Ob -_4__A ' m-t4ie-•ee,a _�- a-�---=cartfnente,—cdivisiens a-nd� ef-zf--leev-va"z-crr'ii ei�ti.-� crI?}@sZti—Aia —1 by � t e ;ate, ��_ The —c^laeoTriest kOld-¢f--tirenesar-ly --p9$•Bible—r9%--c:-re---main •-d iiJ ifl ; ^_ns ---er— •8•c3£'i3 depa-r-tFnents, di s,, and effieeB--e:i d shall giye��-par�ik� ee4-umn-s eire fel; n ---___...___ .... t -e -e t -h €- e�-i Hg -each depa-rr-tment , d-ivis-ien, „ f f ieep {- }xpe,...dir::r-E'8-- 6r eerre6 inq Items -fer- the-ka-e Y: f : 6ea3- yea re ; 4-9---e-x-penE1rtH ee 1 er- eai-3=e$p0AdiFig•- items fer-the u i= e fl•6 -&i Seal yea—, _--eldin adjustmentsr-dcce--te—i-an sfer between — ar- , rr well an ea—t, cate e f the e end3-free- n e ee se a � t o eempler-e--t-ke-e r e t€ seta 4.4 ---the- value o € 1169 R a a t e r; ., , ., he -da Page 49 of 1 l 5 Or.' ubmittad Into tho public record In connection with oil " 840 Item _ on B79 - 01 Walter Foeman City Clork / e—, -t-h d fei'--i-rrtr�l'9't--�*rli'.--EAG ee n� es ca -and P-r� r -e "•l"'Y- • ^'y -z�� i �_[1 rr a 1] .. F - - P•.'� �-sFY^-�iw4tri'�RafG_. !� ft � n n f � 7 aeit�a'ri t %oto - the Page 50 of 115 Submittod Into tho puhlie record in connection with item --I-- on Walter f-oeman e -iii epi eba-� -- er -m-�oyee--e•� ex - _w4 -t4 -i- aPP*GP3.-4-a-o . sfer- 9112 ___ ri ac�x�s, Hie balanee of a-.. to - r -eb j eek er wh-i f-e-t-Wie eurrent year ateer=_e a -t €e bo-t-ti,r en tee --�-1,e--s'afRe f f ; depa-x t eiit , aF di-v4.s_ � 3-1--�ia'.�e�i.�#�.-ams-a€� � � ,-, . � ^ � � e-uex�u��^ �.-:�r�e�per•--�a-1-a� g-- eue -af the aity,--- net •-apprepriated--as ber-pinbe€ere PlFeVlded, and--t-h-balanee at any -t4 .e -T ,= ma-i-nnq a ter the purposes e€-zip-apsatisfied e -r abandeeed•, may 4117 imepr—j - a� "y_ -the Eeffirn -$£i}Will With -any tiles fee wb_-eh sueh revemte a© -1. - ion bad��,saes, eve �� ctit to- e GGA sated be -dam €rem-- the -trema-ury e€ t+t nor -shall any ebation nems the -=aEpew,genes-be--= eucreel;--exe d ,.no -,«r- i3+1 -gyp- e, the eler-lc -,shz art. W" 4-h% g3:-ei mgr= te the diveeter r-44,nanee. At the-ele—se eaeb ap e a �iz est-qj%-:j-1-j-r_e-vert t e the €tt-d -€ rem-.�z e agp-epi wed eba-1be e3 eeCo amore ; but Viatiens may be made in t4a--therane o-€ _t rr_ .. -:ems e ---ether abs eat a ax wo-r;4�stkie- - ivbiel�-- willnet be a li e—ett rent -y -tl. I�-Ga-tom-cz G- dab e - e t s u els -�; era awn s mads, G ear --.--Ne liability sear be ea -ereeable- agast��edri ae o-t--segpe eek bar � the Sze --shall the e! .1ii ab -1 e a-1, or-sepplieefarn ishe te-ene eity er 6e any depaxl e t- ; -- o £ ---thee ; -tbe f3ina-ieiai 4 ito he --Fret eurct crrf--the gr-eeeeds of--ta-x elf -other funds eentrelled by the unless the eeffilijissi:en sha-11 previeusly have made a-e--aPp-riatiee therefer. in the event that- -eons acts are Fnae- e -extend -eves -a -geed l-enSeqFL- than one-year- and ..h;eb are te--be met f -rem he--eity, it; -shai!-be 1 aihfuli € e r t h a e ' asien teiz--v ccn� 4 icnz-� 6 ensuing yea- be epe r a tzs� , aad- t -ems= Page 51 of 115 Sub.mIttud Into the public _ , ,, record in connect_loo with ` ROM -t....-._. on Wr,,Ror F=-ocman Gii! , r,lnr!e be the a„ N, o f_ f iY eemma:9s*eii he'. f+111raperer—al��.f".Y`.Y/+ ;.-.r.n F ^ Shy e �-r -(-]-I-PAP r � ^ it e FR H—by the and ter--- _ _ ever -y --warrant B • h _ � .ih�1_]- e�a� = _r _ _ _ c _ _ l , , a . cal-I3i,.3-c- WA3-%eh-ef sucztiz 4_t --em ~Shit3 B �f a ii—1� , 1 ee 3-e 3rO S :e afma'tz7cccvr+ j c- 2$- ccz:� cs cu = •- = r e#a bai anee- to the e-zd-t t Z�cT—�T�..83 h i 7 7 c and ter- l a l i i&,—No-e-l-a-i .l.-aga i6 s t{ the h !- F e d by the head e f _t-h� ty by -t-i?e ahkef—aeeOl3rrzcrit Of the _ d.,pai=tme.- ef^��G i p ed, -heweve �—that in the e*e +. e g th-e ; , ,-r^zc�v--vhic- aba. - �' a ' ., � . .. -- i- ., e e or- the re _eta: t , e he de "'tme1}t e€ €inanee, ..hr.- ;tym gr,�-ma-N—des-.-ate other- a€=leerrs of the elt -* nd.,�-� _ h �� . ,►Me vu� ev warrants. The Q �- and -issue -a ebeekr-ems -waEr-ant E-e--PaYmei3t 9nlY-uPen E-IREli g! rzhat the aped dr�j;y== =^ , cal, -hat_ tee—Mist-ly and "�legal -due-.—a�td ire t -payable; that an ation has been made ther-ef or- w. -ieh n exhaaetieEl a er t h_ h payment has _een- ��e•-w-i-se . Ie ,,. a_t�...rieed, and that= there ismoney '' � e>r-�xF; -.^l -fy _Tma*tFa..-.a�ate te � 3 r tinde19at , . -d!ar-t -9 -n 6'6 €e ssb� g Fye{� a.ary-5r'z �iC�ut `a e e r e F 1 -an the tveasury .Yffi dei" --any ; �e ffi F.appr-epriat-i-en,f-6% =:: -e-f- - i -there --rs not s u f f i e i e n t= t. If!$ 3 i ie ua � abbe �e the eity-ar -affivarit of sweh wary- 3aa be_K-"cicu-i�ea', tBhe d r-ear:e f b dget and h s._ h be -liable-te wa-r-_r_ant_. 4444--A4Jdi t @19.-7 i nSigFr i��n_9--&(oEDi�i3�!�'--� .1f i r•ar �.,rha:�r�^o—.�f; a Page 52 of 115 Submitted Into the public�� (� r©card in connection with item I -on 6 -6? -O( Walter Foeman sueh anteant and €er all ., ev a� st -. gee--th e l ^,.time =until -payment -Iereet-. �- --'-- y—vf *f Onc J;9,- GI rar- tgr- Of f i ;aJ4 za_. PIA54nant; in -to Olt) enee fees, aYnder;..her ffie --- ---_------.,� «„ -he t sh ,4 ---be , e �-e -_b the EI -4 -e --ter e ��. un! . . «� e,....: s pEevided- IOIY� t-e3 t$-- a rk ,� a ^ 1„4 1 . f C a e -- np �O e - e . f. �r money--ee-4epeBited--shah aee-to-the benefit e€ thee"EY. �� 7 aenr and i. 'I l anti onung, r%� .+7 ec _ g6ta-b-I ched_by 0. ofnhioe L,efn-e y. �� fai l> e > :r- 'e' -t-�%.Yci . n Q t; r7a l ; r�dpypLLc—QA tri. --a. �c '3L-ala3�s- Gmr--a� jpr_e;r4,s.GM,seNsin"ed�i'nx�e�--I��eeept--Q::e-«d-- ._}, within th • ti shall -be Page 53 of 115 SubrnlIV,10 inti) iilr Putliic record in ;,onnec'lon with J► .� " S I? � item ___L_..,._ on - - Walter Foerrvan City Clerk .Vas&nt.'*-gin-the death, al-,-er- exp-inr en-c�€ the - 0 € than - the &:r-eeter= „. __ ., �- o --a � G L " a t i e n o f �i e e « of 1 f f j 1�e—{�iade~� shall repeFt ;rze L -he eity Faanager. v^,f S ta'I t&--7 w ,-^ -he -general a -. _ F Fie _ da- upen tete b; e« of t t; of—nr ail appi�- «e _ and gevr-n-- n the aeq__pZ�'t-,--fie -and-eA��eet a --ate "�a�Yee «�. -t- -e€-Miami and } ! e e�ttr3r and -ale of p ^per - d��q�-t��-o-r-, Eft 4: e a , and --� i c��}3 � v - t h e fid 3. y -and eeneerning -9 n -t axes _ _�, « as-1�--ori ne-t epEa ! - met - =1 C - %4-siens e f this e _ - ne� any -Spee-lal legislative ae- ;_dee --- ieable to he-Gity e4 (a)--:zzz-.e�me^tl7 ; ono,- All the taxes there aseessed-eha.1-1--4aeeefe at enc^-.c--ct--debt te~ the -c-ityy=sz'vrm t -'hey re be the nal assessed. All personal taixes shall f�-epe Fty of siaeh- Pte_$ -eo aaseesed--€rem a -1-4-en upen pe =rd- ofe-r the aesese ent- t e ee , aid- main lien shall --be-eaperierc to therdi-Z fe ther-egn unti3--_aiaz�I and q ,; dunde� any sale, a s sign e ., t t e-iSUeh pe ed er- mad eiceept-when saeh perreena! prveperty ^fter- .. ,-1, sisesa�^„t IstI}e--raga _ sueh anteant and €er all ., ev a� st -. gee--th e l ^,.time =until -payment -Iereet-. �- --'-- y—vf *f Onc J;9,- GI rar- tgr- Of f i ;aJ4 za_. PIA54nant; in -to Olt) enee fees, aYnder;..her ffie --- ---_------.,� «„ -he t sh ,4 ---be , e �-e -_b the EI -4 -e --ter e ��. un! . . «� e,....: s pEevided- IOIY� t-e3 t$-- a rk ,� a ^ 1„4 1 . f C a e -- np �O e - e . f. �r money--ee-4epeBited--shah aee-to-the benefit e€ thee"EY. �� 7 aenr and i. 'I l anti onung, r%� .+7 ec _ g6ta-b-I ched_by 0. ofnhioe L,efn-e y. �� fai l> e > :r- 'e' -t-�%.Yci . n Q t; r7a l ; r�dpypLLc—QA tri. --a. �c '3L-ala3�s- Gmr--a� jpr_e;r4,s.GM,seNsin"ed�i'nx�e�--I��eeept--Q::e-«d-- ._}, within th • ti shall -be Page 53 of 115 SubrnlIV,10 inti) iilr Putliic record in ;,onnec'lon with J► .� " S I? � item ___L_..,._ on - - Walter Foerrvan City Clerk acid--a3�-e - taxes--a..-!!--be , e ea �' eee1�ed Baler sueh rules and regu�iene as fay -be esp ab, ; &h-ed-.--}D,.y o s € thel r— Frees bs a i�-=.=.izree—aiiQ--,;.aTr 3 Fr -t 9 ai3u -all c~cncz" respee s, malse -prevision ieF 6he assessment of preperty--a-nd i6 -e lezxy, assessment ---aid eel- , of the _". tar__ s fully as -r4:13t be done by -a- law e€ theater-�f F l e r i da . Be€ere- any penalty shall attaeii f e r the fa ile i --tom- e t ,publieatien at least feal times in ene er- Rie e dally paperer- e f the �� , of ...e t �e within whieb- said -3etur--Fr-must be made- T'IRL- €li --st pu:43iieatien ef$eeh net3ee shall be at least -they days __before ehe , . dam- fe-r—making sueht -ebur-n. Ne-rolaade-b er-dinanrete-shall }3revidet a tam be eensidered delinquent pryis . ens for tke-assess , assessment and e , eetien of taiees is foree-.fit the bine-ef the adept ien o this ehart-er, and net= i-Aeensistent theEewi-th-, shall eentTt�e-}-� €oree-until altered, r-epealea e superseded previded-b,. h. eet-ems. n -f car GOs t s :i-ncam- veer --a n a 7 Q g me- i ng,- - dawcalB Ongr the €ai:lu a of the ewer owners, _ .. , u a in prepert-y wii t -M -n, the e i t� ee-g� h --the der a rminat � en a f t heffreer-, beard e --aody empewerred by tl-;e cityer-d}eanee to require-t�3c eiesin remeva-i,- r-epa3�-, err- demi-t-ien--cam-any -buiel"g-sr- stre dange la, safety, or , welare-eg the -geeple-e€ the amity, after a--bee�' ,er bedy rta3r eat�ee �w ,... ; , a : -a ttret ave is die-�ose~'�- epi -r--ter demeliehed--ermay eentrraet there€ev, afte-r a dot i cement €nom- and -teeee 1pte€-bids. Tha afneu-t eft (1) € (1) ab$traetieg andtitlesear-eh fees er- ehar-ges, expert w } tnes ees-L- fees, b a -ges-i u v Eed, aQ ( 2) the ees t e f -sem -el-e s ing i Fefsava l , r--ep a3 r- er d e iii e n -,- 44 --ate; shall eenstit;ate and . t-h-e-reatl pie • , d until pard- with interest to aeerue--ate--the rate of: a y the-metheds-iar any state -err other applieable -I-a::- ------01a" 4 f4ga t-: 4 e- e€; s k e Q Q Q -s -end--GseUpa t i ergs,• €-ser n r=- = -.a. _,g f-er�. and entities , weeeupations, p.refesslep's ; and ydinarmeee eiaseify ate &rir n ga t a eaB j trades, and pie€essieee-aarried-ee.- in the _'_}.. s__h elassee as may be Page 54 of 115 ;ubmittud into the, putkc. 01- 84a record in connection with Item �_ _ _ on f -LI- o I Walter FoEman city clod( without out . - a r- a � .� -`L-r� �C fl � el � e -3-crrr �-i-t'^ "� —�eefl -_ by� � ��r, sha l and in a a d - ^ �, _ �. v-v----vzzuYr--y'scv'�•t-ii L. .- ad valeL=p Asa-pyx-� d - tie I n . E! is t-ee.._L--4ie 0 6 i3� aag—ac7nds a `'L �� e fl- t- _�:�z yrs res-rcv rr ti i -� r : ` E1 f the f tie and hxnc -� a- ' , , Ai}-Grit�3- .�.-•1 1 y�F�}` �'� -i�.C�t --�--e€-es-eek-aa-ee$�ed gra-x�re . ;-ems- sale and 3= _- ;+tea --- -- the 11 be adMiswiible -- ----' r� v....a .raas�•--F!',L�".6R•1ttY F3Q e e��.-ogee € . �'�e- -o :�.�a�i-- i�+��-•g -tire C>:3I:'�"�i�'�� i� ��'�,r..•. ,...] ... r7 � �. v x v ' i m- 2FEz£ Zi7yy.L.. T.,, G,, l Cl G Call —the ,a T4:99 -r-; �-ccs—Yxit Bye t e m e -e---� ache -�©r� t EA " € €eche—Ne . i , - -•3 Elf 24!706(-1 Page 55 of 115 Submiitod into thO public rocord in concoction vtqth item _,__L___, onc. a t Walter Foeman city Clerk 01- 840 Metrepelitan Bade —Eeaet , the eo €9r—t•he assesemenz...a e911eet4:9n of tames; eimilar t -G- equntzy-a•asea,.me t and aelieetiea e€ --mini tams-ar-e e-&n4L-aifl,ed in F.B. 9 19 x—Pursuant to e£ y; §-§-- Win:eugh 27-G, as set €err- 1► Laws -ef Fla. ah °o ^Q �-beene i blots the - user's attetitren is �or•��e.� o u -vi --this ehcazisT Sec-.-3?=D-.-So :-:=-�%-equali•za,�is� NGt,& --3he- user I a attenti:en 4 - di-reeteA to the ..d4.nete to Sec 2-7-- r_to_have power ssov;--general as s s e s-ar"n-t--r-0al-.• -r--LB�ete to 4 gqua3ral --an men aad-pr of ual13ir,y Nota—The user -'s atteetien is directed to the -edjAser-le--rete-t-o §--2.7 B of this a-r-teE. exact--t©—wa gran-t^-so�maand i ng r-:7 B -^t t -h -3-e ehartor, Sao- --27--�i Nate -tea seer=iee has been boy n r epee e e;--i'ra af"eeh ate -assess ent and -eek=eet-i e n of tames is new the-ew e l a s i v e-reegen s i b i i} ty o f Bade Beaty --The-�eeizi e--a-ttenziae ia-ai'cnccd E -t -9 i 27 g 6?€ C-SaG . 2'X -1-en ger-app- j. f -- -9r- pr-e$e33 t—rra t eB , see F. v --go- i "�'r6 2 . !The-- u s - r l a Page 56 of 115 ubrnittcd into the publlo record In connection with Item on 8 - q-61 -- Waller Foeman City Cleric 0 • attentien is o--dlr-e a l6ed to the eter , e Fier=e e S ehaFteE. Sec. --2 Whom ecame--del-imquentiinterest vate� --on — de xam. Th_e a w..a . . t El «,,,-, r Notem e uae=---e-•a�tentien -- dixc z___ r-s-rs9 e-te Seo.--�-Z-I..-'�'aiC- Gs ;6 .Ga�Aa f-- �At.6•�sa --�a�6-�herrea" go-to---T-#e user -Is attentien is a, ` _erzed--t-e—t-3 e -c s car- ate to p s }ded-who shall,iunde.-r-ement ehiefpreetaree .- effleeE 6#a€1 eF the ell --Y as the i� awe c t ire :—B e€er a anyparbrae e a r e a l a ;—fie eh € e€ pr-e�-�eiit e€ f re e v --shall require that ---ate - p ve ser l ed--- r.-rr.-reeu�em ent- ��tee1dit3-v-s''E €6llvicE- supplies be Farn;vrcdto uczY deparm-.Rie� unless there be t�e the er, department aa (b) _e_qn�_Vaetz- for furniahing r�;—yhal l b@--rfcade e ,.,s a res"--eneyea-r- (e-) ehief-praeureweet eff, slaaii see -Le i ti _all .& e 1 _ t_- _ -0 r„ b z ne a s -iii -t - the ` not a—e�-eyee er applieant f � empleyment ee_a of age-,- vaee e -reed, eeler, areligion, s at, natienal evigin,;--o-� MaEit 1 - t u s , and that; they �c- a kc e--a-Fsz i ma c i vc=-ac-tc irons t -e entire that a.. d >-, i .,,p s..yees- -awe tveacted asu'r�cF3-em.pl6yme t the ,E r d «t age, ___e, ei�reed, e rT n t _ _ - _ -,ffiar ;L, 444 ----The ehl a fT: &ffieev shall --be--� Page 57 of 115 Submitted Into tho public _ 840 record I connecyon with item on A_9. i2L Walter Foeman Clty Clerk Sec. 29-A. Coat ra c-ts forY.erso� , ., •...., �'"'" • -dub �i -park a---eT- "prauemaen-ts,- Unified development projects,--aad rem:- property} safeguards . eco-bii-_--met }+ be Obt ,than feuicz theusand F. hundred dellave ($4,9 nn) -sball be awa*d i s s i en ---t- e the e le:: a --ter -publi-e-nc �-_e ai3d -s„-rorAdv--sea- d44 -ng Met-heds as may -be- _____ibed by ordi-naneej- tiiat if the t-efa h;,a pMem � -grendo-r w#ese pvlfnar- -Ff^_ -e l _eated to E'hen'- ity--e Rw. .. _- t mese man -z -en (10) pereent in emeeas of the -lews etmher- respeii-sible--bidder erprepeser such lees --be L the e-4 eet all i : a'. - and P ;pesa-1 s . evegei g, the -A-}—ve wok -moi^ h ^ 1zz+z-i-=evA-3�Fi ,., suppe-t-Ing r iz�-cva s�-Y-ci� icrrr z�ic2� eempetirtive l ed - Vii; d4i4 ter__1;13 fiet .vim -i eab a I*64__ F f . a t + vetze—e'f t'wAt-hiZTds of the eem y. •• F�- •+ , ^,' advertisetea -�Z✓c:ca7 bi-ddin,3-fnet ieds-a-re--waived, shall I--- prroeurement *,"~.heds -,g-may e e i h.-.rl 1„ r -d zanee sh'al l 7c-i'L=�Y Is`-wed-.—ri-1-"R i t t iry-� or- other- selieitatlens of the fere ng n F pe -ream}- preperrty trie� f-Guir tho u s aid--f-� e a r -e -16 4; 5 e e 9 e- =e all � e �eigned the eity--ianager or hie designee --aft al .her eF b by the eeffim a: aie., . This et; hall net apply to tra,r►nsfer-9 te --I,- ted teted Sta-t-e-e-er-any a Elepar--menter- -t4h G 1C , tv�y-a-'yc�hhe� riGCtt-�--Oi^ t ivz cza _-eal l . b ; , ..if -6 - `�„" S May . as fn- gion. There shall 'be. $e@ara•t-e-aeeeun iFig as -te eaeh--w6rk-6r--imp evement. n •1� auheEiz9--tie-he ien by the e -a-ny -warrk er-kftpimsve.,.e,..� -ems p aee thereof, the a ty maneisub-i-t- to the �;, s-a--meae-rq-ptlen e€ waw- a -id- related •-eoetA! a Eae s for- -fnere-t leenti e is under .,hi -1- ,�.re..,e=-� o -valued in-emeess 6€--��pQB� be -a Eded a ^uE, b i e fl e t i e ccr�u--cc`v i i iM Page 58 of 115 S(A)mitted Into the public record r conn cik) With Item -. on .�. p 1 Walter l=ciornan City Gfork • • eempet i t Foxe -sealed -1 i rd e -rd -i ranee-;—pr'eyi led, 49 ver'; --that if the ameunt ef--a--b-id 9F propesal sui _ FY e ff_ e _ leeatedin- the -City -8zf Miami ir. net; mere an r2n (-IQ)-pe*ee- ct --•r+- e -se ef-the lewest other r-eepeli sikaI, etreh-leea? eeRtraeta maw -ba award -ed the eity manager--er designee shall -have -the -peweic ee iset � manager-dmay -ai-ve-eomget i-tive sea -ed a,k;ng a- writ G -e [_ finding that _. fib•t-9-r that- is hat-ig Tmy -ere-(1)--=teasenabie- searee e€ st pp�y wbiepi finding mast ber-vatifreel-by-ae-af€ rcatatire two-thi-aa of the eemmiss3en after a- pn-,eperly Publiehe - 4 ng-; --W G oRtpe k -t3 tiRe —b g--- mec-tivd are ::a lyeu-, e Dae pr-eeuremeatmtet'kale-as-may be-pyeeeribe byr-d-ina shall be eFBferep09a Atherse11ieit-atke a== eentain- a reservatiez,---ef t -!--e feregai-ng right to rejeet-all -of--fer Gentrz,ets fe- .pub -14-e wel-I-Eser-- i mprexeme n is shall he signed by the-' t , ger-� his e e a€t er tarp reel -t. be r e e €--b.p--�=e e n When it beeemes neeessar-y-in--the t:e--- inake ai-tems'at--iears er Fnedi€lea-fei'!$-iit- ccc^t--€-O ^_;=-r. bi-- wo-r-lc�r-� �tprevement , su eh- a l terms i -e- i€ i e ere e 3 --be te written reeemx4endstien of the eitzy manargeE. Ne sueh--alteration shall ---be uniefle the —prig-e-te"-gr-kor material-, bet-4+—under-- the altered -o ,,,a; f d ntraet 91 -all have been agreea upen -IR wEitinq signed by the eentraeterr-and to e- y Fa&nager prier to e ,«.he i-zatien by the eemmissign. (c) Unified development projects. A unified development project shall mean a project where an interest in real property is owned or is to be acquired by the city, is to be used for the development of improvements, and as to which the commission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (1) planning and design, construction, and leasing; or (2) planning and design, leasing, and management; or (3) planning and design, construction, and management; or (4) planning and design, construction, leasing, and management. So long as the person from whom the city procures one of the above- mentioned integrated packages provides all of the functions listed Page 59 of 115 rih-31tod into the puUlic record in connoctioh item an Walter Foernan City Clerk 51- 840 for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. An many members of the public having expertise in the field of real estate development,- or in other relevant technical areas or who reside within the vicinity of a proposed unified development project site as deemed appropriate by the city manager shall be invited by the city manager to provide input during the preparation of documents for competitive processes of the unified development project. If deemed appropriate by the city manager, the unified development project process shall include a request for qualifications process prior to the issuance of a request for proposals. Qualifications shall be evaluated by the city manager or designee(s) and only those deemed qualified in accordance with the specified evaluation criteria shall be invited to participate in the subsequent request for proposal process for said unified development project. Requests for proposals for unified development projects shall generally define the nature of the uses the city is seeking for the unified development project and the estimated allocations of land for each use. They shall also state the following: (1) the specific parcel of land contemplated to be used or the geographic area the city desires to develop pursuant to the unified development project; (2) the specific evaluation criteria to be used by the below - mentioned certified public accounting firm; (3) the specific evaluation criteria to be used by the below - mentioned review committee; (4) the extent of the city's proposed commitment of funds, property, and services; (5) the definitions of the terms "substantial increase" and "material alteration's that will apply to the project pursuant to subsection (e)(4) hereof; and (6) a reservation of the right to reject all proposals and of the right of termination referred to in subsection (e) (4) , below. Atter public notice there shall be a public hearing at which the commission shall consider: Page W of 115 OuhmitTed Into tho public rocord iInconnection with ROM _.._L_._ on -.6L9-6 Walter roeman City DO( (1) the contents of the request for proposals for the subject unified development project; (2) the selection of a certified public accounting firm, which shall include at least one member with previous experience in the type of development in question; and ti (3) the recommendations of the city manager for the appointment of persons to serve on the review committee. Said review committee shall consist of an appropriate number of city officials or employees and an equal number plus one of members of the public, whose names shall be submitted by the city manager no fewer than five days prior to the above-mentioned public hearing. At the conclusion of the public hearing the commission shall authorize the issuance of a request for proposals, select a certified public accounting firm, and appoint the members of the review committee only from among the persons recommended by the city manager. The procedure for the selection of an integrated package proposals shall be as follows: (1) all proposals shall be analyzed by a certified public accounting firm appointed by the commission based only on the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the city manager. (2) the review committee shall evaluate each proposal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review committee shall render a written report to the city manager of its evaluation of each proposal, including any minority opinions. (3) taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the city manager shall recommend one or more of the proposals for acceptance by the commission, or alternatively, the city manager may recommend that all proposals be rejected. if there are three or more proposals and the city manager recommends only one, or if the city manager recommends rejection of all proposals, the city manager shall state in writing the reasons for such recommendation, in transmitting his recommendation or recommendations to Page 61 of It 5 Submitted Into the. public, record In connect-lon with Itcm on VVnItel. Foonlan 01- 840 the commission, the city manager shall include the written reports, including any minority opinions, rendered to by the aforementioned certified accounting firm and review committee. (4) all contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, as determined by the commission. The commission may accept any recommendation of the city manager by an affirmative vote of a majority of its members, in the event the commission does not accept a proposal. recommended by the city manager or does not reject all proposals, the commission shall seek recommendations directly from the aforementioned review committee, which shall make a recommendation or recommendations to the commission taking into account the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. Atter receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority of its members: (1) accept any recommendation of the review committee; or (2) accept any previous recommendation of the city manager; or (3) reject all proposals. All contracts for unified development projects shall be signed by the city manager or designee after approval thereof by the commission. The city manager or designee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law in conjunction with the award of contracts for unified development projects. The provisions of this charter section shall supersede any other charter or code provision to the contrary. (d) Sales and leases of real property, prohibition. Except as otherwise provided in this-ehaTrt�" section, there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest. Any such sale, conveyance, or disposition shall be conditioned upon compliance with: the provisions of this section; such procurement methods as may be prescribed by ordinance; and any restrictions that may be imposed by the city, the department of off-street parking, or Page fit of 115 Sulmlittod into the; public record in conneciion with item on . -- 9-_.Qf Walter Foernan City Clerk • 0 the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the transferee of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure: the city manager, the director of the off-street parking authority, or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When the requirement of sale, conveyance, or disposition to the highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall. contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. -1-e4---_-,*�g-ua�s .=sem -the anti-trust laws of the U.4ee d-6 t at ets and e € the State of F4-er-14:4 and -tie eIEI -I+a esa, defend, and indenuiify-the ei s --with -the-abeve laws-- an ameunt 69 13e —to -the �=t;r equal to what the --ad tax ' y�y-/�.,- e m t ., w0 u I d -fie-- is f �3e--p ' _ a tel . mv-..`OVi --and -userfern-a-pi-ef t_ t. l.Lh , _se. su s•haI4 -not be ere44-t�d against an �- ng- t -e the-e-ity under ani ontraet that r a -see -awuz ed -ander �� ..t . eR Page 63 of 115 oubmiii`.3U IMU UW JJLI .J L, record in connection with 01— 840 item —1—on Walter 1=oernan City Cloik 4-3-)--ARy pEepesal by a -potential bidder er—centraet~aF -6•h c eent-emplaees-inqre than the estimated --e3ctsnz € p�-epesed eetwives ehaa4 toe _leel}g ble €er-aeeeptanee-by the -elf . 4-4-) A y substantial }eerease In the -eltya-eemmit-mesa of funds, propel et" --ate aet awarded —under --9ubseacr.3eii (e) of this seet-IoR the e 1 ty a emm l $ e ass-te- tern t -e the �-na - --- hear-Ing, the e9mmissiee-shall -welt--and obtain a -r-ept->r-t-. €rem - the -e e- - emmittee-tha-t era e-prrejeet &EIVi Sab}7 i -t•. Of a nom_ tea~��i3E— (Char. Amend. No. 3, 11-6-79; Ord. No. 9507, § 1, 10-28-82/11-2-82; Res. No. 86-656, 9 2.a, 7-24-86/11-4-86; Res. No. 87-678, § 2(a), 7-9-87/11-3-87) ' d—Ne. 9489, adepteel by the S-ept. i7, 1982, set Perth-Gi+ar--tei�—zsmeiidment Ne. a: / . e t len tet-- J- - en--Nev. T-i9v2--Ors- Glet- -- 2 8, 6t — iia—�raeed ��e Fay-- aid as pr 489. ' l-angivage e€ Ghartrer AR'2ridment Ne. 1, as amended by Or -d:. Ne. 950?. su-bsequently, in light efGhaEterr Amendment No 2 e€ Nev. 3-, --��'. atierney d Fed-the-eed-1€ler tele__ =) ;f euei2 B. a0 law YD ee�tide 1. e iY�d"Ce.TRIc-3-1't-I-)y �-r-t;er Amendment die. 3 4 -i-Rg me fit fer dispenjt_-Ae_ o-€ e;t-Maheney--ter- Givens --,64 . 2d _02296. -aid-erase-he aTha�� Bret --r-eft lied--�e lease- c , real estate- S6:- 2di 0 0 5. Page 64 of 115 Submitted into the public record in connecUoTi with item __L_ on ..�.-- 61 Walter Foeman City Clod( 01- 8110 Sec. 29-H. City -owned property sale or lease --Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, emeept f e i= elle lementing eity assisted he _ Or Y6� i-nt,efd2d fee benefit peisens ar--heuniz'elds• •� 4—iz--� - e-Fa4e ehelds, suei: as, not #tttited--te; —these --funded —pregr-amprect-e rnsuant ~ •, the —Fede ra� � �9�i B �ii� L�-x r� T t�,t,3�idFierri--��ie rl .. Housing 7� a t i972, these f a t iii- ended'-^e✓•r' .qui -.sed --f efA t•ifne t o tAmeimplementing _.,. e - — ply L.'.._.�g%ai�ils a ' ettrsL� t• T et ---146-9, -,.ltd_ Implementing pi-eset eF any n-ye-Tmenta, age n e y the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably considering any sale or lease of city -awned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth (1/4) page and the headline in the advertisement to be in a type no smaller than 16 - point and, (b) except as provided below, there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. In the case of a city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city -owned property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city commission, by a 4/5ths affirmative vote, may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. Page 65 of 115 Vubmltted Into tho public, r©cord in connoctto!witi, 840 Its ._.i-- on _E ! - Walter F cerner4 city Clerk The above provisions and any other city requirements for competitive bidding shall not apply when: (a) conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission; (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and (f) disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non -waterfront property is non -buildable Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths affirmative vote, may grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements. The extended term shall not exceed twenty-five percent of the original term or ten years, whichever is less. The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city. T �.,v. hey e�eeepzen--moo-tom - hem require ez-sem-f � :ae diapee��:en-�.—�-i-�--ewetel eln, the eV i WX Page 66 of 115 Submittod Into tho put IC 01— 8 410 MOM fin connection with Itern .-s or►O Walter F0e111nll sales housing1 , . e�_f ^„-F=rdabi it _-.. g fit- a�8r- r in a -R-1 / r'." me der'C'tF-^ h.-,usr.h.. ds t � ...L.eye * ��a `�...`^ 7CTC�-lSC � RTT-RLTTJG��B ��ZiWP�G��'eT� �C'�"3,Z� e �e-these-previded f-er by federal nd/er state law eE: b�-t-he e,e9rAmissien.(Res. No. 87-678, § 2(a), 7-9-87/11-3-87) Sec. 29-C. Same --Watson Inland. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance, lease,, or management agreement, ____ab e use pe t�, Qr-l.ieense-agreement may be entered into for the management, occupancy or use of the area known as Watson Island for periods greater than one year unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, revocable permit or license agreement, an advertisement soliciting proposals for said sale, lease, management agreement, revocable permit, or license agreement published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18 -point; and, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum te- ,e -held --at--zhe neatr-eg +l aEl y sehr-inti 1 edgds eleet. The procedures for selection of proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. The city commission, by a 4/5ths affirmative vote, may authorize issuance of a license or concession agreement for a period not exceeding one (1) year, without the necessity of a referendum, for the use of Watson Island. (Res. No. 87-677, § 2 (a) , 7-9-87/11-3-87) Page 67 of 115 SuhrnliteL! int; f.:,o public Mcord In corinociiv with item ! - on AL� D L Walter F'oeinan City Clerk • Sec. 29-D. City -owned waterfront property; leases with nonprofit organizations; authorization to waive competitive bidding and referendum requirements; terms of lease. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, the city commission is authorized to waive all competitive bidding and referendum requirements, if applicable, when entering into a lease or extending an existing lease with a nonprofit, noncommercial, water - dependent organization which provides or seeks to provide marine - recreational services and/or activities to the community at any city owned waterfront property, provided all of the following conditions are met: (A) The terms of the lease allow reasonable public access to the water and reasonable public use of the property, and complies with all waterfront setback and view -corridor requirements set forth in the Charter and Code; (H) The use is authorized under the then existing maete-r- comprehensive plan of the city; (C) The terms of the lease require that the property be used for public purposes only; (D) The terms of the lease result in a fair return to the city based on fair market value pursuant to two (2) independent appraisals; and (E) The terms of the lease comply with all requirements pertaining to membership prescribed by ordinance for organizations using city facilities. (Res. No. 93-485, § 2, 7-22-93) Page 68 of 115 uubmittod Into tho public record in connection�i Itern ,�� on IL Walter F'oeman City Clerk UI-- 8110 (a)— 00 fr'� AFd c� —E ��t� i �� 5 �i Dov---v�ea - - IQ —i n --��i� B ^vc-t:'s�'9n-- C ttB fellewing weLads and phrases shall have the n e c'[Triqw'e-, unless seme ether meaning 19 -plainly intended. - ,The -e€ h -_ S eeetlen are semetAmesherein pazrame}&I�aR agicaphis areeemetimes L -r- AlGral 11i9FiAF�J— 4e an iffiPlYevement defined by this -e_ti a -rid -mac e --under the . _s__ns *hereca€— The --wer-E Go.. _46-S shall. be deemee-te r-efr- te—t-he--4.-Ay eefffil-se-Ien-e€--the GE6ty of Miami. A meq# A S t;C)j:;M ae;VG- 4 -a eenduit--a e-------elv-1- gro incl f er the pa7asage---ef storm water-, ineaca g— --aria-epic-m where deemed neeessaryj it may alseP . ti ti...; , a; �� e- 1 -veru evev streams er e e,i A --sass- --Y s ex he- .-&e ge--e€ Sewage--a+�--�rta�r ice► �-wher-e neeeseary. Th a eas a--eentr_ , ��ntien ia sh.,...., r„r—$aryrs--m....aa�.sanitary seweF rpt.—olr' _ _ _ �"'—a—eu, at eF eeaF the -middle e€-a--h4ighwa-}-- g--a-sever-mai w i t -k the l i e--e-f adjacent property __ the euL=b inn -ars -the -ee ay--*iegibe, being , but es not - ne-lrude a buildi g eenneetion, that is, a pipe-e*tend ng f rem a €ixt- NagaOof 115 8Ubnn)ttod Into th-. no �. F ^ 1 '1G �� w �`.�0 record in connecj%;orl t'ig, Item ___L on Waltor Foc;rr,-Rl! City Clea : mpr_Gv4m n.ts -cau--13eri zed 't a be. - fa ade-1ider the --pro F '�Tl'3.•'�•seerienafeelaseesas fellows - rti'',igwith_ _ �-C�i - er � .!eta --iilcls tzr�-c±-sr- and qtr, "^, L „., ryF rl. -^der-9,eU_AH6_�*d .--az adai3dseae gg ; ..-,.iei wed with funds a�Fa�at��e €e- #a a#wa e'n-nT-,.e;:18 eicink to int . �e ew a.,t 13ex -iir--z is ezT--o€ t= -he ee►� i e., , ,a►, -we-11 - a�-r1�--tray east- te- e- w1 ^e•.3e--e=-a part �f avemen ;under l A ti+e l ewm-Ts ccr—e s 1 r ....17. sz a_l i elude -the ]_eeatieno€----he - eIl ems-- robe- of ln4:teness . GQ 2 eiude the ng--aae f the.. _fRM a: F3 -cieurbs es -e ; date, r t ca s s— .—ba a 1pr-e�ents- eltide the Fti$ / / if the Ba ss ' ders, r;:he laying of seweiF , � r eya_ls, ae a seiit EHF-as-paw f t�-t ai - r erre - r e n t s �•F}G ��tc`-c� h-Gnc--'4 moi' ` rvTa-@ �C, �tQ r•�z 1p. A�r� � y y / ing where Bar ef -te -a4ld /andI @E� iRi1Sat6i3---Be-eyd-erve, tie— 1ayiFlg�vi'�::� sepat , i- ay"'a'jBv-h r E'Ll-v'e�--vwci -ov--rcorcna--ez--v-s rc _ eta I : -q ., - - - - --. - - i , , , aird may z Ele-the---e q u i - i t i- en by -pie e , � :era � , , er� es e , e f l and , r- h- , a � easements Page 70 of 115 SubMillOd into tiro public 01- 840 record in cc)nl7ectlor with item ,.....!' ...._.... on � ""�—d Walter v,oeman City Clol"t Street! developments A:nelude the epee+rig, ; den ng a i--ofIqhways and, if the eeFRmIssign Be eEderg, t -he Clagg 7. Water male impv vemeets ineliade-~h _a1 4: g of: a-t-r- �e tol expe�e-i�elt}des the feliewln i~=..~=..._, .. e:.•.gig t-heree-€- f-er aerviee re-ndered by any department _ or e€€i:ee - arat et -plans, spe a feat iase ,-andesan 1-1 E- and ,de--t eek --d �r i-eg neerg-er preper in eendue-li cg tkp p „,a. n7- -1- ems ,a , a , 1 L......eye izrc rccac.:i ecz �o—vz-� i'��ei�t•�� 63i�--�'yr��&3 � i-rivwc�cr pe^welced, Ftet ewned by the G�ty of Miami. - (b) -Au-t;h e --it;; o f G3. • - The e i tom i e-R;.4thev=e ed-"o--make-lee al - i tgr© er -And- to pay- the- east the- of as J.. -n -pro , e3Ceet�--t-he—£'?mRTZeel on still have no -pewer to erder r —eewev imprevement as a leeal under- thei previsiens e f this _nrarsd- l - r sars,a_c . c ral-,-4ieweyer , any ry.-.asE;;..,amen s aiready levied asad.—any pr-eeeeding-s already t�aken Ji:n eanneletlen with sten -sewers repealed eLz a-f€eeted�- d f..rther- epeeialassess. assessments pursuant to _'� __� __eed�s-mai-be-�od ax3der t 3 �F--macitrip—iJeetien -FelIR-1-tial 19�-G6e i"SF6. -4-i—A loeal improvement heEeiander shall begin with the eta--reselut-e - erte-rig--the same to be made under this seetien,indieat- g- .ems = `y t__...-_=---' pr -a-nd r -tutu �-he- givingr.�tz��@reueMe� by its material, prat„r.�aia� twe-ems'- more -suet deeeriptiens with the �Etfes t}�a�t io material , eattare, eharaetor, sae t4y determined a .- fe ; t ...3th one of sues, deseriptiees:- A imp-revement of eh of twe or mores ---e . of imp-revemeevement-neck not be-Fentiwaoua-and may -beim--mer-e- than ene--leeality or highway, --l�i*t--a Page 71 of 115 Submitted into thO pubil” 01— 840 record in connrtlai,I wit item 1 --on ---=q-�-�o W,,IItc:r roc,,rnan City Clelis en €eVffi-iR -the -3'ovemeeti, an A a A£ t 1e a-me—eveme;and -a sewer at er nem tie- rnlddl-e o€ -a highwa�ae aRar-#emsart-, D;9th herein e- -ta-ined ural l prevent the eemmissien prem e_xe�-ux _ a any high _ . . . evemene -that-pert len a€ -t -- highway w-1�-las-beer} imp,•eved by any raibead-er any pa -r% - n sae - iia -eq- i --e - rfRgre:ve—i i the so- ttEa ee eaAea:q a--iratei''€rent 3 MgiG. ement or -ester—M-8eWei. pe r, wii eh the ear. s s deems w=i-i-- be -epee i i ea ll -bene € i e ra-t ereeby T at3d; —3€ a—water€ ei3t-�f czrc-lis er ei�'e�,--'a the -r-ese�-u-tisn--shal_-- xd ea a t#}e -ef: the ees-6 thereof hich shall-be-barne--by the elty at urge and-�e preper-tient t#ereef whieh ..hall be speeially assessed.-. reselution may give an -j- -hert and eenveill- t=e-eaeh. mprevement e- eEed thereby. The-pr-eperty�-agaA:nat wb3-e4i assesements are to baa-fRade far- the-eat�t--e€ etrel3 a.c }�t�1p�E" designated ae �Ci -"e--'iv t s 3 et , fellewed bY.—cc--letter i�6Eii ethe:4.d3$troets, -after- -whieh it=-shaii—be €-ea .. .i:fnpr-ovement and ever -t-.1 by ___8+Kh de i -g tl ne ice-- all -preeeedings, assessmente, and bondg emeept in the -met ' e see t ien . �-��,�a-yr�a-�%�.-eaa--�� ,o.,o�; +-e,a ..r, �e��r; a�e�ti�uamet�t s�3s•G. -hall girder a----st ree t development ox: -a-water€rent er wa;FZ_ ...ai-nr stet= , se vement ; it ahaz i de s I g ea to the - p�y wh4reh---t-he -ape' i -assessed the ea of s:_Pe a beTi�T�LTf^ :t*t---Ue9 --aewevs d -outlet buta exell-36-i-►g 9 :. viii f9ewer , ,- e r .. , s and h, , l bear- net fnor-e than --i-5 percent -of the Peat of street deveiepments ,^a nt Meme than 15- per•eeet of the eeatof -erfEentz j.Mf9aFeyemcn-trg a-lid—Ft6 event of - he eest-6i—watts main ffipevements, and tie—refna-ia Shall be I-ly assessed —wi_.-In the—area —ef #-he reset—r`iro8 as it fAay in the `7 es- eF --he i 'Seedea, • tate-the-e1inxee of the eeft►�iepzefj aS to the r-ela}spee-Jal benefits as between the several lets and -gareeis wito}n-Sieh- area, -or- -a-s bete different ar• different -lteatienc of -pa epeFt Page 72 of 115 Submitted Into tho public_ 0 record in coiZncc'ion with item —1- on 0 Walter Foernara. within eueh area rush atat-emeez efes:.,; en hl-1--ret pa=e Fent the —e i t y man gel --f rear—s t o t4 7 d i f f ei -4+t- proppr el ? rp ina EE t assessment ro l l , -nee said eeii in t - e -manner- and -;-,d e ee.nditiens per.; ded —Fla s- anal- fie r �. sa 5 i e s-� ePa�eE3-,I --ei-C maga -aid--� ;*-i-th G t -0 1erk.. Premptl a€ter- the -passage -ef is3� ese!tatis)n;-the -eity manager- shall prepare -and file -with- t -he e tom+- -moils g�ane and-speeifiea lens e-€--eaeii--impre ent- ordered thereby d an estimate of the eest tie=egf, ineluding as estimate of the ewe nt _ f the reselt-ien--g ei{}ekes alter-native---cieseripti-ens of--mareEj;ja-j natiurre, e ie��er, an slee `Si�' ieh $z-Imate—shall show---t-l3Q amount of eget-and -' a . , expense to be assessed against preperty and, a*eept in-t-rze ease-ef sterni eewex -3 R4 =s; the eat iinat8d- am ell feet of abatt-isg--groper-t-y.--The estimate made by the ; ty manager- -0� the east of a -street dereiepme�t er a steEm eewer--sr water€re�tt or- water main impreveftent shall s` ew the estim 4 d amen of eest and -iii -dental exp-te be asseBsed-agar all property in the are of spec -j al benefits, but shall-�� show ert }` within the aEa; pr-&Pe*t-Y (e) Qg g t O FE ;.fop-c,�ueme��.1 The ee s t e€ i�+,-e ,em e a t s s t, ,, ,---rnelu43e, 4-2- in water -ter -€res -t and eta--eet-develepmest- i.-mpr-evements, the eccet e€ any property purehased, eenelemn d; aequi red, Inaludi g e9ua;IB easts, fees, and et-ki e4:e1ent to sueh aeElu,itien,- (-3)—daerages-goad er to be paid fer injury --tc�-pe'-by ehange e -grade---era drainage, ineiedieg.7 eeuvt--eest--s; -- att_=^yEP--€ees, and e6hr e.,,-..Eie 3.L wi cental ce the Page 73 of 115 Submlti:;d Into t1jo. public 01- 840 record in connect n with item on:.q-.� Walter Foo -man City Clerk e . a } j epi- � ea s' 1p ym. r _ 1-t a etre-€e•�-.-�;-tial--�r�r.-t-Y r r -any, strruetuice, an ( --she -es t-T-w#-e---ew in tihe-nat;ur-o-e .ages -9L= et -he, _ -(-€•-}-- '� „��;.,n �� „�. „f �, "'fie e€ -ele k�--t#e f:iIA:ng wlth--him-ex--herr a€--su , ertifflai6es, s'. a!A - ,, c��' e ~eity-ate i - - t-i-sg-o€ the and bets--, net eayz ierr "an --i0 days --r- —9ti-eh plibliearAen, the eeffifffik3s:ien will hear the 11 11 -said res lutlen. Sueh netie- .,,,StWt 4 ---b� ��,,.� �e terms a aer,=te a e€-� e- repseed Impr-eve eet; shall --state the leeatiestEeo- shall elearly--desevd:be any area of epe�i nefiis;-arid-shall -state that plane,spee: F; Iv - and esti », , es -e€ the east thereef--are-en-€4.3-e- 4i!a the -o€€ ee-e€ the 't eler-le. _ -E g4—;_]6� r n .v .. ; L oma; e_ e$6e� 93" BO nrr3i r n 1-'.��:T-irl� at'se--t-i iitc-niusrteE"t7 shall- reeezP.4- y e ee =ata- e€ int-ex-eet-ed- per -sons -a�-epee-l• e�tee _ h a+tiendtflen 6 s a e may be der .Y ,a ,., -ti,- i 4Z{ pr-9vefAent r eee utrien shall not be if the esti est -to whie# lt- relates --eentalne lten,a �*i� i -i �� --i rss,vt—�f+-x�rc►n. � �� eL s , rz ha -9 any de€ee- 'hieh renders lt; -veid ewelda-ble in whole � 3-�i--pa pewev 9 --t e e e m, .m * n, pttelz--eeFr€i-r+fta-t4ea,:the --zcselttties "etheIr with -t� ite-etr)rir�titte�, €rahe ell be -reeer ea by , -,a - - s O"-.e�be leept €ems that pkl,-,pe&e w a4 -1 -be knewn as the 'fimpr-evement and €ie +--b--ket-and- rsk3e3° Y + the eat asses able aga�nst h jet -er• pC�tk6ii tt,.,,.eer >,; ek a-kittte ti es 9��.•a p p ---berme€ .ii~ e�--�---t✓ �e �:r _ r e-: e mt �-e 7frtp,r- 2 ti a . a t, ek shall-^be--3rep� Vii. sues�i--a w t�} ti d�- . rsz aiz� Per -Ben ean readily a ` t= a S S eEl SfRe li t; aga3net --n-pie ee O -piA te;~Y' affected—r. Page 74 of 115 into the; public: 01— 840 rr,co(d in connection with itel-il on Walter l.ormarr, C!! / C111i"t 0 0 4i4-�a_m_wor- Of mak4ng- Gbj@GUiGn&_ All ebijeetions an... ement: "f t,:Z. -r-ese -- A -an e v t e n h e e 9 -_ I* ,a t e wh i e h ii #_ --)- - - - - Bqnt-he that iteeneains j:tems whieh eannet be pr-eper-1-Y ehar-ged te the pFelper-ty ewners er- th-at 4:t has -&ny--defeet- whie rc-_nders it veid er- veldable _'n whele -etc 4.�par-e, egeeeeds the pewer ef-the ee...... . se . en sha-I-I-be-maAe in writ --- ing-, . '. pe-sen—r-by atte ey, and E44eel w4Ah tz e1erk at e-r- befer-e. the ti e er ad! jeur-ned time ef eiaek--heaving. Any qbj-eet-i-e ain t t�he makifig of an ifnprevemefit� net--s-e-made shal 1 be eEed walved. The eenfircmat�en ef the reselutle shall be the final a ------ en ef all ebjeet�iens prest-_nt-e4 -lese p eper steps are taken by ebjeeter- J':n a eeuii-rz ef eempeten"wriedietien wit -11" . -1-G--da-y-ES3 - seeu relie., . after the eenfirmatien of any aueh Eeselutien ei-ndering werk te be eenstFueted, the eity elerk shall piablish at leaut., e IR a newspa er ef geneFal e-I-e-1-1-at-iGn 4n, fwl��_ -ityp he e- a-nd -44- the eistimated _e6f.3t in a newspapeF e &-ge�n e r a eireu ��_-en threugheat—the state-, a et4ee eall�ng f9F seale s r=e be Eeee�xvced by tke e-RIMISSIGn-an a date tha -days frem the fli=et pubileatlen A:n the leeal paper, e2 -- if S -M., $5 mAA estimate eMeeeds of said twe el Wie wer-k-, 1 -in I P newspapeEs, feic the eenstru - 1= ileas in &ueh resel-ut-4-on the eeffimissien deelaLaed i6ts Intz-envilen te have the werk dene by the- eity labeE Eercees witheut eentir-aet. The netiee may i=efer in gene a! tems t: he eittent and nature ef the -j--- ent er impr-eve ents and ay _Wdentify the same b the --ah&vt desiqnat�sn indleated in the initial reseluti-&�d by the plans and speelfiieac-4ens en f1le. if :6 initial reselutlen gave ative deeaei4ptiefls of the imp-revement ae to- matevials tuve, eharaeter, and 9 . se, and if the eemmigaieR did ne a deserip n-r-4�he natiee ffiay eall of sueh deeeript 9 --.Ne eontraeter- shal-l-be ?.-equir-ed te Gake bend&-, waizEants, er- eert=-ifieates -ii-n payment; --payment sh.aIIA be-i:nad_- In eash upen meni-A. estimavzes ef the eity manager te an ameunt not greater than 97 M peree t� ef sueh and the halanee ERie shal-2: be paid in eash within 60 days after aeeeptanee ef the werk. Bkls may be iceqiiest�ed fer -the-werk as a whole er fer any part theEeef separately, and bids Fnay be asked for any one er- 're imprevements aiitherized by -tt-li_e- BE different reselutiens,4b any bid eever-ing-vier-k—u.-�nMer-e than ene aLFRpEze-vement A- 15FA4 1_11 -be in aueh ferm as te pe __ separati- , ef eGet� as te eaeh impi=evement. The netiee shal-Ir r-equlirre bidders te file with their b4:ds either a eertified an In-ewsr-per-a-t-ed bank e:F tFust eempany -2 ef the ameunt-ef the bids bid band-. --T4iebId- ben nhall be in 11'ke amount with eer-peratew-sur I satisfae:t-er-y-t-e -the elty te lnsuEe sz-he e3eeekAlen of a eantraet te earr-5, eicit- the werk.11B a -danee with sueh plans and Bpeeifieatiens a d Pam 75 of 115 bi it i od into the public r000rd in corgnoclion witil liofln on --P-' q- 61 Waftor F'OQUIZAr) te-i ee is r e the fi , at --trhe-maklng er--eu eft end in the aane enz of t -he eontraet priee with suT-et-kes sa-t-i-s f a^ c^tvir-y--tce---the a leTRiaizage-z---i e n d i -t i e ne d--vz= t ie per€eFFnaee-- ei tie -worms ee with sueheentraet . !P. e eemmissien Shall have the right-teejeee bide- aEe rej aeted the -E~ef'cfflisa=en--�L. [fnreaelver-tise-r-t, -e , eter—m - t© de the work by the ait--iabeam €e=ees wither entTa-e-t . a eeetEaet- as been entered i ate--€er—an Imprz�vement 6 -der -ed i3 a f I y reserPRtxoaar-a-€ter-an a.*rthrImprevetf+ent to be _ by the eity's-laberferea-has been eempleted;-e:p y- man ager shall prepare and file with elei}c--a-�e��►��ta� assessment --e!4 ..h_; eh shall eeain.--Gn��e=iew� 4 6*€ bets n IMO s_ f.I, *�--alp-sfi�stT-- aori__ _gam---t--he !eta and e e f -1,+^z �1-t he -e a- e ... t e r G ren a ne��;ft--eewer a -v ierr iii 'ezavc-all'-preper-ty dee A_ d b he eAiH�3s$ h i••ur_m�nt� rrrnnl i �Y i nn rn lr; -,, , r__ : pee I benefited -t-hereby, and in -fie✓ ea-ae—ei the ether i;ffiprevetfitent s aha 3 l ine luxe ,,gin '^Pen #t -he td -or -i-n-whieh a aaexeept-a--e�tr-b-seweL-, is te be laid and the 1 n--t�� ewes-ef any -highway in er ,aleng wbinn- side -er sides -.a sidewalk is -ue-e enstricie-ed g rb sewer -- ail- irce=dee vir-zre—flier def; zed; there shall also be an- the --name-of the owner e€-eaeh !e er pareel,-where sue e^an-mac---samear'taiaed-, and save —ste m �- - =impr vements, a statement ,„e. f the e € € eee--.o-,€ r - - J as abutting, y �,r-rccc-EJ�i-ai �, be -leas asthe frontage-. in the ease o fa l t reef leve lepmen-t- e f a e -t -o_ sewerwater-front eE wateE ma- in ifRprravrment, the said-- minary a-saesament -ellshalldeseribe the prep } -int he area I e f apeeia! benefits, but = i—the area of —e'r eC-�-4 a! .JcL- �'-,ief-3zur Page 7G of 115 Subrnitted into the public record in GO011oction with 01- 840 on 8eq - 0!. Walter. Forman ity Clorfr the ease-ez4--thway 4-m vement , a d serr_r' '. en e€ any t3aetc etc t4r-- ---!read-as-herein- :e€}cned--alr-eady laid- er fe,r the �a�-nq e€--whieh any€ranehisa has been granted, within. the pe- ed ; the ei. of exaek}C-S, the d1stanee be6ween t'e-t -atmos U_ A.' between The total eest ef the..,, ;,.. -.��i �i f made by et -r --g h a l l I elude t lie -pr ie eQzat'ed e tri _ _. t aid alez3t j:eff9 €9Aiid-ncce6Bar r;-an,a.- -zz~zc cr:earinee£ ;. ta_ated. if the eit :9 te- ao tie -wed e--ee s t-spa---inei-trd e the e t a l - t.fsa i -I wez and t• -he --i ne i de ete l-expen s ee , aetival e r- e s t i ffla t -ed- 34 the pr -e-1 i miaFy assessment -vel i --i s - epa re witele-lir-a€terthe eemplet-Aei3 eZ_ tic -:.erle, whether the were be -dene by ; t,. ferees er by „traeT the total eest ef the iffiprevement therein stated shall b the a e tui-ees t . (4 -)—cars af---aPier-t' fiol-4rews, ef che-eest-ef eaeh impEavement —4zc-.� -4--le--any ; l i -„a as i-. ; .n defined-. t;he--triaek or traeks eF . hieh-fnay--b in eia upen-ate}` pet ersee ; r -t --be -i-mfl d-ate--te whieh any f ran se €e r sueh t Fae k. appert-iened the eest--e€ sueh iqp-r-e;:-e�t between the}•.--. .Y 1� between the l F h -cz-�xc�--ai3C-�-�ccvrcei} c�ie-i•srr:v ArE&@xr-traek---And- the rcthe di s tare a of !a i n s eco -beyond eaeh te-r- rail, i ne l ud ng switehes and rh ....t , .-.t shall a-ese-eer�+e .+- � �y eF �.� e�•e--�n e8fi€irmed-acja4+-fst any siueh rallread,• •- shall eenstitute a -lien upen all the see - a4:W pvepe_t�Y-the-reef to the same -extent: --as- et -hr a.ase s m i s s v i d'ed--f e r eenstitute l i r benefited preper-tyj pvev-ided , hewever, -that. -where any suak Failread- shall -epera by sueh railroad, the-€er-egeing-p-r s -t -e the eactent--t-hia same----- may eat--ee--ineensisten .with any sueh orda r�a�ree ; sant ra et--ei f ra; el -i se . Page 77 of 115 submitted into the public 0 1 + 8 # o record in conncc'ion with item l- on -Ezq_-o i Walter Foona,-.1r1 t ity Colo, 0 ! - - - - -- - - - - ..- that part ef te there shall b -e - ---•-•--..�.- l v.vv�. a-c�rrcc'izt--7rty� �.. t-he--eee-t -1- ct st r-ee-t e _ lets afhl--Par-ee-ls w-1 M14 beret- ts, rh ��-iri----'�'f� a h.,o,�.��j-fes}—A •n �••K�6'-cr��l;F�i}}g- B3"Fi�rzrt 4, 1 � t.. the at -her 3emt-nds be 3. the t -S yend highwayr imp e --be outlet. 1-6i9---•t33G Ri r7' se be apper-faiOned the eest of Page 78 of 115 SZubmittad into the public rocord in connection with 3 ' 8 4 0 item _.l.__.__ on ..0:.E�.QJ. Walter Foviri,,! {-vTi iT—T40 -a , t, ti g -casae p epext (a) th ee �u&r-ters-e€-the eest of --sewer (e) three quarters of the eee�ef=r-e�ghht i- -b sanitary sewer ear eept at inteFseetlens as quell e9st-,-�s estimated by -C-13e e2ty magex (-w-h-i ebeve r be the lesser) Rcpt - ne l -a ' n _ ' == - inn --e he eQ^sz -e =--pmt . T },TT{ TY-'1rTiZ'DT[TTClMPRGVFMFsNT-S ile) -- oat; --Te the ei;6-ehrall he ,,,pari- � t t rr-- ef the easy -e€ wateEfvent impEevements as awe been det-e-r-m-ine-d- by the initial res the --d4strr1er-shall be apge-r-t-leased the refai -i-:- SOt�-tott€7m-w�a-Lt�eZTfEeat-� ;te tB. T T..zN-- iarCJ�'Of7t�ICRY1'�'GF S11DS TIDTTT�AL L 7'TS Asps -I= C-14"s--C;Q -heNe€i is e ---i rzntag.�� ame;unt e € t13e-eeat--of--w cicrizir s . e l ...a , �- ., l,..t _t ^ zee-�-c.-e �r �r l eta andpar-eels 9f lamed, --shall in -said r-ebe assessed to the sever -a! ler., and wzthi:ig2the d: i st r ked -i ge-r deers to be in the prepeEtl n =9 epee .._eze-fists r --r---, - eaeh eueb-- let ser pareel will reeeire;- -asc -the amount of eest ems- eaek --high ay, eldewalls a d t , e x ep t -later -ale, so I - v htighrway-anal--e-i-dewa1k ifoprevemestis-!---..e-ea- ser--let--e shall be appertlened the eest - e--lreeat ebW-- 4i rig that pe rt i en of the lens e1—d-- -e f 3 e� in-exeees Of 50 feet in to thte-eest.a-f t ie let The amez's�—t-3e wast a r— f e e t; e rwater- main--FE?3Le� liE 3 tg Stec --M Bewe.- scateEale in 6he-rteterm ewe Page 79 of 115 ,jubmitted into the public record in tonne lion with u i- 840 Item -3—on Milier i=r;orrri�-i • area—ef upeeial benefits -- eper6 erg--t-he epeei I benefit -s ;Ai4:eh tie -e t manager- dee+ws---ea-eh sue3 iet 9F pare-el__::iii 11 rell adv}serry 9nly- and shall be s -the en as here�na-ft e ; aei . z-- i -e-. assessinent reel eel -_by Wa --'.-e-tie , the eity e r�tsi`r--Alia-14 publish -efree--i-e- _a4__h €— we sueeeselve—eeks in a daily faun the elasE;,-e €- t f *t -€tem r a_-- dagw 3, -_ x n r�-:.,r.��-� a l.•E�--en a d--h'etom', net 1 dayq f, !- e- date 441-}--clear-ing-cb3GR S agaart i QNs the ems,,. tom: a-tie-and- � _ ,.e the- ..,v; ting -of all interested persons. Then - the eaft-er,the eeRiffilssiam all either annul or sustain, or -part the --Oma--€aerie aseessme:nt as Edi t- �n said r -ell, est#eE by enf; r-mrag theprima a-e B-t�i -? I 6---- a er e-uiW.^ 3 -be( ..,.., by a.zteericing, i '" eajeing the same, aeeerding--te—th--epeeial benef-i is—,ohiah scaz-dr-eemmiss36�t dee i dem-eae h said let ems- gar - has - e - - = - - - - en aeeeunt e€ saen-imprevement.. if ep *t .. be eG az benefits ~e he-preperty tie--as9easi entE3 a ee ' er-t4ei:k-e-o the opeeial cz at....,+ -.L, after sueh asiBessment. r -ell -halk be- tq the di-reit• 9f f, eln.-fiis tBshall b e f ; ., _ , a..- neitis cite--a-xeegt---ars hereinafter ; dear. { e�—AssessMonts j ot--an a. r -is s - of - The ce rt1eieshall e« eaanynfirrmi. , -+ ��a�et any -let -er-pareelef l- and --rte -e eee$ a€__ •tee tlieEery€ as last fixed 9ev-taaEatien by -even betel€--^ef the eit•y. A-ry-deficit €r -9m the appliea-t-menref this ra ��.�" rrra i �i vi i ehrai i --be eh ed tetke--e -acrdgeneral e _ _ ✓e Page 80 of 115 Jubmittuo into record in conn©ction vvim 'tern __.L__ on°� ' Walter J"om nni _ +---c?�c a�'-be {.' P�.ge 81 of 115 GuibmiNd Into the public; record in cornocZion with item on A:I-i- Waiter F-oam Gity Ck"I'14 01- 840 Page 82 of 115 �aul:` lit9Cd into the, public 840 rocord In connedlon with ItoM on _B_ - q 4_L. Wa-Iter Foci nuii City C lor' -- - Thirty—�fter eaaafi_ the aeee$srAent=s,--z#e artlotr� ,agent : ened and asses -sed shall be -drre arr a€€i e of tie di-reete} 8f f-_,,naj:jee eX£et mecca—tie _.., -Y p inelu; ng r -a =-mead , L e l I n �€ _J' �eQ--,�-=Pet o e --i e -- the ""crrev—vszere = be due and paya-b!e 11- as-a_fseer , � ^�_ but -set- wit--b-i n said -'� the d ., of the eeur - Ye -;--bet- , .*-tsh a ! be -haw F£ l feE the ee .- ie- r-t-e--previde bf' -e--'-_"= of aey1e-erparee! assesseco--in exeese -"-tit i-€ tie-ewn ef-$i5--:gin. 1- file wi-L-h the dire er ef- inanea en sueh date an whto e�t� s 3-��eda w r i t t elf- un ier t a k i pg nq all ,,, -, ; ,- f---&nd ail{rV ith-the said eessiH e -h -.-et- e---pa-a5eel, sueher---e-hal-1 have --he -pr4%-; , „ of pay -I 1,9 tfreaha :8 etc -Beed -i may: be- fixed -ire eommiselen, at ehe time in ; d year -e -at whreh the-gene- eity- ties are--due--aid p----"- with. inryerres sem# d -e e� red -3z „� n a r, e -at: --tbe �e--oZ -der a e -pew- -a r�xrr► ; pa-,�je date sueh-aasesemenfe wo, , tie -i -f su-ander-taking --were -net--€fled; anel upen the-f4rlin9-e - any f3.ueh--undevta1e1nq, the asseesmen69--effibraeed by it ashall be pa -Y le at the time er-t ifr+es se fixed, and wit sueh inter -est, -maybe p.i" atanytome-w-i,eneeo --i-r3 sG ater-ued--t hereen-and t ha lE -.€rim=-,. 'la ee ate a the-- ext s-ueeeedinq annual y%eri ; prev ele , he;iever, -t+at e ed the nen �3--e r-�e-t�-�re d-�a-3.l---;e-dQet;, r - =. �n , «._ - -n- l Qe the time in whkeh- a ental a -s -t -e -a I81 r.+ses ma lion. gni 7ro -- �S a f land sh,, , >^. �i-led: f-� r» > ;rtch�77mGn1�6- —z2-Ic t said--a-s$essR«�— a&!! eenszit..4_ _ .-- assessed F...,...., t€re-dat=-e-ef the -passage en open t�h e-gr9per-ty se e tfre-��tit�r or _ r irg -t h eai:rfrgreveaent-- he hai i be a f -ate --same n a t _-re a -r -rd- t ei t ae-t-be---i-ien f , .- . taxeis and shall be - eez�e-inC�$a�re �r .,,a ; th-t-h s--a;id e as te- ----Ie a-sd--€er€ a itare -a s -e i t y - me s are -eellee t ib le . C -o, , e e «. ; .. F9-ieh nt-s gay--ai as be -a to fereelese tee- lien of aeeessmente as a- � Page 82 of 115 �aul:` lit9Cd into the, public 840 rocord In connedlon with ItoM on _B_ - q 4_L. Wa-Iter Foci nuii City C lor' -- - see -h d_l-- nqu_ne•]f--i-E�a-id with all penalties, Wiest, an ees is , -€ems i- n et -a ] 3 e}e ate$ e f VA - r, E i n e -i r a z s#a -1-1- _-e ae -se y,,„�_m - l be— due, ,ori- - �1- 1 r the 77CCCtct n' �� `"�� b4fRes - set fer- t -k n-e=—ec3 a b}+-- said --w r -4 E t�p1-edgad tQ gay nrti r,rr i } 1��--c&Ad- Zai L Orce"to _ _ _bGndS 0 d epos l -ted] to art {d'�•�.��,�_f ..E jg3, Gap! ta4 --^en 4 mr,r�rrc�,,my,en yt. f_f f�T A I *-�c1Y the fj:rrst daj a="l^'e` ssRi"ents 'fna'de under seet i e- ageet , 1923, -and -hereafter- ssinee.�'the to be made;��- ]-oea1 3mpr ter ent ,-finaneed in whele er in part Er-ef-thtepr-oeeeds-ef Bends i s etre a under-t3e -fir^, . e-ef this seetien ar-e--hereby pledged- -te the p a --t-he-�. ,--gin e ill and interest e f t�E bends a�-�i�d�--t_i�-' t d ed slfliee the t. „T6_ f ir-st day e f nu gust-- 192 , ems --hereafter- to be issued, and whet3--c�o3l a e�edbe-,1-meed-.i n the fund mew k wn-a s "impr-evement fund . 4411, whieh furca- shall make no d ' separ-"en er, among the a.tit"e-a��v for -•-di f— re'rreH•t_- 3-mp*Oevement; and s , 1 1 -�e- kiBed-selely fer the payment ef pr-•ineiiya and -int Brest -a= sueh bends s the-same-€a'1 or- any of siae #assesnmen6a Made-bader this etAoto-f-a=-leeai- i ntpre=ae�r+enta for --whierg-bands -are-is Stied under -ate --eta ee this eha rter-or lthder - any ether qeneaFal-cam-spee 4-3_ . , ,- i w er f__ -wm eh -ani -et -he r ficinds FRay e4t-,--ma d ' pr-eveme*:tfsd-no--19 be as re er- -#3e -a c es. pledge -: t of t -he -principal a��n_s er M -a :---be a....es; «ed to of .i:te:-est t=he e�Fedlt--ef- any -iffipr-evementthe e�J ty , as the -eemmzl i ae-•-a%aI4 deterffline . ( }-- n a i so as ee--e a e r t -#e e e n f it-niat _Ji en -ef t•he-reSeluti - 3 nlp e fle .= � t -s ,t—t ce e ids -e f the eity- the payment Ae-e: i -re eest: er any part theree€, - ineledinq-*�n idental expense, -aid fer the re iiiaur.-emei+t a f- any -^r--the--e z a* -t -ef- emueh-a e s t shall -have t he e t 9 f^ ic e h u i-AOt- gr eater han the est ilii -ate -herein ineidental eiepense, whieh estimate, if initial rreselutlen $rnal�z-3zu -n,ve aicnAat kv,. ,a. .„, _jtnp= i nt by its ma rc eria l , nature j eha-raet-erand -s-i ze , -wi-t-h esti at. ta eh d esp Tali --be the fewest a=sae# e6 t• -smut -e -s ,--pu no -bonds shall -e-= ': n e3eeee s e€ •_ h ee mt rate t pr-•+• e e and estimated ees t e f reiden t a l-e.�pe-•ee$ unless stieh ben" - ave been delivered er-seld-er advei: sd €ems--sa1•e -primer--te the R-'- fez=.--eentraet. € bonds —e.r}'-e--a{Fuyc, h e r i after- zea ,..1-, .., a r a t� � made, they may be 's-a-ued -te the full —91- �� st and the ameu-nt r lie 3:ffipravement and the e s tiiFAat-ed- n=eidental e*pense-i-a Page 83 of 115 ub�nittod Into thL public rocord in ccr:nection with Iters _� _.w _ ori _ 8 -q-ol WnItcr Foomori �z��'-C�6R�1•• _�_� r..... � �.,� t. +r.. ,.�� FReFrt-•Br�� _� cnv-�=- -rte-•---388cc—vvn� E= the Ee --seri s f 9 Y --a-1 l e r -a- � -a -�1}e- �, more in rig-_ t -13a rr -wc� T cZ3-F�-�l-qifi—cczc=z d r , �- '� ' '^ cf -r„ r �. �i-seri 'n"u� ' , ^ hii uQ"Z1"C�iit QRZ L'/ L L•. 'G::�—Ti en3w,k be the Brie—,� e—cite-e ab eued--oma ._e - ng at; least pt ef u�' eea se - ��i ��?a--Yai da-�-shall-z�et-die bid . �, r i re _ _ coed-U#a-t-by. erued k33331etizp-vvc itheut L, '_ e of the'$e isssuehaS �$GiIE'33-a be -sell tib-cZ :., e ibl? a-•R.a F -. 1-.'1 e : 9 -r--i i'ejf- . er as Ice �___- , , r� .��-B�ire12- e6i3E�3 �0ii6-dam with -cnc eeupens the e crzczcc6- cl� -a Ci ef� - le-czcc�-c=• �d __.� Ve-A.ded - - - to t�HFtiiK39E3 8i� i ,y�� eenee'3,'vra.-"�+za - Y �-P. �"''--E3� ic-- ----i sa-- 4e.,. b y £i•_____Gi�-i.�z— ^-ccre 6 �—•i-- limitedother- �� P a ---ems"' M . h am_ .. h all a - -.s� pr -i3f ti. e .=ed I +' ti^ rs= •-t��iC--�.-@�1aE'-}.�3 �-Gti"Trcci �=-A,a. t" ^' +•'.'i'+�,'' Ine th ge Page 84 of 115 Submittod Into the public record in connoMon with item -L--- on I Vkalfer Foo ian �F .. be r i ' _ _-__.L ..,...-, v�•.ir -gyrus canid–ref-e-rendnd ii $hurl-'vc--3 �- •� , w F n v. �i r� � 't}%�.�1 �' T '•. � .tom -FSH—ti�3zo-vs - i cuage ins ei* e met-e€a�e�e-w ker �-r=-ea11-e1 v'L^"the- e i Y ase_sme and= at _ ez--�-he-j-ee�a�,ee-e€ sctie-� a ente .._- -- ee� �e-p�aee=se-€ens-rte=ems-e�-e--ag7 , . � F3-�sex�-�r-a-�s-. -r � � e-�u-�•��e }--•Ra -i- i a r em a€ e�a3- 1 , j -j-c-�ave �—�'iti�-llrV s-ra. .. .......--_ -•-- --�.. ...�r7y, ~�_-s +"�n�f.�� Sec--ivri-�3.8-•�t�i�l�-E'�--� Fr-��i �� , of c eta r dee---aid€r, re--- read sz--c {- „^ • , .. H _ and a tom.-=`�Q---the •r -a- fq—ed, the ' c � 4- nom. ed _ _- - aseeeert�e�-� e�}e--e�3 -a•�-�,�le-�srszv-shier-cx-r�e�iceep"-�-a-c--u= �-��-'$ this se qt—t—ri hall be -issu fer the Page 85 of 115 sublmil x] ',tto tho. Public record W c or (, ItIon with item --. on _>' q_.Q.0 V c filer F'Cle,11W) • • as} -met 3 -tee �€ hea g Of GbjOG910nS *„ nG-- As seen as any vea3_ h_._ `'" -- - - .,�ecr , z-�'�e-eemml�s shat -I eauee a net-jee- to beneo .,.gape e f era -1 e4re latio in the eit-statln t a meeting o€ -tie -cam. -t -y eemmissign t-9--Ige 1. -1'a- -zc- ^cz-r�ct+=i3 £ a -ai3�- 3eti ; -rae €e er t; 1:) a 1v- as , the eenwi.-sc _en wi 11 €teams any -ebj eet i ease ef- peiceensinterreatod-3.-n e3 -a € f e e t ed- by the said t a t=he aeeep t a m e e __MI � ccrs uL-ci-vv;T,e ea • � . = , a-ry-r--a -r-thereafter-^; er. the rbc X13 -ed� f-ca-r-eeures--a�-r-$e--�aFie, T -he mission'per ei,► ewnei a t:e the Event, }t , that sa e�fls g-1-avefaent-e-be a€ -value and ,til_tf as a a -r -t -Of the a grave+ te €ems- w ma e1e ; u4w1---fie eemnvi-s a --a plan ... f-eF fim4:nq-afi der=er-MIRI-said lie . nre4ui�-a�-s'ccrs�e d•*c- , - 'c 4ee) -Per.G; 3 ticm b3, assessments he p ,ded ger, whenever and has been --aero -or-9,a raet; dea-rested-a-s late -EF bleeks ee_L 9�6rerwise, -and e -owner e€ i si en by- t:-te ria- s� akace e a- - therein, ar-�-Be any-4-a� therein_ refevenee there lie a-aee cars�bda.-fi e-whet�e*- o -mot---plat theFeef. -( Eld )"�'S7i,3, .C- -G�Z ay�, ".,� �� e�•77 c+G r. to n it �+-,_-wii� 1aly�-si- cy'1� t"3Tc-='-e MWEI- - ,�-&n ,s-l:iall have peweic to _ .t L_._e rri¢.. and e tom- ie -_use vim"'-eur-f-2-ee sewage - here eenneetiefi ; th n. ; es�nrx ===--- e impraetieablej t Fegi:., aged eentrel the oea-tieen—e-uetien,n+ enanee,-eaT-e-dee of t he --see-; to eamel the payment -tre- the -eity of reasenab=e -cv-��icrrize -Baid L'haigcs a lienupen taha h= see, !an.Qis, -and - eiii-ses the e9 iaakeR--i e _1eraetlea-bli-eh b t, deB -rey-,--and d ti", cesepeels, and all et . 4ee) s„ -wra�t e -4al ir-ria kidai-r-ita4es a�iF 1lc��_7 g6 n—rii2 -amu NaF3e--o th! aet'- Wing ,a to ;e an -1-9e, Page 86 of 115 :3UNnIttool Into the public record In connection with ROM _ on 840 Walter Fotaamn cit;, C � 4ffWevements may be ma4e,--it--is herabaaeelrarced-taut:-•--€ e ity e -f the-ewdP4-s €ems--erten—i peeve a9F speeial s�� . �., , , , --affects the rights e€ eald elty ems its inhabitants er the ewners of peeper-ty assessed fer su 4-€-} ___QQQea_ —tom ienv" rnir.galc6ar..--In ease e€ aiiy._- maki nq-t4ae-a ee -s ,, er int --ease o ff i e i 0, un.leaa-the eerA►is.ejgn--eE the eeut determines that the assessments aiready made- fi-Aly-- equal ---I-e amemit-e<spee-Iai be.,..,ts, a a lien--L-e- t ie --same emtent , be payable -A gym. �e-saTAe-ma,*Rer-, the Saffle -Fat-e 15f ein-#e et�bj-ee ass ; and be in feree and eoi�eoted is-��e same --�►a�ne? __-eta ei491asa l assess.r -__a Sper- e€ -era- awe eae+e ee r t -i i` ied--azo--e a r -r -e et—by the- d i •r e e cel -e f ft n an, e --u- 14: 13 e a dmi s e ib le i n evidenee and s ►, a-]-1 be �--►a fa-eA. e p ree€--e €-•the asse9ament and. .r-whieh such assessment -i$ _1eNA _J1_zd wiany se#eeI tristete€ er et -her - pe:, , ►•,.aJ_18_n,-.anelid-er partly __,thin the peasess the e- he same-dutiese -a= -i ab i i i i e i e-- a spec t e€ -s said tie t -e-- ti. o_,� real preperty -tl-a wneve peasess ev are subj-eet to hereunder, and see -i rearg�ege�$=- j 0 ea4d-oattr�t�,--p��. d�-6cx-3et9, and peldtieai vutisr'�3v�skez"rs—v#u� he siubj eet to liens ger -said assessments in all eases-wheEe t e preper-ty weuidbe had it, at the time -the- lien -aZ*taehes—, been e. -S_J ewa:l cai-- '61 877 WIRtw g; �n.7 i-r�oh Tti, •• •• ••,•••3.$6 -9TH--eilc �--13r�V� 6he-p by rese!,.itien a r- 9:-, ; n _ e e --t e-pr-ee er i he-t-he-w!At-h--a€ evA j{--t3i ate_ i Lin y ti►, ti, a the material- �y6{ ..:�.'�^---..-e B,,a�Fme, shall _L l l be - eCed . The rr. �"�'i7'reTr�all have�e--sen—stleh H; -i _ ^ , e �. as may �- /eanstvuet, 1. n f reY't'C'�77�' nttel3-ire tee ae m h . resel-ut•ren e a - e --p - bed-1�.1 = - - - - Page 87 of 115 lubmitted into tiro public record in connection with ;� � _ ' 4 7 Real .-i- on .q Wil_. Walter Foos-) Ct l" �I3C�•Y-vv7-�i , -��n 1-4313�f; �� r , Z it a ne afHA—TTres-y' riralEe—ti he sage--exp-e�r� �4 �.. _.._ -- - Ehwith mel UnIess Of-LOe�a�}Ozr—biz « 1. se.V_jz-��z -�- �3 n�—t 2E' Its e r T% '0iii�}}�-G-rr1.-�r�i1T� a e��y� Yaser-rr1s t tc3i ee— e -gee} �e e vch e--thereof Base, land,„� owner', the r --gr�d €emseqaal sh1 be -I pay e l r l l .ran_r�, r_ �' �? :rrc�t" cc�l7�� . nuC tThTe-V SL�ol l �[TT�i V �.'. C _ � a- � r....... 1� � ei. � ~ � � �'7 `'•' t'Sieh i-. i.. e Y `1 Z 4k•Y�� v bbiiiefi a whi erdev Page 88 of 115 Submitted into tho public rocord in connec:lon vIlIM item —1-011 Walter eur .-ze e0of o€—eaeh a e a -� t u4eh sa this�- =--e-� Page 89 of 115 ata;,ntiffioa inia ti'lt� rocord in connoc don with itom —Lon -�11.+ Walter Foeman City Clerk Sea .-31 .-Temgoravy-bonds 722 -mil �n of the ity of KA.' , � 'te'selutie , T � e-boma of the eity, bearing t-Preg�-a t net merre than 6 r�e�e.Y ale _athe anee '" .e --tie s€ ev thereafter-, €er--th e f eevyen t revenues, fin it43 bends at �; Y �,�+,,�: �,.� n sueh revenue bends eL-re*e% r-efun b 9 e a mato a later- than the elese of the iiseal-u -the samer A4 , exeeat--tharevenuerevenuenue e-1UF d b. � 9-a t e - last - three- -E)f any-fr�86a' yea--- thei m -said f-i-sna l year- gr- at -any -t�ei n - �e€s-tie-ce af vevenue b9nEIS, the d: 8$ce, ef--f4n:�z--e-shall sabtn:t to tate--eemmissie -a. - (a) the ameuntuneelleeted- ta3ees and r-eveni;res--e€ ee_A4__ jC4 sea! yew leeted tames fer- the ax'+-eat—f3 eea4 yeaE, 44 the>rete€ere levied, but ether- ' 1hn h� tay levy fer- the p-eeedinq fisealyea:-, gees of rt rt t er-eeF remains vz l i.cctie.� •tr, -4- revenues f v the (d) tie-amee3rt of --ate- tarn- reve n ,b-r-aeed in 'a and (b) and --(e) ab eve , -:.moi eh ,ar-e--eA:nking ►inde ter- the gamant-e€-- bends -teat—}ng-after- the--ewrrer t- peel- year-, a3�d 4e; t -h e F a e ,1 ire e€ -a!! s7 net ems; and ether -ez yob gaff e __mau_ - __-_,d., w h i -e h _ _ayo p—rte fixed t ' whieb-by t e3 V�_k,l-P_y,i t'h11.1 ene year and L-hr-ee-fner*t hs- £- -the-date e€ t hem -zea e� le eieeept-net-es s S - -Paden€ the �eeezFt ef the pir-Geeels a -e--sale- f bends. 8 stanee 6f--oeueh. atatemeRe -the 6f f inaRee shall --be r-eeiL-ed in; .zreselution, and-ne revenue --bonds shall therein mac Page SIO of 115 Submitted Into the public 11 0 record in connect?cin with item 1ori B.Lq - d.L. Wafter Foeman CRY t-'ta--- whes €aee ifaS , I_Gg th with the affi jt ef izefli (e) above, 94a!'- ,ubtr-aeti=g-item (d' f --em -the sum of iteme-c) ,- abba�:- (b) : - ouextix ��:e�rre-� =els-and revenue by- -ti ,Frt eon apen isueh, term.6 - a may -leet--but shall net be e l d _a -t ----mea-- thafr--tea --ra lte exeept by ane �R withgrAse the .. than a o ds=eet=er of oma -the $.199t --but said resq!U61ell.,aY .,thet91E1�1_ to -se c1-;r� vi3E'-c}iRe-O�- moi-Obi--t-Yfiie z e time T; -P ; 4 f tj;a_t-w-afjy-b- the maxiinufft--a te a€ besd-s--te be i9sicied, the Fnan ---a 3-nte rest,.. d the uff�--� e - e . h , e h -they f9a jy-be--_^,��r Ue--Pveee a ef revenue bDnds shall ise pai d- into f be _reaaury o� t..e-e li ' i --:Alice' tie -un , , e..6. i t-,e*eand -revenue apit-i-e , and .- e e ti -fund ev F. ,.,d as ppay _ e -sPee--f4ed--� t3 euel3-r-eeo1 t' h,,,-_ the-eami-se•ien shat net a epr-ia-t-e--any -e ee ecie—int e any ene €+RQ-bka n- e a g-r-ea_:t r-easeeabl¢-be-repaid .- h F fneet the ^wever, 13-bQi2de -ate tlam-tFbe-va;.-int -tie�� r,.,,yyas� tr t `, �'F '6- F - ; l , ., -"t y--sule#. � �T bend-ty-tyY -11 net "be—atf-e�e� C#e—cc3 F _3rree-114en. The preeeede =eddi _t# the !aat--t em -- venue -- ;g -beads shall be -a f-er- -ivbasretir-eme., they_ are issued. Fex - t-#e--gaymGqit a€ -eat revenueh..��-s -reveRue--Winding there the . ,aee-ef payffient a#all be at sueh 'est- ,.. n y,�-la��e��,,megr-Y, ., F_LY�'Gnr The— lsemrAis9ien arts hereby "e -t: .. c- able ..,� _/-L.=Fi the- G.k * eall t-armee- astirneed earited gid_ bends aboolutme dlre ' a-, i,' -;on ef the --lid— h ., 1 he a ty , in eaeb--year-at the tifne ef- the-annual-ira ' be nei—d--tomerasn a--taX ef thar-esh-a, , f y revenue bends anel a_"J --venue 3' r shall -13e >~ 1}e 1- - ,t -e€ f - ems- �=e- Laeeeived, effi Page 91 of 115 Submitted into tho public record in connection with item on f q p L Walter Foomi;rt Citi/ ("lo". maEuEity, and- the interest the Au�.herity r=9issueany-er all bet3aa-auChaaFized iereuvide-r--} - p it "su ends -e'r t-iie a-nd --t§e- nese - tAe ,,the . , e -sal shall be in-feree ul3ei. iL-'s as-asage ..- Sec_ 32- •Ge 3 -bond$ issue -s on ,emeept rflaiircen the 3iinnl-ng e}flpleI}ee-& she e ; tr , t -an- amei., . 'ineludiFiq debt then _ tag-Iet the peEeent e€ the assessedyaivatien of all Ee&l--a�-$Offa-L elty limits as she last assessmentl " Fell of the- e3tj� id -ed, -ieW�c �.that:.. �r tb e nd$-@ •st-r-eet-7--eewer, sidewalls, and -ether -publie iw@ eyo ements �;e �--=:::ten are a Z.I,e oessrrter�te to e- e+ t3" f,,, .h . eh the eity s a!! held lrens €e--uneelleeted speeial assesswve-nt-sem, d lac-Evab3eet-to-sueh limitatAert of-araeun6 ner- be-een^owe=--_l--whes ea st g-4--he--ameu o€ beads -h may-be ise ed-- -- 133s :3ee-s~c-iv^�izd provided , EU her-, that bef are the^ k$f�cc�3?7 vFc-c^rsrT With €fie--vt,a�_emient�-pese -hereef shall be w,,,-..,: t El-te-and stifled by -the --vete -er--a ma-er- t::he- le ter -s wha are--€_-eel3sl ere - --the- Vii• v sg--t e ems at= e l e e t i �a4-led by er-dinanee, ne t i e e• --e€ cubi eh shall have beo� ,..,-,1 ^hed ..nee-ra-week- �—er--a-- -£-- evied-GI S day -ill a-•sew$�€i � 4 steed--€ n the City 94 MI-a-r;l- 4eneiiiinatien as ther ' ^ shall l p__"---eribe- aM fairair- ear merest net ek^eeuing the Fate pEe*lded fer in the .., .....ut of --he State ef Fierida, Serpa- and- nteree•t-- ---e payable in legal tender ef---..e United States. T-he—prA*cApan1—.e-f i ti., .-,.-a^ to a,. 1 -Ie at eh time .tet $ix�--vvr:�ro is ry ��^--azz� -crl3d--�raj'cr ", ea%eeeed--iAg--3G yeaEB groin ts-he date- thereef�- t -eea s ee Page 92 of 115 Submitted Into the public record in connection with item __L__- on Walter i-�ac,rz��ra City GIo.""Ic may, in-saiel--erd-�e�, de_—erfi .e, but Rat leflgeE thaii ,-h zoo a b' a- life o f _46F el r- a -same- are s$ueE -a9 e9 fF►a fie@- by the ee,;,,nii3aten---c�sd-dee-1 9i'dasee . 8ubat -- _e -ter the bends- authe-Fized by any two h t=wfjjexd � app -r -e' ed by the---€� eleetere- e€ -- the -el.ty- -Eekla�oealg;-w-aeL-s-ef- t: s---ef t:he G y; — M4 -1 ---be said by the ee; m. se . en af ter fi-vst- adv-t- i--aft-er—fi-Lst- adt.- =n- f- bids-t-here€er; pre bends -shall. not be sell-fe-r-- less than -tea= and aeea.=,a_e_d ..ter- exeept that 1, r f r; r, t _ ,... j 'v"'v c ^c v= s v cii r x r C-2 :Tl o �-czTe c:0i{!ii}3.-Qi3-t 011 $a �-f-0i 3 3A t -h -R--0.98 --e n the •_ tee_.._ d inter -eat. . The _rn .._ rej8et any er a-nd- �ecad;:E �-�a s sa ge . The -saA--vd na rte -ice-any lbsequent .-a uta- er puFpesE'6 a€-the-aeetien shams ge!Frt,A-e£- ge sh3 x-13 - —a e lane i ebe €,e re ea-y—i-n-tomes-t; and P � si�a�� a G--ma-ru' 4-, . The 8� $ the ta-mabl;it4-t-i-e-die- eity suffiezent , to --Say- e-ettrre• =jnterest-the nen, and-s1€f-ielent te-preu}de €er the-payffiefft--e€ tha _prizrellpal th e-v-_�, -t4iat—iii �" � r r meney-s-�- a na , 3 t the PrAme4:pal and interest and felF3i - 8 £i?--meney 4ia,& been pledged,-sueh arfr "aedu 111--o-Ltm- 7' 9i1Flii6f-fin nnF_'..ir.nt ini^-c��3 $-- X eti �c�n 3me afteraatifleat4en a4l:a-b9 1 a zces to --eT-Unit—_ d; States n....,. z-z'sTiicn-t nts, at an e 1 eetA-en--a-s in t t -kin -d eeae---f-Or- whieh- t -M --bawds ere- e -be- kes ed, in a tieipa-tien of -t -he reeeipt ef-th-pre-e-eds of tb.. ssaalle G_ -t -he bends. T �e-e�r�--�a�-- tse�eav s, f ex Wh�ehthe bonds e--4-as zxen - e€ he reee pts e4 tfte p-eeeeds e€ -the sale -e€ the bends,a-, —t_ ; the m�`==_::_... _,'-heri_,d-_ n of the bend sueh leas Page 93 of 115 Submitlad into the public record in connection with item .._.i__ _ on AA:_ Wcaltcr (=omn.: r• t hall be pa -j- net _-Iater- than three yeave fter the eleeti R. Te e9mmigsign ay in d-49 r-e-t-ion-*etire all or any par -6 ef eh: leanis thr-giagh ogevernmentz . kti:qns, eurre.nt the sale --e€ er-ty, o1--e,;_-he-r funds in.lieu of retir-ing the same IS of- the ben ut in the eveRr= ef any vu eh --.:Lre en-. wo--&ns ether- ehan, rzhe ef fahe bonds eet R+39Eiien shall amend er repeal tz-he er-di;nanee autherizi se aa-t-��ee he autherieed amecmt-of-t-he-bend isque by the_---aineunt ell: the lean se to be retiEed. Guoh er rrepeali:ng er.&6nanee -alke -effeet upe t-9 passage. Ne-ither 9,.ieh I GE r-epealing __A-i-nanee er sueh F; r- Vt. i I --shall be subjeet--4_:-G�- -_ a he - gh;-8 f EefevenduFR. eitry -shall be-issued--for-41-1. aijeh--Jeans, h4-ehnetes-may be renewed EL -em td:me te t-i'll-, kw_-ber-r-ewed-upen new .. tee fFem time te time fer the payment ,1 -ate thereby beta sueh notes shall matu-rze ndebted ess evideneed--t-her W_ after the eleetien i:ip ehall be - vet epFed at fila --i M e t e s t= -:Fa-__e--exeeedA:nq six peree per anfium,- The 9-' netes may be ef by publ:4:e ev.-f-w-i-vat-e iens, witheut adv--fele-et-laent. Th.e reselutien aut erA-z4-n9--a-ny, -fix -,;.e aetual ._unt of the at -e -s -a! ev ffia.__ .., ---te a€ -interest te be --paid, and --t-he commi a s i ei+-ffma-y-delegate te any ef f -Jeer the pewer- r-9- flix sueh f aee affieunt and-matiarity and rate—e€ interest within the limitatlens as well a -9----..e pewer to e ef Bald nous, whieh sha-1-1be xeeuted in the manner .reser bed--l-n thig seetien for -the emeeut4crav of bends and whireh may have intiere colvkD6%2_ aehed, in the diB_Fetien ef-the er mmiasien, te evidenee h an te be pad:El,, pr-evided, ne band t i e i pa -t -ion notes -9--herel'.. L-wevidded 9 1-1 be 4esued agaInst nds voted emeept ag,a-i-n-_+t-4q9n4a I -Feted feE the pur-peee-e€ha-b -l- er adjaeent te eic near ---the _A..I. -r- d-ireetly: affeeti 9 the e_J't-y--w-i-"4n miam! and I-he—,.,tpr-qaehes thereto, -and to said be anLaspat4ob- o_ -a-9 here -in pEavid-A-0 -4P E)r- are -app ieable�-e3� afd %3itri%ed--havber be issued fee- any other purpese. The--said-notes shall be subm:it-t-ed 41-e ai=id appreved-la., �c-i-t-y-at-t-er-ney, hi:s sha4-1-be p! -eed upon eaeh eit�all all he eubj-c-et te) the levy ef a suffieient t-a*--t-o the safne pr-e.;,;47ded in the ease- (Df bends e A.t-av,y-t4ffie-and-4-,vOHi vA e-t:e time after- the issuanee e�f_ben raf-the of—tom—b een . therized, whether a r,peeial, G an-,#Iihe Page 94of 115 S�Ubvrktod Into ffiv public 10 , I rocord in corim,,clk)n with -pj it"n - ..._q_- _ 0 • the to -=edu£e-- gene-ra3 - ref Page 95 of 115 u�>r,^iit��<! ins:!:► the public gtcor(j in conm3etion with item _1....._..- on A-- ' D i_01— 1Af 11f r f=c offliilll Lk CRY 0111,111", 4-a-)— 6 --Used in thl* e aee _ n, t e- werd 11bends" Sha -ll bend, eert " ieat--es-ne es; -and ether ebilga=ions ef t -he -4 -t -y e-&- M-'S[2TlTS jW. 'e 3 n w e l e-'gri"n- pa F t pr_„^.,6s &--taxes. = _ -=e a -a , etbev seer--ee . (b) A1! de-_,atherAzed te- be issued ---by lie . _t under- .. h e c a-s•is is Of th ehavtev er- eedeF --he pr-evigi:ens of---a+�Y gea�ra3 ; -spee is l e r- l eea l !a -w --ate h,d thezrz h , ; be in shali�e-exe�-ed-- ci-t-� cr:.-ncrr-c-rzc�.-e•t ;v-�rzc�-rx eueh manne� ,-nd shall beams --est be prey-i-ded by t' he esffw*i- ii-93,--pro-vided, liewever-rshat eae suef bo-nd--sba1-1 be s -s ea by ^ , ^ s� --- ms€ eer ^ zbe ei €ieerwhe e eignaturre F, imil -e-€ wbeee- bends -ev ee 4 s;a-1s eease- be---era e h eff-4:eer- signature=eis't ei f. Bt. , e sh 1 1 • Ji,-_Iese L valid and B Fii�zsem'�fer- all Pue as if the -perse ad yema3 i2ed-4--n Ci le a -si n t -J .•, t, del may r --CS- e F i�3. Z -e, c--�uc�ii s 4 gne-t-kl*-e e € , e E may --b , at -t-he c2 E'--ual t ---'me Of the ",,F2 -6f sueh bend—are tete--proper .� F F ; ., - - - ~ ^ sign - L-. L..-, .d _ - �...� , .-. ss .. F whether .. r- the e date Of SUe t..^.,d "Ueh peravemain as sueh e ff r-egistras4opr.. can�,$ ae----pea areae--a=,d a" e -a -e --to be: i tie -pal and ititme s t , €e r -t he - e e - _ ,.-cn 4.4� nu ti endue. and fie- tne i :~....-eh&F' qe 99 eeupen and--g="_t_=e.d beiid-e- Fd3 iems-e - reiserage-shall he -paid either- direet!�,--ems -1-ndYrreetly fer-the sae Of atw bends- err --ether evidenee ^-f debtednese Of the -eiy sale, -3-5- - 4 p*1-4aou-rt_ Muni e Qi t o have-veei i --a be 11 shed PUT- uuf�t- +-I�rILT:.I'rT^•'�f.'.T��Ti.T��s�T•�•1i� � "'�^�f .�i�i•Z/'A�/�!r'�TTSr" M_ oil t a; MUM - .. Pagc % of 115 Submitted Into the public record in connecc;o11 with r,om ;�i- 8"'0 • Sec. 36. Civil service. (a) Creation of board; appointment; terms of office; vacancies,- rules acancies;rules and .regulations. A civil service board of the city is hereby created and established. There shall be five members constituting the said civil service board. Three shall be appointed by the commission, and two shall be elected by the employees of the city with civil service status, from said employees with such civil service status. The two so elected shall become members of the board when confirmed by the city commission. All members of the said civil service board shall serve for two years, and they shall take office as soon as appointed and qualified. The commission may remove any member of the board for cause, upon stating in writing the reasons for the removal, after allowing him or her to be heard by the commission in his or her own defense. Any vacancy shall. be filled by the commission for the unexpired term. The city manager shall be authorized to prescribe the rules, regulations, and procedure for the holding of election for the purpose of electing the two members of the civil service board by the city employees with civil service status. (b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall organize by electing one of its members chairperson. The board shall appoint a chief examiner who shall be a member of the board and who shall also act as secretary. The board may appoint such other subordinates as may by appropriation be provided for. (c) Unclassified and classified service. The civil service of the city is hereby divided into the unclassified and the classified service. (1) The unclassified service shall include: (A) The city manager, his assistants, and secretarial staff; (H) The heads of departments, members of appointive boards, judges of the city court, the city clerk, chief of police, chief of fire division, and the superintendent of communications division; (C) Assistants to department heads: Assistant chiefs of the police division; All ranks in the police division above the classified position of police captain; Assistant chiefs of the fire division; Page 97 of 115 Submitted Into the public record in connec io with Of- 840 item —I—ori __t'z.l Chief of fire prevention; Director of training in the fire division; Battalion chiefs; Chief of fire rescue; Assistant to the superintendent of the division of communications; Director of corrections. (D) All attorneys employed by the city. The city attorney shall be the supervisor of all attorneys employed by the city. The city attorney shall have exclusive authority regarding, but not limited to appointment, removal and salary as to assistant city attorneys. The foregoing provisions of subsection (D) shall not apply to those attorneys in the classified service of the city on November 1, 1972. Attorneys with permanent civil service rights appointed by the city attorney to any applicable unclassified position above, shall retain civil service rights in the position from which selected as may have accrued Personnel with permanent civil service rights appointed by the city manager to unclassified positions shall retain said civil (servicel rights in the position from which selected as may have accrued. (2) The classified services shall include all positions not. specifically included by this charter in the unclassified service. There shall be in the classified service three classes, to be known as the competitive class, noncompetitive class, and labor class. (A) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations. (B) The noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character, as may be determined by the rules of the board. Page 98 of 115 ��:hrniits tl into the publiC record in connection with ite;►�� _i_ ._. on Walter F%oernan ti (C) The labor class shall include ordinary unskilled labor. (Laws of Fla., ch. 24694(1947); Laws of' Fla., ch. 31001(1955); Char. Amend. No. 2, 12-1-63; Char. Amend. No. 2, 1972, 10-7-72; Char. Amend. No. 1, 12-1-74; Char. Amend. No. 3, 12-1-74; Char. Amend. No. 1, 11-4-75) (d) Rules, examinations; eligible lists; certification of vacancies. Subject to the approval of the commission, the board shall adopt, amend, and enforce a code of rules and regulations which shall have the force and effect of law providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry; shall make investigations concerning the enforcement and effect of this article and of the rules adopted; and shall make an annual report to the commission. The chief examiner shall provide examinations in accordance with regulations of the board and maintain lists of eligibles of each class of the services of those meeting the requirements of said regulations. Positions in the classified service shall be filled from such eligible lists upon requisition from and after consultation with the city manager. When positions are filled, the employment officer shall. so certify, by proper and prescribed form, to the director of finance and to the director of the department in which the vacancy exists. (e) Promotion. The board shall provide uniform rules for promotion . to all positions in the classified service (f) Power of suspension, removal, fine, or demotion. (1) Any officer or employee in the classified service may be removed, suspended, fined, laid off, or demoted by the city manager or by the head of the department in which such person is employed, for any cause which will promote the efficiency of the service; but such person must be furnished with a written statement of the reasons therefor within five days from the date of the removal, suspension, fine, layoff, or demotion, and be allowed a reasonable time for answering such reasons in writing, which answer shall be made a part of the records of the Page 99 of 115 tJje record in cos7noc;,,an +,rjitJ•, on Oifv 0 0 board, with the suspension to take effect as of the date that such written statement is furnished. No trial or examination of witnesses shall be required except in the discretion of the city manager or the head of the department. Any employee in the classified service who deems that he or she has been suspended, removed, fined, laid off, or demoted without just cause may, within 15 days of such action, request -in writing a hearing before ~ the civil service board to determine the reasonableness of the action. The board shall, within 30 days after appeal of the employee disciplined, proceed to hear such appeal. After hearing and considering the evidence for and against the employee, the board shall report in writing to the city manager its findings and recommendations. The city manager shall then sustain, reverse, or modify the action of the department director. Any member of the civil service board and the director of personnel may administer an oath to witnesses appearing before said board or before said director in an investigation, disciplinary or appeal proceedings, and they shall have the power to issue witness subpoenas and to compel the attendance of witnesses. (2) The civil service board shall also have the right to remove or demote any official or employee in the classified service upon written charges of misconduct made by any citizen, but only after reasonable notice to the officer or employee and after a full hearing. It shall also be the duty of the board to fix a minimum standard of conduct and efficiency for each grade in the service. Whenever it appears from the reports of efficiency made to said board for a period of six months that the conduct or efficiency of any employee has fallen below such minimum standard, that employee shall be called before the board to show cause why he or she should not be disciplined. If upon hearing no reason is shown satisfactory to the board, the employee shall be removed, suspended, or demoted, as the board may determine. (g) Present employees. All persons in the employ of the city holding positions in the classified service, as established by this charter, at the time it takes effect, shall, unless their position is abolished, retain same until discharged, demoted, promoted, or transferred, in accordance herewith. Page 100 of 115 rocord lig conncc icrri teritij item —L— on.,� `.� 01 Walter, FOCI!,IrYl L itl e ' :.lc; rbc (h) Certificate of board on payroll account necessary before payment of classified service member. The treasurer or other public disbursing officer shall not pay any salary or compensation for service to any person holding a position in the classified service unless the payroll or account for such salary or compensation bears the certificate of the board, by its secretary, that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this charter and of the rules established thereunder. (i) Investigations and hearings. In any investigation conducted by the board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses. (j) No discrimination in classified service. No person in the classified service or seeking admission thereto shall be appointed, demoted, removed, or in any way favored or discriminated against because of political opinions or affiliations. No persnn holding a position in the classified service shall take part in political management or affairs or in political campaigns during city working hours or with personal property belonging to the city. (k) Penalties. The civil service board, subject to the approval of the commission, shall determine the penalties for the violation of the civil service provisions of this charter. (1) Salaries of board and employees, The salaries of the civil service board and its employees shall be determined by the commission, and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this charter. Sec. 37. Pension funds. (a) The commission of said city shall establish a fund or funds for the relief or pension of persons in the classified service of the city. The commission, on behalf of the city, may receive gifts, devises, and bequests of money or property for. the benefit of such fund or funds; may make contributions of public money thereto on such terms and conditions as it may see tit; and shall make rules and regulations for the management, investment, and administration of such fund or funds. Page 101 of 115 Submitted Into the publip record in connection w1th item t on a- 4-6) u 4 U Walter Focmmri City Clod( (b) The commission shall have power to make contracts of insurance with any insurance company authorized to transact business in this state, insuring its employees or any class or classes thereof under a policy or policies of group insurance covering lite or health or accident insurance or any two or more of such classes of insurance and may contract with any company granting annuities or pensions and authorized to transact business within the state for the pensioning of such employees or any class or classes thereof; for any and all such purposes the commission may appropriate the funds necessary to pay premiums or charges incident to the carrying on of such policies or contracts. Sec. 38. City planning and zoning board. (a) Comprehensive planning. The commission is empowered to plan for the future development of the city and, as an integral part of the planning process, to take all lawful actions necessary to implement plans made. in furtherance of this authority, the commission may undertake continuing comprehensive planning programs and may adopt comprehensive plans to guide the future development of the city in order to preserve and enhance the present advantages of the city, to overcome present handicaps, and to prevent or minimize future problems. Continuing comprehensive planning programs and comprehensive plans that may be adopted may include, but are not to be deemed as limited to: (1) principles and policies to be followed in future development of the city; (2) location, relocation, and character of the various uses of land and water; (3) location, relocation, and character of public and private open spaces for recreation, amenity, and cultural life; (4) modes and means of travel and transportation; (5) location and character of public buildings, services, and facilities; (6) provision of necessary utilities; (7) conservation, rehabilitation, or replacement of housing; (8) density of population; (9) methods and policies for encouragement of cooperation of private persons and groups in the accomplishment of Page 102 of 115 Submitted into tho public record In connection witPf n Item on oL . Walter f=oC raa!', City Glol i( adopted comprehensive plans; (20) taxing and financial arrangements and long-range capital improvement programs deemed necessary to implement the planning program; and (11) land -use control and regulatory measures and other instruments deemed necessary to accomplish the aims and objectives of adopted comprehensive plans. (b) Authority to implement comprehensive plans; The commission is authorized to use all lawful powers conferred upon the city to implement comprehensive plans that may be adopted and to provide for the status of such adopted plans. Particularly, but not in limitation thereof, the commission is authorized to adopt and enforce; (1) controls on the use of lands and waters; (2) zoning of lands and waters; (3) regulations for the development or subdivision of land; (4) building, plumbing, electrical, gas, fire, safety, sanitary, and other codes; and (5) minimum housing codes. (c) Creation of implementing boards. The commission shall by ordinance create such appropriate board or boards as it may deem necessary to carry out the functions as set out in subsections (a) and (b) above. The commission may by ordinance provide for the establishment and method of composition of the board or boards; the number of members; the qualifications of members; the staggering of terms to insure board continuity; the method of tilling vacancies; the method of removal; the compensation, if any; the participation of alternate members, if any, in board business; the general rules of organization, procedures, and conduct of business; the giving of notice and necessary public hearings on matters relating to the functions of the board or boards; and other matters deemed necessary by the commission to the proper functioning of such board or boards. The commission may by ordinance make provision for the functions, responsibility, advisory or quasijudicial duties, and authority of the board or boards created by the commission. The commission may by ordinance set out the standards and limitations Page 103 of 11 S Submitted into the public record In connection with item on --LI- 0 / ,I .� 840 Walter 1=oeman City rlr_ 'k 0 • under which such board or boards shall operate; the relationship of the board or boards to each other, to the commission, or to the courts as provided by law; and the method of review of anv decisions of such board or boards. (d) Administrative support and appropriations. The commission shall provide such administrative arrangements, support, and appropriations as it may deem necessary to enable the board or boards established under this section properly to perform their functions and meet their responsibilities and to insure that proper and necessary liaison is maintained between them and with the commission. (e) Task forces or committees. The commission may by resolution appoint task forces or committees to serve as advisory or recommendatory agents to the board or boards established under this section on particular problems relating to the areas of responsibility and authority of the particular board. € unt:'Via; ;- ap. -.,a 1 o r4gr` t, tt ale, er- intea-eet of the d to--t-lie-wa te_W f pt ; wha-r-€-pr e perty , land- _ng_-, Wlnary a`;. deejEs , -streets, -avenues, par -its, bridges, and other publie art --s gae errks vi al-1- be-seed-eweept by € erdi acre; rased- by a vete et- four fifths ef all the members e-f- 4-mpesed by law. nt ' g 4ie ri-g to use the--str=eet-8, alleys, pubile greun s, or btuiiiings- of - hperne-, e -shall beeeffie-atea -© e€fe un=_t44-t_he--eame--has been approved -by -a iaievity of the qualified voters of the Gity of at an eleeti-e-n held therefor- andthequest ien e€ -rt=e beteg granted, renewed er- !eased --shall et ---die submitted -t-e-eueh-- vote --eiEeept open deposit wi-t4i-t-he ei-t y e l e-rk of the evensear aebmi ion , t e be ,.z a te e - h e ^ee„mi s s i en7e-app i -i e ant. € er-sueh a-pprevalef the emm ' r the title er use ewal-e-eE leases s h-a-11-be•'� filed ',.i-, the ei-,___elark-w�thifs-to"cn days after �e c'3ceericieii ttheree-f. Page 104 of 115 Submitted into the public record in connection vvi.11) item ._ L..._. on .8.:_- _. ! Walter FoornFv i City Clerk 9 0 -pLaWE�.-� y.� -G...��- n f i .-Netrh3.-Ag-- ie -z--rte-corca ca. -u �?- lam ci@ z....... �, --- - -. - - eliec- i n--: wspa — 3 t, 4 e j H .. f�e,�a per i e d e fi —c� --sc cry ria •� �- 6�.-�}��-�/i 1 �'-��` �n , � ,�--�cTscc`�''�'•c�-x-$-i--E3iiz-csB'r�x v � %`- a�e-��e�r�e Be--E�x Ems?b- #he,sameh - , .z� • �,,, ,- e —cam-` t 7-ti-rrc--'c-cKaA f E-- e --elite -iia Baa -F a -e rid of -it-y euehet-he the safety, 4e4- d e s ax�—c� here a-fter--mad ��.�T��-mt�---��---t#e---o��-�a��a-tom • med 11 11 .1 --t e lF PcB and -e�di;tienia Pagc 105 of 115 :-*;ab'nittad into the public record In connection with 01— 840 on ---s -Y- a I Walter Foeman eharrt2r, whet --her er net eueh terms are —a -p^~; f; ea , _^a n--ie-n in the f ra-.re i ee . Neth i rag in this eter- ahal -I epermate '- gra ei3E-Trent h s after- this e'^, takes effeet, eve -i blre-utiiity and e9e=�--e::nei-ef a--pebl e-;,;itil- y fr-anehirse-shall -ile -with tete =-~' , e -=`-if ied eepi-e-a a all the franehises ewned er eh any suei+ 3t is e rated. The eity shall eempile and ii3aintaiir record -ef all p bl -_ ;~-44 =y €?=_%isreis—in-r= it s -c r-ee t-st-he-r-pub l iia ees e€- e t y. T13}— a -14 --be kept for-eaeh--per'_, utility - .- ^a andin a -h--Hianeer as to -spew the true fRpiete finan_ia regia of s u eh e ty -ewnership and eperatlen, e , . ,a , 9 all assets, �; ,�.; , ; � e expenses. The aeeeici,. steal, show—43e aetual eeat-te the-elty ek eaeh,,L., ; utility owned; pie Best of all extensiaiis, a--dditiene, a� it�g�e�ameets p all expenses --ef-mai-ntmattee, t•'se ameant Ztz- a-si--e-€er eink-ing-€,,;i cl-purpeees;-end, -in the ease ef-eity eper-a-ti en , all --epera t ing-e*pen ses e€ every a e s e _ r - i 9n-�*}e aeesunta shall shew aB nearly. as pea s i-bi e---t-ie-vs3-ee--a-&-•ate s_-yi eee-r--r-ende --by erte- any --o-thzre-i tyeF 99veFnmentsl dega-tm.efit ; 13e -sera-lam a3 se--sheva a-- premia-? i ewanee-f er aepree i ~ 9n--,--4-ranee-T 4-n-ter-e,st en the investment, and -eatimat-es-ef- the -ametinr= ef taxes Nati -weuld be c if per'iva6e! -o ned The eemm-ieaie^ shall .7 p ,tet t. • 1• + r�. .,he th atar�-a_ __ r = =---ed--f-ax=�sbi lie d�e�,��:� -- ::-��-t.-n` -fi-na3eial results of sueheity—cewneroh+Ij-p , hieh repsEt eta give —the —infermat4 1 srevifiems—. n--th'9—seet -an expedient. 444-- — G G17--�� 6Y 9 i� G-�' r ei37 r -Ne-Ing c1 e r ehal.l--be-dee ed---t-a abregate e- terminate any right --o-r franehi_se---herete€are grant -ed by - the -ryrt-� �-any pub= -i -e utility, previded z -- al tai i -i -t i e s new in emlsteRee shall e6mply -.ia1, the requirements ef t i -a eharter- cnzt'a. all erdinanees.enaeted-pkisuaet there (j)---i+ic{r��F{T granted. Sac. 40. Subdivisions. Page 106 of 115 Submitted Into the public record 'n connevi Rom • on _ vvniter Fuernwi (a) Plat requirements. Any owner of lots or grounds within, the city who subdivides same for sale shall cause to be made an accurate plat of said subdivision describing with certainty all grounds laid out or granted for streets or other public uses. Lots intended for sale shall be numbered by progressive numbers or described by the squares in which situated, and the precise length and width shall be given of each lot sold or intended for sale; such plat shall be subscribed by the owner, acknowledged before an officer authorized to take the acknowledgment of deeds, approved by the director of public works, and recorded in the office of the clerk of circuit court in and for Dade County, Florida. No such plat shall be approved unless it clearly gives an accurate description of the property showing section corners or quarter -section corners or at least tying the property to one or more sections or quarter -section corners or government monuments. (b) Supervisor of plats. The director of public works shall be supervisor of plats of the city and shall provide regulations governing the platting of all lands so as to require all streets and alleys to be of proper width, to be coterminous with adjoining streets and alleys, and otherwise to conform to the regulations prescribed. Whenever said director shall deem it expedient to plat any portion of territory within the city limits, within which the necessary streets or alleys have not already been accepted by the city, so as to become public streets or alleys, or when any person plats land within the corporate limits or within two miles thereof, the director of public works shall, if such plats are in accordance with the prescribed regulation, endorse his or her written approval thereon. No plat subdividing lands within the corporate limits of the city or within two miles thereof shall be entitled to record in the office of the clerk of the circuit court; in and for Dade County, Florida, without such written approval. (c) Streets or alleys not accepted unless laid down on plat. No streets or alleys except those laid down on the plats referred to in this section and bearing the approval of the director of public works, as hereinbefore provided for, shall subsequently in any way be accepted as public streets or alleys by the city, nor shall any public funds be expended in the repair or improvement of streets and alleys subsequently laid out and not on such plat. This restriction shall not apply to a street or alley laid out by the city nor to streets, alleys, or public grounds laid out on a plat by or with the approval of the director of public works. (d) Acceptance and confirmation of street or alley dedication. No streets or alleys hereafter dedicated to public use by the Page 107 of 115 l;0nifited Into the ptiblir, rocord In connection with Item _ on Waltow F'OU'ltbl.' oi- 8,10 • 9 owner of ground in the city shall be deemed a public street or alley, or under the care and control of the commission, unless the dedication be provided in the plat or by warranty deed or other instrument of grant; unless the grant be accepted and confirmed by resolution passed for that purpose; and unless the provisions of this charter relating to subdivisions.shall have been complied with. saw - of a rad ty b2lai.A4 a�ior�r--d t. ear -and Aat4ma. - r_S_and-ataploYoss�- $-t }ii beek,s, reeeleeume Fit used by a-n3'itj ef€lees -=-n h4 a [er mer;-e€flee--oma-per-tain4:n9_ t_9_h_i_s {ei- key]-d�xt-ie,s-shal-l-be--deemed the a L: -y of --"e- t , a-nd the eh -ie- a€€ieeF in ehar'ge—ef Riierhi---off-Jee— Shall- -be r__L__n-s hl -e th efe . Any eh off, er or de by thi-s , a-n�e�tments-shall , within three -days -after the end of his e ler -tr exTa of of f 4e , er 6 h h ee-daye--a-€t;+r-the date e F his or her resignation or remevai Prem e€ftee, as the ease may be, de1ivez—cv—t-:zc-L-zz`y ole-rc---r tre h4:6 9F her- sueeesser--x-n effiee ! 1 sueh-becks , reeeFds , - and :eetiment-e . Any eh F_f ieer 9r a e -t- the -e-i t, t h e rea€-shl 1 be fine nati,neFe then$ 5 9 e er r-ksened-- for -a-peri ="' Fiet eaeeee` i g--68 dam �b }---9€ E i ee--- kGarn ;.— a ua-i , ab 4' - aid- ee t,'issien is hereby au t -h - i e e d -and ia-tre ., r F d inµ heure during .L,;.�,h all pub! cL ,----... oma. fix the . i a.^.. � r',^, eyf,f�iees of the-eit}�--sha i -be open feet �{.i�s1nese�-.4� �z b9ekE) a-3i�—reeeL-ds a o f RCe GaZit�d�..pa t-me�t shall be epeiT�t-V the inspeetien of any-ei- i diciElng eh__ buse the pamper- ;-e-s-a-nd -r--equ-latiens fer-the e€€-ie-xent eenduet of the-busifiees of srieh elepaFtmefiter e ffiee.- 1_e4ndv—v .OffiGerc 93 a- }n--the—ease eF effieerre whese L., -......]s a -re -p -f ieally-prQVided For by this eha-r-tr, r, the . e ffi ; eaie , LTi S �, ,, ^ermine-, by , �wf her effieer-s, eler-ka, er pleyeee shall __4 bend and, ifBe, 1-L.n--..".t �r r--.-.A-rm-._??t, thereof. h1i off �,� eq ,� by �-h__ _haEr GTte bend, u -.a: � �-.. '�-�caazcs f aid--epee-heiad-45 r _d by tbie eeFfln-al shall fare -eete:3-rig : pen their Page 108 of 115 Submitted Into the public record in connection with U 1- 840 Ron) ..__. on ._B, - _1.I W'?Ror F i u;�rvu c—I'e � T - rat- -t1-ce AnA ra_-13e—e-&f 47e�- c-xt-y—af 13 boa 8-ate-seW94434"On0 Sec-r-h�—g�yt�--tv--a�" GWA E3 e4lPa,C 1 o9 of 115 Submittod Into the pubtic _ record fin? cc► nc3cglc3n Withit, f drtments ereated eE autherized heaceby.ef—e 1 �s t yet bearde and -eemmisens shall sex-ae--tiv--k-heu eet ge sa a d--��ay-be er--it=, vete-off- the -eo,nr��se4-9n-. (Res. Ale , 97 447, 2, 7 _. 7 'J '7 Sec. 43. Continuity. (a) All city ordinances, resolutions, and regulations in force at the time this charter takes effect, and not inconsistent with the provisions hereof, are hereby continued in force until the same shall be duly amended or repealed. (n) Present officers and powers. All persons holding office in or employed by the city at the time this charter goes into effect shall continue in such office or employment and in .,the performance of their duties until provisions shall have been otherwise made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office or employment. When such provisions are made the term of any such officer shall expire, and the office shall be abolished. The powers which are conferred and the duties which are imposed upon any officer, board, commission, or department of the city under the laws of the state, shall, if such officer, board, commission, or department is abolished by this charter, be thereafter exercised and discharged by the officer, board, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this charter. (c) Present contracts and proceedings. All rights, actions, proceedings, prosecutions, and contracts of the city or of any of its departments or officers, pending or unexecuted when this charter goes into effect, and not inconsistent therewith, shall be enforced, continued, or completed, in all respects, as though begun or executed hereunder. (d) Present titles and rights. The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments, decrees, and choses in action held or owned by the city at the time of the adoption of this charter shall pase I ----est in e#e r+ttt 33 pad-eo peva tion ;z r-eby erg d—to- -aueee d -eueh rm ie pal -ice continue. (e) Acts under former charters. All acts and proceedings of the commission or of any officer of the city done or taken pursuant to the provisions of the previous city charter are hereby ratified. &Jins t, the olty Page 110 of 115 record iii Focrmin 0 9 Ne suit- -shall b e maintained age -ice -- e i ty€-r - amage-s - -==inq eut—ef -a"- ter -t: milese written Fmoieee€---Sueh -eIaim was, Y i t h i n -o-x-tty--mays-after---t die -day o f r e ee l v i-eg-t he -1 n+u - , � . tri -0 the e=_ -t y aiseere with ; a; a t; ens -us to time -and -paee of the injury. It shall be the duty of the e; yatterney-,---open .r -e e e i _i ng--su-eh Fish = _ , ere-gr-emr—.7�-i�ii�efie}gerc r t#e faais, ergs ted -by the evidenee, i9efere the i,.y ee- 11.11499-91. a-writtene se l u t-ieri ,-aft-e-r evestigatirig, make -rea-sona le set ,effie.,t €e= -1=#e �nju�y-sdf�-eci; y--1ah_?-r.,r _na-diredt t -#e -eat =9r-neY-t-q-de4-ei:1d any b-rcaugh� ger- r=he-reeevery efdamages- Sec. 45. General provisions. (a) Codification of ordinances. The commission may at any time appoint a person or persons and authorize them to arrange and codify the ordinances of the city and to publish such codification in appropriate volume or volumes, which shall become the laws of the city upon adoption by ordinance; provided, that in the exercise of the power by the commission to adopt said codification, it shall not be necessary to publish said codification, the publication of the: ordinance adopting the same being sufficient to make said publication binding as the law of the city. (b) Record of ordinances; evidence. It shall be the duty of the city clerk to record all ordinances adopted by the commission within 10 days after their passage in a book kept for that purpose, properly indexed. A copy of any ordinance therefrom, certified by the clerk under the seal of the city, shall be received in evidence in all courts of this state. (c) Ordaining clause. The ordaining clause of every ordinance shall be as follows. "Be It Ordained by the Commission of the City of Miami". (d) Enumeration of powers not exclusive. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but additional to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof.; the city shall have and may exercise all other powers which are now, or may hereafter be, possessed or enjoyed by cities under the constitution and general laws of this state; and all the powers of the city, whether express or implied, shall be exercised and embraced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the Page 111 of 115 "ubjjli'itOCi into 010 public record incu�� -IS'n 6? ib�l 01 — 84 rr item _-�-.•�-- Vllalter f 0efrI1u ;iry C.. IC,0• Sec. 48. Office of independent auditor general. (a) Created, responsibility. There is hereby created the office and position of Independent Auditor General to provide the City Commission with independent oversight of audit and analytical functions of the City. The Office of the Independent Auditor General shall report directly to the City Commission. (b) Appointment, qualifications and term of Independent Auditor General. The City Commission shall appoint an auditor, who shall be a Certified Public Accountant, to serve as -the director of the office of the Independent Auditor General and to be known as the Independent Auditor General ("IAG'). At the time of appointment, the IAG shall have and maintain an active license, shall be certified under the Public Accountancy Law in Florida, shall have a degree in public administration or in lieu of such degree shall have at least five years experience in public administration and shall have sufficient experience in governmental accounting and auditing practices. The initial appointment shall begin January 1, 2000, and shall end with the election in November 2001. Thereafter, the appointment shall be for a term of four (4) years. During the initial and any subsequent term, the TAG shall be subject to suspension and/or removal by the City Commission for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other~ just and reasonable cause. (c) Duties and powers. The IAG shall be responsible to provide independent oversight of audit functions, and for the performance of such other duties as may be assigned by the City Commission or any member of the Commission. To the degree necessary to fulfill the responsibilities of the office, the TAG shall have the power and authority to; (1) Examine city audit functions and accounting systems, provide budget and legislative analysis, conduct financial, operational, compliance, single act and performance audits of city government, officials, and independent agencies, with reports submitted to the City Commission as deemed necessary by the IAG or as may be required by the City Commission, from time to time, and copied to the administration. (2) Have free and unrestricted access to city government employees, officials, records and reports and where Page 113 of 115 iium 01- 840 0 .6 appropriate, require all branches, departments, agencies and officials of city government to provide oral and written reports and to produce documents, files and other records. (3) Render assistance to external auditors retained by the City Commission. Such assistance shall be limited to special audits or limited examinations ordered by the City Commission. (d) Staffing. The Office of Independent Auditor General shall be staffed by such professional assistants and support personnel as shall be designated by the IAG and as are approved in the City's annual budget, as may be amended from time to time by the City Commission. (e) Establishment of operating procedures and responsibilities. The IAG may, from time to time, issue directives setting forth the operating procedures to be followed and responsibilities to be discharged by the Office. (Res. No. 99-608, § 2, 8-2-99) sec. 49. Office of the city Clerk. (a) There is established the office of the city clerk. The director of the office of the city clerk shall be the city clerk. The city clerk shall be appointed as provided in Charter section 4(e). The city clerk shall be the custodian of the seal of the city. (b) The office of the city clerk shall have the following duties: (1) Prepare and distribute notice of all public meetings as required by law and the minutes of such meetings; (2) Be custodian of inactive, archived and vital records of the city and maintain a records management system; (3) Conduct, supervise and certify all city elections; (4) Be custodian of all legislation, lobbyist. registration, contracts and bids; (5) Perform such other duties as required in this Charter or as directed by the city commission. Page 114 of 115 OUbmitted Into the public record in connect{an Ith item --L— on — _ 21 Walter Foorrian City Clea( J Sec. 50. Certain former Charter provisions to become ordinances. All provisions of the prosent Charter, Laws of Florida, ch. 10647 (1925), as amended and as compiled and printed in the Code of Ordinances, 1996, which are not included in this Charter or amended-. by or inconsistent with this Charter shall become ordinances of the city and continued in effect as ordinances and not new enactments and shall be subject to amendment or repeal in the saute manner as other ordinances of the city. The provisions of this Charter where they are the same as the provisions in the former Charter are to be considered continuations of the former Charter provisions and not new enactments. Page 115 of 115 Submitted Into the public record an connection with itcrry on _-8—� uV,titer Poon .n (I; • i"'1nV4. 840