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HomeMy WebLinkAboutR-01-0843J-01-696 8/9/01 1 01-8x:13 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHNIENT(S), APPROVING, SRITING FORTH AND SUBMITT.INIG 10 THE ELECTORATE A PROPOSED CHARTER AMEND=, AMENDING THE CHARTER OF 'ITIS CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. I., TO INSERT A STAT RENT WHICI RM- 70GQIZES 'THE EXTRATERRITORIAL POWERS AND HOME RULE POWERS GRAN'T'ED TO THE CITY BY THE 3.968 CONSTITUTION AND STATE LAW AND TO DF,T.F'T'F: POT,�I S AND DUTIES OF Tt E CITY AND PROVISIONS OF THE CI-UIRIER WHICH ARE INCLUDED IN SUCH HOME RULE POWERS AND TO CONVERT TO ORDINANCES THOSE DIMEI D PROVISIONS WHICH ARE NOT INCLUDED IN OR IN CONFLICT WITH OR SUPERSEDED BY STATE LAW, OTHER PROVISIONS OF THE CHARTER OR ORDINANCES OF THE CITY; CLARIFY THE NCV4FINCLATUR.E AND PROCEDURE REGARDING ELECTIONS AND FILLING OF VACANCIES AND ESTABLISH A QUALIFYING PERIOD AND ESTABLISH THE QUALIFYING FEE BY ORDINANCE AND DELETE ALL, OBSOLETE, PROVISIONS AND REQUIREVlNTS WHIC-I ARE SUPERSEDED BY STATE TAW; AMEND 'THE INITIATIVE AND REFERENDUM PROCEDURE TO CONFORM NOMENCLATURE AND TO INCLUDE REQUIREMENTS AND TIME LIMITS FOR SUBMISSION OF' TH' PETITIONS; *0 THE TIME LIMIT FOR SUBMISSION OF APPOINT?i BY THE OFF-STREFT PARKING BOARD MEMBERS FOR APPROVAL AND DELE'T'E TETE MINIMUM SALARY FOR THE EXFC(T7'IVE DIRECItOR; AMEND THE PROVISIONS REGARDING THE DEPARTNiETU OF FINANCE AND CONVERT THE SECTION ON CHIEF PROCIJREM NT OFFICER TO AN ORDINANCE AND DELETE ALL CHARTER PROVISIONS REGARDING BONDS, FRANCHISES, F'INANC'E AND TAXATION WHICH ARE OBSOLETE, SUPERSEDED BY ORDINANCE OR STATE LAW; CONVERT TO ORDINANCE TIE PROVISIONS REGARDING PUBLIC TMPROVEM=S AND CONTRACTS FOR PERSONAL, PROPERTY AND PUBLIC WORKS AND IMPROVEMENT'S AND REQUIRFd-OF T TO COMPLY WITH CITY, STATE AND FEDERAL LAW; REQUIRE THE INDEPENDEN'I' AUDITOR GENERAL HAVE A DEGREE OR EXPERIENCE IN PUBLIC ADMINISTRAJ:'ION; INCLUDE A SECTION ON 'THE P94F..R.S AND DUTIES OF THE CITY CLERK, PROVIDING THAT CERTAIN PROVISIONS NOT INCLUDED IN THE AMENDED CHARTER AND NOT OBSOIETE OR IN CONFLICT WITH THE AMENDED CHARTER, ORDINANCES OF THE CITY OR STXPE LAW SHALL BECOME ORDINANCES OF TBE CITY AND CONTINUING IN EFFECT ALL PROVISIONS AND ORDINANCES NOT AFFECTED BY THIS AMIENDN.I;.:NT; PROVIDING Tl -IAT TIE AMENDED CHAR'I'ER MAY BE REORGANIZED AND RENUMBERED; CALLING IiOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION HEI.JD ON NOVEMBER 6, 2001; DESIGNATING AND APPOIN'T'ING TIE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF 'THE CI'T'Y COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF EIECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS 'THAN 95 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING kN EFFECPIVE DATE :FOR THIS RESOLUTION. ..........._.. IAi4A�i4N1ENT ��+� C�{�TAiNED cm coroaewu fauffia OF AUG - 9 2001 01-� Rewlu on fig. 2 WHEREAS, the City Commission of Miami created a Charter Review and Reform Committee in September 2000 to review the 1.925 Charter, Laws of. Florida, Ch. 10847, as amended, and make recommendations to the City Commission related to the update and amendment of the Charter; and WHEREAS, the Charter Review Committee has held numerous public meetings and public hearings since September 2000 and has recommended in recognition of the Home Rule Powers granted by the 1968 Constitution and state law that the Charter be amended Lo enable the City of Miami to exercise such grant of Home Rule Power without effecting or changing the Charter provisions regarding form of government, terms of elected officials, distribution of power among city officials, existing rights of municipal employees or appointive boards, or effecting the fundamental rights now enjoyed by the citizens of: the City of, Miami; and WHEREAS, on August 9, 2001., by its adoption of Resolution No. 01-840, the City Commission directed the City Attorney to prepare a proposed Charter Amendment to update and streamline the. Charter to implement the Home Rule Powers granted by the Florida Constitution and state law by amending, repealing or converting to ordinances certain provisions which will enable the City to effectively administer the day to day affairs of the City in an efficient and Limely manner; and WHEREAS, the proposed Charter Amendment is seL forth in its final. form in this Resolution; and Page 2 of 11 01-- 843 0 • WHEREAS, the proposed amendment shall be submitted to the electorate at the Special Municipal Election to be held on November 6, 2001, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Charter of the City of Miami, Florida (Chapter 10847, Taws of Florida, as amended) is proposed to be amended as set forth in the attached text in the following particulars''!'. The Charter. Amendment proposed in this Section shall be known as Charter Amendment No. I. Section 3. On the effective date of this amendment, all provisions of the present Charter, Laws of Florida, Ch. 10847 (1925), as amended and as compiled and printed in the Code of Ordinances, 1996, which are not included in the amended Charter as continuing in effect as a Charter provision and which are not 1� Words and/or: figures sLricken through shall be deleted. Bolded words rind/or figures shall be added. The remaining provisions are now in effect. and remain unchanged. n sLeri.sks indicate orni--t-ed and unchanged rnat:erial. Page 3 of 11 _ 843 obsolete or inconsistent with the amended Charter, ordinances of the City or state law 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 same manner as other ordinances of the City. The provisions of this amended 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. The provisions of the amended Charger may be reorganized and renumbered under the direction of the city attorney's office. Section 4. Tn accordance with the provisions of the City Charter (Chapter 108,17, Laws of Florida, 1925, as amended) and §5.03 of the Miami -Dade County Home Rule Charter, a Special Municipal Election is called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until %:00 P.M., on Tuesday, Nov-embe•r. 6, 2001, for the purpose of submitting to the qualified electors of the City of Miami for their approval. or disapprovaa. the measure known as Charter Amendment No. 1. Section S. The Special. Municipal Election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the Paqe 4 of 1.1 01-- 843 provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling places on said Special Municipal Election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State.. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Special Municipal Flection is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section 6. In compliance with Section 100.342, Florida Statutes (2000), the City Clerk is authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid Special.. Muni.ci.pal. Flection is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following forra: Page 5 of 11 01— 843 • 0 "NOTICE OF SPECIAL MUNICIPAL ELECTION TO AMEND THE CHARTER TO BE HELD ON TUESDAY, NOVEMBER 6, 2001 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 01-843 A Special Municipal Election will be held on Tuesday, November 6, 2001 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the po'l'ling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Miami Charter be amended to include statement on Constitutional Home Rule Powers; delete superseded, conflicting, obsolete, duplicative provisions including bond, franchise, finance, taxation procedures and powers granted by home rule; convert to ordinances provisions including public improvements, procurement of personal property and public works, procurement officer, qualifying fee; clarify election procedures, vacancies, qualifying period; amend initiative and referendum procedure, off-street parking board member approval and executive director provisions, auditor general qualifications; include clerk's duties?" Charter Amendment No. 1 provides for a statement which recognizes the extraterritorial powers and Home Rule Powers granted to the City by the 1969 constitution and state law and deletes powers and duties of the City and provisions of the Charter which are included in such Home Rule Powers and converts to ordinances those deleted provisions which are not obsolete or not included in, in conflict with, duplicative of or superseded by state la.w, other provisions of the Charter or ordinances of the City; clarifies nomenclature and amends procedures regarding elections and filling of vacancies and Page 6 of I.J. U 1— 843 establishes a qualifying period and establishes the qualifying fee by ordinance and deletes all obsolete provisions and requirements which are superseded by state law; amends the initiative and referendum procedure to conform nomenclature and to include requirements and time limits for submission of the petitions; amends the time limit for submission of appointment by the off-street parking board members for approval and deletes the minimum salary of the executive director; amends the provisions regarding the department of finance and converts the section on procurement officer to an ordinance and deletes all Charter provisions regarding bonds, franchises, finance and taxation which are obsolete, superseded by ordinance or state law; converts 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; requires the independent auditor general have a degree or experience in public administration; includes a section on the powers and duties of the City Clerk. By order of the Commission of the City of Miami, Florida. City Clerk A list of City of Miami polling places follows: (insert gist of City of: Miami Polling Places.)" Section 7. The official. ballot to be used at said Special Municipal Election shall be in full compliance with the laws of the ,State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form, to wit: Page 7 of 11 01— 843 "OFFICIAL BALLOT SPECIAL MUN'I'CIPAL ELECTION TUESDAY, NOVEMBER 6, 2001 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------- Charter Amendment: including Home Rule Powers; deleting certain provisions; amending or clarifying certain other nrovi.sions . "Shall Miami Charter be amended to include statement on Constitutional Home Rule Powers; delete superseded, conflicting, obsolete, duplicative provisions including bond, franchise, finance, taxation YES procedures and powers granted by (For the Measure) home rule; convert to ordinances provisions including public, improvements, procurement of personal property and public works, NO procurement officer, qualifying (Against the Measure) fee; clarify eiecti.on procedures, vacancies, qualifying period; amend initiative and referendum procedure, off-street parking board member approval and executive director provisions, auditor general qualifications; include clerk's duties?" Section 8. Electors desiring to vote in approval of said Question described above, shall be instructed to punch straight down with the stylus through the hole next to the word "YES" within the ballot frame containing the statement relating to the Question, Electors desiring to vote to disapprove the Question, shall be instructed to punch straight down with the stylus through the hole next to the word "NO" within_ the ballot frame containing the statement relating to the Question. Page 8 of 11 01-- 843 • • Section 9. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said Special Municipal Election. Section 10. All qualified electors of said City shall be permitted to vote in said Special Municipal Election and the Supervisor of Elections of Miami -Dade County, Florida, is requested, authorized, and directed to furnish, at cost and expense of the City of Miami, a l'st of all qualified electors residing in the City of Miami as shown by the .registration books and records of the office of said Supervisor. of Flections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section I.I. For the purpose of enabling persons to register who are qualified to vote in said Special Municipal Election to be held on November 6, 2001, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at Page 9 of 11 843 111 Northwest lst Street, Miami, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami - Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration_ van for.the purpose of registration in order to vote in the herein described Special. Municipal Election during such times and on such dates as may be designated by the Supervisor. of Elections of Miami -Dade County, Florida. Section 12. Walter J. Foeman, the City Clerk of. the City of. Miami, Florida, or his duly appointed successor, is designated and appointed as the official representative of the Commission of the City of Miami., Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said Special Municipal Election. Section 13. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the date of the Special Municipal Election. Page 10 of 11 01— 843 Li 0 Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayora/ PASSED AND ADOPTED this 9th__ day of _ August 1 2001. JOE CAROLLO, MAYOR In a000idse�e with Miami Code Seo. 2-3r), since the Mayor did W indicate approval of 101,11 this k)*Iatiw by sighing it in the designated Pif omrtho dattee,of COMPsaid legis)®toinn cti- " QiWiwe with the olapso 0`110n (1 n) d90 regal dir9 same, without the moo.et' ATTEST: WALTER J. FOEMAN CITY CLERK APPR EAsxF 74617�7ANZRO V I L CITY ATTORNEY 45552:AW:BSS CORRECTNESS 6 J. 2J If the Mayor does nor sign this Rnsoliltion, 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 effect=ve immediately upon override of the veto by 01e U'!Ly Commission. Page 17. of 3.1 01— 1-- 843 LIST OF POLLING PLACES FORS' IAMI AS OF AUGUST- 17, 2001 PCT. LOCATION ADDRESS 52 MUSEUM OI' SCIENCE 3280 S MIAMI AVE 501 LI'[*'I'I.F RIVER BAPTIST CHURCH 495 NW 77 ST 503 NEW MI' P[_GASANI' BAP'1'ISI' CIIURCI-I 7610 BISCAYNE Dll 503 11 U D- SEWING ROOM 1407 NW 7 ST 504 HARVEY W SEEDS AMERICAN LEGION 1129 6445 NE 7 AVE: 505 ATIIA LIE.' ILANGE PARK 525 NW Cit ST 506 MORNINGSIDE PARI: 750 NE 55 TR 507 THENA C:ROWDER ELFMENTARY SCHOOL. 757 NW 66 ST 508 NEW NIT MOKIAII BAPTIST CHURCH 6700 NW 14 AVE 509 GRAPELAND HEIGHTS PARK 1550 NW 37 AVE 510 WESLEY UNITED METHODIST CHLIRCH 133 PONCE DE LEON III) 511 JORDAN GROVE. MISSIOIS ARY BAI''1CHURCH 5946 NW 12 AVE 512 ST PAUL INSTITUTIONAL AME CHURCH 1892 NW 51 TR 513 BELAFONTE TACOLCY CENTER 6161 NW 9 AVE, 514 EDISON SENIOR PLA7A 200 NW 55 ST 515 'FOUSSAINT LOUVI:RTURE LI.Eivll NTARY 120 NE 59 ST 516 MORNINGSIDE PARI. 750 NL 55 TR 517 BAY SHORE LUT11FRAN ClIURCH 5051 BISCAYNE BI) 518 CHURCH OF GOD OF PROPIIF.CY fil 4528 NW 1 AVE 519 SHADOWLAWN ELEMENTARY SCHOOL 149 tial 49 ST 520 MILLER DAWKINS SWIMMING COMPLL'X 4800 NW 12 AVE 521 NEW PROVIDE NCF MISSIONARY BAP'['. CHR 760 NW 53 ST 522 MOORE PARK 765 NW 36 ST 523 MIAMI JACKSON SENIOR HIGH SCHOOL 1751 NW 36 ST 524 SINIPSON PARK - RECREATION BUILDING 55 SW 17 RD 526 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AVE 527 COMSTOCK PARK 1776 NW 28 ST 528 MALCOLM ROSS SENIOR CENTER 2800 NW 18 AVE 5.29 ROBERT A BALLARD ARMORY 700 NW 28 ST 530 ROBERT A 13ALLARD ARMORY 700 NGV 28 ST 531 CLAUDE PEPPER COMMUNITY CENTER 11 760 NW 18 TR 532 CHRIST THE EPISCOPAL CHURCH 3481 HIBISCUS ST 533 CULMER NEIGHBORHOOD SERVICE CENTER 1600 NW 3 AVE 534 MIAMI FIRE STATION 112 1901 NORTH MIAMI AVE 535 DUNBAR ELEMENTARY SCHOOL 505 NW 20 ST 536 PHYLLIS WHEATLEY ELEMENTARY SCHOOL 1301 NW I PL 537 EUGENIO MARIA DE HOSTOS CTR 2902 NW 2 AVE 538 UNITY ON THL BAY 411 NI3 21 ST 8/17101 Page 1 of 3 LIST OF POLLING PLACES FOR mi 0 AS OF AUGUST 17, 2001 PCT. LOCATION ADDNI;S.S 539 TRINITY CATHEDICkL HALL 464 NE 16 ST 540 NO POLLING I'LACE i NO REG. VOTERS 541 SHERATON I3ISCAYNE BAY IIOTEI. 495 BR1CK1iLL AVF 542 JACK ORR SENIOR CENTER 550 NW 5 ST 543 ORANGE BOWL S'T'ADIUM - GATF 14 1501 NW 3 ST 544 TRINITY CA'T'HEDRAL HALL. 464 NE, 16 ST 545 POLISH AMERICAN CLUT3 OF NIIAMI, INC. 1250 NW 22 AVE 546 JACK ORR SENIOR CCN'1'IiR 550 NW 5 ST 547 MIAMI FIRE STATION #7 314 13FACON't BD 548 ST MICHAEL'S CHURCH 2957 WEST FLAGL1 R ST 549 KENSINGTON PARK 1 LEMENTARY SCHOOL 711 NW 30 AVE. 550 MIAMI FIREFIGHTER BFNEVOLFNT ASSOC 2930 NW S RIVER DR 551 STEPHEN P CLARK COQ IMUNITY CTR 1650 NW 37 AVE 552 ARMANDO BADIA SENIOR CEN'T'ER 25 TAMIAMI BLVD .553 ROBERT KING RIGH COMMUNITY HOUSE 7025 Wl.,S'1' FLAGI.IsR ST 554 ST DOMINIC CATHOLIC CHURCH IIALL 5909 NW 7 ST 555 NV1 ST END PARK. COMMUNITY IIOUSF 250 SNV 60 AVI; 556 RESIDENTIAL PLAZA 5617 NW 7 ST 557 IGLESIA CR1S'fTANA REF EL DIJBN SAM 4585 WEST FLAG LER ST 558 KINLOCH PARK COMMUNITY HOUSE 455 NW 47 AVE .559 IGI,I?SIA BAUTIST'A L1BIU EDENI;ZER 4111 SW 4 ST 560 KINI.00II PARK MIDDLE SCHOOL 4340 NW3 ST 561 SIMPSON PARK - RECREATION BUILDING 55 SW 17 RU 562 JOHN J KOUBEK CENTER 2705 SW 3 ST 563 LI'I`FLE HAVANA HOUSING PROJECT til 1759 SW 5 ST 564 ORANGE BOWL, STADIUM - GA,rF. 12B 1501 NW 3 ST 565 RIVERSIDE ELEMENTARY SCHOOL 1190 SW 2 ST 566 HOPE CEN'TIiR 666 SW 5 ST 567 MIAMI FIRE STATION 114 1105 SW 2 AVIS .568 SIMPSON PARK - RECREATION BUILDING 55 SW 17 RD 569 UTD TOWERS 1809 BRICKELL AVF 570 CORAL. WAY NET CEN'T'ER 1300 SW 12 AVE 571 EL CORDERO PRESBYTERIAN CHURCH 2091 SW 14 AVE 572 SHENANDOAH ELEMENTARY SCHOOL. 1023 SW 21 AVE: 573 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AVE 574 SHENANDOAH PRES13YTLFJAN CHURCI I 2150 SW 8 ST 575 CORAL GATT PARK COMMUNITY CENTER 1415 SW 32 AVE 576 VETERANS OF FOREIGN WARS #1608 2750 SW 16 ST 8117/01 Page 2 of 3 8/17/01 Page 3 of 3 LIST OF POLLING PLACES FOPWIAMI AS OF AUGUST 17, 2001 PCT. LOCATION ADDRLSS 577 DOUGLAS PARK CO.'%VOUNITY IiOUSL' 2755 SW 37 AVE 578 IGLESIA BAUTISTA RESURRECCION 2323 SW 27 AVE, 579 1GLESIA BAUTISTA RESURRECCION 2323 SW 27 AVE 580 SILVER FLUFF ELEMENTARY SCHOOL 2609 SW 25 AVE 581 MUSEUM OF SCIENCE 3280 S MIAMI AVE 582 MARRIOTT' RESIDENCE INYN 2835 TIGERTAIL AVE 583 MIAMI FIRE STATION -118 2975 OAK AVE 584 FRANKII✓' S ROLLE SERVICE CH-NTER 3750 SOUTH DIXIE HWN' 585 EST HER M ARMBRISTER. PARK 236 GRAND AVE 586 MIAMI DADE WATER & SEWER AUTHORITY 3575 S LLJELINE RD 587 PEACOCK PARK 2820 MCHARLANF: RD 588 1 KRAINIATv AMERICAN CLUB 3595 1`iW 35 ST 589 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AVE 591 MALCOLM ROSS SENIOR CENTER 2800 NW 18 AVE 591 HADLE.Y GARDENS 3031 NW 19 AVE: 592 NEW MT MORIAH BAPTIST CHURCI1 6700 NW 14 AVF 593 CITRUS GROVE MIDDLE SCHOOT. 2153 NW 3 ST 594 EL CORDERO PRESBYTER [ANCTIURCI1 2091 SW 14 AVE 59.5 DOUGLAS PARK COMMUNITY HOUSE 2755 SW 37 AVE 596 OUR LADY OF LEMANON CATHOLIC CHR 2055 CORAL WAY 597 OUR LADY OF LEBANON CATHOLIC CIiR 2055 CORAL WAY 598 FRANKIF, S ROLLE SERVICE CEN'T'ER 3750 SOUTH DIXIE I•TWY 8/17/01 Page 3 of 3 • Draft of Proposed Charter Changes for Charter Amendment No. 1 as approved pursuant to Resolution No. 01-843 adopted August 9, 2001 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, shell 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,ffiay r-aet �_�� t-�d- a and +nay= s u e-ad be-qued, ' �, plead old i n a l t--t-ke eeu-tsofthis state —ai�ct in all-fiiat"terrr3—Ariiateyer-. 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 Gre6nanee�;ufflb.--96;= 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 T -to --- R, and ~ t-s-i-rt­sa"-eity,-�smeney as the ed:6y ee .-Vevided--€er e ha l l els em-- n -e f s eity, and in siicrr-iliei nem as shalle—hereinafteek" Page 1 of 123 01— 843 pte�r a�c�—e r-;---a-nd--3-n a e ee3 da Ree w -i -t -In- --t--he een s -t -•i ir-tt-t 1 eFi--a•nd laws ---v-=—the 'ei--%czu-i-crra the 44n4 c e d ewe%x .. t-ne.- zux 6 --e t• tG3' G"d �—ef e3L if# AJCom- e -de 9f - -hG-may. , grade, eta; repave, a{ c?Flziz'c-- I -ay tib , :, H9e; h i ghiJr s--e----a Icy --par z--t-her e e f r --and---t e r'fer- as hereinafter ms•_ded—,----:9 st5,...�, Qat fflaiiil-ain bridges, viaduets, t i sewers, and diFains, -cmcreg i -..` t =- use of all t-0—prevent- 6 h e—'li c�?-� Sid d c w t aAs–' . y -and pFevent g -,*de- eressinge e-,ze a3 ends'. te) Mato-- the ape: atien and sped --car all -ire#3 tiles using the -st.r-ee;69-ighwaye, and -rail—at a--:4hifi - t he--se�L-viee-rendered and buses, eabs, and- e:T4-ea-e-s-- ter- --the eari'yi eg-e f pa.9senigevs or--leeal asseeartents ter leea$ he r -e l na € tri previ ded -ate---t- tuheree�- Hca; ----men - the -previi e i ens e f--t;hosf Flerida and ef this .. -', r-ae•demos, , and -make -an -Al 11 �e cv idenees of indebs ednLes. ( e`) Te --j-H-4---he the t- - all l l -a -i;. f u i iii ::=i' e s e H--, (f) Acquisition and disposition of property and services: (i) To acquire by purchase, gift, devise, condemnation or otherwise, real or personal property or any estate or interest therein, Page 2 of 123 u l" 843 inside or outside the city, for any o the purposes of the city; and to. improve, sell, lease, mortgage, pledge, or otherwise dispose of such property or any part thereof. (ii) To acquire or dispose of services inside or outside the city, by purchase, gift, or otherwise for any purposes of the city (iii) lease to or contract with private firms or persons for the commercial use or 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 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 based on two independent appraisals; and (C) the use is authorized under the then existing master plan of the city; (D) the procurement methods prescribed by ordinances are observed; Any such lease or management agreement or proposed extension or modification of an existing such lease or management agreement 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. tai=- 843 Page 3 of 123 I ii e I u publa r -mer- J: e 9 Via e afid all hUild_4___ ap tise ef- by-_99-14 af Id e re rc B'deh ifflpr-e"o--� te rent PeLlsen aFxy --- 1�id er----budrj-ej4jjg e furnish any afid ai! .1 e e a:j, publie ewr-,---m -9-all-�blie 4- g___atr-eet light, telepheii ±e .ems and _we_r_� fer- e bitants 4ea-tinq, wate:r sbq3p4- �.� aintain all e --aft_ enfeFee te exerelee f -til 1 Peliee pewer-s an e a n ef aREIS -eGff qay-��t h i:1- 4:hutar-y tiell suehany alid- a-A -her-eef—, f q ef lands ea - materia! Page 4 of 123 01- 843 I ee demnatien, pu� "- ether-voise any est -ate e interest E'rii, lands s uv j e e t-� een hien$—A - -,.-_ter. _be _�et1134F3cZ�xE?.�ic -ir d4nn g er- Ieea-_eeJ et}fes;eje a€-theelty , Burp! rp ate of -water may have e, , a to 99upp1y ` Its ewn ifthab�tants� ,� �; --wee s -- t3 3 � � : . Te 91% , ti , acrd- exrf e ee z -at e e and edges--er -wa� _ ,=--ga-s , eleetrzleity,and --a*4--e - t bl e- ut:i 1 i t i e BtheiF---ser-viees a aenly'e_iii ei1£'t9----- 0�3"cxQcc�'rr el' furnished lay ca c. M �i7 a=1 e 1 eetr-j;e wires a , u , and --pr-eeer" _' es and -i- egul�~ iens f er- the e « use--ems--said eeedu=ce- and f a l l ui-e -e La r -e € u•sa-1--e f --- the ---p:a blie—=utilities- --te eenstLcaet siieh -ee-ndtilts---ate--pI-aee- t he Wi.12es undergi-e d --and maintain a--l-ien--againse t -e-s- (m) Harbox- 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 Page 5 of 123 01- 843 • 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. �' •-vn ~ms s' � u 63 2-6i c1la—ai3d his ..- . t (e) Sewage, . c ram- neo-=� ag , .8e Te -, , -- and dispase ef sewage, Fal, ashes, , ate , a r r - et r—piant� €er-- the ---dispee l e :Fdtien e�e ef ye utilieatE6eft f any part t er- / and t�e aequa:r-e by , Cend•t ,er eticee - _ state or- iRtecye��st- i:a any wate-F. land, land under- water- i the -1 qu'eh ut&l'Teatien' -(P) Abatement —e€ nu4saneea, .: Te—oeffipe! ei- eau -se he--aba-temeftta and r-efaeval e€a-I!-,ZU Wj'Efr h-- awe here the --same Finaybe; in V=he-event =-he-ems a:Reti-- affy eset-ems-- expense --f-e� sueh abatement er-L-eme -a- �o real prepe -1 1 to-req-uIve a3:9: real-pi5ep~ertzy within the-eit1 tc be - -kepi--e1ean, Sanitary, and -free f r-effl ,detierrierated,ElanqeEeus, ia3�-i t weed under-grewth,riibbiali, , trash, m -l -y and -trt t-ary foattei=j to regictlat- 4r -gfe e nary, unsa:g= htly, ems-�€€essiye blaBwitt, the tai � , '_^ r�?c�;�I-,ate--a pre_ti'i+ I__ g -e -f -r c f- an Elanger-aus er- Page 6 of 123 Ul- 843 unwheleseffie���- - iie:-,a 71 - , t hibit, r 9; t-h4TH49 det4 the h e a 1 r. h eeffifertF saf-ety, leenveniefiele, and --welfar-e-e-f--t-he we+!?�hts and measHr-es- ej,-- -sti-eh ea fflad4—t e- i,egulate, inspeet weights, ffi&Een3-, -te M&4re and prrevent &ir-es and te eempel pelse nEi te r -ender e -,t -e in elftellsl�- n , r - re u,late tilie ee+ifft rue t i en &nd ifi manne eens' en a r-qed--,� and r- e q u F: I law- quppeL-tz, and maintenanee ef �r-phl• Elepe dent, eii4ldren; r I es - and Detentive e:i,: penai ine Page 7 of 123 0.1 ll '843 i 0 spes a—e any s e t- i g #err- 14: abc-i-t- � & aff 14 wj;tz-}R r.; ip its eta a =ee =eaxe d sea s eazded Per- thehealtli, r -.qua. r gr-eund -- f4ee--el– - ut-&4 sheand --Sue� ''gifts --nn ee e •-- e t e eon rzhe dead, te–make--and ener-for–al armee �at;n►,- �r��re�eeea–and --kteeand --Lr- r a e t iiu i z rL 3. department isi �7 V=r9left6�-pel}�- i -6n --tom do all, things r.raa1---we €ar are., , gave tie,--eeffifneree, e efe -(}-- e-=atiz s ,:'em an pona:iLiesv* , i -,tile s , - and €er t it� a a a d t e Page 8 of 123 01– 843 • s Mq {aa} -g ee s es _ R a r = =HQ's--oe=-*-- -E) i e e -d t -' tea -- pr-a#-e e lens earrtzin- :moi -thin the --tom - t s e f -sem -14-ee .q and the to ;e9 independently of� neral tal�er-evenue lam_ puaFpese,,and--a-tith6Lity to the Fede: a1 4:i=a�c GiLy eet ne,,„ •• i-- 3Aazu—oF epines iatien: `r'e e, este a ..1 ee F7 i1eMeZ1Ve C.: =I effip,leyei-s and em lej ees .a.]Tcsc:T-Ai-i-era , tQ 1 E' -nine and icegulate ---l-r-eraft eper-a-ted ever- 6he e i- t y stApulate t�#e--he } }' �-- wh i eh and -- the f1a3ne r 37z=r-v:h z-ce-h -they fna¢ be epe v a t ed abeve-- the ar8a-within the --ekty1---.iffl —, -and to-Treanse and (ESE) A 4 ee = 4 . l.. a r,. , r . berateFages witl:.An the limits efthe-eity- (gg)-Seeet: aa:ies; haWFe:-, s and peddlea.9- begsave, : ; jitneys acrd ether -v.- 4 el e s , vC'hrre4e_q= fele ir4;re- Te-i�ec:. nee , eensc- e-1 r t an, and- -the 01- 843 Page 9 of 123 t-19-ry ci cre emhibit-ens; gaffies, and eenteete;--and }_e a r-easenabke-dR issien nee 9eF eaeb pL-rsen attending stiek events. "e- t-----and a7=rd—�a�}�6���-man aei1itiee—ef the elty, to eenstrtjet, --pavehase lease, se , and te equip, ewn, -1-4nes i-all ay, as well as yards, stat �ens 7— i vZ3°eu6i ses , cealf and et stet x-aeks r awl ehes , tun-, neicit 8and a-11-29 i..r+r tai t. ..SSR2ZL -2 eeffieC1'��'[� ��$ Fate- in-' eeli tneety'pS,C�yn therewith for the re e e 1pt- -- within +c-? : ,. r `" - s � and the sene aiiel not csQsciz `sari c..�S. mow-- ems----een to ei.Etend---e-r €ae 4 l it ie s e i-- shipping a a ewe rat e� eia �,x hereafter- evened by the e r Page 10 of 123 01- 843 ef said rgift, r Aghts er—pi=e}er-ty -deemed neeessary therre€eEl and v ep ` _ ted vim—z' -n e--e-r- lines err- fae!!isles, er be leas_ __ qi=ant the __e art- .-hereef er- any part of any pert appurten thE2'-e-te, vw--6i—Tcz.-Tc-a --etit3"3ems _ ear-I-iers ,—ier of feet-iy the have been published in a newspapei- publisi4edd within tete -e4:ty -enee--a weele few twe—n�ri�„�,,.: Weeks. To -edi Ey Iovdinanees—i t e, a" G e de --e f 8rdi Hanes o f tie --Cid ef Miami" and by a single erdinanee be -adept sueh 4-Cede—ef Or-dimanees of the Giey ef--Miatom'— as a fnp1 e - - s r to ame3'fa---$ueh e9ele eF en-4inaideee, It, and eedl f y ems- reeedi fy it; te aEIc434-_— siieIi nevi e l cede by a Single f-- a- �c�-' _ I _eeel i f y any shall be elted -a (Ii -}e) Self insui a e al3d t;rus t -Te « .,t..l , ,t-. MiamiSelfinsuranee and insu�r-anee-gyrus` FunE" for - the S vc—ef pvevidini funds-- f self eltyr the self and insuvanee eg affi; -ei-�--Olen in ea�,d 01- 843 Page 11 of 123 • 0 M r/ establish elf Ins-dica}gee- --a_� ---_ __ awe eemmiratee c-►eed- a€ --t h a e ---mem e3s t o b appoint eel . a agems- '' ^ • ` • zi-- c^Tc^i 1-d—f-i id --s 3d rZe -'e-e-m -Tia=�6 -e h e G y-Je e -,,ebeaeettmtilated-a-nd fna-intained aid the ameanti t -e -Age eentributea- f e-.t,a�-enanee-c4- LAie-€ud- -=-}-�A�e'4 eJ C4 B J p_'L^_ ethay.w _f: as andinets' ze stY et= an h r] {-tilie use ^7,,,fi' _ _ ethea'� i ^ Y'.v� �-i i 7 e i �TicZSZTT'V'� --'r peiGZI t R w C Sn - -- -e v e i ~�ffte , ''aTxiaT-� e�!iT---n-t e t BE 9t h eiF -e with qeVerrnffient t_ er-t ,b €aeilzt es ,- t e--pewer-9 as may be ed-- —er eenvenient -i e r — Stieh e�stabllshmen6 ±en, and fnaiaEonanee, to levy taffies f -a-@ -lit res sh 1 . ave been --aequ4:rred—by lease, to _Y . t'e--lands,—moitzh-- e wl-t--heut---eensider-a-t-ren, to ether eveLatiffien��� entities fee use - landing f-i-e.IEIS =r-,a}rper-te, (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 of the front, rear, and side yards, courts, and other open spaces; the location, use of buildings, structures, and land for trade, industry, residences, apartment houses, and other Page 12 of 123 3 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 eCharter 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 Biscayne Bay or the Miami River from its mouth to 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 requirements may be modified by the city commission after design and site - plan review and public hearing only if the city 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 Page 13 of 123 01-- 843 • requirements, shall govern. such greater requirements (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 13, 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 20, 1972. €e= the --erreetiai ea and--f-UiF-- of ---phi et dig , heapitals, el jt effiee buildings, , et-h-er--%idn-e-ipal strueturres; t e � grew e.meeute Tet e s and etheic- evid:enees e€-- Indebt_—'- _-n-s' n- d. tom i riga and the land --L'- +Ohieh the buildings may be 4-aeat-ed , eaep-ensea e—,r d- -N—ed eharges , ineluding inlet:es en. the d bL Be erea-t-ed and eta- all ethei= det ereated in the--eensevaetien- of e,,�ilding, as well as to pi -edge and hyper -5.,e a the de -r,� stand, -all-far---t e parpee -ems the �a eenetruetiee< t -e 1. i .- indebtednesse$s4 t: f'eatems---ef ,•, _-.,;_ed by the net r—eeelpts+- *m-'-t4ie use or .rental of the Page 14 of 123 01- 843 present i -6t 2 - , --vi4di:3q --- cre E' c eE - -e t e—�4 er-eeLeel-far- L iblii=ur-ie=es . N=t;--«.hst ndin-�-s- ie hall ever -he --1 ev i ed --nem. e auti:ierrlzed ]By this seeraien-. -- Lam- T�e-berrew meneyfer the pair-pese of previding an lines,and the pari. ese -ef r -.e-. r --fir=-- r--- o. acid --ext =ndinq the excisting rte i'1 -s e e ri€i e a t-ee-e f j: nd �-1 t edZe- e; --and- -e s e cytire- s �Ie by an----- ig me t of allnetrentals and net— revenues,,—afte2' the payment of allr--at-- e*penses and -€i*ed-e#aL-ges, ineleding interest en ehe--debt se er-eated, andalldebt-ei-ea-ted -1e n eanstl-uetren of sueh --peer-c, derived frets --said w er-w .rks steff ems-- any-peaFtien theree€,unt meney s se beerrewed-shazl have been -fully Fne2Ftgage--the enttirme t p^o en theveef to -.;zap Few eessaty Fepa-iws, a -ad t -e pledge the- net revenue derived f�efft said syet e:~, untA g: sa:iEl meney e#all -#awe-been - f iA ly repaid. �Fet t -a tgf e blevied --netv-menutaircee-er-li�re•�ted--��etrthe -e€ the indebtedness auther-ized by this seetien. , the-}ur-pese e£ ee t r�eti�3g; p„r hasi„ghiring-, ,- errat- 14:ght lines, t a per"�a eR, 411,afninatien,peWe Wat-e,, xee the --publ -. titilitles se eeastaFueted, ptiveh se , hired, tura-inta�ned,-aper-ted, the eitistenee e f- t- e-- rzdeb ed ee$ helFIF win” n" o f a aid t, 16a p edge �etheeate-- the --net rre,�rentte, after t#e-patent of a-4--epe r: a t i tiq empenee s and f �6Me d —e a ; inei�td i ng- interest e n tAi a debt se- a yea t o d --Gerd -a44 Wage 15 of 123 01- 843 4 3 utilities se eerrstruet-ed -e3 purr-ehasead—I -Fig Vie? -i lway , might- l ai t , to lephene^---tend a r.i .,t. . .tefn, and ate -3 Peand gas plantsp beFL-ewed Shall have been fully --- repaid. Free the�t e^ ic-cazaess—r=.--------- by. r" --""' D or -d i nae --t the —regit tie—lam -- and --vete mid ilial el eek ems --held 4n- the a i -t , to pEsN4de a-R4-pr-eseri,,''be the�z'uffiber- ofyaL i�1 f--, -ui^scc, t --prese;Lbe -_by er-dinanee '_ the .'7--iRc--- ^ tt registratlen the establ i tent �kle-eping ef the registr-aee-- eaei-ds, and the estalis :,nem e€ reasenable rules defining when and --hew -pees beeeme disqualified ---ter- vete, as well as the pLeeeedure €ter tire—reineval f- emth . eo.Efeet- ub4ie—imps-e;=emendie, When the--iasuaiee -.&i ic-vfinds €er t authorized —aid ---has been validated issued beeattse-,-' t-he—neeessi-ty ef _aa; t .., 6f- mit aggregate pininelpal ameunt of 9 revenue 3BY- the --ee: ; F ; a t , of i .n. ebt edn tea rj the date e€ issue eendit—3 bed by the e t y eemmissien Page 16 of 123 01- 843 net be issued ev their -ss -amee Shall be , tames, eneept as the eity eefiifflissien may de�e�t-wee-; shall -b e—de efge d t e een3 tti to a P edge � ta- th and--ey=edit e€ —the eity, ner shall the issuanee ef any sueh -_rt-f__^ee of anr7eh3_e4neaa Ethe �'ir-ee'tay,----�zxaiirea�-6 ly eb1 i..,- ~ - L h e-^ tT l } paymentand p- ;Fid -ed fur-the;F 16 -hat- there be ne levying ei- ss) Pe:wee eve4ameis o9i f3ed er- leaeed 4n un ty . - T -a e-xer-e-i s e pelree--jurisd i etierf ever ,1 , lands awned e r- !eased by the e i t y ---i n , g regulations and p -eeCar-iii 3g— i es and -e__a, ,__may:,. €ems--thefialatien thereef with the same fe?Fee anel eweet as if—the —said lands wea-ewithin ---t,Te E?sEpefate-izrrri 3 e€ €iie n_t f `E M_ami - Gettaty,-Fler--je?a , ever any peL-seii legally taleen inte ears tem- by the eity e r the =oma l a•t i e n e f an endinanee, to iz-i-a ert saA:El per -see 4 any iqlaee in Dade $rid`a; ce-retake it3 , W$ th4ti t -a-- W e n -f -e, z=ee—all -p-i -e inane e a eenTom- r - _ _ _ _ _ r as if ehe 'L7a-id—etisted'y was Page 17 of 123 01- 843 0 • having ne visible means of suppe e, Anel ea,.--aene whe may be nge es to the pewee —or safe-�ey--ems--the -e qty f rent vessel --ems- the ewnevs ef any eenveyanee, bringing sseh-peFsee-te the eity, to toper-sen-baek bei --w 4: t h --s a-tis€a e tce-y -seen=-t-y--that —e�xo� e -r -se shall e n e- year- frem the date- e- -moi s aaFr ival g and , s e Tv� ze urban t n n rd nzs-E'FiE'k'e'1-�^Le"�k�-^6� t� �'i-t�� 6�— rlreiirrr Sec. 4. Form of goverrunent; nomination and election. (a) General description. [Cemmeneing--with the eleet-',*en e€ t-he-mayo-r in 199T] The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the "mayor -city commissioner plan," and the city 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 city 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. [Cemmeneing--with the eleetien—ef 61-xe mayeaF in 997,1 t -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 aeteal and reel a residence in the city for the duration of his or her term. The mayor shall not serve as a member of the city commission. The city commission shall consist of five members who shall be elected from districts within the city, numbered 1 through S. All persons desiring to qua!:�€y Page 18 of 123 01. — 843 run for the office of city commissioner shall file in the districts, numbered 1 through 5, for which they are qualified as provided in subsection (c) of this section of the Charter. GefRmissiener in d 5-t-r4,elt- nia„ er-ed shall be eleeteel at the genera e-leetien to be -heli in the-yeaF !9.97 an shall serve der-a-t-we--yeaf to-rpt—City commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 1997 2001 and at [eaeh] the general municipal election or runoff election each four years thereafter. City commissioners in districts numbered 1, 2, and 4 shall be elected at the general municipal election or runoff election to be held in the year 1999 2003 and at [eaehl the general municipal election or runoff election each four years thereafter. The mayor shall be elected at large by the electors of the city t -he ge:___,� eleGt4:en -4---t-he y'ea -4:994—ail —cis eaeh genera--eleetien eaeh feta-yeare t- exeaf-tem and shall hold office for a term of four years. The mayor and all city commissioners [are] to hold office „1 thei-r sureeesseEs are eleeted and q..lfied from twelve o'clock noon five days after the canvass of the vote by the supervisor of elections and the declaration of the result of the eleet4:en fs:F the meter --e€ either 1) the - general municipal election or 2) 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 ehar-t er e€ the G4:s=-y ef Miam. If a candidate for office of mayor or city commissioner receives a majority of votes in the prrifAaLay general municipal election (in his g] 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 there be no candidate Page 19 of 123 01- 843 receives a majority of the votes for that office, the two candidaWes for-neminatien to the respective office __mffi4:9f3*eneia who received the greatest number of votes for that office in the purr general municipal election [i -n each -9x:e 1 shall be placed on the ballot at the next m itJ'_-I runoff election €ellewing- in—s ee ten-- e€—t Eharter-.- The candidate €ernefRinazen-receiving the greatest number of votes in the r-egiular crre3-mega-]- runoff election f:ellewing the primary _._ z, --3.-t- etheiee qe_'__f_e , shall be considered elected to the office frrem the greupfor which he the candidate Cas] has qualified. cru. f e the --effiee—e€ Mayer shall preeent an iFFeveeable Eesighatlen of his efftee e - tom-- r ~. e eity -ee ma:eeie3a [net mss ---than ninety days --pr- tem--te the -date ef e l eee i en---wh Marre r- �a 3 whether ^ �., � �T-- �,�ge��y.. said-Fesignatien shall beeeme effeeti Le—en the e --e€ the e 1 ee tren . teen-- 0.- Vesignatien---tire and eity--elegy to aeeept qu., f i ...,] eandidatees ~e =e. e1 etieta 'er-he—unexpiaFed term e t4ie—eiit !etft"mss tee} gi g tee=f-er-{ 3 _©sre melee t e a - desires to-- run € ems ---s eme }=y eefimissiener, thenunder-su-1- c��� arr��-ice-crr�iri^�T net be requived-ta- resign -his eity afflee unless a Mrd --until he has been e-1 eet a dt-e---�3�.-e t h== e l_ c t� .off4:ee . in the-e;ven-t- that ---eueb---FRayel. oma-- e eefniesenei---1s--elaetael to -,»eh -ether elective --awe ether that} --that e€ fnayer ere�!F' esfnmi s-si� ,--tee shall }mimed -i a t -e a-i-git--+Ae a rr eit-y eammisalener- al=td--upen h4:9 -f a: l :- re f'a[Fa! :6e-rr�, e se he shall be diseiiarqed­aii eueted frem his effiee and said of €wee- deelaved--va-eant- iaf -a —lam vette--ef the mewtber-a-ef the eit-p--e-& issiefl. (c) Qualifications of mayor and city commission; mayor, city commissioners, and other officers and employees not to be _interested in contracts, etc.; franks, free tickets, passes or service. Geffiffienelfitf � 4-m- t eieetten of--Fffina el= in 99?, 3e Candidates for mayor e -r Page 20 of 123 - $43 -f-a-nd3 FRemberef e -e -it shall be residents of the city for at least one (1) year, prior to qualifying and shall h,-FPE—the qualifieatien3-ef) be electors therein. Further, candidates for [mete- ] 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 aetual— and -real- -residence in that district for the duration of their term of office. exeep�L--o-r---the X99-7 eleetien. zers e1eeted--- • a the � } - they are e�-ee-�-ze 3�,�e t -i e� e-�-s�.-��. et--� repr-sent�-wit-h4-x--three- -(a)-menths-after the -tB1. --ter:, and raainitarn an aet;aa! axe--real-*eeidenee- f-or-t-ke du:-, wren--e€-thei r term of a€f-iee----The mayor, city 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 city commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his or her office, and any such contract in which any member is or may become interested may be declared void by the city commission. No mayor, city 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 firers personnel in uniform or wearing their official badges, where same is provided by ordinance. (d) City commission to be judge of its own elections; neither mayor nor city commI ssion nor any committees nor members thereof net to dictate appointments by or interfere with city manager. At—�.the � el:eet' The city commission shall be the judge of the election and qualifications of the mayor and its own members, subject to review by the courts. Neither the mayor nor the city commission, nor any e€ its committees ey- nor members thereof shall direct, request, take part in or dictate the appointment or removal of any person to in office or employment by the city manager or subordinates or Page 21 of 123 1 843 0 • in any manner interfere with the city manager or prevent the city manager from exercising his/her 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 city commission, any committees and 3-ts members thereof shall deal with the administrative service solely through the city manager, and neither the mayor nor the city commission, nor any committees nor members 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 city commission or committees :with t admi.ni.srt-en- of the eiy 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 or her office. Any willful violation of the provisions to this section by the mayor or any city 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 city commission; rules of city commission; quorum. GemsT, etien -ef the mayer in , The city commission shall elect a city clerk and a city attorney. f, bulc-] No member of the city 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 city 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 city commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (f) Meetings of city commission; to ae 8Oy ordinance to be read by title only e; ___olubien—fear-e€, -fliannez=-af __ __--____,______ [cliC�'-_J -with Page 22 of 123 U 1- 843 the ` erem len of tine --Fn s-- 9�7, At twelve o'clock noon on the day the mayor or city commissioners take office, they shall meet at the city hall. Thereafter, the city commission shall meet at such time and place as may be prescribed by ordinance or resolution. The meetings of the city commission and all sessions of committees of the city commission shall be public. The e oxen shad= aee enly by--erdinanee- e --wr-- '-gin a: ese ire i; and all erdinaneeaand rese'_��=; , e)Eeept ordinanees making-apprspria-tiens, shall bP-e9fif ined to ene subje&6 whi.eh--shall be _, __-='_�,• essedir: the title. The, erra?nanees-making-apprepriutiens eenf fined—Ue the -subjeet ef- mss—"Ne epit-tc-t=ee shall :1--e-ad en zee -S epa.r-ate days e--ir- the . _-_ement ef-r-eadings- an t-we-cepa-ra zee .,-- ,u-e-beena:�geee£d with by a f_..v -. fifths vete ef--0,e members ef the eity _aFflissieli. Ordinances shall be read by title only.-Gap4-_ page s e d exp .r- an eyes shall b et e the ayeaF aeaeh__e-'*­ravailable te—all ii3t=-ei-ee --h—all be t-ake-n---epee the - passage ef a 1 l e rd ; n ., nee s• er- e _ idpen=nal e� ityetm e a eta ; -- --a and —eveaF1 erdina-nee ems re elut-ien shall require -e« =a-1 passage, the ff-.�-fftatA:ve vete-e all members. No member shall be excused from voting except on matters involving the consideration of his or her own official conduct, or where his or her financial interests are involved. (g) Powers and duties of mayor. the cleetien e€ mayerin 1997;1 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 city commission with the authority to designate another member of the city 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. Page 23 of 123 01— 84 3 • (3) In time of public danger or he may declare a state of in state law and may with t commission, take command • emergency, the mayor emergency as provided he consent of the city of the police and maintain order and enforce the laws. (4) During %is the temporary absence or disability, the mayor tale duties ,ll be r � �.F..rffi,.dr�_� - mayeic's--dam. --whe shall he 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 sarfle city commission shall designate a member of the city 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 city commissioners then in office. (5) The mayor shall, within ten days of final adoption by the city Gcommission, have veto authority over any legislative, quasi-judicial, zoning, master plan or land use decision of the city commission, including the budget or any particular component contained therein which was approved by the city 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 city commission may, at its next regularly scheduled or special meeting after the veto occurs, override that veto by a four-fifths vote of the city commissioners present, notwithstanding any provisions to the contrary contained in the Charter and city code Via. Said veto power shall include actions pursuant to sections 29-2 through 29-D of the ei-t-y eCharter. (6) When one person succeeds another in the position of mayor, the successor shall have the right to appoint the city manager, subject to the approval. within 14 days of a majority of the city commissioners then in office. in the event of a vacancy in the office of city manager, the mayor shall appoint the city manager, subject to the approval within 14 days of a majority of the city commissioners then in office. The mayor may Page 24 of 123 U 1— 843 0 • remove the city manager subject to the city commission's conducting a hearing within 10 days of said removal and the city commission's overriding the mayor's action by a four-fifths vote of those city commissioners then in office. Additionally, the city commission by a four- fifths vote of those city commissioners then in office shall be able to remove the city manager. (7) The mayor shall establish and appoint the members of a1.1 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 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 city commissioners and the city manager. (9) The mayor shall prepare and deliver a budgetary address annually to the people of t: he city between July 1 and September 30. Such report shall be prepared after consultation with the city manager. (h) Salaries of the shall be paid to Miami, Florida, compensation, the ($5,000.00) per payable monthly Commencing with compensation of t the commission. mayor and commission. There -he commissioners of the! City of by the City of Miami as sum of five thousand dollars year for each commissioner, in twelve equal installments. the election of 1997, the ie mayor shall be determined by 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 �ne;udi:nr j eV64:Ra ees-g n'�ng Page 25 of 123 U 1— 843 franehises privileges, and to adopt the same at the polls, such power being known as the "initiative". A petition meeting the requirements hereinafter provided and requesting the city commission to pass an ordinance therein set forth or dies 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) Preparat.i.on of initiative petition; affidavi t of genuineness of signatures. Signatures of 10 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 -DADS) 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 Page 26 of 123 01— 843 0 • All papers pertaining to any one [f:e-ate] 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 [at least __;,__ter-e_'v'_errs] 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 [beeke] 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 city 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 city commission. Upon ascertaining that a petition is supported by a sufficient number of signatures, the city clerk shall so certify, and -fie --the city clerk shall submit the proposed [measu el ordinance to the city commission at its next meeting. Upon receiving the proposed [measure], the city commission shall [ate] 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 [meag••r:e9' ordinances. if the city commission fails to pass the proposed [meae�-e] ordinance, or if it passes it in a form different from that set forth in the petition, then the [measuve] ordinance shall be submitted in its original form by Page 27 of 123 843 43 9 i the city 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 city commission. If no election is to be held within six months from such date, the city commission shall call a special election to be held not fewer than 30 days nor more than [4i] 120 days from such date. (f) .Initiative ballots. The ballots used when voting upon any such proposed [meas -e7 ordinance shall state the substance thereof in clear, concise language, without argument or prejudice, and shall provide only for a vote "for the [mese] ordinance" or "against the [ffiemasure] ordinance". If a majority of the electors voting on any such Emeasu e] ordinance vote in favor thereof, it shall thereupon become an ordinance of the city. When a [measure] ordinance proposed by initiative petition is passed by the city commission, but not in its original form, the [tee] ordinance as passed by the city commission shall not take effect until after the vote of the electors; if the [me] 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 city commission shall be deemed repealed. The following title shall be substantially the form of the ballot: TITLE OF 444SASURS3 WITH GENERAL STATEMENT OF SUBSTANCE THEREOF FOR THE EMBAS ] ORDINANCE, AGAINST THE [MFAGURE] ORDINANCE. (g) Number of fes-=] ordinances to be initiated. Any number of proposed [m--�ures] ordinances may be voted upon at the same election in accordance with the provisions of this Charter. Page 28 of 123 01— 843 0 • 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 city- commission or measure submitted by the city commission to a vote of the electors excluding measures relating to subjects that would be precluded by law. Such power shall be -i -rig known as the "referendum". Measures submitted to the city commission by initiative petition and passed by the city 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 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 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 Bigned by 15 percent of the total number of voters registered at the last general municipal election as shown by the city registration (beelee] records, is filed with the city clerk 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 general 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. W -i -t -h Each Page 29 of 123 01— 843 r • 0 signature shall be e-tre-,d be in ink or indelible pencil and shall include the date signed, the printed name and address the ' _e "F _ -- ' def 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 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 f0ll0wi31g form: STATE OF FLORIDA ) as. 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 city 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 Page 30 of 123 01— 843 0 • [beak -e] records. The city clerk shall attach to such petition his or her certificate showing the result of such examination and give notice thereof in writing to the [aireulat er ei-ettlaters esf----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 the filing an amended petition with e€ additional signatures. The city clerk shall, within 10 days after such amendment, make examination of the amended petition. (e) Referendum election. If the petition is [bye] 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 city 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 city commission of the city 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 city 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 city commission not less than thirty days after the receipt of [sem] 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 city commission. [But] No measure giFai6ing--er amendinganyp:ublie utility meaauac-e-9L= amending or repealing any measure adopted by the people at the polls or by the city commission in compliance with an initiative petition shall be regarded as an emergency measure. Page 31 of 123 'tj ,1 – 8 43 (g) Form of ballot. The ballots used when voting upon such referendum Ipi=e}3e — �- rel 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 shallbe subject to referendum like other measures, except that they shall not be suspended from going into effect while referendum proceedings are pending. An emergency measure subsequently repealed shall be deemed sufficient authority for anv payment made or expense incurred in accordance with the 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. (j) 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. pular and Primary Election of city commissioners and mayor. A iaegulag general municipal election for the mayor and city commissioners shall be held on the eee~e first Tuesday after the first Monday in November in odd -numbered years. A runoff election for the nemina-tien of eaedidate €er- the mayor and city commissioners shall be held on the f4:r-Bt= second Tuesday after the first Monday in November in odd -numbered years. -i-e4--t-e Page 32 of 123 01- 843 t -e -- an lee t -e r atthe _era! state e l eet-Ei a to and s h a l l have resided -in -tie- Gity of Miami fems--s-i-x men-the-ne=-e preeeding the eity-e1eetAen a-t-N,#h}eh--he-e€€ers-te -vete and ahall ha been req -` st---el t' hat have / e en p r e s eyb a d--}?" , car's retie--moi-tom+,-a aAll elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, elxcept as otherwise provided for in the Charter of the C -i -t ,F of Miami, a-nd-eiteept that the eit +-eemmissten shall tee--_*u-.bst *-u a of eetnn -eit . The name of any person qualified as provided in section 4-(.e-4 of this charter electer- ei—the- eity shall be printed upon the p�.--±ma� ballot as a candidate for neminati:en-te the office of mayor or ai=±d city commissioner upon paying to the City of Miami the sum as prescribed by ordinance of ene e -d to be accepted by the city clerk as a qualifying fee along with the sum for election assessment as proscribed by state law net- less --th-rn-€ I=ty €ive days during the qualifying period as prescribed in this Charter prior to the date of such .-I ..a� general municipal election or special election to fill a vacancy. , and said eleete= Any person qualified to run for mayor or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk submit eeneurrently therewi s ern starteffient including eAE- his or her name, address, occupation and willingness to serve,- if elected, accompanied by the requisite documents and fees as provided in state law and section 7 of this Charter. An affidavit 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 said 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. Sec. S. Form of ballots what candidates in primarplaeed on } iffier ballot. All ballots used in any p•�-y general municipal election, eir general runoff election or special election to fill a vacancy held under authority of this charter shall Page 33 of 123 01- 843 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 �G eandietatem-Temneminatome�n "ce-the -ez zee-ef eiey e-, �+M-^---- - .-Rhe shall. eeei V=e---,Gi+e gr-eatest= Le= --he a-4_�la3mr--wiinieipal—elnet to e3-Eeeed u91:lble the number of __�'�- �-o,r__•_,_:L tv--be eleeted, Is�St .--vrrt':ce net ""eve--t-han eandidates-have —been f t -e -d ami legally qualified feth e e f - - = s' � l aF e ne -e ii 'ee---6•r' t p � eE1E"i�xe—t G—�cu cco c—idEr i rk ---�;ma Y r 1 e1eet-iezshall -be piseed-en the-hal1es -tet the nemztree Muni-eipal eieetren, paFevided t=iiatz they Aave -beer a. -ea andlegallyquali.:ed Per- the FF;e—ef aF3- 3 --ed unelei- ts �i3as t e j Sec. 9. Declaration of election; how tie vote decided. At any regular munieipal runoff election or special election to fill a vacancy held under the provisions of this Charter, the candidates for the office of city commissioner, in numbei- equal- to thie number ef: _ ty eeffiffli:994:eneiFs-- lee Ibe e eeted, who shall have received the greatest number of votes cast, shall be declared elected after the canvass of the vote by the supervisor of elections as provided in section 4. A tie between two or more candidates for the office of city commissioner shall be decided by lot under the supervision of the chair of the canvassing board in the presence of the candidates [a eetirt At any eg fnunjelpal 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 after the canvass of the vote by the supervisor of elections as provided in Section 4. 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 Oi- 843 Page 34 of 123 [eetrrt of -ein'.-tent I. see:. 10. D s inezien -between--general—and----epee _, ecti. All eleetiensh ,,a--f-ar- tie-eleetien of mfro and --e t� eemmise-rgne:69 mss - be lena'wn as- general: —Mul iia1 ele Liens—A'1-ethr-eleetyene held under--tAie-p.r r_c_____ of t-h4-9-isial 1 he s -s � ...__ 19 ] i T [See. 11. The recall . ] Sec. 12. Filling vacancies for mayor and city commission. (a) A vacancy on the city commission or in the office of mayor caused by death, resignation, forfeiture or other action or ether- causes shall be filled within ten days after such vacancy occurs by a majority of the remaining city commissioners. The person appointed must: meet the e.rualifications of the office as required in section 4 of this Charter. [ate] The term of office of the person so appointed shall be until J+i-& the successor-( in office is��e elected and qualified at either- whichever of the following occurs first: (1) the odd -year [fir--st] general municipal election for mayor and city commissioners held pursuant to section 4 of the Charter of tie^_, --t--1- =f --Miami, or (2) the even -year State of Florida general election, at which election national, state and county offices are filled, wh relieve -e ec-ura-fir-at. The candidates for such election shall be qualified as provided in section 4 of this Charter and the qualifying period and requirements for such election shall be as provided in section 7 of this Charter. (b) 4; Ft tie—event-----t=hat if the remaining city commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, [tom, and - in that eves,] 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 [sa3-6] ten-day period and the five day qualifying period; err6he purpese-ef the e eet=ers Page 35 of 123 ui- 843 se-leeting- the -Fnayer; -a- -- --=-_ eefn"994.-. eFs. 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 shall be the ftayeiF andTar- ear�rl49-4:6ne and effA:ee be A -s e.c—her ahall untia his e:F hey—pec-_sem--in .'-e"'�- ----•��e'and 'q 4 f i ed at- the fi3=0 t - 9eee+-=-4 1 «. r,.a. i..,r A�-ccciv33---X63[--iRryy,-'-�Tiu-Tom'-'L�ey, ^ �+' F .�s�t held �r.: n ..F the" ter te -`•C 12G� of tTt�G�"_ef MA:ai�'S ,,—� �p7,�li�nuair�- subsequent te [Gheuld t -he -r -e fie-mere--chair--ewe Ejuez"raeaney en --fie t -h ear,—and- in per -sen --ems ��� _ g �, f ' � y �, . n �-—iizilia�.� Ems --Ai - ,-,.... el e et i ear— shall he 1=49 e—a}---�c - (c) In the -eves If the city commissioners shall fail to comply with their duties as set forth he -rein this. section, then, and in that event, the 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 city commission or in the office of mayor. see Bleatien when term of four or More-4--i-ty !i t-BiieAi�6�j Where the—t —MIMselener$ expire-simuleaneetisay at ene-- gene,-- eleestien; then the numbet- e € - e i� y eern� ee i eves € e een s t it of five -members era --be a=eet-ed f ems --the -t a rms- e€-epee Pres er••ibed--by--e eet�d:en g of the e i -=tem of t -lie Ci Sec. 14. City commission may investigate official transactions, acts and conduct. The mayor, city 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 Page 36 of 123 U� l - 843 0 • may secure information upon any matter. In conducting such investigations the mayor, city 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 city commission or the chairman of such committee, as the case may be, which may be served and executed by any polices officer. Sec. 15. City manager --Qualifications; appointment; term; salary; sickness or absence; removal. [EeffHnenei-n with the —eleet-ien—ef mayor--iia--1-997; ] The city manager shall be the head of the administrative branch of the city government. The city commission shall fix, the city manager's compensation, and the city manager shall serve as provided in section 4(g). The city manager shall be chosen on the basis of the city manager's executive and administrative qualifications. At the time of the city manager's appointment the city manager need not be a resident of the state. Neither the mayor nor any city commissioner shall be eligible for the position of city manager during or within two years after the expiration of their respective terms. [gemffiene-iffg--with the e, ee ; e f n-Yer, ] The mayor, subject to the approval of the city commission, may designate a qualified administrative officer of the city to assume the duties and authority of the city manager during periods of temporary absence or disability of the city manager. [Geffiffieneing—with the —moieet ler—e€ layer- !:n 9:997,-] The city manager shall be responsible for the administration of all units of the city government under the city manager's jurisdiction, and for carrying out policies adopted by the city commission. The city manager or h4 -a designee shall execute contracts and other instruments, sign bonds and other evidences of indebtedness. !IM ems -he,- aFeme a7 � l fr_. 'affie by _ the ----aity--- manager's --sulgeiFdieates, el- take -part in the a ppe n tnie e-ir--e me'o`crl o f o f f -i erg _ and . p l e f e,&a in the _A4._iniqtrative .i es—ef the tit_ fry t43 �3es r eity i the Page 37 of 123 01- 843 esmffl3 s c�-- sj:IaItI Ejtu �, w i t s -fie e i n 4! s t r a y %a e--seryee selly th ` h. --tai manager and -ne-- t . arTy-e i -t er shall gi-ve el-elers-to e f the --e i ty+-- a ag r; —e -theme--PublielY '9r 'pia eel y . may willful Velzt46--a-en eff the this m gi-e:tels fv her--emev��alLl f- -e�-ef €-€es t ire r -t by -the state--at5 erneay -i thi s–e y . Sec. 16. Same --Powers and duties. The powers and duties of the city manager shall be to: (a) T -e See that the laws and ordinances are enforced. (b) Te Appoint and remove, except as otherwise provided in this Charter her=in piFe%4de , a1.1 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 eCharter. (c) -e Exercise control over all departments and divisions created herein or that may be hereafter created by the city commission, (d) �e Attend all meetings of the city commission with the right to take part in the discussion but having no vote. (e) 4�e Recommend to the mayor and city commission for adoption such measures as--he--the city manager may deem necessary or expedient. (f) -Te Keep the mayor and city commission fully advised as to the financial condition and needs of the city; and (g) T'e Perform such other duties as may be prescribed by this eCharter or be required by the mayor or ordinance or resolution of the city commission. Page 38 of 123 �i 1- 843 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 eCharter. Sec. 18. Departments established. The following administrative departments are hereby established by this eCharter: (1) Department of law. 4-2) Department ef -publ iesevv-iee (4) Department of public safety. (5) Department of finance. Sec. 19. Creation of new departments; discontinuance of departments. The city commission may, by ordinance adopted by vote of at least three members of the city commission, create new departments or discontinue any department and determine, combine, and distribute the functions and duties of departments and subdivisions thereof. 'Seo -4-1-9 A. Authority fa 0 eveate and diseentimte departments by ordinance not !in zcaa --br ether eharter previ ions. The fere and a ftp-pa-eeed—ai-id adept pursuant te this aet shall n oma- be , l t- e a _, b j e t 't7�S.TRTG r �. j - J - t ­e, er __ tfel' ed--by,—any limitofieiis, defin}tlefre, e3F. e6her 9eet iens ei the e ,rt r of the —Gi y of Miami. Page 39 of 123 01- 843 0 0 Sec. 20. Directors of departments. The city manager shall appoint a director for each department and, in 4 -i -s the city manager's discretion, may consolidate two departments under one director. Each such director shall serve until removed by the city manager or until h4:-9 a successor has been appointed and qualified, shall conduct the affairs of his or her 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 or her 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 er 6a the 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 The city attorney 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 The city attorney 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 h -i-9 approval of the form and correctness thereof. The city attorney shall be the prosecuting attorney of the municipal court. He The city attorney shall have such number of assistants as the city commission by ordinance may authorize. He The city attorney 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 city 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 Page 40 of 123 01- 843 suits, matters and controversies as he shall, by resolution or ordinance, be directed to prosecute or, defend. The mayor, city 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 iaw; and upon his or her election by the city commission shall serve until the time for the election of the city officials specified in section 44-e4- of the eCharter which follows the next general municipal election. See. a 2-A . Department o f water and s ewerat—wa-t-e-r—a-nd sewer board–. Sao • 22 B. Department of publie waif Ve . Saes 22 G. Heard of trustees of jackse�--�ietsa�ia� H Sec. 23. Departm©nt 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 city 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 Page 41 of 123 01- 843 0 • 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. (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 or her 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 city commission of V=he Citi+ 0f -te r i 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 te 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, 4i -e ouch member's successor shall be named and appointed by the remaining members of the board, subject to confirmation by the city commission of the city. In the event that any appointment so made shall not be confirmed by the city commission within ten days after notice of such appointment has been served upon the city 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 city 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 Page 42 of 123 843 • • his or her predecessor, except that any person appointed to fill a vacancy shall serve only for :he unexpired term, Upon the effective date of his or her appointment, or as soon thereafter as practicable, each member of the board shall enter upon his or her duties, but before doing so he or she shall take the oath prescribed by law�e ~ien-41 (e)--ethe --elt--}r -eharter 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 or her office, which bond shall be approved by the city 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 city commission of--t-he -c-rt-t may establish by ordinance, payable in monthly installments. Any member of the board may be removed by the city commission of the city for good cause and after proper hearing by the city 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 city 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 chairma-n 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, Page 43 of 123 01- 843 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 a.11 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 acs.. Upon the adoption by the city commission of the rte-= of an ordinance declaring the need for the department. and --he 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 relating 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 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. Page 99 of 123 tai— 843 0 r (e) The director shall. be appointed by and shall hold office at the will of the board. -fie -Such person shall be 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 or her in equal semi-monthly installments, as shall be fixed by the board ��t sae,Z -t- be lege c a p' �.c—dollar-4-- Before entering upon his or her duties, the director shall take -t-he any oath and execute t -he any bond prescribed by law hereiFABef-ere f e r eaeh e o f the . The director shall act as the chief executive officer of the department, shall devote his or her entire time and attention to the duties of his or her 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 or her as herein provided. The director shall attend all meetings of the board, shall furnish to the board and the city 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 or her 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 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 Page 45 of 123 01- 843 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. Hem-- or 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 or 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 city commission of the city a budget estimate of Page 46 of 123 01— 843 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 city commission with the exception, however, that such budget estimate will be submitted directly to the city commission of the city for its approval. (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 rhe 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 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 city 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. 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 the head of the department of pubic safety shall be the executive head of the division of police,— and fire. He or she 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 city commission. Page 47 of 123 01- 843 • . 0 (a) Division of police. The police force shall be composed of a chief and such officers, pa lmen 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 The chief of police shall devote his or her entire time to the discharge of his or her official duties and shall not be absent from the city except in the performance of his or her official duties, unless granted a written leave of absence by the city manager. His or her office shall be kept open at all hours, day or night, and either_ 4�ie the chief of police 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 rze hi -m receive a warrant of appointment signed by the city manager, in which the date of h4re the appointment shall be stated, and such shall be h4.$ that member's commission. No person, except as otherwise provided by general law or this eCharter, shall act as special police or special detective except upon written authority from the director of public Page 48 of 123 t1�� 843 • 0 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 polices officer of the City of Miami, may arrest without warrant, any person violating 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 officer, not committed in his or her presence, he or she 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. Page 49 of 123 01— 843 The chief of the fire department and his or her 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 or her assistants shall have issued to him or her a warrant of appointment signed by the city manager, in which the date of his or her appointment shall be stated, and such warrant shall be his or her 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 or she 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 or her 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 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 69 (a) Fn 36 (f)} of the eCharter, 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, Page 50 of 123 0J.- 843 0 0 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. 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 city 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. Sec. 27. Finance, department of finance. (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 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 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 Page 51 of 123 o 1- 843 • • city shall be consistent with the pronouncements of the Governmental Accounting Standards Board and accounting principles as generally accepted in the United States. adequate te reeer-d all east eeeipts and disburse ent-s, all. revenues aeeE;-ied—and the aequisitien, / and Eiispesitieli ef aes. Terre- ireeter- a€-f3Irane ffialte su h r-eper-ta of the €ina.c .al transaei�ieareand e€ the----i-t-y-a~► fflay- 1 - u_- eA-alpe -t-e shallbe-prepared-fer ea , t :;ad f -i_ _ a l Z - e�."7Q� C -SE'S— `1 `^ be man gem- 4e4 e s t ifna tes . Net later --than ene b of e r e t h e end- of eaeh f� sea -1 yea -; t.he T;•---ffiana(jei= sha-1-1- and—make av-a i t a�- l e—te- the piab l i e a budget ect:i^ ate --e €--te ewe nd i t ur-ee, - and revenues o f all e l try depa d3vis iene, and f f -lees fer the ensuing f i -sea l year, This estimate i., i l be—eei P44eel—f;r-em aeta; l ea i -n €e r -ma t -ie - -eb t a i t rek—€ rem- the several- deparrtffien6s e and-- e f f i ee s i f-ei�-ttblanke€ tom he4--b- he e i ty manager. The e I i-€reatren-ei the -ee t irfta tee shall be as ly : f .. rffi as Ness ib Vie---€ems--t-he fiat funetle'"azu-1 eliyisiens of- -sueS; department—p, and cif -f ieee and shall- -gimme—in par -al le! eal ......n„ the F-3�--a- detailed eet x to of- the eiepens e s efi eendueting eaeh-depa F tie n t- , divai..t ie n , ani€ € i ee , -(Z ) n a: t�urre��._ r e spendi n g items fer thelast •F3'}—e��d-x•t�rree €ems ee�ee�e�q i-tetrts--€e�-�� Burr -e nt £a can 1 ye r,ineiading adjustments—clue -te te=ansfer- between appreprriatiens, as weil as a ee tttg ie t e the ei,*F re e -t fis ea l ye ate; (4) the value e€ at the date e.1 the prepa a t-Jer e the eat -4 -mat -e-, (-5) ine eases er deer-eaee9 of reqtiests eempared with fi'seal--ea1s', islesthzaasenr fer— saeh page 52 of 123 01— 843 deco : a _" -(6) a _StatefRen-t from the -e'iaFeeter ef-finanee of she F the period -eeyel-e£}--by the —e t4:mate - -ailef r_]_n =- -'a -d --- -- ___ FBrein e ci ins4th--a schedule ef—maturitlee A x -3!G) sideh—ether inf-e3-maien-a-s may be by e , an -( }--24pp:rep:F:a84e:rdinaneee, €iaeat-meas. The ait-Y tieing the eir:;y- =epeeed -aeeevdanee--with state law. year--ef the eity -shah eeffiHienee eft the finst Flay of eeteher--ted- eRd en the thirt-iet-h day -e€ Geptefrdbe ef ea-eh—..ea= L—. eef friaa a gen rreeewftendatien in wi-iting of the --e -tom may -make —appregr i a-tiens rem-- the --epi v expenses , passed, in c +--tC� departme-ntei iaOities---shall be interred effipleyee-e f tate e � ty , ecce epV= i r} ae ee�dane e with the a - dinaftee . Page 53 of 123 01- 843 an e fet: whie.. -he er- Watherloe -a transf er be�=-we 4: t effis apprreprriated te the same efflee, Elepartfnent, er- -lislien. ------------ _0 C-4ti3,, net 44abzle en eepea-aete wn4ess made, ani�r-aeir;e e;pc-eefid4i9g ever- eige yea:r-. Ne liab444t-y shall be enfe:Feeable aqa�nst the eity upen an! eentraet net supperted by the preva:etis appvepE!at*qR' ner shall the eity be liable ter . any serrviee, material, er supplies furnished te the eity er deparrtment, efflee, eiF divislen thei6eef; the fin lal rreq:��ice-iiients e -f- _11-A.-1-- are te be feet eut ef the p-e-ee ef taims eF-ef any ether funds eentizel_l_�� the el-ty e9mmatesien, unless the e4!ty sefnfnj:ss4:9n shall have fftade an appEepriatlen thevefer-. In the e-w-ent thae ee"#:e&er=q aRFe made t= -q elet-emd qveie a pevieel lengeL- than ene year and -which are te be met fre the eity, it shall be lawful- fer ehe eity eeffim±ssiefi to fealice te af*wwerr any sueh eentr-a.ets fe.:e nl �Y­IeHje-­Year3q, anel the eentraet 9hall be legal an Page 54 of 123 01- 843 and ; ne apprepy- . ars -- -- - -- - - c. --- -- _ eaeh pee -fle items, of agpr-epri: tienfaaele-by-the - ity ........ asi-e__ a•n el--t_verr arz. =ant -n - t -he --tre treasury _�_a�l l e t -e sc '� = r e---:-�'6 r_^z_-l_rly- a g a i ri s' t wh i e c— o f seeh irzemru--i h4- wart -is drawn. Baeh aeeeent shall show - In deta� the- -a•ppeepiatiems-- made --cherete—by--- the —8 i-ey e as38r�; tire--aftleunt Eli -awn -t-hereen-,—the a ebligabiens ehar-ged against it, and the tineneumber-eel balawe,-fie the-eredi-t thereef. ;aj,�eti t of bil4 a and -eia-i•ms , ate -- i war -vane ran e ne , issuee ane stgnee we- d=.:reeter eig igiinane8---and 2}iif aeeeuntant of the department -a€ -crane_; prey~A^'' _. n��.. ve_ , -t kap=.t-r,-t he eaaent-e€ the illness --a•.� absenee--ef the teeter- of finanee-er- the hef aeeettntan.t of tire depa*tff+ent ate-€�6nanee, the --qty manager- may Eles��Fka-t-e ether- s of the --e ty t e sign - eueh '-eeL _ r--Jaz-rami .-he d-i-reeter-ef €iranee Shall emafRine-- all -payrells, s, and ether elaims a , anel shall issue a etreelk -ems finding: that -e ia-ifl is in -piegem f er-ffi , eerreet-Iry that —tea--payfflezt— has been etheaFwaee—.-egg aut her l e e d ; and that thei=e 113 meney in ~-1 ereasury to--Frialee---patent . The di-reeteF e€ f _man Te ... , require any elalffiairt-te-ffia#e-eath- as to the validity Page 55 of 123 01- 843 i- suff ke-4ent—mof4ey 3n- :gund---if, the d, te- terissues a---waiFLcanc--ea-i—I-Ahe has been fflaele, -er far- the eii a e= w ieh there is net --cam .fi-e3el-= yflene1�.- in the p per- r tragi er-wiiieh fer any etheF eause ehei ld net---be appr-eved, the ter— and e wer siiretieis -s za-1-1- be—n-ividually Tiaeie—te- the eity €ems—moie affieunt ei suer-warrant- if pale pa-ev4!ded, heweve-r tha-•-1-1 —a Eleparrtment--ef budget hag been .seated; the ` ireee-- of ei`=i - r -{H1—Audit and --rnvestigatiars-efaee�eunta of eMi e: ---;:hen e€f- e:-- iv= eant. Upenthe death, }esignatien,ev,& term ef ny-ef€re_r e€- they ether- n the d i reetei= e-f- ff i n ame e , the —dlr`c- -err —e€ fiRa-e shall e a eeaunt s of s iiehr- e f f i eer to be made and shall reper-t- ee the city ffianager. . (n) Aff:14eab44i", e€—state labs The gestei-al law of Fleri t' 4-n--eke assessment, 4:e%-y, and eelieet ien—e= tam-_e— tlie G�r=y ef Miami and in the return and sale ef reperty delinquent theaF-eferl and shall alse apply an Ct--he , dii6ieS, and- liabilities ef �he--peir3prer--ty tetiehing and eeriezning sueh tames, emeept that this pr-svisien shall Fiet iFepeal any i-et•i--ng previsi-errs ef his ner any t- he r- speeial lege-1 a is i ve —aez appileable te the City of Miami en the subjeet -ef ,aea Page 56 of 123 01— 843 0 =-= day ef the year in whieh the aseessmentz is _ furn-ishin ~ -as the eity _ _ _ '= e"^ °^^^ue= ^^^ all preperty within the eity shall be assessed and -all eit tageee shall assessed and e-Illeeted- - under- stieh rules and rrequlatieas as may be established all ^~^^~-^ ^e~r^~t~' ^~^~- pe~^�--j~^^ ~e^ the --------- a&f p:Fepeirty and the levy, assessment and eelleetien of the eity taxes as f-killy as might be dene by a law ef the State ef F! da. Befere any penaley shall att l9et:iee shall be qi:ven by p, -1-Jeation at least four -iffl ef the -_-- -_ --- - - ~ papers ^. - be at l~°°^ ^^^^^^y _-'- ------ --- -_-- __y fetF '---_~ sueh ru rn. Ne bintil __-_-__----- -____'---. ---_- ----_-_- in ----- — Page 57 of 133 V��.. ����� �� m�� 4-r-4— 1.4 en e eeats - _L__ lngF, e2: deme!4Shi:RqF EJ19!64 t— 19 -L+ en the f a i 4r.- -he ewnei-, owners, er- lin eke ---w± t�1+ ---the— e i t- y t= e eemply wi:t=ii th ef by the te r-eelair-e the elesi:ng, r-emav-a ah defnel�itien ef aiTY darigereas ezi�f-ety, er gener-all f-a4c.F- &)f # he people ef the ei.:ey-, after i=easefiabje fietiee--fer stieh MP '14anee has bee 9±ven, -queh effleer, be er bedy FRay ear e­siis_ bu 4 ldiH9 el-- a be elased, remeved, icepaii=ed, e r- elemslisl;ked eV -may eentraet the-reger, adverr:lsefflent fer and veee�pt e�Al-S. The ametin4, efe et_la-nd- title ar-eh fees ei= eha-.:r�, tai per -1, vitnesseel fee anel (2) the. eesla ef sueh ea-E��,�eval, repair—­&r- deffielitien, lieems5=99 and RF e g u 1 -a t-ai-i-i- eerpeiFatiqfis, and entlt�ies eeetipatleris, pe-effessiens, anel t-rades,eon tihe e j: try the btiial trades, and prefessiens earried en. -in the e ----y i:nte iqueh elas-see as wiay be just afid piFeper- alid f4ac the lieense fee payable r gard_e the al F Page 58 of 123 01- 843 0 0 neeessa±-y- _ 3ment e€ fie--- y , and- :n add�6!eft tom_heret-e-- shall -ha-ye the right to levy sue k--ai-tren ad valerem tames as fflay be a -the-- mat-�� � , k. - - �T�=�,e� en4- e-euBgtandingb9ade e€ tie est=y and sueh -(2)-- to pay -€erthe ligh6ii3g and_hydv.,ni l e f is e 4; t Y% rJr f_inn cif s_eh rublie tttilie cs F-MMEMNOW-52=31 --- +u4- 9;a:t deedsasev-idenee. Pee ty ef--�41a�� gt+r-a,uant--to tam -sale, e, - sale tradereieerree gi-a-ated-f-a tiie eel leet�ee- �J'f leeaZ-158'.9^essmenic-9,shall be admiBeible in evidenee en the same tei-me as deeds made pursuant to -sales fer tames due the stagy ;ant-; but it shall be eefapetent f-eE peEsens denying $6 -he validity ef-e-u-eh-t-aix- deeds, er a&ecee+err�e� put in e�idenee-fie-- 9feeee6:�9s pveliff4iiary to t ;e e3ceeet eee €--ate-age se ef this-�-------- i is te give s tek-deede--and all vee-ltals--therein -tomosame prima fae re -€e rr e e and v a l � & 4: t y a ee er--deet -te t a. -deeds made by ef-fieer-9-r -- the -state see. 27 e. Levy of See. 27 =apt aseeseer. Se Board of equal- OR; - general aseesement roll. Page 59 of 123 01- 843 See. 27 F. Sign -4 ng and endersing general assessment Fell? .. and _...--- _Bait. See. 27 G. assessment eel! annexed y -e-wa-rLraElt i -O 1 Secs -2 7 H. Sfaatme-4aw ae to taxes .-appari-e$-r See. 27-j. Discounts iii -taxes paid beEove time. on delinquent-tasEasa T.._ eartifteatool interest rate • Glh.ief procurement o Efieer . (a) The eity managerm shall appej:et a ehie€ pFeeuEeme s e -a !-!- pie h a-ee s f—ase- c i t y In - ided by erd-i-anee and -; he sha ; er-dinanee, supervise sales ef all real and persenal pegertp-af eity nat neededfer pk*b3:e use eiht may have beeeme—ansutable €e i' tree. The ehief preeuaFefflent 8 a- have e ef ef at-evrreem.-A and wareheuses eff the e- ty ,as the city c &A by ea-, el Befevemay Iflanee any €ellewed. Supplies shall net be -furnished te—an-j depaitte+i-r--er;l e s sthea=e—be—t e the erre d i t e t sues _'r est balaftee-- c (b) Ne-eenteaet fatesupplies --e fei- the ehar- er, shaii b fflade_€or - a pei-led ef than Page 60 of 123 ot- 843 0 0 effipleyRient ---beematt-9e --o4-- age-, reee, eelerr T ±en' --ablena3 handieap, er- marital: at tnii-e-,-- and that tliey - L -Efflative a -tAen--t-e ensurre hey app-li-ea-n a are erfpleyed-and tiiat erApleyees are wirt4+Epa�t-rc�garrd te their age- E eaFeed, e-ol-er, --b --rc-apensible fo-r- (d) . The pree:ar ffient oieer- shaI4, e develepinq--aueh ffliner-ity pre ttr-eftient as faay be pf.eseribed by erd4:nanee and Sec. 29-A. Contracts for Per-sona3- Property, pub-1-ke Warks or- Unified development projects, and real property; safeguards. (a) Perreenal p eiqe�,. -ATiy—persenal pr-ep inelud 11 9 but; net -1-InAted '--e sia and printed -Mat-t-elr-, may b@ -ebb. by er threugh e it I 'ded by anee. -abe�e and -Ma erials, --a --P-r-ev* d. rael.-e fe-r-fnere than U-F-t-heUSand fiVe hUfidr- E1811aFS RII be awa-rd -by the t -Y eem t o----t-he--Iewe-st-rE-spen ible der-, af ter iia -P-4 -a-P-4 using -sem h eefflpet!f:A-vce Seadred biddirr�� nietheds as a -y --b Pr-eseribed y - inano e-, p -r- that if the—aiii nit of a b -J er- by a vender- whese- -p-r-i-ma-r-y effiee -IS 4 -&ea t -ed- in Lhe Girt-y-ef Miaffii: is net-ffiav than per-eent in--cxeess ef the lewes'a ether- vespensi bidder ei= pi-epeser-,--sueh le4---vend �axded the eent-r- I but m ager er de e igee sha--- have the --pewee te rejeet all bids -c=nd- pEe Net-w•3.rtrhstandinq the aive eeffpet-i-t-i sealed dd' by iiiajeinE a wFitten flneli ng whieh ha -14 eant-a-i the eene-I-us-ien 'ahat eemp -I-ive sealed bi- A';ntf is ne't- praetieabie--e v net adv antageeus to --the eit-y, %41-4-�- findirig fflust he—xLatified b" of -t-we-thirels ef—the ei6y TVIM, f ter adver--t-ed publie hearing, When eeffl et-irt-�e--s,--a-I-ed b-J7dd4:-n,g- met EIE3 at=e wa±' -1, ether preeur- ent ffietheds prese er-64:iianee shall: --ffallewed.- A!! A:nvitatrlens f r --la E3, reques't-a Sale, eF '1 4 e 4 atke n -a shall eentain a re -E -fe:eeqeiqiit te-r-e-jeet all e -fe -pr e r I-- y 41 i -e)Eees-s—ef f -r--t-h�and I- k4mve --A A 41 aj�q ($4,599.9B) shall be---,+i-gfleEI by the Page 61 of 3.23 c4-ty-inanager er hi -s -designee af-terr-appEeval thereef by tche &isay eefnmis lem. Tliis a etien shall net --a te -r-ansfers to -the l9ni.ted States e any _epar-trme-mt er- 4. 1, , -1 A ageney t -h iceef,te e r 4- e ef Fleic -_ a I err te any Pc -)1I tmeal siabdivis-i-O-n r ageney there� I P V li e we rLk- e- -i-Tnpre;veffient ffiay be ei-ther by eefitrae-� t -he eity laber be determined -by the ei-t-y e8FAffi±SS*eB. Mere shal-l-be- et sar-ate aepFlui-i- as te cacti WeLNE e3 imp eveFRent. Befe -e auth e-xeetttien by thc­ . I �aber f e ef any Wer-irc er 9 -r -phage :--.hereef, -tAie eity manager- isha-1-1- -aubfflit te tihe eit eammissien a d erit} en- e,1-7 the antielpated -seop we and -elated eest ­9-tA-ma-t-es. All eel}t:-,aeEs fer- ffiere ta erg -,. euaa-de llara 4-,$- 0, 0.00. 99) whieh 3. inelude eentr-aets under- ets valu whieh impvevffie�ne-d 1 I.. exeess -- $0,GGG are t5e be eenstiFiieted fer- the eity-, shall he --awai.--ded te the lewest r-enspons .. le bidddeiF -a t-e�-Iie netiee anel usiiig--t3vueh c-effipetiti;ve---se-a-l-ed-biddi:ng thet-hod.& as ffiay bk---pi?eser-ibed by ai=dimanee j pr-ev4:dei-1, --- f .­­��, -at if -the amean e a ei- prepoeal subffii tted - -by--a. eentrz GitEns whese lee is lte)lle�uhaa7t- in the nit,. et M at Js stet -mere than ten +4rG4- in ex-eess 0 the lewest et -her- r-esen-s ale bidder er- pr-epeseiF. sueh lee rd d the .ie ei6ymanage--er- deeignee a -ha -1 -1 -h -ave -t -he pevieE: te --ejeet -a-1-1bide- n --crepe ea3 e 1_ T -4-w,, �_ iltat-a-ndii-nq lie ig;the eity ftian ger Hiay wai:ve eempetitimv-e sealedb4id4-iiig-methe by nia-k-i-ng a write --n that at valid -emerge ey&3-k-st-s- 9 r- that t..erce ±9 -enly ene-f-14 r-easenable BeL ee-e-f- supply, whieh f-A:nEi4:n must be -r -amt -fled by an affi-r-m ive vete of --t-wo-t-hir-Els ef s6he eity eemfflissien after- aYep l araver-t;4 ed J pubs ie ..eai=ing, -­.eneempetiti.1.1-- sealed biddiRg, methads are wa4v-e-d-,-et-h ei-it----vielaheds -a-s-may be pr-eser4-be4-by erdinanee sha be felleived. All invitatie�ns r- bids, vequests-f-e---p-repessals, shall eentain a ?,veseL-va-t-i-en -e€mac freil.zegoi aF i g h t t e red e e t a31 e fze V 9 . Gen n t -ra"e t -e- -f- o laubl4e we er e.4- anager er- his designee after- appreval. theiFeef by he eity eemmisaien. When it beeeffies ne i-n-t4te epifiien of t! e ei-t-y vtianager- te-ma-k-e-aft eratiens e -old-if ieatieiq -i-n-a-e(Da�r-ctet- Page 62 of 123 0 0 €et—an-y�bl�c---work— mod -i -f i-ea-t4ox­-+—e11-1T be -,Rad ei-ty-- eemm-=�ten retie to Iatr�-� hire -eel y m. a -nag,& - ---No- s ell- cZ 'sem ^cera t3 oft -9 �3a —be- ac=a�-r � .. I e s s 11h e r I - , er- bet�h, tinder the --CG—BTffiedified eentraet. e-2-YGS-1'�have -been —LLe`'}3-2.'n t e rA-z a-t-on---7~i}�-t (ea) 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 city 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 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. 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 skate 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; Page 63 of 123 • • (2) the specific evaluation criteria to be used by the below -mentioned certified public accounting firm; (3) the specific evaluaLion 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 defin.;.tions of the terms "substantial increase" and "material alteration" that will apply to the project- pursuant to subsection (e)(4) hereof; and (G) a reservation of the right to reject all proposals and of: the right of termination referred to in subsection (e)(4), below. After_ public notice there shall be a public hearing at which the commission sha:l.l. consider: (1) the contents of the request for proposals for the subject unified development project; (2) the selccti.on of a certified public accounting firm, which shall. include at least one member with orevi.ous experience in the type of developmeriL in question; and (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 arid 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-ix,entioned public hearing. At the conclusion of the puba.ic hearing the city 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 rrersons recommended by the city manager. Page 64 of 1.23 • • 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 minoriy 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 city commission, or alternatively, the city managur may :recornmcnd that all proposals be rejected. If there are three or more proposals and rhe 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 or her recommendation or recommendations to 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 city commission. Page 65 of 123 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 aforement•.ioned 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. After 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 wi Lh 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. (db) Sales and leases of real property; prohibition. Except as otherwise provided in this charter 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 uhe 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 Page 66 of 123 department of off-street parking, or 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- st,reet 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 taro -thirds of the city 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. (ec) Safeguards. (1) All persons contracting with the city under this section shall. be required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any noncompliance by said persons with the above laws. (2) All persons contracting with the city under this section shall be obligated to pay whichever is the greater of the following: (i) all applicable Page 67 of 123 '• � � _ .. :� of ad valorem taxes that are lawfully assessed. against the property involved or (ii) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit-making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) Any proposal by a potential bidder or contractor that contemplates more than the estimated extent of the city's proposed commitment of funds, property, or services shall be ineligible for acceptance by the city commission. (4) Any substantial increase in the city's commitment of funds, property, or services, or any material alteration of any contract awarded under subsection. (c) of this section shall entitle the city commission to terminate the contract after a public hearing. Prior to such public hcariiig, the city commission shall seek and obtain a report from the city manager and from the. review committee that evaluated t•he proposals for the project., concerning the advisability of exercising that right. Sec. 29-B. City -owned property Sale or lease --Generally. Notwithstanding any Provision to the contrary contained in this Charter or the City Code, except for the conveyance; or disposition of city -owned property implementing city -assisted housing programs or projects which are intended to benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Housing Act of 1972, as those statutes may be amended or revised from time to time, implementing city -assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Redevelopment Act of 1969, and implementing projects of any governmental agency or instrumentality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a Page 68 of 123 0 0 return. to the city or 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 -owned 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 18 - point and, (b), 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. As a further exception to the above requirements and any other requirement for competitive bidding procedures to be used in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all. such disposition requirements where the intended use of such property or interest therein is in furtherance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or individuals. In determining low and/or moderate income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. Sec. 29-C. Same --Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance, lease, management agreement, revocable use permit, or license agreement may be entered into for the management, occupancy or use of the area known as Watson Island 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 Page 69 of 123 01- 843 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 to be held at the next regularly scheduled general election. 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. 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, 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; (B) The use is authorized under the then existing master plan of the city; Page 70 of 123 01- 843 43 0 9 (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 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. See. 3G. Local imp-revemefitwe--r (c^at-tes{-s:n�'-rc^Tam 2itr97�i}3 .ate-elaesee— !-n thisBeet 3*:e the fe1jewing weaFds and phrases shall have the P4-a-.�Iy intended: Wiz- -� rRed- pa ea g:Fap-h e and h e a , 1 s iens e f pai-=a9a�a-oh-s are - s eflaetAfes- ievein te3 rye d- stoma 9F:raPha nt defined e e e t -i en and Faade Yreree f . die- deemed «. r-efems---e� cite--elty e•R HI98*eR of the-Git--• f Mi ami- . -1� Pr h4ghWqt�e-ul e avenue, lane, . A __de.. ,,,,_ i-e-,a--pathfee----pedest=rians = l=ng highway._ the -passage -P, s6avrrm watei-, _neluding Sta :--n uiu eutlet whe.Fe deemed neeessaim- it may , .. inal.,ae the butler' A Sani tar,, eewe:r--ifs &n-eizgia► ind eefi-ult €ei---IIAI-I2 ei*t 7 et- w} -here neeess r- , , �'-ne werd BefYc-i--•-1-Fler'ciaes-bA-crasanitary -and - Page 71 of 1.23 01- 8y3 A -e u;eb e ewe:-, -i-s at mad -fry -a-- er gear the-file--ef a -highway. A later -a! �s a --pompe- enneet=q a seer -main wiitih the 3 e€—ad --e= e Y er— the —eurbline, as-the—e?-t� eem i se* -f -may r -e s erag--moi t h e•3 a sewer latera—ems--a if but Ulees flet inelude a building that —is, a -pipe eiEtend ng f -a-la 1. at— the --pLceae =ty line e- ar plcimbing figEt u e S an --he pr-epria- a b servedT e -1 -L4±-- Pl�eva:s ens of this see ien are divided —pis se�Fee--el as fe , . v=ia drainage, sewer- i=ri-ets, masneies,--and eater. bae�re; and,if the eity-estissien $e—arEiere, eerbe--and " tv �t �efeets be eraseee-w4:th-- unels avaj:iabz-e--€er- er freshwater --s t ra t-a—ane —se eased in Eyauighetrt frea4waterr ---seretie-H—ef the—e---y eeiRFR+ssa:en, any 9,ueh well--vr ire l l e may genstie—t he—whe l e—ei- a -gait e € a-- a t -e r -m sewer imrey.ement tineleaelass 4 bele W.—The 'rGCr'e .l'Lic-iei9' erder•i rag- sta h lnip eyemen-ti---E]hail l inelude the leAe[3 Glas eeeetraetien--e€ sidewalks and, if the se eFder-9, eui-bs and gutter -9. eenst3tiesien ef sanitary sewere, the r-elaying where c3r--damaged, , if the eity eaFFtFRi s s i -- se Eoi-der$ , the laying -&t sewer --tea t eras s, re=gement e r as part e€- the -Ra-irz Else 4. s6elqm Beweap impreveme tts inelude tete eerestruet e--ef s-t-er-r sewers, the—relay-i-ng --t heEe Page 72 of 123 01- 843 a • n---- -t u of streets sidewalksand -- e sai-+-' ter -n tip gr-- am -a g d c fid , if h e-ersy-e8FT2FCF ss . en s e-Qr--de,-. 8, the laying nmss- e� ti_::e-rr�reiral � ,-a-a a separate imer-eveffienL- etc r . -S to iZcc—s a we fir... .dreier. aq Re- rye3-trde tie Ctrsfid- ez a ezts e=oma.r streaffis - enelesing-streams where ads e b e -fie ea i=vy e €€s terms -wad ems- E�aes 5. Wat-et74=en evements sire -l -de- the eanstruetien e€-- b:ulkheads�awalls, and —etkze-r- 7 et -a tfil-t3g--wa3 Is -a l eng a I-ay-,-i-s=over-, e ana l ,-eak-e , with eeeessazy fills an d9iig, and Hia .,bale the ae quisi t i e n by pea=eha-s e, eeig-Elemn a t i e n, e r- e se ; 9land, right -9, and nt ..t er-efer. t ensien ofisghways ai' -�, the ei-t-y e e -e r -elm--; . i -lase 7r .Water watarm rflaims, t and sidewalks er- Inei d en t a 3 empeflee in e3idde s the-€ollewizg -s t ems , 4+reludng reasenable stiffis pa€d er-eve-elited to the e-r- any dela � ent t#ei=eef --€er serviee- reirdeL-ed by any 'e -t- ter;t eeffi:ee:r9iF empleyee therre ^i t -enneetien -i:�:tspeet-ien td superin tofideeee of yrs i: preparation plans ; p.- •_ i;ng and pictblshing e€ r etsees slid reeed}egs;--� eta azsera--ems s,-Arte-rFet during eenstr-ttetien -legal. sery-iaea-and abstrfteta;-and any - ether- e3*i-sa meeessam--er pr-epei= in endtieting--t-he--preeeeding l and werk herrea:ii pr-eyide-'Q --zey- / �5�--Ai -,#ey-e-epi -�'e eta -tee- at�e�ee1-tee zna �eaa mpFevemefrt-e- and --te- pap-fie--ees -thereof as a-Eeept that the eity e -i shall -ramie-ne-jpseer--t F-4 ae - he-utak€ing a€ -any stscmem. - --a a leeal per'evisiens e€-- , reviled, -,-,.., r, that Page 73 of 123 01- 843 0 • - �t--ei- sewers-- shall nee bei peace-er affeeted b s pre,vislOn'---and further, that a! I sueh praeeed�:ng-s-ffvay levied ed icindey --he -prev-J e i erre e€ -t . (3) A leeal a4mprev metit hereunder shall begin _ � - t-l'a-ie r- speep a l meet --o e 9anle t9 ---be fade -uncle s --- see6ieis, ra; e-. g the lases / and e-rthergiyii g a. d se iptien ef-- the --ImgaFevement--by its ffiat-eli al R -a til re , e -a-ere r -afid---Size, ea- gi��i-�tg ©r mere —ueh dese�.Aptiefis-with --the et' ri-e 4z -he la-tzL-ial, nateure, ehayaat�e- -, and-e-i-ee be--subseelu tom Bete -mined in eenferffiity -- e n e ef sueh deseElptiens. P,- -.-]� ieeel�t � e�may em� -' -e on.'-�y--ene--&veFp,4_-l::it--e* Ane J:fap-e:veftet of eaeh ef1=-we eaF fftere- asses- a€ Ali i:ffiprrevement 33@E'A-- net ---be s iall i9epvaepieaty i:tn!€er-f in ees6 -awn-leind throughei the iff►prevemeet, and a--earitar.y sewer- _._pr-9VeffieRteVj:-€ems b sewer- a_ par -t ef the iffiprevefnewafiel a -sewer- -at ev near- liercein eentained --B ei%-_ r -e en- the __. l Gy6tfiiiii-fl$--en emeludi ng frem any highway J ef .e n t-� i --en impre'ved eafiyv -titin VIhAeh the—eity ma--, ti 3d_ r the-zraneh-ise---e eentraet with seek Rca�lrread, require it to -::;i.= = - _ . T --c:zc reseli3tz iellerde3-9 a- watesfr-e3i sewer- i iprreyement , -i t -,dull EleGFf9will be s p "- - - _, eil-%ftie za fi-cet�te-rre b l, ,_ nd, i fa-yiatz o f _,rill improvement t Wig- erdeietr veselutiei3-shall indeate-the prepert_rte-ef the Best thex'eef wh i eh -shall be b ewe by e h e�-y--a t- =eo-fwhiek shall �e spee4fally ae5esced o e+ e ez e- eek to �b The- prepeL-ty g,;nsr Page 74 of 123 Of- 843 9 whieh -r-e--tte be fnade--fer- the eee4--e-f ai*eh-- by a letto-er eta iqurnber--e*-�e to --diet 4:t fr-em ether distriete, after wh�eN it shall be suffie4:ent to r-efer-------e quell mpicevemenla- and pr -ty ---4- ,-eper btt aiiah -R all preeeed4-Figs, aeeea-affients, andow hend se tien. --Deei atien ef henef4tecj p:r-epe;�.t-y- - t t- gn ef- eest--4f- the irlitd:al rzeselut4en shall erder a st-rceet Elervel a + n sewel? imPrreveffient, it shall the Lp,-e�eiy whieh the mss deems- will be bene-fited ther-eby her-ein speelial -benef4t=s") te and sha 11 4 n eate the eest the�eefshall: be r=l4e eit- - y at epee i a-1-- i9ene f- -i - 13 . The elty i9iiall bear- ene third a -f, the -ep;# IlL.-i:er-Fn sewere iftel-tiding any pump.-iftg. stati.en ..and eutlet bk*t- eme-ludaing ste-- later-a4-9- 11 be-al- ef the ee9l� ef qtrreers develapments andicyet more than is -pereetit e f the sI- -E Nva t e r- f r ef 14--- impi=- v eine.. - anel M.1-=vVe thai+ 19 per-eent ef the ---- we -t -e r- fflain -1 t;qe refflainder--eha4-1----3e SPe-e I a I = y assessed within the aiFea ef shal! alse, as the E14: er-etien eeffifflisslen, 9 rz a rz e the —epin+en ef t;he ei6a- q=-he relat, -ef spee4-a4- benef�ts as between . ... .. the several- lei-iq an pa -r -e elaases er- different leeaeiens ef ptceper-ty within such ai=ea, sueh stateffient of epjjj}efj shall: net prevent ;6he eit, diff-e-r-ent- - --------- fl-em "ang4:ng any asgessments iftdiea4a-ed by a ffi—anne-r (d) ey fflafiaffer Iled with eit:y aft=-er- the zl- Page 75 of 123 01- 843 said-=eselt}tieri, the ekl—maeagei= shall. --prepare a d file with the eity elerk plans and peeifieatiexe- f an--- -t-hc--eest t-kereef, ine1t*Ell D estimatie of ehe eest e€ eaeh I -E d ef imlarevefnent—i€—the—r-es a-lte rnat-z--Feo f .. v i al-;--- =nature, ehaFaeteE, and --9iee. -fiek-estimtze shall spew --t+` a-Fneunt—e€ eest and inei-dent-al mess against ,a; a—; exeept in the ease—ems stagy sewerr itttgre ments, the estimated ameunt to---� assessed—ahainst ea I.-. a ealc4:ffiate made by the eity manager- ef: the —ee�--af- street —neve: e L ei --a steEr-sewei e -3= wa sera -1 n�ea�-t}=e esti +a`- e.int of eest and ineidentai e3Epense te- he --assessed- against - all all- - per-ty inthearea a€—epees ,.F:. shall -- net aw any estilfRated assessment aqa4:nse any - ne al-e;� er-- aga-i-ztt---ai+y -frontage--er- pert=iert (e-) Gest -- --..r_ _ - ement- . he eest expreyeR'tents shall i ne 1 iide z 4 T a -ab e-ai3d-- material; V iiL and is t-RF� deve4:epment i re�Fet�ar�t-r -;the --0-6388t--Ie•- any prepeL-ty end, eE et -her -wise aeqei�ed,- i re3-B--1g-ee;ur-t epees ine ideet-te eeeh aeqt�i 9itiee ; be -pa -j ee:std", -atte2Fneyal f ees, and ea.lam.- VV e t�� *neidenl--al te--uhe (4 )--the ' ee-s-16 _e')�e-�ti3.�walls, s , si.dewalle's , ear. �n'ees itti It Jr as'te'r ei 'd n l i e"ti ef 'eash pa'yfflent freE quGTI pvepe•r-ty Elamage e r- -t-h. eest e eLing any sti-tieturrel and Page 76 of 123 �J 1 843 �~j:^y _----_ --__-_= ~^~~. a. ~ ..-e^^^�' _'--__---- -- said ----__--_-' __-'^ ~.~^^ee ~^~~^^ at- in _---- and general_ -__-- _ ___~^ipt^~.^ ~^ the . and shai! --_-- _'-- p_--'-. _p-_-__-_-_-'-_' --_--e -- the ^^^z ~^er^^^ _ an ebjeetiene -- -_-------_ =--__^'- and Lce^~e~^~~_=~i==F`" r-eeelUtien W44 -L, ' - _ and _'-_- __ net _--,`�~ ^^. _^^y - -' ~__ -'_--'- __ _`p-.'~~_^^~~' the ---_---- _- .~ ~~~i^~^It -'---=-- -~ the prOpeltx ewlie-r-st 9:L- has ally -def—et 61 siubi:nitted, shall be - - by the, ---' -__-- -- _ ` e~^~' benefited by --he 84F Page 77 of 123 ��� ~~ �Q�"� =� m�� a R - tee-t-e--ai;ly m ewe--:r�e e s t4 m e_ e -. h iies---3-t- refers en the gr --e s that it nt - items-whien ear}flet be-pi-epet ly eharged-- to the pFepeicty--ewers er that :it has any defeet n- endeFs it ye i d ei Vidable in wivele 2r in part, er tit eme^eeas—thle pewer- of the eity eemrais 4-en--eha"'I -made-in.it_n elerk at eL-berate- the -t-irr+ heaL4erg. Any sbjeetiens agaa.-ri-sthe making e� gin ifaprevemen -not-se--made- shams be eanelele=-ea zh. ... f: iatiest--e€--she-reselutiershall bc� tie �ea� add e� eatte�t-et a 7 l ebb jet a rens pipese ` ed u: ' es pr-&�r :steps aice-taleenbythe ebj ee t e t in a e9ur-t= relief. ts Seen as -any -- suen -t he-- c t ee , sealed L a .a 9 -to --b e_ e___. e d by -ste-e t y -E.' 6113_ S l e fi eft a ithe E4 rat emeeeds $9,000, in eaeh-e€— said ewe--newspaper-s, €er the eanstiFuetlen of the Werk, i4tiless ie--eueh Lien s e t -eeififflission dee' a eco i6ts i zentien extent and --grate of 16 -he improvement e aFid may identify the e by the shei=k riesign ti n indleated in the inA:t4:a-I and by referenee acrd -- peelf leatiens en flie. if the Feselu a:en-- gave ----twe e�F mere alternative deee 1pt ens of the tmprreveffient as te- its fnate-r4-a7 e-, nature, eharaete;.:, ate- nd if ­the eity Ekd net later- determine a definite d=......_irptiep, the .... take beads, war -rants, ar- ent, payer -shall be fnad e- greater- thaw 9- 3.5 pereent- a€ sueh es6itftatee, and the -balamee-- due -a4 e-paid krZ-Cha#3h-- within --6-A- days --after - ae e epcanc ceI.-he Page 78 of 123 o i— 8 4 3 i 0 —s.- leseee= the wer-k-as a—whele—er fein any part 1=-hei-eef separrately, and bids may be askeel same -ems'--differ-en'. teestd , but any bid eovering -^ wee ent shalrbe in-9�te-l3 nellt-:—i�3e—n tiee -shall regt3i -- }+if�t--;re for i-izc r tom --fie d F bids ei;=-rer a—eer atm-ew= e €e_ - 4 pe:Feent of the a... rt e€ theer--a-- bid -'----nd . ;ire-bA.ei k)ena suz� sa t i s -fa e try t -e t h e e l It ., eentraet t e ea-rry -ee m- tete-we r -k in a -e e e=dame with s u pians and spe e i f i e a t i ens -aid--ee i nsi L- e-- f i l .. ; --a t tIe-m.-aking of sueh eentrraet, e€ a- pend i -.--the amt of theevnl.-r- pr-aee ..its-iret4:es ErisFaeterry rse the eity manager een-14 en the-per€ermasee ef-t� wei-k in aeeei-4aeee— xtt ta-taiaet The—elty e de -.ate -i-" l ab e r f eree-s- wi.-t heu t _ ., t-, - - -- - -- - - - - speea:a:i4:y 4qeneiE3:teei tlieiceby, and in the ease the otherr shall —i e-lttde -lets -acid -lands -wh i eh abtt eewer, ex-eept-a-eur-b sewer--,-4s-te--be ia4A--und the €9te--and-lands hieh abut taper.- that --eieke ar sides e any highway in er aiesg whiear- side -er sidea-a sidewalk is--te--be-eaFst:Eueted ev asanita�—.y curb sewer 3-s te- be l a ' , and I�t3de ahall ifieltide-;vet- Page 79 of 123 01- 843 m name e£ the muner e€ each --let er par -eel, whe 9ueh be a s e e is t o i-i3e d ,, and i n all eases e ave st=-Elr a statement eft�3e number- €- eek e -----ems 4- Be abicitting, whi nye of feet shall bey-knewn as the €rentage--I3 the -ease--ef a --street develepment e€--a--eeei-fn s er- r ire t-er-- at x tai -n the said r- T ---'r-ar-p---aseesefent-r-ell shall dese� ibe the. pmeperty—rn thea- a e€—speeial benefits, but ne el net state tahe numbeE of feet= a f pi-QPei-ej abutting any sueh iffigi-eveen-t unleBB 9 statemen as neeess ary -A:Fi de ser -lb ingthe -area ef r- .- r eeial benefits. (2) Deeez4pt-iei e€ railroad t.r-ae#e. in the ease -e€ # ele er t e er-ailrread herein defined ali-eady 1aael -er few the -is-i g-a€-w#ieh any -vanehd:se has been -granted, %4thE6n the per-tien ei-the high ay aaF--highways te be improved, giving the .-e€ t-ra ks, the-d-ist-anee -bet-ween the ti=ae;-ess, a- the d i s tanee--between the -(;) he -(;) Tatal ea prnee-stal.eel-therein eL-- the uw6 t -tri sea eensider-at-i-efl m'iliev -spa t e el --t eha hem =, „; 7li:irr ealei eg -tea -feciaia n:-es_ary, and gea—and ineiderital expensee, at4:ena aettial e - e s t -i fa t -ed . it the --e-i t y is to de the a i -k i-t$el i, we r -k , and -the epi ated . ;f -t#e i neielent; a picel}fnai:Ftary l expenses, assessment rem --is paFepar-eel- and --filed eempletom.en efthe w44 h t#e-eity iter] , -whetherthe-weLk eler-3e .. tet.... be the done t#e i xej�feFRen1= a-et-aai east, nt t#er-ein r -a e t , the -te stated t a3 Beat hall be -o€ (4) Appey-tle:npiertt eP eeet. An a pertlianment--te --b be t�Ze eeet a€- -gin Page 80 of 123 01- 843 Te any rallvead a'J--herein fined, the-erraek e€-whi-ewe }en -e€ the qh y --ter me rer e ------hall - �e appe -tiered the-eest of suei �fflpze:vefnen between t6ha-tae is and betweenthera3 � s of eaeh teaek and. fer--tz-#e El!istanee a€-i6ifzehe-s. beyond ea^n etiev rail, Testtd e; iaebv-s and t;urrn etirzs,—aiid when air—assessiiient� 9= een€ 3 :Fmed 5Ic- any 6ueh 2alzzead, it will Bens titut a a- lien -Qp est -all the franehisee and pL-eper e y there e t o the same extent as etie= assessments he etn--- py-evisled fer • , I tharz where any erEd3�tr� €raiiehise--whieh-pFavidee €ems the---aineunt, by seeh i-ailrread, the €ereg ens as -t extent -t�.he--same may ti i�--Te--eit:�=!PE3 the - eity-ural- --6e- appe r't-iced t i}e--Beet--- a #}ga ire -az -ts 2Fai reams , and --t e the --ei t y s Wi l;. s e be apper-tiened three-€eicwths of the ee$ t e#-4he w� �Fitersaetzen ll shal 1 lbe Eleefned to •Ine l u de --net eni-that-p art e € t -h -}3g wa wh i e# i -e eemmen k il---c rr�_ __ -= e33� 6r�–zz—extended, of anstlien-i highway --^entering -irate s4---er ems--7Palt---e f the --ee et-- e fz a greet - by the 4:n3 t} a l reee-ltitlen, anel t o the jets ate tiiei% shal-I--be appertrened - the Page 81 of 123 51- 843 part of sueb eest . shall -be-ap$e t4ened the a -i --esst e f }o da - shall e€elor-th e f the Gest. I-?: -be a}perrt�emed-Lhe f-euiFt4i of the -Best-eftire-9�dewalk impreveffient, the lets --a -s rde;� - I k -a,t beughthe l atA erem-trend-3eyand 4 --he late to- t -ire -eta b -line of n i nt ers e e highwa�, T� L in to seet4 en s Te the eieyatbe appei=tlened the ee s t - f qan�tary Sewer- —a t _t et k- yy,e -t-� £3 t -a -t -Ie z e3: Outlet. Fen-, --tea e a3 -e --Te e a e a e_gaFe a 1. t o •ehe--preper-ty--err etwb—line —ef wh4eha s an-ar-sewer- --later-a! i s laid sliaI4--be -Ea-?--thaee g ia:FteEs of the eest of -- a sewer t-= �. za "-ems 6i�3 er =ne r----eenitorry ----sewer-emeept at ,nt et ens fan-age­rr--(dhi-iehever— be the lesser-) ---n e tz- ___e? ud=ng--hE-ear-tire eget of lateral& Page 62 of 123 01- 843 E A sueh--part of the Best —e€ waeerfrent the initial r-eseletien. 4-14 To_' ''"r." :C a _ 7�7 the C�—T{1Z 'i"JRZ-t GT.'7 within the dA:striet shall be parva- e f -. 4- .... r f .,,. .-, i - fr-entage The aftleunt ---E- ---tie ees t e€ and--pareels e€ land, shall in said roll be assessed--te the sever -a -i late ate, -pars within the dietriet i-i2=:hi=L' the--sity --manager -epe a to he in tie eget eh let eewee i ..:_ 3Cf'i.rt t: _ r -^-^a appe q. r that in the eaBe ef highway and f3ld alk t� ego a t� tke eerner lets Shall e ----e a-tc- of the --e€—the leng —side —e€ ,44 t n - exee , -e 58--€e is -tom--eI--t0 the eeste ef the iffiprevement abutting the s cert ewe of the let. Netwitakstanding--fie €erege +=he affleant- -ef the eest of a et ve et—dev sewer laterals in thestar assessmenra reIris appertiened— te--meets-an pareels ,W se:,qceEal lets and pareels wit=hin area of Page 83 of 123 01- 843 0 • spec a! l9ena€itaxia --- fie---e--ty manager sizieh let -er--per-eel will rreee-llv . CC�T'T{J��C�` Qom' e --s l ) b � ee t.. Com-^ aCTiL I 1[ + 11.51 -. t SZ he e3-ty eler-1e- shall —publish --afie - i-===--a-eli ef•—�;ve ..f fl, ea ei_=_,... , he--impr-eyemei- t and leeat3en Char-ee , uzig—€133"�T �r statin that ee t.ffli:s9:i:elq lie ld ei-mei - day --and mea -not I ea e t..an day fr-Em the die of the i ez-p zea ie� a€i int and file w -itte;g eb3eet�i ears a e- he eenfirmation-e f said 3911 4ii4- fea-r4ng--objeetears-and aeti4e,9a the:reen.--At=- the -;ire a, plaee stated -sueh , shad i --tieet=-and --r e e e iJOFe-ire-eb j eat l e n s m-w:Fi: t o f all intereeted per-sens. Then e -Y t :eZ-eaft;e -, .. j eefflffilasien shall ei6ther--annul er sustain, e3-rflod-i fy i whele— e z n ei a assessment- as 4. idieated en saiel3 e iii iL�r =ia�z rii,�-tag -thefae4:e assessment—p ftci - an-er- -a-i,1 lets e r a ree i s ,l a i= . i d t l., e r -e n , 93--by--E'criie e i i ;iiig , er reduei-ng the same, a eee3^dlng--t-e-thE-, spe e j a -bene€:i wh 4: e h --said- --e-i t y e e is s€ en deeide s-- eae h- said sett e3= pawael-has rreeelved r-eeeive en aee9unt ef sueh imprev ease under this lias b, e- e R t -*:ed € F -em --per id piei i m rry mel€ -ems€ the -l9a- €,a e i e -ass els s m,has must* -t-9 sa:-prreper-t y ire-- ei ty-eemmi s s i e ay t h e- L-eupen-,e e n f 1--ffilbut - fl�� in : f the seeeial __e-the--�; e3z�---��eeeseee�, and uo_U9. -„t..Be eenfirmed sAall be in ztlenn tee Spee ra-I beef=ts-- For -l- - meter--at�e�tat�- said --assessment --re i:1 shall be deliver -eel t9 the dlL-eeter e€ €-zea-nee, anel saes--z.mif irmatien seabe •fi-ea-1 and-ee-afit}a-o=e ep-t--as- here Ina . Page 84 of 123 Of- 843 • 0 —(-e3 , : -,against: Jots :in -eNe a go ei speei st--atm- 3at.--rev par -eel e€ land In eee a ef Se pereent-ef*-:.te Valae theree€-as-la-st- €by or en behalf e€ t -he eiey. Any de f i e} t -f Fehr -64e is prehibitien-eha4 b e e h arged -fie the eltry ars- a general ehar e. () Appeal L=e ee Wirt-��t�e-a�� e f any er eareel ef land se assessed shall within 29 da-��s pet -B-i e3 k r t: o f eempet e r i , girth t- a --c-he-ame 1.11 as assessed against ef-- the --petitioner emeeeds the-ameant e€ the speeia_ beef t= the --peti ieneaF has -sustained-ei .:ill sesta by rearsen of sueg repe-r-t3-ee terbenefits, er that the assessment is invalid €erra" wi 7t the sum ef J surety, te tie-e-f�et -t4at 6he gyp=~ -~i - -1 pay te the eity a1g. eosts- tr Jand shall, within !G days freffi sueh-eenfirmatten de iver re the e —said-pew--1en, then the­o-ail3dity of atteii ass a rzmrynY r -- -1 eshall 3�F?---deterfflined in the rty i ud-Iei-a1 pFeeeeding se beque. Withifi 10 days after the delivery -ref said aepy of peelt�:ert te ehe eity, e e ta--Hi a nag e r -e h al l answer- thesaid Peri t ief3 , and the --ease elall 1_�e- earl upen erre --pent n - and --ate;: aft --u pen sem ear-evrde nee --a as made --presented ter -tie eeurt- -%ETA msum8 ef--aeoesoment sa a1s4��� esus't-may be ehazge affieunt• e €-t:-h e-sp ee i a l a s eesstne nt -a ire t paFeel-whieh-fay be- set aside =by the eeurt, iinless the assess eirt t}pen the entire d ie t r x e t ---i is set -aside, e the affle:unt by whieh eh assesaffient: is se r-edueed, ffiay ade e L:;he eity at ' _ r err, 5:11 the d .. a ewe t i enthe eity eeffimissien, a ew aBsessment L -ell may -Iae-gx-epaiedrand -- eenf }rimed- -in the manner dere inabeve—previded— een€irwatien-ref tate erigi - l assessment :-,ell, exefit awn- need be b ; s h e -sem Page 85 of 123 U 1- 843 0 . .0 eli rez-ter-- €--finanee en said assesswient re's i , r f3ew- reli shat:=' be made --and -eenf ' ed rra--arcs -i -ein emase .zse ez=-a- r ...___eri tie- -t the e apper-t-Jened by the nes - el , fet-lee as tt6—aLt 3 izjS siir2ri--- aL-- assess a n, . r-, e -SSeesment is -abated e ehail bp- e e er -aga fist--hriFA ees assessment -be --abated --er ehaIl be- i-edaeed 19peke. t ev fner-e, -strep Bests --ate empeiises shall aid by 16 -he eity-and t - k be ente maga- � it few the affl-ei-in :re - apperti-efied and assessed shaII 1--e- -and payable at; -he direeter- of- €iree r have --9 44 -_d- a 1. pe•i:-4 t� im the -eirettit;- a eu t-- --a s -evided, -whieh assegaments skull bee -due a Rd-PaYa - € e r the -de e4 eiieffi--a€--zlie a et r-1 the:-- aiipef bt-�t nithzi sa-isl-,-day eELt shall be. lawAA --ger--tie ei y ee assessed ---in exee$is ems' �-�_a -�+ 13�- - .•.=, fi e€— payfflef#= g — said sere , sliall have the pi4 -lege in equa-I annual t-allments in 11- 44) si_teeeedin(� yeat�e er—sueh peried as may t -,fixed v. ,- 1 � the � T reh annuffi r the da e weuld ise—�-i-€-suel3--�3 1e = arc e� ive at --f ed ---rarer icipenc­--the-- € 1ifig e f----azo---gae`kt u i a 6 e r t a j g, he the I Page 86 of 123 of - S 4 3 he to d - e y tni-Fne wheninter-est ae al- it—e—, -- hats iiA 3ii3 3eE- eerrcczzz:ee�-tirs 'urs--v--deemed te-prevent the-eitiy eet��is��e�-� hide e.r--deposited —Le an, tem ea€to.r--ee--be � madde, £e- ements finaneof -mem the -pFeeeeds of thle seetien are i @ *ems- t r and- -8911Ld 9--l- z--t-went-py-- Page 87 of 1.23 01- 843 _ - - - - ~~~t ~^ any part .^~-^e°f' ^^eve^~^~^~_been paid, In an ameutit net g:eea1=-e:e thafg. ---__-- ---_-- `,--'-___ e^ the .~~^ and r-esalut4:en shall have given twe er -iflerae alter -native and -__-' with -_______ _~ ~- ea~b p^^~~ geld e- making aftef ---- ------- -- -__-' they ..~y be i~..^. ^, the f:u=l- ~~ �Q � � � m � ** Page 88 of 123 '� impreet"enes . Raeh-serA,e'E of hends shall mature in annua1 installments ems suet dale -ie-eae.h. yearand in a+ieh-,a�p,e* a n t s as the deter -mine, bega:nni:nq et mere than twe years Erg date, and ne eptien of r4er reelempt4:em of sueh bands Shall rye- reserved; --suczzbends shalrbear interest -nee and Iii- ea e h m ed --i utf—a-nd- -a t e ire h --p l a ee as the e i t j eemmt s a -i the general, arr aridshall be-iestued enly in delle tens of $590 er- $1,09G, with mere t selel by the eiti+ aeimi, ee3en ,after- -publie#ing-at least 10 days befere reee pt. of bids --thea-ey eE a -nets :ee ea-lling fer SCi£'h bide -acid -shall nete--Geld-at less vete e f- all ftiembeL-a ef-the- e '. sueh bends may be seld at aate --a-�e—v�;�io advert i seamen t --and may be- sold --ate-a-gr-ie a -not -less a� $0.97 en- the -dellav and --aee=�ed- made i-egistFalgie as to prineipal alese, --e--s to bet prineipal , ndei i3iierh eanditiei s as t�!(� eitytt ae a --may dete- e -mrd -shah, withthe dem therete attaehed, i9e emeetrted as'�•svE6ded--by, Le_vy—bends. Netwit€i-stacrdiag tiie- pre*19iens made hesain--€ar the esneeiavat-ien--and pledge e£ sreeia-1 assess ents fer—the eemm_ssien is hereby autherlied andrequired annually t e- levy a sjp ee i l rax -L}ipen-all -- -t , t i., , Lire—eity everr aftel abe ., all tames -anther :reel ----tom limited ehar-ter ems ether laws, sfeient e i3ay the i nt�+a- t J- theii- i9eyer-al: dates of matte 1= , t_=ke preeeeds of all whieh taxes shall when eelleeted be paid inte the fu ve€erred te--in--paEagiFa-ph--(r-) -F (t) j of thes__t_etom gethe _ eei tained; and said - fund -ishall be- used -fer div- et-hez• , hewever, that the affistint of the anniaal tax lei c n_Lea ...a1. be redueed in any year- by the ameunt then eenta4:ned in said fund, it Page 89 of 123 01- 843 be payable `age—baae�--e £ the eity, t -that- the aelEl-i t i en a l erg t y P--. nezce F sueh, ' e g c irczas--Ca"--�cu� ilei —z .e— E`GSe6te theS-- t -43e 9 i3GFR 4TYZaTjQ refei=enduRi pi-ey - - _eL—ire ti+ 31: 111FIEli be 6aleen-by reset titi en hal I F / `' passage - Eat Rat fieat em ef vess4at-4efie aired, ed and eenf i Eme d and sae b e- l i r � d ~fie v ti - - --;men--,n 21t en and whiei, deelaEed the --ter tertti en e f-- r h ti " l ef imp �eve tents er-eleLed thereby are hereby —Y -a -t-- _ d ; �1-e- .so er-dered may --be �rtp Page 90 of 123 01— 843 • • madeandt#e—p=eeedurre therefeiF eeneintied under- thus s e ems est -mss-- so Fnenddp-the--gL-a %xi: S iefte o f this seems shall apply t e the -advertn} sem__ _ _ and e f e assessments, the signing ef rva �e I ,--the -i ssuaneepf—bvr^zcds, and all otherdecaries herein{ exeapta5 any e; said steps—may —aireadyhave — been ale -- E9eeE'fl�F3 6��3fl33{�8—:ifi eeos 6§ ees tri W #true#e e e et ee-- ave -dee he-feune-t ed--4lie, ends were -env shall ba -issued, -s:aeh emeess may be ,- f . _ d b, the enly n the —eity' 9--shar — ef--the eestis OeffEit-�3cr le}etal made under this t . uu; Not`--ef heaving s-ebleest4ena to eemple--ed, theme ty eefamr seien-s 11 ea;isa a-netiee t -e e he- -t�6tt-,- stating that at a meerAng ef ehe e -i -t y ae>„ffi sen-ze- ba -ire= at aee=t day and lieiij�, net_- fewerwe3r - than te-days -€rasm-t#e--pttblleatieri -eff sueh nalc eye, ti:ie - e X1 -3 -#ear- any ;'b j oetiane e --pe a rs- to eateE�-ter a o feeted by the said ser a s e—fit the --t ' �d z e w a near- ISUe ebj-e 4t-he Said g ante ee: The _ . '-Q tied piFap ei'6---v ii e iF 8—tomand the enly - �e the-extent-t#at-said exist -i-, . me-evements be of- wha e#-tatreh-aeoesentent-i-s Made; -anel the-e�ity ettlsisa:e deter -mining -(ee) ems- =6tel q the asges6 n#ufa STC' / lan has been --¢rcibdna ideei and platted -=1nte small trcaais else grated---ae—l-e and --t#eewner of any land efftbx ae ed -Iii the Page 91 of 123 01- 843 0 0 said sury elf e r- subdivisiens has -tee e,59n is ee}--s u eer survey by Belli ther-ein by refe-reRee4-=#cLet�a,--t- ieR, and that— the --3. f:e—assasafne s---re€errenee to 93,Imh. subdivi oma- #ea� a _hereefe-been reeerde sti:r-faee-p:253-vae:9—yep tie-- tanks, and tom -like. the eity-c t a kra� ve---pewees--te--atr�hezi-e--ate e- _ —aiid et=iieLr de ,; ees--€9E the E-ispesal--ef- eewage heve eenneetion with sanitaimy sewers is deemed by the eirzy metieable,- to vegulate and eentre l t h e l e e a t ien! eene35u e t i en , -,nam r -i e ea7 and use of the ane ;te eeFflpel- thepaymentto theme*-.--}- ef rreasenab4e- aha-rges-€a r its san' t o een eetien-the-r-ewith; be make she -ea -id eiiarges a lleia eenneetien with sanitary sewer--sby the -= t destroy, and ferbid the Use of - , eesepeels, and all ether- devree-a—fer the dispeisal of sewage, saftitaiFy sewer -9v Feel-- -.ta e I :iBey w a a r tie s and 14 e _ , , : ,_ pu�-Pqqe —o €—t this z a l i mP re vemtents—fay be Made, it icer 'ri l l •l e q a -irt-; �--� eenreet�en w -i th afty ef the- preeeeek-ings hemin a-athei-�6zetea!!- rr-any way-affeet thea!4:d4+y of the er-ders fems-quer areveffient er speeral ai3ge28R}err6—ems' 68ad-s -ea:- eenti-aet-s,--usess eueh --- q ., ; `y e r - illegality substantially a f fee tia the- get -A-- e € -sa-i assessed -4-r- eaek _ {- plemefibal aaoesig }ent t56 ee:'Lareet emia;:1-e--- a __- algd MiOtia4eB. In eaee efaram-efnt sigiems, and- fflistakes in making the —aseessment-e;—er za3 ease of defy a r-iff4-Hees that tete a -s s es of e n t s a-3 r-eael�pmade --frt} 1-y e gf ram-t-ke-afnati a f-its;—a--att assessmeHr-may be made -der- sf-reh defieierre�es, a �!ers, e{ffias i.ens, er-Mistakes; s _ pp _ _ _� _� --rr-� assessments shall be irQ a iH the same manReLa-and--a€acs- t}fie—safne Page 92 of 123 01- 843 • ne t iee h r e ; n -,,...ave— ' payable ; i3 the ea -me ei , draw the same rate—a€ min terre s `s�..7 a '7 , penalties,ubjeet rze the same and be in 'Y'e v e e'—Ta'27CX""L�'S'3.'E'�' 't ed inthe _s RTRe—ftfCTnn'e i= `" l -t erigina:l assessments. (99) Gep ee ef--yrssesu;ert.. as evidenee. -A _ ef any assessment by the -meter of finanee sh_l3 be aelfm-teerb=e-in e%4demee --nd Shah �e p eef--e€—t- e -of tie-e�cae - - - - r - -r - - - • -r - -' '.. rri£h sueh assessment i-s-l-ev-sczr 4,_hh. 4- Real ig-re er e;f e_u' ` sehees—distriets--crizv jqe!-i t ea- subdiitsien9. Bade Getiney =and any - seh l diet i e t—o--o-t-re:F pezitz eazwhelly r_ 11' ---thin t�hey, ahall pea -e-- and Ise sicibj eti--te the same duties et=d- liabilities ar respeet—of said assessm.ents a€feeti�g theiF real phi=ty that eeess era are s_b .. e J- hereunder-, eeueha- eal p-regerty of said --eea seheei-Eij. s tai e t ensshallhe s ub j e e t -t a liens €e r--sai-a assessments in al! --ease s where tom --pr be subj eet had it, atthe time -the lien at-traehee- �i i) -fir' i d ewa ll k "sem , 3S-tfjbb i ah ,—we = d e Themay ave .-L ase = tit ire e3 erEiiLna dee to -pig -ibe the width of every _ `�e..a-14e-iH the -eity-and -the -ma .rare € the -s me shat 1 b st . ed—. Tie--eit -eemm. -Bien shall ave pewei- an. s;=eb t3et-i ee--ae—r a e—pre seri b ea by re sai uE i ee to pr-eperty te lay, eenetruet,--er repair- sdewallee in fi=ent-ef-the4.L- preperr�l . The -e =y ea ailasien shall --arse--i}ave--ter ieh netiee as may he r---__-_-_ --by reselutien to require owners Rf , and :uns ted l*Rsani;6a= - ',-emeavatiene any --ci _ h requirement within--t-ke vi de a—i R t h e reseitettieft-, the eityeammi.-es}es-may eause siKeher be-dene and the -eea t t here ef a e h a -rge r t s�ieh preperty, a lien of the same extent and eh -- te- as t- ►e-�ii•en - #emseiii pi -evicted fe," ispA-4-1 whieh-brarge-shall -be- tie Page 93 of 123 ri 1 _ 8 4 3 0 • 9--jefi, wit -h -the 8 --me, penalties and with the saffle 1 -g prevent the payment thereffer- ae elsewhere pa-�evided in this t , been eenst.r-ueeeel er er-deaFed, ehe--e-i-t may wmers tom--eenne their -p Fermi s es -with. the - e by general v.a ee-t-�t in ems ---off -e f. ,- after- ne--aLee is given, the n sin be made by the e-i;;y and 4=-h-- thereefsetall eens- rt -rt e -moi upen t-he-ne•u-se, land, anel prremiseis-tkerebs► a€€eeted. The net!e-e-l-ast abeve is f 6pe —El —cider rr�ie Eel e e t `.3 his rent, -e 3 ~ / sal- jar-5pe2FttFL Is/ that ttpen applieation and shewing ef,by the--pr-egeLcty ewner, Abe eeneeetiee of the--prrep r -� r pre ise~s---wi c - the later -al may be Riaale by theeaei try a;;a � ry� Y y.t 1 Banitai-y sewer and shall Du t e a lie ea -4!e1 lien shall: be payable iii equal annual instalifnents ate ee €ems any e -e _-- r-_ __ -_ t:ut by r -rte ei-ee iee On --1-n the gele-ral. 6,6d na-Hee . inqta!?fAel:tt;q with -a—ra�E'-f—Inte`vest as eiv'vF:rcleel fee inthe gen a - a i- er-d4:nanee shall be e f vefn n�-e -led the tiffie }e said years in whieb--fie -it y (jeneF- 4, tai-Ee s -are d - a=zf3-payable. a -gig e e at--af -saw lty ei -a to z--: a svee - laterrals. in lieH ef e-eee-e€ mace e t= -e rpt -sewer l a te�a•3. t o --ti he let e v par-ee-l- to the 3nth1s seetie3, i shall be lawful fer- the e_t {. ,j � lr eemnilselen e'eSI-i.ftnietien a twe er '}are-st'C'h laterals, feiF the er pareel to he p:Fa 3E'L-ty er euro line of whieh any eueb- late: -,al is laid, ef-the Page 94 of 123 u 1- 843 the ease fad -----b e ; ----p re -vide d , -----hew e%-ei- that -tie zseweim I-aterals—eenneetnEg with a ettr-b—se errr an k' r wi z. e.= r .•rzccL: -raiz r haze --bei ds _ef- -t-helty , b eza i- i n g inter -eat a t-net---fe iFe-than --6--pet��� a , payable- a-- 1--h-e- ef9etianee-e-t---t+erect t•ev,-'-to issue reveffue—r���r as te r interest, ear de-- the s er- tie-atr thr pee menthe e --l: a--€iseal: year-ffiay ma Ure either ; a f isealyeai= ev at aey t�jme--in theAsea IF (seal year, If t-heretefer-e e'v'�e�r �„+ e -t. 'fi3Laa! year - - a- d 4e) tom ---e (d) the amoun - -e f a r da f� Page 95 of 123 01- 843 0 0 eurrvent ff�seal ye -a �,m (e) -he faee val;ae ef --a' gments, -and ether- eity ebliga-4:ens te --pay d .1 menet' then eE aiitherriEed, wh:�eh have tie fixed tiffie ef payment, er- wh:�eh by their- terms are ene and t-h--ee m-enths fr-e" tive isetianee, �emepep_, net= -e -'s is -.9, n ant lie -ii e t4ie—p-r-eeeeds of the sale ofd The stt]396anee ef sueh--s-tatement 4.-raneeshall be eleeedd -j.n. ga-ld resselutlen, and ne tF�ae bends. . shall ther-ein be auther whese tegetherwig h the ameunt of item (e) , abeve, shall emeeeel 75 pereem-t ef the r-emainder ebtaiiied by Ei) iii the sum ef items (a) , (b) i and (e) b-�!" a vete ef at least feux ...e. _,__5 ef ;rzhe and then at a pv_jee ef nese- leee-than $99 ea the Said fe9ell-it-A.9- the diF-eeter- ev fj:najje� t sell the bend at ene" tiffle er- f-x2eFa t e tre t i ffi& as deems few the be - interest ef the eity, pravi,ded that any autherity te the 'd-Ji-reeeter- ef -f�ffe shall speeify the 51.1eURt eE beRds te-be t,he-y- may wal O'l- 843 Page 96 of 123 taee5 in Fierlda-er elSewher-e as may be Elesignated by rnhe - ei-tyThe -e�:;=-y-eeffiniaiestis hereby the -r; z d t -o-- --e ,Fayleient dames ttpan-all the taxable pr-rpe-t-1�. r-- W4-thin the City e€ Miami eNger and abads--' = ee autr- zed -or 1 i- ted -by law, and he- absea et e , d re etc , -and--genie ra l-eb l i gatiens e €- -E h d- e t y-. m--eaeh- yeas-- ab. -the -time -e f the a , there 3hall be n e l u ded-therein a € o --the-paynent e€ --tlie zi eh have matured-arrd rp-aid, and --air - whether Fn t- red einet . it shall all e tie -du-}- e€-- said e i t-�, a€rmeic -t4-e-_ auther-izat-rem-a€any--�Fe%-eigue ode -ems re-,;Fen=ae reTQndi:tIg bends,to r-eser­re`-fr-am-eurrent rze- enues, -as- t Te eui-r-ent--- f } s payment of=_� e refunding be at t-er-est ther-een. aim —e r --- all -l9e n d s a u-tho__'_ea bis and-gre -eagree-redtte-inn the ameent efeurrent revenues whieh must -be reseFved-€ems--their payment. it shall net ba -nee&& & y to subfR}t= sueh bends er the e-r- tamparyers,and the-r-easiutien autheris!-izg the same- shall be in f- its e,- All 3 evenue-bends and -rerenicte--refiZi �Dii _Hxn�g bends f�� -s- e 4l - by --said }era--eW�etandlng are -#ere =-=rat i f l ed -and validated. See. 32. general e, T&7- Pei�e3'-te issue, ameui3 i6 . The —ei ty eenmissien shaj i =ja' oe power te 4!ssue -bends f the - F-meept for the aF-n aiH , , of 4:9 r^_ n e -€-t ie -a ss a ee ems- va l tta t yen of ---a!3: real l9rrePerty- With4.n tom-- g }awe eed i ng----aeeee ameat rel; e€ ----the e _tom p revrQed hews Few x that -i ends fair str_ tz- ,—sevoey,--s=mac�rcr�—an Page 97 of 123 01- 843 0 held lime fer uneel 1 ec t ed_��j�c�'3�IE�A�fRe3i��; —artE� r ? �'c"viziixL- —13pibe _ a Shall , eP-' Fz3 e�%aG'� -� i nrc,rcci csef- Maw--he 4:sstiedunder hien• t -he 91-eaemeiittt 9 �3e—mac-z7tra ts a nel e€ Ity-ef. Miami. -- e3 i lg strep --eke fteff"i-RI&t€ems--a s—/- h , er-din Tee--8�a=x—��e� and - -elFeS6 nee in the Statutes ef the ef ---Li interest —t� _ * va 4..L lll4-s-, yeL t V i.'-C7C y r-ci ralife efr e -it- flffl 993 Qeerar- ''t jn- i�sa e i e befids rrdinanees a sing— HY erdi the ppre:ved the r • ?—afierear fir—at ael fa3ti-irB�rsEj-iA—mcixr-'�i'acic?-vx - }�e c�ce a May -99e seld. fe:L= fie ma Page 98 of 123 01— 843 M c'"!3'iy- slibsequent e=aa-sz=anee er i=eseluiEweir--ea—ea -3-y elit the p ewe- - o£ - the -s e e t i en shall-ge jr t e e r-eet e-- r-ight--ems-tee € e e edUFA--e e a ae-11 -e I'tee e, -:i tj+Tf+c- eaien s#a. 1, a E' --year while any issue -vi bends is eutstanding levy alid--eel-lree-t 3 genrax-�; �Zate: open all —the gable—jgr pe• -ithin -� 1--e-pay the-ettaFr-en-t- intorest-thereen,—a-: etiffielent to p vide for- the ef the the tikme ef any oueh le -I., the ei$y-has areeeiyed __ nel he de jDayme-n.--aueh -Pim-pitpal and-infaerese -andfar- whi levy -tee r- edu e e d 1611 i ke---jum, 8S1i�3�c�--in c' n ti eipa ti en of jq: 'eeeads fl -em 9al--�� any time--efteE r-alz-:444:ec fieri-tif a "-an, adsnees -re--theHited States--GeveaFnment €e previAed, -t he ptiirpe•e e s €ems -wit i ear - the-he;rAFg ve to be i s s d , in . tlhe rreee3-pt a& the- _ aee ,s-ef irate sale -,e= the 19ands Vbe eity eemffl i s a ien may -ber-r-ew ffieney-few the-€urpesee ieL-4r }err ---fie bends are to --tae rFa antarm- z �3e— a ee O€ YE---t-he pr eee eds a i----the-e a4l e -e€ -he-- bo cce , --ad w -' -' -' - thfe wed a,, a to eideed---Sue. Gus: ieaa-e--g aka -be -pa -id --nester- aA- -yeave after the time ef eleet-4eii. The an May 3:n i -t-9 diaeRFetien- -retire all er any part ef atteh 1,ears thre;u(jh Wiens-, eurcrent revenlies, p reee d e e€-- t-Ae--sale o f re sy ;err ether- funds -i -f. 1-i ee mac -the --event -c3€--- any --such---et-iaFet rt Of aRy aueh lea -n a �--means ether than the i0mianee-of the ti..elid meted, tiic - eity ear­ffla:s8 1 -amend _-r- a1 the cr-elinanee- a k*t he M n g-su ea=r-- n e dam -,-s a era r -e due e- the atit A -ed affieunt of the --bend Isau-e-by- the -aaunt of the €e an se t o- be retired. --Qtie h-aR,eneIa t o ry---Ar dealing--ardinanea Shall Page 99 of 123 fjl- 843 rrkglit eli t4 able net -es -fes--- -be- i t yled eta - be e� y m�_�-quel•T- leai3.8, w�' eh net -es -�TTc^ep 'nc ea 44__m I. 4e3 eby; -bii-t- all st} h faetes shall Mat. • .- ni n ti �.3F_e year-5 CG L'i�2T__._.._ j after- the lee --Ne fnelley Shall be ber-r-ewed at an Interest _ awe spese•d--e f b7,=pubne- -er netes shall 4-1•1-11_- aetciu! ei=-Fiia�x]-ffiam lie--afijO�int-$f the ii@ -e s ai2d-�3L� cc�ca3� 6i�-�tteraiitirzirir-�at�-�� de est t o-bepaid, and- the--e-i t y eeffiffii.ElSle -e •te any —e f f iee r the € €*s trete € a ee— -' +�a-t� � i t r aid--•��t a er---.�-�e��--day-��t= � �€•te- � ��=�-t Pre s ebbe l in his -semen, as well a tie -pew e#---Sirr3zt6 e_ —wri cz �nrl'i£ri --b a E3 Ee H L -i t e E}—izt the mariner pyres ibed in tZt€e--seet�:ei}-Lar the-exeeutt€en of be nd- aft attaehed, in the r s}en, -fie--epi-Bene -€ eYrte-�v--be-psis; -136wev£v , t ?t -246 --bend 3-9 t e s - as aga t --bends vete-for- --the pugese-e€ harbe- - 9 , are applieable-en--and 1 tael to h `-nts-aid eball: net be- }kgs ed fer- a _ eta-`tee--salt--netes e the y atterne�!;- eel —teen---eaeh-ne a er endersed tbei=een-. - Fer--tifle int , and 1,x,1 r_prep`r-t be --subjeet te the levy of _-D he sanie emtent as -is herein e[ 223 the ease -e f bene rA z ed -by --t b is seet�:en r At any -time --and €rem --time to --time after -t€re -isee e€-b9fiels---ef tie e:I=-y ha„ --been --auth it ed, -., hether istieh , entre-ems ether eh! 4! ens --e€ the t 1`, and, if the appro'v`al-e i s ti e h be li at ccii--c a -ke3i E'6 a-ntieipatlen--ef-Hie- -reBeit--e€ the =greeeedo of the sale of Page 100 of 123 Of- 843 -su eb i ends n a ;--h i nt- ke--aut zea n t of sued Adan- sh be paid _ within .ree-yea_ after- t e -date en-4.:li -i en --the- issuanee--ef suets-benEIS z- att-berried--er�;fi s Leh bends ere-appr-eved at an e eet i en, within-- ioLeafter re -elate n-voh eh sFteh eleetien- is held. . B nid ant menu--bexre;ed ufler the--picezixeiens e€ tkis seet " slae netes may bez=om t iffie- -t-e- time, az! -gueh notee shall fflatuEe-%At#:n the --time abeve limited er-- e£-the -egginal -lean 8t}eh hetes- hal-I be-aueherized by rEtsel:utien of the --li t,-ceznm-s9sie14, whieh r-esertererss sh-aa4 p-.erribe—teke--denefn4:natien or deftemit3ations,'—Lhe :i treir - -rate e i= rat_ -e-- :_ �- emeeeE14:ngthe magei:iTium rate by lair- ems --by the er-d; .,,,ee--er--reeel:bitien aut#err�is-inq the assuanee f the bends, whielie-vee shall be the -lesse , the €er-M and the --manner et e3feekitien of the -setea . Sueh nates may i9e-eel d -a a pub lie -earl -ea t -e sale if s titer e t e e --be-- r e Fte wa i-no£,ees , - nes t , speeial ss =ement , er- et : -tends} , jjmom 7 t y, k C'� means Of—i7ndS, �3-evicted, -v heaveer-, fe ha befei—e Life re tz r emet�t-ef s u e h net= -es bany -Meana---et#e3- than e �a3 of thebendsin-a-nt•A:e1patien--e€'-- the ireeeeds of -tiiesa a of- autherized amE)i:iiqt= of the bend is$ue--'zy Lie afe Rt e£ -erre naree-se- retired. Sueh amendateEy ems- alinezd�anee-er- r-eselut4:en--shall t passage and be piiblished. l l p ewe lF s -end- rel i s eem t=r=te.-- by this setien--shat - , een-frred- by -any gene }-a l e3^ sperm al raw and -sha iz be iberal3-f-eenstrued--ta--e€€eettta-ta the --ptraFpesae--hereef . See. 34., Execution - eff berlds -Fa3---A s--�is ea—ice- this s eetlien , - --h- ward ' bends rG s h _ , , el r , ebl i'ga ti-ef}& of the rG i t i eL- any ethei- - neer t� he -fie ef any general, spee4:ai, or leeal law aiid any interest Page 101 of 123_ 843 0 a eeupefts a -t t aehe d there to shall be in -9,u ah -z m ,shall- be- �a l z_ be-- -ex euted in suehma: � , aid 8i9kaz1---��r--eue=z eeftifflissien; rhowever, �-a– -h - a u ii bend shall -bebyateast e^ ` %eL-=- of €aesimile of stupe —ehall - se te be sueh _f f; eer ,, ere __,fie f : 1 ..,._, } --- --. h�, e -be valid and t -he -per -sen had r- e f a-e`S-inris r signed la jar— -vie h Pereens�� t-�2£ reset-lius–�~ 3fRe vzF9Ue�i bend are the--preper--- effleers fie sign Bicieh bend, persenig-Eefflaiij as qiaeh eff Ie) r bends ., d t-.. the G--ty: ef Miami may be 4:n eeupe.n. y1 ei5 a;nregisteEed! ! as the eit, may be Ma4dep d -s- and n e e sz , € er the �c-e v e ' - en—bfit-K6 of -any-- bend —registered as to bets_ ��--and registered bends ether evidenee-e€--indebtedness e€- the -elt-y-- Sec. 36. Civil service. (a) Creation of board; vacancies; rules and board of the city is There shall be five civil service board, city commission, and appointment; terms of office; regulations. A civil service hereby created and established. members constituting the said Three shall be appointed by the 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, Page 102 of 123 01- 843 and they shall take office as soon as appointed and qualified. The city 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 city commission in his or her own defense. Any vacancy shall be filled by the city 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 or her assistants, and secretarial staff.; (B) 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; Chief of fire prevention; of-- 843 Page 103 of 123 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. (n) 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 [service] rights in the position from which selected as may have accrued. (2) The classified services shall include all positions not specifically included by this eCharter 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. Wage 104 of 123 o t- 843 E r -I L-A (R) The noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, city managerial, professional, or educational character, as may be determined by the rules of the board. (C) The labor class shall include ordinary unskilled labor. (d) Rules; examinations; eligible lists; certification of vacancies. Subject to the approval of the city 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 city 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 Page 105 of 123 o 1- 843 allowed a reasonable time for answering such reasons in writing, which answer shall be made a part of the records of the 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 o•r 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 Page 106 of 123 o i— 843 determine. (g) Present employees. All persons in the employ of the city holding positions in the classified service, as established by this eCharter, at the time it takes effect, shall, unless their position is abolished, retain same until discharged, demoted, promoted, or transferred, in accordance herewith. (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 eCharter 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 person 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 city commission, shall determine the penalties for the violation of the civil service provisions of this eCharter. (1) Salaries of board and employees. The salaries of the civil service board and its employees shall be determined by the city commission, and a sufficient sum shall be appropriated each year to carry out the Page 107 of 123 U 1- 843 • -a civil service provisions of this eCharter. Sec. 37. Pension funds. (a) The city commission o f -said -eity shall establish a fund or funds for the relief or pension of persons in the classified service of the city. The city 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 fit; and shall make rules and regulations for the management, investment, and administration of such fund or funds. (b) The city 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 life 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 city 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) Comprehensiveplanning. The city 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 city 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: Page 108 of 123 — 843 S 0 (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 adopted comprehensive plans; (10) 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 city 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 city commission is authorized to adopt and enforce: (1) controls on the use of lands and waters; (2) zoning of lands and waters; Page 109 of 123 oi- 843 • 0 (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 city 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 city 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 filling 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 city commission to the proper functioning of such board or boards. The city commission may by ordinance make provision for the functions, responsibility, advisory or quasijudicial duties, and authority of the board or boards created by the city commission. The city commission may by ordinance set out the standards and limitations under which such board or boards shall operate; the relationship of the board or boards to each other, to the city commission, or to the courts as provided by law; and the method of review of any decisions of such board or boards. (d) Administrative support and appropriations. The city 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 city commission. (e) Task forces or committees. The city commission may by resolution appoint task forces or committees to Page 110 of 123 01— 843 • 0 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. See. 39. Franehise--and--publ__ utilities Ordinanee rues-- €eur fifths ---Tete--- of 0it-Y ceffimisoien: approval of- sed ' l imi to b i en eadurabien a €-gw-ae-t-, -{�-�- Requirr menzto -Ne Y-ight, er--intere9t- ef-the—E±ty in and to the water -Event, Wharf prepert--�` :landinge, _,H ..,-- ee#s e--ets, avenues, palAes'- brA and--e�6her- AL" Mnd it -, e ether t by autheri-ty of an erdinanee passed by a ree eaFded a f f i i-ira t is vLE:'-=vete-e f f &u i --f i f t h e ef &:19:- rahE— era —c^. the ei-tl eefiimies en,, and uncle_ -aerti': et-hcEyestrie _--- }--App,-eva_!i-dinanee giant i ni , Eenrrwi g er s t:_o=eet_= ss, alleys, gr—elands, e b . ; , a gs a €---tite City a f--MjaFa; t e beeeme--a 9:aw er a€€eetive inany way 'Cintil r:he Baffle - has been appi-eved-by --a majerity of thequalified veter•8 e€ the City of Miami, ve ieg-at---an eleet�yes held -tate r -e f ems- and Vic-- 2juear=�L6n e f itis n being gic n V mere ed er lea9ed-shall net be submitted to—side et -e ef—eueh-eubmissien (ta be -decor-ined e6i zavivn7-'-eant fems sueh--g ant, 'renewal newal-ems lease shall ye -€e--a- lange�-_-pewee• than thirty- yew end-�o--a: gi-ant venewa-l-er- lease--er a��bns erab e e_.-PeYt with e f the eity ee t er-e'theF deeuments--affeeting -the -title e= -tie of--stieh giants,--enewais- or leases sal be fzi -with the e ty eier-le with; n ten days aftev the emeeat-ien ~t:- le*ea e_f— eanstr!%ed-ate-limiting-e --ming tea the -pewer e€ the -awl i l e h--i-e -ebb--empigeee-1 y eenfevred, theeensti=uetle maintenanee, Page 111 of 123 01- 843 the st=iFeets-7- -avenues, alleys, and piiblie plaees of e elty, 3r-e:y4:de'a-, heweyer, that rze f anehige er- franehise een`z r-aet fer-the eeRstrruetieti, rRaifteenane-, , , , -aiid publie -e_- the beeeme e f €eekAve unr=il a a l i f irrrM7 .s ._ e=eeter-e veting---tie can--a-t a—general ei—speekas eieetien, net'ublished ne,eer- in —the -eit, far- a--perrieel -ef at least--s� tagh to s:f e -i tom- --r-et�ai=eat. , extensA:eFis, —Q;i ity " l I shad be subjaet t$theright -ef--t-h2eity= eemply with t—he rermstn,reser-3r `"d, ( 2 ) t e— -e qtr i rre—pr=e p e r- and adequate sure —or plant and 6r ---the mcziI.I--- eazuiree of the Plalit and - fixture -9 at the iighest— praet : eeb- e T� ts--est-ami ah r-easefa-biestandar-de- a€--sex-%4ee--and B an pI event unj u disel=iFainatlen in seEviee etc rates; --d -'^t h e eb rick. a t l eRfi a� reBerved — rightRained 4: a t h4re eha-rter and ' aiiy L-iginal grant-hexeafl ee r fade. The right t•e use and maintain any -emt ena xsnShall teL-ffiinarte with the erriginal . in ease ef- n exteneien e —a-- pub] -ie utility -meted--under- a- €raehiBe—irereaften granted, -sueh right a4a4 --be -b a rm-i-nabi a under- thesameee rens as the eared incl Page 112 of 123 01- 843 ' ` ..^. .'h.^~ with the ---y, _-_---^e~ .~pie~ `~ owned er- ------ -- ----- ----- any ~t~~^ The,eity shall eeffl,.L____ and ____----_' and in au~.^..~. swnership and - ~ all _----' � it~ -_ __-_ =____- every eitY er -goverr ental department; they shall: alse shew Page 113 of 123 ���~~ ���"� � � ^^ � .~ 0 • -i)---£-f €ee t --en ehartet- shall --be—deemed ee cbr-egat Wight -e € aneh4:se heretefere granted by the e-it�—te any public ijtility, peevided that all —pub1 ie utilities new in sten-eh!- eemply with :he r-equ4:rements _F i s eha*-t - -end all eiadinanees enaLAzed purettant t4ie-r-e-t-e-. &�fel u04ve i�. anehiges- prohibited. tea exelus-ive -h--er- ntixtensien t'ie j=ee fha=! -ever be-gr-aftted- See. 40. Subdivisions. (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 Page 114 of 123 'u l - 843 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 owner of ground in the city shall be deemed a public street or alley, or under the care and control of the city 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 eCharter relating to subdivisions shall have been complied with. see. 41 Ge s --a E _ f f . e ---d ea sea-_ ( a) Beeke-- and —eeer-de-- All beeles , r-eeerrds , -and deetiments used by any -c y e f f i e e hiss [ a r-- her-] -ef-f-a^—e-r- pet:tain,g teh}sfer- he -r] dates—a 1 lae- deemed the prrepeFty of e—e i ty, and the —eh:ie €F—a�er in ehai-ge of sueh a€€iee--shall be—vespens-Jble they-e€eiF. Any sue -h A€ f e. r es—peb epl a €-er the keeping of -seen --Meeks, rreeerrds, and --dee ents shall, within three days after the end --e€ tria er he= t e wm e f e €€i Ee, e�—within three days after the date —ems Page 115 of 123 01— 843 0 0 his er- her Y-es4:gnatien eE re ;evamem--ef=ee , as ,he ease fray be, del x ve r- �aa tie--e-i ty e ler}t e3 t -e his e her suec&is-ser- in - all sueh beeks, , e y deIiaver-sueb--beeles, r-eeerde--ems-4-Aeum. _as-a-efeqtii:�Led by this seetiee ei,3ll be deemeelan: agu- i..-izist the eity, cold--upe' tien ticte3!Feef shall be _ �e iCe . 1ea , ��� s:.z-roup�r2=9 , rcC v3.'ua-i-lie eity eemmigsien is --hereby a-uthe ed and e moo,: by afp, te fix t= -he days and iietim-iq dei2-atkieh all ptl-ie effiees a- the e ,-ehall - He kept ear €eibusiness. All Beeks and --reeerdeefe:Few--y e€ the inspeetien sebj eet-to-t ie -ireige - ee and fer- -fie effieient eesduet eft=he -business e€ nue# depaFtmeet er e ff i A -I rrtir� ehart er-; eltyms , by reselut�ee shethei- e€fleers, e-%L-dE9, or- empleyeea shall give band and, igse, the-ameiint er--peiia4-t-y thereef. . Al-? effieers required by this ehaiFter ve bendis els ed by the ai•t--eefamiseien-shall.-bc , eenditiened en the per-fer-man•ee of -the dude-& ef---zhe±r--- resp eet-ive effiees. sueh be-Reis,unless ether-wise- €iea3�pvevided--by this a ,anter, shall bepaya-3e--t-e =—e=mend shall --grevide-sueh pefta4-t-y ate- the -e i ty eemmissien may by �e s e l ut inn--pi-eser-lbe . The i t .. an ..y...,, , ate t-bev�e ed t e- le--bss-i ne s e in the 6 to to ef-Fi e_ da . I be prefaium--en-any-suet--bend-shall bepaidby the zit-. URI: ep9--etherwise--epeeifleaice---preceded--in—this ehavter, all such bends wall hem ice.sed-with- and Page 116 of 123 01- 843 4-d-) eemt mai en Shat fix by er-dinanee the -eemeearsatier--e€ e et- mana g e Y-, heads ef departments, mflun" ipal judges and the eity eler-je. The e4 -try Rianageic shall! fi-)e the-numbeE and salaries er- eempensa--en of a4.-1-� r- ef:f4:eei=9 and -e pleyees. The-salarries er eempensatiens grade --of- }3e- s e r�� ee-a s t h�t�re-s . 1 I be g z�de d er- ems s 3 reelby the eiey manager in aeeerdanFat-h--Oie rules and - e heard All feces and meneys—teeeeiveQ—er eelleetedby efopleyees--shall fie paid - Into t rea su- fed- Garth e E -e€ lyse—Every e€f i eer of the e It - a , , be€ewe-entering-upen-- the -damles-e€-effiee, take and eeh e c�he -t a apt -eat h -e - a f-� = ma t tee H , t ejg e -:F -i l-eQ---a-n d kept :ift the-eff}ee -esthe elex-k, that he-er she will suppert, -prefect and -defend the—eenstitutien and �t3ne e f the Unite' E es -and e€ -the State e€ -F l,eL-.:d a--ad in --a44 respee t s- faithfully d i s eh avg e- the dpi e s e€ -t-he e file e . -44 E-er4c awa�A admi n i s t e:w:-ea t#s 'l?-ke eity = _ _ r f of the�/[ l ra -�.. . F The m , a6 the reqii& t of the m aye r ems' the eity Ma , e -- etri- number ef eitigens as the eemm--_ien may deet eiEped€ent to aet in. an , a_.; with any ene—er atere- e€ —the- departffient-s eiea-ted--er atit-herized hereby. The members of all--a,:iehand- �'eRifiit�9siens shall sei=v ty ,feUe of the Sec. 43. Continuity. (a) All city ordinances, resolutions, and regulations in force at the time this e<Charter takes effect, and not inconsistent with the provisions hereof, are hereby continued in force until the same shall be duly amended or repealed. Page 117 of 123 U 1- 843 (b) Present officers and powers. All persons holding office in or employed by the city at the time this eCharter 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 eCharter 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 eCharter, 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 eCharter. (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 eCharter 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 eCharter shall ease -nn4 h -P 4..1. A -y continue. (e) Acts under former charters. All acts and proceedings of the city commission or of any officer of the city done or taken pursuant to the provisions of the previous city charter are hereby ratified. $ the esrtys Ne---su1t shalit be ffiaint fl—eu�-E3 any ---trarvt,- written -aetieeA-f- - --$fwith spee�Lfieatjena as te time and plaee of the 4:njuv�-. It Page 118 of 123 01- 843 0 9 e4-.a3--l---be— the —duty -ef Lire city atte-Ene —upen -eee- - ---g ___h befere tie—e,t y a4=---.1--estriga-6ing —matte reasenabie settlement fei=—che injurr —suffer -eel, ear deny la aha 7 i tt anti di eet the —city atta -ney—te defend r f damages, Sec. 45. General proviei.ons. (a) Codification of ordinances. The city commission may at any gime appoint a person or persons and authorize them to arrange and codify the ordinances of the city and to publish such codificationinappropriate 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 city 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 city 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 city 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 City Commission of the City of Miami". (d) Enumeration of powers not exclusive. The enumeration of particular powers in this eCharter 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 eCharter, or when not so prescribed, then in such manner as may be provided by Page 119 of 123 01- 843 • ordinance or resolution of the city commission. (e) General laws to apply. All general laws of the state, applicable to municipal corporations, heretofore or hereafter enacted and which are not in conflict with the provisions of this eCharter or with ordinances or resolutions hereafter enacted by this city commission pursuant to authority conferred by this eCharter shall be applicable to the city; provided, however, that nothing contained in this eCharter shall be construed as limiting the power of the city commission to enact any ordinance or resolution not in conflict with the constitution of the state or with the express provisions of this eCharter. (f) Effect of state law and present ordinances. Nothing in this act shall be so construed as to alter, abolish, affect or amend any of the laws of this state now in force or which may hereafter be enacted relative to towns and cities of the state incorporated under the general law, nor any of the ordinances of the city now in force, except such as are in conflict with the provisions of this eCharter; all such laws and ordinances are hereby declared to be in full force and effect. (g) Unconstitutionality of part of -eCharter. If any section or part of this eCharter is declared invalid or unconstitutional, such declaration shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this eCharter, unless it clearly appears that such other section or part is wholly and necessarily dependent for its operation upon the section or part declared invalid or unconstitutional. (h) Effective Date. This eCharter shall take effect immediately upon being approved by a majority of the electors of the city voting at an election called for the purpose of approving this eCharter. The—ems baveau --ee iasien—shall—h of legal alel unde-r—sueh-moles have paiuPr- to ester -1 h --a acrd--�egt�At-re=�,�-�#�e ei y eeffimiee e33-- shall-- ,Tee e e rvh en h�rrea —s h under- t}'fie dlFeetiepi a€ -- , a'be the —did E-eeetByef- ptiblie reifai-e Page 120 of 123 ul- 843 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 C -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 C -city commission. (b) Appointment, qualifications and term of Independent Auditor General. The Gcity 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 IAG shall be subject to suspension and/or removal by the C -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 C -city commission or any member of the city commission. To the degree necessary to fulfill the responsibilities of the office, the IAG shall have the power and authority to: (1) Examine city audit functions and accounting systems, provide budget and legislative analysis, conduct financial, operational, compliance, Page 121 of 123 01— a A 3 single act and performance audits of city government, officials, and independent agencies, with reports submitted to the Ecity commission as deemed necessary by the IAG or as may be required by the Ecity 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 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 Gcity commission. Such assistance shall be limited to special audits or limited examinations ordered by the f -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 Gcity's annual budget, as may be amended from time to time by the Gcity commission. (e) Es tabl i shrtten t 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. Seo. 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 Page 122 of 123 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, super,►ise 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. Sec. 50. Certain former Charter provisions to become ordinances. All provisions of the present charter, Laws of Florida, ch. 10847 (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 same 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. W5552 Attachment charter Page 123 of 123 01- 843 a CITY OF MIAM [ 4 CITY ATTORNEY'S OFFICE MEMORANDUM TO: Walter J. 1: City Clerk FROM: Alej/Itorll City .4►r DATE: cr 2, 2001 RE: tireled Pages for attachments to Resolution No. 01-343 adopted AUgUSt 9, 2001 - Global Chatter Amendment (J-01-696) The attaclunent to Resolution No. 01-843, adopted August 9, 2001, which Resolution submitted a charter amendment to be voted on November 6, 2001, does not indicate that the language contained in Charter Section 29-A (a) and (b) is to be deleted from the Charter if the amendment is approved by the electorate. All backup information in the City Commission packet (br August 9, 2001, confirms that when the City Commission considered the proposed Charter amendments the deletions were included. The attached pages, numbered as Pages 61 - 69, are substitute original pages to replace the pages you presently possess in the attachment to Resolution No. 01-543. W629;BSS Attachment CITY Or MIAW. FLORIDA INTER -OFFICE MEMORANDUM Alejandro Vilarello ��a�r November 13, 2001 1O City Attomcy, Response to Memorandum SUf3JGGT - Corrected pages for attaclunents to Resolution FROM! No. 0 1 -843 adopted on _e HeFE�Ervcrs August 9, 2001 Walter J. F em' ENCLOSURES City Cler The purpose of this memorandum is to respond to your memorandum dated November 2, 2001 in connection with corrected pages which were attachments to Resolution No. 01- 843, adopted on August, 9, 2001. Your memorandum states that "all back up information in the City Commission packet for August 9, 2001, confirms that when the City Commission considered the proposed Charter amendments, the deletions were included" for Section 29-A (a) and (b). What was given to the Commission on the floor on August, 9, 2001, was a draft handout of proposed charter amendment changes as recommended by the Charter Review Committee, which were submitted into the public record and confornis to the corrected pages attached to your memorandum. On August 31, 2001 our office received from your department the incorrect version of Resolution 01-843. The aforementioned revised pages will be substituted per you request. cc: Maria Chiaro, Assistant City Attorney