HomeMy WebLinkAboutO-11816Ll
J-99-473
5/28/99
11816
ORDINANCE NO.
AN 'ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING .CHAPTER 2/ARTICLE V OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED (THE.
"CODE"), ENTITLED "ADMINISTRATION/CONFLICTS OF
INTEREST", TO LIMIT A CITY EMPLOYEE'S
APPEARANCE BEFORE ANY CITY OF MIAMI BOARD,
COMMISSION OR AGENCY; MORE PARTICULARLY BY
AMENDING SECTION 2-612 OF SAID CODE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the provisions set forth in Section 2-612 of the
Code of the City of Miami, Florida, as amended (the "Code"),
prohibit every officer, official, employee, and member of any
board, commission or agency of the City of Miami ("City"),
including certain family members, from entering into any contract
or transacting any business with the City or any person or agency
acting for the City, or from appearing in representation of any
third party before any board, commission or agency of which such
person is a member, until such time as said officer, official, or
employee has left the service of the City or terminated City:
employment; and
WHEREAS, these provisions apply for two (2) years after said
11816
P,
persons have left the City; and
WHEREAS, the provisions of the Code were amended to allow
for members of a board to appear before a board on which said
member was not appointed; and
WHEREAS,. the amendment by its specific language, however,
excluded City employees from the prohibition; and
WHEREAS, it is necessary to amend Section 2-612 to include
City employees in the City's conflict of interest provisions;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 2/Article V of the Code of the City
of Miami, Florida, as amended, entitled "ADMINISTRATION/CONFLICTS
OF INTEREST", is hereby amended in the following particulars:!'
"Chapter 2
ADMINISTRATION
ARTICLE V. Conflicts of Interest
1' Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
- 2 - 11816
Sec. 2-612. Transacting business with city;
appearances before city boards, etc.
(a) No person included in section 2-611 shall enter
into any contract or transact any business with the
city or any person or agency acting for the city, or
shall appear in representation of any third party
before any board, commission or agency of which such
person is a member. No em=1_oyee shall appear in any
ra= ari i-y on behalf of any third party hefor _ any board
commission or agency of the city_ Any such contract flr
agreement entered into or apz earance made in violation
of this section shall render the transaction voidable.
However this section shall not apply to an employee
participating in the Community Development Block Grant
assisted single family rehabilitation loan program
administered by the department of community development
provided that the employee meets all criteria of the
program and provided that the City Manager approves the
participation of the employee and that the employee is
identified as being an employee of the City of Miami in
applicable documents.
(b) The word "person" appearing in subsection (a) of
this section shall include officers, officials and
employees as set forth in section 2-611 hereof and the
following family members of such "person": spouse, son,
daughter, parent, brother or sister.
(c) The prohibition upon activity which is set forth
in subsections (a) and(b) of this section shall remain
in effect for a period of two.years_.after.the officer,
official, or employee has left city service or
terminated city employment.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
- 3 - 11810
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.211
PASSED ON FIRST READING BY TITLE ONLY this gth day of
June , 1999.
.PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 13th day of July , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said lec�isl2 n now
becomes effective with the elapse of t (10) days f m the of C;cm r;
regarding same, without the Mayor ercising v
ATTEST:
� ✓ � �G � �/
WALTER J. FOEMAN
CITY CLERK
APPROVED
TORNEY
:BSS
CTNESS:&
j./c+ao.an. City Clerk
v This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance,. it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
- 4 -
11816
•
CITY OF ^ IIANII, FLORIDA
DISTRICT
W
3
INTER -OFFICE MEMORANDU
COMMISSIONER SANCHEZ
Donald Warshaw DATE : May 20, 1999 FILE.
City Mana r
SUBJECT: Agenda Item
Lobbying procedures
=Lr,i REFERENCES:
Joe San z
Commissioner ENCLOSURES:
I respectfully request that Lobbying rules and regulations be discussed at the next
commission meeting on June 8 h.
Thank you for your attention in this matter.
cc: Elvi Alonso, Agenda Coordinator
11816
CITY OF MIAMI •
CITY ATTORNEY'S OFFICE
MEMO"
TO: Honorable Mayor and Mers 00/City Commission
FROM: Alejandro Vilarello,
DATE: June 1, 1999r�nflic�t
RE: Proposed Proposed Ordin mission Meeting of June 8, 1999
Amend City ef Interests provisions to exclude City employees from
appearing be re ami board (J-99-473)
When amendments were previously made to the City of Miami's Conflict of Interest
provisions (Section 2-612 of the Code of the City of Miami, Florida, as amended) to allow a
member of a board to appear before a board on which said member was not appointed, the
amendment inadvertently allowed City employees to appear before boards, agencies and
commissions.
The attached proposed ordinance, if adopted, will correct such omission.
W318:BSS
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
11816
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Willlams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/kla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11816
In the ...........XXXXX ..................... Court,
...
w , pyblla�V In sf$T7papsr in the Issues of
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and afflant further says that she has
neither p nor promised any person, firm or corporation
any die
u , rebate, commission or refund for the purpose
of of rl this advert) ement for publication in the said
news r.
o
28
Sworn Z and subscribed before me this
Y 99
...... day of ......................... A.D. 19......
(SEAL) ---
RY OFFICIAL NOTARY SEAL
Sookle William nalfp ow
t��L H HARMER
j),�' ; * COMMIGSION NUMNER
CC545384
MY ComlkilsstaN EXPIRES
OF €-0 APR. 12,2000
CITY OF MIAMI, FLORIDA .
NOTICE
LEGAL NICE -
All interested persons will take notice that on the 13th day. of July,
1999, the City Commission of Miami, Florida adopted the following ti-,
tied ordinances:
ORDINANCE NO. 11811
AN ORDINANCE_ OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL. REVENUE FUND
ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD .
(FY '98-99)," AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME .IN THE TOTAL AMOUNT OF.
$218,135:82, CONSISTING OF A $98,135.82 GRANT
APPORTIONED _ BY MIAMI-DADE- COUNTY FROM THE
STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATION'-- SERVICES "GRANT' PROGRAM FOR
COUNTIES," AND $120'000.00 .IN CARRY-OVER ;FUND
BALANCE FROM PREVIOUS EMS GRANT AWARDS; j
'AUTHORIZING' THE CITY MANAGER TO ACCEPT SAID . 1
GRANT AWARD AND -TO EXECUTE THE NECESSARY.
DOCUMENTS, IN A FORM -ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; `CONTAINING A.
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.11812
AN ORDINANCE OF THE MIAMI CITY" COMMISSION
AMENDING CHAPTER 35/ARTICLE VIII OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, ENTITLED: "MOTOR
VEHICLES AND TRAFFICNALET PARKING"; PROVIDING
FOR THE ESTABLISHMENT —OP —VALET _PARKING IN
-@FFICE, .COMMERCIAL_ AND INDUSTRIAL DISTRICTS
CITYWIDE; PROVIDING FOR BIANNUAL PERMITS, AND
'RELATED FEES, RULES, REGULATIONS, RESTRICTIONS,
AND _ APPEALS; . SETTING FORTH 'ENFORCEMENT
PROVISIONS; MORE PARTICULARLY BY AMENDING
SECTIONS 35-302 THROUGH 35-311, AND, ADDING_ NEW
:SECTION 35-312 OF SAID CODE; CONTAINING - A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE'DATE:
ORDINANCE: NO. 11813
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, .
AS AMENDED, TO INCORPORATE PROVISIONS FOR THE
IMPOSITION AND . COLLECTION-;- OF A PARKING
FACILITIES SURCHARGE.: AT.. A .RATE -OF TWENTY
PERCENT (201/6) OF THE FEE PAID FOR THE` USE OF A
PARKING SPACE 1N A PARKING.FACILITY IN THE. CITY
OF MIAMI, .PROVIDING DEFINITIONS; SETTING FORTH -
PROCEDURES FOR COLLECTION -AND PROVIDING
PENALTIES. FOR NONCOMPLIANCE; CONTAINING . A
REPEALER -PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING.
FOR INCLUSION IN THE CITY CODE.
ORDINANCE NO. 11814
AN, ORDINANCE OF THE MIAMI CITY. COMMISSION..
AMENDING CHAPTER 13/ARTICLE L OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"DEVELOPMENT IMPACT. .FEES/IN GENERAL," TO
ELIMINATE THE EXEMPTION FROM THE PAYMENT OF
IMPACT FEES. FOR ANY DEVELOPMENT -USING CITY- I
OWNED LAND; MORE PARTICULARLY BY AMENDING
SECTION 13-2 AND 13-8 OF SAID CODE; CONTAINING A .
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
•
- -- --ORDINANCE N0.11815
AN ORDINANCE OF THE .MIAMI CITY COMMISSION
AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"PARKS AND .RECREATION/USE" REGULATIONS," TO
CHANGE- THE LANGUAGE TO BE CONSISTENT WITH
FLORIDA STATUTES AS IT .RELATES TO THE FLORIDA
LITTER LAW; MORE. PARTICULARLY BY AMENDING
SECTION 38-63 OF SAID CODE; CONTAINING A '
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
' ORDINANCE NO. 1181
AN ORDINANCE OF THE MI TY COMMISSION.
AMENDING CHAPTER 2/ARTICLE V OF,THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE
"CODE"), ENTITLED: "ADMINISTRATION/CONFLICTS OF
INTEREST;" TO LIMIT A CITY EMPLOYEE'S APPEARANCE
BEFORE ANY CITY OF MIAMI BOARD, COMMISSION OR
AGENCY; MORE PARTICULARLY BY AMENDING
SECTION 2-612 OF SAID CODE; CONTAINING A RE-
PEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
fFriday, excluding holidays, between the hours of 8 a.m. and 5 p.m.:
v of
WALTER J. FOEMAN
CITY CLERK
(#4716)
7/28 __ _ 99-4-072855MJ
•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE AMENDING
CHAPTER 13/ARTICLE I,
ETC.
XXXXX ...................... Court,
inthe ..........................................................
wa gtvis�ed in.sa VTspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of.advertisement; and affiant f her says that she has
n neither pa' or promised Ir an rs m r corporation
any dis unt, rebate, comm' i refund f the purpose
of se rinnAis adverb f publicati n in the said
2 r4s
cr" ore me this..of.A.D.19...... y
(SEAL)
7=T***
!f?Kp OF IAL NO ARY SEAL
Octelma V. Ferbe ed�isonalitnowtf87 LLERENA
�0 COMMISSION NUMBER
? >} C CC566004
f � MY COMMf.�SSlOii E1FP'.R�S
`�OF FVO� JUNE 23.,2060
NOTICE OF PROPOSED ,ORDI[A'�!LCES
Commission Chambers 3500_ParrAnnencar! flye Miami; Flonda:r.
ORDINANCE NO
AN' ORDINANCE OF THE _MIAMI CITY COMMISSION
7 ,'AMENDING CHAPTER :13/ARTICLE I OEs THE " - ' OF, .
THE-CITWOF MIAMII"FLORIDA AS,AMENDED„ENTITLED:-
'DEVELOPMENT•::' IMPACT-. FEES/IN-*: GENERAL TO;�. • `
-, - ELIMINATE',.THE' EXEMPTION '.FROM THE PAYMENT OF; .
IMPACT .FEES' FOR`%MY.�DEVELOPMENTx, USING CITY=. "
' I 'OWNED'ILAND; MORE-. PARTICULARLY -
BY: AMENDING,,;,
SECTIONS,13-2 AND 13-6 OFSAID:CODE;;CONTAINING;A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE"DATE .-
`� _ :.-,---..-!.;!.ORDINANCE N0 . • .:
f _ AN ORDINANCE ' OF. ; THE CITY-. <COMMISSION:
ESTABLISHING. A. NEW, SPECIAL.. REVENUE FUND
-J `?ENTITL'ED ."MIAMI-DADE'COUNTYiEMS GRANT_AWARD`
' (FY' 98 99)'4 AND ,APPROPRIATING ::FUNDS 'FOR THEi-�-
',OPERQTION:'OF SAME IN, -THE TOTAL, AMOUNT :OF,• ,'
$218 135 82, ` CONSISTING + OF A $98 135:82 GRANT. ' 1
k `" APPORTIONED BY. 'MIAMI-DADE COUNTY :.FROM T.HE;
STATE y0F FLORIDA ;DEPARTMENT 'OF -.HEALTH AND,
R6fABILITAT0E :SERVICES' "GRANT 'PROGRAM.' FOR
COUNTIES, AND••$120,000.00 IN. ;CARRY-OVER FUND
i BALANCE' FROM PREVIOUS' 'EMS GRANT .AWARDS;--
AUTHORIZING 4 THE CITY -MANAGER TO. ACCEPT. SAID
GRANT AWARD AND. TO,EXECUTE "THE"NECE SARYr''";r
DOCUMENTS;' IN A FORM ACCEPTABLE TO THE,.CITY
ATTORNEY; FOR SAID t` PURPOSE;*CONTAINING A
REPEALER PROVISION AND A SEVERABILITY _CLAUSE:,!
ORDINANCE NO
AN*"•ORDINANCE OF THE, 'MIAMI 'CITY COMMISSION°_
AMENDING CHAPTER 35/ARTICLE Vill-OFTHE CODE OF
THE CITY ,CF MIAMI,' FLORIDA, ENTITLED: "MOTOR '.
VEHICLES AND=TRAFFIC/VAL'ET PARKING";'PROVIDING
I FOR- THE ESTABLISHMENT '.OF. -VALET PARKING I IN
OFFICE;`,=COMMERCIAL•1AND INDUSTRIAL,DISTRICTS 't CITYWIDE; PROVIDING FOR BIANNUAL-: PERMITS, AND
RELATED FEES, RULES, REGULATIONS, RESTRICTIONS,
iAND APPEALS SETTING;�FORTH'=ENFORCEMENT-
PROVISIONS;-'MOREL-;PARTICULARLY. BY -AMENDING. '
f SECTIONS 35-2021 THROUGH 35-311, AND ADDING NEW_
SECTION ' 35-312' OF. SAID -CODE; CONTAINING- A
REPEALER PROVISION`'AND A.SEVERABILITX:CLAUSE: -
AND PROVIDING FOR°AN EFFECTIVE DATE
ORDINANCE NO
AN 'ORDINANCE OF THE MIAMI CITY COMMISSION -
AMENDING CHAPTER 38/ARTICLE II, -'OF THE. CODE:OF_ . "
THE-CITY;OF MIAMI; FLORIDA :AS AMENDED, ENTITLED:,
, "PARKS ;AND."RECREATION/USE%REGULATIONS;" - TO
CHANGE THE LANGUAGE TO BE CONSISTENT WITH,
-FLORIDA STATUTES',AS',[T RELATES-TO:THE.FLO-RIDA
LITTER LAIN; MORE- PARTICULARLY BY -.AMENDING
SECTION. 38-63 .OF SAID," CODE;. 'CONTAINING. A.
REPEALER`PRdVISION AND"A.SEVERABILITY CLAUSE; Y
PROVIDING FOR AN EFFECTIVE DATE.-
• •
� - ,.. ..: -- -ORDINANCE NO. — . ,:. • .:_ �, -
AN ORDINANCE ' OF THE -MIAMI CITY COMMISSION -
.AMENDINGTHE CODE OK -THE CITY OF MIAMI,-FLORIDA,
-AS AMENDED_ , TO INCORPORATE PROVISIONS FOR,THE
i IMPOSITION, ; :AND COLLECTION... OF, A, PARKING-'
-FACILITIES SURCHARGE AT .THERATE •OF TWENTY
PERCENT.(20%).OF THE FEE'PAID•FOR-T•HEA�SE•OF A_- ...�
PARKING:SPACE:IN A: PARKING "FACILITY IN THE CITY
OF MIAMI; PROVIDING DEFINITIONS; *SETTING FORTH
I PROCEDURES FOR :COLLECTION `AND -.PROVIDING {j
( PENALTIES. FOR, NONCOMPLIANCE;., CONTAINING.,'A
REPEALER PROVISION AND A' SEVERABILITY CLAUSE; '-
PROVIDING FOR'AN-EFFECTIVE-DATE AND PROVIDING .
FOR INCLUSION IN THE.CITY CODE.
1
4 "ORDINANCE' NO 1
AN ORDINANCE --,OF- THE MIAMI CITY COMMISSION .
,-AMENDING,QHAPTF2/ARTICLE_ R- ) OF: THE, CODE OF .
THE CITY. OF MIAMI, FLORIDA, AS AMENDED (THE,
"CODE"•),.ENTITLED: "ADMINISTRATION/CONFLICTS OF .
i. INTEREST.," TO LIMIT. A -CITY EMPLOYEE'S -APPEARANCE" y
BEFORE ANY CITY OF, MIAMI BOARD, COMMISSION -OR:*
AGENCY; `MORE PARTICULARLY BY AMENDING
SECTION 2-612 OF SAID CODE; CONTAINING` A _RE
j PEALER.PROVISION AND A SEVERABILITY CLAUSE ANDI�H'
PROVIDING FOR AN EFFECTIVE DATE -
Said proposed ordinances may be inspected by the public at the Of -
Mice of the City Clerk, 3500,Pan`American Drive, Miami, Florida, Mon-
Iday through 'Friday, - excluding holidays, between -.the hours oil aAl
rand 5 P.M. way^
i •`All interested persons -may, appear at.the meeting and maybe heard
iwith respect to the proposed ordinances.{ Should any person desire:to
appeal any decision of the -City. Commiss'on with Yespect to,any;matter,
�to. be considered at this meeting, that person, shall ensure that a ver.-
i-batim.record of the Proceedings is made including all testimony-and
f evidence upon which any, appeal may be based:
WALTER J FOEMAN
CITY CLERK
i C'oF FIPQ��
(#5243)
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