HomeMy WebLinkAboutO-11654J-98-339
3/20/98
ORDINANCE NO. 11654
AN ORDINANCE AMENDING SECTION 2-33(e) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO REQUIRE THAT ALL POCKET ITEMS
WHICH HAVE A FISCAL IMPACT ON THE CITY BE
REVIEWED BY THE CITY MANAGER WHO SHALL MAKE
A WRITTEN RECOMMENDATION TO THE CITY
COMMISSION ON EACH SUCH ITEM PRIOR TO ITS
CONSIDERATION BY THE COMMISSION; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the City Commission meeting of March 2, 1998, the
commission indicated that it wished to amend the City Code to
require review by the City Manager of all pocket items that havee-a
fiscal impact.; and
WHEREAS, the City Commission also requested that the Code be
amended to require a written report from the City Manager to the
commissioners prior to consideration of any such pocket item;
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.
11654
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Section 2. Chapter 2-33(e) of the City Code, is hereby
amended in the following particulars: 1/
"Sec. 2-33. Order of business and rules of procedure.
(e) A copy -of each resolution and ordinance shall
be furnished the' mayor and members of the city
commission five days before meeting, with the exception
of veto items, to enable the heads of the departments
affected to prepare necessary memoranda, data or
reports. In the event a copy of each resolution or
ordinance is not furnished within the required five
days, the proposed resolution or ordinance may be heard
by the city commission provided that -the city
commission unanimously deems such resolution or
ordinance to be of an emergency nature. The number of
nonscheduled items is limited to two items that each
commissioner and the mayor may introduce for
consideration by the city commission at any city
commission meeting and 8:00 p.m., or at the conclusion
of the regular scheduled agenda, whichever occurs
first, is designated as the time that such nonscheduled
items shall be introduced. Any nonscheduled item which
bag a fiscal i=act upon _ht- city shall be reviewed by
the city manager, who shall make a written
reconmendation to the city O m's ion prior to
c onsi r3erat i on of the items bythe commission _
* * * * * if
Section 3. All ordinances or parts of ordinances insofar
as they are in conflict with 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
remaining provision of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are not in effect and remain unchanged.
2
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
April 1998.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of May 1998.
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 legislation now
becomes effective with the elapse of ten (10) days fro the Bate of Commissicn action
ATTEST: regarding same, without the Mayor exercising a�vet .�
WALTER FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
RAVAEt -. DIAZ
DEPUTY CITY AT RNEY
W462:bjr:csk:ROD
APPROVED AS TO FORM AND
JOEL EDWARD WELL �
INTERIM CITY ATTORNEY
3
11654
CoRtij of ffliam,t*
WALTER 1. FOEMAN
City Clerk
'June 5, 1998
Rosemary Ricotta
Office of the State Attorney
1351 Northwest 12' Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
LOSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11652 A-T654
Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter,
and returning it to this office for our files.
Thank you.
Very: truly;:y..ours;.
Walter J. Foeman,-
City;
YID—e—p'uty City Clerk
RECEIVED BY:
DATE:
Enc.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
l HIJ of ' -an
� fy
WALTER J. FOEMAN ? S JOSE G.ARCIA-PEDROSA
City Clerk City Manager
June 5, 1998
Evelyn Jefferson
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32316
Dear Ms. Jefferson
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11652 ,1-1`654 ,
If I can be of any further assistance, please do not hesitate to call.
Yours truly,
Elvi, Gallastegui=A1bwo
Deputy -City Clerk= ,
Enc
OFFICE OF THE CITY CLERK/'3500 Pan American Drive/P.O. Box 330708/Miami; FL 33233/(305) 250-5360/FAX: (305) 858-1610
WALTER J. FOEMAN
City Clerk
June 5, 1998
Ott of ialx e
IY OF,�
r9
JOSE GARCIA-PEDROSA
City Manager
Isel Fernandez Maldonado
Court Operations Officer
1351 Northwest 12" Street
Room 8100 (8 h Floor)
Miami, FL 33125
Dear Ms. Maldonado:
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11652 = 1654-
Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter,
and returning it to this office for our files.
Thank you.
Very trulyyours;
Wa ter J Foe
City Clerk
By: '
Deputy City Clerk
RECEIVED BY:
DATE:
Ent.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
TO
FROM
0 0
CITY OF MIAMI, FLORIDA 8
INTER -OFFICE MEMORANDUM
Honorable Mayor & Members
of the City Commission
Jose Garcia -Pedrosa
City Manager
RECOMMENDATION:
April 12, 1998
DATE : FILE
SUBJECT: Pocket Items
REFERENCES: City Commission Meeting
of May 12, 1998
ENCLOSURES:
Adopt the Ordinance on second reading, with the proposed amendment.
BACKGROUND:
On April 14, 1998, the City Commission passed on first reading an Ordinance
presented by Commissioner Willy Gort requiring that all pocket items which have
a fiscal impact on the City be reviewed in advance by the City Manager, who
shall also make a written recommendation to the Commission on each such item
prior to its consideration by the Commission.
Such procedure would be of substantial assistance in ensuring that the financial
implications of any decision made as a result of a pocket item are known and
evaluated in advance, as would be the case with respect to a scheduled agenda
item. It is important, however, to note two additional considerations:
(1) Because many decisions that are not purely financial have a "fiscal impact",
the Ordinance may affect many pocket items; and
(2) Because the Ordinance requires the City Manager to render a written
evaluation, pocket items brought to the floor at or near the end of a Commission
meeting that have a fiscal impact will undoubtedly have to be deferred until the
following Commission meeting.
In light of the foregoing, it is also recommended that language be added to
permit the Commission, in cases of extraordinary necessity, to exempt a pocket
item -- upon a specific finding of such necessity -- from the requirements of City
Manager advance review and written recommendation
11654
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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 Vk/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 NO. 11654
inthe ...................... J XY—Y..X....................................... Court,
was published in said newspaper in the issues of
May 22, 1998
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 further says that she has
neither paid nor promised any person, firm or corporation
any discount, rebate, commissio d for the purpose
of secure Is advertise public tion in the said
newsy r,,-j
Sworn to and subscribed before me this
22 May 98
........day of............................................................. A.D. 19......
.......0.� �t ...�,--- ...............
(SEAL) Alp.RY pV OFFICIAL NOTARY SEAL
Octelma V. Ferbeyre personall n to CHERYL H MARAIER
i COMMISSION NUMBER
Q CC545334
MY COM?ASSION EXPIRES
OF Fly APR. 12,2000
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LEGAL NOTICE•
'All interested persons will take notice,that oh:the'12th day of May
1998 the City Commission of Miami, Florida adopted the following
titled ordinances:
ORDINANCE NO. 11652__
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ,THEREBY CREATING
AND ESTABLISHING. THE BROWNFIELDS ADVISORY
TERMS_;OF 'OFFICE. OUALIFICATIONS,_,DISQUALIFICA-
TION, FILLING OF'6'VACANCIES, SUPPORT PERSONNEL;
FINANCIAL DISCLOSURE, FUNCTIONS, POWERS AND
DUTIES, AND GRIEVANCE 'PROCEDURES; CONTAINING
A" REPEALER PROVISION, -A'.SEVERABILITY.CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE; AND PROW
IDING FOR INCLUSION IN THE,CITY CODE. .
ORDINANCE NO. 11653
AN ORDINANCE ESTABLISHING. A SPECIAL REVENUE
FUND ENTITLED: "BLUE RIBBON TASK FORCE" AND
APPROPRIATING $21,500 FOR THE OPERATION OF THE
FUND, CONSISTING OF A DONATION _FROM THE BLUE
RIBBON TASK FORCE; AUTHORIZING THE CITY MANA-
GER TO ACCEPT SAID DONATION AND EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE Nn
AN ORDINANCE AMENDING SECTION 2-33(e) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO REQUIRE THAT ALL POCKET ITEMS WHICH HAVE A
FISCAL 1MPACT.:ON THE CITY BE REVIEWED BY THE
CITY MANAGER WHO SHALL MAKE A WRITTEN RECOM-
MENDATION TO THE CITY COMMISSION ON EACH SUCH
ITEM PRIOR TO ITS CONSIDERATION BY THE COMMIS-
SION; CONTAINING A REPEALER PROVISION AND A -
_SEVERABILITY CLAUSE AND PROVIDING FOR AN EF-
FECTIVE DATE.
Said ordinances may be inspected by the public at the Office of the .l
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
Friday,' excluding holidays; between the hours of 8 a.m. and 5 p.m.
Gt`L OFF
WALTER J. FOEMAN
9; ¢ CITY CLERK
OAF - Fw�OP _ '-' ' - ....•_ ' •-.__ .,.. _.. I
1
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(#4796)
�5/22 98-4-052278M j
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U
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
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising 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
SECTION 2-33(e)
In the ................
XXXXX..................... Court,
was pauylisi , In gal, � rspaper 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 MI n said Dade County, Florida, for a period of
one year xt pre eding the first publication of the attached
COPY o advertis ent; and affiant further says that she has
nelthe paid no promised any person, firm or corporation
any di ount, bate, commission or refund for the purpose
of sec ring Is adWisement for publication in the said
1 zox,6 i wz_. �d
1 Swo[n Vnd subscribed before me thl
.....da6y of ...........................
A.D. 19......
(SEAL)L
Sookie Williams personallyCO
HERYL H AAARMER
rs/0N NUMBER
CC5453f34
EXPIRES
yCOA1 FAS>SM
APR. 12,2000
=f >
- `- %ONI'Ir'Wr ■
NOTICE OF. PROPOSED
Notice is Hereby given that the City Coiblt on
ttCity o
Miami; Florida, will consider the following ordin¢ alaFes on second and
final reading on May 12, 1998, commencing aCWW, a.m., indthe City
Commission Chambers, 3500 Pan American Drige;IRAiami, FjQrda:,- +
ORDINANCE NO. > '
AN ORDINANCE AMENDING THE -CODE OFZ IE CIIPOF
MIAMI, .FLORIDA, AS AMENDED, ,THEREBY CREATING i
AND ESTABLISHING THE BROWNSFIELDS ADVISORY
BOARD ('BAB*) AND SETTING FORTH _ AND/OR
PROVIDING' .FOR: PURPOSE, COMPOSITION OF
F; MEMBERSHIP, TERMS OOFFICE, QUALIFICATIONS,
DISQUALIFICATIONS,' FILLING OF VACANCIES, SUPPORT {
PERSONNEL; FINANCIAL DISCLOSURE,' FUNCTIONS,
POWERS AND DUTIES, AND GRIEVANCE RROCEDURES; I
CONTAINING A REPEALER PROVISION; A SEVERABILITY '
CLAUSE AND PROVIDING .FOR 'AN EFFECTIVE DATE;:
"= AN6PROVIDING FOR INCLUSION IN THE CITY. -CODE., -
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A .SPECIAL REVENUE
FUND ENTITLED 'BLUE RIBBON' -TASK FORCE' AND
APPROPRIATING $21,500 FOR.THE OPERATION OF THE
;::FUND, CONSISTING OF A DONATION FROM THE BLUE
RIBBON TASK FORCE; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID DONATION AND EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO .THE -CITY ATTORNEY, FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE. .
y ORDINANCE NO: .
AN -ORDINANCE AMENDING SECTION 2-33(e), OF .THE
` CODE OF:THE CITY OF MIAMI, FLORIDA, AS AMENDED,.
TO REQUIRE THAT ALL POCKET ITEMS WHICH HAVE A'
FISCAL IMPACT ON THE CITY BE REVIEWED BY =THE ' .
CITY' MANAGER WHO_ SHALL-• .MAKE . A WRITTEN
RECOMMENDATION TO THE CITY COMMISSION ON
' EACH; SUCH ITEM PRIOR TO ITS CONSIDERATION BY'
THE COMMISSION; CONTAINING A REPEALER'
PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE _DATE.
Said proposed ordinances may be inspected -by the public at the
Office of .the .City Clerk, 3500 Pan -American Drive, Miami- Florida,
Monday through Friday, excluding holidays, between the hours of 8
a.m. and 5 p.m.
All interested persons may appear at the meeting and be heard'with -
-respect to the proposed ordinances. Should any person desire to
appeal any decision of the City Commission with respect to any matter j
to be considered at this meeting, that person shall ensure that .a
verbatim record of the proceedings is made including all testimony and
evidence upon which any appeal may be based.
ctt 0 WALTER J. FOEMAN
rr = CITY CLERK
f E1A •
(#4790)