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Home My WebLink AboutR-98-0474J-98-563 5/12/98 RESOLUTION NO. " " - 474 A RESOLUTION APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION TO SERVE AS CHAIRPERSONS AND/OR MEMBERS ON VARIOUS CITY TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following members of the Miami City Commission are hereby appointed to serve as Chairpersons on the herein designated City trusts, authorities, boards, committees or agencies for terms ending May 31, 1999: Commissioner Humberto Hernandez Commissioner Wifredo Gort Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Arthur E. Teele, Jr. Commissioner Arthur E. Teele, Jr. Jobs and Education Partnership Regional Board Downtown Development Authority The Unity Council of Miami (TUCOM) Bayfront Park Management Trust International Trade Board Coconut Grove Standing Festival Committee Enterprise Zone Advisory Council OMNI Community Redevelopment Agency Southeast Overtown/Park West Community Redevelopment Agency CI1" �Cogoo=ON NWTDQ Of MAY 12W8 9 8 474 Section 2. The following members of the Miami City Commission are hereby appointed to serve as members on the herein designated City trusts, authorities, boards, commissions or agencies for terms ending May 31, 1999: APPOINTEES Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner J.L. Plummer, Jr. Commissioner J.L. Plummer, Jr. Commissioner J.L. Plummer, Jr Commissioner Tomas Regalado T 7GT/At7THORITY/AGENCY Dade League of Cities Metro -Dade Community Action Board Florida League of Cities South Florida Employment and Training Consortium Tourism Development Council (TDC) Dade County Visitors Industry Voluntary Educational Service Training Trust Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED 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 becomes effective with the elapse often (10) days fro the date of Commissicn action regarding same, without the Mayor a rcisin et ATTEST: Walter t!oOIA, City Clerk WALTER J. FOEMAN, TY CLERK i APPROVE, D AS PTO O,F1 AND CORRECTNESS: 82:BSS - 2 - 98- 4'74 CITY OF MIAMI, FLORIDA 20 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission I FROM4Walter an City Clerk DATE: March 27, 1998 FILE : SUBJECT: Term(s) Served by Elected Officials as Members of Authorities, Trusts, Boards, or Committees; Annual Review REFERENCES: ENCLOSURES: (report and Ord. 11564) In accordance with provisions of City Code Section 2-35, as amended by Ordinance 11564, ("Term of elected officials as members of any authority, board or committee; annual review"), the appointment of the Mayor and/or any City Commissioner currently a member of any authority, board or committee shall be reviewed annually by the City Commission, such review to take place on or before the anniversary date of such appointment. The above -cited Code section further states that Mayor and each Commissioner be considered for appointment before the Mayor or any one Commissioner shall have served a consecutive term; however, there shall be no prohibition against the Mayor or any Commissioner being reappointed to serve consecutive terms. Attached please find an updated 11s4 of (,4Iccted officials presently serving as a member of any authority/board/committee, as well as the term(s) of office presently being served by them. By copy of this memorandum to the City Manager, we are alerting the Manager that Code Section 2-35 requires him to place this issue for Commission consideration on a Commission meeting agenda prior to May 1, 1998. cc: Jose Garcia -Pedrosa, City Manager Vd2]<sl>hmx- pg. 1 9 V` 474 ELECTED OFFICIALS PRESENTLY SERVING AS MEMBERS OF BOARDS COMMISSIONER BOARD Commissioner Plummer, Bayfront Park Management Trust Chairperson History. Commissioner Plummer served as a member from 7-13-89 to 5-5-94. of rmer Commissioner Dawkins served as Chairperson from 5-5-94 to 6-1-95. Commissioner Plummer served as Chairperson from 6-1-95 to present. -------------------------------------------------------------------------------------------------------------------- COMMISSIONER BOARD Commissioner Regalado Coconut Grove Standing Festival Committee ex-officio, nonvoting member? Chairperson? RESOLUTION R 98-58 APPOI NTFn 1-13-98 ------------------------------------------- RESOLUTION APPOINTED EXPIRES 1-13-99 EXPIRES R 98-58 1-13-98 1-13-99 History: Commissioner Plummer served as chairperson of the Special Events in Coconut Grove Committee from 9-8-88 to 7-12-90. Said committee recommended the guidelines which were later formalized by Ordinance 10764, which created the Coconut Grove Standing Festival Committee. Ord. 10764 also provided one City Commissioner may be an ex-officio nonvoting member of said committee and Commissioner Plummer served in that capacity from 5-9-91 to November 1991. The position was vacant from November 1991 to May 7, 1997. Commissioner Regalado was appointed chairperson of said committee, but the Ordinance which created the committee provided for a Commission to sit as ex-officio nonvoting member. Ord. 10764 must be amended in order for Commissioner Regalado to serve as chairperson. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ COMMISSIONER BOARD RESOLUTION APPOINTED EXPIRES W Commissioner Gort, Downtown Development Authority R-98-58 1-13-98 1-13-99 00 Chairperson I History_: Former Mayor Suarez served as Chairperson from 11/13/85to 6/13/92. of rmer Commissioner De Yurre served as Chairperson from 6-13/92 to 5/31/93. µ�ab Commissioner Plummer served as Chairperson from 6-1-93 to 5-5-94. .,I Commissioner Gort served as Chairperson from 5-5-94 to present. Page 1 of 4 2/18/98 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- COMMISSIONER BOARD RESOLUTION APPOINTED Commissioner Teele, Enterprise Zone Advisory Council R-98-58 1-13-98 Chairperson COMMISSIONER BOARD RESOLUTION Commissioner Plummer, International Trade Board R 98-58 Chairperson Hi�stor./ Former Commissioner Dawkins served as Chairperson from 6-9-88 through 4-24-90 (when he resigned). Commissioner Plummer served as Chairperson from 6-7-90 through 5-31-93. Former Commissioner De Yurre served from 6-1-93 to the 5-31-95. Commissioner Plummer served from 6-1-95 to present. 1-13-98 EXPIRES 1-13-99 EXPIRES 1-13-99 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COMMISSIONER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BOARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION - - - - - - - - - - - - - - - - - - - - - - - - APPOINTED - - - - - - - - - - - - EXPIRES Commissioner Hernandez Jobs and Education Partnership Regional Board R 98-58 1-13-98 1-13-99 Hist_on Former Commissioner Dawkins served as member for "local elected official" seat from 4-25-96 until 11-21-96. U mmissioner Hernandez served from 11-21-96 to present. Page 2 of 4 2/18/98 R- COMMISSIONER BOARD Mayor Carollo, Chairperson Miami Sports And Exhibition Authority Commissioner Hernandez Histo Former Commissioner De Yurre served as Chairperson from 2-15-90 to 5-31-92. ormer Commissioner Dawkins served as Chairperson from 6-1-92 to 5-5-94. Commissioner Plummer served as Chairperson from 5-5-94 to 5-31-95. Former Commissioner De Yurre served as Chairperson from 6-1-95 to 12-6-95. Mayor Carollo served as Chairperson from 12-7-95 to 12-9-97. Former Mayor Suarez served as Chairperson from 12-9-97 to 12-30-97. Commissioner Teele served as Chairperson from 12-30-97 to 1-13-98. Former Mayor Suarez served as Chairperson from 1-13-98 to 3-4-98. Mayor Carollo served as Chairperson from 4-14-98 to present. COMMISSIONER BOARD Commissioner Teele, OMNI Community Redevelopment Agency (OMNI/CRA) Chairperson Histor (: Former Commissioner Dawkins served as chairperson from 5-11-95 to 9-12-96. Commissioner Hernandez served as chairperson from 2-20-97 to present. COMMISSIONER BOARD Commissioner Teele, Southeast Overtown/Park West Community Chairperson Redevelopment Agency (SOPW/CRA) History: Former Commissioner Dawkins served as chairperson from 5-11-95 to 9-12-96. omm ssioner Hernandez served as chairperson from 2-20-97 to present. ------------------------------------------------------------------------------------------------------------------------ COMMISSIONER BOARD Commissioner Plummer South Florida Employment and Training Consortium --------------------------------------------------------------------------------------------------- RESOLUTION APPOINTED Ord.11645 4/14/98 R 98-388 EXPIRES 1-13-99 ---------------------------------------------------------- RESOLUTION APPOINTED EXPIRES R 98-58 1-13-98 1-13-99 •--------------------------------------------------------- RESOLUTION APPOINTED EXPIRES R-98-58 1-13-98 1-13-99 RESOLUTION APPOINTED EXPIRES -- 98-58------------ 13-981-13-99 ---------------- ---- --------------- - - Page 3 of 4 2/18/98 COMMISSIONER Commissioner J.L. Plummer, Tax-exempt Property Steering Committee Jr., Chairperson R-97-326 5-7-97 EXPIRES 5-31-98 Histor' : For the first time on May 23, 1994, a Commissioner was appointed to the Tax-exempt Property Steering Committee. Commissioner Plummer served from 5-23-94 to the present. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ COMMISSIONER BOARD RESOLUTION APPOINTED EXPIRES Commissioner Gort The Unity Council of Miami (TUCOM) Chairperson History: Commissioner Gort served as Chairperson from 11-16-95 to present. --------------------------------------------------------------------------------------------------------- COMMISSIONER BOARD R-98-58 1-13-98 1-13-99 ---------------------------------------------------------------------------- RESOLUTION APPOINTED EXPIRES Commissioner Hernandez Metro Dade Community Action Board R-98-58 1-13-98 1-13-99 History: Former Commissioner Dawkins served as City representative from June 17, 1982 to September 12, 1996. Commissioner Hernandez served from March 27, 1997 to present. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- COMMISSIONER BOARD RESOLUTION APPOINTED EXPIRES .Commissioner Regalado Dade County Visitors Industry Voluntary Educational R 98-58 1-13-98 1-13-99 Qnr Service Training Trust I History: Commissioner Regalado and Former Commissioner Gibson were appointed on 9-9-97. Commissioner Regalado was reappointed on 1-13-98. Page 4 of 4 2/18�98 J-97-751 10/22/97 4:05 PM ORDINANCE NO. 11,564 AN EMERGENCY ORDINANCE RELATING TO IMPLEMENTATION OF CHARTER AMENDMENT NO. 1, BY AMENDING SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EFFECTUATE THE PROVISIONS REGARDING THE EXECUTIVE MAYOR AND SINGLE MEMBER DISTRICTS; MORE PARTICULARLY BY AMENDING CHAPTERS 1, 2, 4, 11, 14, 16, 18, 22, 23, 29, 35, 38, 40, 45, AND 46 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVE RABILITY CLAUSE; PROVIDING FOR AN ' EFFECTIVE DATE. WHEREAS, on September 4, 1997, Charter Amendment No. 1 was approved by the electorate of the City of Miami, Florida; and WHEREAS, Charter Amendment No. 1 created for the position of Executive Mayor and five single member districts on the City Commission; and WHEREAS, it is now necessary to amend the City Code to conform to the provisions of Charter Amendment No. 1; 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. By the adoption of this Ordinance, it is hereby intended that all sections of the Code of the City of 98-- 474 Miami, Florida, -as amended, affected by the adoption of Charter Amendment No. 1, shall be amended to conform to the provisions of said Charter Amendment. Any City Code Sections inadvertently omitted from this Ordinance shall be formally amended by Ordinance at a later date. Section 3. Chapter 1 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l' "Chapter 1 GIMRAL PROVISIONS Sec. 1-2. Definitions and rules of construction. The following rules of construction shall be observed for this Code and every other city ordinance, unless inconsistent with the manifest intent of the city commission or the context of this Code or other ordinance: Fe'—plIrg. • _ • • 11 - - • V - • • • 4 - 11 Section 4. Chapter 2 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:2/ 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 - 98 - 474 "Chapter 2 ADMINISTRATION ARTICLE II. Mayor and City Commission Sec. 2-31. Election and general powers. The_ - and city commission shall be elected as provided in section 4 of the city Charter and shall exercise the powers and duties prescribed in section 3 and other sections of the Charter. • t t t Sec. 2-33. Order of business and rules of procedure. (b) The first order of business shall be the approval of the minutes of the previous meeting. A copy of said minutes shall be distributed to the mayor and each of the commissioners prior to the meeting to enable *_he mayor anti each commissioner to review the contents thereof. (c) After approval of the minutes of the previous meeting(s), all business that shall come before the city commission shall be taken up in the order as such items of business appear on the city commission agenda in accordance with the following provisions: (1) The agenda shall be prepared by the city manager in an appropriate form approved, from time to time, by the city commission. Matters may be placed on the agenda by r_he prayer, any member of the city commission, the city manager, the city attorney and the city clerk. (2) Any citizen shall be entitled to be placed on the agenda of a regular meeting of the city commission for presentation of information and material to . be considered by the commission. Only the mayor. members of the city commission and the city manager may place a citizen on the agenda. Any citizen shall be entitled to speak on any matter appearing on the agenda under the agenda portions entitled "consent agenda," "public hearings," and "public discussion." 3 - 98- 474 (3) _ No citizen shall be entitled as a matter of right to address the city commission on any matter appearing on the agenda which is not scheduled for public hearing or public discussion or which does not appear thereon as a result of his or her placement, as described in paragraph (c)(2) hereof; citizens so desiring to speak shall be allowed to speak only if permitted to do so by the presiding nffirpr of the city commission and if such permission is not withdrawn by a majority of the commission members present. (d) A copy of requests, petitions and applications shall be placed before the mayor and each member of the city commission, supported by departmental memorandum and such information as may be necessary to enable the city commission to reach a decision. All such requests, petitions and applications, except in cases of extreme emergency, shall be in the hands of the city manager for a period of five days prior to a regular meeting, to enable the heads of the departments affected to prepare necessary memoranda, data or reports. (e) A copy of each resolution and ordinance shall be furnished the IDdyor and, members of the city commission five days before meeting, with h x a on 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 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. (f) All notices of all intentions to ask questions, together with a copy of such questions, shall be given to the city manager five days before each regular meeting:' In all questions of policy presented to the city commission by the the mayor the city manager or any departmental head, notice thereof, together with a copy of questions supported by memorandum setting forth the rules of action by the 4 - 98- 474 city commission, shall be filed three days before the meeting and given to the mayor and each member of the city commission. (g) All ordinances shall be read by title only prior to passage. All resolutions shall be briefly described upon a printed agenda, which agenda shall be furnished the mmaaver And members of the city commission five days before each city commission meeting. (h) Unless further time to speak is granted by the ehaiEVeLcseA presiding nf f ; r of the city commission, any person addressing the commission shall limit his or her address to two minutes. Sec. 2-34. Vice-m+ayerz Presiding officer, . FTUR7REWT-Tal.. . . - Sec. 2-35. Terms of eeemkissleserr elected afficials as members of any authority, board or committee; annual review. (a) In accordance with the provisions of law and with the provisions of this section, the appointment of the mayor a_ndler ary eae city commissioner currently serving as a member of any authority, board or committee created by resolution or ordinance shall be subject to the review of the city commission on an annual basis commencing June 1, 1990, such review to - 5 - take place on or before the anniversary date of such appointment. It is the intent of the city commission that * ayMand each commissioner be considered for appointment to an authority, board or committee before r_rp mayor my any one commissioner shall have served a consecutive term; however, there shall be no prohibition against o mayer nr any commissioner from being reappointed to serve consecutive terms. (b) The city clerk is hereby directed to take necessary steps to implement the provisions of paragraph (a) hereof by forthwith providing the mayor. city commission and city manager with information concerning the affected authority, boards or committees in regard to the length of past service by the mayor = those city commissioners so serving thereon. In each succeeding year and not later than 60 days before the first day of the month set forth in paragraph (a) above, the city manager shall present the mayor and city commission with a report on this subject for commission review and consideration at a city commission meeting scheduled to take place no later than 30 days before the f irst day of the month set forth in paragraph (a) above. - 6 - 98 - 474 IN _... .. . . Y• . ._ _•. - . ._ .Mr. r-T. oe or M194 9 8" 11 . - . _ . - . . • _ • - - .• . • - II . . • _ ... - - M• t _ • • II'll - • • ' • / • • - _ • • t • • - • - ra(eloi 11 - • t •1 1 M a t FE nz iFWe-Ts11M7-1s-T-71 6 M • - • MM 11 - • Ways _ - • ARTICLE III. Officers DIVISION 4. City Clerk Sec. 2-143. City archives and records management program. (c) Custodianship of public records. Custodianship of public records shall be the responsibility of the city clerk, and in this regard, the maintenance of such records shall be in the care of the city departments, for and city commission offices or the city clerk's office, depending on the life cycle of each document. Outgoing city officials or employees shall deliver all public records in their custody to their successors. Records not in current use shall be transferred to the city archives, and, upon acceptance, the archives shall be considered the legal custodial site of such records. (d) Duties of city officials and enpl oyees . it shall be the responsibility of a city employee, under the direct supervision of the city clerk, to administer the city archives and records management program. In this regard, the city clerk, among all other functions required for the proper and efficient management of the public records of the city, shall: - S - 98- 474 ( 3 ) Advise and assist city departments the may„nr and city commission offices in the preparation of records inventory and destruction schedules. * * * * # * (e) Duties of city departments, the may= and City commission offices. (1) Each city department, the mayMr and city commission offices shall create and maintain all of its records with adequate and proper documentation of its organization, policies, decisions, procedures, and essential transactions. (2) Each city department, the mayor and city commission offices, with the advice of the city clerk's office, shall establish and maintain an active, continuing program for the economical and efficient management of the records of the department. Such programs shall provide for: ARTICLE IV. DEPARTMENTS * t t * DIVISION 2. Planning, Building and zoning Department Sec. 2-205. Divisions of department; directors. (b) Under the supervision of the city manager, the director of the planning and zoning division shall be responsible for, among other things: * * t t * f (4) Conducting special surveys and studies and reporting thereon, at the direction of the mays city commission and the city manager. s - 9 - 98 - 474 DIVISION 12. Management and Budget Department Sec. 2-497. Same --Budget management section. Subject to the supervision and control of the director of the management and budget department, the assistant department director in charge of budget services shall provide the services of a budget office, which shall include the formulation, preparation and evaluation of the city budget; the provision of budgetary control through constant monitoring of current fiscal operations, and the forecasting of future fiscal operations for all funds; and the functions which shall include: expenditure control of the financial management information system; citywide position control; monitoring all legislation authorizing appropriations through its verification of the availability of funds; undertaking special fiscal management studies as requested by the mayor,city commission and/or by the city manager; and performing such allied duties and functions as the department director may specify. ARTICLE VI. Lobbyists * * t t t t • Sec. 2-653. Definitions. As used in this article: "Lobbyist" does not mean a person who merely appears before the mayor city commission, city board or committee, the city manager or city staff in an individual capacity for the purpose of self - representation to express support for or opposition to any ordinance, resolution, decision or action of the city commission; or any resolution, action, recommendation or decision of any city board or committee; or any action, decision or recommendation of the maynx,_ city manager or city staff. "Lobbyist" does not mean a person appearing solely to provide factual information requested by the mayor, a member of the city commission or a city board. * • s t � # - 10 - 98 - 474 Sec. 2-654. Registration; fee; disclosure requirements; log of- registered lobbyists; exemptions from payment of fee. (c) In addition, every registrant shall be required to state under oath the existence of any direct or indirect business association, partnership, or financial relationship with the mayor, any member of the city commission, any member of a city board, the city manager or a member of the city staff before whom he lobbies, or intends to lobby. (d) The city clerk shall maintain a log, which shall be updated on a quarterly basis by April 15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations filed in accordance with this section and shall be distributed to the mayor anI city commission. (e) Tho mays, all members of the city commission, of city boards, the city manager and city staff shall be diligent to ascertain that persons required to register pursuant to this section have complied, by requesting city boards the city manager and city staff may not knowingly permit a person who is not registered pursuant to this section to lobby.record of compliance from the city clerk. The mayar-,. members of the city commission, of city boards, the city manager and city staff may not knowingly permit a person who is not registered pursuant to this section to lobby. ARTICLE VII. Affirmative Action Policy # t t t t t Sec. 2-694. Duties and powers of officer. The duties, functions, powers, and responsibilities of the head of the affirmative action division of the department of internal audits and reviews shall include the following: # t t # t t - it - 98-- 474 (7) _Responsibility to make annual reports to the maynr, city manager and commission concerning the status of the affirmative action program, the enforcement of the provisions of this article and recommendations concerning methods by which to improve the affirmative action program. # t t ARTICLE IX. City -owned Property t Sec. 2-779. Property and asset review committee. (a) Establishment. There is hereby established a board to be known as the "City of Miami property and asset review committee" for the purpose of reviewing all properties and assets of the city and making specific recommendations and proposals to the malt= and city commission with respect to the current or future use and development of the city's properties and assets. ARTICLE XI. Boards, Committees, Commissions DIVISION 3. International Trade Board t * t # t t Sec. 2-922. Membership. t * t t r t (b) The board shall be constituted as follows: (1) Sixteen members for terms of office as provided herein. Such members may be reappointed for seven additional terms. One member of the city commission shall be the chairperson of the board and the 16th member thereof. The chairperson of the board shall have the power to appoint all members serving on the various committees which the board shall establish from time to time. Themayor and eaeh Bach city commissioner shall each have the right to nominate three persons to serve as board members. Members shall be eligible for reappointment as provided 12 - 98- 474 herein. The terms of office for these members shall be for periods of one year -or until the nominating commissioner leaves office, whichever occurs first. No member shall be eligible for reappointment if such reappointment results in the member serving for more than eight consecutive years. DIVISION 4. Audit Advisory Committee Sec. 2-946. Created; number of members; function. A Miami audit advisory committee is hereby created consisting of five persons. The basic function of the committee is to assist the maynr-,. city commission and the city manager in fulfilling their fiduciary responsibilities relating to accounting, auditing and financial reporting. The committee shall: Sec. 2-948. Organization (b) The committee shall elect its own chairperson who shall: t s t t t (3) Be responsible that the notes of all meetings are forwarded to the maynr, the city commission and the city manager in a timely fashion. Sec. 2-950. Duties. The duties of the committee shall include but not be limited to: (1) Recommending to the ma�tnr an I city commission specifications and performance standards to be utilized in issuing invitations to qualified independent auditors to perform annual independent audit services for the city. t * t t t 13 - 98 - 474 DIVISION S. Affirmative Action Advisory Board Sec. 2-982. Duties generally. The board shall provide advice and recommendations regarding affirmative action. The director or his or her designee shall represent the city manager in all matters of affirmative action and shall provide all staff support to the board. With the assistance of the director, the board shall perform the following duties and functions: (1) Review and recommend to the der anI the city commission the adoption of amendments and revisions to the -city's affirmative action program plan, for meeting present and possible future requirements. (4 ) Recommend to the maser and city commission ordinances, resolutions, and other proposals relating to the affirmative action program. (5) Serve with the director and the personnel management department as an instrument for informing the maymr., city commission, city departments and agendies and the public of the continuing affirmative action program and its purposes. (6) Make recommendations or reports to the mays and city commission directly as deemed appropriate by the board. # •t t • t - t DIVISION 6. Sports and Exhibition Authority Sec. 2-1013. Governing body. (a) Composition. The authority shall consist of five (5) voting members to be appointed by the city commission, one of whom shall be a city commissioner appointed by the city commission as an ex officio member and the chairperson thereof. The sayer an eRach city commissioner, except for the city commissioner appointed as chairperson, shall nominate one (1) member. 14 - 98- 474 Sec. 2-1015. General powers and responsibilities of the director. (b) Subject to the policy directives of the authority, the director shall have general supervision over and be responsible for the operation and maintenance of all authority properties, activities, and facilities., The director sha11 attend all meetings of the authority, shall furnish the authority the mayor and the city commission a monthly report with respect to the operation, maintenance and financial condition of the authority, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to said authority as may be required by the authority. In the event that the director shall for any reason be temporarily incapable of exercising the powers and performing the duties and functions of this office, the deputy director of the authority as so designated by the director shall perform as acting director and shall exercise such powers and perform such functions and duties of the director until such incapacity of the director shall be terminated. Section S. Chapter 4 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars3/: "Chapter 4 ALCOHOLIC BEVERAGES ARTICLE I. In General Sec. 4-5. Prohibiting sales, etc., during emergency. Whenever, in the opinion and judgment -of the e"y vkamageLc m y=, a public emergency shall be created or exist in the city, causing or tending to cause public disorder, lawbreaking and confusion, the city manager is hereby authorized and empowered to prohibit, by and 8 - 474 through the issuance of his official decree, the sale, serving or consumption of beer, wine, spirituous and other intoxicating liquors and beverages for and during a period of 24 hours or such longer period of time as may be described in such decree, at all commercial establishments and at all other places in the city where such beer, wine, spirituous and all other intoxicating liquors and beverages are licensed to be sold, served or otherwise dispensed. In the issuance of such decree, the city manager shall have the fact of the issuance and the contents of such decree broadcast by police and by commercial radio stations and otherwise given publicity as quickly and as widely as shall be feasible. It is hereby declared to be illegal for any person operating, employed at or otherwise controlling any of the commercial establishments or other places described in this section to sell, serve or permit the consumption on the premises of beer, wine, spirituous and all other intoxicating liquors and beverages during the period described in the decree of the city manager provided for in this section. Each violation of, or noncompliance with, any of the provisions of this section shall constitute a separate offense, and shall subject every person guilty thereof to the penalty prescribed in section 1-13. t t • t ,r ,r " Section 6. Chapter it of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars4/: "Chapter 11 CABLE TELEVISION ARTICLE I. In General Sec. 11-2. Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in a - 16 - 98- 474 singular number include the plural number. The word "shall" is always mandatory and not merely -directory. ARTICLE II. Licenture Sec. 11-61. Procedure to consider license renewals. (a) Not less than 36.months before the expiration of any cable television license, the city commission may, itself or through the mayor or rha city manager, review the performance of a licensee and the content of the cable television ordinance. (b) After giving public notice, the manr, the city commission or city manager shall proceed to determine whether the licensee has satisfactorily performed its obligations under the license. To determine satisfactory performance, the city commission or city manager shall look at the technical developments and performance of the system, programming, other services offered, cost of service, and any other particular requirement set forth in the ordinance, such as the availability of programming equipment and personnel to aid access channel users. The mayor- the city commission or city manager shall also consider the licensee's annual reports made to the city or the FCC. Provision shall be made for community comment on all areas of performance by the licensee. (c) A four -month period shall be provided to determine the licensee's eligibility for renewal. (d) The IDay^ anti the city manager shall prepare any proposed amendments to the license ordinance. (e) The IDayor and the city manager shall submit recommendations to the city commission in regard to: (1) Renewal of the license; (2) Changes to the license; and (3) Amendments to the license ordinance. (f) If the city commission finds the licensee's performance satisfactory, a new license may be granted. - 17 - 98- 474 (g) In the event a licensee is determined by the city commission to have performed unsatisfactorily, new applicants may be sought and these applicants evaluated by tho maynr, the city manager and a license award made by the city commission according to cable television licensing procedures adopted by the city commission. * + * ,. Section 7. Chapter 14 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particularsa/: "Chapter 14 DOWNTOWN DEVELOPMENT t t t t ARTICLE II. Downtown District DIVISION 2. Downtown Development Authority Sec. 14-52. Downtown development authority board -- Composition; appointment and terms of office of members and executive board; filling of vacancies. (b) The board shall be constituted as follows: (2) The sayeF and the city commissioners shall each nominate two members. * t t t s # s/ Ibid . (7) In the event a nominee provided for under subsection (b)(4) or (5) above is rejected by the city commission, or in the event the board of county commissioners or cabinet of the state fails to nominate such member within 30 days from the effective date of this section,l+ the myee bid shall recommend additional nominees until one is approved and appointed by the city commission to fill such vacancy, in the case of the two - 18 - 98- 474 additional original nominees only; thereafter, after the appointment of the first two additional members, the board shall nominate a successor, in the manner provided in this section. ;a -amEAt ippLceved and appeinted by the Sec. 14-57. Same --Additional powers and duties. In addition and supplemental to the powers provided in section 14-56, the authority acting through its board, subject to the approval of the commission of the city as hereinafter set forth, shall have the right, power and authority to: (3) Improve land, construct, reconstruct, equip, improve, maintain, repair and operate office buildings and any necessary or desirable appurtenances thereto, within the boundaries of the authority for the housing in whole or in part of federal, state, county or municipal governmental entities or any agencies thereof or any other person or corporation or any combination of the foregoing (each such office building being herein called a "project"), subject to the need and plan therefor being first presented to the ma -tar an I commission of the city and its approval evidenced by the adoption of an appropriate resolution. (4) Fix, charge and collect fees, rents and charges for the use of any project or any part thereof or any facilities furnished thereby, or property under its control and to pledge such revenue to the payment of revenue bonds issued by it, subject to the need and plan therefor being first presented to the Meer and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (5) Lease as lessor any project, projects or property under its control or any part thereof and charge rentals for the use thereof sufficient with any other available - 19 - 98 - 474 revenues to pay the principal _of and the interest on the revenue bonds issued to pay the cost of any such project or projects, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. # * t # f f Sec. 14-58. Employees generally. The board shall employ and fix the compensation, subject to the approval of the city commission, of the following who shall serve at the pleasure of the board: (1) A director, who shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be eligible to hold the position of director. Before entering upon the duties of his office, the director shall take and subscribe to the oath and furnish bond as required of members of the board. He shall be the chief executive officer of the downtown development authority and shall devote his entire time and attention to the duties of his office. He shall not while serving as director engage in any other business or profession. Subject to the approval of the board, and direction by it when necessary, he shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized in this article. He shall attend all meetings of the board and shall render to the board the mayor and to the city commission a monthly report covering the activities and financial condition of the authority. In the absence or disability of the director, the board may designate a qualified person to perform the duties of the office as acting director. The director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require. 20 -•��■. 98- 474 ARTICLE III. Gusman Center for the Performing Arts Sec. 14-91. Administration. (b) Administration of said facility shall include, but not be limited to, the following: (6) Make periodic reports to the der anI city commission which shall reflect the financial condition of the operation of the facility. Section 8. Chapter 16 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:ELI "Chapter 16 ELECTIONS t t t t t # Sec. 16-2. Same --Holding of city elections; straw ballot. (a) The city commission shall, not less than 45 days prior to the proposed date of any municipal election, adopt a resolution setting forth the following: (1) The date upon which such election is to be held. (2) The purpose of such election. (3) The list of polling places in the several precincts. (4) The names of those persons designated and assigned to serve as clerks of election and as inspectors of election; provided that the city commission may omit such names from such resolution and include them in a resolution to be adopted later in accordance with the general election laws of the state. a/ Ibid. - 21 - 98- 474 (5) The form of ballot to be used in such election (except absentee ballots), prepared in compliance with all statutory requirements relating to the use of mechanical voting machines. The city commission shall further authorize and direct the city clerk to give notice of the adoption of such resolution and of the provisions thereof, by and through the publication of an appropriate advertisement in two daily newspapers of general circulation in the city at least 15 days before the day upon which such municipal election is to be held. In the event that any polling place designated in the resolution shall become unavailable for use as such, the city clerk shall designate another polling place within the same precinct for holding the election and shall thereafter report his action to t-he--elt-y eenwAsslen at its at the next regular city eman;ssion meeting by filing a certificate with the ma- I city commission setting forth the details of the change and the reasons therefor. Sec. 16-6. Candidate qualifications; affidavit, and form thereof, required of candidates for office of commissioner or mayor; finding candidate unqualified; failure to submit affidavit; authorization for city clerk to pursue judicial declaration. (a) A candidate for the office of mayor shall+ 111 possess the qualifications requisite to an elector at a general state electionT� and shall 121 have resided within the city ��oi� Y�VssCiie ae*t pFe'eedl'ay the ei-j rlaetl as in ish he—effers toygEe at least one m year prior to coal ; ying for the of f�; 141 have been registered by the city registration books that have been prescribed by ordinance;;. and shall - 22 _ i 98- 474 15.1 be a qualified elector of the city as set forth in section 8 of the Charter of the city. abavelp but jat reside in the cListrict that' rp elected re represent within t, hree l31 nthe after the RI tart ion_ (Jac) Candidates for nomination and election to the office of commissioner or mayor shall file with the city clerk, on a form submitted by the clerk, a sworn statement in the following form containing the following information: AFFIDAVIT OF CANDIDATE CITY OF MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE CITY OF Mimi (hereinafter "affiant"), being first duly sworn, deposes and says: - 23 - 98- 474 1. My name is 2. I am offering myself as a candidate for the office of of the City of Miami, Florida, in group 3. I have resided in the City of Miami for a minimum of si* fReathe_--eext preeeda$ the date ef the €eFtheemiy eity=___t__-- one yp_ar t, fo -i thp diRtrirtif applying for co igsinn and I am a registered voter and a duly qualified elector of the City of Miami, Florida, presently registered to vote in precinct no. I presently reside at the following address (muses include Zip code), , which is my legal address, and I have resided continually at said address from the day of to the day of 4. Immediately prior to residing at the above -stated address, I have resided at the hereinbelow listed addresses for the cited periods of time: (List hereinbelow all addresses at which you have resided for the past five years, as well as the length of time at each address.) S. In addition to the residence I have listed as my present address I also reside at the following listed addresses on a temporary basis as a secondary domicile or domiciles. 6. Affiant's spouse resides at the following address: (Must include city, state and zip code.) - 24 - 9 = 474 7. Affiant's minor children reside at the following address: (Must include city, state and zip code.) 8. At the present time, affiant (is) (is not) registered to vote in any city, county or state other than as stipulated in subparagraph 3, above. 9. Name and business address of affiant's employer: 10. Affiant's occupation: Affiant's business telephone number(s): 11. Affiant has been employed in the above -cited capacity for the following period of time: (Note: In the event the occupation of affiant has been for a period of less than one year, or the employment period with the same employer has been for a period of less than one year, affiant shall give the names) and addresses) of his/her employers) and occupations) for the period of one year prior to the date of this affidavit.) 12. Affiant represents that he/she (is) (is not) currently holding another elective or appointive office --whether city, county or municipal --the term of which or any part thereof runs concurrently with that of the office he/she seeks, and that he/she has resigned from any office from which he/she is required to resign pursuant to F.S. § 99.012 and/or the City of Miami Charter. 13. Affiant represents that, as of this date, he/she (is) (is not) an employee of the City of Miami, Florida. - 25 - (Note: If affiant is an employee (other than city manager, city attorney or city clerk), affiant shall take a leave of absence, without pay, from his/her employment during the period in which affiant is seeking election to public office.) 14. Affiant's campaign headquarters address and telephone number: Affiant's campaign treasurer's name: Affiant's campaign treasurer's address: Telephone nos.: (work) (home) 15. Affiant represents that, if elected, he/she shall serve in the elective office to which he/she seeks election. 16. Following is the exact way in which of f iant would like to have his/her name printed on the official ballot: SIGNED THIS day of 19 , in Miami, Florida. Af f iant BEFORE MB, the undersigned authority, appeared , who, after first sworn, deposes and states that executed the foregoing to the best of knowledge and belief. CITY CLERK, CITY OF MIAMI, FLORIDA (SEAL) Did take an oath Produced identification personally being duly Type of identification produced: " - 26 - AA- 474 (ed) In the event the commission finds that any candidate for the office of mayor or commissioner does not meet the qualifications of an elector as required under the Charter of the city or of this section, the commission may adopt a resolution so finding and directing the city clerk to refrain from placing the name of the candidate for mayor or commissioner, as the case may be, on the ensuing ballot for such office. In the event the name of the candidate has already been placed on the ballot, then the clerk shall be instructed to take the necessary action to either remove the name from the ballot or lock the key for that particular candidate in order that the electorate shall not be permitted to vote on an unqualified candidate for the office of mayor or commissioner. Nothing herein contained shall prohibit the candidate who is found to be unqualified for the office of mayor or commissioner from appealing the decision of the commission to a court of appropriate jurisdiction. (de) The city clerk shall not accept a qualifying fee from any candidate who fails to submit to the clerk, either prior to or simultaneously with the submission of the qualifying fee, the affidavit fully completed as required by subsection (b) hereof. (ef) If the city clerk finds: (1) That the qualification papers of a candidate, on their face, are not in compliance with the applicable elections laws of the State of Florida and in compliance with the applicable municipal charter or laws or ordinances; (2) That the qualification papers of any candidate, on their face, are incomplete or defective, and are incomplete or defective at the end of the qualifying period; (3) That the qualification fee has not been paid in accordance with law; (4) That a sworn written statement is or has been filed by a qualified elector residing within the municipality challenging the qualifications of a candidate for municipal office; or (5) That the city clerk has received written notification from the Dade County Supervisor of Elections that a candidate is not an elector of the City of Miami; - 27 - 98 - 474 the city - clerk is hereby authorized and -directed to file and prosecute an appropriate action in the circuit court for Dade County, in the name of the city clerk, solely for the purpose of receiving a .judicial determination with regard to the qualifications of the candidate. In the event the circuit court rules for the city clerk, the city clerk is directed to take the necessary action to remove the name from the ballot or notify the voting public of the candidate's invalidity if such removal is impracticable." Section 9. Chapter 18 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:Z/ "Chapter 18 FINANCE ARTICLE I. In General * t � t • t Sec. 18-5. Budget and finances review committee. (a) Establishment. There is hereby established a board to be known as the "City of Miami budget and finances review committee" for the purpose of providing an independent assessment concerning the city's budget and finances and making recommendations to the mayor, city manager and the city commission on all issues related to the city's budget, cost effectiveness, productivity and efficiency. ARTICLE III. Purchasing and Contracts Generally Sec. 18-72. Chief procurement officer. The city manager shall designate a chief procurement officer who shall have central authority over implementation of policies, procedures, regulations and forms governing city contracting methods and procedures; types of contracts; qualifications and duties; inspections and audits; disputes and remedies; ethics; and public access and information as set forth in articles III, regarding 28 - 98- 474 purchasing and contracts, realty, of this chapter. and V, regarding sale of (1) The chief procurement officer shall submit an annual report on the operation of the city Is procurement system to the m e I city manager, together with recommendations for its improvement. Section 10. Chapter 22 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:A/ "Chapter 22 GARBAGE AND OTHER SOLID WASTE ARTICLE I. In General t f * # t # Sec. 22-13. Emergency powers of the director. Tn the avant of a state of amarga_nny declared by tha mays, in accerdanea w h f-his prev?9iens of tha rharrai, T-the director, with the concurrence of the city manager, shall have the authority to suspend, modify or expand services provided by the department, as enumerated herein, in such emergency circumstances as national disasters, civil disorders or other circumstances as directed by the city manager. Section 11. Chapter 23 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:s/ 8� Ibid . 3� Ibid . "Chapter 23 HISTORIC PRESERVATION * t t t - 29 A _ 9�- Sec. 23-4. Designation of historic sites, historic districts, and archeological zones. (b) Procedures for designation. Properties which meet the criteria set forth in subsection (a) may be designated as historic sites, historic districts, and archeological zones according to the following procedures: (1) Proposals and preliminary evaluation. Proposals for designation may be made to the board by any one of its members, thamayor• the city commission, the planning, building and zoning department, any other city department, agency, or board, the Metropolitan Dade County historic preservation board, or any interested citizen. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in subsection (a); and shall, if appropriate, direct the planning, building and zoning department to prepare a designation report. The board may require the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees. Section 12. Chapter 29 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:la/ "Chapter 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE IV. Waterfront Advisory Board * t s * s t Sec. 29-123. Composition; terms; appointment; removal. (c) commissioner shall each make two nominations of=individuals to serve members of the board. 'a' Ibid. - 30 - 98- 474 Section 13. Chapter 35 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars : u/ "Chapter 35 MOTOR VEHICLES AND TRAFFIC ARTICLE V. Coconut Grove Parking Improvement Trust Fund Sec. 35-223. Coconut Grove parking advisory committee established; membership terms. (a) A Coconut Grove parking advisory committee of nine members shall be established by the city commission to advise and recommend appropriate expenditures from the Trust Fund to the director of the off-street parking department. The department of off- street parking shall provide staff services as required. Appointments shall be made as follows: (96) 94wee membefs--seleeted fir--Ishe mayeLm €Femme the-Geeeeat Grove Cham eN e€-EemseEee; (41) Four members recommended by the Coconut Grove village council; (42) One member recommended by the off-street parking authority; and (43) Enirr One members appointed by the city commission. Section 14. Chapter 38 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:12/ 11� Ibid. Ibid. 31 - 98- 474 "Chapter 38 PARKS AND RECREATION ARTICLE III. Bayfront Park Management Trust Sec. 38-103. Governing body. (a) Composition; appointments; term of office. (1) The trust shall consist of nine members appointed by the city commission. A member of the city commission shall be the chairperson of the trust and the ninth member thereof; five members shall be nominated individually, see by the mayeE one each by the city commissioners and four members shall be appointed at large by the city commission. Each member of the trust shall reside, work, own real property or own a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community. The chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time. Sec. 38-111. Annual report and audit. (a) The trust shall submit to the i I city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. Section 15. Chapter 40 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars'll : 11/ Ibid. "Chapter 40 PERSONNEL ARTICLE IV. Pension and Retirement Plan 32 - 9 O — `# fig_ AP rA DIVISION 2. City of Miami Firefighters' and Police Officers' Retirement Trust Sec. 40-193. Board of trustees. (a) Selection. (1) The board of trustees of the retirement system shall consist of nine persons selected as follows: a. One trustee selected by the city manager, which trustee shall not be the may=,,. a city commissioner, the city manager, the city finance director, or an assistant finance director; DIVISION 3. City of Miami General Employees' and Sanitation Employees' Retirement Trust Sec. 40-243. Board of trustees. (a) Selection. (1) The board of trustees of the retirement system shall consist of nine persons selected as follows: a. One trustee selected by the city manager, which trustee shall not be the mays a city commissioner, _the city manager, the city finance director, or an assistant finance director; DIVISION 4. City of Miami Elected Officers' Retirement Trust Sec. 40-291. Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as used in this division shall have the following meaning: - 33 - 98— 474�'& %fflqa'4'. Elected officer shall mean the mayor nr a commissioner as elected in accordance with section 4(b) of the Charter of the city as it now exists or as it may hereafter be amended. Retirement shall mean a eeRwilesienev an individual who no longer serves as a eity esawAssiener in the cd an city of an R7prrPtl Offirpr. Service shall mean an eleeted leer individual who has been -a-eserved frer. a teal peFle� of ten years or more in the calla irM of an R7 d Officer, Sec. 40-296. Benefits. Any Elected Officer as herrels defined, who has been an Elected Officer for a period of ten years or more and who no longer serves as a--ei-by an 7eeted Offi r shall be entitled during the remainder of his/her natural life to a sum equal to one-half of his/her W-2 wages for the highest of the last three years of service of his/her term of office and a single sum death benefit fully vested at date of death. Upon vesting and each year thereafter of service as a elty esswAssleser an E7 acted Officer, the retirement allowance shall increase by five percent for each year of service to a maximum of 100 percent of the highest W-2 wages. Section 16. Chapter 45 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:IA/ 11/ Ibid. "Chapter 45 PUBLIC ORDER - 34 - 98- 474 Sec. 45-2. Declaration of state of emergency by the Whenever the __t ...anager IDaxnr determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof , there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to health, safety, welfare or protection of persons, or damage to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, he may declare that a state of emergency exists within the city or any part or parts thereof in a nnrdanr+o with rho provininna of the i tl _rhart-pr. Sec. 45-3. Emergency measures --Effect of declaration of emergency. Whenever the eity masayev mays= declares that a state of emergency exists, in ae o anna wi ht-his provisions of tho rit-yY Martar, the emergency measures provided in section 45-4 shall thereupon be in effect during the period of such emergency and throughout the city, and the city manager may order and promulgate all or any of the emergency measures provided in section 45-4, in whole or in part, and with such limitations and conditions as he may deem appropriate, and any such emergency measure so ordered and promulgated shall thereupon be in effect during the period of such emergency, and in the area or areas for which the emergency has been declared. Upon the declaration of an emergency by the city manager, as soon as practicable, the commission shall immediately convene for the purpose of determining whether or not an emergency does exist. Their finding in the matter shall be conclusive. Upon finding that no emergency does in fact exist, this chapter shall not be operative. Sec. 45-6. Duration and termination of state of emergency. A state of emergency established under this chapter shall commence upon the declaration thereof by the eity manager maymr 'as set forth in section 45-2 and shall terminate at the end of 72 hours unless prior to the end of such 72-hour period the city commission shall, by resolution, terminate such state of emergency or shall declare an additional period of time for which - 35 - ' 9 8 - 44 ' '7 r3'"mw the state of emergency shall exist. If the city commission fails to extend the state of emergency, the state of emergency is terminated." Section 17. Chapter 46 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:la/ "Chapter 46 PUBLIC NUISANCE Sec. 46-2. Nuisance abatement board. (a) Created; membership; terms; vacancies; compensation. (1) The nuisance abatement board of the city is hereby created to serve as a quasijudicial forum in which controversies over the existence of public nuisances may be resolved in the public interest with due process of law. This board shall consist of five individuals who reside, own real property or maintain a business office within the City of Miami and who are appointed by the city commission. All members shall serve a term of one year or until the nominating commissioner leaves office, whichever occurs first. The Sach city commissioner shall eaei� nominate one member for appointment to the board. Any member may be reappointed by the city commission for not more than six consecutive terms. Appointments to fill a vacancy shall be for the remainder of the unexpired term. Section 18. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 151 Ibid . - 36 - 98- 474 Section 19. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 20. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs. Section. 21. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 22. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 28th day of October , 1997. ATTES : WALTER J. EMAN CITY CLERK e011 JOB CARD , MAYOR �2 - 37 - 98- 474 APPROVED AS TO -FORM AND CORRECTNESS: A. QUINN J , I I I CITY ATT W379:BSS - 38 - 98- 474