HomeMy WebLinkAboutO-11564J=97-751
10/22/97
4:05 PM
ORDINANCE NO.
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
SEVERABILITY 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
1 1 -6 '4
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:1'
"Chapter 1
GENERAL 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:
Ma=r_ Whenever
bp construed to
fbe
term
"Mayor"
is
used,
it shall
mean the
Mayor
of
the
City of
Miami_
Section 4. 1 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.
Ibid.
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"Chapter 2
ADMINISTRATION
ARTICLE II. Mayor and City Commission
Sec. 2-31. Election and general powers.
The mayor 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.
Sec. 2-33.
Order of
procedure.
business and rules
of
(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 the mayor and 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 the mayoor-, 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."
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(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 off; 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 mayor and members of the city
commission five days before meeting, with' h except'
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
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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 mayor_ and members of the city commission
five days before each city commission meeting.
(h) Unless further time to speak is granted by
the ehairpersen presiding officer of the city
commission, any person addressing the commission shall
limit his or her address to two minutes.
Sec. 2-34 . `_ iee
___ _ ping Off; cer.
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f
,b d F- f he 1yer /�eyr
�i�11 e1 '-CISe-��91� �ey Q1Z7TG�7ZG��-o1 GC1Z�.L�al
the Gharter—this Gede-ex ether'erdinanees ewe
elty shall be perfermed by the vie
the abeene-e-er-disability of he mayer-.-
Sec. 2-35. Terma of elected _officials
as membera 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 and/or any eaeh 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
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11564
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take place on or before the anniversary date of such
appointment. It is the intent of the city commission
that the mayor and each commissioner be considered for
appointment to an authority, board or committee 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 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 or
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 first day of the month set
forth in paragraph (a) above.
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- 7 - 11564
El
u• r. r- • • r.r - • •r •
ii• •r "* .••• -• . r• .- •ii- - - -
r• r .r• r• r- - • • r- u. • •
move
that rthe p-ling- item in thL-
budgetl
be - • -. to r- • • r.r - .r•
•- .u-
the Mayor-"
effective notwithstanding the veto of
• • r o•Mraissiimexs
• - -r • - in favor of - • •r • • - de --a
maynral vpfn as provided in- •r .•• - r-
commission •r r •�.- .r r. be •--��-• -r. -•
nr adopted and effee in • •.r - r -au
otherwise, r- mayoral veto shall b- •--m-• r-•
Sec. 2-143.
ARTICLE III. Officers
DIVISION 4. City Clerk
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, mayor 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 employees. 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:
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(3) Advise and assist city departments the mayor
and city commission offices in the
preparation of records inventory and
destruction schedules.
(e) Duties of city departments, the mays and
city commission offices.
(1) Each city department, the mayor 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 office,, 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
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:
(4) Conducting special surveys and studies and
reporting thereon, at the direction of the
mayor, city commission and the city manager.
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•
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.
Sec. 2-653.
ARTICLE VI.
Definitions.
As used in this article:
Lobbyists
"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 mayor, city manager or city staff.
"Lobbyist" does not mean a person appearing solely
to provide factual information requested by the mayoi�,,'
a member of the. city commission or a city board. .
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•
•
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 mayoor, 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 and city commission.
(e) The mayor, 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 mayor, 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
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:
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(7) Responsibility to make annual reports to the
mayor_ 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.
ARTICLE IX. City -owned Property
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 m.a)ror
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
Sec. 2-922. Membership.
(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. The mayer
any-eaeh Each city commissioner shall each
have the right to nominate three persons to
serve as board members. Members shall be
eligible for reappointment as provided
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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 mayoor, 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:
(3) Be responsible that the notes of all
meetings are forwarded to the mayor, 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 mayor and 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.
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DIVISION 5. 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 mayor and 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 mayor 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 mayoor, city commission, city
departments and agencies and the public of
the continuing affirmative action program and
its purposes.
(6) Make recommendations or reports to the mayor
and city commission directly as deemed
appropriate by the board.
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 mayer an
eEach city commissioner, except for the city
commissioner appointed as chairperson, shall nominate
one (1) member.
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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 shall 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 5. Chapter 4 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
particulars,-/ :
"Chapter 4
ALCOHOLIC BEVERAGES
ARTICLE I. In General
Sec. 4-5. Prohibiting sales, etc., during emergency.
Whenever, in the opinion and judgment of the ei-t-y
der mayor, 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
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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.
Section 6. Chapter 11 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
I/ Ibid. 115 6 4
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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 the city manager,
review the performance of a licensee and the content of
the cable television ordinance.
(b) After giving public notice, the mayor, 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 mayor, and the city manager shall prepare
any proposed amendments to the license ordinance.
(e) The mayor 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.
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(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 the mayor, 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
* * * *
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 ma er—and the city commissioners shall
each nominate two members.
* * * * * *
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 mayor board shall
recommend additional nominees until one is
approved and appointed by the city commission
to fill such vacancy, in the case of the two
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f1564
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. in the event the fnaver €ate
until ene is appreved—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 mayor and 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
mayor 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
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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.
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.
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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 mayor and 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:��
"Chapter 16
ELECTIONS
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:
Ibid.
(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.
- 21 - 11564
(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 te the eity eeafflissien at its at the
next regular city commission meeting by filing a
certificate with the mayor and 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 eet ssi 3ner— =r
mayor shall-L
111 possess the qualifications requisite to
an elector at a general state election?-;-
na shall
1.2L have resided within the city rem—si
months next preeeding the __ty e ee = -
-1
in which he offers to vete at least on
(1) year prior to qualifying for the
office:
(3) be required to maintain an actual and
real residence for the duration of hi_s
term of office in the city; and shal-_
141 have been registered by the city
registration books that have been
prescribed by ordinances-;- and shall
- 22 -
11564
1-1 be a qualified elector of the city as
set forth in section 8 of the Charter of
the city.
(b-.) Candidates for nomination and
office of commissioner or mayor shall
city clerk, on a form submitted by the
statement in the following form
following information:
AFFIDAVIT OF CANDIDATE
CITY OF MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
CITY OF MIAMI
election to the
file with the
clerk, a sworn
containing the
(hereinafter "affiant"), being first
duly sworn, deposes and says:
- 23 -
11,
•
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 SiN menthe neXt i9=eeedine the Elate ef the
t1_-►_e di_stri ct i f applying for commission 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 (must
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.)
5. 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.)
11564
- 24 -
F9
L-J
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 name(s) and address(es) of his/her
employer(s) and occupation(s) 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 - 11564
(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 affiant would
like to have his/her name printed on the official
ballot:
SIGNED THIS day of 19
in Miami, Florida.
Af f iant
BEFORE ME, the undersigned authority, personally
appeared , who, after first being, duly
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
Type of identification produced: "
- 26 - 11564
(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 - 11564
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
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 mayoor,
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
3-1 Ibid.
- 28 - 11564
purchasing and contracts, and V, regarding sale of
realty, of this chapter.
(1) The chief procurement officer shall submit an
annual report on the operation of the city's
procurement system to- the mayor and city
manager, together with recommendations for
its improvement.
* * * * * * if
Section 10. Chapter 22 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
particulars : R/
"Chapter 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE I. In General
* * * * * *
Sec. 22-13. Emergency powers of the director.
Tn the eventof a state of emergency derlarpd by
the mayor, in accordance with the provisions of the
Charter. Tthe 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:-q/
"Chapter 23
HISTORIC PRESERVATION
* * * * * *
Ibid.
Ibid.
- 29 - 11564
0
•
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, the mayor,
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:1-a/
"Chapter 29
LANDFILLS AND WATERFRONT IMPROVEMENTS
ARTICLE IV. Waterfront Advisory Board
Sec. 29-123. Composition; terms; appointment;
removal.
(c) The mayor commissioner shall each
make two nominations of individuals to serve members of
the board.
'0/ Ibid .
- 30 - 11564
* * * * * * if
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:
(I) Three enberase-leeted—bythe —mayerfrem a
list of at least seven eandidat__ rre e_e by
the GeeeGreve Ghafab er—e�ommere-e ;
(,'I) Four members recommended by the Coconut Grove
village council;
(421) One member recommended by the off-street
parking authority; and
(4.3_) Four ene membera 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:IZ/
11/ Ibid .
12-1 Ibid.
- 31 - 11564
"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,
ene by an 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 mayor and city
commission an annual report and an annual audit. The
audit shall be performed by an external auditor who is
a certified public accountant.
* * * * * * if
Section 15. Chapter 40 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the .following
particularsia/:
"/ Ibid.
"Chapter 40
PERSONNEL
* * * *
ARTICLE IV. Pension and Retirement Plan
- 32 - I1564
0
0 . 0
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
mayor, 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
mayor, 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:
tit=
I1564
•
Elected officer shall mean the mayor or 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 __ ________r an individual
who no longer serves as a eity eemmissien in the
capacity of an Elected Officer.
Service shall mean an elected—effiee-r- individual
who has been iener served f-er a total peed
of ten years or more in the capacity of an Elected
Officer,
Sec. 40-296. Benefits.
Any Elected Officer as herein defined—, who has
been a ^______-____--_r an Elected Officer for a period of
ten years or more and who no longer serves as a—eity
an _Elected Officer 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 an Elected nffirpr, 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:14/
Ibid.
"Chapter 45
PUBLIC ORDER
- 34 - - I1564
n
Sec. 45-2. Declaration of state of emergency by the
mayor eity manager.
Whenever the eity manager mayor 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 accordancP with h provisions of the
city Charter.
Sec. 45-3. Emergency measures --Effect of
declaration of emergency.
Whenever the eity manager mayor declares that a
state of emergency exists, in accordance with the
provisions of the city Charter, 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 mayor 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 - 11564
•
•
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:��
"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
mayer and--eEach city commissioner shall eae
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.
Ibid.
- 36 - 11564
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.
JOE CAROL , MAYOR
ATTES :
WALTER J. EMAN
CITY CLERK
- 37 - 11564
•
Ll
APPROVED AS TO FORM AND CORRECTNESS:
.o.....i/i II
�.
W379:BSS
- 38 - 11564
,L CITY OF MIAMI, FLORIDA4.
INTER -OFFICE MEMORANDUM 12.
TO: Honorable Mayor and Members DATE October 22, 1997 FILE-97-751
of the City Commission
FROM: A. Q J III
City Atto y
SUBJECT: proposed Ordinance to
amend the City Code to
conform to provisions of
Charter Amendment No. 1
REFERENCES: City Commission Agenda
October 28, 1997, Item No. 12
ENCLOSURES:
The attached proposed Ordinance has been prepared to
implement Charter Amendment No. 1, which was approved by the
electorate on September 4, 1997, by amending sections of the Code
of the City of Miami, Florida, as amended, to effectuate
provisions regarding the Executive Mayor and single member
districts.
This Ordinance has been prepared as an emergency measure so
that the amendments to the Code are in effect when the newly
elected Executive Mayor and Commissioners take office in
November.
BSS:W151
CC: Edward Marquez, City Manager
Walter J. Foeman, City Clerk
11564
� 12
EMERGENCY ORDINANCE - (J-97-751)
(415THS VOTE)
(NOTE: This item is being presented as an emergency on the
grounds of urgent public need for the preservation of peace,
health, safety, and property of the City of Miami.)
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 DEALING WITH THE
EXECUTIVE MAYOR AND FIVE SINGLE MEMBER DISTRICTS;
MORE PARTICULARLY BY AMENDING CHAPTERS 1, 2, 4, 11,
14, 16., 17, 18, 22, 23, 29, 35, 38, 40, 45, AND 46 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
NOTE: This item will be distributed at a later date.
1564
WALTER J. FOEMAN
City Clerk
}
0C�t#g �f �t
December 10, 1997
Evelyn Jefferson
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32316
Dear Ms. Jefferson:
ALBERTO RUDER
City Manager
Enclosed herewith please find a copy of the following -Ordinances
which amend the Code of the City of Miami, Florida:
11362 11560 11561 11563 1564 11567
11571 11573 11574 11575 115.78
If I can be of any further assistance, please do not hesitate to
call.
Yours truly,
� iA
Evan line Kil atrick
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
Titij of ffliami
WALTER I. FOEMAN
City Clerk
December 10, 1997
Isel Fernandez Maldonado
Court Operations Officer
1351 Northwest 12th Street
Room 8100 - (8th Floor)
Miami, FL 33125
Dear Ms. Maldonado:
ALBERTO RUDER
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11362 11560 11561 11563 1564 11567
11571 11573 11574 11575 11578
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 yours,
Walter J. Foeman
City Clerk
Deputy Jerk
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
0 s
Titij of ffliami
G�TY(Py
WALTER J. FOEM,AN
�+
City Clerk
December 10, 1997
Rosemary Ricotta
Office of the State Attorney
1351 Northwest 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
ALBERTO RUDER
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida: -
11362 11560 11561 11563 1564 11567
11571 11673 11574 11676 11678
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 yours,
Walter J. Foeman
City Clerk
Deputy CYerk
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
•
•
.Y
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 Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review flkla 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. 11564
XXXXX .................... Court,
In the .............
wa"ubl shf i i said 4e4f paper in the Issues of
NOV
Afflant 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 aml in said Dade County, Florida, for a period of
on ear ne t preceding the first publication of the attached
cob of adv rtisement; and afflant further says that she has
n "her
pal nor promised any person, firm or corporation
an disco t, rebate, commission or refund for the purpose
of ecujPhg this advertisement for publication In the said
14 S to an bef me tht 7
( day of........., 19......
(SEAL) PRY pU OFFICIAL NOTARY SEAL
Sookle Williams pers n@{ know Tp me:)ANETT LLERENA
2 '�^ j' n COMMISSION NUMBER
CC566004
9l a`O MY COMMISSION EXPIRES
FOFt�OJUNE 23,2000
.CITY OF-MIAMI FL®RI®A -
. 1 EGAL: OTICE
Allinterested persons -will take -.notice that on the 28th day .of
October; 1907;Ahe City Commission of Miami Florida adopted 'the +
followutg titled ordinances: 1
t 'ORDINANCE NO 11559
AN EMERGENCY ORDINA146E ESTABLISHING A SPECIAL
. REVENUE FUND;ENTITLED:,'DERELICT VESSEL REMOV-
AL.GRANT. AWARD PROGRAM FY-97'-98';-APPROPMAT s '
1NG ;FUNDS .FOR. THE- OPERATION.:: OF ',SAME IN;: THE
AMOUNT OF $27;389:00 AUTHORIZING. THE CITY MANA-
GER TO. ACCEPT' A -;GRANT' FROM THE FLORIDA DE
PARTMENT OF-_ ENVIRONMENTAL PROTECTION., (DEP)
AND TO -EXECUTE . THE- NECESSARY, DOCUMENTS,. IN A
FORM ACCEPTABLE TO THE CITY `ATTORNEY, TO" IM-
PLEB ENT:ACCEPTANCE OF.SAib.GR'ANT .CONTAINING
A:REPEALER PROVISION AND A SEVERABILfTY CLAUSE l
I ORDINANCE N6A 1560
AN:EMERGENCY-,ORDINANCEzAMENDING SE6TION;.54
16 CIF THECODE, OF THE CITY OF;MIAMI FLORIDA. AS
+AMENDED, ENTITLED PROHIBITION OF VEHICULAR AC
'l>tJJ, I r1tMtCT.-CJIi1000aLv _a
,rt1n-rnvvcv�na.. .. I
FINANCIAL RESPONSIBILITY -FOR,`. REQUESTING � THE
VEHICULAR AND PEDESTRIAN ¢C CEPS ;PROHIBITION
TO AN UNIMPROVED PUBLIC AI.Lf�:OR'PARTI�gLY UN
IMPROVED -ALLEY;, CONTAINING. IAFtALEi�ROV
xk
SON AND,A SEVERASiLITY CLAND PROVIDIN
FOR AN EFFECTIVE DATE. Eat !e ,.
..
ORDINANCE N0�1�1� e
AN EMERGENCY ORDINANCE AI�(DING SECTION ,14. j
285; ENTITLED.-'EMPLOYEES:GEWWAhLY' O • RTICL'E" �
V., ENTITLED. 'SOUTHEAST- Oiif W.CIY 1N/P. �IlK ,.WES
11.1 REDEVELOPMENT 1DISTRICT MUNI7 REDr
ELOPMENT AGENCY' ,('CRA CODE'OF ,TF9E,
CITY, OF MIAMLT—ORIDA,. AS AMEND;;TH $EBY
SIGNATING.THE-DIRECTOR'OP THE..EPARiiuIENT
PLANNING• AND;_DEVELOPMENT;"AS"THE CHIEF"EXE
CLITIVE 'OFFICER: OF THE CRA
:AENV;DEE RPARBOILVITI
TIONAL STAFSUPPORT TO THECRA CONDYINACGINLAI
RR,
REPEALEROVISION
GFORNFFEPROVIDINACTIVESDATANUDGSDEAI
! x
ORDINANCE NO 11562
AN"EMERGENCY :ORDINANCE AMENDING SECTIONS 1
OF�CAPITAL IMPROVEMENTS ORDINANCE NO�:-1-1.337 ,; ••
S.AMENDED,,ADOPTED JANUARY;25,y•1996;.`THEREBY
REVISING';AND,ESTABLISHING,NEWCAPITAL IMPROVE s''
MENT.P,ROJECTS`TO BEGIN DURING FISCAL.YEAR'1997
:1998;..:CONTAI4ING: A.REPEALER;'PROVISION-'AND A
SEVERABILIMY,.CLAUSE`AND PROVIDING; FORrAN, EF
FECTIVE'.DATE `,
ORDINANCE NO 11563 n
AN EMERGENCY ORDINANCE WITH ATTACHMENTS)
AMENDING`THE CODE OF. THE CITY'OF MIAMI FLORIDA J
AS: AMENDED TO PERMIT THE SALE!, DISPENSING a,
POSSESSION, AND.GONSUMPTION'.OF.ALCOHOL1 ,BE
VERAGES_ AT THE":FEC-PROPERTY MIAMI FLORIDA
LEGALLY DESCRIBED ON.ATTACHMENT= A';+ATTACHED '
HERETO AND MADE APART HEREOF MORE' -PAR
TICULARLY`BY AMENDING SECTIONS 38 69: AND 38-70 ;
OF SAID'.CODE CONTAINING .A ;REPEALER- PROVISION
-AND .ASEVERABILITY CLAUSE < ,
ORDINANCE NO_ 1 '
AN EMERGENCY ORDINANC54.tE1!jTMG To IMPLEMEN
TATION OF.CHARTER AMENDMENT- NO. 1 - BY 'AMEND 1
ING SECTIONS OF -THE CODE OF THE CITY OF`MIAm.
FLORIDA, AS AMENDED-: TO.EFFECTUATETHE PROVI
SIONS 'REGARDING THE_ EXECUTIVE = MAYOR ; :AND ;
SINGLE MEMBER.. DISTRICTS, MORE PARTICULARL•Y.BY
AMENDING CHAPTERS t -2; 4 11 14; -16; 113;.22; 23, 29;
35, 38, 40, 45, AND 46"OF, SAID,CODE CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
RROVIDING:FOR AN EFFECTIVE DATE
•
ORDINANCE N0:11585
AN 'EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. •.10021,:.ADOPTED'JULY 18; 1985, AS AMENDED,:
WHICH` ESTABLISHED INITIAC`_RESOURCES AND INITIAL
APPROPRIATIONS FOR.THE LAW ENFORCEMENT TRUST, .
FUND, RECEIVED AND,DEPOSITED PURSUANT TO'ORDI •.
NANCE-NO 9257 ADOPTED-APRIL 9''�1981 THEREBY,
PROVldlNG FOR AN • INCREASE1`. IN THE AMOUNT OF
$672,453.W AS -A RESULT OF ADDITIONAL MONIES DEP'
OSITED IN SAID FUNO'•DUE TO ;SUCCESSFUL FORFEI
TUBE ACTIONS; CONTAINING A'REPEALER PROVISION
AND SEVERAOILITY-CLAUSE
` ORDINANCE'NO." 1587
AN ORDINANCE AMENDING- THE,CITY CODE, CHAPTER 4 .
ENTITLED :'.ALCOHOLIC._ BEVERAGES;°':BY',AMENDING
SECTION 4-1, ENTrrL.ED. ; EXCEPTIONS: TO .DISTANCE ':_
REQUIREMENTS TO';`ADD EXCEPTIONS FOR•':LEGITI "
MATE : ' LIQUOR' ,ESTABLISHMENTS• , WHICH PRECEDE;:
SCHOOLS ORCHUAGHES, CONTAINING A REPEALER
PROVISION AND A•'SEVERABILITY_CLAUSE; AND PRO-
VIDING FOR ANEFFECTIVE DATE
ORDINANCE NO.11588 +`
AN ORDINANCE AMENDING THEZONING ORDINANCE - ; ,
1101.5 TO _ SET FORTH REGULA
TIONS _CONCERNING;THE;•STATUS 'OF LEGITIMATE
LIQUOR ESTABLISHMENTS, WHICH PRECEDE `CHUR --
CHES OR-SCHOOLS;.CONTAINING A REPEALER PROVI
SIGN AND SEVERABILJ CY CLAUSE AND -PROVIDING FOR-"' ,
AN EFFECTIVE DATE ,
'J a.'
,' ORDINANCENO 11569..
., AN ORDINANCE AMENDING ORDINANCE'NO 11000 THE,'—
- ZONING ORDINANCE,,.BY ",AMENDING.: ARTICLE 6 ! SEC, ;
TION-602 11 ;TO MODIFY SIGN REGUL'ATIONS.FOR THE''
SD-2 'COCONUT GROVE CENTRAL COMMERCIAL DIS
TRICT;�TO CONDITIONALL-Y ALLOW FREE-STANDING DI %:
RECTIONAL: SIGNS 'CONTAINING A ;REPEALER PROVt,:'
SION AND -A SEVERABILITY;,CtAUSE;-.AND PROVIDING `.
FOR AN EFFECTIVE DATE
ORDINANCE NO 11570
AN ORDINANCE AMENDING THE ZONING ATLASOF THE
.CITY OF,MIAMI,.F_LORIDA,.FOR•THE:PROPEi;tY,, AT :
ED AT 1548 BRICKEL:L AVENUE .BY -ADDING`'THE .HP
HISTORIC PRESEFIVATION.OVERLAY .DISTRICT CON'
TAINING A.REPEALER:PROVISION.AND`A,SEVERABILITY'
CLAUSE;'AND.PROVIDING FOR AN EFFECTIVE'DATE
ORDINANCE NO 11571 1,
AN EMERGENCY ORDINANCE'AMENDING SECTION 53
1
.152'OF THE'COIDE OF.THE CITY OFUAMI FLORIDA ASS s '
AMENDED ENTITLED:_. RATES ANO CHARGES PER
.'-TAINING TO,USER FEES_ FOR. -NON-PROFIT ORGANIZA-
r TIONS AT THE COCONUT GROVE 60NVENT16N'bENTER;
THEREBY CHARGING: FEES; CONTAINING A REPEALER: +4
PROVISION AND A SEVERABILITY CLAUSE
Said ordinances may be'mspected 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.
.. WALTER J. FOEMAN
CITY, CLERK
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