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Home My WebLink AboutO-11326J-95-963 11/08/95 113 2 6 ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING CHAPTER 2, ARTICLE XIV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/OVERTOWN ADVISORY BOARD", THEREBY PROVIDING FOR CHANGES IN (1) BOARD MEMBERSHIP QUALIFICATIONS, (2) PROCEDURES FOR ELECTIONS, (3) FILLING OF VACANCIES, AND (4) BOARD FUNCTIONS, POWERS AND DUTIES; MORE PARTICULARLY BY AMENDING SECTIONS 2-452 AND 2-456 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 11211, adopted January 12, 1995, the City Commission established the procedures for electing members to the Overtown Advisory Board; and WHEREAS, upon holding elections in accordance with such procedures, it has been determined that in some instances the procedures are impractical; 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. I1326 Section 2. Chapter 2, Article XIV, of the Code of the City of Miami, Florida, as amended is hereby amended in the following particularsl/ "Chapter 2 Administration ARTICLE XIV. OVERTOWN ADVISORY BOARD Section 2-452. Membership. (a) Generally. The Overtown Advisory Board shall consist of fifteen (15) members to be elected as hereinafter set forth. (b) Qualifications. It is intended that members of the Overtown Advisory Board, established and created by this Ordinance shall be persons of knowledge, experience, mature judgment and background, having ability and desire to act in the public interest in order to make informed and equitable decisions concerning the Overtown area. Towards that end persons seeking membership on the Overtown Advisory Board shall be deemed qualified if he/she is 18 years of age or older, and: (1) Is a resident of the Overtown area; or (2) Owns property or has a business in the Overtown area; or (3) Is an employee or board member of a community based organization or community development corporation located in and providing services to the Overtown area; or (4) Operates or is an employee of a business in the Overtown area. (c) Procedure for election. (1) Nomination Procedure i� 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. I1326 - 2 - b a. All persons nominated must be a qualified voter in the Overtown area and shall be required to provide proof of such uualifications at a meeting scheduled by the City Manager or his designee present at _t Nominations can be made by the person himself/herself or by any other person qualified to vote. e b. In the event, for some reasonable cause, a potential nominee cannot be present at the eleetien meeting, he/she can be considered for nomination if he/she notifies the City Manager or his designee in writing, at least five (5) working days prior to the election of the reason for his/her absence. d c. To be eligible to vote for members of the Overtown Advisory Board, the elector must be 18 years of age or older, and: 1. Is a resident of the Overtown area; or 2. Owns property or has a business in the Overtown area; or 3. Is an employee or board member of a community development corporation or community based organization located in and providing services to the Overtown area; or 4. Operates or is an employee of a business in the Overtown area. (2) Election Procedure 1132 - 3 - a. Bleet4:eas shall be held immed�6aeely after ne -ei%9 e f eandiekabes fer The time, and place of the election shall be set by the City Manager or his designee. The election shall be widely publicized at least two weeks in advance in the Overtown area and in the media. Voting shall be by secret ballot and the election shall be supervised by City staff. b. Voting by proxy or absentee ballot shall not be permitted. C. Certified ballots shall be used and appropriate interpreters shall be present at all elections, if there is a substantial number of non- English speaking residents. The voter shall place his/her ballot in a sealed ballot box. d. At the close of voting, the ballot box shall be opened and the ballots tabulated by City staff to determine winners of the election. e. The candidates, their representatives, and the public may witness the tally of the ballots at the election site. The fifteen candidates receiving the most votes shall be elected to the Overtown Advisory Board. f. Subsequently, the winners shall be certified by the City Clerk and officially ratified at the first scheduled City Commission meeting immediately following the election. g. Proof of qualifications as an eligible voter or candidate as to his/her identity, place of residence and/or employment may be a voter's registration card, driver's license, pay stub, or any reasonable written proof e€ d er identity el a —p l act--erf ____elene including a notarized affidavit. Deeds, mortgages, or - 4 - 11326 Homestead Exemption receipts shall serve as proof of ownership of property within the community. Proof of business ownership and operation shall be City of Miami occupational licenses and partnership agreements or articles of incorporation. e) Vacancies. Vacancies in the membership of the Overtown Advisory Board shall be filled i:n bhe manner set —€ert-h--i:a Stibseetien (e) he eina' ve by the remaining members, who shall submit the name(s) to fill the vacancy(ies) to the City Commission for ratification. Any person eleeteQ selected to fill a vacancy shall serve only for the unexpired portion of said term or until the next regularly scheduled election, whichever first occurs. (f) Removal. Members of the Overtown Advisory Board may be removed for cause by vote of not less than three (3) members of the City Commission upon written charges after a public hearing, if the member affected requests such public hearing. However, whenever a member has had within a calendar year, three (3) consecutive absences or four (4) absences within a calendar year from the regularly scheduled meetings, the highest ranking officer of the Board shall certify same to the City Clerk. The City Clerk shall then inform the City Commission in writing that the position has been declared vacant and a successor member must be selected to fill the vacancy. Three instances of arriving ten (10) minutes after the scheduled beginning time or leaving before the termination of the last agenda item at a regularly scheduled meeting of the board counts as one (1) absence. Upon such certification, the member shall be deemed to have been removed and the vacancy shall be filled pursuant to Subsection fie} hereinabove. Sec. 2-456. Functions, powers and duties generally. to: The Overtown Advisory Board is hereby authorized - 5 - 11326 (2) Require y submission to the Overtown Advisory Board, of all information as may be reasonably necessary for the Overtown Advisory Board to evaluate completely City funded or assisted activities, developments, or improvements in the Overtown area, at least one month prior to the City Commission taking action on such activities, development, or improvements. (3) Recommend from time to time to the City Commission,— and the Southeast Overtown/Park West Community Redevelopment Agency, modifications and/or amendments to the Southeast Overtown/Parkwest Redevelopment Plan. # * * * * If Section 3. All ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. 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. Section 6. 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 7. This Resolution shall become effective immediately upon its adoption. - 6 - 11326 PASSED AND ADOPTED BY TITLE ONLY this 161--h day of November 1995. ATTEST: / WALTER OEMAN CITY CLERK PREPARED AND APPROVED BY: o>c� e4e�A - LINDA KELLY EARSOlq O ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LKK/BSS/pb/W077 �� STEP tP. CLARK, MAYOR 11326 - 7 - :i�i, U, .`�,�v 4•,ivl:u �... n:iv:.:iL,..; v.i _v% �i...iu:� r1, CITY OF MIAW F:ORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission A. J City Attorn KA;We) ZIZ5 33_ q DATE November 9, 1995 FiLf $UWEC7 Proposed. Ordinance amending provisions related to the O vwloaa Advisory Board RER.f1E�Cr. ENCLOSURES: (1) It is hereby recommended that the City Commission adopt the attached Emergency Ordinance amending Chapter 2, Article 7OIV, the Code of the Uri of Mani, Florida, as =aided, entitled "Administration! Ovcrtown Advisory Board", tharby providing for changes in 0) Board Membership Qualifications, (2) Procedures for Elections; (3) Filling of Vacancies, and (4) Board Functions, Porwws and Duties; more partioularly by 4nmding Sections 2-452 and 2-156. Pursuant to Ordinance No. 11211, passed and adopted on January 12, 1995, the City Commission established, inter alia, the procedures fbr electing members to the Overtown Advisory Board. However, upon holding two elections in accordance with said procedure., it hm. been determined by the City Clerk, the City Administration. and this office that, in some instances, the procedures are impractical. Accordin0y, based upon suggestions from the City Clerk, the Administration, and the Ovetown Advisory Board, the attached Ordinance was drafted for your consideration. 11326 .33R-\ (1t#g of 4RUtutt WALTER J. FOEMAN City Clerk December 21, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11319 11325 11326 11329 CESAR H. ODIC) City Manager I am also enclosing another copy of Ordinance 11200. The Law Department informed me that Section 2. [Sec. 62-71(3) and (5)] was not codified. If I can be of any further assistance, please do not hesitate to call. Very truly yours, U"i'Le ?L"i'v Valerie Puyans Deputy Clerk 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 Cat#ij of 'ffltrxxnt WALTER J. FOEMAN City Clerk December 21, 1995 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11319 11325 11326 11329 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, WALTER J. FOEMAN City Clerk RECEIVED BY: DATE: WJF:vp 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 (fit#ij Of 'fflittxtLc WALTER J. FOEMAN City Clerk Mr. Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: F�G,gY Op�9' I + + G ueu� nnu 9 ,Qr �0 December 21, 1995 CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11319 11325 11326 11329 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, WALTER J. FOEMAN City Clerk BY: DEPUTY CLERK —1 RECEIVED BY: DATE: - WJF:vp 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 MIAMI DAILY BUSINESS REVIEW Published Deily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelms V. Ferbsyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review We 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. 11324 Inthe......................i�X?tf3IisTX................................ Court, was published In said newspaper In the Issues of Dec 1, 1995 Aftlant 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 sold Dads County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In sold Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised Fnojrp firm or corporation any discount, rebate, commund for the purpose of secpOng this advert) Iication in the said Sworn to and subscribe tome this 1 ce r 95 ........day ........A... .............. A.D. ...... (SEAL) OFFICIAL NO ARY SEAL Octelma V. F yre p nally knoylC(ipE. PI ILIA ARY PUBLIC MATE OF FLOR COMMISSION NO. CC 172108 �. �wi.r�MOFr.r1#fwwprrwr �vr,r rrrrti s '�a�rrM n FAIR AN EFFECTNE DATE. OII)NMt= NQ i "V AN,ORDNANCE LANCE EWA81J8F14 A WW VECAL � # FUND ENTM.M. 'Sf�JD WASTE REDUMM AND EDUCATM (FY 11* APPROPRIATINIG FUNDS FOR THE DEVEL- OPAWNT AND IMPLEMENTATION OF SAME, IN THE AMOUNT OF $458,781.00, CONsilsir A OF.A RECYCL81(; PROGRAM GRWT FROfvt THE STATE )OF FLORDA DEPARTMlEMT OF , E Wk*4- AND A EEVERAWLiTY GLJ1UM. . '� . 019mMNNCEtlb.11� . AN ATTACHMEW(S), REVOKING- THE .CITY COMMIll MMICH ABOLISHED THE BAYSIDE MINOR- ITY FOtMANM; MORE PARTICULARLY BY i ADDING SEC- TION.A t 11130, ADOPTED MARCH 24,1994 TO Ef .,A`tE., Rr ; CONTAIMM A REPEALER PRO VISION AND. XSEVERABILiTY CLAUSE AND PROVIDING FOR AN EFFECTiV1= "TE: SiW ordinome may be inspected by @te pubie At the Office of the City Clerk, 8GW Pon Ametlicart Drive, Miami, Florida, Monday through Friday, Jexadudny ys, between the hours of 8 a.m..and 5 p.m. WALTER J. FOEMAN' 1211 CITY CLERK 96 41?012J1M