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HomeMy WebLinkAboutO-11113J-93-862 11/22/93 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 9959, AS AMENDED, ADOPTED FEBRUARY 14, 1985, IN ITS ENTIRETY, THEREBY RELEASING ALL LIMITATIONS OF AUTHORIZED INVESTMENT OF CITY FUNDS OR FUNDS OF ANY RETIREMENT PROGRAM CONTROLLED BY THE CITY AGAINST THE REPUBLIC OF SOUTH AFRICA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Republic of South Africa has demonstrated positive actions which will result in a more equitable sharing of Political power among the citizens of the Republic; and WHEREAS, Nelson Mandela, the leader of the African National Congress has addressed the General Assembly of the United Nations urging the world community to lift economic sanctions against the Republic of South Africa; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9959, as amended, adopted February 14, 1985, is hereby repealed in its entirety, thereby releasing all limitations of authorized investment of City funds or funds of any retirement program controlled by the City against the Republic of South Africa. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. This Ordinance shall become effective (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 16th day of December , 1993. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of January 1994. S EPHEN P. CL RK, MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: RAMON IRIZ RI ASSISTANT ITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ,-j--7 --2' A : QUrNN" JO Es , TIT CITY ATTO Rl:csk:M10a8 -2- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE FILE of the City Commission NG e� 2 Z !J9 SUBJECT Removal of Sanctions Against South Africa FROM Cesa Q REFERENCES: Clty�, r ENCLOSURES: The Embassy of South Africa has requested that the City Commission consider removal of all previously imposed sanctions against South Africa (see attached). Recent developments in South Africa have prompted the United Nations and many states and local governments to adopt resolutions repealing economic and trade sanctions. The attached legislation is recommended for your consideration. S i 11113 J-85-6 12/24/84 rr/001/D9 M84- 989 9/13/84 ORDINANCE NO. 9 9 5 9 AN ORDINANCE PROVIDING, TO THE EXTENT PERMITTED BY LAW, FOR ADDITIONAL LIMITATIONS ON AUTHORIZED INVESTMENT IN ]HE REPUBLICS OF SOUTH AFRICA AND NAMIBIA OF CITY FUNDS OR FUNDS OF ANY RETIREMENT PROGRAM CONTROLLED BY THE CITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the preservation of principal and the maximization of income are underlying criteria for the selection and retention of investments by fiduciaries; and Wh'EREAS, a business which operates in a foreign country which is governed in a manner seriously inconsistent with the human rights of all or some of the country's citizens jeopardizes its investments in that country as well as any funds invested in that business, directly or indirectly; and WHEREAS, the government of South Africa has instituted and maintained a policy of Apartheid, citizens' rights according to race, for over 30 years; and WHEREAS, the government of Namibia has instituted and is maintaining a policy of Apartheid; and WHEREAS, Apartheid has caused the institutional subjugation of and hardship to over eighty percent of the people of South Africa and Namibia simply because they are nonwhite; and WHEREAS, the City of Miami should not support the policy of Apartheid by investing in or maintaining investments in companies doing business in South Africa and Namibia directly or indirectly; and WHEREAS, maintenance of the policy of Apartheid in south Africa and Namibia casts doubts on the safety and stability of investments in companies doing business directly or indirectly in south Africa and Namibies r.• ; 1 D g 6 7 11113 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE - CITY OF MIAMI, FLORIDA: Section 1. Notwithstanding any existing City Code provision to the contrary, to the extent permitted by law: (a) No City monies or funds of any retirement program held or controlled by the City under any provision of this Code shall not remain invested or hereinafter be invested in the stocks, securities, or other obligations of any bank or financial institution which makes loans to the Republics of South Africa or Namibia or to a national corporation of the Republics of South Africa or Namibia or in the stocks, securities or other obligations of any United States company doing business in the Republics of South Africa or Namibia, or whose subsidiary or affiliate does business in the Republics of South Africa or Namibia. (b) United States companies, subsidiaries and affiliates doing business in the Republic of South Africa shall be identified by reference to the most recent annual report of the American Consulate General of Johannesburg, entitled "American Firms, Subdivisions and Affiliates --South Africa". (c) Business entities doing business in the Republic of Namibia shall be identified through correspondence with the United Nation's Office of the Commissioner for Namibia and the United Nation's Center on Trananational Corporations. Section 2. The divestiture required by Section 1 of this ordinance shall be completed within 2 years of final approval of this ordinance. During that 2 year period, the City Manager shall make regular reports to the City Commission concerning the progress of divestiture. If, prior to expiration of the 2 year time limit for divestiture, the City Manager determines that completion.of divestiture during -2- 11113 2- 11113 the 2 year time limit will necessitate substantial losses to, the City or to any retirement program under the control of the City, then the City Manager shall request from the City Commission an extension of time within which to complete the divestiture. Section 2. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. 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. PASSED ON FIRST READING BY TITLE ONLY this loth day of January , 1985. PASSED AND ADOPTtD ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of February , 1985. ATTEST: Cam' (J�� G. A lz�7CITY CLERK PREPARED AND APPROVED BY: 'ROBERT F. e'" Z.&.'04e �- CHIEF DEPUTY CITY ATTORNEY Maurice A. Ferre ��JJ�y}� �A"""-Clcrk M I.'Rof the City of Miami. Florida, ;Itchy certify that on the_.(.r7...._.day of.. ... ..... A. D. 19..#94 a full, true and correct co of the 3b.we an,; ioroguiay. ordinance was fxvst:d at tht Srn:th prior of the Daic County Court Hot -se at tit: plue•. for notic.s and publMions by attaching sui; t:ut.y to the puce provided therefor. WITNESS my band and the official soul of sppaid �, City this.� .day of.�d... _JtD ►. . 1^.p.._4 City Clerk APPROVED FORM AND CORRECTNESS: CITY ATTORNEY J-92-51 2/19/92 ORDINANCE NO. 10 9 6 7 AN ORDINANCE AMENDING ORDINANCE NO. 9959, ADOPTED FEBRUARY 14, 1985, THEREBY RELEASING ALL LIMITATIONS OF AUTHORIZED INVESTMENT OF CITY FUNDS OR FUNDS OF ANY RETIREMENT PROGRAM CONTROLLED BY THE CITY AGAINST THE COUNTRY OF NAMIBIA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the United States of America has recently recognized the sovereignty of Namibia as independent; and WHEREAS, the United States of America has declared that sanctions imposed because of the Apartheid policy of South Africa no longer affect Namibia and Namibia is not engaged in Apartheid discriminatory practices; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9959, adopted February 14, 1985, is hereby amended in the following particulars:I/ "Section 1. Notwithstanding any existing City Code provision to the contrary, to the extent permitted by law: (a) No City monies or funds of any retirement program held or controlled by the City under any provision of this Code shall not remain invested or hereinafter be invested in the stocks, securities, or other obligations of any bank or financial institution which makes loans to the 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 materials. 9 11113 -10967 Republics of South Africa er Nem b!a or to a national corporation of the Republics of South Africa or in the stocks, securities or other obligations of any United States company doing business in the Republica -of South Africa , or whose subsidiary or affiliate does business in the Republica of South Africa orNw,tibi-a. (b) United States companies, subsidiaries and affiliates doing business in the Republic of South Africa shall be identified by reference to the most recent annual report of the American Consulate General of Johannesburg, entitled "American Firms, Subdivisions and Affiliates --South Africa". Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 12th day of March , 1992. /O -2- 111140967 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 2nd day of April , 1992. ATT T: roo�- MATTY HIRAI CITY CLERK ,PREPARED AND APPROVED BY: �`-RAMON IRIZ I ASSISTANT IT ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: NN J , S , I I ITY ATT�EY RI:bf:M871 XAVIER L. OUAREZ, NAY -3- 10967 11113 J 87 161 2 3 87 RESOLUTION NO. 87_ 147. A RESOLUTION EXPRESSING THE INTENT AND POLICY OF THE COMMISSION OF THE CITY OF MIAMI. FLORIDA. THAT THE PROCUREMENT NEEDS OF THE CITY OF MIAMI FOR GOODS. EQUIPMENT AND SUPPLIES NOT BE MET USING ANY COMPANIES OR SUPPLIERS WHO THROUGH THEMSELVES OR THROUGH WHOLLY -OWNED SUBSIDIARIES EITHER (1) PURSUE A POLICY OF MAKING PAYMENTS DIRECTLY OR INDIRECTLY FOR THE PROTECTION AND SECURITY OF THEIR HOLDINGS AND PROPERTIES IN THE NATION OF SOUTH AFRICA TO THE GOVERNMENT OF THAT COUNTRY; OR. (2) DO BUSINESS WITH THE GOVERNMENT OF SOUTH AFRICA; FURTHER URGING THAT OTHER CITY GOVERNMENTS AND ALL GOVERNMENTAL UNITS ON THE COUNTY. STATE AND FEDERAL LEVELS FOLLOW A SIMILAR PROCUREMENT POLICY; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section 1. It is the intent and policy of the Commission of the City of Miami. Florida. that the procurement needs of the City of Miami for goods. equipment and supplies not be met using any companies or suppliers who througl, themselves or through wholly -owned subsidiaries either (1) pursue a policy of making payments directly or indirectly for the protection and security of their holdings and properties in the nation of South Africa to the government of that country; or. (2) do business with the government of South Africa. Section 2. Other city governments and all governmental units on the county. state and federal levels are hereby urged to follow a similar procurement policy for goods. equipment and supplies. Section 3. The City Clerk is hereby directed to forward copies of this Resolution to President Reagan. the President of the United States Senate. the Speaker of the United States louse of Representatives. members of the Congressional Delegation representing any part of Dade County. the President of the Florida Senate. the Speaker of the Florida louse of Representatives. the I Florida League Of Cities. and members of the Dade County State Legislation Delegation mad the Dade County Commissioners. 1111 J 11 111W_1510N Of PASSED AND ADOPTED this 12th day of February 1987. EAVIER L. MAREZ Amp; MAYOR NATTY EIRAI, CITY CLERK z AND APPROVED BY: ROHERT P. CLERK C8IEP DEPUTY CITY ATTORNEY APPROVED AR TO..JORN AND OORRECTNEBS: LUCIA A. DOUGEERTY CITY ATTORNEY RFC/Des/N334 -•- &"49 J-BS-195 2/14/85 rr/035/D9 A RESOLUTION NO. 85-t - L A RESOLUTION URGING MIAMI MOTORSPORTS, INC. TO PRONSIT A CONTESTANT FROM OR A VECHILE SPONSORED BY AN ENTITY FROM THE REPUBLICS OF SOUTH AFRICA AND NAMIBIA FROM COMPETING IN THE RIAMI GRAND PRIX. WHEREAS, the government of South Africa has instituted and maintained a policy of Apartheid, citizens' rights according to race, for over 30 years; and WHEREAS, the government of Namibia has instituted and is maintaining a policy of Apartheid; and WHEREAS, Apartheid has caused the institutional subjugation of and hardship to over eighty percent of the people of South Africa and Namibia simply because they are nonwhite; and WHEREAS, the City of Miami abhors the policy of Apartheid; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. Miami MotorSports, Inc. is hereby urged to prohibit a contestant from or a vehicle sponsored by an entity from the Republics of South Africa or Namibia from competing in the Miami Grand Prix. PASSED AND ADOPTLD this 14th day Of February Maurie& A. Parr& sT s CITY C130 PRE RED AND A<PR01/EQ Ba t 7K ( ! !i E CHILF DZPUTY CITY AT'NOIr;EY APPW Ai?O RM AND COILK9CT62"s CITY ATT08091 ®r CRY MKM1=0N urniNC OP Flo 14 to 1111 is►..s, . �A .rr. • BROWARD • PALM BEACH DARY BLSrOS RE%7w Broward (305) 468-2600 / (305) 9456577 .,;f PIR% Of ENTERPRISE REAL ESTATE ANI Palm Beach (407) 820.2060 Affiliates of Thne Warner Inc. rr -� C I 7Y C F m I; I * DAILY BUSINESS REVIEW CITY CLAP,!: wATTY h; 'I P.O. BOX010889 P 0, X 5 3 7' F MIAMI, FL 33101-0589 RI FL 33L7:3 LL J� �L- '.ST;;'1�E C--p TERMS: NET DUE ON RECEIPT OF INVOICE i - IW. -6iTE -*VOICE NC ;,.DEriCRiPTiOlr LNlTAitiCf AMOUNT P: 't-i.149 NO7IC= I CF AD OP TC c,ca �:x- n � z _ CY:ECI T D PT. (3: F) 3-7-6-IS "$U�TOTAL �t T -U_ 3f Lj'.0 _S WILL E- CH"; G_D :�% i.07R ' JNT i =_RVICE C-1A'G= (I-% P-P :.':P.U!f). �8A!• STi1i( ORIGINAL• PLEASE PAY FROM THIS INVOICE MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Super- visor, 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, FLORIDA ORDINANCE NO. 11113 In the.................X..X.................. Court, was published in said newspaper in the Issues of February 25, 1994 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any Pee or corporation any die unt, rebate, commies r refun for the purpose of s ring this advertise r publI lion in the said PA7 mi�, FOY Sworn to and subscribed before me this 25... day of ..... February.....�,� .9.4 ���.. .. �Ppfflleo- (SEAL) Octelma V. Ferbeyre personally known OFPWIAL NOTARY SEAL CHBRIft. H MARMBR COMMMSION NO. CC1916u MY COMMISISAW W. APR. 12.1"6 n E. I -CITY OF ""Mil'PLOONA L `NC"T lca All Intemeted psvaoai *0 take notkA that on the IM d4W-O 4a mefy,104. the CKy.Crartinigoon.of MiWA, Florl¢a, etJopUd tfte . forAmIng titled oldlnQ6esc f�1M1iAMtv"E MD: fff10 �► �uewcar�retf-ORd Aitifi�8. T� CAE AN EFFECTIV! ORDINANCE. AN EMF.RG W NO. 11050, AIX LISNED INITIAL TIONS FOR A "DRUG ABUSE • PROVIDING FC 7E4,221 AS A R CATION FROI .... FOR;. DATE #ftN:AD01PTWN OF THIS tI1 t'ilt7 e.ww...i.�tn� Ji�iLlNiQ.J1oNYt,YPt. - NECESSARY 00CMAPPTS, IN A FORM AC)CCE "ABLE TO THE CITY ATTORNEY, f0 ACGOMPL, THE ACCEPT ANCE OF SAID 6;;N ;. CONTA' A >SEPEALE}`i PRO- VISION AND A SEVEPA011 iTY CLAXISt. f�IBINi.11O. t11fII .. AN 9NP*4AN1;3q:A#fpQW CHAPTER 54 OF THE CODE OF 7ME CRY OF MIAMI O,OMM AS AMENOW ENTM TLED "STREETS AND SWENIALRS",-THEREBY' CHANG- ING THE. STREET E. CAVAT{pN PERMIT FEE, ESTABL04MG A USE OF THE PUBLIC Me Y I PIiiVATE SYSTEMS AND �fm THIS PRO- RATION OF FEES FC9N` PERMI f B'C D PRIOR TO OR AFTER OCTOSER 118 ; MOF W#*MLAF"Y, By AMERS7MRiSisC f"5447,WI49ANDWf500FTHE CITY CODE; CONTAIwIII111 A FOPgAL101t,PP13M1$IOFI, A SEVr~1LITY'CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. O�N1iII1/CE N0.11f17. AN ORDt IAI � P O< 90M AS AMENDE[Ii� IM FEBRUARY 14, 105, IN ITS ENTIRt.Y,.� ALL WCTIONS OF AUTHORIZEb a OF CITY FUNDS OR FUNDS OFAMNYRWETWMMCONTROLLED SY THE CITY AGAINST REPUBLIC OF SOUTH AFRICA; CONTAINING A REPEALER PROVISION ARID A BEV- Pill 1"s AN CFD11NbWCH EfIDN11�14HAPTERS01'OF-THE CODE OF 714 CITY OF!MlV r'#t.Of" AS AMENDED, ENTI- TLED "STREM AND S0004M".BY.AME BEC► *ION 54-104 ENTITLED "NONSTANDARD STREET tftilL TWI BY MODIFYING -TN$, VAM OF A CERTAIN STREET; CONTAINING A REPSALM PADVOM, A SEV- ERABiIJTY CLAUSE, AND PRIDING FOR AN EFFEC- TIVE DATE,' Said ordlntincss may be InepeCted by, -the public at the Office Of the Clty•Cietk; 350 Pei American Drhre; hillelint, Florid!, Moi ty through Friday, exClUdI td hotldefw, between the hours of M aart, and 5:00 p.m. .MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA (e1249) :gel