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J-93-863
11/22/93
RESOLUTION NO. 9 3 763
A RESOLUTION RESCINDING RESOLUTION NO. 85-88,
AS AMENDED, ADOPTED FEBRUARY 14, 1985, IN ITS
ENTIRETY, THEREBY RELEASING MIAMI
MOTORSPORTS, INC. FROM THE REQUEST OF THE
CITY COMMISSION TO PROHIBIT A CONTESTANT FROM
OR A VEHICLE SPONSORED BY AN ENTITY FROM THE
REPUBLIC OF SOUTH AFRICA FROM COMPETING IN
THE MIAMI GRAND PRIX.
WHEREAS, the Republic of South Africa has demonstrated
positive action 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 RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Resolution No. 85-88, as amended, adopted
February 14, 1985, is hereby rescinded in its entirety, thereby
releasing Miami Motorsports, Inc. from the request of the City
Commission to prohibit a contestant from or a vehicle sponsored
by an entity from the Republic of South Africa from competing in
the Miami Grand Prix.
CITY CoivlleSECAI
MEETING of
DEC 1 6 1993
R®eolution W
93- 763
Section 2. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 16th day of December 1993.
;&EPHEN P. ARK, MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
AM0N IRIZA RI
ASSISTANT ITY TORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Q N
CITY ATTOR E
RI:osk:M4 4
_2_
93- '763
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
DATE : N O V 7 7 190 FILE
SUBJECT : Removal of Sanctions
Against South Africa
FROM : REFERENCES
Cesa io
City ger 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 Find
local governments to 4dopt resolutions repealing economic and
trade sanctions.
The.attached legislation is recommended for your consideration.
93- 763
EM13ASSY OF SOU'iH AFRICA
3051 MASSACHUSt=TTS AVENUE, N. W.
WASHI NGdTON, D. C. 20008
(202) 232-4400
November 18, 1993
Mayor Stephen P Clark
Office of the Mayor
city Hall
3500 Pan American Drive
Miami, FL 33133
Dear Mayor Clark
I am hopeful that a resolution, asking for the removal of all
sanctions against South Africa, could be introduced in Miami, and
that you would take the lead with this initiative. Toward this and
I would like to inform you of some recent developments in South
Africa and the response these developments have generated.
The adoption of the Transitional Executive Council (TEC) Bill by
the South African Parliament on Thursday, September 23, 19931 has
now set the stage for the normalization of trade and investment
relations between the'Unitod States and South Africa, and a broad
consensus on the removal of sanctions has been reached.
The passage of -the TSC Bill introduces multi -party participation
with a view to facilitate the preparation for and transition to the
implementation of a democratic order in South Africa.
At the United Nations iri New York on September 24, 1994, Mr Nelson
Mandela reacted to the enactment of the TEC by calling on the
international community to repeal the remaining economic sanctions
against South Africa, and to re -invest in the South African
economy. He said:
"We therefore extend an earnest appeal to you, the governments
and peoples you represent, to take all necessary measures to
and the economic sanctions you imposed and which have brought
us to the point where the transition to democracy has now been
enshrined in the law of our country.
We hope that both the South African and the international
investor communities will also take this opportunity
themselves to help regenerate the South African economy, to
our mutual benefit."
93- 763
2
The United Nations General Assembly unanimously adopted a
vasolution on 8 October 1993 repealing all economic financial and
trade sanctions against South Africa.
On September 24, 1993 Senator Nancy Kassebaum (R^Kansas) and
Senator Paul Simon (D-Illinois) introduced the bill entitled "South
African Democratic Transition Support Act of 1993" which was
unanimously passed by the Senate.. in her remarks, Senator
Kassebaum praised State President de Klerk and Mr Mandela for their
role in South Africa's transition to democracy. She strongly
emphasised the need for an upsurge in the South African economy and
pointed out that the bill would urge state and local governments
to repeal all remaining sanctions against south Africa and would
encourage investment in the country.
Also on September 24, 1993 President Sill Clinton released a
statement in which he welcomed the creation of the TEC by the South
African parliament and Mr Nelson Mandela's call for the lifting of
economic sanctions against South Africa. He asked Americans to
remain committed to help build the non-racial market democracy and
announced that Commerce Secretary Ron Brown Will lead a trade and
investment mission to South Africa. President Clinton said:
"We must now respect the judgment of the leaders of 'South
Africa and move to lift our remaining economic sanctions. I
welcome the introduction and passage of legislation in the
senate to lift the other remaining sanctions at the Federal
level, and hope the House can move rapidly on the legislation
as well. I also urge states, counties and cities to move
quickly to lift their sanctions."
Some state and local governments responded immediately to these
developments. Colorado, Connecticut, Massachusetts, Virginia and
Wisconsin have all repealed their sanctions. Cities such as Los
Angeles, Boston, Seattle, Cincinnati, Dallas, Tallahassee,'etc, and
counties such as Dade County and Universities such an Notre Dame
have all since repealed their respective restrictions. More are
doing so daily.
The international community have also welcomed these developments
and have used them as the signal for the repeal of sanctions and
the normalisation of their relationships. As I mentioned the
United Nations lifted sanctions. The European Community, the
Commonwealth and the Organisation of African Unity (OAU) have also
lifted their remaining economic sanctions on South Africa. Many
other countries like Japan, Korea, etc. had already for some time
lifted sanctions against South Africa.
As we prepare for a new era,- South Africa, as a middle income
country with a fast growing population, faces increasing
unemployment due partly to a decline in economic growth exacerbated
93- 763
3
by a cyclical downswing and financial sanctions, a highly uneven
distribution of income and wealth, and widespread poverty. These
conditions are the root cause for much of the criminal and
political violence in South Africa. Heightened expectations for
an immediate improvement in living conditions and overall living
standard place an even higher demand bn the need for the South
African economy to grow.
On the other hand the South African economy has a functioning(
market system, a sophisticated industrial, communications and
transport infrastructure, experience in financial operations, a
wealth of natural resources, and a healthy business environment,
not unlike any you will find in the United States. Overall South
.Africa's business and investment community is highly regarded for
their local knowhow. in fact, many of the International companies
who are now investing and/or returning to South Africa are using
their South African offices or joint venture partners as a
springboard .into the rest of Southern and Sub -Saharan Africa for
this reason.
On October 15, 1993, the Norwegian Nobel Committee decided to award
the Nobel Peace Prize for 1993 to Mr Nelson Mandela and President
FW de Kjork in recognition of their of forts and as a pledge of
support for their work for the peaceful termination of the
apartheid era, and for laying the foundations for a new democratic
South Africa.
On November 18, 1993, President F W do Klerk, ANC leader Nelson
Mandela and 17 other political leaders signed a new Interim
Constitution. The draft Constitution will go before a special
session of Parliament on November 22, 1993 in preparation for South
Africa's first universal franchise election on April 27, 1994.
We trust that in light of these developments Miami will review its
sanctioner against South Africa and normalise trade and investment
relations with South Africa as soon cis possible. This, we believe,
will be to the benefit of the people of both Miami and South
Africa.
We will be most willing to appear in front of any Committee, Board
or speak to any group in Miami if you think it desirable.
Yours sincerely
i
Cedr c do onin
THIRD SECRE
/ebt
93- 763
•i
J-65-195 -
2/1�/85
rr/035/D9
RESOLUTION NO. 85
1
A RESOLUTION URGING MIAMI MOTORSPORTS,
INC. TO PROHBIT A CONTESTANT PROM OR A
VECHILE SPONSORED BY AN ENTITY PROM THE
REPUBLICS OF SOUTH AFRICA AND NAMIBIA
FROM COMPETING IN THE MIAMI GRAND PRIX.
WHEREAS, the goverment of South Africa has instituted
and maintained a policy of Apartheid, citizens' rights
according to race, for over 30 years; and
WHEREAS, the goverment 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 TUC
CITY OF MIAMI, FLORIDA:
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 ADOPTED this_.LJth dsy of Pebrusry , 1985.
ltaurics A.,jerre
v
PRE R EDLAtlD APPNOYL•►;
FODZ*T
CHIEF DEPUTY CI" ATTOANBY
APFX V AYTO NM AND CORREC9'og" 1
CITY ATTORNEY
Cr" 00KM1SS10N
Krruic GF
FES 14 MS
43- 763
J 87 161
2 3 87
RESOLUTION NO. 87v 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 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.
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 Dads County, the President of the Florida
Senate, the Speaker of the Florida louse of Representatives, the
Florida League of Cities, and members of the Dads County State
Legislation Delegation sac! the Dade County Commissioners.
9 3- 7 6 3 1 trrycom—w s,oN
F
r
J-92-51
2/19/92
ORDINANCE NO. i U 9 67
AN ORDINANCE AMENDING ORDINANCE NO. 9959,
ADOPTED FEBRUARY 14, 1985, THEREBY RELEASING
ALL LIMITATIONS OF AUTHORIZED INVESTMZNT 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:��
"Section 1. Notwithstanding any
existing City Code provision to the contrary,
to the extent permitted by law:
1 (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.
93` 763 109ft7
Republics of South Africa er-amib or to a
national corporation of the Republics of
South Africa ei - or in the stocks,
securities or other obligations of any United
States company doing business in the
Republics of South Africa or ," _.., or
whose subsidiary or affiliate does business
in the Republica of South Africa or Namib
(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.
93- 763
-2- 10967
PASSED
AND ADOPTED
ON
SECOND
AND FINAL READING BY TITLE ONLY
this 2nd
day of
April
, 1992.
ATT T:
TTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
-RMON IRIZAPI
ASSISTANT PTY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
n
6NN J , S , III
ITY ATT �EY
RI:bf:M671
/S
-3- 93` 763 10967
J-85-6
12/24/64
rr/001/D9
M84-989
9/13/84
ORDINANCE NO. 9959
AN ORDINANCE PROVIDING, TO THE EXTENT
PERMITTED BY LAW, FOR ADDITIONAL
LIMITATIONS ON AUTHORIZED INVESTMENT IN
THE 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
WHEREAS, a business which operates in a fo'reign 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 Africe.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 invesLments in companies doing business directly or
indirectly in south Africa and Namibias
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
Transnational 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- 93-- 763
substantial
losses to
"the 2 year time
limit will necessitate control of
under the
retirement program the City
City Manager . the City or to any shall request from
the City, then the within which to complete the
Commission an extension of time
divestiture- ordinances or parts of ordinances in
All conflict, are
Section 2� as they are in
conflict herewith, insofar
pealed* section,
hereby reP If any sections part of
Section 3• word of this
ordinance is
paragraph, or
clause, phrases f this ordinance
the remaining Provisions o
declared
invalid,
is loth day
this--------
shall not be affected- BY TITLE ONLY �'-"`.-
PASSED ON FIRST READING
+ 1985. TITLE
SECOND AND FINAL READING BY
of Januar
PASSED AND ADOPTED ON SECOND
1985.
1 ONLY this 1_ day of Februar
ATTEST: C
�
O G
CITY CLERK
1::�
PREPARED AND APPROVED BY:
/tARCHIEFY C11Y ATTORNEY
APPROV
i
A t
�e
UVt:,n n. -
CITY ATTORNEY
Maurice R Ferre
M A Y
the City of
Mi rni, Florida,
Clerk of
I. day ot.....
certity that on the..... of t:t� �b•+r'e
hereby / a full, true and correct co
1N..K+ was rtrct:d at the Satttlt i),or
D. ., � i""d
tutu-„ia� ordinance t• lot •: i '
aft. County Court Hot,,¢ at n^ P
ut W. Oadc attaching sui 1 , ut•y to
for notic.s and publeations by
the riact provided therefor.
hand and the of[icial soul of bai
WITNESS, mY -A• D.
. of..
city this^ day -
".. City Cleri
AND CORRECTNESS:
- 3-
93- 763