HomeMy WebLinkAboutR-93-0764J-93-889
12/6/93
RESOLUTION NO.
93- 764
A RESOLUTION RESCINDING RESOLUTION
NO. 87-147, ADOPTED FEBRUARY 12, 1987, IN ITS
ENTIRETY, THEREBY TERMINATING THE POLICY IN
WHICH 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) PURSUED 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)
DID BUSINESS WITH THE GOVERNMENT OF SOUTH
AFRICA.
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. 87-147, adopted February 12,
1987, is hereby rescinded in its entirety, thereby terminating
CITY COMMSTOX
MEETING OF
0 E C 1 6 1993
93-- 76
�� i
the policy in which 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) pursued 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) did business with the
Government of South Africa.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 16th day of December 1993.
S EPHEN P. CIARK, MAYOR
ATTES
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
RAMON IRIZAPRI
ASSISTANT =TY A
APPROVED 'AS TO FORM AND CORRECTNESS:
N J ES, I I
CITY AT 0 EY
BSS:M40
-2-
93-- '764
r
,
E
,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
:
To: Honorable Mayor and Members DATE NOV 221993 FILE
of the City Commission SUBJECT: Removal of Sanctions
Against South Africa
REFERENCES:
FROM : Cesa o
•
City r ENCLOSURES:
The Embassy of South Africa has requested that the City
Commission consider removal of all previously Recentmposed developments sanctions
against South Africa (see attached).e
South Africa have prompted o adopte United resolutions ions anrepealar..ganeconomic and
states and
local governments t p
trade sanctions.
1 The attached legislation is recommended for your consideration.
93- '764
J 87 161
2 2 87
RESOLUTION NO. 87r 147 _
A RESOLUTION EXPRESSING THE INTENT AND POLIC'i
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:
i
Section 1. It is the intent and policy of the Commission
i
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
i
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
i
government of South Africa.
Section 2. Other city governments and all governmental
I
units on the county, state and federal levels are hereby urged to
1
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
Benate, the Speaker of the Florida louse of Representatives, the
Florida League of Cities, and members of the Dads Co t At
at� bA
Legislation Delegation wad the Dads County Commissioners19 .
'CITY COM�+'1
PASSED AND ADOPTED this 12th day Of February 1067,
XAVIER L. AREZ
AT?E T. MAYOR
PATTY $IRAI, CITY CLBRE
z
AND APPROVED BY:
X
ROBERT P. CLAM
CHIEF DEPUTY CITY ATTORNEY
APPROVED AB TO.YORX AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
RFC/bee/N334
93- 764
-11- 87---142
J-B5-195 ,
i,
2/14/85
rr/035/D9
RESOLUTION NO. BS-'85Y
A RESOLUTION URGING MIAMI MOTORSPORTS,
INC. TO PROHBIT A CONTESTANT FROM OR A
VECHILE SPONSORED BY AN ENTITY FROM 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 yearat 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
Apartheidt
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
}
CITY OF MIAMI, FLORIDA:
r
Section 1. Miami MotorSports, Inc. is hereby urged
to prohibit a contestant from or a vehicle sponsored by an
T
entity from the Republics of South Africa or Namibia from
competing in the Miami Grand Prix.
PASSED AND ADOPTED this lJth day of February • 1945.
Maurice A. Ferris
e'•.
s
FRZJy6RZDAPPi10VE DY I
LAMD
CNIYF DEPUTY CITY ATTOMOV
1
APP yt" TO R11 MD CORRECTf1LYR e 93- 764
1
;T •rh'
CITY COXMISSION
EMIA A.
a
CITY ATTOAMCT
urruic OF
/EI 14 WS
J-92-51
2/19/92
ORDINANCE NO.
10 9 6'7
AN ORDINANCE AMENDING ORDINANCE NO. 9959,
ADOPTED FEBRUARY 44, 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
recognized the sovereignty of Namibia as independent; and
recently
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. q
93- '764
109f;7
Republica of South Africa er-Ramib a or to a
national corporation of the Republica of
South Africa - or in the stocks,
securities or other obligations of any United
States company doing business in the
Republics of South Africa or—Nemtil or
whose subsidiary or affiliate does business
in the Republica of South Africa or Nemib'
(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".
AI .,
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-, 764
-2- 10967
' PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 2nd day of April , 1992,1, �---�
i XAVIER L.
ATT T :
ATTYRAI
CITY CLERK
PREPARED AND APPPOVED BY:
�-RAMON IRIZ I
ASSISTANT ITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
QUINN J , S.
, III
ITY AT7EY
RI:bf:M871
Z, MAYOR
93- 764
-3- 10967
12/24/04
rr/Od1/D9
' M04-989
9/ 13/64
ORDINANCE NO, 9 9 5 9
AN DRDINANCC PROVIDING, TO THE EXTENT
pERMI1IED BY LAW, FOR ADDITIONAL
LIMITATIONS ON AUTHORIZED INVESTMENT IN
THE REPUBLICS OF SOUTH AFRICA AND NAMIBIA
OF CITY FUNDS OR FUNDS OF ANY REIIREMFNI
PROGRAM CONTROLLED BY THE CITY;
CONTAINING A REPEALER PROVISION AND A
SEVERABILIIY 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 foreign countr/
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 SD 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 ever 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.end Namibia directly
or indirectly; and
WHEREAS, •sintenence of the policy of Apartheid in south
Africa and Wasibis caste doubts on the safety and stability
of investments in -companies doing business directly or
indirectly in south Africa and Nasibis:
r�aq
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
Caty 14anager shall wake 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
93- 764
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 ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 14th day of February , 1985.
ATTEST:
)i O
.��
CITY CLERK
PREPARED AND APPROVED BY:
111JUEKI F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPRO
..an n. vuvu
TY ATTORNEY
Maurice A. Ferre
i, 2!4Clerk of the City of Miami, Florida,
hereby certify that on the„J.7„...day o[„.
A. D. 19„094. a full, true and correct co of file shave
all.' iorcgoiaf; ordinance was lmracd at the Smith i:rnor
of the DaJc County Court liotuce at tha pluc.: irvrijad
for nodc.s and pub1cadons by attachiuy sui.l cu,y to
the place provided therefor.
WITNESS my hand and the official scul of said
City thin. day of.. A. I). f^ silt
City Cleric
AND CORRECTNESS:
93- 764