HomeMy WebLinkAboutO-10823W
W
J-90-942
1/'10/91
ORDINANCE NO. 10823
AN ORDINANCE RELATING TO CONFLICTS OF
INTEREST; AMENDING THE CODE OF THE CITY OF
MIAMI FLORIDA, AS AMENDED, BY AMENDING
SECTION 2-302 THEREOF TO AUTHORIZE
APPEARANCES BY MEMBERS OF BOARDS, COMMISSIONS
AND AGENCIES OF THE CITY BEFORE THE CITY
COMMISSION IN REPRESENTATION OF THIRD
PARTIES; CONTINUING PROHIBITION ON
APPEARANCES BEFORE A MEMBER'S OWN BOARD,
COMMISSION OR AGENCY; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the membership of the various boards, commissions
and agencies of the City consist of persons in the community who
are active in the business and civic affairs of this community;
and
WHEREAS, many such members are professionals who provide
services in various fields of endeavor; and
WHEREAS, said members are often sought out and retained by
citizens for purposes totally independent of their official
status or relationship with the City of Miami; and
WHEREAS, such representation sometimes necessitates
appearances before the City Commission; and
WHEREAS, it is not the intention of the City Commission that
the herein action be construed to mitigate existing prohibitions
on members contracting or transacting business with the City or
any person or agency acting for the City; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the City Code set forth herein;
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
10823
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 2-302 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
particulars:l/
"CHAPTER 2
ADMINISTRATION
ARTICLE V. CONFLICTS OF INTEREST
Sec. 2-302. Transacting business with city;
appearances before city cammi9ai-orr boards
etc,
(a) No person included in section 2-301 shall
enter into any contract or transact any business with
the city or any person or agency acting for the city,
or shall appear in representation of any third party
before hhe citty C=Mlmi-1 anV board, commission or
agency of which said person is a member, and any such
contract, agreement or appearance entered in violation
of this section shall render the transaction voidable.
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 shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 25th day
of October 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 10th day of January 1 911.
XAVIER I R
A TE
MATT
HI I
CITY CLERK
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.
-2- 10 8,2 3
PREPARED AND APPROVED BY:
JOEL E. MAXWELL
CHIEF ASSISTANI;rCITY ATTORNEY
I/
APPROVED AS TO FORM AND
CORRECTNESS:
J04GE L. FERIqANDEZ
CT ATTORNE
JEM/db/M718
-3-
t C# of �fiiantt
MATTY HIRAI
City Cleric
CESAR H. ODIO
City Manager
February 1, 1991
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
jEnclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10823 10824
If I can be of any further assistance, please do not hesitate to
call.
Very trulyurs,
Valerie Greenwood
Deputy City Clerk
Enc. a f s
OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0700/1305) 250.5360
of �Rtiarat
MATTY HIRAI
CESAR H. ODIO
City Clerk
City Manager
February 1, 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10823 10824
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,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY g!LERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Mlami, Florida 33233.0706/(305) 250-5360
MATTY HIRAI CESAR H. ODIO
i\rff i II f City Manager
City Clerk
February 1, 1991
Mrs. Amy Terese Smith
Court Operations officer
1351 N.W. 12th Street, Rm 7-701
I
Miami, FL 33125
Dear Mrs. Smith:
Enclosed herewith please find a copy of the following Ordinances
! which amend the Code of the City of Miami, Florida:
{ 10823 10824
j
I Please acknowledge receipt of same by affixing your signature to
I the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY
RECEIVED BY:
DATE:
MH:vg
Enc. of s
OFFICE OF THE CITY CLERKI3500 Pan American Drive/P.O, Box 33o7oa/Mlami, Florida 33233-0706/(305) 250.5360
CITY OF MIAMI, FLORIDA
v
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and"Members DATE: October 23, 1990 FILE:
of ,the:City Commission
` SUBJECT ; Conflict of Interest
pRom: J rg L. Fernandez Item #5, 10/25/90
C Att rn@ REFERENCES :
Y Y City Commission Meeting
ENCLOSURES:
As requested by several members of the .City Commission, the
attached proposed ordinance has been prepared. It eliminates the
prohibition against appearances by members of City boards before
the City Commission. You may wish to substitute the attached
ordinance for Item No. 5 appearing on the agenda.
JLF/db/P1209
attachment
cc: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
Matthew D. Schwartz, Executive Director
Downtown Development Authority
Ana Gelabert, Liaison, UDRB/Planning Department
3-�
ILID823
5
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
��
: s ". 1gg�
To: The Honorable Mayor and DATET FILE
Members of the City Commission SUBJEcardinance exempting DDA
Board Members from the
prohibition of third party
Cesar H. Ddi aEFERErN@Aresentation.
FROM : City Manager
ENCLOSURES:
Recommendation
it is respectfully requested that the City Commission adopt the
attached ordinance exempting DDA board members from the prohibition
of third party representation before the City Commission.
Background
Section 2-302 of Chapter 2 of the City of Miami Code entitled
"Transacting business with City; appearance before City Commission"
prohibits the appearance in representation of any third party before
the City Commission by members of any board, commission or agency of
the City.
This provision provides a potential financial burden to DDA Board
members who serve in a solely voluntary capacity. This provision, as
an example, would restrict attorneys who are DDA Board members from
representing clients before the City Commission on non-DDA related
matters.
This recommended change would not alter the existing prohibition on
DDA Board members contracting or transacting business with the City
or any person or agency acting for the City.
Attached is an ordinance for City Commission approval which amends
the City Code by exempting DDA Board members from the prohibition of
third party representation before the City Commission-
4
Encl.
5-�
10823
RESOLUTION NO. 21/90
A RESOLUTION REQUESTING THAT THE
CITY OF MIAMI COMMISSION PERMIT
MEMBERS OF THE BOARD OF DIRECTORS
OF THE DOWNTOWN DEVELOPMENT
AUTHORITY TO APPEAR BEFORE THE CITY
COMMISSION ON BEHALF OF THIRD
PARTIES.
WHEREAS, members of the Board of Directors of the Downtown
Development Authority of the City of Miami are prohibited by City
Code from appearing before the City Commission on behalf of third
parties; and
WHEREAS, many members of the Board of Directors of the
Downtown Development Authority of the City of Miami are
professionals who are retained for purposes independent of their
➢DA Board status that sometimes necessitates their appearance
before the City Commission of the City of Miami.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, that:
Section 1. The Board of Directors of the Downtown
Development Authority of the City of Miami requests that the City
Commission of the City of Miami amend the City Code to permit
members of the Board of Directors of the Downtown Development
Authority of the City of Miami to appear before the City
Commission on behalf of third parties.
PASSED -AND ADOPTED THIS DAY OF 1990.
ATTEST:
Carmen Sutton
Executive Secretary
Mayor Xavier L. Suarez
Chairman
Matthew D. Schwartz
Executive Director
10823
RECC_I liwD
191 ,IA1
N 72I 1 9 P2- 29
Ai tr 71:�
CITY C..1-1;i':
rM1�i141�1�' REVitW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Bofors the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the Super-
veor of Legal Advertising of the 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 MIAMC.
P.O. #8346
Ordinance No. 10823
In the ........ X . X . X............. . ........... Court,
was published in said newspaper in the Issues of
January 25, 1991
Affiant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the sold newsppaper has heretofore been continuously
published In said Dede County, Florida each day (except
Saturday, Sunday and Legal Holidays) and Gas 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 co o! Adveritaemanh end
afflant further says that she has er p d nor promfsed any
parsog, firm
or corporation a I ount. rebels. commlealnn
rn o ogpscrlbed before me this
25t.. ..91
day of .. P... ? ...., A.D. 19....
(SEAL) ''*:i•e••"*
"t1?ICIAL NOTARY SEAL"
CHERYL H. FARMER
NT COW. EXP. 4I12/92
CITY OF MIAMI, FLOMbA
LEGAL NOTICE
All interested persons will take notice thot,on the 10th day of`
January, 1091, the City Commisslon of Miami, Florida adopted the
fallowing titled ordlnandas:
ORDINANCE NO.10823
AN ORDINANCE RELATING TO CONFLICTS OF INTEREST;
AMENDING THE CODE OF THE CITY OF MIAMI FLORIDA, AS
AMENDED, BY AMENDING SECTION 2.302 THEREOF TO
AUTHORIZE APPEARANCES BY MEMBERS OF BOARDS,.
COMMISSIONS AND AGENCIES OF THE CITY BEFORE THE
CITY COMMISSION IN REPRESENTATION OF THIRD PARTIES;
CONTINUING PROHIBITION ON APPEARANCES BEFORE A
MEMBER'S OWN BOARD, COMMISSION OR;AGENCY-
CONTAINING A REPEALER PROVISION; SEVERABILITY
CLAUSE AND PROVIDING, FOR AN EFFECTIVE DATE,
ORDINANCE NO:10824-
AN ORDINANCE, WITH ATTACHEMENT(S), REPEALING, IN ITS
ENTIRETY, CHAPTER 10, ENTITLED "FIRE PROTECTION", OF,
THE CODE OF THE CITY OF.MIAMI, FLORIDA, AS AMENDED, ;
AND CREATING IN PLACE THEREOF A NEW CHAPTER. 19,
ENTITLED ','FIRE PROTECTION TO.. BE ADMINISTERED BY
THE FIRE, RESCUE AND INSPECTION SERVICES' DEPART-
MENT; ADOPTING THE PROVISIONS OF THE SOUTH FLOR✓
IDA FIRE PREVENTION CODE AS MAY BE AMENDED:FROM
TIME TOTIME AND THE ALL OF ITS TECHNICAL REFERENCES
WHICH PROVIDES DEFINITIONS AND STANDARDS FdA FIRE
PREVENTION AND SAFETY; SAID NEW'CHAPTER
CONTAININGREGULATORY' MEASURES, RELATED BUT NOT
LIMITED TO: PERMITS AND BUILDING PLANS; INSPECTION,
OF FIRE SUPPRESSION SYSTEMS, PLACES OF ASSEMBLY;
OBSTRUCTIONS TO EGRESS,,FLAMMABLE AND COMBUSW `'
BLE LIQUIDS; REGULATION OF EXPLOSIVES; DEMOLITION," '
FIREWORKS; PROVISION OF SPECIALiOFF•DUMFIRE•'.'
RESCUE SERVICES; PROHIBITED ACTIVITY IN CONNECTION
WITH TAMPERING OF SAID DEPARTMENT'S SEALS, LOCKS,
OR WARNING TABS; AND, PROHIBITED CONDUCT REGARD-,
ING FIRE ALARM. REPORTS; INVESTIGATIONS BY, SAID,
DEPARTMENT INTO FIRES DEEMED.TO BE OF.SUSPICIOUS
NATURE AND MAINTENANCE OF RECORDS OF SAID
DEPARTMENT'S ACTIVITIES; STRICT. JOINT AND SEVERAL•
LIABILITY FOR ALL PERSONS CONTRIBUTING TO,VIOLA•`
TIONS OF SAiD'CHAPTER OR'THE SOUTH FLORIDA FIRE
PREVENTION CODE OR`ITS TECHNICAL REFERENCES;.
ENFORCEMENT, SEARCH WARRANTS, INSPECTIONS,
WARRANTS, INDEPENDENT AND CUMULATIVE REMEDIES
AND PENALTIES FOR VIOLATIONS OF ANY OF THE ABOVE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY'
CLAUSE.
ORDINANCE NO.1082S
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. i
10889, ADOPTED JANUARY 11, 1990, BY INCREASING THE
APPROPRIATION FOR THE SPECIAL REVENUE FUND ENTI•
TLED: "DADE COUNTY EMS GRANT AWARD (FY'89)'.',.IN THE
AMOUNT OF $160,046;" SAID INCREASE CONSISTING OF A
. $158,046 GRANT FOR FY-90 APPORTIONED BY METROPOLI•
TAN DADE COUNTY FROM THE STATE'OF FLORIDA.DEPART.
MENT,OF HEALTH AND REHABILITATIVE SERVICES UNDER
THE "FLORIDA EMERGENCY'MEDICAL SERV)CES:GRANT
PROGRAM FOWCOUNTIES"'AND $4,000 114 ANTICIPATED
INTEREST EARNINGS; AND FURTHER'AUTHORIZING THE
CITY MANAGER TO ACCEPTtTHE AFOREMENTIONED GRANT
AWARD -AND (ENTER INTO THE'
CONTRACT
AND/OR AGREEMENT WITH THE FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES' ANOIOR METRO-
P0QTAN.DADEt0UNTY IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; CONTAINING A REP.EAI.ER PROVISION AND
A SEVERABILITY CLAUSE.
QRDINANC:E NO.10828'
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
14782, AOOPTED SEPTEMBER 27;-1090, AS AMENDED, THE
CAPITAL IMPROVEMENTS "APPROPRIATIONS ORDINANCE; BY.:
REDUCING APPROP.RIATION&TO THE PROJECT ENTITLED
"SAYFRONT PARK REDEVELOPMENT - LIGHT TOWER", CIP
PROJECT NO, 331230, IN THE AMOUNT OF $10,00Q, AN
- INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT =PEPPER FOUNTAIN'%
PROJECT NO. 331306, IN THE SAME'•AMOUNT-OF $10,000;
AND BY'INCREASING.APPROPRIATIONS TOTHE PROJECT
ENTITLED !'BAYFR,ONT PARK REDEVELOPMENT - SOUTH
END AND CHOPIN PLAZA COURT", DIP PROJECT NO.3313D5;
IN THE AMOUNT OF $225,222.75. FROM U.S. CORPS OF ENGI.
k NEERS; CONTAINING A REPEALER PROVISION AND A SEV.
j ERABILITY CLAUSE.
Said ordinances may be Inspected by the public at the Office of
the City Clark, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of 8;00
a.m. and 8:00 p.m. -
i
(46) MATTYHIRAI
CITY CLERK
SMI_;,11115
"MIAMI, FLORIDA
1125 91.4-012S36M