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HomeMy WebLinkAboutO-10511J-88-924 11/3/88 ORDINANCE NO. 10511 AN ORDINANCE REQUIRING AN OATH OR AFFIRMATION BY PERSONS WISHING TO TESTIFY BEFORE THE CITY COMMISSION DURING ITS CONSIDERATION OF A MATTER ARISING FROM OR UNDER THE PROVISIONS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; PRESCRIBING THE FORM OF SAID OATH OR AFFIRMATION TO BE ADMINISTERED BY THE CITY CLERK; EXEMPTING FROM SAID GENERAL REQUIREMENT THOSE PRACTICING ATTORNEYS WHO ARE SO LICENSED BY THE STATE OF FLORIDA AND WHO ARE APPEARING BEFORE THE CITY COMMISSION ON BEHALF OF A CLIENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. a. Any person wishing to testify before the City Commission during its consideration of a matter arising from or under the provisions of Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, before testifying, shall declare that he or she will testify truthfully by taking an oath or making an affirmation to be administered by the City Clerk in substantially the following form: "Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?" b. The preceding general requirement shall not apply to those practicing attorneys who are so licensed by the State of Florida and who are appearing before the City Commission on behalf of a client. 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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. Amended Ren-kw By 1 o s, I 1051L1 Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective immediately upon its adotpion pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this 6th day of October , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 3rd day of November , 1988. XAVIER L. AREZ, MAYOR ATTEST: MATTY HIRAI \ CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ORGE L. ERN DEZ CITY ATTORNEY RFC/bss/M389 -2- 105 1.. MIAMI 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 Sookie Williams, who on oath says that she Is the Vice President 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 MIAMI NOTICE OF PROPOSED ORDINANCE ORDINANCE NO. RE: AN ORDINANCE REQUIRING AN OATH OR AFFIRMATION BY PERSONS WISHING TO TESTIFY In the ...........X Court, .. X... X.......... . was published in said newspaper in the issues of October 21, 1988 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously Sadat turday, Sunday andl'shod In said Ds ede gal HoliCountdays) andahasach been enteredeas second class mall matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first Itcation of the attached copy of advertisement: and affian urt r says that she has neither paid nor promised any perso , Iir or corporatlon any discount, rebels, commission or re un for the purpose of securing this advertisement for pubic a n in the aid newspaper. Y"#F(6rida at Large (SEAL) �,N���bllc My Commis, ORID�► CITY OF DADk ;COt�NTIt, F,4Olatlbl NOTICE OP PIROP089b"` 6001i4; Notice le hereby given;4hat the City Oomnllssloh of "the `CIw.1Jr>':tll��:� y.".�1��'.t II i•t�w u11L'1'r'w rw. wwwwa t °i1i1DINANCENO:?:' AN OR INANCE AMf IDING''CHAPTER`if THE CITY `OF MIAMi, FLORID' 4`4 AMI "ANIMALS.B FOULt..:'RY.`AbD114 ART CLI ENTITLED,"ENFO,RCEMENT OF ANIMAL( PROViDES-CIVIL PENALTIES.POR Vibl Ati &AND FOR APPLICABLE P•ROCEOUk9t4 PENALTIES; ,CONTA.iNING A SEVgRASIt REPEALER.PROVISION,,. , ORDINANCE,' AN ORDINA D ,JJ��lVtENDING SECTION 53; THE.CITY. of Ml/�MI,:FLORIDA.; AS AMEN :EXEMPTIONS t(J'tA91iCKET SURCHAFic SIGNS FOR ;$PECIFfCTVPES.OF, EVENTS Mi'AMI PUBLIC FACILITIES; FURTHER ADO .TION 53.2 OF SAID CODE AUTHORIZING SIGN TO ESI,ABL"tSH SPECIAL CHARGb! CONDITIONS FOR -THE USE OF=ALL CITY`1 -CONTAINING`A"REPEALER PROVISiOWA ITY CLAUSE: ORDiNANCE NO: AN -ORDINANCE- AMENDING `:OHDINA ADOPTED. NOVEMBERA9,I,1987i AS;AM,EN IMPROVEMENT APPROPRIATION.ORDINA JtVVtrt,,Yt1UJtUI NU:.3011t3f, IN itit AMULIN Uhl$t7U,t><111, AND CONTAINING.A .REPEALER. PROV)SION ANb q SEVER ' ABILITY CLAUSE ' ..-ORDINANCE N0.' _AN ORDINANCE REQUIRING"AN'OATH OR AFFIRMATION BY PERSONS WISHING TO TESTIFY BEFORE SHE CiTY COMMIS SiON DURING ITS, CONMDERATION�OF A'MATTER ARISINQ 'FROM OR UNDER THE0Rovfs16NS OF ORDINANCE N0. 9500, ` AS`AMENDED;,THE ZONING ORDINANCE F—.THE ' 1'MOF MIAMI; PRESCRIBING T1iE°FORM OF` SAID- OATH'OR AFFIR MATION"=TO` BED'ADMINiSTEREDJBYdTHE;CITY.CLERK, CONTAINING A REPEALERPROVISION ANOA`SEVERABILITY CLAUSE;'PROViDING'FOR INCLUSIO.N;KTHECITY CODE: Said, proposed ordinances may, be inspacted;by;the;public at Office of the City Clerk, 3500 Pan American, Drive; Miami' Florida Monday;' through Friday, excluding holidays; between ithepours of 8:00 AtM and; 5:00 P.M. All interested -persons may appear at the meeting and be heard with respect to the proposed ordinances:: There hereinabove ordlnances'may be the` subject of City` Commis iy sion consideration as:emargency measures at its meeting presently.,; schaduled for October 27,;.1988 Should any person desire to appeal any decision 'ot the City Corn mission with respect to any matter to be'cohsldered at this meeting,' that person shall ensure that a verbatim record of the proceeifinga is made including all testimo, piand evidence upon'which any appeal may',1. be based. MATTY:HIRAI CITY CLERK CITYOF.MIAMI;.FLORIDA ` (85053) CITY:OFi-MIAMI 10121 88>102101M' . MR 114 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission ROM, 4ige L. Fe nandez City Attorn y DATE . September 27., 1988FILE ; SUBJECT City Commission consideration of- zoning matters REFERENCES - Testimony of witness ENCLOSURES ( 1 ) During the Commission Meeting of September 8th, you requested that I determine the legality of a requirement that an oath be taken by persons who wish to testify before you on zoning matters. Our research -reflects that establishing such a requirement is entirely within your power. Accordingly, the attached ordinance has been drafted and a copy is being sent to the Agenda Office for placement on the Agenda. As a point of information, the language and form of the oath (or affirmation) is identical to that found in the Florida Statutes, Section 90.605. The authority of the City Clerk to administer the oath or affirmation is set forth in Section 41(f) of the City Charter. JLF/RFC/bss/P609 cc: Cesar H. Odio, City Manager Att.: Aurelio Perez-Lugones, Legislative Administrator Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager/Planning Director Gloria Fox, Assistant Executive Secretary, Hearing Boards 10511 3 S-/ F,S.1987 imunications to , practitioner of igious organiza- as a church, or 3e by the person lergyman and a for the purpose from the clergy. or discipline and ept to other per- ;munication. ruse to disclose, g, a confidential gyman in his ca- person, deceased per- : person. The cler- ;d in the absence 174; ss 11, 22, ch.7t1-361; Qe.- oublic accountant officer, corpora- n or entity, either countant with the ices. i accountant and tended to be dis- furtherance of the e client. r the transmission e to disclose, and ;closing, the con* with an account- ,f the communica- e rendition of ac- privilege includes J by the account- ,ndering account* by he client. f a deceased cli- in dissolution, or nization, corpora• iher public or pri- F.S.1987 EVIDENCE CODE Ch. 90 (e) The accountant, but only on behalf of the client. The accountant's authority to claim the privilege is pre- sumed in the absence of contrary evidence. (4) There is no accountant -client privilege under this section when: (a) The services of the accountant were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or should have known was a crime or fraud. (b) A communication is relevant to an issue of breach of duty by the accountant to his client or by the client to his accountant. (c) A communication is relevant to a matter of com- mon interest between two or more clients, if the commu- nication was made by any of them to an accountant re- tained or consulted in common when offered in a civil ac- tion between the clients. History.-s. 12. ch 78-361; s. 2, ch 78-379 90.506 Privilege with respect to trade secrets. -A person has a privilege to refuse to disclose, and to pre- vent other persons from disclosing, a trade secret owned by him if the allowance of the privilege will not conceal fraud or otherwise work injustice. When the court directs disclosure, it shall take the protective mea- sures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice re- quire, The privilege may be claimed by the person or his agent or employee. History.-s. 1, ch. 76-237; s. 1, ch. 77-77, s 22, ch 78-361; s 1, ch 78-379 90.507 Waiver of privilege by voluntary disclosure. -A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if he, or his predecessor while holder of the privilege, voluntarily discloses or makes the communica- tion when he does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication, This section is not appli- cable when the disclosure is itself a privileged communi- cation. Hhtory.-s. 1, Ch. 76-237; s. 1, ch. 77-77; ss 13, 22. ch 78-361,, ss. 1, 2, ch. 78-379. 90.508 Privileged matter disclosed under compul- slon or without opportunity to claim privilege. -Evi- dence of a statement or other disclosure of privileged matter is inadmissible against the holder of the privilege if the statement or disclosure was compelled erroneous- ly by the court or made without opportunity to claim the privilege. History.-s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch 78-361; s. 1, ch, 78-379. 90.509 Application of privileged communication. - Nothing in this act shall abrogate a privilege for any com- munication which was made prior to July 1, 1979, if such communication was privileged at the time it was made. 4t�8 .-s 1, ch. 76-237; s. 1, ch. 77-77, s 22, ch 78-361, s 1, ch. 78-379, s. 90.510 Privileged communication necessary to ad- verse party, -In any civil case or proceeding in which a party claims a privilege as to a communication neces- sary to an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate. In making its determination, the court may engage in an in camera inquiinquiry into the privilege. ry 1, ch. 76-237, s 1, ch. 77-77. s 22, ch, 78-361. s. 1, ch. 78-379 90.601 General rule of competency. -Every person is competent to be a witness, except as otherwise pro- vided by statute. History,-s 1, ch. 76-237, s. 1, ch. 77-77; s. 22, Ch, 78-361, s. 1, ch. 78-379. 90.602 Testimony of interested persons.- (1) No person interested in an action or proceeding against the personal representative, heir -at -law, as- signee, legatee, devisee, or survivor of a deceased per- son, or against the assignee, committee, or guardian of an insane person, shall be examined as a witness re- garding any oral communication between the interested person and the person who is deceased or insane at the time of the examination. (2) This section does not apply when: (a) A personal representative, heir -at -law, assign- ee, legatee, devisee, or survivor of a deceased person, or the assignee, committee, or guardian of an insane person, is examined on his own behalf regarding the oral communication. (b) Evidence of the subject matter of the oral com- munication is offered by the personal representative, heir -at -law, assignee, legatee, devisee, or survivor of a deceased person, or the assignee, committee, or guard- ian of an insane person. History.-s 1, ch. 76-237; s 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379. 90.603 Disqualification of witness. -A person is disqualified to testify as a witness when the court deter- mines that he is: (1) Incapable of expressing himself concerning the matter in such a manner as to be understood, either di- rectly or through interpretation by one who can under- stand him. (2) Incapable of understanding the duty of a witness to tell the truth. History.-s. 1, ch. 76-237; s. 1, ch, T7-77; s. 22, ch. 78-361; s. 1. ch. 78-379. 90.604 Lack of personal knowledge. -Except as otherwise provided in s. 90.702, a witness may not testi- fy to a matter unless evidence is introduced which is suf- ficient to support a finding that he has personal knowl- edge of the matter. Evidence to prove personal knowl- edge may be given by the witness himself. Hlslory.-s 1, ch 76-237, s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379. 90.605 Oath or affirmation of witness.- (1) Before testifying, each witness shall declare that he will testify truthfully, by taking an oath or affirmation in substantially the following form: "Do you swear or af- firm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?" The witness's answer shall be noted in the record, (2) In the court's discretion, a child may testify with- out taking the oath if the court determines the child un- derstands the duty to tell the truth or the duty not to lie. History,-s. 1, ch 76-237; s. 1, ch. 77-77. s. 22, ch. 78-361; s. 1, ch. 78-379; s. 3.ch 85-53. 413 90.606 Interpreters and translators.- (1)(a) When a judge determines that a witness can- 105JL 1 Subpt. A CHARTER unless otherwise specifically provided by this char- ter, shall be payable to the city and shall provide such penalty as the commission may by resolu- tion prescribe. The commission shall accept as surety on any such official bond a good, solvent surety company authorized to do business in the State of Florida. The premium on any such bond shall be paid by the city. Unless otherwise specif- ically provided in this charter, all such bonds shall be filed with and preserved by the city clerk. (d) Compensation of officers and employees. The commission shall fix by ordinance the compensa- tion of the city manager, heads of departments, municipal judges and the city clerk. The city man- ager shall fix the number and salaries or com- pensation of all other officers and employees. The salaries or compensations so fixed shall be uni- form for like service in each grade of the service as the same shall be graded or classified by the city manager in accordance with the rules and regulations adopted by the civil service board. All fees and moneys received or collected by officers and employees shall be paid into the city treasury. Annotation —Peremptory writ of mandamus held improper to compel the city manager to grant increases in salaries of police officers in accordance with resolution of city commis. sion authorizing such increases where refusal of city manager to grant the authorized increases was "uniform for like ser- vice in each grade of the service ..." Reese v. Golden, 209 So. 2d 490. (e) Oath of office. Every officer of the city shall, before entering upon the duties of office, take and subscribe to an oath or affirmation, to be filed and kept in the office of the clerk, that he or she will support, protect, and defend the constitution and laws of the United States and of the State of Florida and in all respects faithfully discharge the duties of the office. (f) Clerk may administer oaths. The city clerk of the City of Miami, Florida, shall have the power and is hereby authorized to administer oaths. Sec. 42. Power to appoint boards or commis- sions of citizens. The commission may, at the request of the city manager, appoint boards or commissions, to be composed of such number of citizens as the com- mission may deem expedient to act in an advisory Supp. No. 27 4 43 capacity in conjunction with any one or more of the departments created or authorized hereby. The members of all such boards and commissions shall serve without compensation, and may be removed at any time by a majority vote of the commission. Sec. 43. Continuity. (a) All city ordinances, resolutions, and regu- lations in force at the time this charter takes effect, and not inconsistent with the provisions hereof, are hereby continued in force until the same shall be duly amended or repealed. (b) Present officers and powers. All persons hold- ing office in or employed by the city at the time this charter goes into effect shall continue in such office or employment and in the performance of their duties until provisions shall have been oth- erwise made in accordance with the provisions of this charter for the performance or discontinu- ance of the duties of any such office or employ- ment. When such provisions are made the term of any such officer shall expire, and the office shall be abolished. The powers which are conferred and the duties which are imposed upon any officer, board, commission, or department of the city under the laws of the state, shall, if such officer, board, commission, or department is abolished by this charter, be thereafter exercised and discharged by the officer, board, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this charter. (c) Present contracts and proceedings. All rights, actions, proceedings, prosecutions, and contracts of the city or of any of its departments or officers, pending or unexecuted when this charter goes into effect, and not inconsistent therewith, shall be enforced, continued, or completed, in all re- spects, as though begun or executed hereunder. (d) Present titles and rights. The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments, decrees, and choses in action held or owned by the city at the time of the adop- tion of this charter shall pass to and be vested in the municipal corporation hereby organized to suc- ceed such municipality. 57 '116�R 1051.1. MIAMI 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 Scoids Williams, who on oath says that she is the Vice President 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 MIAMI ORDIi4ANCE NO. 10511 In the................x.......... I............. Court, was published in said newspaper in the Issues of Dec. 8, 1988 Affient further says that the said Miami 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 mall 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 offla they says that she has neither paid nor promised any pera n, rm or corporation any discount, rebate, commission or fu for the purpose of securing this advertisement for pub c Ion In the said newspaper. /) . / / , n n . \`{ a �{6*'1, ``�``�` S�flr16(ktld�4ub oribed before me this $..... y a .. `� �...� `1 . ... .. , A.D. 19. $ 8. . T •• • Janet chez Notary Public, .6G11 Florida at Large (SEAL) : (t\ PUBO-0 .• My Com4pgt9n.expires June 81ti TGQ Qt t MR114A F•'•'P� 4 0 R;p CiTY OF mAIMI, # ' it A LEOAt NOTICE All interested parsons,Willf'take noftce that the following ordinances` have been; passed and adopted by,the;Clty of Mllimi, Florida ' ORDINANCE NO.10502 " AN ORbIN'ANCE \AMENDING. ORDINANCE NO'! 8719,-ASS r AMENDED,' ADOPTED OCTOBER 28, 197y;;BY APPROPRIATING ! ' FOR; THE` IMPLEMENTATION OF`AN'AMENbED'TRUST'AND', ,z AGENCY FUND ENTITLE b; COMMUNITY DEVELOPMENT BLOCK ` ( GRANT TWELFTH (12TI) YEAR,'THE AbDIT10NAL SU �, =OF' n $1,825,150 AT PRESENT'ALLOCATEb;' PROGRAM IN�OI1+fE REVENUE iN:PREVIOUS-YEAR.COMMUNiTY DEVELOPMENT :. BLOCK GRANT -FUNDS; SAID AMOUNT 70' BE TRANSFERRED FROM SAID,REVENUE.FUNDS AND�ALLOCATED AS.BUDl3E7 FUNDS IN THE TWELFTH, (12TH) YEAR CITYWIDE S{NGLE FAM' ILY HOUSINO•REHABILITATION PROJECT,TOTALLING $11022A ` AND CITYWIDE MULTIFAMILY RENTAL' REHABILITATION GRANT "LEVERAGING:SUBSIDY-PROJECT.TOTALLING $ti02,728'TO BE ; CARRIED,OUT BY THE HOUSING CONSERVATION AND.DEVEL OPMENT AGENCY;.CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.' r; ;;.,, ;ORDtNANCEN0..10506 ` AN EMERGENCY.ORDINANCE'.AMENDINQ SECTION 1.OF ORDINANCE -NO, 10307 ADOPTED ;NOVEMBER,-.19, 198T; AS AMENDED, THE•CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE,13 . NCREASING.THE PROJECT'-'ENT{T.LED -MANUEL ARTIME RENOVATIONS'% PROJECT,NO, 333083 IN THE:AMOUNT OF $200,000 FROM THE FLORiDA DEPARTMENT OFSTATE, DIVISION 'OF CULTURAL AFFAIRS, CULT RAL FACIL ITiES PROGRAM GRANT;CONTAINING A REPEAL „PROVISION AND A SEVERABILiTY CLAUSE.' r " . •. ORDINANCE N0.10511 AN ORDINANCE REQUIRING AN'OATH OR AFFIRMATION' BY PERSONS. WISHING TO. TESTIFY_ BEFORE THE CITY COMMIS SION`:bURINGaTS CONSIDERATION OF;A MATTER'ARISiNG ron..'noiu,neo-nlc-monk,ainkiaetc nlraeune'r�n-nrnn'+ �r h.� r»nc,�ucv,„,civ,�.nv. vn n,�v.. ,,,� ,-•v ,::.. MIAMI..PRESCRIBING'THE FORM OF'SAID OATH OR.AFFIR MAT.iON. TO-.13E: ADMINISTERED-'BY;THE CITY: CLERK, EXEMPTING FROM SAID GENERAL REQUIREMENT. THOSE -PRACTICING ATTORNEYS WHO,ARE SO.LI,CENSED'BY`7HE STATE'OF FLORIDA'AND WHO ARE APPEARING :BEFORE THE 'CITY COMMISSION ON'BEHALF.OF'A CLIENT; CONTAINING A REPEALEWPROVISION AND`A SEVERA$ILITY CLAUSE, PROVIDING FOR INCLUSION IN THE CITY CODE. Said ordinances tray be inspected by the public at. the Offioe';of the Clty oClerk; 3500 -Pan American .Drive, Miami,'. Ftorida,:Monday through`: Friday, excluding holidays, between th'e hours of 8:00 A.m and 5 00 p mY (5089) MATTY HiAAI CITY CLERKI, MIAMI, FLORIDA 12/8 88.120840M''