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Home My WebLink AboutO-10478J-88-704 7/7/88 ORDINANCE NO. 10478 AN ORDINANCE AMENDING SECTION 2-313 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CORRECT A SCRIVENER'S ERROR IN THE DEFINITION OF THE TERM "LOBBYIST" AS SUCH TERM APPEARS IN THE CITY'S ORDINANCE WHICH GENERALLY REQUIRES THAT PERSONS ENGAGING IN LOBBYING ACTIVITIES IN THE CITY REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES, TO PROVIDE BY SUCH CORRECTION THAT PERSONS ENGAGING IN SUCH ACTIVITY IN BEHALF OF THEMSELVES OR IN REPRESENTATION OF OTHERS WITHOUT COMPENSATION OR REIMBURSEMENT NEED NOT SO REGISTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 10087, adopted on March 18, 1986, established requirements for Lobbyist registration and reporting; and WHEREAS, Ordinance No. 10181, adopted on November 13, 1986, amended Ordinance No. 10087 by clarifying the definition of lobbyist through restructuring the provisions and by adding and deleting existing language; and WHEREAS, a scrivener's error has been discovered in Ordinance No. 10181, appearing in codified form as City Code Section 2-313 in the definition of the term "Lobbyist"; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 2-313 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: .1/ / Word stricken through shall be deleted. Underscored word shall be added. Asterisks indicate omitted and unchanged material. The remaining provisions are now in effect and remain unchanged. A 01-m - "Sec. 2-313. Definitions. As used in this article: "Lobbyist" does not mean any person who merely appears before the city commission, city board or committee, or the city manager in an individual capacity for the purpose of self -representation or for the representation of others with without compensation or reimbursement to express support of or in opposition to any ordinance, resolution, decision or action of the city commission, or any resolution, action recommendation or decision of any city board or committee; or any action, decision or recommendation of the city manager. * 11 Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in oonflict with the provisions of this Ordinance are hereby repealed. Section 3. 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. This Ordinance shall be effective and the provisions thereof, unless otherwise indicated, shall become operative in accordance with City Charter provisions. PASSED ON FIRST READING BY TITLE ONLY this 21st day of July , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day Of September 1988. XAVIER L. SUA MAYOR ATT MAT HIRAI CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: ROBERT F. CLARK JO.GE L LFERNAJEZ CHIEF DEPUTY CITY ATTORNEY CI Y AT Y RFC/BSS/M351i,Nfatty Huai, Clerk of � of NIiat1:'. )rin�id herel)y cert'iTv tliat on theme p (tly of., -1% 19_,S�:4 a fuii, lrvc attd rnrrect copy of the Atm! "'A ;rec}oing ordiw,)I cc w;l- }r.) .tcd .;t thfa `i^•uth Dot-. Dade Count;: ttt tilit providwd :.} u�tices and puhli_ati,,ns I»- att<t:hingg sAd copy to ii►c ,)nice provided therefor. Wl�'NESS my hand Pnd tlu; 9fficial seal of said. City ibis-/ _day of_ 0 . ll. 19.,�d rAt:!�� y Clerk IL0478t CITY OF MIAM1. FLORIDA INTEROFFICE MEMORANDUM ' DATE: Honorable Mayor and Members of a 4Fern sion SUBJECT °ROM JOT LREFERENCES: City Attorney • ENCLOSURES: 'ILE: July 7, 1988 J-88-704 Correction of scrivener's error/Lobbyist Ordinance City Commission Agenda Item July 21, 1988 (1) At the time.Ordinance No. 10181 was adopted (11/13/86), amending the City's original Lobbyist Ordinance (No. 10087, 3/18/86), the following paragraph was repositioned with the intent of lending clarity to the provisions of the Ordinance by spelling out what the word "Lobbyist" did not mean while -also using definitive language to express its meaning in positive terms. "Any person who merely appears before the City Commission, board, committee, City Manager or.a member of staff thereof in an individual capacity for the purpose of self -representation or for the representation of others without •compensation or reimbursement to express support of or in opposition to any ordinance, resolution, decision or action of the City Commission-, or action, recommendation or decision of any board or committee, City Manager, or City Manager's staff shall not be required to register as a lobbyist. Any person who, pursuant to the terms of a collective bargaining agreement, has been designated, and so recognized by the City, as being a representative of a collective bargaining unit composed Of City employees shall not be required to register as a lobbyist." (Emphasis supplied) In the restructuring process, the paragraph was retyped with the underscored word "without" appearing as "with" in the final version of the amendatory ordinance (No. 10181). In view of this scrivener's error, we are. recommending that you adopt the attached proposed corrective ordinance on first reading at your July 21st Meeting. Pending the adoption of this ordinance and its becoming effective, we will take no enforcement measures against those lobbyists who either have not registered or have not been timely in filing the required periodic reports with the City Clerk. JLF/RFC/bss/P578 ce: Cesar H. Odio, City Manager Att :.: Aurelta .Terez-Lugones' Matty Hirai; City Clerk soa7s7; 3 y -/ 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 Octelma V. Ferbeyre, who on oath says that she is the Supervisor 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 # 5 0 2 6 CITY OF MIAMI ORDINANCE NO. 10478 Inthe ............. X.. X ..X................... Court, was published in said newspaper in the Issues of Sept. 14, 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 published in sold Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter of the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached cop of advertisement; and afflant frther says that she has no Id nor promised any perso firm or corporation a scount rebate, commission or r and for the purpose curing t Is advertisement for 'to 9nd *Ibed before me this 1.4. dog ol�4'• 0 el `.•',..!. A.D. is..... 88 ' Jape ch 4 • A'sTNclib i o da at Large (SEAL) O ' . •' �� My Comm isifgn-4x2lMs Juine 1L419kO MR 115 "1/140R;Q1P,�,``�� MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. h STATE OF FLORIDA U COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor 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, bgJr�g @ Least Advertisement of Notice In the matter of PO V 7 0 0 0 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE RE: AN ORDINANCE AMENDING SECTION 2-313 OF THE CODE OF THE CITY OF MIAMI In the ...... x,..X... x.......................... Court, was published in said newspaper In the Issues of August 26, 1988 Afflent further says that the sold Miami Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously Saturday, Sunday and Legal Holidays) Florida, 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 aHiant further says that she has ne id nor promised any person, rm or corporation any oun6 abate, commission or ref, for the pur�p �p of ring th advertisement for oubil tloA In the 8@ttl` Is n ; //, / l."��`. �. — .. 1= .......... Sv .rrn(y jy subecribea before me this U, t�L77 (1! .2.6... day o1R{ ....� .g. ;S� j.. •.(D,;; A.D. 19. .. d'gnet, anc �,rNolary'a�ttll "tt of o da at Large (SEAL) //rtllflllHttt, My Commission expires June 21, 1991. MR 116 I—