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Home My WebLink AboutR-88-0738N °4� J-88-735 7/21/88 i•�1 RESOLUTION NO. r'S , 1• l A RESOLUTION ESTABLISHING A COMMITTEE COMPOSED OF ONE MEMBER OF THE CITY COMMISSION AND THE CITY ATTORNEY, OR HIS DESIGNEE, TO ASSIST THE CITY CLERK IN THE CANVASSING OF ELECTION RESULTS ON THE NIGHT OF THE ELECTION; PROVIDING THAT NO COMMISSIONER SHALL BE SO DESIGNATED WHO IS A CANDIDATE FOR OFFICE AT ANY REGULAR ELECTION WHERE CANDIDATES FOR THE CITY COMMISSION ARE BEING NOMINATED OR ELECTED; FURTHER DESIGNATING COMMISSIONER J.L. PLUMMER, JR. TO SERVE ON SAID COMMITTEE FOR THE ELECTION SCHEDULED FOR SEPTEMBER 6, 1988 . BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An elections committee is hereby established to be composed of one member of the City Commission and the City Attorney or his designee, to assist the City Clerk in the canvassing of election results on the night of the election. No City Commissioner who is a candidate for office at any regular election where candidates for the City Commission are being nominated or elected shall be designated to serve on said committee. Section 2. The member of the City Commission hereby designated to serve on the herein Committee for the election scheduled on September 6, 1988 is Commissioner J. L. Plummer, Jr. PASSED AND ADOPTED this 21st day of —J-ulv 1988. A E XAVIER L. AREZ, MAYOR MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY RFC:bss:M761 APPROVED AS TO FORM AID CORRECTNESS: CITY ATTORNEY, CITY COMMISSION MEETING OF JUL i9oc� RESOLUTION N., REMARKS 'vrvOR�.. 1 l ) I i; .�-t -- . i ;NTER•OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission r rQo� 4-joe L. Fer andez -- r LE July 21, 1988 City Commission Meetings: 7/14/88-Agenda Item: #C39 =='cRE"v�ES City Attorn 7/21/88-Agenda Items: #2, #4, _'.CLOSURES 45, #15. #33 and Non -Agenda (4) The following information and material should be considered by you in your deliberations at today's Meeting. The City Clerk has informed our office that the continued items from the July 14th Meeting Agenda will be designated with the letter "C" preceding numbered items from that Agenda: Agenda Ttem #C39 (J-88-696) [Resolution rescinding portion of previously adopted Resolution, allocating funds, approving guidelines for pilot program and authorizing contracts] We have been informed by the City Clerk that on July 14th in your consideration of this item (City-wide Business Development Pilot Program/Guidelines/Loan Committee) no roll call vote was taken on either the enlargement of the Loan Committee to include Assistant City Manager Herbert J. Bailey or on the agenda item itself. Accordingly, we have added the name of Herbert J. Bailey in the Resolution and request that you formally adopt this item which essentially formalizes your previous action at the June 23, 1988 City Commission Meeting. Agenda item #2 (J-88-714) [Resolution accepting donation of vehicle] We have added language to this Resolution that will condition your approval of the donation of a vehicle from the Integrity Insurance Company "upon compliance with all applicable state and/or federal laws"; also added to the Resolution is the serial number of the subject vehicle. 88--'73h R8--'738 Honorable MayordPnd Members of the City Comm,ssion July 21, 1988 Page 2 Agenda Stem #4 (J-88-715) [Resolution allocating funds and authorizing an agreement to establish a homeless shelter] The terms and conditions of the agreement in regard to the homeless shelter grant implementation were not reflected in the Packet Material and a copy of the Agreement is attached for your consideration. SQenda Item #5 (J-88-716) [Resolution approving professional services agreement for drug screening services] At the time of Agenda Packet distribution. the subject agreement of this proposed resolution was not available. For your reference, we are attaching the agreement which has been approved by our office. NOTE: At the time the Consent Agenda is voted upon, if Item 42 is not removed from the Consent Agenda and oonsidered separately, there should be an announcement made by the Mayor that Item #2 is being voted upon 'as modified". AopndA Item #15 (J-88-699) [Ordinance acknowledging and consenting to merger of City Franchisee with N.U.I. Corporation] To fully protect the interest of the City and pending receipt of necessary documentation, we have added the following language to the Ordinance as distributed and inserted language in the title to reflect the conditional nature of your approval: "The herein acknowledgment and consent is predicated (a) upon the current Franchise being in compliance with all applicable provisions of county, state and federal law; (b) upon the receipt by the City Attorney of a report from the City Manager that payments due the City under the Franchise have been paid and are not delinquent; and (o) upon the City Attorney's receipt of proof that all insurance requirements under the Franchise have been met. When the provisions of (a). (b) and (o) above have been satisfied. the City Attorney shall file a written certification to that effect with the City Clerk." SS—'73b SS—"738 P Honorable Mayes_ and Members July 21. 1988 of the City Commission Page 3 We have just been informed by counsel for the City Franchisee that the existing Franchisee (City Gas Company of Florida) is being absorbed by merger into Elizabethtown Gas Company of New Jersey instead of N.U.I. Corporation. Accordingly, a new ordinance reflecting this relationship is being prepared and will be distributed to you prior to your consideration of this item; all of the conditions noted above appear in the modified ordinance. Agenda Item #33 (J-88-738) [Discussion of requirement that any future leases of City -owned property to private clubs contain an affirmative action plan] As a frame- of reference in the consideration of this item you will find attached a copy of the City's Minority Procurement Program Ordinance. Suggestive counterpart language in connection with this subject is reflected in the attached proposed ordinance that incorporates language that has been i luded in some past lease agreements where private c jj2a have leased City -owned property. NON-SCHED ED,ITEMS In addition to a previously forwarded Non -Agenda Item (J-88-732); namely, an emergency ordinance adopting recent revisions to the South Florida Building Code, our office has prepared a resolution (J-88-735) at the suggestion of Commissioner Plummer and upon request of the City Clerk: Non Agenda Item (J-88-735) [Resolution establishing a Committee to assist canvassing of election results on the night of an election] As evidenced by the attached memorandum of November 6. 1985, the City Clerk is empowered by the City Code to perform all duties and functions in connection with municipal elections. Ms. Hirai requested that we prepare the attached resolution which provides for the appointment of an Elections Committee composed of one member of the City Commission and the City Attorney, or his designee, to assist the City Clerk in the canvassing of election results on the night of the election. JLF:RFC:bss:P586 88-'7.38 88--'738 SK Honorable Mayo. and Members July 21, 1088 of the City Commission Page 4 oo: Cesar H. Odio, City Manager Natty Hirai, City Clerk Herb Bailey, Assistant City Manager Angela Bellamy, Assistant City Manager Chief Perry Anderson, Police Department Carlos N. Garcia, Director, Department of Finance Frank Casteneda, Director, Department of Community Development Ron E. Williams, Director General Services Administration Al Armada, Property and Lease Manager Linda K. Kearson, Assistant City Attorney Rafael Suarez -Rivas, Assistant City Attorney Adrienne L. Prisoner, Assistant City Attorney 88-'7'38 88-'738 — / CITY Or MIAM1. RLORIOA • tNTlR-OF�1lC'rtt'��101.1M ..3� NOY -6 r; Gs 33 MATTY HIRA ��- NOVEMBER 60 1985 P"C CITY C i �.� ► I I t- �' CI i Y "��•"f ,'I_! .!, F��, CANVASS OF ELECTION LUCIA A. DOUGHERTY CITY ATTORNEY You have asked what role the city City elections, including the results. You have also asked who returns. • rpefttNCt1 FMCLOSVACS Clerk performs in connection with canvassing and declaration of adjudicates protests of election In response to your first question regarding canvassing and declaration of results, please be advised that although state law regulates the canvassing methods and procedures for County elections, it is silent with respect to municipal elections. Hence, section 16-10 of the City Charter empowers you to perform all duties and functions appropriate to the conduct of municipal elections, which includes the canvassing and declaration of results. Please find attached such a certification for the primary election. In answer to your second question regarding protests of returns, the City Commission is the judge of its own elections pursuant to 4(d) of the Charter, and should you receive a protest of the election returns you should -immediately forward same to the Mayor and each Commissioner for consideration by the Commission. LAD Ikt