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HomeMy WebLinkAboutO-1018110/�S/86 ORDINANCE NO 1 01 8 1 AN ORDINANCE AMENDING SECTION S OF ORDINANCE NO, 1008Y, ADOPTED MARCH 18, 1086, WHICH GENERALLY REQUIRES THAT PERSONS ENGAGING TN LOBBYING ACTIVITIES IN THE CITY REGISTER WITH THE CITY CLERK BEFORE ENGAGINO TN LOBBYING ACTIVITIES, BY CLARIFYING THE DEFINITION OF "1,OBBYIST" THROUCH RESTRUCTURING THE PROVISIONS OF SAID SECTION, ADDING LANGUAGE THERETO AND DELETING LANGUAGE THEREFROM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 2 of Ordinance No. 10087, adopted March 18, 1986, is hereby amended in the following particulars:l "Section 2. Lobbyists* Registration and Reporting• Exemptions: Penalties (a) As used in this section,' (1) "Principal" means the person, firm, corporation, or other entity which i has employed or retained a lobbyist t and pays such lobbyist any remuneration or expenses for lobbying activities in the City: encot1lage blie—passage, defeat, or dectston or iatton of any board, conautttee or Ctty Manager of Words and/or figures stricken through shall be deleted.. Underscored words and/or figures shall be added. Asterisks indicate omitted- and unchanged material. The remaining provisions are now in effect and remain unchanged "Lobbyist" does not pevoot who me —toll appears before the City c"omrnission C� ty board o committee or the Ctv Ijanager in an individual capacity for the purpose of self representation or f or the rerresenta.ti on of others faith compensation or reimbursement to exnres support of or in op-OOS tion to (i) any ordinance solution decision or action of the City Commission or (ii) anX resolution action recommendation or decision of any City board or committee or (iii) anv action decisi on or recommendation of the City Manager. (ff) "Lobbyist" does not mean a person who pursuant to the terms of a collective bar�a�,�; ng_ agreement has been desina.ted. and so recoS!nized by the City as b in¢ a representa.ti & o£ a soi�®et�ve bargaining un t composed of City employees. ( 3) Lobbyists shall, before engaging in such lobbying actiVity, register with the City Clerk's office, OIS person, firm or cortoration required gistsr as a lobbyist shall register on prepared by the City Attorney and state under oath the lobbyist's name, ess address, the name and business ss of each principal represented, any the time of said registration, any matters pending where the City is involved including, but not limited to, building planning and zoning matters where no certificate of occupancy has been issued or where the time for any appeal from any ordinance, resolution, decision, action or recommendation has not expired, and the general and specific areas of Lobbyist interest in any City matter. Separate registration is 'required for each principal represented. (c) (d) (e) (f) (g) (h) (t) Any person who merety appears before Manager or d member of staff thereof tn tndtvtdua! capdotty for the purpose of compensatton or retutbU.WSMILellt to express deatston or act . _, _19 - stapf shall not tstet'-t5 An7 person 'representative Section 2. 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 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. day a PASSED ON FIRST READING BY TITLE ONLY this 23rd yf o October f 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11t-h day of November 1986. ATTEq XAVIER L. U EZ, MAYOR ®r MATTY HIRAL CITY CLERK PREPARED AND APPROVED BY: APPROVED TO FORM AND CORRECT SS,t / /,W ROBERT F, CLAR b CIA A. DOUGHERTY CHIEF DEPUTY CITY ATTORNEY CITY ATTORNEY RFC/bss/M072 p1� 1: c� CIfY OF M1AM1. #L.6016A Ih11`tM,OF't=tCir MVM6ftANCitJM . #c nc�rab Mayor and Members DATt ltovember 3 , 1988 �a of the t? Commission sU8j cr tobbyist tegtl .atiOn _ drdinande (�160�7) i u is A . Doughert4 4f►EPENCE9 City Commission Agenda City Attorney gov/etber 13, 1986 �l1:'.45�AE8 C 1) At the meeting of October 23, 1988 this proposed amendatory ordinance was passed on first reading. At that time , a question was raised as to whether the registration requirement contained in the Ordinance applies to individuals coming into contact with City employees other than the City Manager or his staff. Please be advised that the following language in the ordinance which governs this situation contains two amendments which are underscored below for emphasis. ,. Lobbyist ... means >l-11AJ A p ' ors , f i,,^Lms . corngr .ion'9`l.:nploy7.d or retained by 8 pry nA y o saesaeX to encourage t,O rasss.Vg defeat, or m di-f S73ition of . Any _aotlj on. deoislon . or recommendation of -thg_ City Manager dAXIng. the tins nerj;2d of the entire c]AC S on. maker ti goons -on Lch action., duo n fir. e� ommer ati n Whig)Whig)jj foregeaablv will be reviewed b7Z the City Commission...." (Section 2(aa), pp. 2-3). In practice, the latter amendment is satisfied when any person contacts a department director (or a departmental employee) in an effort to have the City Manager make a reoommendation (positive or negative) to the City Commission on a matter before it. Such person would be required to register; provided such person is also being paid for making the contact; i.e. the former amendment above must also be present before such person would be required to register. In light of the above, we have made no changes to the proposed ordinance which is being considered on second reading. LAD/RFC/bes/P288 co:" Cesar H. Odio, City Manager Matty Hirai, City Clerk City or WAW, PrL6 ibA ifv" IEA-CIF ICE MtMOAANt'bum ,a Pion r tiaynr And Members DATE October 3. 1966 �iLE of thf,7it7 Commission Sue.ECT Lobbying gegulatory OtdinancE A. boughert Proposed Amendment AoM City Attorney 4EPEOENCEs ENCLOSURES Due to a -perceived need for clarity in connection with the basic element of the above ordinance: i.e., the definition of. a "lobbyist", we have restructured the ordinance language in this regard. For public guidance and ease of interpretation, the ordinance language will now specify in one paragraph (Section 2(a)) who is a=d who is not a "Lobbyist". The restructured ordinance will maintain the level of control and public scrutiny intended by your adoption of the original ordinance By means of the somewhat extended outline format, we have p. attempted to identify, more clearly, the conduct which CO' it constitutes lobbying activity as being (a) conduct that might impact upon your deliberative actions, and (b) conduct that might impact upon the deliberative actions of any City board or committee. City employees and City consultants when acting as such are expressly identified as not being lobbyists. .Because of the penal provision contained in the original ordinance`, it is our recommendation that the attached proposed ordinance be adopted as an emergency measure thereby avoiding, as much as possible, any risk or detriment to the public which might result from mininterpretation of the original ordinance language. The City Manager is hereby requested to schedule this item for the October 23rd meeting thereby allowing you and the City Manager an opportunity to review the changes and offer any input _ or comment you may deem necessary prior to the October 17th Agenda Packet distribution date for said meeting. LAD/RFC/bss/P278 cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk CITY OF MIAMI bAbE COUNTY, FLORIDA Lt(JAL NOTICt All interested persons will take notice that on the 131h day of November. 1986. the City Commission of Miami. Florida, adopted the fallowing titled ordinances: ORDINANCE NO. 10177 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 3. 4. 5 AND 6 OF ORDINANCE NO 10039, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 3U, 1986, AND ADDING A NEW SEC- TION 5.1 TO SAID ORDINANCE FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND p� jIMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY MIAMI ( REVIEW WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPALS Published Daily except Saturday. Sunray and Legal Holidays Miami, Dade County, Florida, STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle 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 ORDINANCE NO. 10181. in the ..... XXX .' . . ...... ..... ... . Court, was published in said newspaper in the issues of Nov. 21, 1986 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 said Dade County, Florida. each day (except Saturday, Sunday and Legal Holidays) and has 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 afflant fun or says that she has neither paid nor promised any person, 1 or corporation any discount, rebate, commission or relu r the purpose of securing this advertisement for publics o in the s 'd newspa4'j per .. ... ..... .. % 4SworR-•to' and "subscribed before me this 21St d o :a,. ..1�JAve e1 - .. A,o.19. _ 86 Ionia ailigan Notary Public, State;of Florida at Large * tii (SEAL) 1< ` My Commlo -on expires Decembn-_,4' 1986. MR 110 fr' rF r fn AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10178 AN EMERGENCY ORDINANCE AMENDING SUBSECTIONS (A)(2)'AND (13)(1) AND (2) OF SECTION 30-53, ENTITLED "GREEN FEES" AND SUBSECTIONS (A)(1) AND (B) OF SEC- TION 30.54, ENTITLED "CART FEES"; AND SUBSECTIONS (B) AND (E) OF SECTION 30.55. ENTITLED "SPECIAL RATES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10179 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10100, ADOPTED APRIL 22, 1986, WHICH REGULATES NONMOTORIZED VEHICLES FOR HIRE, BY REMOVING THEREFROM A TIME LIMITATION SET FORTH THEREIN UPON THE OPERATION OF HUMAN -POWERED VEHICLES IN THE CENTRAL COCONUT GROVE DISTRICT; ALSO, BY ADDING THERETO ADDITIONAL RESTRICTIONS AND REG- ULATIONS UPON THE CONDUCT OF CHAUFFEURS OF NONMOTORIZED VEHICLES; AND BY ADDING THERETO AN ADDITIONAL REASON FOR DENYING, SUSPENDING, OR REVOKING THE OCCUPATIONAL LICENSE OF THE PER- SON ENGAGED IN BUSINESS AS THE OWNER OR PROPRI- ETOR OF A VEHICLE REQUIRING A LICENSE UNDER SAID ORDINANCE; MORE PARTICULARLY AMENDING SECTION 20(3), SECTION 3A(2), AND SECTION 5B OF SAID ORDI- NANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO. 10180 AN EMERGENCY ORDINANCE ABOLISHING THE DEPART- MENT OF COMMUNICATIONS AND PROVIDING FOR THE TRANSFER OF PERSONNEL, RECORDS, AND EQUIPMENT BUDGETED IN THE,FY 1986-87 BUDGET OF SAID DEPART- MENT: ALSO CONSOLIDATING FUNCTIONS OF SAID DEPARTMENT WITH THE DEPARTMENT OF COMPUTERS, DEPARTMENT OF DEVELOPMENT, AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT WHILE AUTHORIZING EXPENDITURE OF APPROPRIATED` FUNDS BY THE DEPARTMENT OF COMPUTERS, DEPARTMENT OF DEVEL- OPMENT, AND THE DEPARTMENT OF COMMUNITY DEVEL- OPMENT: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10181 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 10087, ADOPTED MARCH 18 1986, WHICH GENERALLY REQUIRES THAT PERSONS ENGAGING IN LOBBYING ACTIVITIES IN THE CITY REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES, BY CLARI FYING THE DEFINITION OF "LOBBYIST" THROUGH RESTRUCTING THE 'PROVISIONS `OF SAID SECTION, ADDING' LANGUAGE THERETO AND DELETING LANGUAGE THEREFROM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: Said ordinance(s) may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami,' Florida, Monday through Friday, excluding holidays, between the hours of 8:00 A.M. and 5:00 P.M. L�SV OF ti MATTY HIRAI CITY CLERK o •.�r.� 1:rr. a CITY OF MIAMI, FLORIDA (t14104) O,o �O' 1112 86.1121148M MR110 REV:FORMS Miami Raview 10/um sw MIAMI R8VISW Published Daily e,cpbt Saturday Sundav and CITY OF MIAMI DadeaQal Roma Floridays I DADS C iUNTN'j, FLORIDA Miami. Dade Cquny. CbUN OFFLORIDA ` NOtItt OF 0$%000ftb tlAbINANL� COUNtY OF DADS. i 13010ris the uhderstgned authotify pataotially appeared Notice is hereby given that the City Commission of the City of Octfiilm"a V. keirb", Who 00 oath Mya that she la fhb Supervisor ( Miami, Florida, will consider the following ordinance(s) on second of legal Advertlafng of the Miami RBvlbw and dilly Recotd, a i and final reading on November 13. 1986. commencing at 9:00 A.M. in ditty(etesol SafutUay, Sunday And legal Holidays) newspaper, the City Commission Chambers. 3500 Pan American Drive, Miami, published At MIAMI In Clyde County, Florida; that this attached Florida COPY Of adverflaemerfl, Who a legal Advertfaemahf of Notice in the maftar of ORDINANCE NO. — AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. CITY OF MV01I 10067, ADOPTED MARCH 181986, WHiCH GENERALLY REQUIRES PROPOSED C?RbTidflNCi THAT PERSONS ENGAGING IN LOBBYiNG ACTIVITIES IN THE CITY REGfS1 ER WITH TILE CITY CLERK BEFORE ENGAGING IN LOBBY 1'.O. 4095 ING ACTJViTI(-_F, BY CLARIFYING THE DEFINITION OF "LOBBY I;;T'''t+Pr)I},;u raPcrr;i_ir'l.�PihiC: THE PROVISIONS OF SAID SEC- TiON. ADDING LANGUAGE THERETO AND iJELErING LANGUAGE In the Xxx Court, THEREFROM, CONTAINING A REPEALER PROVISION AND A SEV was published in said newspaper in the Issues of ERABILITY CLAUSE, Nov. 3, 1.986 Said proposed ordinance may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami. -Florida. Monday through Friday, excluding holidays, between the hours of 8:00 A.M. and5`700 P.M. Afllanl further says that the said Miami Revlow and Daily Ail interested persons may appear at the meeting and be heard Record is a r»w,papar published at Miami In said Dade County, With respect to the proposed otdinance Florida, and that the said newspaper has heretofore been continuously published In said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been Should any person desire to appeal any decision of the City Come entered as second class mail ratter at the Post' office In mission with respect to any matter to be considered at this meeting. IIkmf In said Dods Count Florida, lot a period of one year that person shall ensure that a verbatim record of the proceedings is preceding the first publlcaNO" of the attached copy of advertlpntent; and affNnt usays. That she has neither made made including all testimony and evidenceupon which any appeal frther paid nor promised any or corporation any discount. may be based. e, commission or of or t nisamant to a purpose of securing this p P{M1 + . j0,� "to no paper. � MATTY HIRAI CITY CLERK CITY OF MIAMi, FLORIDA i ...... (d4095) ..• Qil t' Swtifi t� an0+aubeorlGd before me this 9of c`--F�o�`l a ttl3 Yv y 86-tt0301M 3rd ; day of :Ko�elnber. A.D. Ig.86 I t� Arils Haiti an z• Notary Arbtic late of F(orids at Large (SEAL) rJ,,rr.:.,3�''.`. My Commission explras Doc. 23, 1986.