HomeMy WebLinkAboutO-10109d$1
J-96- 349
ORDINANCE No. I Q 1 U 9
AN ORDINANCE AMENDING SECTION 62-47, "SIZE
OF BOARDS AND TERMS OF OFFICE"; CHAPTER 62
"ZONING AND PLANNING" OF THE CITY CODE TO
ALLOW PLANNING ADVISORY BOARD MEMBERS TO
CONTINUE TO SERVE IN OFFICE AFTER THEIR
RESPECTIVE TERMS OF OFFICE EXPIRE, SUBJECT
TO REAPPOINTMENT OR A NEW APPOINTMENT,
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, by Resolution PAB 9-86; February 19, 1986, the Planning advisory
Board by a vote of 8 to 0 requested the Planning Department to prepare an
amendment to Chapter 62 of the City Code which would allow Planning Advisory
Board members to continue to serve in office, after their respective terms of
office expire, until there is a reappointment or a new appointment, consistent
with Zoning Board members' terms of office; and
WHEREAS, the City Commission finds that such an amendment would be in the
best interests of the citizens of the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Section 62-47 "Size of boards and terms of office", Chapter
62 "Zoning and Planning" of the City Code is hereby amended as follows:l/
"Sec. 62-47. Size of boards and terms of office.
The Planning Advisory Board and the Zoning Board shall each consist of
nine (9 ) members and one (1) alternate member to be appointed by the City
Commission in the manner and under the standards hereinafter set out. Each
member and alternate member shall be appointed for a term of three (3)
calendar years, provided that of the members of each board first appointed
under this article, three shall be appointed for a term of three (3) calendar
years each, two (2) shall be appointed for terms of two (2) calendar years
each, and two (2) shall be appointed for terms of one (1) calendar year each,
subject to the provisions of Section 62-48, and provided, further, that the
1/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.
All figures are rounded to the nearest dollar.
under this article, three shall be appointed for a term of three (3) calendar
years each, two (2) shall be appointed for terms of two (2) calendar years
each, and two (2) shall be appointed for terms of one (1) calendar year each,
subject to the provisions of Section 62-48, and provided, further, that the
alternate member of each board first appointed under this article shall be
appointed for a term of one (1) year subject to the provisions of Section 62-
48, and provided further, that the two (2) members of each board first
appointed under this article during calendar year 1984, shall be appointed for
a term of the remainder of the 1984 calendar year subject to the provisions of
Section 62-48. Notwithstanding the above, however, members of the Planning
Advisory Board and Zoning Board may continue to serve, after their respective
terms of office expire, subject to reappointment or to a new appointment to a
new term of office by the City Commission."
Section 2. All ordinances, code sections, all parts thereof in conflict
herewith are hereby repealed insofar as they are in conflict.
Section 3. Should any part or provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole.
PASSED ON FIRST READING BY TITLE ONLY, this 7th day of
May , 1986.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY, this 120h day
of Ji)mP , 1986.
ATTEST:
f
GM CLERK
REVIEWED AND APPROVED BY:
,tiUE�1�XWELL
ASSISTANT CITY TORNEY
L•
MAYOK
1, N'(atty llir:)i, Clrrlt 4J the C*t Of Mi.)n1i. 1-T:ri�1a,
i'1' I:. 'tl , :I�t•. i1 ..' �I •il ,11 '.r.'i: l:i;; .: : (1 0)F)j' t0
�`.:' 'I' �t.., n•, I:., iu :I::;i the o,fllii:.l s+-•al ))C said
Lily liti:._kla ut _ `' - 1). 19
,
APPROVED AS -M {.D- --
CORRECTNE its• 'lerk
L VV IJI "' YVVV
CITY ATTORNEY
1c109
i
CITY OF MIA MI. FLORIDA 39
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members DATE: April 24, 1986 FILE.
of the City Commission SUBJECT
City Commission Agenda
FROM: ! REFERENCES:
Cesar H. Odio V" ENCLOSURES: Term of Office: Planning
^1
City Manager Advisory Board
It is requested that the Commission amend
Section 62-47 "Size of Boards and Terms of
Office" of the City Code to allow Planning
Advisory Board Members to continue to
serve in office, after their terms expire,
until there is a new appointment or
reappointment, per the attached Ordinance.
By Resolution PAB 9-86, February 19, 1986 the Planning Advisory Board
requested the Planning Department to prepare an amendment to Chapter 62 of the
City Code which would allow Planning Advisory Board members to continue to
serve in office, after their terms expire until, there is a new appointment or
reappointment, consistent with Zoning Board members' terms of office.
The Commission can establish its own policy for the duration of service. In a
legal opinion issued in 1983, (attached) prepared in the absence of definitive
legislation, the Law Department drew a distinction between "officers" who were
delegated power (in the instance of the Zoning Board) and those boards that
are only recommending bodies (as in the case of the Planning Advisory Board).
Attachments
10109
i
CITY OF '11 `11. FLOPIDA
�w u
J•i 2 JR-C 'i• 1�`i`.=1���iF1''f. 1C't�11 ititi-.j `
To -�
Sergio Rodriguez, Director October 17, 1983 -= A-83-357
Planning Department MIA-83-14
�Mquest for Legal Opinion
on Terms of Office for City
of Miami Board Members
Jose R. Garcia -Pedrosa L^�j -F3 `'
City Attorney /�
1 ! ..NCLC5U�iE5
This is in response to your request for a legal opinion on
essentially the following question:
IS IT MANDATORY THAT CITY OF MIAMI BOARD
MEMBERS IMMEDIATELY LEAVE OFFICE UPON THE
EXPIRATION OF THEIR DESIGNATED TERMS OR CAN
THEY SERVE UNTIL THEIR REPLACEMENTS ARE
NAMED?
You have indicated that pending vacancies on the Heritage
Conservation Board serve as the catalyst for your request.
Consequently, and because of the large number of City Boards
(22), I will couch my response in terms of said Board and other
Boards operating within the purview of Planning.
As a general rule, sometimes by reason of express
constitutional or statutory permission, municipal officers hold
over after the expiration of their terms of office until their
successors are chosen and qualified. 62 C.J.S. Municipal
Corporations §498. The Constitution of the State of Florida
provides that all state, county, and municipal officers shall
continue in office after expiration of their terms until
successors are duly qualified. Art. II, 95(b), Fla. Const. This
Constitutional provision prescribes the duty as well as the
substantial right of an incumbent to continue in office as a "de
jure officer" at the expiration of his term until his successor
is duly qualified. Landis v. Bird, 163 So.248 (Fla. 1935).
The answer to your question depends on whether a member of a
particular City Board is an "officer" as contemplated under the
aforesaid Constitutional provision. In State v. Jones, 84 So.84
(Fla. 1920), the court held that:
A public officer is a person in the service
of the government who derives his position
from a legally authorized election or
appointment, whose duties are continuous in
their nature and defined by rules
prescribed by government, and not by
I o109
i
Sergio Rodriguez, Director
Planning Department
October 17, 1983
Page 2
contract, consisting of the exercise of
important public powers, trusts, or duties;
the place and the duty remaining though
incumbent dies or is changed.
The term "office" implies an authority to exercise some part
of the sovereign power either in making, executing, or
administering the laws. State v. Jones, su ra, at 86; Dade
County v. State, 116 So. 72 (Fla. 192 ). Consequently, an
o icer s one to whom there is a delegation of a portion of the
sovereign power and whose duty it then *becomes to perform or
discharge all powers of the sovereign so conferred. Pace v.
King, 38 So.2d 823 (Fla. 1949); State v. Hurlbert, 20 So.2d 693
(Fla. 1945); State v. Lee, 7 So.2d 110 (Fla. 942).
Chapter 62 of the code of the City of Miami establishes
several Boards for purposes of implementing, coordinating, and
administering Comprehensive Plans for the City. The
establishment and delegation of authority to these Boards is
provided by charter and legislative act. MIAMI, FLA., CHARTER
§72(c); §163.3161 et seq., F1a.Stat. (1981). Specifically, the
Zoning Board was established and delegated authority and
responsibilities under the continuous Comprehensive Planning
Program required by Chapter 62 of said Code. MIAMI, FLA., CODE
§62-12 (1967). In 1982, the City Commission established the
Heritage Conservation Board and delegated authority and
responsibilities in carrying out provisions of pertinent City
ordinances relative to Heritage Conservation and Environmental
Preservation. MIAMI, FLA., CODE §62-70 et seq. (1982).
It is important to note that although Chapter 62 also
established the Planning Advisory Board (hereinafter referred to
as "PAB") pursuant to the Comprehensive Planning Act [Chapter 163
F1a.Stat.], the PAB's members are not "officers" for purposes of
Art. II, §5(b). This is true because the PAB's power is limited
to information -gathering and advisory only. It is not vested
with the authority to exercise any aspect of the sovereign power
of the City, the possession and exercise of such delegated power
being an identifying characteristic of an "office." The exercise
of such power in the instant situation (e.g., zoning, establish-
ing boundaries, granting permits, granting variances, hearing
appeals, and special exceptions) is reserved to the Commission,
Zoning Board, and Heritage Conservation Board.
10109
�
s
Sergio Rodriguez, Director
Planning Department
October 17, 1983
Page 3
Therefore, in determining if a specific board member is
deemed an "officer", one would look to the enabling legislation
establishing the board that the individual serves on. If there
is a delegation of a portion of the City Commission's authority
resulting in the board's being vested with fiduciary
responsibility and duties involving the exercise of judgment and
discretion pursuant to stipulated guidelines, criteria, and
standards, the board's constituent members would properly be
characterized as "officers".
Based upon the foregoing, I conclude that a duly appointed
person sitting on a board of the City, vested with powers and
responsibilities as above described (e.a., the Zoning Board and
the Heritage Conservation Board, but not the PAB) can lawfully
continue to hold the office of board member as a "de jure
officer" until a successor is appointed and sworn in. Needless
to say, this procedure could not legally be used purposely to
circumvent the time limitations that affect tenure on City
boards.
PREPARED BY:
,J f . �
USJOistL E.MAXWELL
ant City Attorney
JGP/JEM/wpc/ga/045
I0i09
CITY OF MIAMI
DADE COUNTY, FLORIDA
LEGAL NOTICE
All interested persons will take notice that on the 12th day of June,
1986, the City Commission of Miami, Florida, adopted the following
titled ordinance(s):
ORDINANCE NO. 10109
AN ORDINANCE AMENDING SECTION 62.47, "SIZE OF
MIAMI REVIEW BOARDS AND TERMS OF OFFICE"; CHAPTER 62 "ZONING
AND PLANNING" OF THE CITY CODE TO ALLOW PLAN-
NING ADVISORY BOARD MEMBERS TO CONTINUE TO SERVE
IN OFFICE AFTER THEIR RESPECTIVE TERMS OF OFFICE
Published Daily except Saturday, Sunday and EXPIRE. SUBJECT TO REAPPOINTMENT OR A NEW
Legal Holidays APPOINTMENT, CONTAINING A REPEALER PROVISION AND
Miami, Dade County, Florida. A SEVERABILITY CLAUSE.
STATE OF FLORIDA ORDINANCE NO. 10110
COUNTY OF DADE:
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
Before the undersigned authority personally appeared NO. 10039 ADOPTED SEPTEMBER 17. 1985. THE ANNUAL
Sookle Wllllams, who on oath says that she Is the Vice President APPROPRIATION ORDINANCE FOR THE FISCAL YEAR
of Legal Advertising of the Miami Review and Daily Record, a ENDING SEPTEMBER 30. 1986. BY MAKING THE NECES-
daily(except Saturday, Sunday and Legal Holidays) newspaper, SARY CHANGES IN THE APPROPRIATION OF THE FIRE
published at Miami In Dade County, Florida: that the attached RESCUE AND INSPECTION SERVICES DEPARTMENT FOR
COPY of advertisement, being a Legal Advertisement of Notice FY'86 TO REFLECT THE TRANSFER OF THE BUILDING AND
in the matter of
_ ZONING FUNCTION TO THE NEWLY ESTABLISHED BUILD -
CITY OF M I A',1 I ING AND ZONING DEPARTMENT AS OUTLINED IN ORDI-
O r d i n a n c e No. 10109 NANCE NO. 10089 APPROVED BY THE CITY COMMISSION
ON MARCH 27, 1985; DECREASING THE APPROPRIATION
FOR THE FIRE RESCUE AND INSPECTIONS SERVICE
DEPARTMENT, INCREASING THE APPROPRIATION FOR THE
BUILDING AND ZONING DEPARTMENT, DECREASING THE
APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS;
xxx CONTAINING A REPEALER PROVISION AND A SEVERABIL-
in the ........................ .. Ccurt. ITY CLAUSE.
was published In said newspaper In the Issues of
J u n e 18 , 1986 ORDINANCE NO. 10111
AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION
PROGRAM AND ESTABLISHING AN AFFIRMATIVE ACTION
POLICY AND REAFFIRMING THE COMMITMENT BY THE
CITY OF TOACTION IN THE AREA OF
Alflant further says that the said Miami Review and Daily
EMP OYMENTI; PROVIDI GATIVE FOR THE ESTABLISHMENT OF
Record
ls a ehtathsshed at Miami s s sobeoida,and tae aidnwspper has en AN AFFIRMATIVE ACTION DIVISION IN THE DEPARTMENT
Continuously published in said Dade County, Florida, each day OF INTERNAL AUDITS AND REVIEWS; FURTHER PROVID-
(except Saturday, Sunday and Legal Holidays) and has been ING FOR A HEAD OF SAID DIVISION; INCLUDING DEFINI-
entered as second class mail matter at the post office in
Miami in said Dade County, Florida, for a period of one year TIONS, POWERS AND DUTIES; FURTHER PROVIDING FOR
next p &ding the first publication of the attached copy of THE DEVELOPMENT OF PROCEDURES, MEASURES AND
advert a ent; and aff►ant further says that she has neither RESOURCES, TO IMPLEMENT SAID POLICY, PROVIDING
rebat , mmiaa on any
person,
firmorcorporation any discount, FOR GOALS AND OBJECTIVES; CONTAINING A REPEALER
adv I ment for Purooss of securing this
publication i the said newspaper. PROVISION AND A SEVERABILITY CLAUSE.
`�tttttttt► lrr^l r, D
ORDINANCE 10112
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
Sworn and°gtibaer(b&d before me this NO. 8719, 'ADOPTED OCTOBER 26, 1977, THE SUMMARY
01 = E, BY ESTABLISHING
GRANT APPROPRIATIONS ORDINANC
16th d' of • �.<.�ine..... 1 A.D. t � .. A NEW TRUST AND AGENCY FUND, ENTITLED COMMU-
NITY DEVELOPMENT BLOCK GRANT (TWELFTH YEAR); AND
APPROPRIATING $9,875,000 FOR EXECUTION OF SAME;
�t S°on10 an CONTAINING A REPEALER PROVISION AND A SEVERABIL
S Notary ubllste;-of fonds at Large ITY CLAUSE.
(SEAL) Q ` N� ORDINANCE NO. 10113
My Commlasioi,(&else B&C4r 3, 1986.
ttttst: '
MR tt0 AN EMERGENCY ORDINANCE ESTABLISHING TWO NEW
SPECIAL REVENUE BONDS ENTITLED: "OFFICE OF
INTERGOVERNMENTAL LIAISON (FY'87)" AND "MIAMI JOB
DEVELOPMENT PROGRAM FY'87)", APPROPRIATING FUNDS
FOR THEIR OPERATION IN THE AMOUNTS OF $60,000 AND
_ $622,000 RESPECTIVELY FROM THE UNITED STATES
DEPARTMENT OF LABOR, AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT AWARDS FROM THE
UNITED STATES DEPARTMENT OF LABOR AND TO ENTER
INTO THE NECESSARY CONTRACT(S) AND/OR AGREE-
MENT(S) WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM TO ACCEPT THE GRANTS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, FLORIDA
(#3875)
Publication of this Notice on the 18 day of June 1986
6118 86.061890M
r
0
CITY OF MIAMI
DADE COUNTY, FLORIDA
NOTICE OF PROPOSED ORDINANCE
Notice is hereby given that the City Commission of the City of
Miami, Florida, on June 12, 1986, commencing at 9:00 A.M. In the City
MIAMI REVIEW :Commission Chamber, City Hall, 3500 Pan American Dr., Miami,
Florida, will consider the following Ordinances) on final reading and
AND DAILY RECORD 'the adoption thereof:
Published Daily except Saturday, Sunday 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 Pres►dent
of Legal Advertising of the Miami Review and Daily Record, 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
Re — ORDINA14CE 140.
In the ...... X..X ..X.......................... Court,
was published In said newspaper In the issues of
June 2,1986
Afflant further says that the said Miami Review and Daily
Record is a newspaper published at Miami in said Dade County,
Florida, and rhat the said newspaper has heretofore been
continuously published In said Dade County, Florida, each day
_ (except Saturday, Sunday ano 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 further says that she has neither
paid rwr lead a Ty person, firm or corporation any discount.
rebate c mmission or refund for the purpose of securing this
adr menl for bllulion in the said newspaper.
p Sworn fo•ir(M., ribed before me this
,
ri A.D. 19.......
tom. �..{ �wr•� f i.l " r' G 10IMSS V. V&Yre ...... .
�__�Qlary'Publi5,15tate of Florida at Large
(SEAL)
My Commisslon ex"'jufy 8, 1986.
99
ORDINANCE NO.
AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION PRO-
GRAM AND ESTABLISHING AN AFFIRMATIVE ACTION POLICY
AND REAFFIRMING THE COMMITMENT BY THE CITY OF MIAMI
TO AFFIRMATIVE ACTION IN THE AREA OF EMPLOYMENT;
PROVIDING FOR THE ESTABLISHMENT OF AN AFFIRMATIVE
ACTION DIVISION IN THE DEPARTMENT OF INTERNAL AUDITS
AND REVIEWS; FURTHER PROVIDING FOR A HEAD OF SAID
DIVISION; INCLUDING DEFINITIONS, POWERS AND DUTIES; '
FURTHER PROVIDING FOR THE DEVELOPMENT OF PROCE-
DURES, MEASURES AND RESOURCES, TO IMPLEMENT SAID -
POLICY, PROVIDING FOR GOALS AND OBJECTIVES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.'
10039 ADOPTED SEPTEMBER 17, 1985, THE ANNUAL APPRO-
PRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SER
TEMBER 30, 1986, BY MAKING THE NECESSARY CHANGES IN
THE APPROPRIATION OF THE FIRE RESCUE AND INSPECTION
SERVICES DEPARTMENT FOR FY'86 TO REFLECT THE TRANS-
FER OF THE BUILDING AND ZONING FUNCTION TO THE NEWLY
ESTABLISHED BUILDING AND ZONING DEPARTMENT AS
OUTLINED IN ORDINANCE NO. 10089 APPROVED BY THE CITY
COMMISSION ON MARCH 27, 1985; DECREASING THE APPRO-
PRIATION FOR THE FIRE RESCUE AND INSPECTIONS SERV-
ICE DEPARTMENT, INCREASING THE APPROPRIATION FOR
THE BUILDING AND ZONING DEPARTMENT, DECREASING THE
APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE
ORDINANCE No.
AN ORDINANCE AMENDING SECTION 62.47, "SIZE OF BOARDS
AND TERMS OF OFFICE"; CHAPTER 62 "ZONING AND PLAN-
NING" OF THE CITY CODE TO ALLOW PLANNING ADVISORY
BOARD MEMBERS TO CONTINUE TO SERVE IN OFFICE AFTER'
THEIR RESPECTIVE TERMS OF OFFICE EXPIRE, SUBJECT TO
REAPPOINTMENT OR A NEW APPOINTMENT, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Said proposed 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, during the hours of 8:00
A.M. to 5:00 P.M.
All interested parties may appear at the meeting and be heard with
respect to the proposed ordinance(s).
Should any person desire to appeal any decision of the City Com-
mission with reppect to any matter to be considered at this meeting,
that person shall ensure that a verbatim record of the proceedings is
made including all testimony and evidence upon which any appeal
may be based.
njrMATTY HIRAI
CITY CLERK
(M3882) CITY MIAMI, FLORIDA
612 86-060203M
MR 114