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HomeMy WebLinkAboutO-100030 J-85-�4a 5/25/85 rr/D=-b3 ORDINANCE NO. 0 .0 3_ AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. lilt TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON AUGUST 13, 1985t SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE CREATION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIAMI AND DEFINING QUALIFICATIONS, FUNCTIONS AND COMPENSATION OF THE MAYORt COMMISSIONt CHAIRMAN OF THE COMMISSION, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDGET, AND CITY ATTORNEY; PROVIDING FOR THE TERMS OF OFFICE AND ELECTION DATES FOR FIVE COMMISSIONERS AND THE MAYOR; DEFINING THE CLASSIFIED AND UNCLASSIFIED CIVIL SERVICE; SETTING TERMS AND CONDITIONS OF OFFICE FOR THE CITY ATTORNEY AND CITY CLERK; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH CHARTER AMENDMENT TO TAKE EFFECT UPON PASSAGE BY THE ELECTORATE; CONTAINING A REPEALER AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby submits the following proposed Charter Amendment for submission to the qualified electors of the City of Miami at a special municipal election on August 13, 1985, for the purpose of creating an Executive Mayor form of government for the City of Miami and defining qualifications, functions and compensation of the Mayor, the Chairman of Commission, the Director of Administration, the Director of Finance and Budget, and the City Attorney, and establishing election dates and terms of office for the Mayor and five Cottiiissioners, defining the classified and unclassified Civil Service, and setting terms and conditions of office for the City Attorney and City Clerk, The following proposed Charter Amendment shall repeal all Charter sections or parts thereof insofar as they are inconsistent or in conflict with the provisions of the proposed Charter Amendment. The proposed Charter Amendment shall become effective upon passage by the electorate. CHARTSR AMSNbMFNT N0, 1 Sections 4, 71 10, 11, 12, 13,14, 15, 16, 17, 18, 19, 20, 25 and 31 of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, are hereby further amended in the following particularstl 1 "Sec. 4. Form of government. (a) General description. The form of government of the City of Miami, Florida, provided for under this charter shall be known as the leemmissfen-manager 'executive mayor plan'. The commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances, adopt regulations, and ratify, by a majority vote, the appointments made by the mayor of the director of administration, director of finance and budget, and the cit attorney. The commission shall appoint all boards and committees and shall appoint and supervise a clerk who shall serve an indefinite term at the will of the commission. appoint a ehtef admtnfstratfve efffeer-to-be-knewn-as-the-lefty-managers;-end-exere#se all powers conferred upon the efty except as hereinafter -provided. (b) rRules of commission; limitation; quorum. The- eemmiss en -shall e�eet-a-city-manager;-e-cleric;-and-e-a#ty-ettorney;-hut nNo member of the commission shall be chosen as -manager er-g#ven for any ether city office or employment. In the exercise of its legislative functions and powers, the commission or any commissioner may enter into consultations with boards, officers and employees of the city whenever in the judgment of the commission or commissioner it becomesnecessary; however, neither the commission nor any member thereof shall interfere with the co5auct'of any da artment, officer or employee in the dschar a of h� her' utes nor shal an -. commissioner nterfere w� th t e mayor or " prevent Words and/or figures stricken through shall be deleted, underscored words and/or figures shall be added. The remaining previsions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. W2 a {yi n/her from _teYC si,n -- i_t�de t� ant gdgAent in the at�pointMent of ertployee,s The commission may determine its own rules of procedure; and punish its own members for misconduct, and compel the attendance of members. A majority of all the members of the -` commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. { fe}��P�ppot�►tmentiee-interf erenee-Keith--emplbyees Pie}ther�the�eoMt�issten-nor-and►-ef�fts-�ne�nbe�rs-she} dietate-the- judgment -in the appointment of employees in the adm#nistrattve service: Hxeept fee the pdrpose of -ine�e-iry-the�eommisslon-and-its=Members-shall-deal-�v#th the administrative serviee solely thredgh the e#tp manager; and neither the eommission net any Member thereof shall give orders; either publ-iely er - pr-ivately; to any of the stiberdtnates of the eity manager-Ray-such-dietatien;-prevent-ien;-girders;-or ether -interference on the part of a member of the coM�n-iss-ien-afth-the-administtatien-ef-the-city-shall-be deemed -to -be -a -violation -of -the -charter: id} (c) Meetings of commission. At twelve o'clock noon on the day the commissioners take office, they shall meet at the city hall. Thereafter the commission shall meet at such times and places as may be prescribed by ordinance or resolution. The meetings of the commission and all sessions of committees of the commission shall be public. The mayor, the director of administration, and the directorof and budget, the clerk and the city attorney, or their designees shall attend all regular meetings of the city commission. - fed--Powers-and-duties-ef-Mayer.---the-Mayor-shall preside- at-meetings-of-the-commission-and-perferm-such _ ether datfes, eensfstent with his Office and this _ charter;-as-map-be-imposed-bp-the-eemmissten:--He-she}} be- reeegnit ed-as-the-official-head-of-the-city-for-a}} cere�nonia}-purposes;-by-the-eeurts-for-the-purpose-of - being-served-with-ei�il-preeess;-and-by-the-ge�erner for-Mil#tarp-purposes:--fin-time-ef-public-danger-er emergeney; he map; with the consent of the eem�n-issieners;-take-eemmand-ef-the-peliee;-maintain ardor;-and-enf area-the-laws.---Haring-his-abser�ee-er - disability-his-dnttes-shad}-be-performed-bp-another member-appeir�ted-by-the-ceMmi9s-ion: if+ (d) Salaries of mayor, commission, city attorney, clerk, chairman of the commission., and directors of administration,and finance and budget. There shall be paid to the mayor; and to each eemtn#ssioner-as-eompensatien-the-sum-ef-�5;688-per-year payable-menthly-fin-12-equal-installments7-and-there shall-be-paid-te-the-mayor-the-additions}-9nm-ef-$�-,�66 annd al}y-to-be-used-to-eager-entertainment-expenses-of the-offiee-of-mayor-of-the-City-Of-Miami;-gleride The commission shall set the salaries, compensation, pension and emoluments of the mayor and the chairman of the commission, the commissioners, and the clerk at the time each fiscal -year budget is approved. The salaries of the citnattorne , directors of adm nistration, and fiance and bud et, shall be esta lFshed by the mavor. 3- 10003. 0 fg (e). Ordinances and resolutions; voting;.. veto, The commission shall act only by ordinance or written resolution, and all ordinances and resolutionsp except ordinances making appropriation5> shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read on two separate days, but an emergency ordinance may be passed on one reading only by a twe tktrds four -fifths vote of the members or the commission. Ordinances shall be read by title only. Copies of proposed ordinances shall be furnished to each commissioner and shall be made available to all interested persons. The clerk shall record the vote of each commissioner on all ordinances and resolutions. Passage of every ordinance or resolution shall require the affirmative vote of a majority of all the members. No member shall be excused from voting except on matters involving the consideration of his own official conduct or on matters in which his financial interests are involved. No ordinance shall go into effect until 39 15 days after its passage unless it is declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety, or property, and unless it is approved by a vote of not less than two-thirds four -fifths of the members of the in commission. No measure granting or amending any public utility measure or amending or repealing any measure adopted by the people at the polls or by the commission in compliance with an initiative petition shall be regarded as an emergency measure. All nonemergency ordinances and all resolutions passed by the city commission shall be submitted, before going into effect, to the mayor for his/her approval. If approved, he/she shall sign the same within 15 days after passage; thereupon, it shall become a law but shall not go into effect earlier than 15 days after passage by the commission unless otherwise provided in the measure. If the mayor wishes to disapprove, he/she shall do so by filing his/her written disapproval with the clerk within 15 days and by returning the measure with his her objections in writing to the city commission at or before the first regular commission meeting following its passage by the commission, whichever is earlier. The objections shall be entered in full upon the record of the proceedings and the commission shall proceed to consider said objections and to act upon the same. If upon consideration the city commission shall pass the same by a four -fifths vote of the entire commission, which vote shall be entered upon the record, the ordinance or resolution shall then become a law, the mayor's objections to the contrary notwithstanding Failure to file a written notice of disapproval with the clerk within 15 days failure to return the measure with the -mayor's written objection to the city commission at or before the first regular commission meeting following the commission's passage of the measure, whichever is earlier, shall result in the measure becoming a law, not to go into effect earlier than days after passage by the commission* (f) Election of officers meet i.n� s. The commi.ssi.oi sha vote the appo ntment made by the administration, a director of t -4_ Dy commssi. 1 ratify by ma Qy. r of a nance and b special ma ority rector of 1000.3z a, City „att„orne_y, �'he commiss_ion you call a .5 ecial .Meet deems proper for the consideration may,_ _ by ..e .majority n of,,. the ..cb=i8g on When it of any business._of .() Chairman of commission end vice -mayor. chairman of the. commission and the vice mayor sh both be selected from members of the commission by, Comm scion to serve one year terms commencing._within Tay s after the. _985 general_ election and yea,_ thereafter; if not so selected_t the chairman and vice-7ma or shall be apppi,HEea $g the ma or from memb of the commission, No chairman or vice -.ma or sh serve more__. than four. consecutive one -ear _terms a after a two year period, may, be ._eligible to se a a_in. Sec. 7. Mayor; ecomposition of commission; resignation. (a') Seats and terms. The commission shall consist of five citizens who are qualified voters of the city and who have resided in the City of Miami for six months next preceding the election at which they seek election. Commissioners shall be elected from the city at large in groups numbered I through V. The mayor shall not be a member of the commission. 9ne-ef-said eemmss#avers-shall-be tThe mayor shall serve full time and shall not have other salaried employment. He/she and shall have the same qualifications as the commissioners and shall be elected froin the city at large in the category designated mayor, oo The mayor and shall hold office for a an initial term of four pears; -bat two years and after the 1987 election shall serve terms of four years. The Mayor shall not after 1985 be elected for more than three consecutive full terms of office. by the people at each genera-1 eleetlen;-far-a-term-of-tNe-years;-from-the-group-ta-be numbered f- The mayor and the group I commissioner shall be elected at the general elections held in 1985. The Group I commissioner shall serve an initial term of two years and shall serve terms of four years after the 1987 election. Commissioners in groups numbered II and III shall be elected at the general elections to be held in the year 1955 and at each general election each four years thereafter. Commissioners in groups numbered IV and V shall be elected at the general elections to be held in the year 1957 1985 and at each general election each four years thereafter. The mayor and commissioners are to hold office until their successors are elected and qualified from 12 o'clock noon of the day after the declaration of the result of the election. sec. 10. Election of commissioners and mayor. (a) Regular and primary elections of commissioners. A regular municipal election for the election of commissioners shall be held on the second Tuesday after the first Monday in November in -5 1-000 8 PP odd -numbered years. A nonpartisan primary election of the nomination of candidates for the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years. Any person who possesses the qualifications requisite to an elector at the general state election, and who registers to vote as may be prescribed by ordinance shall be a qualified elector of the city. All elections held in the city shall be conducted and held according to the provisions of the general elections laws of the State of Florida, except as otherwise provided for in this charter except the commission shall be substituted for a board of county Commissioners. The name of any elector of the city shall be printed upon the primary ballot as a candidate for nomination of the office of mayor or commissioner upon paying to the city the sum of $100 to be deposited with the city clerk as a qualifying fee not less than 45 days prior to the date of the primary election; said elector shall submit concurrently therewith a sworn statement of his or her name, address, occupation, group in which the elector wishes to run, and willingness to serve, if elected. All such qualifying fees shall be deposited with the said city clerk no later than 6:00 p.m. on the forty-fifth day prior to the election. (c) Vote required. If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his or her group, he or she shall be considered elected upon the declaration of the result of the election as hereinafter provided. If there is no majority, the two candidates for nomination of the office of mayor or commissioner who receive the greatest votes in the primary election in each group or category shall be placed on the ballot at the next regular municipal election following the primary election. The candidate for nomination receiving the greater vote in each such group or category in the regular municipal election following the primary election, if otherwise qualified, shall be elected to office from such group or category. A tie between two or more candidates for any office shall be decided by lot under the direction of the city clerk. Sec. 11. Filling vacancies in commission:; mayor. A vacancy en the eemm4:ss3en in the office of commissioner caused by death, resignation, or other causes shall be filled by a majority of the remaining commissioners within 10 days after such vacancy occurs. The commission shall likewise fill such a vacancy in the office of the mayor. The term of office of the person so appointed shall be until a successor in office is elected and qualified at the next general election. Barer-a;�-{1}-tire-ftrat-ge»et�-eeeton �Q�-Gemm�sstenera-l�e�d-parsesant-te-thts-eba�ter;�or-��} the-ft�ak-at�te-gentra�-e�ect�:e�n: in the event that the remaining commissioners shall fail to fill such vacancy within 10 days after it occurs, the city commission shall immediately call a special election to be held at a date not less than 45 , 6- 100"% or More than 50 days after the expiration of the said 10-day petiodj for the purpose of having the electors fill the vacancy. persons otherwise qualified for office shall have 10 days from the Call of the election within which to file the statement and pay the fee required of candidates in regular municipal elections. The person who receives the greatest number of votes in said special election shall be deemed to be elected for a terms of office ending when his or her successor is elected and qualified at the next general election held pursuant to this charter. If there is more than one vacancy on the commission, there shall be only one election; and the persons receiving the greatest number of votes shall be elected to fill the vacancies, for terms ending at the next general election. Elections held subsequent to the filling of vacancies shall, if when necessary, be for shortened terms, in order to preserve the sequence of staggered terms provided for in this charter. Sec. 12. Commission may investigate official transaction, acts, and conduct. The mayor and the commission; or any committee thereof duly authorized by the commission or mayor so to do, may investigate the financial transactions of any office or department of the city government and the official acts and conduct of any city official, and by similar investigations may secure information upon any matter. In conducting such investigations the mayor or the commission; or any committee thereof, may require the attendance of witnesses and the production of books, papers, and other evidence, and for that purpose may issue subpoenas which shall be signed by the presiding officer of the commission or the chair chairperson of such committee, as the case may be, and which may be served and executed by any police officer. See--f3:--pity-manager--Appointment;-gna�ifieatiens; �' term;-salary;-sickness-er-absence;-reme�a�; pervers-and-daties;-examinations: fad--Appointment;-gaa�ifieatiens;-term;-safary; absence.- The commission shall within 39 daps after taking -off ice -appoint -a -city -manager; -mho- shall- be- the administrative-heard-ef-the-mtinie#pai-ge�ernment-and who shall be responsible for the efficient administration-of-the-city:--fie-or-she-shall-be-chosen by a vote of the ma3ority of the members of the - eemmtsstan-en-the-basis-ef-exeentive-and-administrative gaaiificatiensr-He-er-she-may-or-may-net-be-a-resident of -the -city -or -of -the-State-of-Piaridn:--No-member-of the- shall-be--appointed-city-manager; The-city-manager-shah-hofd-off+ee-at-the-wiii-ef--the commission and shad recef-ve seth salary as may be f fixed-by-the-cemmisa�on-fn�case-of-the-s�eicr�ess-er absence-ef-the�etty�manager-,-the�eommisa�:Qn-may,appefnt - another-grsa�ffted-person-to-act-for-the-city-manager-, - and-a�:�-saoh�ae�s-ef�.the-person-se-appointed-shaif-be - ms-��►,a��d-as=thoa�hTperfex�+eel-by�the^e�ty��nanager; ��he person appointed by the commission to act as city 1 000 W mensget ddeitj the abseftee et a#ekness of the eity i�l!l�►agtr�sha�f�nbt�be�pa#d=Estl��eddittsl����s���3e�lsl5t#gin bt h S�aerv#ees asjt►et#ng efty tnanaget {���,��ien►e�tai�ofye�ty.,:�nanager: =�-'�heLee��►#�sfsn=r��p _ remove the efty manager by a msJet#ty Crete of its membeet - t- �e +st ds ►s�befereysseh=te +i s sha beeeme-efftett'de; itl°1e„ieFCll�iiss'tCln3shaii;=by�a��aet#ty 'rote"'ef=tts=mer►bers; yf�dspt-'�'=`prey#ii#i�i�1r�'�te9e��tt#sn stat ing-the-rteta ens -The -city -manager r ay- eep4:y- no r#tt ,g-wnd-rnay=request-a-pt b 3e-hearing; whieh shaii�behtid-net-eat4ferthan--9-days-nerat+r than-d0-days-after-the-f+4+ng-of -sneh-request:—Aftee such -public -hearing -�if-one-be-requested, �sr�d--after Mull= consideration- the - of its members;. may adept a final resolution of remeva- fe}--powers- and -duties:---The-powers-and-dtit+es-ef the -city -manager -sham -be- see- that- the-jaws-and-ordinanees-are enforced,- appoint-and-remeve;-except-as-herein prodded; a�-1 directors of the departments-and-a��-subordinate-affteers and-empfeyees-in-the-departments-tn-bath the-e�asaified-and-uneiassified-service; all appointments are to be open merit and-fitness-a�ene;-and-in-the-classified ser�iee;-ail-appointments-and-remo+�ais are-te-be-sub3ect-te-the-eivti-ser-►ice previsiens-of-this-charter; {3}--te-exercise-eentre�-ewer-a}}-departments -and -diJvisiens- created- herein► - or- that- may be-hereafter-created-by-the-eemmissien; {4-}--te-attend-ail-meetings-ef-the-eetnmissten -and -participate-in- the -discuss#en;-but net-te-,vote; - {5}--te recommend to the Commission fee adoption such measures as he may deem necessary -or -expedient; {6}--ta-keep-the-eemmissien-fully-advised-as to- the-fi naneia�-eenditien-and-needs-ef the -city; -and {�}--te-perform-aaeh-ether-duties-as-.map-be prescribed by this charter or be required of him by ordinance or rese�utien-ef-the-commission: {d}--bxaminatien of affairs of departments; off icers-or-empioyees:--The-city-manager-map;-without netiee-,-efaaae-the-affaire-of-any-department-or-the _ conduct-of-any-off#ear-er-employee-to-be�examit+ed;--any peesen or persona appointed by the city manager to ernmi�e-the-affairs-of-and►-department-ar-the-conduct-of any -of f ree�aire-thcTattendar�ce--ef-witneaaea-and--prodae�fen-:ef fiaa�aita�ar�d�papera--an+d-+ether-e�rideneed-aa-fa'-eenfsrred " apc�nr�heTee,mmiaa��ar�-by�thia�eha�tcr. _000 --------- -- 3 11 (l) to seryeas_the official head of the city, for all ceremonial purposes and shall Be the al_ spokesperson for the city; (2) to be recognized by the courts for the purpose of seryiog ciyil _process, and by the governor for military purposes and may declare a state of eergency in time of pm public danger or emergency; (3) to appoint the city attorney,_the director of administration, the director of finance and budget with the ratification of the commission; (_4) to supervise the directors of administration, and finance and budget; any one of whom may be appointed by the mayor to serve as deputy mayor in the absence of the mayor. Provided, however, the vice -mayor shall serve as the ceremonial head and spokesperson for the city in the mayor's absence. The appointment of the deputy mayor shall be subject to ratification by the commission. If such ratification is not made within 15 days the appointment shall be deemed ratified. If the commission re'ects all the appointments, the mayor shall have the power to select one of. such officers to serve as deputy mayor; (5) to enforce the charter and ordinances of the city and all general laws applicable thereto; (6) to present recommendations to the commission on the requirements of the city government including but not limited to the initiation of ordinances and other legislation; (7) to_prepare all commission agendas and to 0 cygecner wire an operating auaget message. The line item budget may be changed by t e commission. The mayor may veto any change made by the commission. Such veto may be overridden by a tour -fifths vote of the entire commission; to exercise a veto power over ordinances or resolutions adopted by the c6miisioiii which may be overridden by a four -fifths vote of the entire commission; to attend all meetings of the commission with 61 (1.11 To present an annual status of the city s (b) Qua.i_ifi_c_a,tions .and duties_ ofthe _director of administration, and the director, of finance and_budg,e,t,., The individual or individuals_ holding,, the positioft of director of administration#_ and director of finance and budget _shall have general oversight of such departments, board; and committees as may be, assigned by the mayor. However,, generally, the ,director of administration shall supervise those service departments such as police;_ fire, sanitation, and planning and zoning boards administration; and the director of finance and budget shall oversee the fiscal aspects and departments of the city. Such directors shall have a minimum of five years high level government experience or equivalent private sector experience. (c) The city attorney, and the directors of administration, and finance and budget serve at the will of the mayor and may be terminated without cause. Termination by the mayor is final. However, if they wish a public hearing on the removal they may request one in writing within one week of being terminated by filing such request with the office of the city clerk, and the commission shall hold such hearing within two weeks of the request for hearing. Sec. 14. Departments of the city; boards (b) Power to appoint boards or commissions of citizens. The commission may at-the-regmest-ef-the ei ty-manager create -appoint boards or commissions, to be composed of such number of citizens as the commission may deem expedient, to act in an advisory 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. 15. Directors of departments. The eity-manager director of administration, and director of finance and budget, Shall appoint a director for each department under his or her supervision and, the mayor may coils lidate two departments under one director. Each department director shall serve at the will of the City -Tanager above -named directors of administration and finance an u get-f_s a._ 6- responsloie tot the 1000 conduct of the officers and employees of the departtont# for the performance of its business, and for the custody and preservation of the books# records# papers, and property under its control; and, subject to the supervision and control of thema or. or as _ap�rrs�riate,►.. _th_e. directors of . adminia_ttat.ion or finance ,and bUd et_ as bhp_,, ma o,r ma deli slq _." ell iR�'itter�J, shall manage the department. Nbhe 8f the pre��e#e�is-of�thts�seetfon�sh�+�l--beyn�p�tet+b�e�te�tk+e dtpt�ttr�ent�bf�laar Sec. 16. Department of law. The city attorney shall be the director of the department of law. He or she shall be the legal advisor of and attorney and counsel for the city and for all officers and departments thereof in matters relating to their official duties. He or she shall prosecute and defend all suits for and in behalf of the city; prepare all legislation, contracts, bonds, and instruments in writing in which the city is concerned; endorse on each his or her approval of the form and correctness thereof; and supervise, control, and be responsible for all of the legal work of the city. The city attorney shall have such number of assistants as the commission by resolution may authorize. The mayor, the commission, the-elty-manager, the director of any department, or any officer not included within a department may require the opinion of the city attorney upon any question of law involving their respective power and duties. The city attorney shall be a member in good standing of The Florida Bar. He or she shall be a full-time governmental employee; shall not engage in the private practice of law;. and-open-eleetien-by-the ettp-ee�nmtss#erg; -shall-serve-fer-a-terms-of-twe-years; et�ding-an-the-dap-ef-each-regalar-marife#pal-eleet�er�-fn No-vember-of-each-odd-membered-year: Sec. 17. Finance, department of finance. (a) Department director. Subject to the supervision and control of the e+ty-manager mayor and the director of finance and budget, the director of finance shall have- charge of the department of finance and shall administer the financial affairs of the city, including the keeping and supervision of all accounts, the levy, assessment and collection of revenues, the making and collection of special assessments, the custody and disbursement of city funds and monies, the control over expenditures, and such other duties as the commission may by ordinance provide. (b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department of finance showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial reports rendered to or by the department of finance shall be prescribed by the director of finance and -1l 10003 conduct of the officers and employees of the _ departmetitt for the performance of its busifiess, and for the custody and preservation of the books, records, papers, and property under its control; and# subject to the supervision- and control of theL oi�,__asz. a. _ rc .ria_te ..the di_i?ectors, o,_,,,cmi.nistraton or f inance and budget as the ,Mayor may Yde is f a,tO #fl-ell �letteta, shall manage the department. Nerve of the �t����!#��,e-ef-�th#sweet#et�rel�t���ube�epp�i�ab�e�tie��he depertri�ent�ef=��►r� Sec. 16. Department of law. The city attorney shall be the director of the department of law, He or she shall be the legal advisor of and attorney and counsel for the city and for all officers and departments thereof in matters relating to their official duties. He or she shall prosecute and defend all suits for and in behalf of the city; prepare all legislation, contracts, bonds, and instruments in writing in which the city is concerned; endorse on each his or her approval of the form and correctness thereof; and supervise, control, and be responsible for all of the legal work of the city. The city attorney shall have such number of assistants as the commission by resolution may authorize. The mayor, the commission, the -city -manager, the director of any department, or any officer not included within a department may require the opinion of the city attorney upon any question of law involving their respective power and duties. The city attorney shall be a member in good standing of The Florida Bar. He or she shall be a full-time governmental employee; shall not engage in the private practice of law;. and -open -election -by -the ety-'ee�n+ss#on;-sha��-ser e-for-a-terms-of-two-years; — end#ng-en-tie-day-of-each-regafnr-mun#etpa�-e�eet#on-gin No-vember-ef-each-odd-numbered-year: Sec. 17. Finance, department of finance. (a) Department director. Subject to the supervision and control of the city -manager mayor and the director of finance and budget, the director of finance shall have charge of the department of finance and shall administer the financial affairs of the city, including the keeping and supervision of all accounts, the levy, assessment and collection of revenues, the making and collection of special assessments, the custody and disbursement of city funds and monies, the control over expenditures, and such other duties as the commission may by ordinance provide. (b) Form and manner of beeping accounts and making reports. Accounts shall be kept by the department of finance showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial reports rendered to or by the department of finance shall be prescribed by the director of finance and 1000 bum with the approval of the e4ty-Ifteflaget Ana or. The accounts and accounting procedure of the city shall be adequate to record all cash receipts and disbursements# all to venues accrued and liabilities incutted, and all transactions affecting the acquisition, custody, and disposition of values. The director of finance shall make such reports of the financial transactions and Condition of the city as may be required by law or ordinance. Financial reports shall be prepared for each quarter and fiscal year and for such other periods as may be required by the#tpn�t�nager ma.or. (c) 13udget estimates. Not later than one month before the end of each fiscal year, the city-managee mayor shall prepare and submit to the commission and make available to the public a budget estimate of the expenditures and revenues of all city departments, divisions, and offices for the ensuing fiscal year. This estimate shall be compiled from detailed information obtained from the several departments, divisions, and offices on uniform blanks furnished by the e4:ty matiager mayor. The classification of the estimates shall be as nearly uniform as possible for the main functional divisions of such departments, divisions, and offices and shall give in parallel columns the following information: (1) a detailed estimate of the expenses of conducting each department, division, and office; (2) expenditures for corresponding items for the last two fiscal years; (3) expenditures for corresponding items for the current fiscal year, including adjustments due to transfer between appropriations, as well as an estimate of the expenditures necessary to complete the current fiscal year; (4) the value of supplies and materials on hand at the date of the preparation of the estimate; (5) increases or decreases of requests compared with corresponding appropriations for the current fiscal year, with reasons for such increases or decreases; (6) a statement from the director of finance of the total probable income of the city from taxes for the period covered by the estimate; (7) an itemization of anticipated revenues from other other sources; (8) the total amount of the outstanding city debt, with a schedule of maturities of bond issues; (9) the amount required for interest on the city debt, for sinking funds, and for maturing serial bonds; and -i2r 1000 r (10) such other information as may be required by the commission. (e) Appropriations for current expenses prior to passage of annual appropriation ordinance. gefore the annual appropriation ordinance has been passed, the commission, upon recommendation in writing of, the e+ty manager ma-o,r, may make appropriations for the current expenses of the city; chargeable to the appropriations of the year when passed, in an amount sufficient to cover the necessary expense of the various departments, divisions, and officers until the annual appropriations ordinance is in force. No other liabilities shall be incurred by any officer or employee of the city, except in accordance with the provisions of the annual appropriation ordinance. ( f ) Transfer of appropriations. Upon request of the city -manager ma or, the commission may transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year is insufficient, or may authorize a transfer between items appropriated to the same office, department, or division. The mayor shall not have the power to make such transfer unless aut or_zed by the commission. (k) Payment of payrolls, bills and claims. No claim against the city shall be paid except upon a voucher certified by the head of the appropriate department or other division of the city and by means of a check or warrant on the city treasury, issued and signed by the director of finance and countersigned by the chief accountant of the department of finance; provided, however, that in the event of the illness or the absence of the director of finance or the chief accountant of the department of finance, the city manager mayor may designate other officers of the city to sign and countersign such checks or warrants. The director of finance shall examine all payrolls, bills, and other claims and demands against the city, and shall issue a check or warrant for payment only upon finding: that the claim is in proper form, correctly computed, and duly certified; that it is justly and legally due and payable; that an appropriation has been made therefor which has not be exhausted or that the payment has been otherwise legally authorized; and that there is money in the city treasury to make payment. The director of finance may require any claimant to make oath as to the validity of a claim, may investigate any claim; for that purpose may examine witnesses under oath. (m) Audit and investigation of accounts of officer when office vacant.. Upon the death, resignation, removal., or expiration of the term of any officer of the city_, other than the director of finance, the director of finance shall cause an audit and investigation of the accounts of such officer to be made and shall report to the eity-manager moor, -1.3- 10 0 Sec. 18. Chief procurement officer. (a) The eta .or shall appoint a chief procurement officer who shall supervise all purchases for the city in the manner provided by ordinance and who shall, under such procurement methods as may be prescribed by ordinance, supervise sales of all real and personal property of the city not needed for public use or that may have become unsuitable for use. The chief procurement officer shall have charge of such storerooms and warehouses of the city as the commission may by ordinance provide. Before any purchase or sale, the chief procurement officer shall require that all prescribed procurement procedures be followed. Bupplies shall not be furnished to any department unless there be to the credit of such department an available appropriation balance in excess of all unpaid obligation sufficient to pay for such supplies. Sec. 19. Contracts for personal property, public works or improvements, unified development projects, and real property; safeguards. (a) Personal property. Any personal property, including but not limited to supplies, equipment, materials, and printed matter, may be obtained by contract or through city labor and materials, as provided by ordinance. All contracts for more than $4,500 shall be awarded by the commission to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance, but the city -manager mayor or designee shall have the power to reject all bids. Notwithstanding the foregoing, the a+ty-manager mayor may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competitive sealed bidding is not practicable or not advantageous to the city, which finding must be ratified by an affirmative vote of two-thirds four -fifths of the commission after a properly advertised public hearing. When competitive sealed bidding methods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. All contracts for personal property in excess of $4,500 shall be signed by the City -manager mayor or designee after approval thereof by the commission. This section shall not apply to transfer to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof, (b) public works or improvements. Any public work or improvement may be executed either by contract or by the city labor force, as may be determined by the commission, there shall be a separate accounting as to each work or improvement, Before authorizing the execution by the city labor force of any work or improvement or phase thereof, the r ty-manager m„aXor or _l4- 10008,Ot C"irgn.ee shall submit to the commission a description of the anticipated scope of work and related Cost estimates. All contracts for more than $lO,OOOO, which shall include contracts under which ithprovemeftts valued in excess of $10#000 are to be constructed for the city, shall be awarded to the lowest responsible bidder after public notice and using such competitive sealed bidding methods as may be prescribed by otdinance, but the eity-manager m_a car or designee shall have the power to reject all bids. Notwithstanding the foregoing, the e ty=i a iaget ma,Y_ t_or_ des.nign_e.e may waive competitive sealed bidding methods by making a written finding that a valid emergency exists or that there is only one reasonable source of supply, which finding must be ratified by an affirmative vote of two-tht-rd9 four -fifths of the commission after a properly advertised public hearing. When competitive sealed bidding methods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bias, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. Contracts for public works or improvements shall be signed by the e+ty-manager mayor or designee after approval thereof by the commiss on. When it becomes necessary in the opinion of the c4tp-manager mayor to make alterations or modifications in a contract for any public work or improvement, such alterations or modifications shall be made only when authorized by the commission upon the written recommendation of the eitp-manager mayor or designee. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the e+tp manager mayor or designee prior to such authorization by the commission. (c) Unified development projects. A unified development project shall mean a project where an interest in real property is owned or is to be acquired by the city, is to be used for the development of improvements, and as to which the commission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as def ined in the Code of the City of Miami, one or more of the following integrated packages: (1) planning and design, construction, and leasing; or (2) planning and design, leasing, and management; or (3) planning and design, construction and management; or (4) planning and design, construction, leasing, and management. So long as the person from whom the city procures one of the above --mentioned integrated packages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. Requests for proposals for unified development projects shall generally define the nature of the uses _15- the city is seeking for the unified development project and the estimated allocations of land for each use. they shall also state the following: (1) the specific parcel of land contemplated to be Used or the geographic area the city desires to develop pursuant to the unified development project; (2) the specific evaluation criteria to be used by the below -mentioned certified public accounting firm; (3) the specific evaluation criteria to be used by the below_mentioned review committee; (4) the extent of the city's proposed commitment of funds# propertyt and services. (5) the definitions of the terms 'substantial increase' and 'material alteration' that will apply to the project pursuant to subsection (e)(4) hereof; and (6) a reservation of the right to reject all proposals and of the right of termination referred to in subsection (e)(4) below. After public notice there shall be a public hearing at which the commission shall consider: (1) the contents of the request for proposals for the subject unified development project; (2) the selection of a certified public accounting firm, which shall include at least one member with previous experience in the type of development in question; and (3) the recommendation of the eitp-manager mayor for the appointment of persons to serve on the review committee. Said review committee shall consist of an appropriate number of city officials or employees and an equal number plus one of members of the public, whose names shall be submitted by the city meneger mayor no fewer than five days prior to the above -mentioned public hearing. At the conclusion of the public hearing the commission shall authorize the issuance of a request for proposals, -select a certified public accounting firm, and appoint the members of the review committee only from among the persons recommended by the city manager mayor. The procedure for the selection of an integrated package proposalsshall be as follows; (1) all proposals shall be analyzed by a certified public accounting firm appointed by the commission based only on the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the city -manager ma r. .000 (2) the review committee shall evaluate each proposal based only on the evaluation criteria applicable to said review committee contained in the request for ptoposals- gaid review committee shall render a written report to the e�ty manager mayor of its evaluation of each proposal, ncluding any minority opinions. (1) taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the city manager ma or shall recommend one or mote of the proposals for acceptance by the commission, or alternatively, the city manager na_Yo_r may recommend that all proposals be rejected. If there are three or more proposals and the city manager mayor recommends only one, or if the etty-manager mayor recommends rejection of all proposals, the eity-managet mayor shall state in writing the reasons for such recommendation. In transmitting his recommendation or recommendations to the commission, the city -manager mayor shall include the written reports, including any minority opinions, rendered to him by the aforementioned certified accounting firm and review committee. (4) all contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, as determined by the commission. The commission may accept any recommendation of the city manager mayor by an affirmative vote of a majority of its members. In the event the commission does not accept a proposal recommended by the eity manager mayor or does not reject all proposals, the commission shall seek recommendations directly from the aforementioned review committee, which shall make a recommendation or recommendations to the commission taking into account the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority of its members: (1) accept any recommendation of the review committee; or (2) accept any previous recommendation of the city -manager mayor; or (3) reject all proposals. All contracts For unified development project shall be signed by the a ty-manager maXor or designee after approval thereof by the commission. The city manager mayor or designee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law in conjunction with the award of contracts for ynified 17 1 000 - i development projects, the ptovisions of this chatter section shall supersede any other charter or code provision to the contraty. Sales and leases of teal property. 9xdept as otherwise provided in this charter section, there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest. Any such sale, conveyance, or disposition shall be conditioned upon compliance with: the provisions of this section; such procurement methods as may be prescribed by ordinance; and any restrictions that may be imposed by the cityp the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the transferee of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure: the city manager mayor, the director of the off-street parking authority, or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of true -thirds four -fifths of the commission after a properly advertised public hearing. When the requirement of sale, conveyance, or disposition to the highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. (e) Safeguards. (4) Any substantial increase in the city's commitment of funds, property, or services, or any material alteration of any contract awarded under subsection (c) of this section shall entitle the city commission to terminate the contract after a public hearing. Prior to such public hearing, the commission shall seep and obtain a report from the city manager mayor and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. �l-8s 1 000 .Z sec. 20. Local imptovietent8. (d) plans and specifications prepared by city marjager ma, qr and filed with city clerk. Promptly after the passage of said resolution, the etty-manager mayor shall prepare and file with the city clerk plans and specifications of each improvement ordered thereby and an estimate of the cost hereof, including an estimate of the cost of each kind of improvement if the resolution provides alternative descriptions of material, nature, character, and size. such estimate shall show the amount of cost and incidental expense to be assessed against property and; except in the case of storm sewer improvements, the estimated amount to be assessed against each foot of abutting property. The estimate made by the city -manager mayor of the cost of a street development or a storm sewer or waterfront or water main improvement shall show the estimated amount of cost and incidental expense to be assessed against all property in the area of special benefits, but shall not show any estimated assessment against any particular property within the area, or against any frontage or portion of such property. (j) Publication of notice calling for bids. As soon as practicable after the confirmation of any such resolution ordering work to be constructed, the city clerk shall publish at least once in a newspaper of general circulation in the city, and if the estimated cost exceeds $5,000 in a newspaper of general circulation throughout the state, a notice calling for sealed bids to be received by the commission on a date not earlier than 15 days from the first publication in the local paper, or if said estimate exceeds $5,000, in each of said two newspapers, for the construction of the work, unless in such resolution the commission declared its intention to have the work done by the city labor forces without contract. The notice may refer in general terms to the extent and nature of the improvement or improvements and may identify the same by the short designation indicated in the initial resolution and by reference to the plans and specifications on file. If the initial resolution gave two or more alternative descriptions of the improvement as to its materials, nature, character, and size, and if the commission did not later determine a definite description, the notice may call for bids upon each of such descriptions. No contractor shall be required to take bonds, warrants, or other certificates in payment; payment shall be made in cash upon monthly estimates of the city -manager mayor to an amount not greater than 97-1/2 percent of such estimates, and the balance due shall be paid in cash within 60 days after acceptance of the work. Bids may be requested for the work as a whole or for any part thereof separately, and bids my be asked for any one or more improvements authorized by the same or different resolutions, but any bid covering work upon more than one improvement shall be in such form as to permit a separation of cost as to each improvement. The notice shall require bidders to file with their bids either a certified check upon an incorporated bank or trust company for 2-1/2 percent of the amount of the bids or a bid bond. The bid bond �i9_ 000,R shall be in like amount with corporate surety satisfactory to the city to insure the ekecution of a contract to carry out the work in accordance with such plans and specifications and to insure the filing, at the making of such contract, of a bond in the amount of the contract price with sureties satisfactory to the e+ty_manager rn conditioned on the performance of the work in accordance with such contract. The commission shall have the right to reject all bids and if all bids are rejected the commission readvertise or determine to do the work by the city labor forces without contract. (k) preparation and contents of preliminary _ assessment roll. After a contract has been entered into for an improvement ordered in any resolution, or after an authorized improvement to be done by the city's labor force has been completed, the a+ty-manager mayor shall prepare and file with the city clerk a preliminary assessment roll which shall contain the following: (p) Appeal to court. If the owners of any railroad, lot, or parcel of land so assessed shall within 20 days from such confirmation file a written verified petition in a court of competent jurisdiction, setting forth that the amount so assessed against any property of the petitioner exceeds the amount of the special benefit the petitioner has sustained or will sustain by reason of such improvement, or is out of proportion to benefits, or that the assessment is invalid for any reason whatsoever, and shall at the same time file with the court clerk a written undertaking in at least the sum of $200, with a good and sufficient surety, to the effect that the. petitioner will pay to the city all costs and damages to be sustained by it by reason of such proceeding, and shall within 10 days from such confirmation, deliver to the city -manager mayor a copy of said petition, then the validity of such assessment against said property shall be determined in the judicial proceeding so begun. Within 10 days after the delivery of said copy of petition to the city -manager mayor, the eity-manager mayor shall answer the said petition, and the case shall be heard upon such evidence as may be presented to the court. Sec. 25. Civil Service. (c) Unclassified and classified service. (1) The unclassified service shall include the following positions or their functional equivalents; (A) The city -manger; assistants-, and secretarial staff to the mayor, citX attorney and city clerk. -20- Q A (d) Rules; ekaminations; eligible lists; certification of vacancies. Subject to the approVal of the commission# the board shall adopt, amend, and enforce a code of rules and regulations which shall have the forge and effect of law providing for appointment and employment in all positions in the classified service# based on merit# efficiency, character# and industry; shall make investigations concerning the enforcement and effect of this article and of the rules adopted; and shall make an annual report to the commission. The chief examiner shall provide examinations in accordance with the regulations of the board and maintain lists of eligibles of each class of the services of those meeting the requirements of said regulations. Positions in the classified service shall be filled from such eligible lists upon requisition from and after consultation with the city manager mayor. when positions are filled# the employment office shall so certify# by proper and prescribed form, to the director of finance and to the director of the department in which the vacancy exists. (f) Power of suspension, removal, fine, or demotion. (1) Any officer or employee in the classified service may be removed, suspended, fined, laid off, or demoted by the city manager mayor or by the head of the department in which such person is employed, for any cause which will promote the efficiency of the service; but such person must be furnished with a written statement of the reasons therefor within five days from the date of the removal, suspension, fine, layoff, or demotion, and be allowed a reasonable time for answering such reasons in writing, which answer shall be made a part of the records of the board. No trial or examination of witnesses shall be required except in the discretion of the eity-manager mayor or the head of the department. Any employee in the classified service who deems that he or she has been suspended, removed, fined, laid off or demoted without just cause may, within 15 days of such action, request in writing a hearing before the civil service board to determine the reasonableness of the action. The board shall, within 30 days after appeal of the employee disciplined, proceed to hear such appeal. After hearing and considering the evidence for and against the employee, the board shall report in writing to the city manager mayor its findings a recommendations. The city -manager mayor shall then sustain, reverse, or modify the action of the department director. Any member of the civil service board and the director of personnel may administer an oath of office to witnesses appearing before said board or before said director in an investigation, disciplinary or appeal proceedings, and they shall have the power to issue witness subpoenas and to compel the attendance of witnesses. W21- I` - i r i _ 5ecy 11, Conduct of City business; compensation# duties, and oaths of officers and employees, f- (d) Compensation of officers and employees. The ee��#aster,�al�a���ft�e-bp�o�d�r�ance�tl�eycempe�sat�on�ef the -e+ty-mahajet a+tyj+ tto trey;- ariel-e t *=c a k: The etty=rAefteger mayor shall fix the number and salaries or compensation of all ether officers and employees# except as otherwise provided in this charter. The salaries or compensations so fixed shall be uniform for like service in each grade of the service as the same I shall be graded or classified by the e#ty=manager mayor in accordance with the rules and regulations adopted by the civil service board. All fees and money - received or collected by officers and employees shall be paid into the city treasury. Section 2. The City Commission hereby submits the following proposed Charter Amendment for submission to the qualified electors of the City of Miami at a special municipal election on August 13, 1985, for the purpose of creating an Executive Mayor form of government for the City of Miami and defining qualifications, functions and compensation of the Mayor, the Commission, the Chairman of Commission, the Director of Administration, and the Director of Finance and Budget, and establishing election dates and terms of office for the Mayor and five Commissioners, defining the classified and unclassified Civil Service, and setting terms and conditions of office for the City Attorney and the City Clerk. The following proposed Charter I Amendment shall repeal all Charter sections or parts thereof i —€ insofar as they are inconsistent or in conflict with the provisions of the proposed Charter Amendment. The proposed Charter Amendment shall become effective upon passage by the electorate. CHARTER ,-ANgNbMFNT No. 1 Sections 4► 13-A, 13-13► 15, 16, 21, 52, 53, 54, 55, 62, 55t 88 and 90 of the City of Miami Charter, Chapter 10847# Special Acts, haws of Florida, 1925, as amended, are hereby further amended in the following particulars:2 2 "8ec. 4. Form of government. (a) General description. The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the leemmi'sien-tnannger `.executive mayor plan'. and tThe commission shall consist of five (5) citizens, who are qualified voters of the city and who shall be elected at large in the manner hereinafter provided. The executive mayor, who shall have the same qualifications as the commissioners and shall not be a member of the commission, shall serve full time,_without other salaried employment, and shall be elected for an initial term of two years and after the 1987 election shall serve four year terms. After 1985 the mayor shall not be elected for more than three consecutive full terms of office. The commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances, adopt regulations, and appoint all boards and committees. epee-int-a-chief-admtntstratt�e-off eer-to-be-known-as the -lei ty-manager;l-and The commission shall exercise all legislative powers conferred upon the city except as hereinafter provided. (b) Election of commission and mayor; terms of office; recall. The commission shall consist of five (5) members who shall be elected from the city at large in groups numbered I through V. 6ne fi} of said commissioners -shall -be tThe mayor and shall be elected by the people from the group category designated mayor te-be-numbered-f and all persons desiring to qualify as candidate for mayor shall file in group f such category. The mayor shall have the power set forth in the Charter of the City of Miami in Dade County, Florida. All persons desiring to qualify for commissioners shall file in groups numbered ff I through V. Group I and category mayor shall be elected at the general elections held in 1985. The Group I commissioner shall serve terms of four years. Commissioners in groups numbered II and III shall be elected at the general elections to be held in the year 1955 and at each general election each four (4) years thereafter. Commissioners in groups numbered IV and V shall be elected at the general elections to be held in the year 1957 1985 and at each general election each four (4) years thereafter. The mayor shall be elected -at -each -general -election -and -shall -hold -office for a term of two f-2+ years.- The mayor and all commissioners [are] to hold office until their 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, W23- successors are elected and qualified from twelve eie�eek�t�gbr��ef�wtt�e�dap.:eftertl�e�ea�,vase�ef�th���e�e txr�d tine eiee ett�t#art ef�flie= ee art ef�tl�e a en r The mayor and all ethev members of the commission shall be subject to recall. "Vacancies shall be filled as Provided in the Charter efLtl�e-#t►-ef M+amt. If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his group# he shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as hereinafter provided. If there be no majority, two (2) candidates for nomination of the office of mayor or commissioner who receive the greatest vote in the primary election in each group shall be placed on the ballot at the next regular municipal election following the primary as provided in section 8 of this Charter. The candidate for nomination receiving the greatest vote in the regular municipal election following the primary election, if otherwise qualified, shall be elected from the group in which he is qualified. Any incumbent commissioner desiring to run for the office of mayor or for another commission seat shall present an irrevocable resignation of his/her present office of city commissioner to the city commission not less than ninety (90) days prior to the date of election, whether primary or general, and said resignation shall become effective on the date of the election. Upon receipt of said resignation the commission shall make a public announcement of the resignation and instruct the clerk to accept qualified candidates to run for election for the unexpired term of the commissioner resigning for the purpose of running for mayor. If any mayor or commissioner elected under the provisions of this act desires to run for some elective office other than the mayor or city commissioner, then under such circumstances he/she shall not be required to resign his/her city office unless and until he/she has been elected to such other elective office. In the event that such mayor or commissioner is elected to such other elective office other than that of mayor or commissioner, he/she shall immediately resign his/her office as mayor or commissioner and upon his her failure or refusal to do so he/she shall be discharged and ousted from his/her office and said office declared vacant by a majority vote of the remaining members of the city commission. (d) Commission to be judge of its own election; not-to-aietate-appeintments-by-or-interfere-pith-city manager. The commission shall be the judge of the election and qualifications of its own members, subject to review by the courts. Neither-the-eommiss#on-nor-any of its committees or members shall dictate the appointment-of"any-person-to-office-or-employment-bp the -city -manager -or -in -any -manner -interfere -with -the city manager prevent him from exercising his own judgment- tin- the -appointment -of -officers -and -employees in"the-ad�►inistrat$ve�sart�fee;-�bxeept-for�tl�e-parpese ef-rns�a#r�+:,-the�carnm�safes-and�-ts�members--sha���deai xith�the'-a�miniatrati�re�eerbfee^solel}+,,throa�h-the�+�it�+ manager and neither the commioo+on nor any member theraef--shah^give=orders--te-anq�of �the�ssbordinates�of -24- 0 0 the mayapt a#thee pebl#e!Y at ptiybtelYt AnY eeeh d#etet+ORI—�tevent#an��ot�ete�et�ethee=�eebe�e�ebee�er� the pert of a member of the eemm4aelen 'with the adtln#otter en of the eity eheil be deemed to be V+aIet#en-ef- the -eh atter I-end-epen-eon�#et#o �beirote the a#ty eaett any member eo eamvieted eholl be a tib�eet�tt��a�f#ne�not�e�eeed#n��f#�b�handtee9�c�a��eto f��ee���}=et�#�+pe�eon�e,�t=�et�e�tetr��e��eot�e�eee��ng slt�f}=ee®otbethan�n=theme#etrt#er��ef-the eestt ehe fer�fe#t�h#e a #ee: in the_exsi iss.of Its yPsiAlAtive functions and tJowers► the commission..or_ any r.oMmissioner Mav enter into consultations L. with board-4 necessary; heweVer member thereof sha] de at'tmen_t, office his/her duties, no with the mayor or independent iudgment w neither the coT1missi.on, nOr. an interfere with the conduct of an :)r employee in the discharge o -2hall any commissioner interfer revent him/her from exer.cisin n the appointment of employees. (e) Ratification and appointment Hleet-ien of officers by commission; rules of commission; quorum. The commission shall eleet ratify by a majority vote the appointment made by the mayor of a director of administration, a director of finance and budget, eliy manager- and -shall -eleet-a elerk, and a city attorney. The Commission shall appoint and supervise a clerk who shall serve an indefinite term at the will of the commission. a-itidge-ef -the-manlelpal-eet�rt-and-elvll sere-lee-eemmtsslen;-but nNo member of the commission shall be ehasen-as manager-er-a9-a-�etnber-ef-the-elv}} serv4ee eemml994en er appointed to any ether city office or employment. The commission may determine its own rules of procedure and may punish its own members for misconduct. and -may eempel-attendanee-ef-members A majority of all the members of the 'commission shall constitute a quorum to do business, but a smaller nu►nber may adjourn from time to time. (f) Meetings of commission; to act by ordinance 4 or resolution, form of, manner of passage and publication of ordinances; veto. At twelve o'clock noon on the day the commissioners take office, they shall meet at the city hall. Thereafter the commission may meet at such time and place as may be prescribed by ordinance or resolution. The meetings of the commission and all sessions of committees of the commission shall be public. The commission shall act only by ordinance or written resolution; and all ordinances and resolutions, except ordinances making appropriations, shall be confined to one (1) subject which shall be clearly expressed in the title, The ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be - passed until it has been read en-twe-f2}-separate-days er-the-requirement-ef-reading-en-twe-fZ}-separate-days been-diapensed-with-by a fear-f+fths-f4f5}-mete-ef-the members-ef-the-eemmisslen in accordance with state law. ordinances shall be read by title only. Copies of proposed ordinances shall be furnished to each commissioner and shall be made available to all interested persons. The ayes and noes shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the commission, and every ordinance or resolution shall require on final passage, the affirmative vote of a -25- 1000 Majority of all members. No member shall be excused from voting except on matters involving the consideration of his/het' own official conduct, or where his/Yet financial interests are involved. The mayor,.. the," fectoe_of.administration, and the director .of finance and udget, the clerk and the city attorney, or their designees shall attend all regular meetin s_of the city commission. All nonemergency ordinances and all resolutions passed by the city commission shall be submitted,,, before going into effect,,,to the mayor for h_is/h.e,r approval. If a roved, he/she shall sign the same within 15 days after passage; thereupon, it shall. become a law but shall not go into effect earlier than 15 days after passage by the commission unless otherwise provided in the measure. If the mayor wishes to disapprove, he/she shall do so by filling his/her written disapproval with the clerk within 15 days -and by returning the measure with his her objects in writing to the citycommissionat or before the first regular commission meeting following its passage by the commission, whichever is earlier. The objections shall be entered in full upon the record of the proceedings and the commission shall proceed to consider said objections and to act upon the same. If upon consideration the city commission shall pass the same by a four -fifths vote of the entire commission, which vote shall be entered upon the record,_the ordinance or resolution shall then become a law_, the mayors objections to the contrary notwit standing. Failure to file a written notice of disapproval with the clerk within 15 days or failure to return the measure with the mayor's written objection to the city commission at or before the first regular commission meeting following the commission's passage of the measure, whichever is earlier, shall result in the measure becoming a law, not to o into effect earlier than 15 days after passage by the commission. (g) Powers and duties of mayor. Notwithstanding any other provision of this Charter, Tthe mayor shall preside-at-meetings-of-the-eemmtssten-and-perferm-such ether-duties7 have all executive and administrative powers of the citynn ad erform all duties consistent with his/her office and-this-Eharter, including but not limited to the following: as may be imposed by the eemmtseien--He-shad-be-reeegnised-es-the (1) to serve as the official head of the city for all ceremonial purposes and shall be the official spokesperson for the city; (2) to be recognized by the courts for the purpose of serving civil process, and by the governor for military purposes and may declare a state of emergency; fin time of public danger or emergency; he may7 with the consent of the eemmissieners; take command of the pelice and maintain-eider-and-enforce-the-f curs.-aartng-his absenee or disability his duties sha+i be performed by another member appointed by the eommission* 00084 (5) to enforce the charter and ordinances of the city and all general laws_ applicable thereto; to present recommendations to the commis the requirements of the city government, n but not limited to the initiation of ord and other legislation: ion on nances .vyc�.alcL w.Ll.11 all VjJCLCILLIIy L7uayeL message. 'rne line item budget may be changed by the commission. The mayor may veto any change made by the commission. Such veto may be overridden by a four -fifths vote of the entire commission; (_8) to exercise a veto power over ordinances or resolutions adopted by the commission; which may be overridden by a four -fifths vote of the entire commission; (9) to attend all meetings of the commission with authority to take part in the discussions or direct any officer or department head to take part in the discussion, but without power to vote; or any Ousiness of public im ort. (11) to present an annual state of the city address. (12) Notwithstanding the above, the mayor shall not have the power to transfer appropriated funds between offices, departments or division unless authorized by the city commission. f h}--$af ar�e9-of -eemm#aster: --there-9he��-be-paid to-tine-eom�fe9tonera-af-tt�e-E#ty-ef-M�am�T-��erfde�T-ley the city of Miami as eempeneatfonT the sum of five thogsand delfar9 t65768986} per year for eaeh eemm#aafonerT payabi-e monthly in twelve f+B} equal fe�btaf�tnenteT-and-the;ee�ahaf#�be-�a�c�-by�the-E�tY-off t��am�-te�tl�e-ma�►oe-eem;nf ss�er�er-�e+��adsitt}ont��-eam--not te-exeeed�tr+o�thoaaand�f�t�re-h�ndred-doffare-f��'T564 � 68} W27- any or elf rntette#n ,ent empemses of the eff#ee of The said eompensetian of five thousand dollars per year is to be pe#d ee provided #n �eee3es����et�e�pe+�ee�#r����aea�eapa�=l�eeee��b�gis+���►g I�eeember I-V 1-949-r to the three f4} eem+ ias#oneea Novembee 1949* and the avid eampemsat�on of five the�gendndo��aea�f�5�H9999��:ia-to=be�paid�beginn#ng peee�be�-���i99��r��ar�the=ethee�twe�f���eoe+�+issioners ahe=v�i��=be�e�eete��et�tl�e-ee�e�ae�ri�er�#e�pa�-e�eetie+� to�be�he�e�-fn��ove�bee���99i:��it45�rndeeateed�that the additietiai e'empenaetien of twe thausand fete hendeed dollars f6 599:99} to be paid to the r ayoe-eeMr i9s ienee as provided in seetion f +the peeeeding�-paeag�raph}-hereef �-ahaii-be�paid�-beginning Heeember-ij-1949 (h) Chairman_ of commission and vice --mayor; service status► The chairman of the commission and the vice -mayor shall both be selected from the members of the commission by the commission to serve for one year and shall be so selected within 15 days of the_1985 general municipal election and yearly thereafter; if not so selected, the chairman and the vice -mayor shall be appointed by the mayor from members of the commission. No chairman or vice -mayor may serve more than four (4) consecutive one (1) year terms and, after a two (2) vear period. may be eligible to serve again. (i) Salaries of mayor, commission, city attorney, clerk, chairman of the commission, and directors of administration, and finance and budget. The commission shall set the salaries, compensation, pension and emoluments of the mayor, commission, clerk, and the chairman of the commission at the time each fiscal - year budget is approved. The salaries of the city attorney, the directors of administration, and finance and budget, shall be established by the mayor. (j) Qualification and duties of the director of administration, and the director of finance and budget. The individual or individuals holding the position of director of administration, and director of finance and budget shall have general oversight over such departments, boards and committees as may be assigned by the mayor. Generally, the director of administration shall hire the personnel for and supervise those service departments such as police, fire, sanitation and planning and zoning boards administration; and the director of finance and budget shall oversee the fiscal aspects and hire the personnel for and supervise the departments under his/her supervision. (k) Summary removal. The City attorney, and the directors of administration, and finance and budget, serve at the will of the ma or and ma be terminated without cause. The termination b the ma or- is f nal. Hotaever, if they wish a public hear�.r on the removal they maY regueat one in writltl9 w th1i1 one week of bein terminated b fi1in such re nest with the office of the ci t_ plerk, and the commission sha hold such fiearing within two weeks of -the zeguest for hearir►a. W28W 1000 Sec. 13-A. Filling vacancies in commission mayor - A vacancy on the eemrnss#en in the office of commissioner caused by death, resignation, or other causes shall be filled within ten (10) days after such vacancy occurs by a majority of the remaining commissioners and the terms of office of the person so appointed shall be until his a successors in office are is elected and qualified at either fl-}ithe-odd-yee►r�first-general-eieetien-fee-eemmissieners held-pr�rs�ant�te=seet�en--4-ef-the-E�harter=ef-the-Erty=ef Minmt�-er f2}-the even -peer State of Plerida general a+eetien:, at which-eieetien-nut+enai -state- and- county-offices-aee f+Iled; the next general election. The commission shall likewise fill such a vacancy in the office of mayor. whiehever-eeeers-first.- In the event that the remaining commissioners shall fail or refuse to fill such vacancy within ten (10) days after it occurs, as provided herein, then, and in that event, the city commission shall call a special election to be held at a date not less than thirty (30) or more than forty-five (45) days after the expiration of the said ten-day period for the purpose of having the electors selecting such Commissioner or eommissioners: fill such vacancy. Persons otherwise qualified for office shall have ten (10) days from the call of the election within which to file the statement and pay the fee required of candidates in regular municipal elections. The person who receives the greatest number of votes in said special election is elected and shall be the city commissioner for a and -his term of office shall -be unti+ -his-er-her ending when his or her successor in office is elected and qualified at the first general election fer-Cemmissieners held pursuant-te-sectien-4 of -the --Ekarter-ef-the-e+ty-ef-Miami subsequent to the special election held to fill such vacancy. Shod+d-there-be-mere-than-one-fl}-sueh-vaeaney-en the-eommissien;-then;-and-in-that-event;-the-person-or persons-reeeiving-the-highest-number-of-votes-in-such election ahaii be the City commissioner or eemmissienera- If there is more than one (1) vacancy on the commission, there shall be only one (1) election, and the persons receiving the greatest number of votes shall be elected to fill the vacancies, for terms ending at the next 'general election. Elections held subsequent to the filling of vacancies shall, when necessary, be for shortened terms, in order to preserve the sequence of staggered terms provided for in this Charter. A like vacancy in the office of ma or shall Be filled by, an appointment by the commission withinTO days of the vacant or an election shall be conducted in the manner described above. "29- 00A v All ���: �����:��,�:;.::����'tfer►��het��term��ef�f�ur er�i7le+rtyCel�Ah�����t9ers�e���rej h#mt��tetieosslp : = t\17C L'G �thG�teL�s-efJ�V4r-f ��--VL W1Ie1G-l.V 7IlITlis�l��e�7 number of eemm4:ss#eners eegaired to eetistitate a CbttlfRt9s#can=ef�ffe�e=f 5�=�ttri�bers=sl�a��-bC=+��eeter'1-=fet�the terns=ef�off#cej�rebcribed�by=secti�on�4-ef-tae-eh�rt�r gHalff�rcatfons; -terms-, -salary; siCltl"tess-er absenee;--remove}:- The commission shall within thirty f33} daps after - taking -of fi ce be-the-adm#nistrat#ve-head-of--the-mantetpa�-ge�ernment and 9ha3:-1 be responsible for the efficient adman#stratien-ef-ai}-degartments=ane]-map-be-the-head of -such-department-as-the-commission-may-by-ordinance previde- He shall be chosen on the basis of his executive-and-administrative-qua�ifieatiens---He-shall held-offiee-at-the-will-ef-the -commission---He-sha}} reeeiee-such-salary-as-map-be-fixed-by-the-commission: f n-ease-ef-the-sickness-er-absenee-ef-the-city-manager the-city-commission-map-appoint-another-person;-net-e member of the city eommission; to act for the City manager;-daring-his-sickness-er-absence-and-the-person se-appointed-map;-during-the-absenee-or-sickness-ef-the city -manager; -act -for -him -and -perform -al} -his -duties and-a}}-such-acts-ef -the -person=se-appointed-shall-be as-valid-as-though-performed-bp-the-titp-manager.---the person-appointed-bp-the-city-commission-te-act-as-city manager during the absence or sickness of the city manager shad net be entitled to or paid any eempensatien-far-his-services-as-such-city-manager-bp the-Eity-of-Miami- faj--Removal of city manager.- The commission shall -appoint-bp-a-ma�erity-vote-of-its-members; the-cf tp-manager -for - an- indefinite -term; -and -map remove-him;-bp-a-ma�eritp-vote-ef-its-members.--At least -thirty -f3GJ -days-before-such-remeval-sha}} become effective; the commission shah ; by a ma�eritp-vote-ef-its-members-,-adept-a-preliminary reeelutien-stating-the-reasons-for-his-removal: The city manager may reply in writing and may request-a-publie-hearing;-which-shall-be-held-net earlier than twenty 1-38i daps nor later than thirty- f 3G+-daps-etf ter-the-filing-ef-suer-requeet- After-suer-publie-hearing;-if -one-be-requested; and-af ter-full-eensideratien-the-commiasien-,-by-a maierity-vote-of-its-members;-map-adept-a-final re0elntien-of-remeval7 See;--i6:--6ame--dowers-and-duties: the-powers-end-duties-ot-the -city-manager-shah ire #�x3�-fie--see-that-t�lte�inwlgav-end-erd$nanpeee-�are-ent+areed f.�+s appoint - oil le�nd^eaHM NI ltdirectors of the departments .and *+l 30- 1 10 ,0 0 0 0 snba�rd#gate slf#e+ets end employees #n the depeftments #n both thy! ales#fled and tinelsss#f#td-setvlee =al# #5p �#�tt ltt�ta�ta be tl 9a i merit and fitness alone; and #n the eaass#ilea service all aprointmentt and removala tb be shb3eettc-this eheeter fe+--To extre#se eef,tre# over all departments &M6 d# r#s#e�w►s cttatedih+art#nvc t-thatitnay�be htrtafter cte�+ttd'=by�t1°le""telti'it'It# �s#en id+-=-Te- attend- all-Meet+"Ia-of- the- eernrft#5s#en-w#th- the t#ght-teng-fle 'vett: fed---�5�e-reCe�nmend-te-the-eamrn#ss#en-let-ndepttc�i�=sneh measnresyas=-ht-mdy-deeM-necessary-er-expetllent ff}--Te keep the commission fully ad'r#5ed as to the f#nt�ne#a#-eend#t#en--and-needs-af-the�e#ty; -nnd- perform- sneh- other- dnt#es-as-may-be-prescribed by-ths-�hnrter-er-be-regn#red--ef-hlm-by-and#ranee ar--resent#en-ef-the-eemm#ss#an- Sec. 21. Department of law. The city attorney shall be the director of the department of law and an attorney -at -law admitted to the practice in the State of Florida. He or she shall be the legal advisor of and attorney and counsel for the city, and for all officers and departments thereof in matters relating to their official duties. He or she shall prosecute and defend all suits for and CE behalf of the city, and shall prepare all contracts, bonds and instruments in writing in which the city is concerned and shall endorse on each his or her approval of the form and correctness thereof. The city attorney shall be the presecet#ng attorney-of-the-munteipel-eeurt:--He-shall have such number of assistants as the commission ordinance may authorize. He-shall-proseeute-al+-eases-brought-before such-eeurt-nnd-perform-the-same-duties;-se-far-ns-they are applicable thereto; as are required of the preseeut#ng-attorney-ef-the-eeunty- When required to do so by the resolution of the commission, the city attorney shall prosecute or defend for and in behalf of the city all complaints, suits and controversies in which the city is a party, and such other suits, matters and controversies as he or she shall, by resolution or ordinance, be directed to prosecute or defend. The mayor, the commission, the-elty-managerT the director of any department, or any officer or board not included within a department, may require the opinion of the city attorney upon any question of law involving their respective powers and duties. The city attorney shall be a full-time governmental employee; shall not engage in the private practice of law, and upon his eject on by the City ear►m#ae*an-aha**-serve-=anti f-the- time -for -the- e*ection -3i- 0 0 ■: ehetter Wh4eh 4614ews the Me -Mt gemetal f efl4elpel eleet4et' Sec. 62, Same --unclassified and classified service. The civil service of the city is hereby divided into the unclassified and the classified service. (1) The unclassified service shall include: (a) The city managet; his assistants; and secretarial staff to_the_ .mayor, city attorney .and ci,ty clerk. Personnel with permanent civil service rights appointed by the city -manager ma or, city attorney and city. clerk shall retain said civil [service] rights in the position from which selected as may have accrued. Sec. 88. Power to appoint boards or commissions of citizens. The commission may, at the request of the city manager;-appeint create boards or commissions, to be composed of such number of citizens as the commission may deem expedient to act in an advisory capacity in conjunction with any one (1) 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. 90 Compensation of officers and employees. The eommissien shall fix by ordinance the eempensatien-of-the-city-manager;-henda-ef-departments; manicipal-judges-and-the-city-cleric:-The-city-manager The mayor shall fix the number and salaries or compensation of all ether officers and employees except as otherwise provided in this Charter. The salaries or compensations so fixed shall be uniform for like service in each grade of the service as the same shall be graded or classified by the city manager mayor 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. -32- 1 0 Q 0° Section 2,A, To accomplish the stated purpose of the herein proposed Charter Amendment it has been necessary to make extensive changes In the existing charter; accordingly, it is the express intent of this ordinance to vest the mayor with executive and administrative powers presently held by the City Manager. In furtherance of such purpose and intent all references to "City Manager" contained in the Charter and not expressly addressed in Section 2 of this ordinance shall be changed to "Mayor'! including but not limited to Sections 520 53, 54, 55, and 65. Section 3. The provisions of Section 2, in whole or in part, of this ordinance shall only become operative if proposed Charter Amendment No. 1, having been approved by the City of Miami electorate at a Special Municipal Election on September 4, 1984, is ruled invalid by judicial decision, in whole or in part, and in case of such a ruling of invalidity, the provisions of Section 1, in whole or in part, of this ordinance shall be void, wholly or partially, and shall have no force or effect. Section 4. All existing Charter sections or parts thereof and all ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such 1.. 0 0,0 z ca holding or invalidity shall not affect the tataiming portions of this ordinance unless such holding or invalidity thwarts or frustrates the above expressed intent of the City Cottilssion. If the expressed intent is not thwarted or frustrated, the remainder of this ordinance after the exclusion of such Invalid part or parts, shall be deemed and held to be as valid as it such part or parts had not been included therein. PASSED ON FIRST 98ADING BY TITLE ONLY this 23rd day of Ma y 0 1985. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of Jung o 1985 Maurice A. Ferre MAURICE A. FERRE ATTfir/ M A Y 0 R • PREPARED AND APPROVED BY: 4-r.Wl �, ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS -TO FORM AND CORRECTNESS: LUCIA A. DO CITY ATTORN 1, 'Clerk of the City of Miami, Florida, hcruh Y ccrtify that oil IheA ... I —A!", i if.... e6a ful!, true In COP I . C k -0. Va`i :ii Ui S)u 1 Do of, doe Dad.- County Court the plaice pruvid_,; :'o" pt,tic pub'ici!ions by attaching said copy to NVITNESS my hand nj t,1, official seal or &-ii-- "' U o'""', CiLy this. -,.....Jay ol ................ 13, j 9, ...... ......... .. City CIerIG IW34- CItY OP MIAMI, rl-0141bA IN115R-OFPICE MtM()RAN0U1M To Ralph Ongie VA1F June 1� 1985 FILE: City Clerk "Ueir,.,., Request by Mr. Xavier L. Suarez to be heard on Executive Mayor Sergio Pereir issue FROM City Manager caE::at:r�cLs The attached letter from Mr. Xavier L. Suarez, Attorney at Law, is being forwarded to you so that his name can be included in the list of those members of the public who wish to address the City Commission on the subject of the Executive Mayor Form of Government. This matter is scheduled as a Second Reading Ordinance to be heard at 10:00 a.m. at the June 13th City Commission Meeting (Agenda items B1 through N ). My staff contacted Mr. Suarez and informed him of the fact that all second readings of ordinances are considered public hearings and therefore, there was no need to treat his letter as a request for a separate personal appearance in that segment of the agenda which is normally scheduled for consideration at 4:00 p.m. If you have any questions, please advise. attachment cc: Honorable Mayor and Members of the City Commission '10003 LAW OftlCtS ARNETri ALA 1�s AMORA UAR roots IN: +c, PALM BEACH, I:WhIbA iLL PLAZA, StAtt 666 LOU15VILLE, KENTUOCY. WASHINCftON, b.C. V,. '0Kt1)A 33131 FkANKtO1tt. KENtuCKY — ?' r i NASHVILLE. TENNiMtt 1 � (305)374-0622 AtLANTA, GEokOIA XAVIEii'L. SLIARtZ i ELtilC 514160 NEW ALHANY, I'NbIANA PARTNER May 290 1985 Albert Ruder, Assistant City Manager Agenda Clerk's Office 3500 Pan American Drive Miami, FL 33133 Dear Mr. Ruder! This is my request to be placed on the agenda for the meeting scheduled June 13, 1985. I wish to be heard on the issue of the Strong Mayor. Very truly yours, Xavier L . Suarez XLS/kds CII*Y oP MIAMI. PL61gIbA B1 To: Sergio Pereira oAtt: May 31, 1985 FILE: City Manager SU13JFCT: Charter Amendment R� LuCIa A. tioug erty q iEli NcEs: Partisan Election of Mayor City attorney ENCLOSUiiESt The City Commission at its May 9, 1985 meeting adopted on first reading the attached ordinance which provides for a separate Charter Amendment (No. 2). This ordinance proposes a charter amendment subject to a referendum on August 13, 1985, that will mandate partisan elections for the office of Executive -Mayor if the proposed Executive -Mayor Charter Amendment is approved by the electorate. If these proposed ordinances are approved and adopted on second If at the June 13, 1985 Commission meeting, it would then be appropriate to adopt a resolution calling for a special election on August 13, 1985 which is the election date designated in both of the ordinances. LAD/RF'C/b j r 11 2- MIAMI RVIM AND DAILY RECORD 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 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: ORDINANCE NO Inthe ....... ...Y. X........................... Court, was published in said newspaper In the issues of May 31, 1985 Afflant further says that the said Mlamf Review and Daffy Record is a newspaper published at Mfamf 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 o1 one year next preceding the first publication of the attached copy of advertisement: and afflant further says that she has neither paid n missd any Zenon, firm or corporation any discount, rebate c mission or refund for the purpose of securing this adve se ant for publication in the said newspaper. _ ����ttal rffr r Avtom to and•subacted:before me this 31S. day oe.....'Ami �Y.:`i •;.., 1t0. 19 ...$5 r a►aoks sl aao`o! Florida at Large (SEAL) �% My Commission etfgi�dpOilittA19�7`y,� OITY Oil MIAMI, DA5E COUktV, P1,611litfX NO'triir8 6P -06111 916 01sbINANrVr� Notice It hereby given that the City 66hihtlssi6t of the City of Miami, Florida, on June 13,1f t, r;rattithanctng at 9:60 A.M. in tho City 06MM19910n Chamber, City Hall, M Pah Attiaridan Or., Mlaflii, F161I will consider the following Ordihbnca(s) on final tead►h§ 6hd the ad60116n thereof: ORDINANCE NO. AN ORDINANCE PROVIDING FCR THE HOL61NO OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON TUESDAY, AUGUST 13, 1985, WITH RESPECT TO THE, JE ISSUANCE OP $7 666,1)()0 FOR THE, 6AYPRONT PARK REDEVELOPMW PROCT BONDS. ORDINANCE NO, AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR V,000,060 GENERAL OBLIGATION BONDS OF THE CITY OF MIAII FLORIDA; FOR THE PURPOSE OF PAYING THE COST OF DESIGNING, CONSTRUCTING, DEVELOPING, EXTENDING, ENLARGING AND IMPROVING THE SAYFRONT PARR OF _ THE AMERICAS IN THE CITY OF MIAMI, INCLUDING FACILITIES PROPERLY APPURTENANT THERETO, AND THE IMPROVEMENT OF LAND FOR SUCH PURPOSES AND THE ACQUISITION OF EQUIPMENT THEREFOR, ALL SUCH ACTIVITY CONSTITUTING THE BAYFAONT PARK' REDEVELOPMENT PROJECT; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS. ORDINANCE NO. AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 1", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON AUGUST 13, 1985, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE CREATION OF AN EXECUTIVE MAYOR FORM OF, GOVERNMENT FOR THE CITY OF MIAMI AND DEFINING QUALIFICATIONS, FUNCTIONS AND COMPENSATION OF THE MAYOR, COMMISSION, CHAIRMAN OF THE COMMISSION, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDGET, AND CITY ATTORNEY; PROVIDING FOR THE TERMS OF OFFICE AND ELECTION DATES' FOR FIVE COMMISSIONERS AND THE MAYOR; DEFINING'THE CLASSIFIED AND UNCLASSIFIED'CIVIL SERVICE; SETTING TERMS AND CONDITIONS OF OFFICE FOR THE, CITY ATTORNEY AND CITY CLERK; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH CHARTER AMENDMENT TO TAKE EFFECT UPON PASSAGE BY THE ELECTORATE; CONTAINING A REPEALER AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE SETTING FORTH APROPOSED CHARTER AMENDMENT, KNOWN AS "'CHAPTER, AMENDMENT. NO. 2," TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL -ELECTION ON AUGUST 13, 1985, SAID, 'T AMENDMENT OF THE; CITY CHAPTERO PROVIDE.:FOR THE HOLDING OF PARTISAN ELECTIONS FOR THE -OFFICE OF MAYOR IF.THE PROPOSED EXECUTIVE MAYOR CHARTER AMENDMENTKNOWN AS CHARTER, AMENDMENT NO. 1, SCHEDULED' FOR REFERENDUM ON AUGUST. 13, 1985 BECOMES EFFECTIVE, SAID PARTISAN ELECTIONS'TO COMMENCE NOVEMBER 5, '1985,,SETTING FORTH' PROCEDURES FOR NOMINATION OF CANDIDATES; PROVIDING. FOR A:,FIRST AND SECOND PRIMARY`. NOMINATION ELECTION; PROVIDING FOR THE.NAMES OF QUALIFIED INDEPENDENT CANDIDATES TO BE PLACED ON THE BALLOT.ATTHE.REGULAR ELECTION; REPEALING. ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; , PROVIDING FOR SUCH CHARTER' AMENDMENT O,TAKE, EFFECT UPON PASSAGE BY THE' ELECTORATE, AND CONTAININGA SEVERABILITY.AND. REPEALER GLAuse,` Said proposed ordlnance(s) may be Inspedted by thIe public,at the,; office of the City Clerk, 3500 Pan A-.meriaan; Driva,.Mlami, Flortdaa<,,. Monday lhripuph Friday, ezcl4iding .h.Allt�a�>9, dtrrinp the hours t,6 09 A.M. to 5:00 P.M. AII7nterestoO parties may appear .at the meetin.4 and be heard wittl respect to the proposed ordinsnce(s), 0puld any person desire to appeal any decision of the City, Commission with reo0oot to any rpatter tQ 4e port tdered'; t this meeting, that person shell onsu►e that a. YarOt#tim,.rrefX�rL! of #he;; proceedlnpl3 Is made irtciLldin all ,testimt?ny sold.r)dant;e' uplan. which any (Itppeal may be b@s� (MtdiB) Woo CITY r ,C. QfilGll*.. CITY Ir RI CITY QF.t�iIllRMlt.FU BID& MR 110 MIAMI REVIEW AND DAILY RECORD 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 President 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 `7IAMI Re: ORDINANCE NO. 10003 In the .......... �i.:�.. .................... .... Court, was published in said newspaper in the issues of JUne 19, 1985 Afliant further says that the said Miami Review and Daily Record 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 aovertis ant; and atfiant further says that she has neither paid n mised any person, firm or cor rebate c mmission or refund for the purposeiOf securingothion s adve s ant for publication in tV said newspaper. .illiirrfr . Swowi to 4 RdCaypscribec day of before me this 9.h ; . _ ` =.*....�'. a D.1+...S5 a �. - city L. arogks Public, State o) Florida at Large (SEAL) ,�i�i pF� ' • * ` ; " My Commission expires �igrrir ;r,,! elty OP MIAMI, 6AN 66UNfVj I L8011DA LEGAL k6fi E All Interested pertions will take notice that oh the lath dey of duns, 1485, the City C6ri misaloh of Miami, Florida adopted the following titled ordinahce(s): ORDINANCE NO. WON . AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY REPEALING ARTICLE IV, ENTITLED ,PEN81ON AND RETIREMENt`PLANS," OF CHAPTER 40, ENTITLED "PERSONNEL," OF tHECODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING ORDINANCE NO. 2230, AS. AMENDED, WHICH PROVIDED FOR A PROGRAM OF RETIREMENT ALLOWANCES AND DEATH BENEFITS ON BEHALF OF CERTAIN EMPLOYEES OF,THE CITY OF MIAMI, SAID PROGRAM BEING ENTITLED "MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM"; CRP-- ATED A RETIREMENT BOARD TO MANAGE AND OPERATE THE SYSTEM; PROVIDED ITS POWERS, DUTIES, AND FUNC- TIONS; PROVIDED FOR A TRUSTEE; AND SET FORTH THE PLAN OF FINANCING THE SYSTEM; AND BY REPEALING ORDINANCE NO. 5624, AS AMENDED, WHICH PROVIDED FOR A RETIREMENT PLAN ENTITLED "MIAMI CITY GEN- ERAL EMPLOYEES' RETIREMENT PLAN," TO PROVIDE CER- TAIN RETIREMENT ALLOWANCES AND DEATH BENEFITS ON ACCOUNT OF GENERAL EMPLOYEES OF THE CITY OF MIAMI, FLORIDA, OTHER THAN POLICE OFFICERS AND FIRE FIGHTERS; CREATED A RETIREMENT BOARD TO MAN- AGE AND OPERATE THE PLAN; PROVIDED FOR ITS POW- ERS, DUTIES AND FUNCTIONS; PROVIDED FOR A TRUS- TEE; AND SET FORTH A PLAN OF FINANCING SAID PLAN; SUBSTITUTING THEREFOR A NEW ARTICLE IV, ENTITLED "PENSION AND RETIREMENT PLANS," WHICH ESTABLISHES THE "CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFI. CERS' RETIREMENT TRUST" AND THE "CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST'; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ORDINANCE NO. 10003 AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 1 ", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON AUGUST 13, 1985, SAID AMEND. MENT OF THE CITY CHARTER TO PROVIDE FOR THE CREA- TION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIAMI AND DEFINING QUALIFICATIONS, FUNCTIONS AND COMPENSATION OF THE MAYOR, COM- MISSION, CHAIRMAN OF THE COMMISSION, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDG• ET, AND CITY ATTORNEY; PROVIDING FOR THE TERMS OF OFFICE AND ELECTION DATES FOR FIVE COMMISSION- ERS AND THE MAYOR; DEFINING THE CLASSIFIED AND UNCLASSIFIED CIVIL SERVICE; SETTING TERMS AND CON- DITIONS OF OFFICE FOR THE CITY ATTORNEY AND CITY' CLERK, REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH;,CHAR, TER AMENDMENT TO TAKE EFFECT UPON PASSAGE BY THE ELECTORATE; CONTAINING A REPEALER AND A SEV- ERABILITY CLAUSE, ORDINANCE NO. 10004 AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHAPTER AMENDMENT NO. 2," TO BE SUBMITTED TO THE ELECTORATE ATA SPECIAL MUNICIPAL ELECTION ON AUGUST 13;' 1985, SAID AMEND- MENT OF THE CITY CHARTER TO PROVIDE FOR THE HO'-D ING OF PARTISAN ELECTIONS FOR THE OFFICE OF MAYOR IF THE PROPOSED EXECUTIVE MAYOR CHARTER AMEND MENT KNOWN AS CHARTER AMENDMENT NO, 1, SCHED- ULED FOR REFERENDUM ON AUGUST 13, 1985 BECOMES EFFECTIVE,,SAID PARTISAN ELECTIONS TO COMMENCE NOVEMBER 5 1985; SETTING FORTH PROCEDURES FOR NOMINATION OF CANDIDATES; PROVIDING FORA FIRST AND SECOND PRIMARY NOMINATION ELECTION; PROVID- ING FOR THE NAMES OF pIDATES TO SE Pt.ACED LAR ELECT ION; REP A411 PARTS THEREOF IN COI AND REPEAI.f:H 1:.1.AU0r ' ORDINAN AN EMERUNCY ORAINAN CIAL REVENUE FUNP 9NTI Mil 119 A 6hbINANdtN6. it6ft> _. ...etc Ya st..-ilc m�imi retlyx is tiii4ti UIJo l7CY E; Vr,v,c,., [, 1VV . n.'t, , / , '. . , .. ING FUNDS FOR tHMA t PERATION IN THE AMOUNTS OF $BDAO AND $683,?5b MtSPECTIVELY 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 AGREEMENTS) WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO ACCEPT THE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. I. ORDINANCE NO. 10001 AN EMERGENCY ORDINANCE AMENDING SECTION 2 AND 6 OF ORDINANCE NUMBER 9901, ADOPTED SEPTEMBER 21, 1984, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1985, AS AMENDED BY INCREASING THE APPROPRIATIONS IN THE SPECIAL REVENUE FUND, SOUTHEAST OVERTOWNIPARK WEST REDEVELOPMENT PROJECT OFFICE IN THE AMOUNT OF $53,500 FOR THE PURPOSE OF OPERATIONAL EXPENSES, REVENUE IN A LIKE AMOUNT IS AVAILABLE FROM THE MIAMI SPORTS AND EXHIBITION AUTHORITY IN THE AMOUNT OF $8,500 AND FROM DEVELOPER'S BID DEPOSIT IN THE AMOUNT OF $45,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10008 AN ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDI- NANCE NO. 9901 ADOPTED SEPTEMBER 21, 1984, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1985, BY APPROPRIATING A TOTAL AMOUNT OF $784,952 FROM THE 1984 RETAINED EARN- INGS OF THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, $653,000 COMING FROM THE HEAVY EQUIP. MENT MAINTENANCE DIVISION AND $131,952 COMING FROM THE COMMUNICATION SERVICES DIVISION; INCREAS- ING REVENUES IN A LIKE AMOUNT TO FUND OUTSTAND- ING PURCHASE ORDERS FOR THE DIRECTOR'S OFFICE, $32,150, HEAVY EQUIPMENT MAINTENANCE DIVISION, $595,452, PRINT SHOP DIVISION, $25,398 AND COMMUNI. CATIONS SERVICES DIVISION, $131,952 REMAINING AT THE CLOSE OF FISCAL YEAR 1984; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10009 AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF $7,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF DESIGNING, CONSTRUCTING, DEVELOPING, EXTENDING, ENLARGING AND IMPROVING THE BAYFRONT PARK OF THE AMERICAS IN THE CITY OF MIAMI, INCLUDING FACILI- TIES PROPERLY APPURTENANT THERETO, AND THE IMPROVEMENT OF LAND FOR SUCH PURPOSES AND THE ACQUISITION OF EQUIPMENT THEREFOR, ALL SUCH ACTIV- ITY CONSTITUTING THE BAYFRONT PARK REDEVELOPMENT PROJECT; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS. ORDINANCE NO. 10010 AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON TUESDAY, AUGUST 13, 1985, WITH RESPECT TO THE ISSUANCE OF $7,000,000 GENERAL OBLIGATION BONDS FOR THE BAYFRONT PARK REDEVELOPMENT PROJECT. ORDINANCE NO. 10011 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLAS. SIFICATION OF APPROXIMATELY 3151.3199 SOUTHWEST 27TH AVENUE, 2660 LINCOLN AVENUE and 2699 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-215 GENERAL RESIDEW TIAL (WITH SPI.3 OVERLAY) TO REG-216 GENERAL RESI- DENTIAL (WITHOUT SPI-3 OVERLAY) MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 3D0, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO.,10012 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 13Y CHANGING THE ZONING CLAS- SIFICATION OF APPROXIMATELY 3151.3199 SOUTHWEST 27TH AVENUE, 2660 LINCOLN AVENUE and 9099 TIGERTAIL AVENUE, MIAMI, FLORIDA, ('MORE. PARTICULARLY DESCRIBED HEREIN) FROM RG-,216 GENERAL :REW9W TIAL PP MU PLANNED 09VELOPMENT MIXED V59; SUB- JECT TO THE APPLICANT OBTAINING NECESSARY VARI- ANCES; MAKING FINDINGS. AND BY° MAKING ALL 31,15 NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS MADE .A PART OF ORDINANCE NO, 9500 BY .REF: ERENOE AND P960RIPTIO IN ARTICLE 4, SECTION 3W—, THEREOF; CONTAINING A REPEALER PROVISION .ANP A Ccl/CQAtitt ]TV .P.1 At IAG RALI�FI G• IitNCalE CITY CLERK C!'i`Y �I�F �AIA!1�l, FLRRIDA + 1 . +gym