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O-09861
J-84-558 6/14/84 ORDINANCE NO. 986.1 AN•ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. Jilt AMENDING THE CHARTER OF THE CITY OF MIAMIt F.LORIDA, BY CORRECTING GRAMMATICAL, SYNTACTICALt AND LINGUISTIC ERRORS ELIMINATING OBSOLETE OR REDUNDANT PROVISIONS, AND RESTRUCTURING AND RENUMBERING CHARTER SECTIONS AND PARTS THEREOF FOR CLARITY; INSTRUCTING THE PROPER CITY OFFICIALS TO TAKE ALL NECESSARY ACTIONS FOR SUBMISSION OF SAID PROPOSED CHARTER AMENDMENT TO THE ELECTORATE _ AT A SPECIAL MUNICIPAL ELECTION ON SEPTEMBER, 4, 1984; AND CONTAINING 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 to the qualified electors of the City of Miami at a special municipal election on September 4, 1984, for the purpose of amending the Charter of the City of Miami, Florida, by correcting grammatical, syntactical, and linguistic errors; eliminating obsolete or redundant provisions and restructuring and renumbering charter sections and parts thereof for clarity. The herein proposed charter amendment shall become effective upon its approval by the electors: CHARTER AMENDMENT NO. 1 The Charter of the City of Miami, Florida Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, is hereby amended by correcting grammatical, syntactical, and linguistic errors; eliminating obsolete and redundant provisions; and restructuring and renumbering charter sections and parts thereof for clarity, to read as follows: "Be It Ordained by the Commission of the City of Miami, Florida: Sec. 1. Body politic and corporate name; NOTE: Unless otherwise seal; right to contract, sue,i and be indicated, all changes are stied. — intended to correct grammatical, syntactical, The inhabitants of the City of or linguistic errors; or to Miami, Florida, within the bound— eliminate plainly unnecessary aries hereinafter designated, or material; or to provide greater within such boundaries as may clarity. hereafter be established, shall continue to be a body politic and NOTE: All marginal notes corporate under the name "The City are purely explanatory and of Miami," and as such shall have do not constitute part of perpetual succession, may use a the legislation. common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatever. Sec. 2. Corporate limits. The corporate limits of the City of Miami hereeferth shall incerperate erd include all the territory and inhabitants within the following area, and no other=-te-wit: (See attached Exhibit "A".] Sec. 3. Powers. 1 The City of Miami shall have power: (a) Taxes and assessments: To raise annually by taxes and assessments in said city, such sums of money as the commission hereinafter provided for shall deem necessary for the purpose of said city, and in such manner as shall be hereinafter provided for, and in accordance with the constitution and laws of the State of Florida and the United States; provided, however, that -it ehe��-tmpeae no tax en-the-be"da—er the-etty7 or other evidence of city indebtedness.- shall be imposed on the bonds of the city. (b) Streets, parks, bridges, sewers, grade crossings, speed of vehicles; services and rates of motor vehicle carriers: To pave, grade, curb, repave, macadamize, remacadamize, lay out, open, close, vacate, . Transferred from former discontinue, widen, an otherwise Sec. 3(5). improve -streets, alleys, avenues, boulevards, lanes, sidewalks, parks, promenades) and other Words or symbols stricken through are to be deleted; words or symbols underlined are to be added. -1 oil 15 1 public highways or any part thereof, and to hold liens therefor as hereinafter provided; to construct and maintain bridges, viaducts, subways, tunnels, sewers, and drains, and regulate the use oT all such highways, parks, public grounds, and works; to prevent the obstruc-lion of such sidewalks, streetsL and highways; to abolish and prevent grade crossings over the same by railroads; to regulate the operation and speed of all-eaps and vehicles using the streets, highways, and same -as -we -ae- s speea }aR-aR -speed-a€-aI4-eRg4ResT eaea-and-bea#Re-e€ railroads within the city; to regulate the service to be rendered and rates to he charged by busses, motor cars, cabs, and other vehicles for the carrying of passengers and by vehicles for the transfer of baggage. (d) Contracting of debts and borrowing of money: T bjeet to the pFev4- 6 eRa of the GeRs lketieR of F-1ee}de and e€ this GkafteeT To contract debts, borrow money, and make and issue evidences of indebtedness. (e) Expenditures: To expend the money of the city for all lawful pur- poses. (f) Aegw!P4Rg Acquisition and d4opesiRg disposition of property and services: (i) To acquire by purchase, gift, devise, condemnation, or otherwise, real or personal property Pea-eP-pepseRa T or any estate ep interest therein, within inside or w}tbeut outside the city, and for any 757—Me purposes of the cityT; and to improve, sell, lease, mortgage, pledge, or otherwise dispose of the -:same such perop_e__r��t4� or any part t ereory subjeet to all regwiremeRke-e€-law. (ii) To acquire or dispose of by pdeebeseT gift ee etbeew€es services within inside or without outside the city, end by purchase, gift, or other- wise, for any purposes of the cc Ty'. Transferred fr n foxatter Sec. 3 (5). -2- (iii) The-e}ty-shall To lease to or contract with private €4pma-ee persons for the commercial use or management of any of the city's waterfront property, but only in compliance wi.tI EFie" other requirements of this c ar er and on condition a : 4e� (A) the terms of se#d the contract allow reasonable public access to the waterT and reasonable public use off` awsh the property, and comply with other G "Ftee charter waterfront setback and view -corridor requirements; and 4b4 (B) the terms of said he contract result in a 7a r return to the city based on two 42� indepen- dent appraisals; and 4e� (C) the use is auth- orized under the then existing master plan of the 644y city a€-M4em4; and 4d� (D) the procurement methoU—as shall be prescribed by ordinances are observed. Any such lease or management agreement or proposed extension or modifica- tion of ah existing such lease or management agreement which does not comply with each of the above conditions eegw4pe- menbs-aR4--tka-e94-reQw}ee- ReRbe-9€-4M}s-GhSP4eR shall not be valid unless it has first been approved by a majority of the voters of the City city of Miami. Nothing herein contained shall in any manner affect or apply to+ �4, the City of M#aMiJURtMers#ty-a€-M#am&-James 6 .-KRi9kt-ZRte*natAenal-CeRtsr and-Mete&-€as#l#tyT-iRelud#R§ aid-#mprewa�xeRte-theeeeR;-4J3 any projects the financing of which has been provided by the authorization of bonds to be issued by the City city of Miami. (g) Public propertX and improvements: To make ana main ain, W44h4R inside and w#tbeat outside the c—iiy-, public improveme'n-Es of all kinds, including municipal and other public buildings, armories, markets` and all buildings and structures necessary or appropriate for the use of the city; and to Obsolete; project completed. -3- 86 $^ 0 acquire by condemnation or other- wise all lands, riparian and other rights, .and easements necessary for such improvements; and to rent or lease from any person! €irmy eerpsre�ien�-er-�e�i�iea�-edWdivi- eienr any land or building within or without the city or any @pass within any sash bedding part thereof for any municipal purpose. (h) Public service: To furnish any and all local public service. (i) Public utilities: To purchase, hire, construct, own, maintain, operateZ or lease local public utilities, including street railways, electric light, telephone and telegraph systems, and works for supplying the city and its inhabitants with water, ice, gas for illuminating and heating purposes, and electric energy for illuminating, heating.L or power purposes. Water supply: To acquire iR any law€wl maRRer iR any eeenky of: inside or outside the state-r se without e a e er such water, lands and lands under water as the city may deem necessary for the purpose of providing piping, and conducting an adequate water supply oorea}d—Ehe city_ and-a€-pip4Rg-or senduekiRI t-he samet to lay all necessary mains; -to erect and maintain all necessary dams, pumping stations, and other works in connection therewith; to make and enforce reasonable rules and reguIaaions for promoting and rroteectin the purity of ibs-s }a to wasupply,. aR�-€er-praee- *Rg the some €rem pellwbieRt and for this such purpose to exercise full police powers and sanitary patrol over all lands comprised within the limits of the watershed tributary to any such supply wherever such lands may be located in this state; to impose and engape e-ads gwabe-penalkies-€er-kk+e vie1ratr3en of any seeh rd-1es and regelakieRat and to prevent by injunction any pollution or threatened pollution of such water supply and any and all acts likely to impair the purity thereof; and for the purpose of acquiring lands or material for any such use, to exercise within the state —all powers of eminent domain. For any of the these purposes a€speaaid said ttre city may acquire by condemn aion, purchase, or other- wise-r any estate or interest in such lands_ ep-any-a€-�.k,smT-ep-any p�gk+t-ar-aesemeR�-�MeroaRs-er-may aegd3re-sdei�-�eRda-er-any-a€-�,qem -4- w #R-€eer-Pese#�V#Rg-ba-bae-ewRef►-ee ewRePs tbeeea€ SWO P49hks e€ easements th@Fe#R as may be peeses#bed 3R the eed#Ranee peeM#�#R�-�eP-eNeki-eeRdemRab�eR-sP peeehose, subject to whatever conditions or reservations maybe reasonable: a said city may sell or supply to personsr €#emsr #Rdwabe#ea sp mwn4e4pel eeeseee- 44eRs residing or located outside e€ the city limitsT any surplus of water it may have over and above the amount required to supply its own inhabitants. (k) Rates of public utilities: To establish, impose, and enforce wstee-Fakes-and ra-Ees and charges for water, gas, electricity, and all other public utilities or other services or bonveniences operated, rendere3, or furnished by the city or by any other personT pegeeRaT €!Fm-eF-eeepegat4eR. (1) Telephone and telegraph wires: To require the placing of all elec- tric, telephone, and telegraph wires aRa else all telephone aR ke#egpapb in underground conduits, wRdeFgFewAdT and to prescribe and enforce rules and Teoulations or the construction and use of sa}d such conduits,_ i n c I u d i n g , when necessary, the construction of and e eR epee eemp ieRee eeew-ibk►T end- in -ease -a€-€84I.Wpe-"9�-ge€des# e€-the-peblie-utilities-eempanies be-p#see-edeq-w#eee-dRdeegesdRd-aR� eemply-with-bbe-Fulea-and-geguls- 44ens kbefee€T be eeRsbedeb such conduits and pleas the placin5 of the wires underground; and ma#RG 4R in such cases, to Fl aim a lien against he ranc ise and property Of aweb sempaR#eev the persons failing to comply with such requirements. (m) Harbor and shipping facilities: To establish, construct, maintain, and operate, both inside w4tb4A and outside w#bbedb the city, public an ings, wharves, docks, and warehouses; to dredge or deepen the harbors ee and rivers, or any branch— or pardon thereofr; to install turning basins, and build jetties, and otherwise -Improve the harbor &nd shipping facilities of the city, inside w#th4R and witheab outsi-d-e—ETe` city and inside w#bb#R an w* kewk outside aTi ram, or lines where such —impproovements outside of harbor lines are approved by the United States Government or its proper agencies; to acquire by condemnation or otherwise all lands, riparian, and other rights and easements -5- reasonable duties or whop€age fees on vessels coming through or using said landings, wharves, docks, -end �s---ee��es�--�easeRab�e--€see-€es stepage #R eweb weeebewe'sef to aasea -eF-gVeR4-kbe-wee-of-any -ORO of a+eee of eweb pwbl4e IandlRgar wharveay desks OF waeehouseer op pep% thereoft, or warehouses; to regulate the manner of using o her landings, wharves, docks.L and warehouses within the city; to prescribe and enforce reasonable rules and regulations for the protection and use of -its said property; to advance to the Government of the United States ep to the Seeeetapy e€ Wap, with or without interest, funds to be expended in €ks-pseeeewk!eR-a€-aRy week-e€ harbor improvements to be made by the government in ep ad3aeeRt to or near the city, or directly affecting the city within Miami Harbor and the approaches thereto, if such work has been duly adep4ed-and authorized by laws of the United StatesT; and to issue bonds or notes to obtain funds for such advances.R-Abe-iRaRRe�-be I OF may 13e ppevided by this 6Maftee OF ethap law €eF the �sewaRee-a€-�eR�s-and-Ru es-a€-�be eitryt and 4e impose and eR€eFee a�egwa�e-peRa���ae-€a�-Abe-v}e�a- tieR Of eweb gwJes and eegwja- t4eRe (n) Franchises: gu6jeet, t-e the psevia isAa-a€-the-GeRet,itwt-1eR-of "e1we V eT To grant franchises for public utilities. (o) Sewage, offal, ashes, garbage, etc.: To collect and dispose of sewage, offal, ashes, garbage, carcasses of dead animals, and other refuser; and to acquire, op construct, sad to or operate incinerators and other plants for the disposal or reduction of such matter or the utilization kbeeee€ op of any part thereofT; and to acquire by purchase, condemnation, or otherwise any estate or interest' op-sasomeRk in any water, land, eRd or land under water within the —city or within any county in the stater as-Ray-be-deemed-Reesseapy for such disposal, reduction, utilization, construction, or operation. (p) Abatement of nuisances, etc.: To compel or cause the abatement and removal of all nuisances within the city or upon property owned by the city beyond its limits at the e*peRse-of by the person or-peeseRs. causing the samer or of by the -6- --9861 owner or occupant of the gpownd-es prsem4soa-wheeeen property where the same may bey; and in the event the city incurs any cost or expense for such abatement or removal, the -serge shall eeRO444W ,e and POM84R to claim a lien against the any real property involved_ NRt#l-paw-with #Rtesest-te-aeesde-et-the-rate-e€ six 464 peeeeRt aRRwally; to require all landay lets OF 'e€hers peen+#see real eroQerty within the city to be kept clean, sanitary and free from dilapidated, deteri- orated, dangerous, or unsanitary buildings or structures, and weeds, undergrowth, rubbish, debris, trash, and or unsightly and unsanitary matter; and-#€-the-awRee SP-swRePay-OP-pefeaRs-IRter'eated-#R eeeh ppeperety de not eemply with any sweh PagwlPopeRty swea weep she}l -be-eadsed-te-be-aeeampl#shed and the east theeee€ shall be eadsed-te-beeer�e-a-lien-ago#Rat-the Peal psepeety }Rvelved #R the RQRRep-peev#ded-}R-letSE-Seet#eRs of this 6haptegy the Gedey OF appl#eable-er'd#RaReea} to regulate or prevent sladghteeheeses-ee-eta@e ne#serve noisX, unsightly, or offensive business activities or conditions within said the city* -le peer#de-€er?=lRspeet#Rg-eRd-segala- t#Rg-the-eon#they-eeRd#t#eR-a€-e}} da#�#esy-beteae�-pegs-and-sladga- tePhowsee within and w#th@et the e#ty-l}m}te-waer?e-the-pr,eddets-e€ the-sarAe-a;pe-seed-within-the-airy l#grits-and-te-pge�#de-penalt#es-€e� the-v#elet 4OR-a€-eweh-s@gdlat#eRsy be; to regulate or prohibit the keeping of animalsy, powltpy OF etaee-€ewl-these#Ry or the erfeeeles conduct of any dangerous or unw o esome businessy kFade OF erAp}syrfl@nt-taege#Rt-te-gegdlate-the taaRspeetat#eR of all aet#eles ta�ea�a-the-et�eete-e€-the-a#tyt-te eearpe}-the-abateareRt-@€-sareke-and ddaty-end-peep@Rt-kJRR@e@88e�y-Re#B8 �a@�@}Rt-te-�@gdlate-the-le@at�en e€-stables-end-the-rRaRReP-#R-wa#ea they-shall-be-Dept-and-eenet�deted activity; and generally to define, prohi i , abate, suppress, and or prevent all things detrimental Fo the health, morals, comfort, safety, convenience, and welfare of the inhabitants of The city. (q) Weights and measures: To inspect, test, measure, and weigh any commodity or arFicle of consumption or use within the city, and to fix a standards for any such sommed#ty commodities or articles; and to establis"Fi; -regulate, license, and inspect weights, meters, measures, and scales; and to make reasonable Incorporates former charges there or. Sec. 3(3). -7- (r) Fire prevention; dangerous build- ings; fire limits: To extinguish and prevent fires and to compel e#k#aeAs _p_er__s__ons__ to render assis- tance to the fire department in case of needvo and to establish, regulate andL control a fire department or division; to regulates the size, materials, and construc- tion of buildings,, fences, and other structures hopea€teP-ePeeked in such manner as the public safety and convenience may require; to designate fire limits within whic'-Ti wooden -buildings may not be constructed, removed, added or enlarged; and to removeT or require to be removedT any building or structure eP-add#b#eR €hePe4e which by-PeaaeR-e€-d#lap#- dat-#eRT de€ee€ of s4PuetwPay eP ebbeP eadeesr may have become dangerous to life or propertyT or which may be erectedT contrary to lawt be eekalzl#ab and dea4gnabe €Pero time be 44me €#Pe l4m4keT w4ba4R-Wh4eb-14ra#be-weedeR-bd41d- 4Rga shall Rot be eeRsbPde€edT eemovedT-added-te-ep-eRlapijedT-and €e d#Peeb that aRy OP all €abdPe bd#ld#Rgs-w#�a#R-seeb-l#ra#bs-shall be-esasbPde�ed-a€-ebeReT-RabdPal-eP ePb#€#e#alT-eeReeebeT-bP#ekT-#PeRT OF ebgee €#PepPeof mater4elt pPev#dedT-beweyopy-that-by-a-vale of €edP-€iftho 44A§3 Of all the area+bePa-a€ -the -eerae+#se#eR-pePra#e- s#eR May be gFeRbed fee sbePage sheds-eeRstFweted-eR-p#le-p#eee-eP wbaPvea OR bbe waberfFoRty the B#des-and-P9e€s-a€-wb#eb-shall-be eavePed with eePPagebed #PeR eP ebk�eP-€#PepP9e€-JaateP#alT . (s) Public assistance: To provide for the care, support, and maintenance of orphan, dependent, delinquent, or de€eetive sick childrenT; and of sick, aged, insane_ or indigent persons. (t) Libraries: To organize, support, and administer public libraries. — (u) Detentive or penal institutions: To provide and maintainv-e#bkeP-w#kb#R inside or without outside the cityr charchari able, recreative, curative, corrective, detentive, or penal institutions. 4Vr--RadpePe and eRdes#Pablest To pPOV'SRt- POP SORG-beViRg-Re-v#e#ble MOSRe Of BkdppeP47 fiaripePaT and p8P8eRs-wbe-Ray-be-daRgePews-be-bbe pease-eP-ea€eby--a€--bbe--e#by-€sera esra#Rg to sa#d eity €Pero without �qe-earaet-and---€eP--�b#s-pldP.p66e to Pega#Pe aRy Pa#leead eempaRyr kha maator of any shop Of vessel or the owners of any p9nVeyaneBY-bring#ng--sueh-pereen to the e#tyT to take such person book to the pleas whenes he was broughtT of eater #nto band w4kh sat#a€eetery seeur4ty that sueh pereen shall net beeeme a eharge open-said-e4ty-w4th4n-one-44�-year €roan-the-date-a€-h4a-arr4valt-end else to expel therefrom any eueh pereRAT (v) 4w� Health: To provide for the preservation of the general health of the inhabitants of se#d the city,; to make regulations —f—o secure a same, inspect all foods and foodstuffs, and prevent the introduction and sale in se4d the city of any ark}e1e er kh�nQ anything intended for human consumption, which is adulterated, impure, or otherwise dangerous to healthT; and to condemn, seizes and destroy or otherwise dispose of any such artiele or thing without liability to the its owner thereof; to prevent the introduction or spread of contagious or infectious diseases, and to prevent and suppress diseases generally; to provide and regulate hospitals with}n inside or w44heu4 outside the city -'a *78, and to enforce the removal of persons afflicted with contagious or infectious diseases to hospitals provided for them; to provide for the organization of a department or bureau of healthT-ke have the powers of a beard e€ healthT for e84d eityr w#th the suther�ty-necessary-€er-the-prea�pt and effle4ent per€opmenee 9€ 44s duties,-with-power-ke-invest-eny-er a��-kho-a€€�e�a�e-er-e�np�eyeea-e€ edeb-department-e€-heath-w}th-edeb powers as the pe14ee off4eera of the e4ty have; to establish and maintain a quarantine ground w4th4n inside or without outside the city }ems, and oee"g—quarantine regulations against infectious and or contagious diseases as-the-e#ky may-sea-€�t,-sub�eet-ke-the-awe-e€ the-state-aAd-o€-the-do}ted-5takee; and to prev4de-end keep records of vifal statistics and sompel the return -of require persons to report all births, and deaths and prove e other necessary informaila Aeesseary-thereto. (w) 4w� Burial, ete,, of dead: To acquire real property inside or outside a ci y, y pure ass, giFtv d eviae, condemnation, or otherwise, 1sR4ev-e!kher-wjkh*rp-er without-the-eityT to be used, kept and improved as a place for the interment of the dead,; and to -9- i make and enforce all necessary rules and regulations for the protection and use thereof; and generally to regulate the burial and disposition of the dead. (x) �y� Police power and division of police: To exercise full police powers and establish and maintain a department or division of police. Ee4 Promotion of general welfare? eke.: To do all things whatsoever necessary or expedient for promo- ting or maintaining the general welfare, comfort, education, morals, peace, government, health, trade, commerce, or }RdwskP4ee industry of the city or its inhabitants. (z) 4aa4 Enforcement by ordinances, rules, and regulations; penalties?; limitation on penalties: To make and enforce all ordinances, rules, and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this Chapter charter or by any geReeal laws` a—R-7o provide and impose suitable penalties for the violation of such ordinances, rules, and regulationsy OF aRY Of 4h8RT by €IRe Reis eweeedIRg €4ve hwReeed dollars �$�g9*88�-se-��Rpei6eRIReR�s-9�-aae� �at�ee-eR-sae-s��ee�e-e�-e�aee-weeks ©€-sae-e��y-€o�-a-€egR+-Red-eweee�- }Rg-s}x�y-46Q�-says?-ee-be�b. (as) 4WO Licenses and privilege taxes: To license and tax privileges, businesses, occupations, and professions carried on and —engaged in within the city limits?; and to fix the amounts of such ncense's and the araeaRY 9€ edea 11eeRSS taxes asall-Ret-be-eepeRdeRt-dpeR-a independently of general state revenue laws. (bb) 4ee3 Municipal trade commission: To create a municipal trade commission esRe4et!Rg-8€-eRe-�I3-eP mope members similar in purpose, plan and authority to the Federal Trade Commission. (cc) 4dd� Municipal board of concilia- tion: To create a municipal board of conciliation with authority to investigate and report on disputes between employers and tsae#e employeesv-suea-eepeete-be-ee-fop the-iR€atmat �eR-a€-sae-p�b��e-eR�y and-Reb-b�R��Rg-eR-sae-pass#ee. (dd) 4ee3 Aircraft; To the extent permitted bX law, to license and regulate ale vessels aircraft -10- operated over the city and stipulate the height at which and the manner in which same they may be operated obey@ the oPos iReIeded iR within the city limitav; and —To= icense and register the pilots thereof. (ee) Alcoholic beverages: To regulate or prohibit e sale, transportation, or possession of iR�ex#eabiRg-��weesT wines-and-beeee- alcoholic beverages within the limit—s57 the city. (ff) Fqq� Bird sanctuary: To declare that all territory embraced within the corporate limits of said the city shall be a bird sanctuary;, and to adopt all ordinances necessary to sappy this power iRte of -feet enforce same. (gg) �hh3 Street sales; hawkers and peddlers; beggars; carriages, drays, jitneys, and other vehicles; traffic; vehicles for hire: To license, control, tax, and regulate traffic and sales upon the streets, sidewalks, and public places Wlth4R inside the city and the use of space in such places; and to regulate sappeeas-and or prohibit hawkers, and peddlers, and or beggars upon such streets, side- walks, and public places; and to license, and-eadse-te-be Fegieteeed and register, control, tax, regulate, or to prohibit iR desigRated etoeetsy ee peots of stpestaT carrianes,. omnibusses, motorbusses, cars, wagons, drays, jitney busses, and other vehicles;, and te-iieeRseT-taRT-and-@arise-te be Pegisteoed and eeRteei the drivers thereof; and to fix the rates to be charged for the carriage of persons and or property witbiR inside the city; eRd-to—the pubiie-weerbeyeRd- PRO- iimite-e€ said eityt and to adtbeeiae the eity maRageoT ee the ebie€ of pollee to make and peemdigete PegeiatioRs fop tpaf€ie OR the streets 9F parts of the et$eetay ddeiRg eaeb howre as may be R9eeaeaFy OF eeRVeR1eRtT aR4 to provide for and regulate parking spaces on the scree sT; and—te-et any-time-�isesRtiRde-tie-Pigla�-te the-rise-8€-arias-pack#Rg-epaees-aR� to eegdiate or vaeate at dieeeR- tiRde-tap-tee-ef-tl�e-eamet-and to require all vehicles for the carriage of persons or property for hire to execute a tondo be conditioned as eegwieed by eedi- RaRee for the protection of pass- eRgeea and of the pwbiie and to make eaeh bench iRwre to the beliefib of persons or property -1 1- which may be injured or damaged by the operation of such vehicles for hire; and to require such bond with such surety to be furnished" by all vehicles for hire operating upon the city streets.L of the City of M}am whether such operation be wholly within the city limits of the City of Miami orbetween the City city of -Miami and other eibies and-kewRe-se places outside of the city city s€-Miami. Eii,l--ReeeFvedV (hh) �Jj� Outdoor exhibitions, games, and contests: To use parks and playgrounds, wh4sh-may-hepea€tee-be ae�di�eed-by-bad-City-a€-Mier�iT-}R waiea to give outdoor exhibitions, games, and contestsy; -with-pewee and edbaepity to eaapge-and collect a reasonable admission fee for each person eRkSPIR9 awsh papk op piey��eeRd-dd�iRg-sae-dime-waeR-sae same- shall -be-deed-e�-e�n�ieyed-€eg seen PdPpese attending such events. (ii) �kk3 Railways: For the develop- ment and extension of the port and other shipping and transportation facilities of the city, to con- struct, purchase, lease, or otherwise acquire, and to equip, own, and maintain a single- or mulTiple-track line or lines of railway, and-alse as well as yards, terminals, stations, warehouses, team and other tracks, switches, turnouts_ and all buildings and appurtenances deemed appropriate in connection therewith for the receipt, transportation, housing, and delivery of passengers, Freight, mail, and express from, into, and witFiin the city and the zone lying outside of the city and not distant more than ten 449� miles from the city limits as now or hereafter constituted; also to extend or connect with such lines or facilities, or with the lines of any common carrier, the lines or facilities of shipping or transpor- tation now or hereafter owned by the city; to place said line or lines of railway'may be upon or along the public highways, or said iiRe Of IiRes of Paiiway and €ee#iities may be upon lands or easements now owned or hereafter ke be acquired therefor, located in any part of said area; also to acquire by deRstieRT ii_f��t__,__ pur- chase, condemnation, or of erwise all land, easements, rights or property deemed necessary therefor by the e44y eemmissisR; and to operates or cause to be operatedT said line or lines or facilities, -12- or to leases or grant the use of any part thereofY or any part of any port, terminal, or transpor- tation line, wiEh facilities appurtenant thereto, now or hereafter owned by the city, to any common carrier or carriers., for such time and upon such terms and conditions as may be determined by the city commission by ordinance; provided, however, that no ordinance making any such lease or grant shall become effective until approval thereof by a majority of the qualifi.ed electors voting thereon at a general or special election• to be called by the city commission, notice of which election shall have been published in a newspaper published within the city once a week for a period of €3€beeR-����-says two consecutive weeks. (111 Codification of ordinances: To codify its ordinances into a "Code of Ordinances of the City of Miami" and by a single ordinance to adopt such "Code of Ordinances of the City of Miami" as a complete revision of the existing and applicable code and ordinances on the date of such adoption; eRd to amend such code or ordinances_ may be ameRded €rem time to tome by re€e2opee be 8Ry oeet4op or seetkeRST-apd-as-maRy-aeeti@Re-ea desired may be ameRded by oRe sedlRaRee: sweh "-Cede of Ard#Reaeee-s€-bbe-C��y-a€-M3o�a#T'-' as-aa�eRded-€rem-b}me-be-b�RieT-IRey be -revised revise it, and ee41€led codify or reead! r and awah rev}oed gods may be adopted recodif it; to adopt such revised code by a single or inanceT; and �rpeR-ee�eh-reV�s�eR-aha��-be-#A-€d�� €eree-and-a€€eet,--;he to have the city clerk of the C}by o Yawl shall -have exercise the power and authority to co i y any duly adopted ordinance of the C4ty of M}emA and assign proper section numbers and headings to various parts of such ordinances, aAd so that thereafter such sections shalT E6e cited in referring to such ordinances. (kk) �mm4 Self-insurance and insurance trust fund: • To establish and maintain a trust fund known as "The City of Miami Self -Insurance and Insurance Trust Fund" for the purpose of providing funds for a self-insurance and insurance program; to include in.said fund monies from other trust funds of the City city of M4amj wheR aukkee4red..9y=maw; and to disburse monies- from said fund to accomplish -13- I= the purposes of the self-insurance and insurance program; to authorize inclusion in said fund of monies from' other funds previously appropriated for the purpose of paying premiums to insurance carriers or for the purpose of paying liability claims and judgments; to establish a self- insurance and insurance committee composed of three 433 members to be appointed annually by the city manager to administer the said fund and to recommend to the city commission annually the amount of reserve to be accumulated and maintained and the amount to be contributed for maintenance of the fund. (11) Sae. 344). Same --Airports and landing fields: Tke-a#by-eemm!ss}eR shall have pewee and is hereby aukhap4ged be To acquire by purchase, lease, condemnation, or otherwise, lands w4kh!R inside or without outside the city lima s for use as landing fields or airports eq f—a4epa€tT-and; to construct and equip thereonT or —on other property of the city e4tkee w44h4R ee without the eity l4mltsT such bd4ld4RQ-and/eP-ebkee improvements as may be deemed necessary for that purposeT; abet peppeae be4R@ a mHRie��a�-�de�ese-a€-said-e��y.-eke 6iby-a€-44emi-shall-kaye-pewee to operate and maintain such aiepepty facilities; to provide rules and regulations governing #be their use and the use of other property or means of transportation within or over the sameT; and to enter into contracts —or otherwise cooperate with the €edeea4 other government entities or other public or private agencies in all matters relating to such alepeetT and facilities; otherwise to exercise such power— were as may be required or convenient for such establishment, operation, and maintenance; tolevytaxes ma;7 be levied for any such purposeT_ and, unless such a4Fpept facilities shall have been acquired yb�leease, said eiby may to issue bonds iR-eeeeed8Ree-w}bk-pg9V464eRs e€-eeeb�eA-SB-®€-bke-6��y-6kaebee to pay the cost of such alrpeet-afld ba#ldiR@a and imsee�►OMORte and egwipmeRtv facilities; and to rant, deed, or dedicate lands, with or without consideration, to other governme-nTal entities for use as an ng.-s or airports. Seer-;42�v-Reserved. Sse.-�4�3.-Rewcee--W•#Skis-aqd-measdees. �e-iRa�iee�T-�esbT-meaewee�-and -14- Incorporated from former Sec. 3(11). Incorporated into Sec. 3(q). a r we#gk-aRy•een�a�ed�by-eg-ae�#eke-e€ @eaed�ap��eR-e�-we@-w#�a#�-use-e#�y and-�@-€�w-a-e�anda�d-€eg-say-Bdea eammed4ty OP GP%401e and to ea�a���eaT-regd3a�eT-3#eeaee-and 4nepeet-wo4ghtet-elestp4et-goo-end wa�e�-�nebeeaT-meeae�ee-end-eea�eeT and to make reasonable shapgee theee€ee. (mm) See, 3E44, Same-- Building and zoning: �a�--€se-eea�a�seeR-a€-bae 644y-a€*-Miam4-meyy-by-eed4Rene@y (i) To. provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number of stories, method of con- struction, type , and s ze o Flu 1 1ngs an other struc- turesy; the percentage and portion of the lot or site that may be occupie T; the size of the front, rear, and side yards, courts, and other open spaces?; and the loca- tion, use —of buildings, structures, and land for trade, industry, residences, apartment houses, and other purposes.; and tTie widening and future—Mi-a—ening of streets in zoned street -areas a e city may establish. Suc regulations may provide -fop that a board of appeals or the it�yt commission be ma determine anan3 vary their the application of building, planning, or zonin5 ordinances in harmony with their general purpose and intent? and 4R aeeapdaRee with the general �esv}s�eRe-a€-sae-9�diAaR@@. (ii) fib; In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this 6aagtep charter or the ordinances of iEf a city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridges (A) �1� which are not set .� back at least fifty-4503 feet from the seawall (where the depth of the lot is less than two awRdeed 42004 feet, the setback shall be at least 4weAty-€five-�253 percent of the lot depth), and -1 5- Incorporates former Sec. 3(14). (B) �2� which do not have average side yards equal in aggregate to at least twenty- give- F25� percent of the -water frontage of each lot based on average lot width. The above setback and side -yard requirements may be modiTied by the city commis- sion after design and site -plan review and public hear-fng only if 44 }e the commission debeem4Red deter- mines that the modificarons requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban env promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. (iv) These requirements shall not apply to docks and appurtenant structurest, single-family residences —and appurtenant structurest, and waterfront industrial uses along the Miami River and at the Port of Miamit. OF to pubi4e and RVIVa a €ee4144488 OR e1ty- ewRed ppepee€les. Nothing herein contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight Interna- tional Center and hotel facility, including all improvements thereon, or to lands and projects which the city commission has approved prior to September 18, 19799 by development order pursuant to chapter 380 of Florida Statutes of a planned area development pursuant to article XXI-1, City of Miami Comprehensive Zoning Ordinance, or which have received site and development plan approval, oRd including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972. -16- r Sb@,-�4��,"Sa1Mb--fs�eB�R�T-vBeAt#RED-ARd- d�8a8Rt�R41�RQ-streets?-bile, the-6ty-a€-N}em#-eha�-have Incorporated into psasr to pave? gpad aT. ebrbT Sec. 3(b). topaysT-masedam#aev-remseadem#aeT lay eetT spenT e4SseT vaeater d#sea" ttReer-w#deR- and -etherw}se #m prove-etreetsT-alleyaT-aveReeeT bewlevardaT lanes-y a#dewalkaT parksT-promenades-and-ether-pbbl4e h#ghwaya -ar- any -part-theree€T-eRd te-held-�}ens-bases€er-ae-hereR- a€ter-prev#dedt-te-eeRetrdet-eRd ma4Rta4R br4dgaar vladwetaT swbwayor 4WAASIST sewers and disa�ReT-eRd-to-regd�ate-the-See-e€ a��-edeh-h}ghwaysT-parks?-peb�}e gPswRda- and-werkat-te-prevent-the ebstre@t#sR e€ edeh s#dewalkeT str9e46T-eRd-h4ghwayst-abel48h-eR4 prevent-Bred@-ere@s#Rge-ever-the same by rallreadet regulate the eperat}en and speed e€ all ear@ and veh4@les we!Rg the someT as we��-as-tine-eperat�eR-end-speed-e€ all eRgiReaT ears and traIne of ra#lreads w4th4R tha e4tyr to regWISte the eerv4ee to be rendered-eRd-rates-to-be-eharged by bwaseeT meter eareT Saba and ether-vehte�es-€er-the-earry�Rq-e€ paeseRgera-eRd-by-veh�e�es-€er-the tipaRB€er-of-baggage, (nn) See,3k6�, Same-- Borrowing to erect and add to public buildings:; heSRItoIST-a€€4ee-6"1"RgeT-e}oy hallay ete, The 64ty a€Mlsm} shall have the pewee to To borrow money for the erection, construction, and furnishing of public builc3-ings, including espeeially hospitals, city office buildings, city halls, and other municipal structures,; 1€ sha1.1 9,168 have full power and 4aw€wl awtheelty to borrow money for the purpose of building additions to public buildings now owned by the 64ty city; of-Mlam}T �A@�dd�Rq-eepee�a��=a�d�t�eR@-te heep�t8�a-ReW-eWRed-eRd-@eRtre��ed by-said-a}ty,--tt-eha��-have-€d�� power and lawful owtherity to execute notes and other evidences of indebtedness, and to secure the same by a mortgage upon said buildings so-ereeted and the land upon which the buildings shaII may be esRatrdeted.--�t-eha��-have-€ power-eRd-Iaw€wI-awthsr4ty located; to pledge and hypothecate-t —e neT revenue, after the payment of all operating expenses and fixed charges, including interest on edeh the debt so created and on all 'oer debt created in the construc- tion of such building, as well as to pledge and hypotheca a the neT revenue derivea from such u 2ngs and Ehe land upon which they stand, - 17- 9861 Sep.-�4�3.-Same--61se#a�*-vaeet#R�-aaA- d#seeAt#Re#aQ-ekpeeteT-stew she-6lty-a€-Nlam#-shall-have Incorporated into pewep to paver QeadaT. eWPbT Sec. 3(b). Papavay-msoadamlasT-pemaeadomlaeT lay amtT ep@RT eleser vaeaber dlaeeRtlRWOT-wldeR-and-eth@pwlse #mppeve-area@ter-a#leysT-eveReeeT bowlevapdsr IGReBT sldewalkaT papkeT-paemenedes-and-e4bea-publ4e hlghwaya-ep- aRy-pept-thaPee€T-and te-held-llege-€baps€ep-as-hepelR- aftep-ppevldedt-to-eoRa€pleb-and m84R484R bpldg@eT vladwetsT owbwaysT 4WRRelaT aewepe and dpalRaT-and-te-pegdlet@-the-es@-e€ All-edeh-hlghwaysT-papl�sT-pdblle gpedRds-aqd-wepl�st-te-ppeveR#-the ebstpeetleR of sweh sldewalker stpeeter-Hqd-hlghwayet-abellsh-and ppeveRt-gpAde-epeselRgs-evep-the some by pallpeadst pegulate the spepatleR and speed of all saps and vehleles wslRg the sameT as well-ae-the-epepatleR-eqd-speed-e€ all eRglResT saps and tpalRe of pallpeade Wlth}q the eltyr to pegalate the sepvlee to be Pandered-and-pates-,o-be-ehaPgsd by busseer metep eaper esbs and ethep-vehlelea-€ep-the-eappylRg-a€ passeggeps-ARd-by-veh}else-€ep-the tpaRa€ep-of-beggagew (nn) Seew$46�w Same-- Borrowing to erect and add to public buildings:t hespltalsr-e€€lee-bdlldlggeT-el�y holler stew ;he 64ty of Nlaml shall have the pewee to To borrow money for the erection, construction, and furnishing of public buildings, including espeelally hospitals, city office buildings, city halls, and other municipal structures.; l9 shall also have full pewee and lawful awtheplty to borrow money for the purpose of building additions to public buildings now owned by the 64ty city; of-NlemlT lgeledlRg-eapeeaal�y=a�dltloge-te hespltale-RHw-ewged-and-eBRtpelled by-sold-eltyw--lt-shall-hav@-€dll pewsp and lawful autheplty to execute notes and other evidences of indebtedness, and to secure the same by a mortgage upon said buildings se-eveeted and the land upon which the buildings shall may be eeRatpdeted.--lt-shall-have-€ pewee-and-law€wl-adtheplty located - to pledge and hypothecate —the revenue, after the payment of all operating expenses and fixed charges, including interest on owsh the debt so created and on all o ier debt created in the construc- tion of such building, as well as to pledge and hypothecate the neT revenuederived From such buildings and the land upon which they stand, - 17- r all for the purpose of securing any and all the repayment of money moneys boTrowea to Se used in suer construction.;-sMa��-knave-€u�� pewee+ to issue certificates of indebtedness secured by the net receipts from the use or rental of the buildings or additions to present existing buildings erected or to be erected for public purposesT_ #neluu#ng espee#ally the ea#d pet IReems of sold Rea rBVeRHeB-€rem-kle8��ta�9-and--eRy-and all sddit4oRs whiah may be eon- etrueted-fie-heap}tads-new-awned-by the-e}ty.--Bea Notwithstanding the foregoing, no Fax shall ever be leviedy nor men#es money taken or diverted from the genera funds of the city for the payment of sash the indebtedness ereated under authorized by this section. (oo) See, 34-73, Same-- Borrowing to provide adequate waterworks systemT: ;he 64ty of M4am4 shall have power 09- To borrow money for the purpose oT—providing an adequate waterworks system, including new water lines, and,er for the purpose of repairing, improving, and extending the PreaeRt ex-Istin waterworkc system; s€-the- y-e M4am4v it shall 7iave full power and lawful autheelty to issue promissory notes and certificates of indebtedness, and to secure same by an assignment of all net rentals and net revenues, after the payment of all operating expenses and fixed charges, including interest on sueb the debt so created, and all debt created for the construction of such work, derived from said waterworks system or any portion thereof, until moneys so borrowed shall have been fully paid*; it - shall also have full peweF and lawful auther}ty to mortgage #ta the entire waterworks system or any portion thereofy-€er-toe-purpose-of ra464R9 auff4e4eRt money to make necessary repairs_ to -seed -system ee any past tberee€T and may, 4R addt}eR-tktereteT and to pledge all sa*d the net revenue derived from said system, until said money shall have been fully repaid. out, Notwithstanding the fore oin , no awes tax shall ever a evie T nor moneys money taken or diverted from the general funds of the city for the payment of Bask the indebted- ness erected under auhorized by this section. (pp) See. ;EB). Same-- Borrowing to purchase, hire, maintain, operate, or lease public utilitiesv: Toe 6tty-a€-M�em#-sk,a��-k+ave-€a��-power $Rd-law€ul-autkiee4ty-te To borrow -Is- OC" W money for the purpose of construc- ting, purchasing, hiring, main- taining, operating ar leasing local public utilities, including street railways, electric light lines, and equipment necessary for supplying the city and its inhabi- tants with transportation, illumi- nation, power, water, and icet and also -€er-tkte-pdrpeea-a€-€r►�rR# gas for heating and illuminating; pdrpeees.--�t-ekla��-ktave-€d��-r#gkt� and lawful aubhopirty to mortgage the public utilities so con- structed, purchased, hired, maintained and or operated by ea#d e4tyr to issue promissory notes and�er certificates of indebtedness evidencing the existence of the indebtedness created by the borrowing of said money; to pledge and hypothecate the net revenue, after the payment of all operating expenses and fixed charges, including interest on sties the debt so created and all other debt created for the construction of such- works, derived from the operation of such public utilities so constructed or purchased, including said net revenue derived from such street railway, electric light plant, telephone and tele- graph system, and water, ice.L and gas plants; the pledgimy and 888iYR3Rj-a€-OW ea-Ret-}Re9me-&RdAer to pledge such net' revenue The Tema*RR iR full €eree and a€€set until the meneye _mone� so borrowed shall have been full repaid. Bat► Noticithatanding the foregoing,,no tax shell ever a evie T nor money taken or diverted from the general funds of the city for the payment of aueh the indebtedness @rested under aut o rized by this section. 5ss�-3E�i3:--Zane--Aegd3rbng-end-d�spes�ng-s€ prep@rty €ar governmental s�r�atten-er-w���rtsr�r-purpesss. T.e-aeQai-re-by -parehseer -9jfkT Redundant; see Sec. 3(f). dev4seT eendemnatien OF other - wiser preperbr-real-er-persenely er any estate Be iAkerest tk►ereinT wikk im er wbtpewt khs e}tyT-eRd-€er-aRy-s€-tk*e-parpeaes @O: kk►e sikYr and to imprsvOr so��T-�easeT—aertgegeT-p�ed9e-er ebherw�se-d}epees-a€-tk+e-ean�s-er aRY-part-tk+eres€t-and-te-aegwits by purskaseT' 9i€4T d0vissr eendemmakieR er etherwiseT property-read-er-perEena�T-er-any s®tote er }wtarest there#RT wethiR-er-wttktedt-toe-0ityT-and to improver Behr leaser aert- gageT pledger a stkaerwise d&epse0-09-0ke-same-er-aRy-part -1 9- khePeof for stake or United $kakee geverwnental aViekieR end,�er-r�}likary-purpeeee. Sse.-�¢tA�.--RsesPved. re--AiPpePto and }ending €3elde• Abe-Ciky-e€-Mien#-shall-have Incorporated into pewee -and -ie-hereby- autheriaed Sec. 3(mm) ke-aeguiPe-bM-puPeheaeT-lease? asR d*MRakien-eP-ekherwiee-lands within or wikheuk the city, liAlike €eP lending €ieid and airport got eirere€k end to son atrue k-and -egd}p-theroom-or on -ether -property - €ee -the-City of Miami? either within or witbeut bhe siky, linikeT oueh buiIdinIa-an dr�er-ether-3111pPeV@- n�ents-os-nay-be-deemed-Reeeseary €oP-that-purpeeeT-aueh-purpeae being a nunieipa} purpeee e€ said eityt the City o€ Miami shad} -haver power-ke-operate-ewd eainkaiR eueh aiPperk end land}Rg-€ieldeT-ke-preVide-Palen and resulatieRs governing its use and the use of ether pr�pe��y�-er-aeans-a€-tPaneper- tat}eR-w}kh}R-er-aver-the-same? and to enter into eenkraekeT agrean�enteT-}eases?-se}se-with kha-€adorn}-geVePR111eRt-and-with the board of eeanty, eammis- aisAePe-B€-Gade-CeklRtyT-eP-ether pdblie-sr-private-agoneiear-in any, -and-all-Met kape -Pe}at, ins -to Ian ding-€ie}de-and -airports -and otherwise to exereiae aueh powers as nay, be PeguiPed eP esnVeRient-€er-saeb-estab}ish- IIIeRtT-epelatien-and-aeiwtsnanee of aueh landing Fields and air parts?-either-by-the-City-e€ MiaaiT-the -€adorn}-gevernaenb-or the beard of eounty esMaie- sieners of Dade Ceuntyt to grawkT-dead-er-�edieate-landa-ke the-€ederal-governmeR4T-stater er-beard-e€-eadnky-eeaaisaienePo •€ -Dade-CounbyT-with-er-without sonsideratienT prsvidedr' hewevePT edeh loRde &hall be deed got €ederair stake OP esunky purpeeost taxes may be levied for aueh purpose and anless-edeh-aiPpePte-or-landing Fields shall be aequired by }ease? the Ciky 9€ Miami- Molt iseus-bends-iR-aeeeldanee-with prsvisisms-a€-eeation-tA-e€-the Ch erker-a€-the-City-e€-Mieai-ke pay khe seat of sash lending €islde-end-airports?-buildingo and-in�preVsesnte-and-equipaent� -zo- bbe-pewee-oRd-adbMea�by-hereby graRbed ARd eoR€erred by th4s ask 39 edpp4emental and add#- 4eRaI-be- the- awkhog#by-Row-ee Meeee€bee-exeee4sed-by-oa4d-64ty (qq) See* ;442�v Same-- Registration and voting.: The 6-ity of Miami shall -bays - CTie-pawsr-and-ls-kereby awthar4aed be To prescribe by ordinance a-Rew-e3ty the registra- tion €er-all-the of persons who are qualified under tgie law to register and vote in all municipal elections held in the 64by c�itt a€-M+am4; to provide and prescr'i ee the number of voting precincts; and 4%-Is-€debbee ewthap4eed-apd-empowered-w4th-the e}gbb to prescribe by ordinance the gwal4fleat4sRs regu4site be be egg}bbe-be-eegeber-epd-vebeT the time for registration, the-9oal4€4- eatieRa-a€-Peg4abered-vetersT the method and procedure of registra- tion, the establishment and keeping of the registrat-ion records, and the establishment of reasonable rules defining when and how persons become disqualified to vote, egebber-w}�a-bbe-preseab#Rg-e€ as well as the procedure of for tF-e removal f7rom the regisTration records of the Rave eg names of edeb persons so disqualified. bbe-pewee-and-aebber�by-beeeby - graRbe�i-by-�a}s-eeb-}e-edpp�emeR�a� eRd-edd�b�epa�-�e-bWe-aebbee#by-Rew er-beeea€fee-exere�oed-by-bbe-said (rr) See. ;E4;;: Power be borrow Borrowing money for engineering work necessary to effect public improvements.: When the issuance of revenue bonds for the purpose of financing the construction of a public improvement has been authorized and has been validated by judicial proceedings but such revenue bonds have not been issued because of the necessity of additional engineering work pertaining to such public improve- ment,, be}Rg deRe prlep be the e€€er}Rg-e€-edeb-revenue-beRda-fop seley the 64ty ��cci__t�� a€-M4am4 shall have power and-a��'ee#ky to borrow money, in an amount not to exceed three 4;� percent of the aggregate principal amount of such revenue bonds, For the purpose of doing or causing such additional enqineering work to be done, and to issue, for the purpose of providing for the repayment of money so borrowed, its certificates of indebtedness beae�Rg-�Rberesb-ab-s-tabs-Red-be exceed-€edr-44l-pereeRb-pee-eRRwm sRd payable #R-eRRwel-aRatsJJReRte -zl- Superseded by F1a.Stats. §98.091. Obsolete. .= within a pAPied a€ not Map@ than eR-E�A�-BRRWa�-ReaiiflleRB within a period of not more than ten-E10� years from the date of issue thereof, subject to prior payment under such conditions as may be prescribed by the city commission; (i) Ea3 from the proceeds of such revenue bonds when sold, or (ii) Eb4 in the event that such revenue bonds shall not be issued or their issuance shall be delayed, from such proper source, except ad valorem taxes, as the city commission may determiner; #Reluding obsolete. SWFPIWe wateP revenues eeeeWiRg is said elty under brae-pPOV i8iAR8-a€-eee4ieR-12 e€ aebiele 4u of the tedat i Rd eR t W P e-be kween-the-Gity-e€ Miami-and-khe-Gbase-NatieRal Bank-a€-bk+e-Gi�y-a€-sew-�ePkT as-beWabeeT-dated-Peeembee-IT 4948T-aeeWPiRg-Gity-A€-M4aM4 wateP-Pevenwo-bendst provided that no such certificate of indebtedness shall be deemed to constitute a pledge of the faith and credit of said the city, nor shall the issuance off` any such certificate of indebtedness directly, indirectly, or contin- gently obligate said —the city to levy or to pledge any form of taxation whatever therefor or to make any appropriation of tax revenues for its payment; and provided further that said-eiby-ie hopeby PPee4Wded and peeb4b4ted €gear there be no levying or from pledging of any —form of taxation wbakeveP -fir the payment of any such eePki€ieake-e€ indebtedness. �' See.-3440v--Pewee be regulate build#wgT ��aRRiRg-end-S@RiR�� The- Incorporated into M4ami-may-by-eed4nanee-adept-the Sec. 3(nn). Reeessaey-buildiRgT-plaRR4RI-end SARiRg-PegWia$iBRST-iiaii�a�SiARA SRd-POStF49tieRS-gAVOfA4Rg-bhS method A€ OOROtiWetieRT bypeT beig#�bT-�►W�abeP-a€-e�AeieA�-end rise of 6wildiRge and other strwetweest the peeeeRbage or �ePbiAR-e€-bbe-�@b-ee-Aibe-bash a+ay-be-eeeWPied-by-a-bdi�diRg-eP e�bee-ebede�dPes;-PegW�abieR-e€ �t1e-A#ee-a€-bMe-€PeRbT-PeaP-and ride-ya�deT-eOWP�A-a�-raker-epeR epaeest the 19eat4eRT WOOS Of �WiidiRgeT-BbeWebdPes-end-�eRd €e�-bPadeT-iRdaebeyT-PeeideneaeT kOtOlOT apePtMORt heWSOS ORd Other PWPpASeet eetablisk bWi4diRg-�iReS-€eP-€eeRbT-A#de -22- i end peer of any real estate whether-#a�Preved-er-kln#r�provedr and to establ#Sh rened street ##pas-that-mayr-er-may-net-ter the- Saa+e-ea-the-bd#ld#RQ-l#nee} eetebl#sh-coned-Street-spear-te pray#de for the W#deR#RJ and €dtdre-w#deR4ng-9€-8trOeta-aR4 Sdeh-erase-gay-be-4he-oaa+er-#R @mesas 9€r or lees than the ex4644R4] Street w#dthr Sweh regdlet4ORar l!M4tSt4GR8 and reStr#et#ORS-May-prevlde-fop-a beard of appeals or the e#ty eOMM4881eR-te-detePM4Re-and-vary the appl#eat#OR of bW4ld4Rgr plaRR4Rg-9Rd-R8R4ng-9rdlRRReeS 4.R hsrMeRy w44h their geReral pdrPa8e-8Rd-#RkeRt. (as) Seer-3E44.4�r Police jurisdiction over lands own-e3� or leased in county.: The 64ty of Mlsm4 shall have the power and awther#ty to To exercise police jurisdiction over all lands owned or leased by the said city in unincorporated Dade County, F 1 o r i d a, and a l b enforcing all cit ordinances e 64ky or Tara} eR€ere#Rq con- taining police or sanitary regu a- eons and prescribing fines and penalties for the violation thereof with wh#eh have been adopted or w*= #R the €utklre be adopted by the-6#ty-a€-a#am#-shall-be-e€ the same force and effect ever the PerseRRel OR. the a€BrSea#d -IBRda anal-eVep-Se#d-lends as if the said lands were within the corporate limits of the City of Miamiv. and €drther previd4Rg that the rare- ge4Rg previe#oRs shall pet apply when- the -per t#eRS-8€-said-land-lie W#th#n-the-eerpsrete-ltarits-e€-Spy ether-MWR4e4Rel44yT (tt) Seer-;445.-Auther#ty-to-exeretee pe-I#ee Police jurisdiction over persons —` in county.: The Gity of Mara#-hay}ng-taken-a-Persep-legally }Rte-edetedy-€er-the-v#Slat#ep-e€ aRy-ofdi.RaRee-shall-have-the-pewee and-adther#ty-te To exercise police jurisdiction in _anyplace in Dade County, Flori3I over any person e a y a en into custo-dy bythe MX for a violation of an ordinance; sa4d perssn w e AR sweh-eww dy-#R-aRy-pl8ee-#R-9ede GouRtyv-Fleridar to transport said person from* or to the corporate limits of said city, or to or from any place in Dade CounT_Y, Floridan; or to retake in Dade County,* Florida, aRy-swsh-peresR without a warrant any person who has beeR-iR Tegal awskody end before being released-by -ender-s€-Spy-eerwpetept eawrt has escaped such custodyv; and to enforce all city ordinances -23- Y containing e€ the 6i4y e€ Miami SPROPe3R1 police or sanitary regulations with respect to such eke��-be-in-urea=an -e ae� ever said persons while in such custody in any —place in Dade County, Florida, as if the said custody was solely within in the corporate limits of he944y city. e€-Miama. �se�-�E�6�.--�rbaA-RsAeMa�-taw-e�-tke-6i4y-a€ MiaM3� ;V--514er4 44410V ;kie esebieR of the Obsolete; functions ware ' ChsP4or-e€-the-6ity-a€-Miami-ehallr. transferred to Metropolitan be known and may be eiked as the Dade County by Ordinance nNlbaR-RsRBwsI-6aw•s No. 7576, adopted July 17, 1967. :*--Findings and de@lePakieRs of RB@ea8��ry�--��r-38-1181Bby-€atlRd-8Rd deelared that there e*iste iR the City 9€ Miami s1-tlm and blighted erase (68 kaleiR de€4:Aed3 whilh eeR8444W4e a aeli8tl8 and gPBWiRg meAae9T iRJUPiews be the publie kea�4hT-ea€etyT-melA�s-8Rd-wed€a!e @�-4ke-Pe8id8A4@-9€-Said-mtlRi@ipH�- i4yt 414a4 414e ekiBteRee of such areas-e9R4ribtlteS-@tlb84aR4iAiiy-aAd inoroaeingi), be the spread e€ disease and erimer Benst44uteo an seensmie and oeeial. liability impeBiRg-eReretlB-mtlRiB3Qai-btlPdeRo whieh d8erea8e bbe 4aW base and PBdtloe-Oak-PeveRtleeT-etlbe4AR4ie�}y . impeire-er-arreSts-the-oetlwd-growth Of said MWRieipGIi4yT Pe4arda bMe previois"S of keusiRg aeaemmade- tions r-aggrev atee-tra€€is-prebleme and-etlbs4aR44a4�y-imp�ira-ar-alreote tke-eiaminatieA-e�-bra€€iB-kaeards &Rd the improvement of tra€€iee €noi -lit iest-and-4kat-the-preventieA And-eiimiRatieR-e�-e�tlma-And-b3rigkt is a matter of pubitie peiiey and eensern in order tka4 the said munieipaliby-eke ��-Aet-esn4iRtle-4e be endangered by areas whisk are €seal senkele 9€ disease? promote �1l�/eRiie-de�iRgtlAReyT-and-eeRstlme-aA e�reessive-prspel4isR-o€-34e-Pelfentle8 beeatlse of the entre serviee rega�rrsd-der-pei�reeT-€are?-aeeideRtT hespi4eiise4isR-8Rd-ether-€arms-e€ pwb}ie preteetien serviess and €eeili4ieow ;t is further €ownd and dsolared that-eertaiA-s�dm-er-btagk4ed-areaep or portions 4koree€T may require aegtliai4iens -etaaraneeT-and-dispsei- tieR-stlb3se4-4e-tlsa-reetl4et4eRs,-as prev 44ad- in-4kie-aa84eoAT-sines-the Prevailing oondikien of desay may make-imprae4ieab�a-4ks-rea�amatiaA of the area by eenservatieR at rehab iIitat, ient-4ka4-a4ker-arena-er portion$ thereof mays tkreagh the %a�e ans-provided-iR-tkis-eaetiont-be seeptible of oaRearvation at -24- i leh8bi�i4a4ieR-in-etleh-a-manse!-that the eendi44eRa and ev4i6 herein - remedied OF preveRtedt and that aaivabI@-aINm- and -bl-ilk t-areas-eon be esnselved and rehabilitated 4hratlgh-epprapria4e-ptlblie-aetien-es herein-etltheriaadT-and-�h@-eeepera- b3e14 and ve4UR48Py 6e44en Of the owners and bemem'49 e€ property in smah-areas. It ie further found and deelared that the powers e8Rferred by this seet4en are €sr pdblie uses and purposes-€er-whieh-ptlbl4e-Haney-Ray bo-e�rpended-and-the-power-@€-eminent domain-and-p@�iee-power-e�eereieedt and-that-the-Reeeeeity-in-the-ptlblie iRbePeat-€e!-the-prev4si@R@-herein enaebed is hereby deelared as a matter OF 1e9481et4ve detePmiRa- bieR. �.--bReetlragemeR4-a€-private-enterprise. the-ei4y-a€-MiamiT-to-the-greatest @*kenb- in eorly4Rg eat the peavisieRs of this-aeetieRT-shall-a€€erd-makimtlm spperbum44yr eens4eteAt with the eetlnd-Reeds-a€-said-mtlRieipality-ea a wheley to the rehabilitation or ledevelepmeRt-a€-the-tlrbaR-renewal area by private eRterprieev the eity shell gave eeRe4derab4eR to this e63eetive in ewereising its _ pews!a-tlRder-this-aeetieRT+ineltldiRg the €ermu"k4oR of a workable pregramT the approval of urtam renewal-plena-�eeneiatent-with-the general-plan-a€-the-mtlRiaipality3T the-ewereiee-e€-its-sewing-paweraT she-eR€ereement-e�-ether-lewaT-eedea and -re ON, let iewa-!elating-ts-the-tlse e€-lend-and-the-ass-end-eeetlpaney-e� buildings and imprevemeRtaT the dispeei44em of any property aegtliledT and the prevision of Reeeaeary-peblie-improvements. 4.--workable program. The City of Miamir €Or the purposes of this 9ee448my may formulate €ar the mum ieipality-a-workable-pregrem-€er u4ilioing appropriate private and pubiie.reaeureee to eliminate and prevent-the-development-ar-spread-e€ altlms-and-tlrbaR-biightT-te-eReetlrage needed wFban rehabilita4iOmr 4e prewide for the redevelopment 8€ alum and ,blighted areagr or 4e undertake sdeh Of the aforesaid aetivities of ether €eas4ble munieipal aetivitiea as may be Suitably employed to aehieve the eb�ee4i++ee-a€-stleh-workable-program. Sush-weekabie- program-may-iReludDr withetl4-lamita4ienT-prevision-€erg the preveR4ieR 9€ 4ha spread e€ -25- blight-iwta-ape as -of -the -mum }e}pal- }ty WMleh are €Fee from blight through, d}llgaAt em€srsemeRt e€ hoW83RgT NOR ing and seempaRay eeRtrele-and-eteAdePde}-the-rehab}}- itBtieR-eP-eGAS* rvak4eR -of -alum-and bllgbted-areas -er-pePtlewe-tMePee€ by -POP prsv4d4mg papkor playgreunds and ebheP pwblie imprevememkor by eneeUragiRg-weluRtaPy-rebabi}}tst3ew and by SOmpel13Rg the repair and rehab}lltat3eR of datePierated or deterlsrab}ng sbruetUree and the else Pane and blighted areas sr pert}ens thanes€* $v--Finding of Re@essity by the eity eemmise3eR*--the-6�ty-a€-Miami-shell Ret-eRerelee-bbe-aUtherity-bares€bee e9A€erred by this 8eetieR uA431- a€ter-b►he-eity-eemmies}ew-shall-bane adapted-e-Peeslutiew-€iRdiRg-that+ Eli ewe or more alum or blighted erase-awiet-�R-bbe-mUw�eipal}by;-and f2� the rehabilitatieRT eenaerva- t3eAT-redevelepmeRtT-er-a-eembiwe- t4eR-bbaPas; T-a#-aweh- ape a-er-areas ie-neeeseaPy-iR-the-interest-e€-the publ}e health? 8e€sbyr mOPal8 OF welfare 8€ the PesideRts e€ the mURieipality* 6T--Rreparat}sR and approval of Urban Penewal-pre�eet@-and-klPbaR-P@Rlwal p-1ane. fa4--The City e€ Miami shall Reb approve an Urban renewal - pre�eet-€er-an-UPbaR-renewal area-URlea@-th@-eity-eemmas- sieR hasr by reselutienT detePmiwed-sash-area-to-be-a slum-area-@r-a-blighted-area er-s-a@IIIbiRHtieR-tberee€-and designated sUeh area as apprepriate For OR Urban renewal prejest. Said eemmise•ieR-@ball-net-approve aA-Urban-reaewel-plan-Until-a ' general-plan-€eP-the-mURiei- - panty-has-been-pr@pered�--Far this purpose and ether — mURieipel-pUrpesesT-aUtherity is hereby vested in said munielpalaty to preparey be adept-and-te-revise-€r@m-time to timer a genera} plan fee the physleal develepmemb of the mURle3pel}by as a whale �givaRg due regard to the envarene and metropolitan eurremAdings3T to establish and maintain a planning and aeRiAg board and a planning department for lush pwrpese and-related-muRlelpa}-plaRAiRg astiviblser and is make available-and-te-eppaepPiato -26- min., 4 } r i neeeesery-€Und@-tber@€er.-Sold MIYRiaipA�ity-eha��-net-ae�U#ra real proporty for an Urban renewal prejeet Unless the ei�y-eeRRiaeieR-hie-approved bhe-Urban-renewal-pr@�eeb-iR aaaerdOne* -wibb-Pop agraph-4d} pores€. (b}--;he MmRieipaiity may itself prepare or same@ to be prepared an Urban renewal p�anT-er-any-pereen-er-egeneyT pub1ia-er-priveteT-May-ewbni� aweh-a-p�aR-fre-9a3d-IIImR3eipe�t- ity+--Rrier-t@-its-appreva�-s€ an- web aA-renewal-prejeetT-bbe H3ty-aen�ioeieR-aka��-awbn�it awe h-pIaR-te-the -planning =and e@Ring-beard-e€-the-Rwnieipe�- ikyT if anyT for review and reeemmendatiens as to its e9R€erR4ty with the geReral p-1oR €er bbe deveiepMeRt 9€ bbe-nwnieipa�ity-as-a-wke�a. The -PI SRRing-end-reRiag-beard shall. awbmitt its written reeemmoRdatione-with-pespe@t be- bbe-pPop eoed-wrbaR-renewal p�aR-te-said-aon�iesiaR-within thirty-F�0}-days-a€ter-pee@ipt e€-bbe-p�aR-€er-review.--dpsn peeeipt-s€-bbe-r@e@neendatiene of bbe planning and aORiRg beard err i€ me reeammeRde- t}ens-er@-reeeived-within-said thirty-F�6}-deyoT-then-without amok reeemmoRdationeT eaid somm4goien way preeeed with the keaping an the proposed urban renewal prejeet pre- seribed by paragraph Ee} kelee$v Ea}--xhe-eity-eaReisOi@n-aha��-held a-pmb�ie-hearing-eR-an-mPbHR ranew al -pre 6estT-a€ter-publie Retiee-thapee€-by-pwb�ieatieR iR a Rawapaper haying a general eiroUiakieR in the epee of Operation of the mwnieipaiity. The Reties ake��-deaepibs-the-floor-dater plaee and pmrpose of the hearingT shall generally identi€y the Urban renewal epee-eevered-by-tke-plaRT-end shall sublime the general agape of the Urban rsROwe1 prs3set-Under-eeRHideretieR. �d}--Feiiswimq amok heariMIr the — eity-eseRiaeieR-nay-approve-aR Urban renewal p26e3oet if it finds that �44 a feasible agtked-ewiete-€sr-the-ieeatieR -� 9€ families who will be dispiaeed From the Urban renews&-apes-in-desenky-safe -2%- and-sanitary-dwe��ing-aeeerMwte- datiens-within-their-Means-and Nitheut-undue-hardship-to-sdoh FaM 4148st F2� the urban renewal-p�aR-eeR€srrMB-te-the genere�-p�aR-e€-the-MtuRieipai- ity as a wholat and FJ4 the urban-renewal-p�eR-W#��-a€€erd wtanin�mM+-eppartunityT-e9n@ie- tant-with-the-sound-Heads-e€ the-M�mRieipaiity-aa-a-whe�eT €or the rehabilitation or red@vaIopment @€ the urban renewal area by private enterprise.--Provided?-that-�€ tha urban PSROWGIT area sensists of on area e€ open land to be aegd}red by the a�uRisipa�ityT-ameh-area-ahaii nob-be-so-aeguired-aR�ese-E�� �€-it-ie-te-be-dev@�eped-€sr residential aseeT said eammissisR shall detepm4ne that-a-ehertege-a€-hem@iRg-a€ sound standards and design whisk is deeombr sage and sanitary sm4sk8 4W the MuRielpalityt that the Reed €•!-heueiRg-aeee�M�Modatiens-has been-er-wi��-be-inereased-ae-a reeait of the eleareRee a€ e�mwta-iR-ether-erase-¢ine�ud- iRg ether portions of the urban-P@ReWai-area;;-that-the esRditieRs of biighb in the area and the shortage- 9€ doeeRtT sage and sanitary hsmsing-eaase-ar-eentribmto-te aR-inereaee-iR-and-spread-s€ disease- and -erime-and-eeRsti- tute' a moRase to the pubiie healthr ss€etyT wtera-1eT er wei€era;-and-that-the-nequi- sitiaR e€ the area €er residential wage is an integre�-part-e€-and-eeeentin� ta-the-pra9Pam-a€-the-mu Fviei- paiityT-er-E��-it-i€-is-te-be daysieped-€er-ReRresidewtini massy.' said sammissien shall deterwtine-that-amok-nenreei- dential-ueee-are-neeessapy -and appropriate-ta-€aeiiitete-the proper-growth-and-da�a�epwtent •€-the-eB�Mw+uRity-in-aeeardanee with-hound-piARRiRg-standards and iseei so-mmwRity ebJee- tivesy.-whieh-aegmiait3en-nay require the 0*9reiss of governmental aatieny as Provided in this aaetisnr besauas of de€eetive or unusual-eenditiens-s€-title? diversity of ewRershipr tar dsiinqueneyT improper sa6- divia4eRBT ewtMaded strest pattarneT deterieration of sitey ee9nemis d#amsGr unsuitable topography or -28- i 0- fop the earrolob4on of type area-w�tya-other-areas-a€-tyhe Mwn3e3pal4ty by Streets and �adern-ttya€€�a-regU�reMAatyeT er any sombtnak4an of Bush 6694ePB Of etyher aend4b4@0e wh#ea retyard development of the -area, �e4--An-urban-renewal-plan-may-6e aged4€4ed a any 164mef prov4de4iT that 4€ mqdj?€}ed e€ter-the-�eaae-aP-ease-br-the MURia3paItty-e€-Peal-praparty iR-the-wrbeR-renewal-pre�aety areal-hush-a�edt€#eat}en-a�ay-be eeRditrieRed-wpen -sash-appreva� e€ the ewRerr lessee or sueeeaser-3R-�Rteresty-ea-tyae a�uR}e�pe�#tyy-.a ay-deewt-adv�e- able -and-iR-eny-event-shall-be awbJoe t-te-sweh-r#ghte-aty-}aw ar 4n egw4kr as a lessee OF purehaeerT-op-his-sweeeaser-op eueeeesere-iR-tntereetT-may-be enttt�ed-te-aeeerty. �94--Wpen the approval by the MuRte#palityy of an wPbaR renewal pIaR OF of any ale44€4eat4en theree€T adeh p�aR-er-wted�€3eaty�en-eha��-be deewted-te-be-�n-€w��-€arse-end e€€eery For the respeetave Urban renewa-1 area and the mw%4e.ipal4tyy, may then souse Bush-plan-er-�aed}€peat}en-te be-eaPP3ed-Bub-bn-aeeerdenee w30h-ate-teP�as� �g3--etywtyaetyandRg any ether Previsions a€ this seet3enr where the e3ty eammiso4oR eertt€yes-that-en-area-�s-}n need of redevelopment OF PAJa18bi�3�ratrieR-ae-a-Paeu�ty-e€ a €leedr €3POr hwPPieaRer earthgwaker stermr er ether eatastyPephe-reepeet�ng-wh}ah tyae-gevePneP-e€-the-atyatye-has serbif4od the need for disaster e684stanee undwr Rwb�}e-{yaw-B��T-�}ghtr-€�Pety GengressT er other federal. �awT-tya.-e�ty-eewta►tee�en-oar Opp reve -an -Urban-Penewal-plan end-en-Upton-Penewa�-preheat with Peepeot to sweh area w}thewt-regard-te-the-prev3- s}ens-a€-paregrepa-Fd3-a€-tafe sub-aeety3eR-awd-the-prevts�ens e€-tyhae-sub-seet�en-PegutPang a general plan for tyha Munieipaltty and a publ}e heaP�ng-eR-the-Urban-renewed pre�eety� -29- j Y 1 ;.--Rewere. ;bs City of Miami ahell. have a1.1 the powers ReesseaPy or eeRyeRieRt-te-sorry-aut-and-a€€ae- tuete-kbe-pur�esea-and-previsions-e€ this e0e44enr ineluding the €aItIaWing powers in addition Ike ethers-here#R-granted (84--T-e undePkake and sappy out urban-renewed-pregeeta-w3th�R its-area-a€-eperettenf-and-ka asks-and-e�reedka-eentreete-eRd ether-3RetrdmeRte-Reese@aPy-Ar 9eRyeRiARk-ke-the-etlePeiae-a€ �e-powers-klRdeP-Chia-a9etieR� and ke disseminate alum elearanes and urban PeRewal, iR€ermakieRt Fb}--;e provide or to aPPange or @ARtPaek-€AP-tk1A-�klPR3ahiRg-AP repair by any person or agenayr-pubtie-ar-pPivak0r-e€ servieear-pPkvilegesr-werker, atreeter, reader publ#e u4iIiti0a-er-e4her-€aa41444es €er-ar-iR-e@RR9et}eR-wits-aR urban renewal prejeekt ke imatelir eenetPeekr and ressmakruek atreetar utili- t}esr-parker-playgreuRdsr-and ether-pub�ie-tmprevemeRte�-and to agree to any eeRditieRs that it May► deem reasonable and epprepr3ake atteshed to federal-€iAaReiai-ass}skanee and impesed puPauank ke federal law PeAating to the determination of prevailing sa�ariee-ar-wages-er-eemp��- anee-with-}abet-skeRdarder-iR tb+ undertaking OP earrying 91it a an klPbam renewal pre�eetr-end-ks-ine�uda-iR-any eenkraet }et in eenReetten with amok a prejoetr preyi- eisns-ke-€ulCill-such-e€-said eendttieRs as it may deem PeaseRable-and-appropriate. Eel--W�tb�R-ate-area-a€-eparatiaRr te-enter-into-any-bu3�ding-er props rky-iR-sRy-urban-reRewa� area- iR-erdeP-te-make-tRHpee- tisRar aurveyer appre4salar seand#Rgs-or-test-ber�Rger-eRd to obtain an order €er this purpose gram a esurt o eemp*tent -imris4ietien-in-the event entry to dented er res}Htedt ko aegaiPe by parehaser-leaser-epkaeRr-gi€tr grantr beguestr deviser eminent-dema�p-eP-Btherwio@r any-reH�-praperky-EoP-pereeRH� pPeperty-€er-tta-admiRiskre- tkve-purpeses3-together-with any- kmpPevemeRta-khereGA+-te heldr improver eteaP or -30- i . i ePepaPa-€er-redevelapmenb-enr seal+-preperb�;-te-elapses-e€ air-real-preparb�;-ts-ins�ero sr-previds-€ar-the-inae�ranee of any real of pereomal preperby -or-Operations-e€-the �eR�e3pe�3��r-ego#nes�-aR�-r3el�s OP kaaerdsr insldd4AI the power-tA-pay<-premidms-en-HRp riel�-iRadrenee;-and-te-enter iRte-SRy�-QARbPeabe-RaaaseHPy< ba-°`€eateebe-bias-pdPpeeas-af bhis OeakieR. Rrevidedr hewevePT that Re ObabetePr previsisne-with-tempest-to-the segeiaibiAnT elearanes er dispesibien of prepePby by pdblie-bedlam-shell-reetP3et bae menieipaliby iR bhe emopoise of seek €aRetiena with respeet to SR erbaR Penewal projeetT MRleae the lagisletdre-shall-apeei€ieally� •s-state; Ed3--Te iRveok any Nrbon reRAwal pre�aeb-€ends-held-iR-reserves or-siRifiRg-€dRde-eP-an><-sash €dRde Rot raga#red gap immediate diebdraomentr in property er soompities in whisk savings banks may legal�y<-invest-€ends-sdb�eet to their sentrei; to redeem seep -bends -ea -have -bean -waded pdredaRt-te-smbseetien-�A-o€ this-saebien-Ht-the-rsdompbieA prise-eatablieh•ed-therein-er be-ptirehese-mesh-bends-et -lass then redempbien prieer.all seek bends as redeemed or pdPehaesd-te-be-eanaelled; 4e4--;o-barrow-menep- and -to -apply €er and aaeept adveneoer lBHReT-•gPaRtsT-e9RtlibkltieRB HRd-BRY-AtkAr-berm-9€-€iRHR- ei44 assistanee €rem the €ederal-geverRmaRtT-bps-stater eeklRty�T-eP-ether-pdblie-bedy►T er-€Pam-eRy'-saeroeeT-pdblie-er pPivateT-€er-tile-pdrpeses-e€ this-seebienT-end -te-give -sash seewrity as may lawfully be regeired-and-te-enter-irate-and sappy ewt eentrsete in eennaetion therewith. lke mdRieipelity M8Y iRelVde in any sentreet -€or €ineRsial assistanee with the €ederal ggverRm*A& far an drbaR renewal prejeet Beek Bendi- tiens imposed purBdent to €Bderal-laws-Hattie-manieipel- it)$ may< deem reesenable and appropriate -and -whisk -era -net iRBAReieteRt-wilik-the-perpsaes e€-thee-B�etieR; -31- M 0€3--WithiR-#ts-eras-a€-eperatiamr to make or have made all ewrveye-and-plens•ReeeaasPy-ate the earryiRg out OF the purpeeeo-a€-this-eeetieR-and te-eentPaet-with-awy-pePaeRT publie-er-privater-iR-making and earrying out Gush plans and to adept eP appPOVOT mad}€y-and-emend-eueb-plawa. 5web piano may insleder without limitatiGR+ �4} a genera}-p}en-€er-the-6ity-a€ Miami as a whaler E24 urban renewal-plen@T-���-prelim#nary pram@ -Out lining-wrbaA-P9AGwBI Getivitie@-€er-Reigbberbeeda te-embraee-two-el-mere-wrbaR Penewal-aPoaSr-F44-plane-€er eaPPying out a program 9€ velumbary-or-eempuleery-repair and rehabilitation a€ buildings and improvemeRter f�3•plaAe-€eP-the-eR€ereemeRt o€-state-and-laser-lawoT-eedes and regulations relating to the was, of land and the use and-a@eupaRey-a€-buildings-and improvements and to the eempulaePy-repairr-rebab}lita- t�eRT-damelitieRT-9l-PemevBl o€-buildiRgo-and -imprevemeRbar sRd F6} appraisalsr title aearehesr surveyor otwdiesr and other plans and work Aeeeeeary-te-prepare-€er-the iiRdePtalfiRg-B€-kiPb$R-PeRe7wa� ' pre�eeta.--Fhe-mwwieipel}ty-ia autberiaed-ts-dsvelepT-te@tr and report methede and teehRigwear-war y-Ow t-demen- stratieRe and other aetiv4- tieer-€er-the-preVentieR-awd the-slim}Ratisa-a€-slwmG-and urbaw-blight-and-ts-apply-€err a@eept-and-wt}liae-grawts-a€ €undo €rem the Federal gevslRmewt-€er-$doh-pwPpeeeat Fg3--fie prepare plane for the leleeatiew-a€-pePsewg-�inelud- iAg €anvil}ear bdeaneae @eRe9lRe -and-etbePe3-displaead by-aw•wrbaR-renewal-pre�eetT end to mare Peleeatiew peymeRte -te-eP-with-reopaet-te *web persons €eP moving **pongee and lessee of property-€sr-whieb-reimbwrsa- ment er eempeneatieR is met otherwiga-meder-�nelwd3ng-the making of amok paymenbte €inaneed by the Federal government; �b3--}e-apprepliate-swab-€ends-and mako-suekt-a*pewditwree-as-may be -Moog aaary-te-earry-ewt-the pwrpaGee•*€-this-east#enT-and -32- te-levy-tawe9-and-assessments €ar-ameh-pm*poses t-ke-nene-eP Pomona any part of the mmnieipa}4ky or Make seeep- kions €PSM bWi&diRg regdle- kienst and 1&9 enter inks agreements with an Wrban renewal ageney vested with WrbaR-renewed-pre�eet-pewere Wader sWb9991&19R 44 9€ this eeetien-�whieh-egroements-Mar ek4914d ever any period Retwitheteflding-any-preyisien or rule of law to the een- trary}r-respeeking-aekieR-ke be-tekeR-by-the-mMlflieipa�iky pmremaflk-ke-any-a€-the-powers granted -by -this-seekieRt _ �44--;e eleser vaeakeT plan or rep-lan streskeT Peader sidewalkeT ways OF ether pIsee 9t-and -te-plaR-er-replan any-park-e€-the-mmnieipa�ityt E�}--�tithiR-ike-eras-a€-epelakieRT. be ergaRiaer eeerdinate and direst-the-admiRietrekieR-e€ the-plewiaieRa-a€-this-BeetieR ae-they-apply-te-the-mWniei- pelity in ender that the ebjeettve OF remedyiRg SIMM and-bighted-area-and-prewen- ting-the-e9me99-theree€-within the-MmRieipa�iky-moy-ba-Meek e€€eetiwe1y, promoted and ashievedr and The eekabi4sh amok -new -off iee-er-e€€sees-e€ the Mmnie4pal4ky or to reergeRiae-e�riaking-a€€lose-iR order to early ewt amok pmrpese-Meat-a€€setiweiyt-and Fk}--�s-e�tereiee-ail-er-any-part-el eembinatisR-a€-pewere-kePein graRkad. Br--SmiReflk-deaa3R.--�ha-C�ky-•€-Miami shah-taws-the-tight-ke-aegdire-by eoRdemnatioR any, intePe84 in goal propelkyr ineiWdiRg a €ee aimple kilos the$eter whieh it, May deem Rgeese aPy-€oP-er-iR-e6RRAeti9R-wikk aw-mPban-renewal-pre�eek►-under-this seokien. Said mwnieipaliky may emereias-khs-pews!-a€-emiwenk-domain iR- the -MORROP-previded-in-ehaptere and ;4T Gisrids Stakub9sr and mete-amendaksry-kherse€-er-empp�e- mewkary-kkerskaT-er-ik-may-ewereiee too -peweP-A€-Aminent-domain-in-the mafl neP-Rew-er-wkieh-may-be-herea€keP provided by any ether skakwkery pPaviaisms -€or-the-ewerAise-e€-the power -A€-emineR4-domain*--preperky already-deveked-ke-a-pWbiie-wss-may be required in like manRePt -33- 0 0- pPevidedr that Re Pool pPepsrby belonging to the abater OP aRy palibits aI-smbdivi940A-tkeree€r-may be-sagdiPed-without-ito-osnsent* or --Disposal of property in urban PeRewa&-sled• Ea4--;he City of Miami may se&lr lease of ethepwise transfer real -property -el -any -interest therein?-ae�mired-by-itr-end may-enter-into-eeRtreeta-with reepoeb-tkeretsr-iR-aR-urban Penewal.-else-€er-raeideRbialT PeereatisRa&T sommereioly industrial or atkof me.es or for -pub lie -aoer-er-may-r�teiR smek-property-er-iRteleet-€e! publie-Weor-iR-aeesrdanee-with the urban renewal p&aRr smbdset to smek eevenaRtsr send it4ORe-eRd-PeatP484ieRaT inslmding @eVeRents PmRRiRg with-take-lendr-as-•it-may-doom te-be-neeeeeary-er-desiPab&s to assist in preventing the devs&epmeRt or spread 9€ €uture-sl.mme-eP-bl.igkted-elsas er-te-otherwise-earPy-emt-the purposes of tkis seetient previdedr that smek sa&eT leaser ether 4PBRs ePr OP rstentisnr-and-any-agreement re&acing-therstsr-may-bs-lade aR&y-a€ta!-the-approve&-e€-the msbaw-renewal-p&eR-by-take-eity e9mm3aaieA�--eke-pmishaaePa-eP l.easass-and-take}!-emeeesaere and-assigns-she&&-be-obi#gated te-duvets-emek-real-pseperty only-ts-take-weea-spsei�ied-iR tee urban PeRewa& plenr and may be obligated is semp&y with-amok-other-rsguiremeRte as the mmnieipa&ity may determine-te-bs-iR-the-pmblie intereatr inelwding the obligation-te-begin-Within-a roaeenab&s-Limo-any-imprsve- ments an amok Pee& property regwired-by-take-urban-renews& p&aR.--Smek-tea&-prepePty-et interest aka&& ba so&dr l.esasdr-otherwise-trans€e!ledr sr -retained -at -net -&ass -than ita €aiP valms far uses in aeserdanse with the urban renew al tke flair Value Of real property-€e!-mesa-in-aeseld- ones with the urban renewal. pl.aRr-the-mmnisipa&icy-shall. take iRte sesewmb and give eensideratien te- the uses provided in amok Plant the Pestrietione mpeRr and tke covenanter seRditiens and obligations assumed by take -34- t r c pwPekaaeP-Do -�esees-el-��-the mtlnteipality retatRing the prepeltyt-and-the-eb�eettvee •€-etleb-p3�an-€er-ths-pr,eveA- tteA-a€-the-reetlFPane9-a€-attlm so blighted a!@ae. ;he mtlRietpa�ity-iA-eAy-inetPtlmeRt of sonveyaRes to a private ptlrehasep er lessee may pPeMtde-that-atleh-pePehaseP-er �sasee-eheii-be-wtthetlt-pews! to selir tease of otherwise transfer the real property Without the prior written e9R8914b Of the mtlAtetpaitty mmkit he has aempiebod the eenstPtletiien of any er all improvements whisk he has eb�tgand-himse�€-te-eeRetrtlet thePSOR. Real property, Hegtlired-by-the-mtlnieipeitty wh3ehr-4R-aeeeP4aRee-with-the provietema e€ the VPbaR renewal p-18RT to to be traRo€ePledT-shall-be-trans- €ePred-as-rapidly-ae-€easibie iR the ptlb.te 4Abeseeb @eRaisteRt-wick-tke-eaPPytAg ®tlt-a€-the-prevtsieae-a€-the tlrban renewal plane Any► eeAt,raet,-€e!-etleh -trans€eP-and like tlPban renewal plan F9* amok part, er parts of amok eeRtraet or plan as the mtlnteipalrtty May detePmt14e4 Bey-be-reeePded-iR-the-e€€tee of the @took of the etr@tltt, sotlrt e€ Dade 6etlRtyr Florida. Ebel--she-mtlRisipa1ttry -may -4.spese e€-rearprepePty-}R-aR-tlPban renewal area to private persons only WRdeF Bush Peasenable-eempetitive-b3dd4Ag RPaeedaree as it *hall pPeseribe or as hePeiRa€teP prevtded-iR-this-etlbeeet�eR� ;he mtlRietpaltty marr by ptlblie-Reties-by-pdblieatien tR a newspaper having a general eiPeolatien tR the eemmtlnity-Etkirty-days-prier to the ane@tltion of aRy eentraety to eallT lease as otherwise trans€er peat property, and pries to the delivery`-e€-any-tnatrameRt-e€ eeRveyaRes with sespeet theseta-tlndas-the-pFAviaieRe 9€ this awbasetiaR3 invite proposals from and male available all pertinent in€aFinatien to . private redevelopers or any persons iR�aseeted-in-andest,a{�ing-te redevelsp-eP-Pekabilitai�e-an Hoban renewal *#ear OF aRy past thereo€v Sdeh netise -35- ®hall identi€y the areal Of portion theree$T. and $hall atate-teat-psepee a}s-shall-be made by these interested within-thiPty-�;a4-days-a€ter the date of publieatieR of said Rehear and that sudh €"ether in€ePmetien as is eve}}able-may-bs-able}Red-at saes a€€iee so shall be designated in said Retisev the mdRisipality shall a eAsideP-al}-etleh-redeve}ep- Mont er PehabilitatieR pPepesals and the €kRaReia} and legal ability of tee persona -making- etleh-prepesa}e. to earry them etltr and may Hegel}ate-with-any-peP9ena-€eP prepesals fop the ptlrehase, }ease-er-ether-trans€eP-a€-eRy Pea}-prepePty-aegtlired-by-tee mtlRieipality in the wPbaR Panawa}-area.--she-mtlRieipa}- ity-may-aeeapt-s�reh-prepaeal as it deems to be iR the ptlblie interest and iR €tlrtheraRea-e€-tee-ptlPpesae-e€ this-se�tieRt-previdedT-teat-a RetiieateR of intention to •eaept-etleh-prepseal-@ha}}-be €ilad-with-the-eity-eemmiseiew Rel-}ass-then-thirty-k�6}-days pPieP-te-any-etleh-aeeeptanee. �hePea€ter!-tee-mawieipa}ity may-a�«.etlte-etleh-eeRtraet-iR aesePdanee-wile-tea-previeiens as paragraph (a4 haPeof and deliver deedeT }eases and ether-inetPtlmenta-and-take-all steps-nseesaar�-te-a€€aettlats each-sentreet. Fa3--the-mtlnieipa}itr-hay -temperer- i}y-opera#a- and -maintain -real pPepePty-aegtl}Pad-iR-en-tlPban renewal ®Pea pending the dispaeitien-e€-the-properly-ae aathePised in this seetienT withedt-regard-te-the-previ- siene-e€-paragraph-(re�i-shave! €er-edea-tlaee-and-ptlrpesse-ae may -be -deemed -desirable -even lheegh-Ret-iR-eon€enmity-wile the-tlrban-renew al-p}env }8.--lsetlenee-a€-beRda. Ea,1--lee-City-e€-Miami-sea}l-have ;; pawer-ts-isetla-bends-€rem-time ''! te-time-in-it@-diaeralaan-tr ;i €inanee-ths-tlndeataking-a€-any j drbaR renewal pPOJest finder j kkia esetien, iRelwdiAgr j withetlt-}imitiAg-tee-genera}- i ity ths:ee€, the payment of pr}neipal and interest dpeR eRy-advaRaea-€8r-@wrvey@-and I planar and @hall also have -36- 4 pewee-te-ieemo-Pe€dRding-bends €e!-the-payMORt-aP-retePeMegt of Omsk bonds poevievely # moved -by -it:-6moh-beads-ehalI be Made payabler as As both pPinsipo�-end-interest!-solely €PeM tho iReoMe* pP$eoedar PAVeiimeaT and €mRd$ e� the Mmnieipaiity-derived-€Pens-aP held in e9Rne0tien with its vgdePtaking-and-eaPrying-gut e€ uPbam Ponewal preheats under-thi8-9eAti$R;-plAVidedT heweverT-that-payment-e€-mush beRdSy both ae tee pP4neip8I and-interest!-May-be-€urtheP assured by a pledgA A€ aRy JeaRT grant eP @ARtPibmtiBR €PeM-tho-€ederal-gevernment-or other asmleor in aid of any vrbeR-reaewa�-pre�eete-a€-tka Munieipality, mAd8P kA48 BAetienw Eb}--Benda issued mRde# this smbeeetien-ehaii-net-eeRati- tmte OR indebtednoss within the-n1AARiRg-off-aRy-eeRatitu- tieRai eP statutory debt �i0litatiBR-eP-le9tPiAtiART-HRd shall net be embJest to the previeiens-e€-Any-ether-law-er sharteP *elating to the Amtherinab4omr issweRse er sale of bends. Bends issued under-the-plevimiens-e€-this seetieR are deoiared to be #saved-�9P-en-esseRtia�-pub�ie and-gevelRMeRta3�-purpose-HRdT tegoths!-with-iRtele$t-thereon and- ineemo-there€Pen+!-$ha-1i-be sRespted-€roM-sii-tekea� �93--Bonds }saved under this subesetisn-Bha�i-be-avtMeliaed by-l9AeimtiBR-AP-ePdiRARAe-A€ the-eity-e$MMiBBieR-and-May-be iaHmed-�R-eRe-el-lRePe-aeries and shall bear amok date or dateHT-be-peyab�a-mpen-dAMand of Mature at musk time OF times!-bear-interest-at-eveh Pate-BP-PataaT-Ret-0M99a44AS else-per-osRtda-E6�3-per-awRVMT be in Bush deReninatisR or deReMinStORB ?-be-iR-smeh-€era either-esvpen-er-registeledT eaPry aver eeRversisn or PegisteatieR-priviiegesT-have amok Pank or priority'r be eseeevted in amoh wannerr be payebie in sme% Medium of payMeRtr at smeh piaee 8P piaessT-and-be-Bmb�eet-to-eveh terms-a€-radaMptioR-(rwi.tk-eti! witkeut-preMiaM3T-be-assured in-avep-MaNRePT-end-have-suss ether-eharaetelistioaT-ae-May -37- r be -pre vided-br-gush - Fee 91dtten er-tPwst-�rRdeabwre-er-mertgege toamad-pop aid an4-thsre40 v �d3--Sweh-be Ada -may -be -Sol d-at -no t see-than-par-et-pwb�ie-ea�ee held 8€40P Retie* published prier to gush sale in a Rewapaper having a general e4retl16t41eR iR the area of operation and in gush ether mod ium-a€-pubteetteae-as-the wunteipa�tbr-war-determine-er may be smakaRged €er ether bends an the baste of part previdedT-that-seep-bends-may be sold to the federal geverwwewt-at-private-gaffe-at net-see-than-parr-ewdT-iw-the event lose than all, of. the awther�aed-priaeipe�-emewnt-s€ sash bends is sold to the €edePal gellePAweRbr the ba�ewee-war-be-ae�d-at-private sg�e-at-not-fee•-than-par-ak an interest east to the mwwtetpe�rtty-e€-net-te-e�reead the interest seat to the mwwietpa�itr-s€-the-pePbtea-a€ the -bend s-as �d-bo-the-€adera� geverRmeRkV �a3--fin ease air 9€ the pwblte e€€iete�a-e€-the-wtlRtetpe�iby wheae-eigRabtlPee-appear-eR-aay bawds-er-eeepens-taetled-under byte-se�tien-she��-sagas-te-be swah a€€ieials be€ere the de�tvePy-e€-gush-bawds!-gush signatures shall! neverthe- loser-be-valid-and-sw€€teienb €or�-ait-ptlPpeaesr-the-saws-as i�-gush-•€€tsia�a-had-Pemeiaed aw-a€€lee-tlRbii-syeh-deiiverpv Any prevision 9€ any &aw to the-eeRbrary-wetwithstand�agT any-bends-ioetled-ptlrswanb-be this seekiew shall be ;Wily, Regebiablev €4--4w aay etlibr gotten or pleeeeding involving the va�tdiby-er-ew€elaaebi�tky-e€ any bend ioetlsd wRdar this 80e4ion Or the seewrtby there€err any atleh .bend reeibtng-ia-eubebawee-that-it has 60en teamed by bhs wtlRteipality in eaARestisn with -en-urban-Pewewa�-pre�eekr as herein de€inedr shall be eenoiusiveiy doe -mod to have beOR-iaatled-€er-swab-pwPpe®e and gush prejoek shall, be eeaeiwsiveiy deemed to have been plannedr leeated and eePlted-etlb-�n-aeeerdeRee-webh bh0 provisions a€ to, hie seekie"T -38- ll.--sonde as legal investments. All banker tPtlet aempinisar bankerer savings beAka and 4mok4tdt4aAer btlilding and loam aeseeiekioner savings and loam assweiakiensr investmenk esmpaniee and sober persons earryimg on a banking or #nyeskmOak -bus 4peasf-all-inAtlraRse sompeniser ratlranee aAeseiatiORsrsAd akhor persons sappy img-en-an - imam *am@*-btlsiReast and-all-eweeukerer-admiRistraterar BtlrakePer krusteeer and other €idtleiariesr-may-legally-iRveAt-aAy simkimg €uadsr meneysr Or ether funds belonging to khem Or within bheiP-esRUPS l-iA-any-bends-ar-ether obligations isomed by the Gity e€ Miami-puretlant-te-tale-eoetieR-er-by 8A-tlrbaR-reReMal-agARBy-YBeted-With Wpbam- Pon owai-pro Joe i-peW@Pe-WRdeP subseetieR lS 9€ this seekient preYidOdr-that-@tleh-bonds-and-ether obligations-ahall-be- ago Wred-by-am agreement -between -the-isstlor-and-the federal goveemmeRk iA whieh the issuer agrees to berrew €rem the €ederal-geYerRmeRt-and-the-€ederel government agrees to lend be the isomerr prior to the maturity 9€ suAh bends or Other obligatisnsr moneys - With any abhor moneys' irrevesably eemmitked-te-the-payment-e€-interest 9A-atleh-beRde-er-Other-ebligetieme� will-su€€lee-tO-pay-the-prineipal-a� stleh-beRde-al-ether-ebligetisne-with lotsrest-ka-mattlrity-theleoRr-whieh manors under, the terms of said agreement are required be be used for the ptlrpese Of paying the prineipal 9€ and the iRtereet on stleh-beRde-er-ether-ebligatians-at their, maturity. Sueh bonds and other ebligatiens shall be authorised-eestlrity-€er-all-ptlblie dapeeiks.--It-is-the-purpose-a€-this seekieR to authaPise any persener pelitieal-aabdiYi@ieme-and-a€€feeler pablie-sr-pliYatsr-te-tlee-aAr-€tlnde or, ether ebligatiene. N@thiRg eenkained iA this sestien with regard-ke-legal-iRvestmORte-shell-be eanekrued-as-relieYimg-any-pereaR-e€ any duty of e*ereising reasomeble ears-iR-egleeking-aset�likieg. ls.--Rreperty-ewe mpk-€rem-ksees-aAd-from levy and sale by virtue s€ an oweeukien. �a�--All property of the Gity e€ Niamir-�Aeltlding-€under-awned er-held-by-ik-€eP-the-ptlrpases of this egotism shall be •�tempk-€rem-levy-amd-sale-b7� Yi:ku@-a€-am-eWeeutieRr-and-As gusatltisA of ether jWdieial possess shall issue against -39- the same R9P shall judgmeAt age#Rw$-the-muA#elpel�ty-bA-a *hers* of lleR upeR sue% plepePty;-pPeMidedr-heweVer? that the pPeV493ens A€ this seAtieA-shall-het-Hpply-te-er llmlt-the-r#ght-a€-ebl#gees-te pursue any remedies for the eR€ereamewt-a€-aany-pledge-sP 14004 14VeR pwPewaRt be tb3A eaetleR-by-the-mwA3elpal�ty-eR 446 rents? fees? granteeP PeVeRw99 €Pem urban PAReW61 prejsete. �b�--ohs-pPeperty-e€-the-muwlelpel- 3$yT-aoqulPed-er-held-€eP-the purposes-e€-this-sestlAn?-la deelared-te-ba-pubs#e-property wood-€er-eeseAt}fll-publ}e-and gevernmoRtal-pdrp@see-and-Dusk preper$y-shall-be-ewempt-€ram all-tense-e€-the-muR}e3pel�tyT tliA-AewRt�.T-t�1A-S�'rate-AP-HRH polltleal-ewbdlVaeleA-ther99€t pPeV4494T that oueh taw ewAmpt3eR-Sha�•�r-tArmlRate-whAR $he-maRle}pal}ty-aelleT-leases oP-Otherwise-dlepeeee-a€-sueh prepePty-iR-aR-klPbHR-PAgAwB� area-te-a-purebaaor-er-lessee w•kloh is net a pwblle body entitled-te -taw-ewemptaeR-wltk► Pespeet-t@-•ueh-property. ��.--CeepePHtieR-a€-publie-bAdlee. 4a}--Fer-the-puPpeoo-a€-a}d}Rg-iA the-plaRA3RgT-liRderta{fing-er earPying out of an urban renewal-pre�eet-leeated-Wlthfw the area lA whisk It is aw$ker6aed-te-setT-the-C}ty-e� Miami mayr upon aueh termaT With-er+Wi$helf$-QOAaiderfltiART as It may de$erm3nea 4�3 dedleateT 9e11T eORVOy OF lease-HRy-9�-itB-3RtePeat-�R any property or grant ease - mentor llesnees Or ether rights-er-pr3v}issue-$herein be the urban renewal ageRey •etabllahed-kfRder-stfbaeetasA ;6 keree€t �a} 6RewP the entire-ewpense-a€-ewy-pwblle lmprevemeRte-made-by-e�oM-said City-aS Miami in ewere*a*ng the powers graRtad in this eubaeetleR;-E��-da-ewy-and-ell $kiRga Aeaeseary to aid or 86epePa$e-3R-$ke-plaRR�Rg-eP earPy}ng out s€ an urban renewal-plant443-lendT-grant of eaR$P}buts €uRda to said urban renewal ageneyt �53 enter-iAt9-egPeemeRta-�Nhleh may ewteRd ever any pePiedT Re$M�$ke$andiRg-any-pP9V�a�eR at Pula •€ tow to the eaA- r braly}-with-Aaid-MPbaR-ranawal agemoy er other pablie body PsspsetiAg-eatisR-te-ba-tawsR PUPS" ant-te-any-a€-ths-pswePs granted by thi•e seebieAr iAAIMdiAq toe €uPRiahiRg @f €undo-er-ebbs!-89eisbaAAA-�R eon neebis" Wita an MPb6R Panowal-ple�eatf-end-F6}-@sumo publao bMildiAgs and publie €aeilibieeT-ineludinq�perksr playgroMRder leePmabigmalr eem+eunibyT-edueetieAal*-webs!? hews!?-er-drainage-€aailibiear Ar-sRy-@bast-w@!+{{H-waiea-ib-ie otherwise empowered to undertake t@ be €urRiahedt €urRaehr dedieateT @laser v8@stir-psv0r-install?-grade? PegPad@T plan or PAplen streoter reader sidewalkov ways -or -ath&P-plasest-plan-er PApIsRT BARS OP F94ORe aRy pelt-e€-bas-area-e€-said-63ty of Miami or male 9*eept4en9 €rem-building-Pegalatiens!-and shams-edmaRaotrative-and-ether oarvieee to be €MrRiah@d bs bas-said-urban-renewal-ageney. 3€ at an)' time bible to ar pessessism 9€ any MrbsR renewal-pre�eet-}@-asld-by-aRy publie body or governmental ageneyr other than the said MPban-renewal-agaReyr-waiah-io authorised -by-law -be-engage-aR toe-MRdArtaifiRgr-@HPPyaRg-AMtr or edministrobive of urban renewal predeete Finelud}Ag any-tgeRey-eP-iRstramaRtality e€ the VAited States 9; Amoriea}r the previoaons of toe -agreements-rs#erred-te-iA tags-oabseetion-shall-inure-t• toe-bens€ab-e€-any-sash-publie body or governmental ageney and Ray be eR€ereed by eaeh pMblie body at governmental ageney. Fb3--Any-solo?-eonveyaneer -!eaea-eP agreement-provided-€eP-iA-bale sates@tier-may-bs-made-by-toe baby of Miami without appraisaaT publie modest advertiaement of publie bidding: �93--Per the purposes of this sabssebiaRT-ar-€es-the-purpess er aiding in the plaRningr undsrtakang-er-earPyinq-sub-s€ OR urbaA reRaw83 pre40et Of the munieipalityr said mum is to any authority to issue bends-pureaenb-te-sabssebisn iA}-3soae-and-sell-ata-general ebligetien-bomdes--AAy-bende -41- issued by, the MURieipalib} purauent-be-b%is-seet3en-shall be issued in the Manner and w}bhiR the llM4bek4oms presaribsd-b�-bae-laws-a€-bM#a ebabe for the iesuense and awbheriastien-e€-bends-br-sash Mwn,ieipelibr Rer pub}be pwrpeeee-gsnerall�►-enespb-ae to eeRs444u448nal require- Meatet t4*--fit}e-•€-purehaear.--ARC-eRstruMeRt e*eeUted bY the G44), e6 N}aa} and pUrp8rt4Rg to @envoy any rightr title or interest #R any preperbr under-this-s��ieR-sae}}-be-sane}u- eivel)0 pPe9wMed to have been eueeuted iR eeMplienee with the ppovis48RO-a€-twig-seat!OR-4Ree€ar as title or ether interest 8; OR), beRa €ids puPsha9erer 1-889999 OP tPaR9f9Pe99 9€ eweh preperty is eeRserned* ��*--m ereiae-a€-pewere-in-eaPP�}Rg-sub urban-renewal-pre�eet. -9€-Miami-May-itself s►tereise its Urban renewal prejeeb powers Fas herein de€}Red}-eP-Maur-}€-the-eit� 99MM4e64en by resolution, deterM}nea-gush-aetieR-te-be iR-the-petlie-iRtersat!-sleet te-have-suoa-pewere-eteereiaed by the urban, renewal ageney, 4ereatsd-in-eUbaeetl@n,-l6�T-l€ one-eRistooP-ia-aubse�yuen,t}�► esteb}fished-in,-the-eeMMUR}t�* �R-the-event-the-eit�►-esMMie- eieR-MHke@-ew@h-deberMiRHt�enr the-wPban,-renewal-agen,ey-shall be vseked with all of the Urban-renews}-pre�eet-pewere in-bae-same-Manner-as-t%eug% ell gush powers were 9eR€erPedeR gush AgeRey iR9tead-o€-the-Mun,ieipalit}4 l€ the elby e9MMie94en, does Rat el0et to Make sue% detsPMinati@Rr-t%e-Munieipe}- ity in its dieersuien May emereiee its urban, renewal pre�eet-pewere-threUgh-a-beard or soMMise4ener er threUEj% sUeh-e€€}sere-e€-the-Mun,iei- paiit�-ae-the-aitjr-e9M111i98ieR Mey-by-reselwtieR-detePMin,e. E63--As Used in Gals suboeetieRr the tePM auPbaR renewal preset-pewereu-shall-ine�Ude the-righter-pewerar-€un,etiena and-duties-e€-the-MURiaipslity wndeP-this-Beetien,-ewespt-t%s €ollowing+ the power to deterMins-an- area- to -be -a -alum er-blighted-area-er-aeMbin,e- -42- tier-therss€-and-#s-designate sash-area-es-apprepPiate-€er an-urban-Psnewal-pre�aet-and to held awy pwbAie heariRge raguirod-with-teepee#-#����Ust the power to approve urban renewal plans and modifies — hens #hores€t the power to establish-a-general-plan-€er ilea-laeality-ee-a-whalet-the power -te-€ersulate-a-weekable program vender oubseetieR 4t the-power-te-saf�a-the-deter- sinatiens andindiAge previdsd-€er-in-eubeeetieR-lr swbesetien-fir-and-eubeaet3eR-6 Ed4t the power to isatae general-obligation-bondst-and the power Us appropriate €under is levy &awes and aseasssentsr-and-te-ewareise ether-powers-provided-€eP-iR aubeeetieR-�l�k�. �6.--drban-renewal-Agene�. Ea3--there-is-hereby►-ereatod-iR-ilea CiAY of Miami a publie body aerperate and pelitie to be known as the auPban renewal ageney�a-•�-tks-Ci4y-e�-Mias}� Previdedr. that oueh Agener shell not traasaet any business or e*ereise its powers hereuRder until of unless the leeal geverRing body has made the Finding prseePibed-iR-subseetisn-�-Bnd has-sleeted-te-have-the-urban renewal pPeJeet powers ei4ere3e Bed-by►-BR-urban-raRAMBI ageney as previded in swb- see44eR-lt. 4b3--1€-the-urban-renewal-ageney`-ie autheriaed to traneaet bweinese-end-e�eereiee-powers kerouRdsrr-Ohs-eit�►-eossieeieR shall appoint a beard of eessissioners of. the urban renewal ageney whisk shall aensiot-e€-seven-���-members. Sao% member shall be a - resident-e€-the-si4y-and-shall leave-Uhe-guali€ieetiene-e€-aR _ elaeter-tkareln.--eke-seabers e€-the-€�ret-Bgensy-shell-be appeiRted as €ellews+ Two members €er one reart Uwe - mashers-€or-two-y`esret-three members €er three yearer in order-te-provide-that-the-tars expiration dates will be staggered. All subse,wonk appointseA68 shall be for three rears. Terse of tAe first appoiRtoes shall be - deemed-te-leave-oessenaed-as-a€ aewuary�-4r-tsb3.--ln-the-eveR4 -43- e-vaeaner-eeeare-dde-te-deatb� rss#gnatloRT removal? or #nobllltr Of the member be Perform his dutlesr said' vaeiRer-shall-be-€�,lled-w3taln ken -�t8}-data-taerso€-€ar-the rsma#ndsr of the unswplPed tern. ise}--A-esmMlae3eRep-shall-reealve Re e9A1peR98t4eR fee his serv4eee7 but shall be entitled be boo Reaessarr e�rpensssT-lRelad3ng-breveliRg ewpeRseeT }neurred In the dlsaherge-o€-a�;s-duties.--Gash oemalsolener-shall -held-a€€les ant�l-hie-eueeeaeoP-has-been appointed-and-asB-quell€3ed• A-eart3€}sate-a€-the-appelRt- neRt-eP-PeappelnteeRt-e€-any sommlesioner shell be filed with-the-elerl�-s€-the-6ltr-e€ Miami -and sueh eerb3€4eats shell-be-eenelaslve-evldsnee s€-bae-due-and-prayer-appelRt- 111eRt-9€-eaea-eammleelener. ;he powers of the urban renewal agener shall be enerelsed-br-the-eema�leslsnsre thsres€. A majority of the aeMma�esleners-shall-esnet}buts a quorum €eP bae purpose •€ eeRdust3RIJ business and exereleing-bae-powers-ai<-bae age Aer and €eP all ether purpeees.-Aet#eA-mar-be-taken br-the-ageweyt-upeA-a-vats-a#-a ma�erltr-s€-the-eoa�misslenera preosnty unless In any ease the by-laws oadll *equip* a larger RanbeP. Any, persona mar be appointed as eemmis- e3onora-l�-ther-realda the epee ep operate" of the Agonoy► Ewa}eh shalt be estsre#Woos-with-the-eras-e€ eporst3eR-e€-the-suRlelpalltr} and-a:e-etasrw}es-eligible-i=eP sash-appeln tmeR te-ktndaP-tale Aet. ;ho eltr esmmaaslen shall designate a eaaisman and vies-ehalrman-€!ee-among-the agener eemmiesieAsre. ;he agener-mar-s�opler-aR-e+�seutivo dlpeeterr tsehnleal eOperts and sash other agent* and emplereear permanent and temperary►�-eo-lt-ear-requlse� and-ae-the-oily'-es�►maealen-ma}� autaeraasT-and-detePalns-their quell€leatlener duties and soapeneat#en. ;he agener autheelsed to transaet buelnoea-and-e+caealae-pswsp• awdor-thus-aeatleA-shal3r-€llsT with-the-eity,-aemmiseieaT-sa of bo.€ere Maroh ;3r e€ eseh y,ear-a-rapePt-s€-its-set}v#- ties leer the pPeeediwg salsadar y,edry whieh *spark shall imelwde a somplete $iRaReiHl etatemeRt aettiRg gePth-its-aesetaT-laebilities� iReeme-and-operating-skpsaee ee-e€-the-sad-•!�-mush-ealendar gear*--At-the-time-a�-€iiimg the-repePtT-ths-egsaey,-shall publish in a newspaper of general oirewlstien in the m�nieipality,-a-netiee-te-the e€€set that eueh report has bAAR-�ilAd-with-ths-muRieipai- ity, and that the Pepert its available €ef inspection ddP�Rg-ba8inees-hours-im-the e€€lee-e€-the-city,-elerl�-amd im-the-e€€tee-e€-the-ageRey,t 4d�--Fer-}ae€€ieieaey,-er-aegieet-e€ du�y,-eP-mieeeRdaet-iR-@€€ie•, a-e9mmiesieReP-may,-bA-removed eRi�-a€ter-a-healing-and-a€ter he shag have boom giveR a espy,-e€-the-ehaPges-at-�eaet tom �49� days prier to sueh heariRg and have had an opportunity, to be heard in person-aP-by,-e.uReel. ��*--latereeted pub -lie o€€ieialar esmmies eRera at empley,ess* me pubiie-@€€ie.ial-eP-emp•ley,9e-e€-the 6ity,-s€-Miem}-�eP-beard-er-eemmis- aieR-therse€3T-end-ne-eemmiesieasr er empley,00 of the urban renewal ageney,-wh3eh-has-bean-vested-by,-the muRieipal4ky� with arbaR renewal pPoise t-pow sre-under-ambseetten-tt shall voluntarily, aequire any, personal intePestr diPoet at indireetr in any, mVbaR remewai ple�eetT-eP-iR-say,-pPopelty,-ineluded eP planned to be imeluded in aRy, WF ban renewal prejeet of said muAioipaiity,-eP -in -any,-gem treet-eP pPApeaed-eeRtrset-iR-@oRReetieR-with amok -arban- renew al-plajest*--where edek-aequieitieR-ie-net-veleRtaly,r the intopeak sequiled shag be immediately,-diseieasd-iR-writing-te the eity, sommise•ien and amok diealeeure-shall-be-eRtelsd-upon-the miRuteo-o€-the-eity,-esmmiseien.--�€ any,-cash-a€€ieielT-eemmiesieme!-eP emplay,sA-preesntly,-owns-•!-e9RtreieT of awned at eentrelled within the pleeeding-two-y,earsT-any,-iRtsrestT direst-sr-indileet,-ia-any,-prepaPty, whieh he km.Gwe is iRelu$ed at pleRRed-ts-be-ineldded-in-aR-urban renewal proieety he shall immsdi- ateiy-di solose -tkie- set- in -writing to the eity esmmissien and amok dieelseuPe-chill-be-eRtelsd-upon-the :0$1' X Mind kaa-9€-aaid -so nM4aa4OR- and -any $WON effis4air sommissioner sP eRplsyes shall Ret participate in aAy-aetieq-by-tee-ndRieipa�ity-der beard or eomm4ssiAR taeree€}r ar drben-renewal-egewey-e€€eating-edeh prepsrty.--Any-dieelee a•Pe-Pegaired to-be-+wade-bye-ka�a-edbseeb�ew-bA-bae city-A9111111isaiAq-eaali-eenedPrent�y ba-made -to -bae-arbaR-renewal-ageRey waieh has been vested with Urban renewal preheat powers by the mwnieipality, pursuant to the previeieR.e of awbeeetien i5* No eAnniaeieger-eP-ether-e€€leer-a€-tau WPbaR renewal agensyr beard or senniseiAR ewere484Rg pewers PWPSman t-te-tale-Act-shall-sold-aRy AtaeP-peblie-@€€lee-1lRdeP-tee-City e€-Miami-@P-ether-geverwiRg-body-iR Dad a -God Rty-akheP-theA-his-eeMMis- siewership-eP-a€€lee-with-respeet-te Omsk-W PbOR-PsnAwal-ageReyr-beard-or eemmisdieRv any v4elat4oR of the pPevieiARa-a€-ta3s-aabaeetiew-oaeii eeAstitdte-n�iaeeRddet -iR-a€€lee. The- €allswiRg-termor wherever-aced-er-re€erred-te-iR-this sseti@Rr shall have the following ReaRiwgsr-tiRleae-a-sli€€aregt-�eawiAg is clearly iRdieated by the aen- te*t. (a4--nAgeneya or ItdrbaR renewal ageReyn shall wean a pdblie ageRey-created-by-adbaoetieq 46-e€-this-seetieR. �b3--�MwRieipalityu-shall-Illeaq-tee 6ity-a€-Mia�i. Ea}--�Rablie-bedyn-shell-wean-ta@ stater er aRy munisipalityr tewRsaipr villager beaPdr eansisaienr smtaePityr distrietr eP any ether e�bdivieieR-er-pdblie-belly-@€ tee-atai�e. �d}--�CeRn�ieaieAa shall mean the city-@s�n�ioeisR-a€-the-City-e€ Miami. Fe3--aFederal gevePRmoRta shall inelwde-the-CRited-Stat@s-s€ Aseriea or any ageRey or inetrdx�eRtalityr-eelpePate-er stherwiser of tee United States-a€-AnePisa. �€}--�Sldl�-ereau-aha}�-IIIeaR-aA-eras iR-wales-there-ie-s-pleder�i- ReR@@-@€-b!lildiRge-er-ia�pleve- llieRtBr-MaetplA!-PeaidBRtifli-@r ReRPe9ideAt4alr whiea by reason of dilapidakisRr dAtePi@Pati@Rr-ag@-er-ebe96ea- BeReer inadequate prevision -46- €sr-veRtilatieRr•lightT-siPT saRitatieRT or open epaeasr high-deReity-af-pepa�atieR-and e�e�►erawd6RgT-eP-�ae•e�r6e#snea •€-BenditieRs-wbieh-endaRgeP 3�ife-el-pPspsPty-by-�iPe-and 0the P-eameaaT-eP-aRy-eeMbiwa- tien 9f atieh 9e4998 is eendmetive to ill healthr traASMie8ieA Of di@ea$er infant mortalityr JmveRile do iRgmeneyr-er-grime?-and-is detrimental to the pmblie healthr sa€otyr Moral$ or welfare* Fg;--GBlight0d-aPGOU-Sh6ll-MSGF1-aA area whisk by reason of the pPaseweB of a slibstaRtial �; Raab@r-ef-B�+inlr-deteri@rated :i ar-detePiePat}Rg-strmetmreaT •� pPBdenliRaRe@-a€-de€aetivB-er }Radegaate otleet layemtr famIby-1st-layemt-iR- PSI ati@R to siaer adegmaeyr aseessi- bi�ity-ar-mae€aiReseT-iResRi- tary sr maea€e @eRd#t#ener detBPioratieA-o€-sit@-eP-ether imPPOvemeAtar diversity ef Bwwolshipr tax of speeial assessment deiiAgaeRey exeseding the €ai! *alae of the-landT-defeativo-eP-mRmsme� seRditie"s of bider OP the existenea-a€-eeAditieRe-whisk endengeP-tt6e-er-plBpBPty-by fire-sRd-ether-eemsesT-er-any -- e9NlbiRatieR-a€-omea-€meters? Bmbat@wtielly impairs a! arrests-the-oemAd-growth-e�-a Munieipalityr retards the plevlsisne-a€-kemsing-aeeerwlee- datiene or oewstitdtes an aesnel�le-el-eeeial-viability —� end-ie-a-Rsnaee-te-the-pmblie healthy safetyr molaler or welfare I its present e@RditieR-and-maB�-provided? twat is amok bligkted Gres Bansieto of. open land the _ eBRditieR@ esRta6Re4 in khS, pPvwi@. iR smbaeetiew 6 �43 shall applyt and provided €mPtherr that any disaster _ area-referred-te-iR-paPegrapk �13 of smbseatioR 6 shall eeAatitate-a-ablighted-alaeu* Ea3--11WPban renewal prejesta May inelmde mRdePtakiAga and Hatilf#�iieH-9�-the-MmR#eipality iR-aR-albaR-renewal-apse-€eP the elimination and €sp the pPeventieR=e€-the-deve�ep�leRt or-spread-s€-olml�e-and-bligatr and-play-�Rti►eiVe-H�:m111-e1e@1HA96 and -red eve lspnleRt-iA-an-mlban laRewal-HleaT-8l-leaabiliiH- tieR eP Bemservation in an -a7- h �, "*ban, renewal, &rear er enr essbiAak3eR-er-par#-kherse€-iR aleerdaRee with OR tirbOR #* Rowel p48RV Sdeh ander- kakiRge and eetivikiea may inel,ddee-E�3-aegdieiki@n-e€-s spas-area-er-a-��ighked-arse ar p@rtieR t1i@ree€ f F} deMel,ikieA and removal of beil,diRgs and iMpreVeMOAkat 0; instal,l,aki@Ar eAnekrtre- k49Rr of reeeRekraekisR of streetar wkil,ikiosr porker pl,argredRdsr ORd ether iMpreveMeRke Reeeeesrr der @arming out in #lie urban renewal, -area-the-drbaA-reRewa� ab�eatiVse-e€-this-@eekien-in aeeerdenee with the arboR renewal-pl,aRt-¢o}-diepeaitieR of any proper#y► as"Wired iR the tfrban renewal, area �4Rel,tldiRg safer inikia} leasing 9r retention by the MtlRieipalikr itael,€} at its fair valme fee uses iR aseerdaRee with the arbaR renewal-pl,aRt-4�}-earning-edt pl,aRe €er a pregras of v@l,t�Rkary<-ar-aespdl,eerr-repair and rehabil,itation 9€ hw4ld4nae of Other iMpreve- seR#e-aR-aeeerdeRee-with-the Yrkem renewal plant and E64 aegbiei#i®R-a€-aR�-ether-real prepertr-iR-tlie-wrban-reR@veal, arse where Resessarr ke elia3Ra#e wRhe8l,kh9mlr ineaRikary► or &Rea€e eeRdi- kieR@r 1-9990FV d@Re44107 @l,isiRa#e obsolete or ekh@: tiles-ds#rissRkal,-t®-the-pdb�rie wsl,fssor or otherwise be ressve-@r-prevsAt-khs-spread e€-b�igh#-sr-deksrierakienr-ar Ike provide land €er needed ptsbl,ie-€asil,itiea� �i}--��rbeR-rsnewa�-areas-&sane-a al,trs-area-er-a-bl,ighted-ere& ar-a-esskina#iaR-theree€-whi@h kh9-9ity-9sMsi9eiew-design&#ea as appropriate €9r an ttrboR renewal,-pre�es#. ��}--uurken-rsnswa�-pl,aRn-loons-a pl,aRr-as-ik-e.w}eks-€reM-time k@-tiMsr-€er-aR-�arbaR-renewal prs�ee#r-whieh-pl,aR-��}-ehal,l, @@R€ors Ike the general, plan gap the MUAi@ipal,itr as a wh@l,e @@Sept as provided in strkase#ieR-6�g};-and-4�}-ehel,# be SWffiel,eRtl,y< SOMpl,ske to iRdiaaks ea@h land as,ttise- tieRr-dssel,ikisn-and-reMsval, @�-strae#drssr-rodevel,epMsntr isproveMen#ar-snd-rohakil,ita- tieR-aa-oar-be-prepos@d-to-be -48- sarried out in the urban PeRewa4 &rear Se"4Ag and p�oAA4A+�-ehangsaT-4�•anyT-�raAd uses! Mam4mwm deR84449et btli�diRg-regtl4rse►aA4eT-and-4ae p I a A I a relationship t,e definite heal e1§40e44v09 Pospee44Rg apprepr4a4e land uses?-iRpreved-4Pa€€ier-pub4ie 4ranapert,a4ienr ptlIII lits tl441444eer reareabieRal and ee�aw+tlA44y €agili44esr and e4aeP-ptlblie-ir�prevsReAt,&* F{r}--�aee�-preper4y�-Bafl��-}R@fade all-Leander-4Reltld4Rg-4Rpreve - maR4e and €4R4tlrsa 4aoreenr and prepeP4y of any nature apptlrt,enaR4-4ae&@4eT-eP-tleed iR-eennee4ieR-4aerew}4aT-sRd ova Py-aatabeT-4A4ereet,r-r4ga4 and-user-�ege�-er•e�tl44ebleT t,aere4RT-ineltlding-4aln�a-€er years and 1.4ens by way of �udg�eR4T-�reP4gage-al-s4heP- wise Fl3--MgeRdan-shall -me an- any -beRde F4Reltld4Rg-le�tlRd4Rg-beRde�lT Ae4oar-4nt,er4�-aeP4i�ie&4esT eslt,4€4eH4ae-e�-4Rdebt,edne•eT debentures or @the* eblige- 44ene• Fm4--ngbl4geeu shall iRs4tlde any beRdaeldePT-&gent,&-@r-t,rtls4ees €@r-any-beRdaelderar-ar-leBeeP • deR4a4ng-4e-bee-auAie4pal4t,y plepeP4,y used in eaRRee44eR wit,a-BR-tlrbaw-PSAe�+al-pPe�9et,T er-aRy-aee4gRea-aP-aee4gness e€-sues-lessaP�e-iAt,eles4-eP aRy part, t,aeree€T and the €edaral-geverRReAt,-when-it,-ie a-part,y-t,e-eAy-eeRt,rH@%-wit,h 4ae-111tlRie4pa�it,yr FP}--nRarsenu shall MeaR any iRdividtlalr-€4Par-pelt,nerek►4pr eerperet,ieAr-eeRpaRyT-a@eesiH- 44@AT-�elRt,-st,eei�-aesee4et,ieAr Of body pe1444et and shall iwelude-aRy-t,Pust,eer-raeeivsrT assigReer of other person He44Rg-iR-B-si�4le!-lapreseR- t,at,ive-eapae4t,y. Fed--uArea-a€-eperat,ieRu-shall-�eaR 4ae-else-w44h4A-t,ae-eerperst,e liai4e-s€-t,as-RUR4eipslit,y* Fp}--uB88Pdu or Mesomissionur e�eesp4-waeR-t,hey-Hppear-€reM the eonko*k 4e have' another . seaR4RgT-aha44-p1eaR-a-beard? seaaiseisAr depart,M.eRty divisi@mr 999ieaT body at other unit, of; the City *9 M4aa4* -49- Eq�--apwblie o€€ieera *hall mean aR�-e€€leer-wbe-iA-iR-eharge •€-aRr-department-er-bteReh-e€ the-geveORmeRt-o€-tbe-Cikr-oS Miami relating to bealthr €irer•bwilding-regdlHtieRer-er be-ether-sebivitiee-eeneerniRg dwellings iR the mwRielpal- ibr. :+%V- 5eparabi1ity+-esobien-gontrelling. We twit hat aadiAI-aPr-ether-evideRse B€-logisIabive- iRtARtr-it-iA-aerebj► doelarsd to be the eentrelling legislative intent that if a"r Provision of this oeetieRr OF the applieatieR-tastes€-ta-eRy►-per9eR-er @irewmatenessr-ie-bald-iRlielidr-bae remainder of the seebieR and the appliestien as eweh prevision to persona-er-e3rewmsteReae-ether-than these as to whieh it is held 4Aval4dr shall Rot be a€€eeted thereby+. �B.--C€€aetive-date.--phis-amendment-te bosoms Offsetive 'aRwary+ }r A.D. 1p63* Sec. 4. fors of government. (a) General description. The form of government of the City of Miami, Florida, provided for under this Charter charter shall be known as the "commission -manager — planr". and the eemmaasieR shad eeRB�i.s� e€ five- F5}-eitiaensr-who -are-gwali- €ied voters of the @ity+ and whe shall be elested at large in the mawnar-hereina€tor-provided. The commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances, adopt regulations, and appoint a chief administrative offic 3r to be known as the "city managerr",_and exercise all powers conferred upon the city except as hereinafter provided. �114 -6loet}eR of sommissioRt terms of e€€iest reeall. The eemmissieR shall -eons ist-e.€-€ive-E��-members who-shall-be-sleeted-€rem-the-eity< at large in grumps numbered l through-�.--ARe-�3�3-e�-said-e9mmis- sioners shall be the meper and shall-be-sleeted-by►-the-paeple-€tam the -VP *up -to -end-ail persons desiring to 41*41i€y+ as eandidste- €or-marer-shall-€ile-iR group-1.--€ae-mailer-ohall-have-the power -set-€arts-in•the-Charter-e€ the-City►-e€-N lam#-iR-Dads-Cownty`r Florida. --All -persons -desiring-te gaali€y+ for eammaasionsro shall €ile-in-grsdps-Rdsbered-ll-through C.-CemmiesieRere-in-groups-numbered -50- Incorporated in Sec. -7(a). Incorporated in Sec. 7(a). ll-and-tll-@hall-be-elected-at-the gone Val -elset4ene-to-be-he ld-in-the Year 405t and at sash geRersl. eloet4sn sash €our �44 years therea€tep. Cemm46946ners 4n gPOMP* -Rawbsrsd-lk-end-V-eheII-be sleeted -at -the -general -aloe t4ons-te be held iR the yeap 4.9€; and at sash-general-elsat4en-sash-€our-{4} years-thetas#ter.--lhe-w,ayer-shell be-sleeted-at-sees-general-e�set4eR awd-ohall-held-a€€iee-�Ar-a-terra-o€ two-F�}-years*--#he-Mayer-and-sal sommissiswera-�are�-te-held-a€€iee dwtil-their-euaeesaer@-are-eleetod and-guali€led-€rear twelve-a=eleak Room-e$-the-day-a€ter-the-BaRvaas e€-the -vote -end-the-deelerabieR-e€ the result of the sleet4eRv The mayeP -and-ell-ether-mBarbers-a€-the sommise4o" shall be eubjeet to Peeallv--uaeawe4eA-ahal�-be-€ }}od ae-prsv4ded-4n-AeetioR-��-R-e€-the 6hartep-e€-the-64ty-a€-Miaa+i: �€-a-eand4dete-€er-a€€4es-o€ mayor op somm4aeloner roesives a major4by of. votes in the pr4mary eleet4eR-in-has-greupT -he -shall-be oewsidepod-eleatad-upeR-and-e€tap the eanvaae e€ the vote and the deelapabien of the result of the @leStiAR-aa-here4na€tBr-pPev4ded. l€ there be we majePityr two F:} eand4dates for nomination to the e€€4eo-a€-mayeP-er-eema�isaiensr-was reee4ve the greetoot veto 4n the Primary e1e9144eR in eaea group shall be ploeed on the ballet at the-ne+rt-regular-a�dn�e�pa�r-B3aAt�An €allow4Rg-the-pp4mspy-so -provided 4n-see t4ew-8-a€-this-6harter.--gas eand4date-€er-wem4nat4en-reesiv4ng the greatest vote in the regular mu"" ipal e1ee44eR following the pr4mary elookieRT if etheewise qusli€4edr shell be sleeted to a€€lee-€rearthe-group-iw-wa4eh-he is-guali€4ed. Apr 4Ream6omb sommissiewer dGo4PiRg-te-PUR-€ap-tke-offiae-e€ meyeP-shell-present-aR-4rpeveeak►le PeaigRat4eR-a€-his-e €lee-a€-e4ty eemmisaieweP-te-the -e4ty-esmm4so4ew not loos than ninety �92} deys prier to the date 9€ e1ee44enT Whether pr4mapy OF geRAP41y and said resignation shall beeeme e€€estive OR the dots of the eleot4onr open reeeipt of said resignation the aemmission shell make publ4s onneuneement of the Fee igRation-and-4wstpueb-the-elerk be-see.pt-gual4€led-eand4datee-te pup- got tepm-e€-the-eemm4seisnee-pea4gwing €sr the puppese of runwing €er maysrw l€ any mayer ep semm4s- -51- Incorporated in Sec. 10(c). Incorporated in Sec. T(b). 0- far -SOMS e40e44ve 0€€4ee ether than the mayor or e44y *ammise4Anerr then under -gush -04reumst@"age-he-shall net•be-requ}red-ke-reg4gR-h4a-eity e€€tee-ua3eee-end-aRt4l-he-bag-been *looted to sash ether else44ve @€€#ee* 4R the ev@Rt that gush mayer-er-eemm4se4eaes-4e-@leaked-te Gush ether elost4ve @€€49e ether than-khat-s€-n+ayar-@r-semm4eg4eRerr he shell, immediately r084gR his o€€iea as mayor OF sommiesionerr and -open -hie-€allure-er-rs€anal-te do as he shall be diesherged and awaked €rem his offies and said e€€lee deelargd vaeaR4 by a majority vote of the r@mainiAq eeabere-@€-the-e4by-eemn�iaeieR. Ee�--4ua14€4eatieRs of semm4asieA+ semm4es4eRera and ether a€€4@Ara and -sop l,ey@se-Ret-te-be-4RkeP@aced in eaRkreeber start €renkar €Pee b4ekeber-passes-er-sgrvi9er-Membero 9€ khe gemmissioR shall, be Pe84- deRke A€ the 941ky and have the qua44€4eab4ene-a€-e4getere-therein . 6omm4ss4enePg and ether e€€leers and employees shall, Ret be iRberested 4n the Profits of emoluments of any eeRkPaekr isbr Work OF eerv4ee €sr the muRiei- pH44byr--l�Ry-eemm4ss4ener-who -shall, ssgas to passage any of the quali€4ea44ARs hsre4R required ghall-€Arthw4bh-€@�.►€sit-k4e-e€€leer &Rd-OR y-smeh-eeRkoaeb-4R-wh4eh-gRy member-is-or-gay-beeeme-4nberesked may be deel,ared veld by the semmise4sR. Ws-eemm4se4enar-er-ether -e€€leer-er employee-e€-said-e4ty-Ahal,l-aesept any frank? free tiekstr pass or serv4ee d4Peetl,y or 4nd4Pse40'r €Pen+-sRy-peraenr-€irm-eP-eePp@ra- t4sR-open-berme-mere-€avePHble-khan are granted to the pub-14e generally. Any vielabien of the previalone-a€-th4a-9aeb4sR-shHl,l-b@ a-m4edemeanePr--Bash-prshibibieR-s€ €Pes sarv4e0 shall Rat apply, to psi 4e am@R-A P-€4rameR-iR-klRi€erfll-eP wearing their a€€ie4el badgssr where same 4e provided by ardimansew l44--%Bmm48aion -te-be-4udge-o€-ite-eWR sleek ieRt-Rek-te-d4ekato-Hpp@inb- meRbs by, OF iRtar€are with e46y Man ager.--1,he-eemmission -shall,-be khe judge of the slsotieR and getel4€ieab4aR-s€-iba-awn-mamba.@. oubjeet to rev4sw by the e9uete. Walther-khe-esmsiseien-Rer-e�Ry-e€ eemm4bteae-ay,-mew,bere-shalt-diebete the appointment of any parson to -52- Incorporated is Sec. 9. Incorporated in Sec. 7(b). Incorporated in Sec. 9. Incorporated in Sec. 9. Incorporated in Sec. 10(d) and in Sec. 4(c). -4 11 13 offlee OP employment by the e#ty maRagee�-��►-iR-aRy-maRR@i�-#RtA$€e�A with the 84ty manages of ppeveR4 him €eem eeeee#s#RQ his swa Judgment #R the appointment of e€$#eePS and employees #R the adm#R#et�+at#ve-se�vieeT--E�teept-€e� the puppese of #RgNkPyT the eeatm#ss#eR and its m8mbees Shell deal with the administrative e.eeViee solely thredgh the e#ty meRagerT-end-Re#they-the-eemmieaiea Ree-aRy-membep-theree€-Shall-give erde�e-to-SRy-a€-th@-eeb@�d#Rates of the eity meRagePr ether publiely er privately* ARy @doh di@t9t48RT PPSVSR418RT 8rderS er ether-later€ereaee-en-the-past-e€-s member-e€'-the-eemmissien-w}th-the admiRietret#@R-e€-the-city-shall-be deemed 49 be ViBlatISR of the CharterT-and-open-eanVieti@n-be€ere the ei4y eedrt aRy mea+ber as esnvieted shell be subjeet to a €iRe Rat eaee8d4Rg €}ve handged dollars-4$�99.99�-er-#mp�elssRmeat €er-a-teem-@€-net-e�eeed#rig_e}sty 469� days er bethy and in the diseret}en of the esdrt shall €er€e#t-his-efflee. (b) 4e4 Election of officers by commission; rules of commission; quorum. The commission shall elect a city manager, a clerk, and a city attorney, a-jedge-a€-the-mdaie}pal eedrt-and-eivil-seevles-eemm}selaRT but no member of the commission shall be chosen as manager er-as-a member of the e4vil service eemm#asieR or to given any other city office or employment. The commission may determine its own rules of .procedure, may punish its own members for misconduct, and may compel the attendance of members. A majorif-y-of all the members of the commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (c) Appointment or interference with employees. Neither the commission nor any of- its members shall Tic t a t e the ap oin men . of any person toemployment by the city manager, or in any manner interfere With the city manager or reven£ im From exercising own u gmen -is in the appointment o emplo ees in the a min s rya i�ve service. xcept for the purpose oF inquir , the commission and its members shall --deal with e a minis ra ive service solelx through the -i y manager, an neither--Tne commission nor an member Ehereof ssall give orders, -53- Obsolete. Incorporated from former Sec. 4(d). Im 2 either publicly or privately, to any of the subordinates of the city manager* Any aucR dictation, reven on, or era ar o er interference on the parE of a member or e commission with e administration of the city shall e deemea Eo be a v o a ion of the arter. (d) �€3 Meetings of commissionT_ to Set by egd4ReRee or Fees 1WtieRT €eras a€T MaRRer e€ paeasg.e and pwbIisatieR of ovdiReResa* At twelve o'clock noon an 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 eemmissieR shall Incorporated in Sec. 4(g). set eRly by erd4RaRee or writteR reselwt4eRf-and-all-ord4Rapee8-and ressletieRBT a*eept erdiReRees mak4Rg apprepriatieRST shall be eeR€iped-te-epe-���-seb�eet-whieh shall-be-elearly-e�preased-iR-the titlev ohs erdiRaRess mak4Rg appeepriat4e.Re-shell-be-eeR€4Red-te the-aebjeet-a€-apprepriatieRo*--Ne erdiRspee-shall-be-passes-eRtil-it bee-been-read-sp-two-�g3-separate says-er-the-re�direa+eRt-e€-readings ep-two-���-separate-says-has-been eispeRsed with by a €edr-€i€the 44�15} Yete of the members of the eeffifflissionv erd4RaRees shall be read by title eRly. 6epies of: proposed srd4RaReea shall be €erRished-to-eseh-eemmissiepee-and shall be made available to all iRterested-perseRe*--The-ayee-and Rees shall be takeR apeR the passage of all sed4RaReas or resslutisRs and eRtered dpeR the �edrRel-af-the-preesed4Rgs-a€-the eemmmosieRT-eRd-every-erdiReRse-ar reseletiep-shall-regdire-eR-€iaal pass a@eT-the -a€€lpmative-+gets-s€-9 majority of all the membere. No mem6op-shall-be-a*eesed-€rest-vet4Rg eaeept eR matters iRvelviRq the eeR64deratieR-of-his-ewR-Offie481 eeRddetT or where his €lnsReial interests-are-invelved. (e) 414 Powers and duties of mayor. The mayor shall preside at meetings of the commission and perform such other duties, consistent with his office and this Charter, as may be imposed by the commission. He shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of being served with -54- serving civil process, and by the governor for military purposes. In time of public danger or emergency, he may, with the consent of the commissioners, take command of the police.L and maintain ooder.L and enforce the laws. During his absence or disability his duties shall be performed by another member appointed by the commission. (f) �h4 Salaries of commission. There shall be paid to the mayor and to each @smmiseiemore commissioner of �e City-s€-Miamir-�eP@ ar- y-the 4itry-a€-Miami as compensationr the sum of five thousand dollops {$5,O00.99} per year for @ash sommissionelr payable monthly in twelve-112} equal installments, and there shall be paid by-tl4s-City-@€ Miami to the mayor-eemmissieR@P-SR mayor the additional sum of wet-te 9#ee9d we tbedsawd €ive__4un4ped dejlere-�$2,50O.98} annually to be used by-tb@-mayel-semmissiener to cover any or all entertainment expenses of the office of m ayer- aemmiseieReP mayor, of the City of Miami, Florida. The -said thousand dollops k$5ragar68} POP �►sap- is -to in eeetieR-�-�tqe-�►reeediRg-palagrapa� hePee€r-beginning-Deeen�bel-tr-��43r to the three F;} eemmiseiemers sleeted in the regular mdRieipal eiaetieA to be held in Movemberr 1p4pt-and -bMe-said-eom�eRsatieR-e€ €iwe- thousand -dollars -ES;T90OW99} ie-to-be-laid-beginning-DeeembeP-lr :p44r €@r the other two F2} oemMiseienele-wee-will-ba-sleeted at-tine-aegaia!-mwRiei�al-elaetieR te-be-�teid-iA-Ptevemberr-�9t�*--lt is-wwderetoed-teat-the-add tienai 99111�eR9atieR-e€-two-taAdeawd-€ive sendled-dollars-4$�r�AB*C8�-te-be paid-t@ -tqe-gayer-eemmessienelr-ae pPevid@d in 88eti@R :� jkkO PPe- eeding-par agra�q�-her@e€r-@sail-be laid-beginning-DeesmbeP-}r-13i49*- ( ) Ordinan es and resolutions; voting. e commission shall act onlZ b ordinance or written reso u ion and all ordinances and reso u ions except or finances making a ro ria- ions Shall be- confined o one, subject , w is sh;ll be clearly expressed inthe i e. r inances making aeproaria ions shall e conrined to the subject oF appro- ria ions. No ordinance shall e oassed until it has been read on two separate days, but an emergency Or lnMUM ma be passed on one reading only bX a our- i s vo e -55- Obsolete. Incorporated from former Sec. 4(f). of the members of the commission. Mi' inances shall a read v i e ont . Lo ies or eraposea ordinances Shall a furnished to each commissioner add shall e ma e availab.le to all in eyes e arsons. The clerk shall recor the vote of each commissioner on all ordinances and resolutions. Passage o F ever or inanca or resolution Shall require t f7e a irma ive vote o a ma on 5T. a the M: :%ib era. No member Shall e excused from voting except on matters involving a consideration of his own ofFicial conduct or on matters in which is f inancia interests are involved. o ordinance shall o in o effec un i U days after its passage un ess i t is declared to be an emergency measure on the ground o urgent u is need for the preser- vation of peace,health, safety, or property, and unless it is a2proved by a vote of not less than rouF-- Fifths of t9e members o e commission. No measure granting or amending any public utility measure or amending or reRealing an measure adop ed a people at t-he o s or the commission in c - omeliance with an ini is ive petition Shall e regarded as an emergency_measure. Sec. 5. The initiative. (a) Power to iRskitwks ado t ordinances. The people elec' o shall have power nt their option prepese adopt ordinances, including ordinances granting franchises or privileges, and to adopt the same at the polls, such power being known as the initiativew". A petitionT meeting the requirements hereinafter provided and requesting the commission to pass an ordinances therein set forth or designateds shall be termed an "initiative petition" and shall be acted upon as hereinafter provided. (b) Preparation of initiative petition; affidavit of genuineness of signatures. Signatures of initia- tive petitions need not all be on one E43 paper, but must include the residence address of each signer. the The circulator of every such paper shall make an affidavit in Saab-assa-e�gA®bare-sppeRde�-be-�Te paper- is the -pop asA-who se-rune-ik-RWILPOP$s to ber whisk a€€iosvik shall be substantially in the following forms -56- Incorporated from former Sec. 6(b). r . f STATE OF .-'LORIDA D as. COUNTY OF DADE . . . . . . being duly sworn, deposes and says that he .(or she) is the circulator cif• the foregoing petition paper containing . . . . . signaturesv and that the said signatures appended thereto were made in his (or her) presence and are the signaatures`of the persons whose names they purport to be. (Signed)............ Subscribed and sworn to before me this ..... day of ......... 19... ......................... Notary Public W4tb-eseb-s4gReadee-eba4l-be-atated the plaes of eesidenee of the si�ReeT-��v}RQ-tMe-sa�ee�T-Rda+aee eye-etbef-aesee4pt4eR-swff4e4eRa-te identify the p1see. All sbeb papers pertaining to any one 444 measure shall be filed in the office of the city c er as one instrument and Shall ave writFen or printed thereon the names and addresses of at least five 45� registered voters who shall be officially regarded as filing the petition? and who shall constitute the a committee of the petitions oar the purposes hereinafter named. A��-edek-papees-eMa��-be-€��ed-�R Abe-s€€}ee-a€-aba-e�ay-e�e�k-ae-sae 4�3-�Raaeda�eRa� (c) Filing of petitions. Within twenty 420� days after the filing of the a petition, the clerk shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether this said number is at least toR 4103 percent of the total number of the registered voters as shown by the city registration booksT. and be The clerk shall attach to`said petition }s a certificate showing the result of `said examination.-I€T by the eleek-e seem€ieataT of whieb and give notice thereof in writinshallbe-giveR to one �4� or more of the peeeeRs-desigRatedT members of the committee of the pe i ion. rf the- number o sigma-tures supporting the petition is Shown to be insufficient, the petition it, may be amended once within eR-4104 days from the date of said certificate by the filing of sapplemoRkapy pokitai R papers w'th additional signatures. The clerk shall, with 4eR 4103 days after such amendments, make -57- 0 examination of the amended peti- tion?. sa+d-3€-1+6s-esab€3eais-al�a6� show -"iks-sane-be-be- *Aso f€4e4entT the- *Iopk-ehalI-941e-t%s-pe44t4ea in-hAs-a€€4ee-and-sha4I-net 4fy-seek member of bhe aommibbee of that €set. The. final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. (d) Submission of petition to commis- sion. ;€ the Upon ascertainin that a petition a a - •- ed wd-te 'fie s supported by a sufficient number of si atatu_res, the .clerk shali so cerrt and he shall submit the proposed measures a EFe commission at its next meeting. Upon receiving the proposed measure. the commission shall at once proceed to consider it and shall take final action thereon within th4sty 004 days from the date 4t the petition is €41ed-with them cerfifie8 by -he clerk. (a) Election on initiated measures. If the commission shall fails to pass the proposed measure, or shall if it passes it in a form differenE mom thaE set forth in the peti- tion, then the measure shall be submitted in its original form by the commissiontothe vo e of the electors at the next election occurring not lase fewer than 45 th4sty-4�8} days from�Te date aT the final action by the commission!. and-4€ If no election is to be hela within six 46} months from such date, then the commission shall call a special election to be held not less fewer than 45 tk3s4y 4;6} days nor mare than ZU €erty- €aye 4454 days from su-cT date. When-ewbm4tted-tka-n�easdse-ska46-be 4n-ate-es4gana6-€esm. (f) Initiative ballots. The ballots used when voting upon any such proposed measure shall state the substance thereofT in clear, concise language,withou ar umen' or pre u icat an -psepeae cane shall provide one for a vote "for the measure and or "again a•the measure.". ImmeT= 4ately at the sight of seek psepsa4t4en-these-eha44-bs-a-egdasa 4n-wk}ek-by-aask�ng-e-areas-F�}-tka vote#-say-vebe- €es -es-against-the proposed-mo asdsa. If a majority of the electors voting -`on anysuch measure measure vote in favor thersorp i shall ereu on become an ordinance of the city. When a measure proposed by initiative petition is passed by the commission, but not -58- To conform to Code requirements. See Sections 16-8 and 16-9 of Code. in its original forms end-o-te-be submitted to a vote o€ the else- torsT the measure as passed by the commission shall not take effect until after sash the voter of the electo��r,and if "TWO measure so su�ubmitt is be approved by a majority 57 electors voting thereon, it shall thereupon become -an ordinance of the cityL and the measure as passed by the commission shall be deemed repealed. Tr€ a Mai or4ty-e€-OR any, oaeb Measure Shall vote in € ever -the ree€T-it-oha4l-thapeapon bosoms-aw-erd�weRee-a€-$ae-e3r$y. ;ae €ellew4"I title shall be sabotaRt4tally the form of the ballet+ ;46-8F-M6A6UR6-W;;W-C6W6RA6 6;A;6M6W;-8F-SU86;AWC6 ;WGR%Q9 T!T!lTTT!!!TTlT lTTlTTlT7!!T FAR-�N6-M6A6�R6 !!TlTTT!!TT!!!!!!!!!T!!!!T! ACA&N6;-;W-M6A6NRC TTlTT!!!!!!7lTT!!!T!TlTTTT7 (g) Number of measures to be initiated. Any number of proposed measures may be voted upon at the same election in accordance with the provisions of this Charter charter. Sec. 6. The referendum. (a) Power of referendum. The Reop-Is electors shall have power at their onion to approve or reject at the polls any measure passed by the commission or submitted by the commission to a vote of the electors, such power being known as the "referendums". *hi9k Hewer ahall-6e-invek@O-and-eeere49ed-as Mere}w-PrevjdsdT Measures submitted to the commission by initiative petition and passed by the commis- sion without changer or passed in an amended form shall be subject to the referendum in the same manner as other measures. �b;--{r lll$$a$ieRa-eR-@R�@P@epleRt-e€ Incorporated in See. 4(g,). •rdineweeew Me moasars shall go into-09fset -at+t -$arty-E�83-days aster ifte passage dwless it be des�arsd-iR-@sea-erdapaRee-to-be-aw amorgone y-me*sure -ew-tiae-ground-e€ melon$-prb�to-weed-€er-tbo-froser- ve$yew-s�-pesesT-psa�kb�-a@€@tyT-sr prspor$y and the mo*ears be-iAg passed -by -a-vote-of-not -ions-$saw €ear-€3€$ao-Fad;3-e€-the-x�sMber@-e€ -59- 1is6 . the esomi siren. But me Moosup@ gpantieng op amending any publ4o utti<ity measure sr smendieng er repesti<ng any measure adopted bit the -people -at -the -polls -or -by -the ooMM4664en in sompleanse with an initiative petition shake be regarded-as-sn-emergency-measurew (b) �e4 Referendum petition. If within bk►4pky-E303 days after the final passage of any measure by the commission a petition signed by registered voters of the etby ire the-nuMber-e€-at-ireaab-€�€truer-E 15� percent of the total number of registered voters as shown by the city registration books, be is filed with the city clerk reques- ting that any such measure or any seek4en art thereof be repealed or be aubmed to a vote of the electoral it that measure orea�rt shall not, except in the case off' an emergency measure, become operative until the steps indicated herein have been taken. (_ E44 Signatures to petition. ;Me 841natupes thereto Signatures of referendum petitions need not a e on one paper, but the circulator of every such paper shall make an affidavit that each signature appended thereto is the genuine signature of the person whose name it purports to.be. With each signature shall be stated the place of residence of the signer!_ giving bk►e stpeet and number er other deseriptr4en suff-404ent to _ identify the ptase+ All such papers shall be filed in the office of the city clerk as one (r4} instrument. A referendum petition. need not contain the text of the measure _o_r__ �art desiegnated-tk<erein and of Which repeal is sought but shall briefly describe the ordinance or part thereof sought to be repealed. (d) (9e CortiFication of petition. Within twenty-s 20} days after the filing of the petition the clerk shall ascertain waetl�er-er-not-tbs petition is signed by rogtstered voters-e€-toe-eirty-t©-the-rumbas-9€ by examination the number of registered voters whose signatures are appended there o And whether said number is at leasta eon 054 percent or -the total number of registered voters as shown y e city reg s ra ion booksT and he. The clerk shall attach to such pets IE O' �""flis certificate showing the result of such examinationv and give notice thereof in writing=o -60- the circulator or circulators of the _pe ition. If the number o s-ignatures supportMg 19 By s eeer a-eer a aea ethe petition is shown to be insufficient, 44 the etition may be amended once wit'R7n ea days from the daT-e of said certificate by the filing of eeppI@menkar�►-pat}�#sn-papers-wtka additional signatures. The clerk shall.L within ksn-F10� days after such amendmentL make like examina- tion of the amended petition. and eerk�€y-tMe-resd�k-kMeree€. (a) F€3 Referendum election on petitions. the Upon, ascer- ainin that .a petition be gouAd sa ae4en T is su orted by a sufficient number of sign ures, the commission shall proceed o reconsider at its next meeting such measure or Such see aeA €4eree€ part as the petition shall specify. " upon oweh reconsideration such measure? or such part is kkeree€T be not repealed or amended as demanded in the petition, the commission shall provide far embbmj444n9 submit the same,, 'by the method herein provided, to a vote of the electors at the next municipal election occurring not less fewer than 45 kh4p ky-�;64 days after'die=rose pe=bl►-kl�a-eoa�n�}aeion of kba elerkle eerk4f4eakeT and edea-measereT-sr-sesM-perk-kaeree€T shall-therampan -be -sdspawded-€rem going into offset until said *Is abig A-and-eba11-kaea-bo-deemed repealed VAless approved by a ma3ertt�r-a€-tbeoe-vettA�-tMereen. said next meeting of the commis- sion. IF no election is to be e within six months From such date, he commission shall call a s ecia election n be held not fewer than 45 days nor more than 60 days from e date or sai nex mee in . r e semmasa}aw by, a ewr- if -she f ar;3-rote-mad►-setbm�k-sdea-meaedre sr-park-kberee€-wtkl�-k#ke-a€€esk-ke kips-e�eekere-ek-a-apee�a?s—e�aetaen ke-be-ea�ied-by-said-eemm}se}en-net lose kkan bh4rky �;Q3 days after 4 h 9 leeeipk Of said elerklo eer44€4e6ke. (f) Referendum elections or submissions by the commission. Measures submitted to referendum by the commission may a suSmitted to the electors at a enera or special e ec ion as the commission may deem appropriate. -61- See Code Sections 16-8 and 16-9. 1,9861 Egg--�tt3e-e€'-b9�3eb4--EAR-pPepeeed measwPe shall be awbm}tted by ba��eb-b�t�e.--�hePe-eha��-eppesP upon -the-a€€tets1-beIIet-a-ballet t tt3e-a€-eRy-adeh-pPepeoed-a+eaeePe and wh4eh shall be Es4 eleaeT sane#se-etetemeRtT-w#thew!-aPgwmeRb OP pPeJwdteoy deseP4ptive of the awb8taRe8 of saeh MSSSWPe. The ballet-b4tle-shall-be-ppapaPed-by the-esmm�tte@-e€-the-pet�t�eRePa-}€ €eP-aR-bR}44atIva -oP-a-PofePeRdwffi mesowee of by a semm}btee Of the eemm4seloR when submitted by the eemmisaleRv (g) 4h4 Form of ballot. The ballots used when voting upon such proposed measure shall state the substance of the measure in clear, concise ianguege, without argument or prejudice, and shall specs y w ether the measure is being submitEed for approve or for repeal. If the measure is eing submitted for approval, the ballot sRall provide only or a vote 988`19Re e the sameT aR bedew *'e the-twe-f22-SPop®ettjeRsT "for the measure" and or "against the measure!". If the measure is bein submitted for repeal, the ballot shall provide only for a vote or repeal" or against repeal", (h) F44 Emergency measures. Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall not be suspended from going into effect while referendum proceedings are pending.€T-w1aeR-swbmtted-te a veto of the eleetepsT an emeP- geney-measwPe-be-Ret-sppPeved-by-e ma�eP}ty-@€-these-vettRg-tiaePe9RT }t-ebs��-be-eene�dePed-Pepea�edT-as Pe�aPde-day-€aPtheP-aetieR-thePe- dRdeP-eRd-all-P4ghts-and-pP#v}legee eoR€ePPed-by-�t-eha��-bo-Rd��-eRd ve}d;-pPev�dedT-hew@Veer-tktet-adekt An emer ency measure so subse- q_u_e_n�repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance with the measure previous to the Pe€eveRdwm veto thePeoR repeal. (i) 4j4 Conflict of referred measures. If two 423 or more measures adopted or approved at the same election conflict 4R with respect to any of their provis ohs, they all non- conflictin5 provisions shall g`o into effect iR-Peapee -o€-abet-o€ their pPev*64eRB as 8Pe Rat In e6R€li8t aAd the one 444 The -62- provisions of the measure receiving the highest affirmative vote shall prevail 4Raefap-as-thaip over the conflicting provisions osier measures. eenfl4et. ( j) Adoption or repeal. If a majority of the electors voting on an referendum vote to adopt or re es any measure or part thereo 9 such measure o_rear shall ereupon be deemed or repea e , as,the case may e6- . —" See.-7.--Eleetions R9t be be held OR bel#d.ayv Ale-geRe�a�-@g-eyee�@�-e�@e�3eR-@€ Abe-g}�y-@€-M�em#-ebe��-b@-held-eR _Sec. 7. Composition of commission; resigna- tion. (a) Seats and terms. The commission shal I consist of five citizens who are quplified voters of the city an who have residereside7l in the City o Miami for six months next prece in e election at which ey seek election. Commissioners shall e elect6d from the city at la-rge in roues numbered _ throughne said commissioners shall Fe- e mayor anshall e elected by the eo� le at each general a ec ion, or a term of two years rom the coup - to� be numbered 1. Commissioners in groups num ereaTl and III shall e elected a e general elections o be held in the year IY55" and at each genera election each our years there- after. Commissioners In gr ups numbered and V shall e elected at the general elections o be held in the year and a t eac general electioneach four years thereafter. The ma or an Commissioners are Fo hold office until heir successors are elected and qua i iefrom 12 o-'clack noon or the dax bfter the ec ara ion o Me- `result of - -the election. (b) Resignations required. An incumbent commissioner desiring to run for the office -or ma or shall present an irrevocable resigna on or the of f ice of ci'ocommissioner o the city commissian not fewer than adays_ prior o tRe lastray foor-7 ualifyin ' or e office sou Saidresigna ion shall become of a-ctive on the dateof-M-e election. Upon receipt of said n rest a ion, the commission s a mace public announcement oF 177e rest ne ion and Thstruct Ehe clerIZ o accept qua d ie candid -it —es —To run for a ec ion or the -unexpired _term of Ehe commies over resigning Incorporated in Sec. 8. Incorporated frm former Sec. 4 (a) and (b) . Incorporated fram former Sec. 8. Incorporated fran former Sec. 4(b). 7b conform with S99.012, Fla. Stats. -63- 13 for the purpose of runnin2 for ma or. Any commissioner who ceases _t�o_p o sess an o the Sualifica- o s re u red -`tor of i� c shaiI T—OFENTE-h forfpit a ,office. Bee:-8 --Regular and primary elect#ens of eemefse4enere A regular municipal eleetien for the-eleetien-ef-eamm4ss#e"ers-shall be-held-en-the-aeee"d-Tuesday-after the first Monday in November in odd-"u�+bered-years---A-ne"Vartisa" prfmary-el eet#o"-for-the-"esn#natfen of candidates for the eemrt#ss#en shall- be- held- an- the- f#rat-Tuesday after-the-first-Me"day-in-Neve>�ber to odd -numbered years" Any Verse" who-shall-possess-the-qualif#eatiens requisite to a" eleeter at the general state election and shall have resided in the etty of Miami for 94N {6} menthe "ext preeed#ng the-e#ty-elect#en-at-Mhteh-he-ef£era to vote= and shall have been registered- by-the-eity-reg#staat#en beeks-that-have-bee"-preser#bed-by erd4fta"ceT shell be a gnalified elector of the e#tyT and all elect#ens-held-#"-said-e#ty-shall-be ee"daeted-and- the preV424one-ef-the-general-eleet#en law'-of-the-State-of-PleridaT-exeept as Otherwise prey#ded €er in the charter of the e4ty of MiSMiT and exeept that the etty commission shall- be- ssubst#toted-for-a-beard-ef sou"ty-ee>.n�nissieners---the-name-ef any elector of the city shell be pr#"ted-open-the-pr#many-ballet-as-a candidate for neM3"atien to the office-ef-eem�+fssie"er-ups"-paying te- the- e4ty-ef-Mta�n#-the-suM-Of-one hundred dollars {8189z99} to be deposited -with- the- eity-clerk-as-a qualifying fee net less than feety-five {45} days prier to the date-ef-such-primary-eleetienT-a"d said elector shall submit caneer- re"tly-therewith-d-sworn-statement of his er her nameT addressT eeeupatie"T and w#lltngnesss to server-if-eleeted: -64- Incorporated in Sec. 10(a). Residency requirement for electors deleted to conform to case law and to §98.091 Fla.Stats.; residency requirement for commissioners incorporated in Sec. 7(a). All -eweh-geaI4fyang-faea-shell-be depsabked-w*��-I�he-said-a}ley-elerk AS baker khan 64,08 p.mv on kae #corky-fifka day prier be khe obee44ORV !c. s. Diatir%cti_on __ between general and Sescial municipal a ec on;—' All__elections held for the election or, commissioners shall be known as general_municipal elections. other elections a under the Tovisions of this charter shall e known as special municipal elec- tions. No general or s ecia election oF the City Ot Miami s a be held on a legil holiday_. Seer-p.--Form-a€-balleteT-wMak-eomdidatea-6R prbMary-•leekbem-€er-eemMboe}smero pbaead an bablett whom me primary hold. All balleke weed in any primary eleek}eR or general eleek4on held wRder awthaP4by of Chia 6harker Shall bs without parley Mark er d@83�R8t�eR-and-Wbkaewt-HR"y-3nei�R�H OF mark of spy aeaeeiation OF, ergaRbsak#eR-thereeRT-and-swell-lee substaRklally i6R kae some €arm as the eleetiOR balbek w@ed bR all gem@cal-stoke-eleetbems. bhe eandidakee for nomination be the-e€€bee-a€-eemmiss}ewer-wee-Swell reeebve the greakeak veto in the pr}nr8ry-eleetaeR-shell-be-pbaead-eR the ballet ale the Reset regular mwRbebpal-alaetleR-bR-Rdmber-Role-lee s�reeed-dabble-the-Rwmber-a€-eemmla- ebeAere-ks-be-Sleeted?-best-waste-met more khan a}re �6} sandldakeo have been-Remineted-and-lee�Hlby-gwalb€led €er the offlee a€ eemmies4oRer as segebred-wRder-this-6harterT-and-Re primary eleekbeR la heldr as provided hereinr all the said eandbdakee shall be placed OR the ballet-ale-tee-Helot-regwlar-mwRbe#pal eleetiamw Sec. 4. Certain prohibitions. Commissioners and other officers and employees snail not be intereate e profits- or emoluments OF an contract, o work, or service FoIr e munici a i Y.Any such con rac in which any member is or may ecome interested may be declared void y e commissioner. No commissioner or other oFricer or employee oF said cit-Y-8-h—ali accept any Frank,_ree It is a ass, or service directly or in irec �r"t from an` arson, Firm or corporation upon terms ore -65- Incorporated from former Sec. 11. Incorporated from former Sec. 7. Incorporated in Sec. 10(b). Obsolete; contradictory of former Sec. 4(b). Incorporated from former Sec. 4(c). M E2 favorable than are aranted to the ublic generally. Any violation of the provisions of this section shall be a—m'i`sdemeanor: Such Tohibition of free service Shall not apply Fo p,ollce-"officers or rire ToSters in uniform or wearing th-F �r of t icia badges, w ere same is provided by orainence. Seer -le. --whet eemmASSIeRees deeleeed eleetedt-hew-tie-vebe-deeded* At-any-eeoulae-municipal-eleet4op held-eRdap-the-Peevis4ORe-a€-bh}e GhaeteeT the eand4debes €ee the e€€gee-a€-eeiHFR�96�eReP7-#R-Rww+bee e9wel be the RWmbee of eemm4s- slaReea be be eleebedr whe shall have-eeeeived-the-geeeteet-Rwmbee Of vebes eaetT shall be deeleped e le e t ed v - -A -toe-betweeR-bwe-EZ4-ep map s-eand4dates-€ee- the- s€€4es-e€ eemm4ss4aRep shall be dee4ded by let-wRdep-the-dipeebieR-of-the-eiby jwdge,r Sec. 10. Election of commissioners. (a) Regular and primary elections of commissioners. A regular municipal election or the election o commissioners shall be held on the second Tuesday after the irs on ay in November in o -num ere ears. nonpartisan primary e ection for the nomination of candidates for the commission shall e held on the first Tuesday after e first Mond -a —yin November in o -num ere ears. Any Rerson who possesses the qualifications requisite to an elector at the general state election, and who re is e to votea`s may be prescribed by -ordinance shall 'iBe a qualified elector of the city. elections a in Ehe city shal=e Zonducted and heldaccording to the provisions of Eh9 qeneral election laws of the 5tate of-F' oricfa, except as otherwise provided or in is charter except at thF commission shall a substitutea for a board of county commissioners. e name -of any elector of the ci y sTaii be printed upon Tne primary a1i0t as a candidate for nomina- tion to the office of mayor or commissioner upon paying o e ci t y t o sum o o e e osi a wi a city -clerk as a qua ifyin ee 'not less h—en r37 a s prior o e date o e primer election--; said elector shall Submit concurren y �heerewi' h Obsolete; contradictory of former Sec. 4(b). Incorporated in Sec. 10(c), at end. Incorporated from former Sec. 8. a sworn statement of his or her name a Tess Mupationr 2roupin whiCh the elector wishes -to run and willingness to serve i ;leCted. All Such qualitZingees shall e deposited with the sai city clerk no a er than .m. on the or y- i h aay prior to the election. (b) Form of ballots. All ballots used Incorporated from former in any primarXor general a ec ion Sec. 9. shall be withoutparty_mar or designs ion, ithout any insignia or mark or an4 association or organization, and Shall e substan- tially- in the same form as e e ection Gallot used in all s a e general elections. (c) Vote required. If a candidate for Incorporated from former office of mayor or commissioner Sec. 4(b). receives a majority of votes in tFe- primary election in his or her group, he or she shail be considered elected upon the declaration of the result of the election as hereinafter provided. If here is no majoritZo the wo candidates for nomination to the office of ma or or commissioner who receive the greatest votes in e primarX election in each group shall be place a on the ballot a TFe-next regular munici a e ec ion followingthe primary election. e - candidate for nominat-ion receiv"ing the greater vote in each,such rou in the re u ar -municipalelection following ta RrimarZ a ec ion, i Mar qualiried, small e electec Fice from such group. se between two or more cani- Incorporated from former dates for any o F f ice shall e Sec. 10. decidedby la under the 3irection or the city clerk. (d) Commission to be jud2e of election Incorporated from former and oualification. eFi� commission Sec. 4(d). shall e the judge of Me election and ua i ica ion of its own members, subject o review "by`the cour s. between ge"Oral and epeelal-au�#elpal-slseblen. All-eleeb3eAe-bead-€er-sae-eleeb�en •€-eex�aaes�enera-at�all-be-l�naww-ae geAera�-+a+�nle�pal-elee�}eAe*--Ali et'Mer eleet,*ewe held ender eke grev�a�eaa-o€-bpfe-61�arber-ebel�-b•e known as epee}al mwmieipal elaebiOROw -67- Incorporated in Sec. 8. suer-��.--sae-e►sea��r ka}--Feree�dure €er €itting Peea1.1 Obsolete; superseded by a€€idavikr Any member of: the Fla. 5tats. 1100.361. eeMMieaieR may be reealled and reMsved-thePe€rem-by-the-e�eetors e€-khe-sity-a€-MiaMiT-F�eridaT-aa herein-previdedr Any kwenky-five F:t} qualified @looksto-e€-the-eiky-Mey-make-end €i1.e with khe eity, elerk an a€idevik eentaining the name er names of the e9MM4984ener eP esmM49e4®Rers whose removal is seughk and a statemenk 8€ She greunde-€er-remeva�r ' �b4--PLae IimiAary-Rekit ism ing:--upon-the €}1.4Rg of said a€€idevit by kweR6y-five f 255 qualified else - tape T-the-eIsrk-shall-immediakely designate a teR-day period whieh *hall begin to Pup Rek less khan ken -F49}-days-eP-Mere-thaa-€i€keen days €gem khe date of the €41041 9€ Said 8€94dav4kT during whieh-ken-day-period-et-east-two �� }-person t-e€-the-teta�-RumbeP-e€ Pegiekered-vetere-a€-the-eiky-eha�� pek444eR that khey, favor the heeding-a€-s-reea��-e�setieRr The elerk aksilr khePempeRT Make available-€er-sueh-peki6ieRing-iR hie-a€€iee-er-iR-edeh-ether-el�€iee er-pIGOO -as -he -Oka II-daaigRate-in khe-Dade-6euRky-6eurtheuae-voting nook inee-er-Pape P-balieter-Pegis- kPakiaR-beeka-and-ether-equipment and personnel Reseseary, to Garry euk-9e}d-petitiaR3Rgr she-ba��et-€eP-the-petikiem-shall eeRtaiR-khe-€a��ewiRg-a6atemenka-+�� €aver-khe-he�d�Rg-a€-en-e�ee6iaR-ke dot gem ine-whekheP-any-6i6y-�emmie- eiener should be reealled and eemevedr Be€ere-ewy-e�aeter-eha��-east-hie baIIs4-go P-khe-petitieRT-he-shall be-quad€iad-}R-the-Same-manner-as to new provided fee in regular eleekiener At khe end of the designated keR-day poeiedT the elerk shal-I within twenty-€emr ;24} homes aorki€y-the-tataI-numb aP-a€-vekee registered eR oaid maehinea at paper-bat&eker 4e3--Final-Re kikism ingr--;9-said-6eka1 . nmmber-a€-e�eokars-iR-the-pre�im- inary-peki44an-ia-two -{ 2i-pereeRk or more Of the total registered vekere-a€-the-Gity-a€-MiamiT.-khen khe e}ty, 01erky w41khoa6 €urthor -68- a S Sae.-�1*--bhe-roee��,► Fa}--Rrseeddrs €er €i1ipg resell Obsolete; superseded by a€pidsvit+ Any Member 9€ the Fla. State. 1100.361. SOMMiasieR May be re8a1-1ed and reMsved-there€rem-by-the-e�eeters 9€�-the-City-o€-Niam4T-Flsrida.-as 4e993R-previdedt Any twenty-five E25} qualified eleetoto -e€- the-eity-May -Mahe-and €419 with the a}by " elerk an affidavit eentaiRiRg the Remo or names of the e9MMissionep or eeMM4esiaR9rs whose removal is sedghb and a sbabomeRb OF the gPaklRde-€er-rellleva�r ' E64--Rre1iM4Aary-Re4444epiRlj*--dpeR-bhe 64li!Rg of Said affidavit by tweRty-give, �25} qual4€46d else - tape T-bhe-eIsrk-shall- immediately doo4j"abe a ben -day ported whieh shad begtR to FUR net lose than tOR-F49}-days-er-Mere-then-€}€beep E454 days from bhe date of the €il4Rg of said a€€idav4tr duriRg whieh-beR-day -pop ied-at-keaet-two POP eept-e-bhe-teta�-Rumber-e€ reg�oterod -voters-e€-the-city-eha�� petit}en that they favor the heeding-a€-a-resa��-e�eetieR. ;he eloPk ehallr thereupenr Mahe avail abIS- €er -Gush-petitieRing-in hie -a€ fie e-er-in-Gush -ether-e €iee or -PI see -as -he -sha11-doaigRate-in the-Qade-�euRty-6eertheuse-vetiRg Mae htRe9-er-Pape r-bs1Istey-regia- trakioR-beers-and-ether-equipMept and personnel Reeeaoary to earry aat-eeid-petitiep3Rg. bhe-ba��et-€er-the-petit}on-sha.11 eeptaiR-the-€a��ewiRg-otatemeRtt-u� €aver -the -he id iRg-a€-aR-e�eetieR-te determine-whether-spy-6�ty-6eMMio- sieper ohau�d be reealled and reMevedT SeSere- any, -eloetee-shall -east-his, ba��et-€er-the-petit�enT-he-ehe�� be-quad€gad-in-the-same-ManRer-as is, pew prev4ded fee in regular elsetiene. At the end of the designated ten-day periled the *lark shall w}trhiR twenty-€oup �244 hetlre eartiCy-the-tatal-Rwmhh or -ex -votes registered on said Maehinee or paper -ballets: Fe}--FiAaI-pet itianingf.-0eid-tetal. . Ramber-a€-e�eatere-}R-the-pre�eiM- inary-pettt4:on-is-two-F2}-pereewt or more 9€ the total registered voters-e€-the-6ity-a€-M�aMiT-than the city elerky witheat €wrther -68- aYtheloikyT-shall-€ePkhwikh-dea#�- make -a-day -Ask -leao+khan -keR-Fl8} Ater Sere k h a A €oifbeen j;;} dare from the date of amok sertif4se- boienr-on -whoieh-day-kha-eleeberate shall determine by way, Of final Pak ikieR-99-hope iAA€beP-prevoidedr who ther-a-leeell-eleatieR-ois-ks-be h@ld-€el-eRy-one-F}}-eP-mere-@€-tyke eoiby-eeSmoiasoienere. 9A bhe desa9Aaked dayr the e40o sPeeinete shall be open -eel and Meting-mH@hiR9eT +legietlabateR-beeka And-ether-9�mipmeRk-and-pePaenRel shall be made available and mood $eP+the-dekolSiRakieR-&€-whether-B regal l-eleeboi9M -of -any-ena-F�}-e! mere 9€ the eiky eommissioner" shall -be -held. ;he .vetoing mash3Ae ballet shell stabs -sepaPakely-ASP -9aeh-eemmis- soieA@P sought to be removed tyke €BlleMiRg-etatemeRk� l favor the holding 9€ an eleetoien-te-determine-whether Cemmoisoieae!-*-.-.-l-.-FoiRsert proper name4. r . should be reealled and removed from a€€lee iRsertoing-the-peeper-esmmoiseienelse name-iR-the-blank. Fd}--Galloing-s€-resell-eleetoieae.-A€ke! amok -date tmiwetoi&R-by+the-eleeker- ater-tha-eiky-alert-ehal�+eePtoi€y ka-the-eity-eammieaoienr-at-its-nelft regular er apeeoial meet4Rgr whoiehever is €3rskr the total 9€ the eleetels appearing OR said vetring-maehinee. l€ €ifteeR 4444 pereeat of the registered voters of the Gity of MiAm}-have-determined-that-a-Peeell eleetiea-aheYld-be-held-€er-aay-ewe Fl}-er-mere-e€-the-e9mmoiseoieaePar then the siby 9emmissioRr at khe meet bR9-whereoin-omeh-ea�toi€oieakoien by the *leek ire Peeooivedr shall &all an eleetien be be held net l.es-khan-thoirty-Fla}-day<&-Rep-maps than+€arty-€ive-{��}-days-€rem+SRd after the date of tha reeeipk of said eaP#boieske €rem the 9oity aleek .-Previdedr-how 9verr-thak-oi€ any-ether-mYR3sipal-eloetieR-i&-ke eeeYr-within-sa�ety-FbB}-keys-€rem reeaoipt-a€-smote-eertoi€beakoien-€rem the-eity-elerkT -the-esmmiseoien-mayr in- its -dise PetoieAr-prevkde+€eP-the h&ldiRg�-e€-the-removal-elset�eR-eA the date of awe% ether mwnieipal slaekoieR: -69- o bsiiet eS eueh rameva� e�eetieR shell bsT $or eaeh eammiseieaer whose removal is seughtT as €allews* Fineert-proper-Rame}-*-.-.-be raea�ried� inserting-the-proper-oemmio- sieaer:a-Rame-iR-the-biSRI* ;he-baiiet-shall-also-9o"taiR-She Ramos of She eandidatee to ba e�eeted-iR-She-p�aee-o€-aRr-eRe-lr�} er-mere-e€-She-eammi993ARare-sought te-be-reea��ed.--��-there-ia-Rare than eRe whesa Fame vaI-is -sow IhtT- the -aand idekes seek iRg-oleetieR-shall-PwR-at-laPge and-Ret-in-pleee-e€- any -pap tiewlap semmisaiener whose removal is sewght. ;he eemmiasisAer OF sommiaeieRere where rameval is being-sought-ease-ReS-bs-fisted-as eandidates-eR-earlyballet. �€}--Rua�i€ring-a€-esnelidatee.--the-Rome of any qual.i€led sleeker of She eity-ehall -be-printed-as-A-GAWAl- 9Alb F914 6GMMlSS49N69 at such raeall-eleetisRT-upon-said-eleatar paring-te-Sae-Gitr-o€-Miami-She-owm of eRe hundred dollars E;I.9G.A6} said sum o€ one hundred dollars �$�9A.8G}-te-be-depeeited-with-the eity-elert�-a€-the-6itr-e€+Miami-ReS later -than -€}€teen -Eli} -days -prier to the date a€ said removal elaeitien-es-€sued-by-said-eemmis- aion .--Gweapt-ae-te-Sae-payment-e€ air-quali€ring-€ea-and-time-within waiea-Dash-aR-eleeter-may-gdai3€r as a eandidete For the removal @4eetieRT -he -shall-also-quasi€r-as ia-ethePwiee-provided-iR-oeetien-S •€ the Gharter, of. the Sitr 9€ Miami. fig} --Removal @€ eommissiener and elaetieR-e�-aewdidates.--ern-ease-e Mai Sri by-e€-these-eleetere-veting iR-the-raeaii-eleetieR-e€-any-awe E}} eemmisaiener saaii veto in €aver Of reealling suoh aemmis- • sienerT-held-eemmieaianer-saaii-be thereby-removed-€rem-e€€lee. lR the event of the removal €rem e€€ies-@€-only-eRe-�l}-eemmie@�eRer iR-sw@a-aR-@ieetieRT-the-aeRiidate who -Pogoives-the-aigaeat-number-e� vethe-sha}}-be-thereby-sleeted-te the-a€€sae-a€-eitr-eemmisaiener-€er the-wRelfpiPed-term-•€-the-removed sommissienel. -70- in-the-avant-e€-the-Pemeva}-A€-rears than ono F4� aemmiasienerT the send idAke -who-Peeeiveo-bhe-hilk set Rumber, of votes eha}} Its thareby e40e4e0 to the o€€iee e€ eiky eommiesiener €er khe }engest enewy3red-term-a€-the-egmmieoianers removed. The eand}date who tees}vas-the-Rent-highest-Ramber-e€ Vekes -shall-be- bhoreby-e}seked-be the-a€€iee-a€-eiky-oeeim�eeienar-der bha-Reef-IaRgeat-ttneRpirvd-term-a€ bhe-aemmissienere-removed.-CeRdi- dabee-&hall-there a�ber-be-slashed 4e-the-rem84n4ng-WRewp4Ped-4erms-8A asmmias49AOra -removed T-so -bhat-the eandidabe who reee#Ves the Raab highest veto shall be sleeted to the-Ranh-}eRgeeb-WAe*R4red-term-e€ any of the removed eemmieaisners UPbil-all-VaeaReies-eadeed-by -sdeh Pemoval- sleetieR- have-been-bhereby filled. Fh3--iiesignatien-a€-eemmiesiener-sedghk be be Posa}ledv if: aRy esmmis- sieRer-eP-eemmisaiORera-seughk-to be-remeved-she}}T-a€her-the-€}ling a€ the affidavit seeking his Pemeval-ae-b�rein-set-€elthT-Pea}gR €rem-hie-a€€ieeT-the-vaeaney-en-the elty semmissien ereeksd by sweh resignation shell be filled by a removal-a}setien-ea-pPeV}dad-herein in the same manner as if said eemmieeiener-er-e9mmiseienere-sad not resigned and he had been removed 9pem, office by the e}se- tePST ether Prev}elena of this 6haPkeP to khe sentraPy Rebwith- sbanding. {i�--Rreeederre-eR-Pe€wee}-a€-eemmieaieRT Shek!}d the 9emm469ieR €ail OF refuse be order an slestion as herein Provided within the time PORWiPedr edeh @lestlen may be ordered by any state eeePb of general-j"Plediebie"W See.-12-A:--Reserved. See.--l�,--Reserved. Sec_ . 1_1.. Seeo 1;-A. Filling vacancies in commission. A vacancy on the commission caused by death, resignation, or other causes shall be filled within -ben 4:�0� days after aweh vaesney assure by a majority of the 8emaiR#Rg-e9mmi9e3reR@!9-and-theby a majority of the remainin commissioners within a s a er suchvacanc occurs. a term o o ice or the person as appointed shall be until hie a successors in Office are is elected and quali- -71- i ra 19 fled at either the earlier of: (1) the add-yeap FIFSE general election for commissioners held pursuant to sset, ion 4 of the Charter-a€-kbe-6ky-a€-Mlaa: this charter, or (2) the even -year Ik.a1,9 a Flee4da first state general election. a 4 w is aleekioR Ratiepa}T Skate and eaklRky-a€€�aea-ape-€���eAT wh4ebever assure €*pet. In the event that the remaining commis- sioners shall fail or refuse to Fill such vacancy within ken-F10} days after it occurs, as-ppev4dsd her a4RT-kbaAT-and-�R-thak-eveRkT the city commission shall immedi- ately call a special election'to Be held at a date not less than 45 th4pky �39} or more than €ept,7 five F454 60 days after the expiration of —The said ken- 10 day period, for the purpose of �aviin�ng� the electors 8else k4RQ SWOT esmM4884GRep elk sommiaeiaRerar fill the vacancy. Persons other- wise oualified for office sha have 10 daZa From e r a11 of the election Within Which o File the statement and pa7e ree required of candidates in regular municipal elections. a person who receives the greatest number of votes in said special election shall ie be deemed to be elected a'�-eiaa��- e- a-e� y-eea�m�sa�ener and-boa for a term of office shall tie uRki Ming �wwh��e�nn his or her successor'— *a --fie is elected and qualified at the €$pet next general election for-eemm4es4eRere held pursuant to ssek4eR-4-9€-the 6baptrer of the 64ky of Maam-i s.dbse�aeRt►-tie-kbe-epee}a�-e�eet}eR bold to fill gush vaeaRey* this charter. If there is Should-kbepe-fie more an one-eueb vacancy on the commission, tpheRT and iR kbak events there shall be only one election, and the pepseR ep persons receiving the highest greatest�number of votes iR-edeb e a� str*9R shall be t h 9 e}ty eamm*aa4oAor or semm*aaieRerev elected to fill the vacancies, for arms ending at the next genera elect;lect ion. LlecElons held su se-' quent to the filling or vacancies s h a 11 1 if necessary, be for shortened terms, in or er o preserve the sequence of staggered terms prov t a ed or. to is cnarter. —72— See Code Sections 16-8 and 16-9. tR the event the eamm}ee48RSPS shall fail to eemply with the}r dut#ea -ae-set-€girth-hereiRT -theRT and lR that 8YORtT the eeurt le horeby-empowered-and-outher32ed-te en€egee -eempl4anea-with-th3e-aet er-te-Ball - OR- else 44an-lteel€-te fill -awe h-vae9Rey-or -Yee one lea-eR the-SaMM1e84eR. lost is" whom teams of four or mere eeMm#as#eRers expire s#multaAeeusly. When the topma Of €edr 44� or mope eeMmlesleRere expire a4mw1kaneeuely at SAS general eleetleRT then the number of eeMM4as4eRere ragw1red to Sangtitbte- e-eeMmiseloR-a€-€lve 44�_membera-shall-be-eleeted-€er the-tepme-of-afflee-preserlbed-§y see t1eR-4-e€-the-Ghertar-e€-the Glty-a€-M}aral. Sec. 12. See.-34. Commission may investigate official transaction, acts, and conduct. The commission, or any committee thereof? duly authorized by the commission so to do, may investi- gate 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 investiga- tions may secure information upon any matter. In conducting such investigations the commission, ur 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 chairmen of such committee, as the case may be, and which may be served and execuhed by any pellee- manw police officer. Sec. 13. See.-4Sw City Manager --Appointment; "-` qualifications; term; salary; sickness or absence; removal.; powers and duties; examinations. — (a) Appointment; qualifications; term; salary; absence. ine commission lihall Within - thtpiy-4304 days after taking office appoint a city manager who shall be the adminis- trative head of the municipal government and who shall be responsible for =he efficient administration of the city. of -all departmeRta-and-may- e- e-head-e€ eueh-department-as-kke-ealmmissioR may by erdiReRes provide. He or -73- Obsolete; see note to former Sec. 12(a). A she shall be chosen by a vote of he majority of the members of rthe commission on the ail's Gr-;;4,8 executive and administrative qualifications. He or she may or may not be a resident--o-r-Ehe G i t y of Mums city or of the State of Florida. moo. member of the city commission shall be appointed city manager. We The city manager_ shall hold office at"the will of the commission. We and shall receive such salary as may be fixed by the commission. In case of the sickness or absence of the city managers the eiky commission may appoint another qualified persons not a member of the 94y 9emm3s- sionr to act for the city manager, gyp}R�_biB-e3elEReae-eP-a�seRee-and �e�lA-�ePBAR-99-8��A3fl�red-IkayT-�MPiRE3 �k1e-9�aeRe9-er-s}e{�Rese-a€-kbe-e3�y maRagerr set fee him awd per€erns all-hie-dwk4os and all such acts of the person so appointed sill be as valid as though performed by the city manager. The person appointed by the e4Sy commission to act as city manager during the absence or sickness of the city manager shall not be entitled to or paid any additional compensation for his services as saeb acting city manager. (b) Fa} Removal of city manager. The commission shall sgp@4Rbr !ry a major 044y manager for an indefinite kePmy and may remove the cit manager himr by a majority vote o its members. At least kk4tby-00 days before such removal shall become effective, the commission shall, by a majority vote of its members, adopt a preliminary resolution stating the reasons for his removal. The city manager may - reply in writing and may request a public hearing, which shall be held not earlier than twenby-�ZO} days nor later than bhirky 004 days after the filing of such request. After such public hearing, if one be requested, and after full consideration the commission, by a majority vote of its members, may adopt a final resolution of removal. (c) See.-ib*-Lame-- Powers and duties. e eowers and duties of the ci manager s a e: (1 ) ;a; To to see that the laws and ordinances are enforced.; -7a- A (2) Fb} e to appoint and remove, e x c pt as herein provided, all directors of the departments and all subordi- nate officers and employees in the departments in both the classified and unclassified service; all appointments are to be upon merit and fitness alone,ri and in the classified service.L all appointments and removals are to be subject to the civil service provisions of this Caarber* charter; (3) Fe4 T-e to exercise control over all— departments and divisions created herein or that may be hereafter created herein or that may be here- after created by the commis- s ion; (4) "4--;e to attend all meetings of the commission w4kh bbe r3gat Ire babe park and ap rtici ate in the discussion.L -but sv4fgq-we not to vote._ (5) Fe} to -recommend to the commission for adoption such measures as he may deem necessary or expedient.; (_) Ef4--;e to keep the commission fully 'a7v ised as to the financial condition and needs of the city; and (_ �93--;e to perform such other duties as may be prescribed by this Gheabee charter or be required of him by ordinance or resolution of the commis- sion. (d) See. };V Same --Examination of affairs of departments, officers, or employees. The city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. Any person or persons appointed by the city manager to examine the affairs of any department or the conduct of any officer or. employee shall have the same right to require the attendance of witnesses and production of books Ond papers and other evidence as is conferred upon the commission by this Gkorker charter. -75- Sec. , 8eev-18a Departments estab}#shed of the city. The fe#-iew#ng adios#n#strat-ire departments -are -hereby -established by-th#s-@barter- f}{--eepnrtment-of-}aN: f3f --Hepnrtnient-ef-peab##e-sere#ee: f3{--Bepartrnent-af-ptib##e-we}fare- {�}}--Beparti�►ent-ef-ptib-i#e-anf sty ; {5 f--eepartxient-ef-f-inanee: a) Established. This charter estab- is es a deparEment SE lgw aRZI a department of f inance. The commission may, ordinance adopts by majority vote o its -mein ers create new departments, iscont nue an 'department so created, and determinep comrDine, or istri ute the funRionn and duties of such departments or subdivisions thereof. (b) Power to appoint boards or commis- sions of cit ens. T e`commiss on may, at the request o_ the city manager, appoint boards or commis- sions, to be compose of sucl number of citizens as t e commis- sion may deem expo lent, to act in an aMisory capacity in con unction with_any one or more of the epartments created or aut orize hereby. The members of all suc oar s and commissions shall serve without compensation and may e removed at any time - a majority vote ot the commission. See:-19:--Reservedz Obsolete. Obsolete. Obsolete. Incorporated from former Sec. 19-A. Incorporated from former Sec. 88. Seev-i9-ids--great#en of new departments= Incorporated in Sec. 14(a). d-iseent#nnanee-ef-departmentev The-eemmtss-ien-inayT-by-end-innnee adepted-by-vote-of-at-}east-three f3} members of the eomm4ss-ienT create new departments er d-iseent-inne any department and determ-ineT-eemb-ineT-and-d#str#- bete-the-fund-ions-and-dut-ies-of departments and subd-iv-is-ions thereof= See:-19-8v--huther#ty- to- ere ate- and- d#seen- Superfluous. t#nue departments by ordinance - not ilulted by ether eharter prey#s#soon The force and effect of any ord-inance passed and adopted parsaant-to-th-is-act-sha}-i-not-be 44m-ited7 sabjeet to-r or can- -76- s krelled byT any liM4bsb4sAeT de€4Aik4eAs* er delegak4ene e€ . pewerT awk%91'44yT duties sr €MROb4sas 4" etger seekisAe 9€ kqe-6garker-s€-itge-6fky-a€-Mta�t�* Sec. 15. 5ee*-20. Directors of departments. The city manager shall appoint a director for each department and, in his or her discretion, may consolida a Ewo E9� departments under one director. Each eveh director shall serve eRt��-removed 11y at the will of the city manager; er un 3 is sweeesser has been app9iMked and qualifiedy shall conduct the affairs of his the department in accordance with rules and regulations made by the city manager!- shall be responsible for the conduct of the officers and employees of his the department, for the performance of its business, and for the custody and preservation of the books, records, papers and property under its contro�T; and, subject to the supervision and control of the city manager in all matters, shall manage the department. None of the provisions of this sectionr howeverr shall be applicable to the department of law er to the departmant-e€-water-and-eewere•. Sec. 16. Zee.-24+ Department of law. The city attorney shall be the director of the department of law and- an -8 44 OP the praet}ee iA the Skate 9€ F-19P44a. He or she shall be the legal advisor off' a d attorney and counsel for the cityr and for all officers and departments thereof in matters relating to their official duties. He or she shall prosecute and defend aiT'-suits for and in behalf of the city!_ and shall, prepare all legislation, contracts, bonds and ins ruments in writing in which the city is concerned; and shall endorse on each his or her approval of the form and correct- ness thereof.; and supervise control and be responsible For a o7=e legal work or tne Mt._ Obsolete. Incorporated in last paragraph of this section. The city attorney shall be the preoseuting attorney of bhe mdnaepa�-eedsk.-We-eqe�� have such number of assistants as the commission by erdinanes resolution Unnecessary, since may authorize. We-egall-p� sseem budgetary matters are e�-eaese-brsdggt-be€sre-eweq-eeart approved by ordinance. -77- 98 awd-pererM-bhe-sable-dub3esr-se-€ar Obsolete. ae -bher-are -app�eab�e-bherebeT-as are requited Of the pre9eeeb4Rg abberne�-s€-bhe-eetlRb�r. When required be de as br bhe reeAbubben-e€-bhe-seMMbsebeRY-bhe e4ky abberney shall preeeeube er defend €or and in behalf of bhe o oky all eompla#Rbsr suits and monk rev Ora }ee-#n-wh eh-bhe-eiky+-be a parbrr and seeh ether sd#bsr Mabbers and eent:revare}ea as he ehe��r-br-rese�ubian-er-erd3Raneer be-dbreebed-be-praeeeebe-er-de€end: The commission, the city manager, the director of any department, or any officer or board not included within a departments 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 member in good standing of The Flori Bar. He or she shall e a u - ime governmental emp oyee; shall not engage in the private practice of law; and upon his election by the city commission shall serve uRbb}-bhe-b}Ms-€er-b�e-e�eebben-@€ bhe e}by effie4ala apee4€4ed -in seeb�eA -4Fe}-a€-bhe-6harber-whaeh €e��ews-bhe-ne�rb-geRsra�-MdR�s�pa� ejeebbeRT for a term of two years, endins on the a of each regular munici a election in November o each odd -numbered year. See*-��T--Depertt�ewb-s€-pub�ie-servbes� Su64ee4 be bhe supervision and eenbre�-a€-bhs-eaby�-Manager-bR-alb Mabberey bhe d}reeber Of ptlb.1be servies shall Manage and have sharge Of bhe eaRsbrtleb ens impreveMenbr repa}r-r Mainbenanse and operation of ebreeber side - Walker alleysr lewe@r bridgeer v�aduelis-end-ether-ptlb�be-hbghwa�►s; of. seweres drainer d}behess eulverker eaAalar streams and wabereoursesr of ' all ptlblie buildiRge-and -beulaverdsr-equare• and -abhor-pub �3e-p.�aees-and-grsand be�eRgbng-be-bhe-a#b�-el-ded�eabed be ptlblie deer eweepb parks and playgrauRde.--ke-ohall-mawage-and have-eharge-end-eeRbra�-e€-Market houses-and-p�esesr-sewage-dbspesa� planks-and-s��-pubs}e-eb�i�bbes-s€ bhe-eab�►.--Ke-aha��-have-eharge-e€ bhe ms4nkenaneer eperat ioRT imprevingr Gonetr"OkiRg and rape-irbng Ee€g publie kaAdinger publbe wha.lvesr warehouses and deeker aneherage basins and herbeass-@haRRe�s-end-wet:ereey!@ear -78- Incorporated from first paragraph of this section. Obsolete; functions were transferred to other departments pursuant to authority granted in Sec. 14(a). We shall have shapgo of the .snl�ereemsRt-e€»all-the-eb}:�gat3ens of prlvatsly 'owned OP operated publ3o-wbllltlea-ea€oreesbla-by-the arty. Ne-*hell-have-ehePge-a€-the-mek}Rg and pPeseevak4on of all ewpveysr mapsr-plansy-drawinge-end-est�matee for publ4e workt the eleaningy apPlnkl#Rg-and-l#gat#Rg-a€-atreeto and-pUbl3e-plaeeet-the-aelleetleR and-dlapesal-a€-wagtey-garbage-and o€€elt the preservation of een- traeter-pep9Psr-pleaey-tealsy-and appllanees belonging to the 93ty and -pop 4aln}Rg-te-the -department. Ne-shall-have-ehaPge-e€-all-pabl}e buildingst the supervision and inepee t49n-9f-the-eenetrwetieR-and eoft d#t4aR-e€-all-build}Rgay-publie of-pP4vatev Sse.-��-A*--CepsstwsAt-e -water-and-sawerst water-ani-sewer-beard. E64--Great4ent sups rv#slew.--lhePe ie hereby -ereated-and -established-aa am ageney and instrumentality of the-Clty-o€-Mlamly-a-new-department to be named and known as the uDepartmeRt-a€-water-and-Sowers-e€ the City of Nlamin Ohere#na€ter samet}mes=called-the-udepartmeRt-e€ riat9P-and-99waPaa-9P-the-udepart- mentu3y-and-by-that-name-lt-may-sue and be goody plead and be impleadedr eoRtPaet and be esR- tPaeted-with-and-have-aR-o€€lelal sea}:--she-depaatmentT-whlete-small operate and €WFWeki9R Under the superv}sery sentrel of the beard 0r9atad- and - established- in-subsee- t3en-Fb�-betas€;-steal}-eenelst-e€-e ease€-esseutive-e€€hoop-te-be-known ae-the-nD3peeter-s€=the-*apartment 9€-WateP-and-SewePOI=-�kSPSiFlQfteP aemetames-galled -the -ud}peetep-o€ the-depaPtment�-or-the-udlreeteru� and sueh ether o€€tears and emplsyeee-es-steal}-be-neees*hey-te ewere3ee-the-pewepe-and-per€arm-the duties and €URetiona a the department. fb3--Beard eleatedt goal}€aeatlens of memberst appointment and bendt ealar3est-removal.--there-}s-hereby elected -and -established-a-based-te be known as the awater and Sewer Beard of the City of Mlamlu �hels�Ra€ter-semetlmee-eallsd-the =water and *swap beard" or the ubeardu3r whleh shall *ensist of €eve-member*.--Bash-member-e£-the beard-shall-eithop- reeids-sr-have has-pranelpal-pleas-a€-busiRe**-lR the-eaty-and-shall-be-aR-lndlvldual 9€ eatotandi"I Peputatlsn For -79- Obsolete; transferred to Metropolitan Dade County pursuant to Resolution No. 73-225, adopted March 22, 1973. 4 4Abegrib.yT responsibility and bw�4ness-abilityT-bwt-ns-person-whs 4e an a€€4eeP or empleyes e€ bae e4by-4A-aRy-miser-eapes4by-shall-be a-MrMbsr-e€-bae-beard* The -baardt-whaea-shall-so rva-from lae-w€€eeb4va-data-setae€T-saa�4-be eempesod-a€-the-�ellew4ng-members+ Alv4R G,.-r-wllser who shall serve wR441 Jame 39r 194;r Fred W. BertanT-wee-eaall-serve-dRt4l-awns ;9r �948T W. 64aRley Deddr was shall serve wRtil awRe ;9r 1.949T Charles-A.-�aemaeT-wee-saa44-serve wnbil awRe ;9r 1-9SAT and aeaR S. PreetewT-wee-saa44-serge-wntil-awns 38T-1991T er-MRtil-their-Peep ask ive-sweese.- sers-saa44-save-been-dwly-appeiRted and-gwa44€4ad. At leant ben days pr4ere be the date-a€-e�epiretieR-e€-bae-Gera-e€ any -member-e€-bae-b•eaPdT-er-with4R ton -day s-aft, er-bae-deaWr-res4gRa- tieR-eP-removal-a€-any-aweh-momberT his sweeeaser saa44 be Flamed and appe4Rtsd-by-tao-remaining-members •€-bae-beard-end-awes-appointment saa�l-be-valid-and-beeeme-a€€eebive wRless within ben days after, aorvie 9-e€-Bathes-e€-sash-eppoiRt- Mont wpeR the e4by elork the eemmise4en-e€-the-miry-shall-adept► by the a€€brma44ve votes e€ met lose than €awr of its members a Peselrwt4en-e"prgas ing-disappreval s€-sweh-eppeiRtmswt.-lR-tee-event that-aAy-ewes-eppeiRtment-shell-be ee-diaeppreved-by-tee-eemmiesiaRT bae appointment shall €eP16aw410a bsesme-nwll-end-veadT-and-bherswpen tee-remaining-members-o€-tee-beard shall make a now appe4RtmeRtr OF appeintmeRtar-mama-a€-wh4eh-shell l4kewise-be-swb�eeb-be-d4eapprsval by the sommission in the same MORRer as hePeiAbe$ePe provided: Gees-member-e€-the-beard-shall-be eligible €er reappe4Rtmentr The sweesseer in *ash ease shall be appeiRted -end-shall-held-a€€lee-€er a-teem-a€-€4ve-yeara-€rem-tee-date Of empiratism as the term 9€ his predaeseserT-oweopb-teat-aRy-person appeiRted-te- fill -a-vaeaney-shall 9ePve-only-€er-tee-wRel�lpired-term: CpeR the o€€eetive date of hie eppe�RtmentT-ar-ae-aeaR-taoeaa€ter as -peas kisablOj-eaoh-member-e€-the beard-shell-ante:-wpeR-ale-dwtioeT bwt-be€ere-de4Rg-ee-shall-take-tee eats preseribed by sest4en 94. of ta.-City-saaPter-and-sea}}-a+eeedte a bond in bae penal ews of ten e them sand -del Iare -4097999}-paysbIs te-toe-department-and -@endtttened open the €atth€dl, per€ermanse e€ the dunes a€ ate 0€€3eeT wh4oh bond shall be approved by the eemm4as3en Of the e#ty and €41e4 with the ebtr elerkr the east 0; the-premtem-eR-eRj�-eueh-bend-te-be treated as part 9€ the seat e€ eperet4"1-the -dspartMeRtT she-members-a€-toe-beard-sae��-eaeh be pabd a Geier), Of stw 14URdred de�bara-F;bAB}=per-eRRamr-er-oueh �aPger-oam-ae-the-eemmbes3en-e€-the ettr may establish by erd4Raneer peyab�e-tr+-manta}r-�Reta��meRta� Any Member of the board may be removed by the eemm}esteR of the e3tr €er goad eaues and a€tee peeper-Searing-br-toe-e9mmtoa3eRr hart-t€-se-PemevedT-mar-epp�r-t@-toe e4Pea4t seam of the eleventh jad4e441 etPea}t 4n and for Aade GeaRtrr RtePtdar far a review of the-aetbeR-a€-toe-eemm}es�epT {04--Rewere and dat3e9 of beardT--;ae beard-eaa�b-Save-toe-pewersr-dattes and reepensib}ltties eaatemer4lr vested-tR-toe-beard-a€-dbreeters-9€ a pravate earperattepr and shalt e�eere�ee-supePl►39err-eeRtreb-ever the eperataen e€ toe waterworks eretem-e€-toe-eitr-and-the:-son4bury, sewer-system-e€-toe-ettyT-eRd-a�� seta-e€-toe-department-and-e€-toe dtreeter, with respeot to amok eyeteme shall be sabjeet to the appPeval-a€-toe-beardT--the-beard ekell-sleet-ewe-a€-lts-members-te serve as sheirman •€ toe beardT shall make apprepPlate Pelee and page lab 46AS-€er-3ta-eww-gevePRmeRt eRd preeed€arer and ®hall, held a Pegalar meeting at 198et ones a manta-and-eaeh-spselal-meet}Rge-es �t-mar-deem-neeesearrr-eRd-all-edea mee44Rga Shall be Open to the pmblleT Ed3--Rewere-and-duties-a€-depertmeptT-- Rrem-and-a€ter-toe-a€€eet�ve-date Sores€r toe department shall sperater manage and eentrel the waterworks-Sretem-e€-toe-elty-awd the sanitary sewer System as toe elty-and -el-prepertee-pertalRRg te-eaeh-a€-eald-syeteme-new-awned or hereafter Segalred or een- atraeted by the ettr OF 6y the departmentr and ®hall saeeoed be and-ewere�ae-all-pewees-vested-tp and Guessed to and perform all €anetaens-and-dot#es-3mpeeed-span toe -department-e€-water-eRd-eewere of the eltr by and under toe paev}e�ene-e€-toe-traSt-�ndentare -81- I! deeer}bed-im-the-preamble -hereof . All powsreT funetiens and dudes Pelat3Ag to Gush Waterworks and ' sanitary-sewer-Gysbems-and-peeper- t3ea-and-vested-iR-the-eity-er-iA any-e€-its-departmento-er-e€€}sere? iAoluding but net lim}bed be the energies of the power e€ eminent dem84RT-GPO-40Peby-trSAO6erre4-te the departmeRtT and all beoksT rsaerde-end-papers-new-striating-er hereafter-sego}red-iR-the-eperatieR and maiateRanee of said systems relatiAg thereto $hall be the property-a€-flRd-I3Ader-the-�uriadig- tien-end-eeAtrel-e€-the-depertm@Rtt pPeV#dedT heweverT that nothing aORta4Aad-in-this-seetisR-shall-be doomed to vest iR the department the sower to establish and €}w rates-end-ehargee-€e!-water-eerMiee €urRiah@d-by-the-waterw@rkB-system e€ bhe sity or €eP seFv4ee furnished by the sanitary sewer eyot@m-e€-tee-eityT-@r-tee-power-te issue revenue bonds ender the pre�►isien8-e€-said-trust-iRd@RtuP@. ;he department shall. have €ull power and authority to aequireT ewAT-user-hire?-leas$?-apgrete-and dispose Of real prepePty and personal prepePty and of any interest thePeiRT ineluding the pawer-be-segui!@-by-eminent-demaiR preesediAge-lends-ar-aRy-Interest thOPSiRT and ragh98-e€-Way and ga8opleRte-upon?-4RT-flleRg-Or-floP@fl8 aRy-publie-street?-lead-eP-highway Of any muRiaipal e@PpsP644ORT eeuRtyr-diotrlet-er-ether-pelitieal subdiViaisR Of the stage of FlaPidsr-Without-its-@eAseAtT-€er the purpose of eametrueb3RgT maintaining OP Operating Water m8iRGr sewer lines? wGkePw6rk8r — water-eRd-s@wflge-treatmr�wt-pleRta and-railPead-bPSake- te-any-of-the plants-sr-preperby-e€-the-deport- - meRt when the e8A8k*uq tiORT maintemenee or operation a€ sueh water meimsr sows* liAGgr water- werkeT-water- and -sews@@-tleatmem& plants-and-lallread-traeka-she}}-be Reeesoary &R the judgment of the Water and Hewer bealdt and to aegtlirOr OomatruetT produeer meRm9*GUaP9r utiliaOr sell er Otherwise dispose Of any and all prsduets and faeilitiear and by-prsduets of sweh preddets and €aeilltiesT-used-er-use€ul•iR-the - predu@flan-er-treatment-e€-water-er in kohe treatment OP disposal of 8swags r -to -make-and-enter-into- all son tPasts-"easeeary-eP-iRsidental ts•the-swgreiea-a€-lte-powers-eRel the-per€ermines-a€-its-duties-flAd $wRo4is"s with reopeet to the Opela�i�BAT-mBRagOment-eRd-e9Atirsi -82- ` • M @€-Oaid-syotemT-end-te-pPe�ulgate eRd-eRteree-epprepriate-raise-and regalatiena-geverRing-the-di@tlibu- tien and ea}e Of water and the ut}}iaatien-e€-the-servie•@-a€-th@ sanitary-sewer-eyatem-a€-th@-aity* bhe-depaPtmeRb-@he}}-operate-ea3d system@-independently-@€-sash-ether @xBApt-�R-s@-�aP-B@-the-beard-may deem-�eiRt-eperatieR-theree€-te-be ` advieeble-and-@@enamieAlT-in-whieh event expenses iReuPred in @ueh @iRt-epAPatiAR-9h8ll-be-prePeted be�rW@eR-ea3d-9yste1lfs-iR-s1i@h-mflRR@P aa-tee-direeter-with-the-apprevel e€-tee-beard-may-preeePibe. Ee4--9iFee taP of department.--lhe d}rester-she}}-be-appeiRted-by-eRd shall held offsee at the will of tee-beard.--Me-shall-be-a-per@eR-a€ geed mePal shareeteP and have an ek@elleat-reputatieR-€eP-iRtegPityT P@speReabilaty and business abilityT-but-Re-member-e€-ties-beard shall -be -eligible- €er-appeantmeRt as direeter* the direeter shall ra�eive-Oueh-salePyT-payable-te-ham iR-equal-sum}meRthly-anetallmenta es-@hall-be-€#Red-by-the-beardT-hub Oueh-salary-shall-wet-be-lase-than six thousand dollars per annum. Before entering upon his dutiesy the direetee shall babe bhe Oath and exeeute the bend prescribed hersinbe€ere-€eP-eaeh-member-a€-the beard.--bhe-diPeAteP-shell-set-ea the -eh ie€-e�reeutive-e€€fear-e€-the depertmentT-shall-devote-his-@Rtire tine-and-attenbieR-te-the-duties-e€ hie effiee and shell net engage setively-in-any-ether-busineea-oP pre€essien. 5ubjeet to the direetiem and approval a€ the beardr the dire@ter shall have genera} supervieieR aver and be reapsRsablo-€or-the-eperatien-end maintenanse of the waterworks system-e€-the-city-and-the-sanitary sewer-syotem-e€-the-eibyT-and-ohs}} exoreioe-bhe-pew@rO-rastod-iR-and Perform the €uRebiens and duties imposed upon the direeter of the department-e€-water-and-sewers-iR and -by-said- brdst- indenture* --€he direeter-shall-etdand-all-meetingo e€-the-beaPdT-shall-€uPRi@h-te-the beard -am d-two -the-eemmassieR-•€-the eery-a-monthly-report-with-reopoot te-tee-eperat�eRT-meanteRaRea-and €aRaneial-9eRd�'tieR-e€-eaeh-8€-ea3d aystemaT and shall €Pam time to time have, prepared and shall €urRish such repePter audits and ether-iR€APmflt�eR-relating-te-said systems-aa-may-bo-Pe,uired-by-rho beard. lR the event that the direetor shall for any reason be tAmpereri}y-ineapabxe-a€-suereas,�Rg -83- the powers and of Performing the duties-end-€unebiene-a€-hig-a€�iaeT the beard may appoint an asking 430ee4e0 to ewsreise Gush powers and-te-per form -gush -€unetieng-and dermas-tlRti�-eueh-iReapaeity-e€-the direeter-ehe�l,-bo-bePmiRated� fr€3--GmpIaymaAt-a€-9asietante*--sub Joe t te- the -approval,-o€-bhe-beard?-the diraeter shall ompley gush addi- b48nal exeeutive and eperating aagiebaReeT-iRel,tldiRg^eRgiRe9PiRg eRd-etheP-eupePte-end-pre€egeianal, aeeieteneeT-ag-ehe�l,-be-Reeseoary to provide for the offieienb sperabieR 9€ the depaPbmontt ;Aeluded in the personnel, to be ampleyedr there shall be the €al,l,swiRg-guberdinabe-A€€iesrea F��--A-breaatlrsrT-who-aha�:l,-peP€arm the €unetiene and dubiog etlstemaril,y-peP€ePmed-by-the treasuver of a private serperatieR-and-she��-e�toreiae all powers vested in and per€ePm all €WRebiens and duties imposed tlpAR the direeteP Of €iRaRse of the airy in and by said bPuot indenburer and whaPover Po$oreRee ie !Made iR said bPtlat indenture to the direeteP of €ineneeT Gush re€esenes-shal,l,-be-deemed-te appiy-be-the-tPeHetlPer•--bhe treeatlreP-ehaii-be-PeHpAReibiH €eP-eel,-€tlnds-e€-the-depart- meRtT for all •eesunts and a@AAtlRtiRg-re@APda-Pel,abiRg-tA the department and its eperatiART and for the preparatieR-a€-al,-eheel�s-end vemehave requisite to the eperatieR-e€-the-deparbmeRb. �?r�--ii-seeretaryT-who-she�l,-peP€arm the €aRetiens and duties austemaril,y-per€armed-by-the sseretary a€ a private eerperatieR-eRd-ehaii-s�rereiss all powers vested in and pee€arm 441 €tlnetigms and dtltisA-impeaed-upeR-the-sale€ ages uptan t-e€-the-airy-iR-and by-said-Croat-indsRtureT-eRd wharsver-re€esenes-es-made-tR said brtlat indenture to the ehie€ sagewRtantT gush. se€stones-.hal,l,-be-deemed-te appiy-ts-the-eeeretary.--bhe seeretary shall have'eharge and suatedy of bhe a€€isiai seal, and of all. beeker rseerdaT-deeumeRbs-eRd-papsre e€-tee-depestmeRb-ethos-then Chess required to be in the emoted y-e€-the-treaatlrer.--die -84- -: o il 6 shall attend in Pere@" all maetlmgA-a€-the-beards-shell keep�a-aerreet-reseed-e€-all tha-pros sedanga-a€-the-beardT and-shall-per€ePm-stleh-ether debase-as-may-be-assagRed-te ham as searetaPy by the beard* F3}--�-general-eetlRselr-who-shall be-a-pPaetasang-AttePRey-et- law-G€-stlateble-erepePaemee-aad shall errerease all pewera vested an and perform all €tlRetaeRe-and-dtltaee-ampeaed UPSA-the-aaty-abtorney-e€-the Baby bA end by said tPtlat andOR4uPOr and whePevsP Pe€ereRse as Made an said trust andentUre to the eat), etterna),T-Oush-Pe€@sense-shall be deemed to Apply to the gsnePAl-eetlneel.--Fie-shall-let as general esuAael fee the department-and-€er-the-beard In all matters Of law whash may-aPaseT-end-shall-preaestlte er-de€end-All-OURS-brought-by er against the e3ty or the department-9P-the-beard-whaeh Polska to the waterworks system-e€-the-e�by-OP-ta-the samatePy-Aewer-system-@€-the alty. Er,}--Badgetsr-€ands-and-eaeotlntsT--all bwdgeber €URda and seesuRts pePtalRaRg-ts-the-waterwePks-system of the eat), and to the aaRitaPy sewer-system-e€-the-easy-shall-be segregated-€rem-all-ether-btldgeteT €tlRda-and-aeeetlnte-e€-the -satyr-and Shall be se Dept that they Shall re€lest-the-€an�Reaal-eandataen-and the Operation Of the waterworks system e€ the eat), and Of the saw}tar),-sewer-system-e€-the-elty - sepaPatelyV Fh}--�wpemees.--all-e�tpsnses-lnetlrred-try the-dspartmeRt-and-b),-the-beePd-an ereereasaRg their, pewees and performing their €umatasns and duties shall be paid solely €ram the revenues of the waterworks System of the Girt), er from the revenuse of the sanitary sewer system-a€-the-sat),-ar-€Pam-both-e€ sash-satlrees�-and-ne-laabalat),-eP Obligation met payable from the rev ORUS&-•€-either-eP-bath-a€-said systems shall at any tame be ineureed in esnneataen with the sperataen-theree€, F}}--Far€aemawee of duties and preteetaoR of Paghts Under trust lRdenture.--all eights of the hold eta -s€-the-6aty-G€-14iam3r-water -85- UL b revenue bends issued and to be issued -undo#-said-bPuet-indenbare see- €idly►-probeeted-hereby 7-and-all ebiigetieRe-eP-dmtiee-a€-tks-sity► er-e€-any<-a€-the-a€€ieePe-er—agents theroof �ewaept duties aP eb�igatiARB-@€-b11A-9911t111i88iaRT-�ba mayor and the eity► siePk4T whieh are -PeguiPod -is-be-pep €e#med-and9P the prev4849ne a€ said trust. i'Rd@RbWP@r shall be peP€e#med by tha-dapaP4maRt-9P-the-b9aPd-eP-by► the proper a€€ieor ar O€€iser@. Chores;. �J�--R@weP@ and righbO additional and supplemeRtalr--All powers and righte eanferred by this @eek4eR @hair-be-�n-!+duiti@R-8Rd-empp�@meR- t8�-te-theBA-@eR€Awed-bye-eny<-ethAP genera-Ar-Sp@@ia�—�8w--and-ehe��-bo 14bovallr-eeRetrued -te-sffeebuate the purposes here@€t and the depAPtmont-8Rd -the-beard-eh8��-hBVa powers in addition to eR@#eisiRg the-powers-espy@@sly►—a@R€ePPed-iR and. by this @setieAT to de a}l- things-ReBe88ar>`-sr-@@RVeRi@Rt-fro Barry—omb-the-pmrpesee -hale@€. See.-��T--DepartweRt-s#-pubis—web#ors. Obsolete; functions were transferred to other aka head of the department @C6 departments pursuant to pub&ie wel#are shall be (known as authority granted in - the-direetar—a€-pub ie-wed€are. Sec. 14(a). Subjeet be the supervision and goAbreI-e€-the-sits►-manager-iR-alI matbePor he shall administer the a#€airs.e€ his departments whisk shall ineiade the management and supervision e€ all hospitals and okeritable, a@rre@tienal and reformatory institutions and ageneies-beiengiRg-te-the-eity►t-the use-a€-oil-reereatienai-€aeiiitiee 9€ the eity r iReluding paPke and playgrounds ether than seReal play►groundst the management end supervision 9€ eemetePiest the ma4RteRaRe9 and preserVBtieR 9€ shade trees and skrubbery<t the inspeetien—and-eupervisieR-s€-aii pubiie amusements and entertain - all iawor erdiRaneea and regmia- tisRs-pal ative-te-the-praeervetieR and-premetien-a€-the-pdbiie-hsaitht and-preveRtieR-snd-reatrietieR-e€ aii-di8eaaeT-ineideliRg-tko-eR€eree- Sent in time e€ tkrsateRed api- demie4 9€ Omsk quarantine and isolation regmie4isRe as are appropriate-te-the-emOrgeneyt-tt�e peel►eR�'rieRT-abatement-and-empprse- sieR e€ Auiseneest the 88Aitary► �RapeetaeR-and-empsPti►eaien-e€-the prodaatiORr-transpaetat�eRT-storage -8b- and sale e€ €sod and €oedstw€€et the - and we41h4mv of any eemmed4ty er artlele OF senewmpb}en or use within the eibyt as well as the iR9peetieR-a€-wetghter-meaewP99-and motors weed fop the purpose a€oPeeald-and-amok-abker-dwtlso-es may-be-prevlded- by-erdlnenee.--the said deparbmeRb shall Deep a eemplebe and seewrate system of v4bel-stak4e4i9 e. eke-dlPeeter-a€-pmblle-wel€are-aP amok ether peraeR within said deparbmeRb as lee may dosignebey Shall PapPeaeRt the eity an bke beard of dlreetePs-r beard of managers-er-etkeP-governing -body-off any -eh or4ky-te-whiek-publle-funds shall have been eenkribmted mpeR the-8enditieRB-a€eresa�d. See*-BJ-A v--8aard of tPwsiees of Jaskeen Obsolete; transferred Memorial-wesp4tel. to Metropolitan Dade County by contract - NOTE. --Jackson Memorial Hospital was dated June 14, 1948. transferred to Dade County by a contract - dated June 14, 1948. Section 23-A, added to the Charter by Special Acts of 1929, C. 14234, § 70 is therefore not = set out, but is being stricken in its entirety. Seer-JJ-A-�:--Department of off-street Renumbered as Sec. 29, parking; Off-street parking below. beard. See.-J4.--Deportment-s#-pdb�e-sa€sty* Obsolete; functions were transferred to Tke heed a€ the department of publie other departments sa€sty-oha��-be-known-as-the-dlreetea-e€ pursuant to authority pmblie-sa#aty. granted in Sec. 14(a). Swbjaeb-te-the -ampstvlalen-and-eenbrol e€-the-elty-manager-iR-ell-mattereT-lee shall be the a*eeutive treed OF -the d}vlalan-a€-pelie or- and -€ire.--we-shall be-the-ek#e#-edmlRlstretlre-anther�ty-iR all-mattop s-pertaining-te-the-ereetlenr malntenaRser reps}PT remevalr Paringr seewpaRey and 3RepeetteR of buildings under amok Psgwlak4ens as may be erdelRed-by-ths-eammles�an. (rah--Division-a€-pel3ee. The -police-€area-shall-be-eempeeed•a#-a skiof-and-sash-a€#lesrsT-pebPelmen-and ether-emp�eysee-aa-the-elty-manager-+say determine* ;he Ohio; of pelise skell leave-the-immediate-d}teat}eR-and-e9ntre� of the polies €ereer subjeet to the supervisioR of bhe direeter, of pmblle se€etyr-end-te-awe%-Pdleor-regelatieRe and orders as the said direeteP may presetibey and through the ski@€ of pellaer the dlreater of pwblle sa€ety shall-premdlgate-alb-orderer-rw�ae-end -87- -, 986 s regulobiene FOP the government of the pelise €eree. We shall devebe his entipe bane to the diseharge of his e€€ieial-duties-and-shall-nob-be•abeeRt €pens-ths-eiby-e�eaopb-in-bhe-pep€ePnanee e€-hie-a€€ieiel-dab}eeT-unless-gPaRbed-e wpibten leave of abeenee by the eiby manager.--Nie-a€€lee-shell-be-kerb-open at-all-hours?-day-eP-RighbT-and-either he-er-a�suboPdinebe-@hall-be-iR-eenetanb atb@ndBRee*--�R•ease-e€-bhe-disability of the ehie€ of peiiee by reason of aiokAeasT-absenee-€ren�-the-eity-er-obheP eeuoer the diraeber of publi@ safety shell-designats-ane-e€-bhe-eapte�ine-@P lieub@R8Rb8-a€-pollee-be-set-ea-eh3e� -e€ polls@-duping-aueh-dieabilibyT-HRd-bhe o€€ieer as designated shall serve witheet additional eeRpeReatien. The w+e�bere-a€-bhe-pollee-€eree?-ether-than the ehie£, shall be seleeted €Pen+ the list-e€-eligibles-prepared-by-bhe-eivil eerviee beapdT and in eeeerdenee with seep rules as the said beard may preseribet previdedT that in ease of riot or eMergeneyT the dip@eber of publie safety may appoint additieRal pabrel-MOR and a€€ieers for temporary sePvieer -who -Reed-Rot -bo-iR-the-eleae}- €ied-aerviee.--Eaeiq-member-e€-the-pollee €eree? beth Peak and €ileT shall have issued-te-him-a-warrant-a€-appeintMeRt signed-by-the-eiby-�enegerT-iR-whieh-the date-@€-his-sppeinbmeRt-shall-be-stated? end-sash-shell-be-hie-eem�ieaiaR. &ash member of the said gapes shallr before entering apeR his dutieer sabsepibe to a each that he will €sib§€ullyT without fear or €everT per€ern the duties 9€ his e€€teen and sash -oath -shah -be -€filed -end -preserved with-the-peaepda-e€-said-depapb�eRtT Ne-pePBBRT-skeept-ea-ethePwiee-provided by general law or this eharbepr shell ask as spesial police or speLeial deteetive-eweept-upon-wPitteR-edgeriby from the dipeeter of publie ea€eby* 5ueh-eather3byT-when-BeR�BPredT-shall-be e�eereised-only-ender-the-diPeetieR-end eentrel-a€-the-ehie€-e�-pollee-end-.€er-a tine-epeei€led-iR-the-@ppeiRtMeRt• The -members -e€-the-peiiee-€epee-e€-said _ eity shall bs invested with ell the power and autherity• neeessery €er eR€ereiRg-bhe-eldiRaRese-e€-said-eity. bhe-ehie€-a€-psliee-eP-any-pslieemeR-e€ the City of MiaMir may arrest without warPantT-any -person-a�elat�Rg-any-@€-the ePd}Aeneas-e€-the-eity-eemmitted-in-the pPesemes of Bush 84: f4e@ET and when knowledge of the violation 99 any, erdiA6Aea-o€-eeid•eiby-shall-9eme-to-tee said-ehie€-e€-pollee-er-pelioemaAT-net ee�naitted-iR-his-pleaene9T-he-ahaii-make -88- k • 0- off 44OV44-bef are MUReeipal Rourt against V48 person whargsd-welch-sash-vialatianT-whop eupenT said Judge at alerk shall issue a warrawt-€er-bhe-erraet-a€-sash-person* �b3--9ivieeeR-A€-€are. The €ere fares shall be eempeeed of a Ohio€-and-sueh-other -a#€ieersT-€firemen and employees as the eety manager mar determeRev The fire ehie€ shall have immedeake-dePe@tieR- and - eon tPaI-e€-the seed-d@pHPtM@RAT-eeb�eet-te-the-Heperve- mieR of the dePeeteP of publee safety and to eueh rulear regulateeRe and orders as the said direeter may pre- seeibe and through the fire ehie€ the dirge top -of late -all-apdo, ps T-Pu lea -and-pejulst4eRq €aP-the-go vePRmeRt-a9-the-€ePe-depHPt- MORt: The members of the €ere depoetmeRby ether-than-the-ibis€T-@hall-be-appeeRted €rem -the -list-a€-elegibloo-prepered-by the-eivil-serviee-beard-end-iR-aeeePd- HRee-welch-sash-rules-and-POgulat}ens-Ha may be pPeeeP#bed by said beaPdt previdedr-thHt -in-ease-a€-riekT-eeR€lag- ratien or emerganeyr the direeter of publis safety may appoint addikieaal €irOMOR and O€€ieers €er teMpePOPy SOP* iee-whA-Read-Ret-be-in-the-elao8i- €ied-8ervise. The-ehie€-e#-the-€i!e-depsPtmeRt-end-air aseeStaRts are autheriaed to awareise the pewers of pause effieePe while 904149 toy atteRding Be retuPRiRg from any €ePe OF alarm e€ fire, The €ere ehia€-and-sash-a€-air-aseieteRte-e�all haver-issued-te-him-a-warreRt-a€-eppeint- McRt signed by the eety meRBgoPr in whis, h-the-do te-e€-hie-appeiRtment-shall be-statedr-and-suer-warrant-shell-be-his eemmiseeenv M{h@RAM@r-any-building-iR-sBid-eity-shall be-en-€ireT-it-Bha}�-be-law€ul-€sr,-the ehie€ of the fire department to order SRO diPo@t sueh bulldiRg OF any ether, building-whilh-he-may-deem-haaard@ue-and likely to eemmun#eats €ir@ to ether, buildenger or any past of suoh bui}dinger to be pu}led dawn or 4a9treyad and Re astien shall be Maintained agaaRst said ehie€ at any person aeting under his authePity there€eiv Sse.-��.--Superv3•ieR-iR-divlsieRs-s#-ps}ire Obsolete, •Rd -#firs. The-ehiO€-a€-pAliee-and-€ire-eh}@€-saa}} have -toe -right -and -pewee-te-suspend -any of-the-o€€}ease-end-employees-iR-tk►elP respeative division was may be under theis-Man atone" t- and -e0Rtrel-€er-ineem -89- 96 peteneer "egieet of duty? immeraiityr dtuRkommossr €94lwPe to obey orders give" by proper autherityr or fop SAY abhor-�uot-and-rsaso"ab�s-e9u9e*--�€-any e€€ieeP or employee be suspended as hsrein previdedr the Ohio€ Of the division soneerned shall €slthwith in writing-esrti€y•the-€aet-tagsthor-with ths-eaase-a€-9uepeRsieAr-te-the-direetor of pubiis sa€etyr who shall render �udgmeRt-theregRr-whieh-�udgmeRtr-}€-the eharge-be-euatainedr-may-be-a-reprimeRdr €iRer-suSpeRaieRr-leduetieA-�R-raAk-@P dismissal* ;he direeter Of pubiie safety in any }RvestigatieR shall have the pewee to administer-eathe-and -@sear@-the-etteR- denee-a€-witaesses-and-the-preduetieR-e€ books-and-pepero. the-empieyae-ahsi�-b@-eiiewed-the-same Hppeai-pPeeaduPe-ea-Set-€erth-iR-seetieA 6bEa�-e€-the-6herterr-provided?-however? iR-the-event-the-a€€ie9a-a€-eity-maRF#ger end -direetsP-a€.-pubiis- sa€ety-ape -held by the same pePseRr the city manager- direeter s€ pubiie sa€etyr before pssaing-upon-the-gu�it-eP-innseen@e-a€ the -per aaR-suspended?-may-authorise-the @iMii-9ePvie9-beard-t@-e9Rdl�at-9-hearing upsR-the-auspeneien-ehelgea-pre€erred-by the ehie€e 9€ fire er peiiee and to pope rt-its -€indiAgs-and-reeemmendstiena bask to said eity manager-diPeeter of pubiie safety. _ ;he eity manager- diPeeter Of pubiie safety the" shall, peas -judgment -upon -the-peraeR-suapeRdedr after asRsideFing the findings and Poeommendatiene e€ the eivii serviee beard. See.-2f.--Zaopens }en -and-lemevat-s€-ehis€-of Obsolete. � ps�ies-aAd-#ire-ehis€. T.he eity manager shall have the ameIwo ive-right-te-suBpeAd-the-ehis€-®€ psi ise-and -€ire-ehis€-€eP-ineempete"eBr Regieet of dutyr immaraiityr druAkcnnessr failure to obey orders given by proper autherityr or for any, Other feat and reasenabio sadse* i€ either of sueh ehis€e be se suspended the-e}ty-manager-shaii-€erthwith-eerta€y the €aetr together with the eeuse of 81iepBRa�eRr-te-thB-eemmiesieR-Wkio-Within €iva-4;;-days-From- of gush Retiser shall pressed to hear such eherges and rander judgment theree"r-whieh-�udgmBRt-shaii-be-€iRai. Sec. 17. Finance, department of finance._ See.-2�.--Finanee end tawatien--in ehalge a€-di:sets!-B€-€manes. (a) Department director. Subject to the supervision and con rol of the city manager, the director of finance -90- shall have charge of the department of finance and bbe=edn�n3a�raen of -shall administer the financial affairs of the city, including the keeping and supervision of all accounts, the levy, assessment and collection of taxes and e41%er revenues, the making and collection of special assessments, the custody and disbursement of city funds and monies, the control over expendi- tures, and such other duties as the commission may by ordinance provide. (b) See.-28l--Same- -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 accountsT and the financial reports rendered to or by the department of financer shall be prescribed by the director of finance with the approval of the city manager. The accounts and accounting procedure of the city shall be adequate to record all cash receipts and disbursements, all revenues accrued and liabilities incurred, and all transactions affecting the acquisi- tion, custody. and disposition of values. and e The director of financ8 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 city manager. (c) See:-29w --same--Budget estimates. Not later than one �4-3 month before the end of each fiscal yea r the city manager shall prepare and submit to the commission and make available to the public a bu ge estimate of the expenditures and revenues of all city departments, divisions.L 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 .city manager. The classifi- cation 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) Eat A a detailed estimate of the -- expenses of conducting each department, division, and cffice*i -91- (2) expenditures for corresponding its -ma for the last. two E2� fiscal years*. (3 �e�--�Kpend#k�dree expenditures for corresponding items for the current fiscal year, including adjustments due to transfer between appropria- tions, pArme as well as an estimate of the expenalTures necessary to complete the current fiscal year+; (4) F4}-;he the value of supplies and materials on hand at the date of the preparation of the estimated (5) Fe4 ;RePeases increases or decreases of requests compared with corresponding appropria- tions for the current fiscal year, with reasons for such increases or decreases.. (6) �94 A 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) F94 An an itemization of = anticipated revenues from _ other sources.. the total amount of -E f the outstanding city debt, with a schedule of maturities �= of bond issues.. (9) F4r3--;he tho amount required for interest on the city debt, for sinking funds and for bons.; maturing serial and (10) ;13--Swell such other informa- tion as may be required by the commission. L • EI��--6ep}se-a€-edeM-est}mate shah be furnished to the newspaper of &he a#by and _ seek library 6€ the e4kr whisk is open be the (-d) See: ;G. Same --Appropriation ordinances; fiscal year. €he •aon4aa4on-ak na1-be-€ue"ished-with a badget estimate net later than the- €}rat-Mendar-in-Junor-and-the The commission shall prepare an appropriation ordinance, using the manager's estimate as a basis.t and Rrev4a4oR shall be Made €er how' public hearings on the propo-s appropriation ordinance, before -the -92- eeMwfes3ew-a44#wg-ee-a-eemm344se Made to conform wt,th a-4Me-wMee*--�qe-eemn�3aa3ew•aga�� state last. See Fla. me4 adep4 4be GRPPopp 3a43ew State. Sec. 200,065. erd#wawee Prier 4e aeIy ;T bd4 abal-I adep4 Said etd3Rawee pe4 �e4er-4aew-4ae-4wewby-e�ga4M-day-e� ably: in accordance with state law. The fiscal year oF the city shall aew�erm-4e-4ba4-e�-Dade-6edw4y-E4be ��sea�•year-e�-4i�e•eeew4y-aeMmew- a*wg commence on the first day of October an e"44mg end on the thirtieth day of Septe`mEier of each year;. (a) See:-;�v--dame--Appropriations for current expenses prior to passage of annual appropriation ordinance. Before the annual appropriation ordinance has been passed the commission, upon recommendation in writing of the city manager, may make appropriations for the current expenses of the city, chargeable to the appropriations of the year when passed, Se in an amount sufficient to cover the necessary expense of the various departments, divisions .L 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) See. ;z. Sawe--Transfer of appropriations. Upon request of the city managers the commission may transfer any part of an aw}wewm bored unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year bee -proved is insufficient, or may authorize —a transfer 4e-be-made betvTeen items appropriated to the same office, department,. or division. (g) See.-J;.--Seee--Appropriations of accruing revenue and unexpended balances. Any accruing revenue o'f the city, not appropriated as hereinbefore provided, and the balance at any time remaining after the purposes of an appropriation shell have been satisfied or abandoned, may from time to time be appropriated by the commission to such uses as will not conflict with any uses for which speoigioally such revenue accrued. (_) See. 34w Sam* --Necessity for appropriation; reversion of unin- owmbered unencumbered balances; work not to be comp eted within year. No money shall be drawn from -93- . a i the treasury of the city, nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriations made by the commission; and whenever an appropriation is so made the clerk shall forthwith give notice to the director of finance. At the close of each fiscal year the vRiRewm- bepee unencumbered balance of each appr.opr aEio" n aiif all revert to the fund from which it was appropriated and shall be subject to future appropriations; but appropriations may be made in furtherance of improvements or other objects or works of the city which will not be completed within the current year. (i) Soer-J;*--Sage--City not liable on contracts unless appropriations made; contracts extending over one year. No liability shall be enforceable against the city upon any contract not supported by the Ppawaewe a prior Eappropriation?;. nor shallhe city be liable for any services, materials, or supplies furnished to the city or to any department, affice.L or division thereoF, the financial requirements of which are to be met out of the proceeds of taxes or of any other funds controlled by the commission$ unless the commission akaJJ-ppev}edeI�4_sage has made an a rior appropriation E erefor. I`n vent that contracts ape -made to extend eVep-a-pared-�eRge!-bt�an one (.}4 rear and whieb ape to be met beyond the and of the fiscal year and require monies f ram current receipts or the city, it shall be lawful for the commission to make appropriation sufficient to answer the requirements of any such contracts for only one Ft4 year?; and the contract shall be legal ana' binding upon the. city notwith- standing the absence of an Re appropriation as- •en -ma a or the ensuing yearsl eMep-wlieh-b-s-fie be-spepativey and 44-ehall-be-the duty-e€ the commission shall have the duty to make appropri"aLio s rom year to year as required for the purposes of such contracts. The obligations of the city under such contracts shall not be considered to be a part of the indebtedness of the city. (L Sae. 36. Sams --Accounts of appropriations. Accounts shall be kept for each specific item of appropriation made by the commis- 3 ion.. and every warrant on the treasury shall state specifically against which of such items the -94- 0 o:. warrant is drawn. Each account shall show in detail the appropria- tions made thereto by the commis- sion, the amount drawn thereon, the unpaid obligations charged against its and the YR4Remmi3eeed unencum- bered balance to the credit 7Eiereof. (k) Seer 37. Same --Payment of pay- rolls, 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 gsvegRmsAkr and by means of a check or warrant on the city treasury, issued and signed by the director of finance and counter- signed by the chief accountant of the department of finance; provided, however, that in the event of the illness or the absence €gem the e4ty of the director of finance or the chief accountant of the department of finance ee-bekb BYeb-s€€eves, the city manager may designate aRetbee-ee other officers of the city to sign and countersign such checks or warrants. The director of financeT ee his awther4aed depwtyr shall examine all payrolls, bills, and other claims and demands against the city, and shall issue a check or warrant for payment only- if: be €iRds upon findin • 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 been exhausted or that the payment has been otherwise legally authorized; and that there is money in the city treasury tm make payment. Me The director of finance may require any c aiman o mare oath as to the validity of a claimv, He may investigate any claimT•, and for that purpose may examine witnesses under oath. and 19 he €}Rds a aI.aiM ba be €PaYdY�@R�rT-eFFeR@@YaT-@r-®�aeew�se �R1i@��dT-pe-stia��-Rehr-�eaYe-a-eke@k es-waegaRt-there€err (1) See* 38. Same --liability of director of finance for issuing warrant without appropriation or sufficient money in fund. If the director of finance issues a warrant on the treasury authorizing payment for any item for which no appropriation has been made, or for the payment of which there is not sufficient money in the proper fund, or which for any other cause should not be approved, be the director and his or her sureties -95- • shall be individually liable to the city for the amount of such warrant if paid; provided, however, that where dndsr-the-erdAsneea-ewe` e4ky a department of budget 49 has been created, the director 'off' budget and his or her sureties shall be liable o' tTe_ city for issuance of any such 46-be-isedee-s warrant. on tyMa bPaaaery adthop4a4Ag payment, for any item €ar-wh�eb-A9-apprepP�at�eA-k+aa-been medeT-or-€eP-the-payment-€eP-wh�eh there ie Ask OW6€4e4eA4 meRey in tk►e-peeper-€r�Rd�-er-wh�eh-€eP-any other -&ease-sbed�d-Aet-be-eppreved €er-tk+e-omeuRt-a€-sueh-warreAt-}€ paid. See.-i9:--Sawe--bevy-s€-ta�ras. Net later than one �4'} weer after the beard e€ equal}ratiom shall have eemp�eted-its-wart,-the-eemm�ee3eR-skta��T by -or diAanaey- levy -suekt- tax so-so -me y-be neeesesPy. to meet the appropriations made �1e98 the estimated ameuAt a€ revenue from ether seureea.} iReludtng all sums required to be raised an aeeeunt-a€-tee-e�ty-debt.--�A-€�n�Ag-the tek-rater-the-semm�ee�en-aha��-des�gnete what -POP trio ne-e€-the-teto�-ere-€eP-e ty debt-end-€er-general-puPpeeas.--�€-the eemm}asaeR-sha��-€a��T-re€use-er-Aeg�eet te-pass -aR-erdiRones -�evy3Rg-t{ia-tattQB €er-aA�►-yeareT-�I+e-erd�AaAee-�ee�-passed levying tastes shall be eansidered 4A €epee end a €eilure to pass seek an epd4Ranse shall in no wise invalidate bee-ee��aet}ew-e€-any-testes . See.-4a.--Saws--fast-aeseesep. The etty manager shall appoint, a boa asgoose* -who -eMe��-be-ap-a€€�eaa-�R-�I+e depaptment-e€-€3Aenee-end-aabard�nate-ta bee-diroeta*-there a€.--;t-shall-be-the duty-•€-tqe-test-asaeseer:te-assess-s�� tastable-prsperty-w�th3A-the-e�ty-et-its seek value and also to assess all liseAaesT pP}v4leger Pe14e4Patien and ether speeial tastes wh-ish the eity is adtkspiaed to levy and eelleet. ;hs assessor shall have the power to sdm�A�Htsr-Baths-�n-eenneetien-with-ti+e ve�uet�eA-e€-property-€er-e�ty-tastat3ew and -in -Pespeet-be-any-aaeasement -he -is authePtead-te-matte. Sea.-a3.--Ssse--Beapd-sf-egsia�3aat3en. ;he eemmiseigR shell eenatitute the beard -of -equal eat3sA.--sae-eaty-e�srit aha��-be-e�erlt-a€-seed-beard-and-Iteep-e pePmeABRt-reseed-a€-s��-}tH-preeeedinge. A-me3er#ty-a€-ea�d-beard-aha��-eenet�- tute a quorum to de businese. Said beard shall meet at the eity hall of Miami an the aseend Monday in duly of -96- Obsolete; function is now performed by Metropolitan Dade County pursuant to Sec. 4.04 of the County Charter. See also Fla. Stats. Sec. 193.116. Obsolete; see note to former Sec. 39. Obsolete; see note to former Sec. 39. @ash year? at whiea time the aoseseer shall submit to the said beard the gsRePal-asaeaemsRt-psllr-whisk-said-cell shall be eempleted and Filed by the assesser in his s€€lee five E44 days prise -to-the-meeting -a€-the-said-beard e€-equalieetismT-weer@-duping-the-said five ¢€} days it shall Pem64R open to pablis inspeetieR. DtlriRg the First three �;� days of its Meetings said beePd-a€-egwaliaatieR-shall-@@Heider-sRy written objeetiens filed with it in respeet to any assessment that shall have been Rader and mey en its own met ism May inepeese or diminish valuatiene therein♦ add the Rages of persona and deser4pt3ene of property? imppep@rly emitted from said pall and €in the valtlatieR-e€-said-prep@pty?-and-it-shall eepraet all serape and supply all de€iaianeiae-Found -thereiR.--Said -be apd shall sentiRtle its sessien a€tep said €ipst-tares-E�3-days?-ae-long-ae-Ray-be Roe@soapy? -but -Rat -lenget-then-twe424 wee�s�€pem-tee-day-e€-the-€fret-meeting? dtlPiRg-waiea-ties?-open-th@-regtlest-e€ any perseRr his agent or abtoPReyT sensideping himself aggPievedr OR au€€ieienb eause being shown? it May p6dwe&-the-&seessoon t-te-etleh-aR-ametlRt as -to -euea-beePd-shall -appear-tleb-and egtlal. It may enamine on oath any perseR-teuehing-the-matter.--the-beard shall have me power to raise any aesaesmaat-iR-said-roll-without-netiee to the party a€€eeted thereby. Any member-e€-said-beard-may-adminietep-aR oath -and -enamiRe-witnesses-iR-PelatieR bs-the-matters-requiring-inveetigeb}oR before said beard. Said beard shall keep a raeepd of its preosediRgs iR inereaeing-tee-Va�uetien-e€-any -property eseeseed-open-mush-tall.--the-members-e€ the-eemmieeiaR-shall-be-paid-tee-sum-e€ €ive-dellare-E�S.A03-per-day-op-€paetieR teepee€-€ep-ease-days@-aetuel-ebteRdanee as a member of the beard of egualiaa- tieRr whish eempeReatisR shall be iR addition to their salaries as eammis- 93enere. lee -beard-a€-egualiaatieR-small-save-tee power to summem any property owner of the-eity-be€ere-them?-te-take-teebimeny under-each?-end-be-PeguiPd-tee-predtle- tieR 9€ beaksr paperer aeeeeRts and etaeP eV3deRee 9€ the ewReraaip and value-a€-prepePty-within-tee-eity.--ARy person €ailing to appear be€ape the beerd-waen-summenedT-er-€ailing-te-give er-preduee-sues-testimony-ep-ev3deRee? Shall be guilty of OR offense against bae-aity-and -apsn-aenvietien-bs€ape-the eity-eeupt-saaii-be-ptlRieaed-by-a-€ins not eneeeding Five hundred dollars' FiS8A.G83-eP-impr3eensent-Reb-ene.eding ainty F693 daysw lee assessment of -97- preperby €er 93by purposes as revised and -debermned-by-bbe-beard-e�-egds�32a- t}9R-aba�ei+be-€ipa�• (m) Audit and investigation of accounts Incorporated from or oFficer when art ice v scanV7 former Sec. 55. Upon__ the death, rest na son removaly or expiration or the term o any ofricer or the city, other an the director or Finance,e d zrec or of finance shall cause an audit an d invesEigation of the accounts of suc o f er to be made and shall report to the ci y manager. (n) See. 42. Same --Applicability of State law. ss-be-tawes-app ees. the general Taw of Florida upon the subject of taxation shall apply to and govern in the assessment, levyJ. and collection of taxes in the City of Miami and in the return and sale of property delinquent therefor; and shall also apply and govern in respect to the powers, duties, and liabilities of the persons7 and property touching and concerning such taxes, and shall have full gores and effeeb in said eity as €ar-as-#�be-seas-may-be-app�aeeb�e! except that this provision shall not repeal of the 6barber prsvi- s3ens�-being-ebapber-�884�T-6awe-e� F�eradaT-�SaST-aB-aNleRdedT-en-She eebjeeb-a€-ba�rsb�eR-and-€}nanee-nor ebapber 27PD:�r Speo4al, Asks of FIeradar 4543 �previdinq fee �db��ea�rieR-by-trbe-e��y-a€-ne�riee e€-sere-a€-read-sahebs-€er-neRpay- menb-a€-pooh-dr�e-adaae3pa�-fakes}t any non -conflicting provisions of this c ar er nor any other specie Teeggis a ive act applicable to the City of Miami on the subject of taxation and finance, except as herein otherwise provided. Sse.-4��a}.- Same--D}seatiwbs if taxes paid Obsolete; see note to be�ere-ear#a3w-vase. former Sec. 39 and Fla. Stats. Sec. 193.41. ®R-a��-ba�eea-assessed-en-bbe-eaby tar Fells and selleebed by the easy-beer-ee��eeterT-d3ee9dn�re-€er •as}y-payn�efb-bbere•€-ebes�-bs-et: the Babe of two �2} pereent in bbe-menbb-a€-Pleveaber-and-one-E3} pereenb-3n-bbe-aenbb-a€-DeeeaberT the bares being payable in ,eRdery-w3bbedb-daeeednt►. See.-42�b}.--Same--When- tones -bee Obsolete; see note to ydentt interest taboo ew former Sec. 39. de��tn,uewt-aarrea. All unpaid tares dpan real aebe�e-eba��-beaeae-de�aRgdeRb en-Apca�-3-e�-bbe-year-€e��ewang the year in wb#eb sdeb bares -98- were assessed? and shall beer interest-€Pam-aMeh=dabs-at-the Page-e€-twenty-€ive-�Z�}-pereeRt per-aRnMm-€er-the-Riret-pear-sad eight-E8}-peresnt-per-annMm-€eP the-time-a€bar-the-�ipst-rear+- Ses.-434e3•--Same--l.aw-eerti€lea#eat-interest Pete -thereon. At the sale of land sold far ta+�e•?-the-taw-eelleeteP-shall give-te-the -pMrshage p-a-eepti€- ieate-e€-adeb-sale?-deaePibing the landa purchased and the ameMRt paid there€aPT which am aMRt-sh ail.-beep-intereet-from the date of the eePti€ieate until-ApPil-l.-Gf-the-€ellswing reap-at-the-Pate-e€-twenty-€ive E25} pereeRt per aRRMm ;ep at eweh-leweP-Pate-a€-iatePeet-as may be bid by aRy pwrehaseP ethe*-than-the -eitr3-and-at-the Pate of eight ¢S} p4Pe9Rt per annMm-theres€tap. Obsolete; see note to former Sec. 39. See.-4;*--6ame--Ass@seep to have power Of Obsolete; see note to es�tnty<-assessed -general-assessment former Sec. 39. roil.* T-he aseseseP shall. pessesa all the pswarsT-disehaPge-all-the-dude's?-and-be sMb�eet-te-all.-the-liabil}ties-iRT-€eP and -te-the-eityy-that-are-een€erred-and imposed open soMntr assessePer by the previsions of the law mentioned and referred to in the preeediRg seetien jseetien 424T in Pelatien to the a8aea8ment-and-taNatian-o€-ppepertyT-ae gap as the same may be applienble and eweapt-ae-herein-pPevided.--ids-ahal.l-iR sash -rear -prepare -a -general -assessment sell-€eP-the-eitr-and-eempl.ete-the-same be€ere the time fined by this Gharter for the €ire-t meeting of the beard e€ egwaliaatien-iR-sash-rear_ See.-44�--Same--Sdgwiwg-and-ewdersaRg-gewesal 'Obsolete; see note to assessment pall} return and former Sec. 39. psesdmptien-•�-va3�iditr� After the said beard of egwaliaatieR shall have completed the revision at: said-Pell-the-city-eleri�-shall-enderee and sign a statement wpen the rail to the -offset assessment Poll for the eitr for the reBP-�R-wheek►-�t-he8-be9R-pPepapedT-ao approved-br-the-beard-a€-egweliaatisRt Sweh-statement-mar-be-in-substantially the-�elleN�Rg-�ePm?-ViB� slal.6-AF-F4GRl.DA-} CAdPli�-DF-DADG-__} -99- ` i A -hersbr -SOP W y-thQ4-the-BOARD-OF GQWA4liAllON e€ the C#tr @9 Miami has rev#ewedT egtla##aed and sorreeked the w#bh#�-Aesesemeab-Reel-and-has-Fdsdeeted €rem-or-added-te-as-the-ease-mar-bs}-.-* �_,-,-*-de}lore-F€rem-er-Ire-ea-the-ease mar-be}-the-valdet#eR-e€-the-rear estabe made-br-the-Aseosoer-and-has-detsrm3Rsd the aggregate of value e€ smeh real estate to be . . Dollars and a total-valde-s€-bho•peresnal-preporbr-te bs-.-*-.-*-*--go lisp a-€er-the- Yoe f-.-. _► C#br-Clerk dpeR-the-e9mpleb#ew-a€-etleh-Pell-and-#to andePeemeRt-3R-the-manner- age Peeeadj-it shall be PettlPRed to the assessor and shall be pPeevmod br all eetlrts and t P # b UR ale - to -be-Mal}d,-eRd-alaBll-Ret-be se#-solder-eweept-€er-eatlsee-moat#erred in the geRePal laws s€ the state Pe#BtlRg-te-the-assessment-e€-property and the leer and solleet#en o€ ta*ee thereeR*--lho-em#ss#ew-e€-sash-eRdaree- meRbT hewevePT shall Rot, a€€eet the Mal#d#tr-@€-eRr-etleh-Pell,. (o) Zee: 4B. Lass --Assessment made Obsolete; see note to aseerd#Rg-to -valuation -enbered-br former Sec. 39. beard og equal#sat}eRi bakes as debts and liens. Upon the eque- l#a#ng-a€-the-sa#d-aseeesmenb-poll br-bhe-beard-o€-egtlal#sat}an-a€-bhe C#t)►-a€-Mbeml-and-the-€#a#Rg-a€-bhe m#page by the semen#ea#enT the assessor ohall peseeed is assess the bamee aseerd#ng to and in prapert#sR-ts-bhe-valtlatlsn-entered br-the-beard-s€-equal#eab�rew-iR-bha asaossment •€ the a#tr for bhe rear. T-he tebal of all tawes assess ed-aga#net-aRr-one-pareel-e€ property shall bo feeted up and earned-etlt -ln-the-last-eoltlMw-ew the-rlghb-s#de-a -stleh-rolls. All the taxes there assessed shall become at once a debt to the city from the persons to whom they are assessed. All personal taxes shall be a lien upon the personal property of such persons so assessed from and after the assessment thereof, and remain a lien thereon until paid, and shall be superior to the rights acquired under any sale, assignment, or chattel mortgage, levy or lien upon any such personal property executed or made after such assessment, except when such personal property is sold in the regular course of trade. The amounts assessed on any real estate shall become a lien on the first day of January of the -100- year in which the assessment is made on such real property and the lien for such amount and for all interest and charges thereon shall continue until payment thereof. Seer-4br--Save--Copy of assessment Pell annexed to warrant eeamand4mv selisst iomw �k►a-aeeeseer-eba��-bberadpeR-male-a-espy e€-am sb-asBeBement- toll -w tM-edeb-boxes aebanded-thGroom V- -We -shall-QmRea-bbab to a warrant signed by aim eemmand4Rg tk►e-d�reeker-a€-€�RaRee-be-ee��eeb-bbe aevaraI alms mentioned in b%9 16e4 eGIWMR-e6-bh@-964d-r9Ilr (p 6ee.-4:;v--6am9--Collection of money by director of finance; payment into city treasury; deposits; interest. All taxes, special assessments, license fees, and other monies accruing to the city shall be collected by the director of finance unless otherwise provided by State law. All money received by any officer or employee of the city for or in connection with the business of the city shall be paid promptly into the city treasury and shah be deposited with such responsible banking institutions -es-€ermisk furnishing such security as the commission may determine and shall agree be pay a in the highest rate of interest eemed advisable. All interest on money so deposMed shall accrue to the benefit of the city. ;be sommbsaien shell peev4de by erdimenes for bbe prompt and rege�ar-payment-and-eFepee}b-a€-a�� e}by meR}es ae reQdired by 414}e seekieRr (q) 6eer-48.--Same--Assessment of all property, levy., and collectio" n off' axes. ender-yes-esbab�tek►ed-� orda a eet-net ee-be€ors-etbaeMmaRt a€-pomaIty-€er-€aiIdre-be-retdrmt net dGIiRgdeRt WRkil etxty days €rem-dde-datet-pre�39}eRe-eewt�Rded in €ereer Except as otherwise provided in this Charter charter, all property within the city shall be assessed, and all city taxes shall be levied, assessed and collected under such rules and regulations as may be established by ordinance and by apelicable state law. Site-r�akee-an -regw s- }k ems May provide penal -ties ;Be kkeir RBRebeervanee and mays in base-and-a��-etper-respeat�aT-mare prevision for tke assessment of property-and-toe-�evyl-esaesemeRt and-es��eet�eR-a€-bi�e-e�ty-ba�esa-aa €d}�y-ae-m�gi�t-be-eleRe-ty-a-haw-s� -101- Obsolete; see note to former Sec. 39. Obsolete; see note to former Sec. 39, the-. _Ar pems4ky shall at kaeb fop the fair ItdP9 lb PebdPR pP@pePty fop bw*at49"T-Rat a@-ak1a��-be-given-by pdb��ea4�eA-ab-�eaat�-€edP•�4�->}imes iR-One - F�4-aP-MOPe-daily-popera -of the -eit Itr-a€-bbr-t3ime-wibl�iR-r�bieb said PebdPR Mwak be made. ;be €iPetf pdbl4eak4on of oush netfiee abl9��-be-ab-�eaets-aiPby-t=�9�-days be€ePe-bMe-�asb-day-€eP-a�atEing-sdefa P@�bPR�--PIa-Pd�e-eP-Pega�at:ieR-made by, -ePdinanee-saa��-pPevide-t;k►ab-s tialt-be-eeRa3dAlA�-d8�3R�d9R�-9@eReP &kan ai*by �693 days aFtseP it's b000mes dwe and payable. All peav4aieRs fop the assesamomti of prepePky- and - the -levy T-assessment awd-es��ee�ien-@€-ba*ea -iR-€epee-et: the t 4me of the adoption of this GhafkOPT and not iRe9RsiskeRt's bh9PewikhT-shaii-eenk4Ad@-in-€ePe@ Unkil-albePedI-pope o ed-eP-sdpeP- aaded-by-tibia-Ghor4aP-eP-by-PdIes and Pegdlak4eRs established as provided-by-bMie-see�►�eR. (r) Lien for costs involved in closinc; Incorporated from removingy re airin or ea molishin former Sec. 130. unfitbuildings. on he failure oT the owner, owners or Rersons int;rested in Eroeerty within the city o comply with e e ermina- tion of the orricer, board, or od empowere y e, City Code ors ordinance to require the c osin , removal, repeirl or demoliMn o any buildingor structure an erous o the health, morals, sa et , or eneral welfare of the people o he city, arter reasonable notice or such compllance has been given, such officer; board, or body may cause such building or structure o be closed remove re airs or dem'Mished or may contract ere - or, after advertisement For an receipt or bids. a amount o (1) abstracting and title search fees or charges, exper wi nesses' feesp ana a ver- ising charges incurred? an (2) the cost of such closing_, removal, repair or demolitionp Tf any, shall constitute and remain a municiRal Lien against the real Rropert4 involved until ai wi interest e o accru a tRe rate at six percent annually. Suchliens may a enforced and collecte any of the metRads provided by an s a e or other applicable law. -102- . f See.-4�*--►base--C�a��s3�r3wq-bus#RessssY-e�e:t (a) _ C.lassi.ficetion of busi^asses and occu arp L�sktee. in providing ror licensing an regulating persons, corporationsi and asses#ations entities engaged in businesses, occ'— up Z'ions, professions.L and trades, the commission may by ordinances classify bms#Resees and arrange the various businesses, occupations, trades.L and profes- sions carried on in the city into such classes as may be just and proper and fix by ePd#RaRee the license. fee payable by each, without regard to the state law fixing such fees. Sse.-trQ.--Saes- -sae-deeds-as-ea#dewes. Obsolete; se-e Fla. Stats. Sec. 92.24. Deeds made br bke 6}tir of N#em# �!lPamaRb-be-bH�r-eH�er-AP-e8�9-mRdeP deePee-gPHRtied-€eP-bke-ee##eeb#eR of #eea# assessmeRtrsr ska## be adm3ae3b#e-iR-er#dense-eR-bke-saes • trePms as deeds made pursuant, be aa#ee-€et-bases-due-khe-sbabe-and aamRtrrt-but,-#b-shaI#-be -eempeteRt, €eP-pePseRB-deRr#Rg-bee-r►a�3d3trr-e€ amok tree deader OP assessment, desdar tre patr bR evadeRee the pPeesed#Rge pre##m#RaPr to the aileOrd b#eR-khaPoe €.--Xke-pklPpeae-of trk}e prev4siem }s be jive amok dead s-and-all-Pee4bals-therein-bke same-pP#ma-sae#e-€epee-and-ve#}d3trr aesseded tre tram deeds made br e€€beeps-a€-bke-sbabe-and-eedRtrr� (t) See. $4v Same --Limitation as to ..._ levy of ad valorem taxes generally. The city shall have the right to levy ad valorem taxes not to exceed bwel-v9412} mills on each dollar of the assessed value of all real and personal property in the city, for the purpose of raising such amount as may be necessary for carrying on the government of the city, and in addition thereto shall have the right to levy such additional ad valorem taxes as may be necessary: (1) to pay the maturing principal a of and the interest on the i outstanding bonds of the city and such additional bonds as the city may from time to time issue, and to provide- a sinking fund therefor*; (2) to pay for the lighting and hydrant rental of the cityr_ 9 (3) to pay for the operation of such public utilities as the city may construct or acquirer; and 's -103- _ 986 1 (4) uo provide a publicity fuiid, the levy for sweh-€end which shall not to exceed bNo �24 mills on each dollar of such assessed value. Swe.-SW4v--Sam* - 6ia4kat4an-as -ike-Ievy-of Obsolete; see note to ad valersm kon es for pmb464e farmer Sec. 39. ��bssry-end-��brarr-syabemt The Ciby e€ Mismir PloPider by and through its governing bedyy is hereby abbhor44ad-be-bevy-ew-anwes�-base-nob-be a�seeed-trove-eRd-one-had€-F�-����-w}��s-eR eaeh dollar of the assessed bamable va�we-a€-a��-preperGy-iR-ea}d-e�byr -bekke real and pereanaIr for the perpese of 99�r8b�i8h}AgT-epe�a�riRg-BRd-ma�ntraiR�Rg a pebI4e labrary and publie l4beery syebem-therein* Sec. 18. Seev -52.--Same--Chief procurement officer. (a) The city manager shall appoint a chief procurement officer* ;he ehie€ preedremeRb eff4eer or his designee who shall supervise all purchases or the city in the manner provided by ordinance and who shall, under such procurement nie hods 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 er-hie-designee shall have charge of such storerooms and warehouses of the city as the commission may by ordinance provide. Before any purchase or sale.L the chief procurement officer or-k4o-designee shall require that all prescribed procurement procedures are be followed. Supplies shall not be furnished to any department unless there be to the credit of such department an available appropria- tion balance in excess of all unpaid obligations sufficient to pay for such supplies. (b) No contract for furnishing sup lies or services for the ci exce as otherwise provi ed in this charter, shall a made for a peFiod of re t an one year. (c) �6� The chief procurement officer op-his-desilRee shall be-reepensi- b�e-€er-eeeer}ng-ee�npeReeT-by see to it that all persons seeking�o do bu�sz ess with the citYr-with-thO reeZu�remeRbeT-se-mey-be-preser}bed by erd}R®neeT that khey will not discriminate against any employee or applicant for employment because of age, race, creed, color, -9 04- Incorporated from former Sec. 92. religion, sex, national origin, handicap.L or marital statusYs-, and that they will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, race, creed, color, religion, sex, national origin, handicap.L or marital status. (d) 4e4 The chief procurement officer er-bja-d994gmee shall be responsi- ble for developing a such minority procurement program as may be prescribed by ordinance and permitted by law. sec. 19. Sae. S;. Same --Contracts for Eersonal property, public works or improvements, unified development projects,, and real proper yT_ safeguards* A�-pegeaaa�-pespeey* (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 €ear taewsaAd five bandred dell -ape f$4,500.99} shall be awarded by the commission to the lowest eesponsible bidder, after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance, but the city manager or his designee shall have the power to reject all bids. Nothwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting 4is 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 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. Genk*aeke All contracts for personal property N excess of $4 500. shall be signs by the city manager or his designee after approval thereof by the commission. This section shall not apply to transfers to the United statesT or any department or -105- �� 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. as emeembed Before authorizing the execution by the city labor force of any work or improvement or phase thereof, the city manager shall submit to the commission a descrip- tion of the anticipated scope of work and related cost estimates. All contracts for more than ken abemeand' dellare F$101000.8g}? which shall include contracts under which improvements valued in excess of aan kNougand eel.1are 4$10,000.093 are to be constructed for the cityL or-eA-}aAds-leased rem-ei�e-e�yT shall be awarded 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 or his designee shall have the power to reject all bids. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a -written finding that a valid emergency exists or that there is only one 44.4 reason- able source of supply, which finding must be ratified by an affirmative vote of two-thirds 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 conEain a reservation of the foregoing right to reject all offers. Contracts for public works or improvements shall be signed by the city manager or his designee after approval thereof by the commission. When it becomes necessary in the o inion of the City manager to mewe alterations or modifications in a contract or any public work or imErovement, such alterations or modifications shall a made on when auEhorized Sy the commission upon the written recommendation o e city mans or. No such altera- tion shall a valid unless =e rice to be piid For the work or material, or both, under the -106- Incorporated from former Sec. 54. 0- 0 altered or modified contract shall have been agreed upon in writing an s gne _ y the contractor an e city manager such au'F o iiat"io-n �yiie` commissprior too ion. (c) Unified development projects. A unified Ws4f4ed development projecF `sTiaTl mean a project where an interest in real property is owned or is to be acquired by the city, and is to be used for the develop- ment of improvements, and whege as to which the commission determines tHat o`T the development of said improvements it is most advanta- geous to the city that-the-e}ty to procure from a private person, es defined in the Code of the City of Miami, one k43 or more of the following integrated packages: (1) PleRR4R9 planning and design, construction, and leasing; or (2) �444 RleRR4R@ planning and design, leasing, and manage- ment; or (3) 44444--RlaRRinq planning and design, construe ion, and management; or (4) 44v► R-IflARj:Rg planning and design, construction, leasing and management. So long as the person from wb#eh whom the city procures one 444 of he 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 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) E43--Tee the specific parcel of land contemplated to be used or the geographic area the city desires to develep- meRt develop pursuant to the unified development projecty; (2) 4j34 The the specific evaluation crite—r a to be used by the below -mentioned certified public accounting firm; -107- Q (3) �4441 ;be the specific ..._ evaluation criteria to be used by the below -mentioned review committee,.L (4) F!*� ;be the extent of the city's proposed commitment of funds, property, and se*vices•; (g) (,*}--T-Ma the definitions of the terms "substantial increase" and "material alteration" that will apply to the project pursuant to subsection (e)�4v}(4) hereof,; and (6) �v-O--A a reservation of the right to —reject all proposals and of the right of termina- tion referred to in subsection (e)4ivM (4), below. After. public notice there shall be a public hearing at which the commission shall consider: the contents of the request for proposals for the subject unified development project; (2) the selection of a certified p G 1 is accounting firm, which shall include at least one member with previous experience in the type of development in question; and (3) �4443-_;he the recommendations —` of the city manager for the y appointment of persons to i serve on the review committee. -� Said review committee shall consist of an appropriate number of city officials or employees7 and an equal number plus one 444 of members of the public, whose names shall be submitted by the city manager no fewer than five 453 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. The procedure for the selection of an integrated package proposal shall be as follows: 0 (1) �4�--All 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. (2) the review commit- tee shall evaluate each proposal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review committee shall render a written report to the city manager of its evaluation of each proposal, including any minority opinions. (3) F}i#� T.ak -iRI takinq into consideration the in ings of the aforementioned certified public accounting firm and the evaluations of the aforemen- tioned review committee, the city manager shall recommend one �44 or more of the proposals for acceptance by the commission, or alterna- tively, the city manager may • recommend that all proposals be rejected. If there are three �;} or more proposals and the city manager recom- mends only one 4:t�, or if he the city mana er recommends rejection of proposals, the city manager shall state in writing the reasons for h4a such recommendation. In transmitting his recommen- dation or recommendations to the commission, the city manager shall include the written reports, including any minority opinions, rendered to him by the aforementioned certified accounting firm and review committee. (4) �i*4--Ail all contracts for unified devTpment 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 by an affirmative vote of a majority of its members. In the event the commission does not -149- 0 accepc a proposal recommended oy the city manager or does not reject all proposals, the commission shall seek recommendations directly from the aforementioned review commit- tee, which shall make a recommenda- tion 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 recom- mendations of the review committee, the commission shall_ by an affirmative vote of a majority of its members}: (1) Aeespk accept any recommenda- tion of hie review committee; or (2) Aesept acce t any previous recommendation of the city manager; or (3) Rojeek reject all proposals. All contracts for unified develop- ment projects shall be signed by the city manager or ais designee after approval thereof by the commission. The city manager or a}e 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 unified development projects. The provisions of this Gk aptee charter section shall supersede any otS r Gherter charter or Gels code provision E-5—`£F e contrary. (d) Sales and leases of real property. Except as otherwise provided in this Ghartes charter section, there shall be no sale, conveyance or disposition of any interest, including any leasehold, in real propertyr 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 e public to compete ae-pareaaears-a€ for said real property or any inTorest. kkeee4mv There abaL-1 be pebLae Ratios puree Ge any sdeh saL.er eeRvey►eRee-el-d�rapeekeA. Any such sale, conveyanceL or disposition shall be conditioned upon compli- ance with: the provisions of this section; such procurement methods as may be prescribed by ordinance; -110- and rsoy restrictions that may ue imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or int.erest shall vest in the pepebessr transferee of khe above 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 respon- sible bidder by means of the following procedure: the city manager, the director of the off-street parking authority, or the director of the downtown development authority, as appropri- ate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When the requirement of sale, convey- ance, 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 depart- ment of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposalsL 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 Statesr-te or any department or agency thereof, at to the State of FloridaL or to any political subdivision or agency thereof. (e) Safeguards. (1? Ei3 All persons contracting with the city under this section shall be required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indem- nify the city for any noncom- pliance by said persons with the above laws. i F i ( *44 All persona contract_.ig with the city under this section shall be obligated to pay whichever is. the greater of the following: ��4 (i) all applicable ad valoreii-raxes that are lawfully assessed against the property involved or k23 (ii) an amount to be paid to T'he city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit - making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) �ii4} Any proposal by a potential bidder or contractor that contemplates more than the estimated extent of the city's proposed commitment of funds, property or services shall be ineAigible for acceptance by the city commission. (.4) �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 seek and obtain a report from the city manager and from the review committee that evalu- ated the proposals for the project, concerning the advisability of exercising that right. Seen-SA.--Saws--AIts* at}ewa-er-wedgy€ eattews Incorporated in of sentraets €er publie works or second paragraph of twprsveweRte! subsection (b), above. When it besomee Reeesesay, in the sp#R#eR-a€-the-a�t�►-wawager-te-n�ai�e a�teP$t3eR8-eP-81ed��i@HtieRe-iR-@ eentreet ;or any publie work sit imprevoment Gush ak.terat4sRG or sed4fieek4eno shall be made only when-suther3aed-bar-tau-eewwlSaleR dpeR -the-wr3tteR-r►:eewaendHtleR-e€ tau-e�ttr-asneger.--Ale-adeh-altera- b4oR shall be valid dRtess the Pries to be paid for the work or mataalalr or bebkr under the altered-ar-x�edl€}ed-eeRteaet-Shall have been agreed dpeR in wrt44Rg and Signed by the eeRtraeter and the elty Manager pR4ee to Gush authealaat}eR-by►-the-eslAw�eG�enr See .-6$*--Game--Audet aeeaMnte of vaaankV and tnWeattgatten of off4see whom offtee Upon the death? ee941nak4enr �eme+►a�-of -.ekp4Pat4an-s€-bho-term e€-any-a€€}eee-a€-b�+e-ettyT-ether than dareebee of €3Rane9T the dareetop -a€-€tReReB-aha��-eauee-an audit and 4Rve8433643en of the aeeeunte-e€-nosh-e€€}eel-te-ba-rude and shalt. repert to the e4ky manager* Sec. 20. See.-56. Local improvements. (a) �A} Definitions; divisions into classes. In this section eertain the following words and phrases will a used with shall have the following meanings, unless some other meaning is plainly intended: Incorporated in Sec. 17(a). The main divisions of this section _ are sometimes herein termed paragraph.s_,_ and the divisions of paragraphs are sometimes herein termed subparagraphs. A local improvement is an improve- ment defined by this section and made under the provisions thereof. The word commission shall be deemed to refer to the city commission of _ the City of Miami. i- A highway is a public way embPae#Rg such as a street, boulevard, avenue, lane, alley, parkway, terrace, and or place. A sidewalk is a path for pedes- trians along a highway. A storm sewer is a conduit above or below g_round for the passage of storm water, and-embreees including a pumping station and outT_eT_`wTiere deemed necessary; and it may also embpaee include the building of culverts over sEreams or enclosing of streams where necessary? or advisable to carry off the storm water. A sanitary sewer is an underground conduit for the passage of sewageT and may smbrase include a pumping station and out e w ere deemed necessary. The word "sewer" includes both Incorporated from and sanitary and storm sewers unless a of paragraph defining contrary intention is shown. Class 4 improvements, below. A curb sewer is a sanitary sewer at or near a curb, instead of at or near the middle of a highway. -113- A lateral is a pipe connecting a sewer main with the line of adjacent property or the curbline, as the commission may prescribe, being either a sewer lateral or a water lateral, but does not include a building connect ion, that is, a pipe extending from a lateral at the property line or curbline to the house or plumbing fixtures on the property to be served. Improvements authorized to be made under the provisions of this set, section are divided into €�Me-� seven classes as follows: Class 1. Highway improvements Qm4paee include the grading, paving, repaving`, macadamizing_ and remacadamizing s�and�i,.ng, and oilinn of highways, with necessary drainage, sewer inlets, manholes_ and catch basins, and, if the commission so orders, may-embraee curbs and gutters, sidewalks_ and landscaping, which improvements may be financed with funds available for highway construction. Highway im rovements maX include as a means of drainage of highways improved, a well or wells sunk to a point below freshwater strata and so cased in throughout freshwater.strata as to prevent seepage to or from such strata; urther, in the discretion 67 the commission, an4 suc we or wells may constitute the w o e or a part of a storm sewer improvement under class 4 bel5w. The resolu- tion ordering such an improvement s a Inc u e the location of the we 'or wells with reasons e definiteness. Class 2. Sidewalk improvements embrace include the grading and construc ioE"� F r sidewalks and, if the commission so orders, may embgase curbs and gutters. Class 3. Sanitary sewer improve- ments embgase include the construc- tion of san Mary sewers, the relaying where necessary of streets and sidewalks necessarily torn up or damaged, and, if the commission so orders, the laying of sewer laterals, as a separate improve- ment-y or as part of the main improvement. Class•4. Storm sewer improvements embeaee include the construction of storm sewers, the relaying where necessary of streets and sidewalks necessarily torn up or damaged, and, if the commission so orders, the laying of sewer laterals, as a Incorporated from former Sec. 117. Incorporated from former Sec. 118. 0. separb,.e improvement? or as a part of the main improvement. Storm sewer improvements may also embVese include the building of culverts over er"streams or enclosing the streams�s where necessary or% advis- able to carry off storm water. Xk►e weed-neawera-}Re�delea-�e�q-eaR��ar�► AR�-9I�rePlll-88Mei�8-EJR�888-A�e9R�iPAP� •iR�rARtriel9-38-ek18WR* Class 5. Waterfront improvements sm6raee include the construction of bulkheads, seawalls, and other retaining walls along a bay, river, canal. or lake, with necessary fills and dredging,. and may em6paee include the acquisition by purrc asse, condemnation, or other- wise, of land, rights_ and ease- ments therefor. Incorporated in last of definitions, above. Class 6. Street developments Incorporated from include Ehe ope'nin2l widening -aM former Sec. 115. extension of highways and if the commission so orders, the grading thereof. Class 7. Water main improvements include the aying of water .mains the Maying where necessary o hi hwa s and sidewalks necessary torn u or damaged, an i e commission so orders, he_ aging o water iaterats. Incidental expense em6pseee includes the following items, including reasonable sums paid or credited to the city or any department thereof for service rendered by any department or officer or elerk employee thereof in connection with any such items: Preliminary preliminary and other surveys:; 4 - ;Ropeetion inspection and superin- tendence of work.; Preparation Preparation of plans., specifications_ and es imates*_ Printing printing and -publishing of notices and proceedings._ Preparation Preparation of bonds._ a Interest interest during construc- tion.; 6agal. �le a�1 services and abstracts?;•aver and ARC► any other expense necessary or G proper in conducting the proceed- ings and work herein provided for. f -115- Incorporated from former Sec. 116. l EL Railroad includes all forms of transportation by rail, however powered, not owned by the City of Mlemi'. wbekaer prep@lled br 0.1a94r}eT 14ee&4Rer 9! steam pewer* (b) F64 Authority of Gity c�it�. The Giky-a€-Miami city is aut o ized to make local improvements and peev4de sop -paying topaa the cost thereof as herein provided*, except that the commission shall have no power to oc er he making of any storm sewer improvement as a local imerovement under theprovisions o is section; provided, however thatan special assessmen s already evied and an roceedin s alre_aqy taken in connection wi h storm sewers shall not be re ea ed or affected thisprovision; an provided ur er that all such rocee in s may a con roue an com e e an s ecia assessments eursuant to such proceedings ma be levied under theprovisions of his section. (c) 4G} Initial RreesediRge proceed- 1) A local improvement hereunder shall 6e begin with the passage at a regular or special meeting of the commission of a resolution ordering the same to be made under this section, indicating the location by terminal points and route, and either giving a description of the improvement by its material, nature, character and size, or giving two E2� or more such descriptions with -the direc- tion that the material, nature, character, and size be subsequently def ermined in conformity with one ��4 of such descriptions. A single resolution may embrace only one E4� improvement en-ly or one 0-3 improvement of each of two E23 or more classes of improvements. An improvement need not be continuous and may be in • more than one- �44 locality .or highway, but a highway or sidewalk improve- ment shall be practically uniform in cost and kind throughout the improvement, and a sanitary sewer improve- ment shall not provide for a curb sewer as a part of the improvements and a sewer at or near the middle of a highway incorporated from former Sec. 131. as another part. Nothing herein contained shall prevent the commission from excluding from any highway improvement that portion of the highway wh.ich has been improved by any railroad or any portion which the city mays under the franchise or contract with such railroad, require it to improve. If the resolution shall orders a waterfront improvement or storm sewer improvement, it shall desig- nate the property which the commission deems will be specially benefited thereby, and, if a waterfront improve- ment be is ordered, the resolution shall indicate the proportion of the cost thereof which shall be borne by the city at larger and the proportion thereof which shall be specially assessed. A resolution may give any short and convenient designation to each improvement ordered thereby_r-and-tN a The property against which assessments are to be made for the cost of such improvement shall be designated as a district, followed by a letter or number or name to distinguish it from other districts, after which it shall be sufficient to refer to such improvement and property by such designations in all proceedings, assess- ments, and bonds, except in the notice provided by paragraph �C} (e) of this section. (2) Designation of benefited _ ro ert ; aeportionmenE o cost. Lf the init ial reso u- tion shall order a street development or a wa er ron or water main or storm sewer imerovementp it Shall esi - na a he ro er which e commission deems will e specially ene i e ere some Imes herein refer o as the area of special beneFIEM and Shall in ica e e o or ion or partF the coat thereoFwhich Shall be borne by the Myat large +and t e Rroportion or_Part hereo which shall e specially assesse3—within the area o special ene i s. The ci shall ear one- it o e cost of storm sewers inc u in anpumping station n au eE but excluding s orm sewer -1 1 7- r Incorporated from former Sec. 120. Laterals, and shall bear riot more than 15 ercent of the cos o street eve o men s an no more an percent of the -cost of waterfront improvements ana not more than 15 Rercent of the cost o wa er main im rovemen s an the 'remainder shall be specially assessed witSin e area o special enef its. TT e resolution Pall al so as it may in the iscre ion o the commission state ie opinion or the commission as to the re a ive proportions o special ene its as between the several lots and parcels within such a -reap or as be ween different classes or different locations o propert. within such area such statement of o inion shall not pr;vent the citX manager from s a in different propor ions in the pre iminar assessment ro_ % nor prevent the commission from changing any such proportions in sustainin5 or modifying such assessments indicated said roll in the manner and under e conditions provided ercen. -118- 4 (d) 09 Plans and Spee4f4eakigns Ppepared s ecificationa Erepared by 94ky-MaAagef �city manager an eked filed with 6 - kern city clerk. As as may be Prom"2tly af r the passage of said resolution,_ the city manager shall prepare and file with the city clerk plans and specifications of each improvement ordered thereby and an estimate of the cost thereof, including an estimate of the cost of each kind of improvement if the resolution provides alternative descriptions of material, nature, character.L and size?. whisk Such estimate shall show the eat-imaMed amount of cost and incidental expense to be assessed against property-r and.L except in the case of a storm sewer improvements, the estimated amount to be assessed against each foot of abutting property. The estimate made bX the city manager of the, cost of a street eve o men or a s .orm sewer or waterfront or water main imerovement shall show t e estima ed amount of cost an inZide;tal expense to be assessed' a ains a Eroertyin he area o special ene i s? but shall no show any estimated assessment a sins any particular ro er within the, area or a ains an frontage a 51 ion o suc property. (e) Cost of im rovements. The cost of improvements shall include: (1) labor and material; (2) in waterfront and street develop.me9t im rovemen s, e cost of any property urc ased condemned, or - otherwise acquired, including courE costscostsy attorneys' fees and other ex enses inciden o suc acquisi ion; (3) damages paid or to be paid for injury to property bX change 37 grade or drainage, inciu- ding court costs, attorneys' ees and other expense incidental to tMe e ermine- tion of damage; (4) the cost of retaining walls sidewalks, or fences built or aTtered in lieu of cas payment or such ro rty damage or acquisition, including tha cost or moving or altering any struc ure; an -1i9- Incorporated From former Sec. 121. Incorporated from former Sec. 119. +� f (5) the cost whether in ttie Mature ot damaqes or o er- w se o f establ is in a uzIding setback line or Ines. (f) E64 Publication of kek4ee notice of Wearing hearin . The city clerk, upon the filing with him or her of such plans, specifications.L and estimatee, shall publish once in a daily newspaper of general circula- tion pebliehed in the city a notice stating that at a meeting of the commission on a certain day and hour, not earlier than ken �103 days from such publication, the commission will hear the objections of all interested persons to the confirmation of said resolutionT_ whieh Such notice shall state in brief an7—general terms a descrip- tion of the proposed improvementZ shall state with the location ereo , s a 1 clearl d� escribe any Incorporated from area of special — ene its�and Shallformerformer Sec. 122. else state ha plans, specifics- tionst and estimates of the cost thereof are on file in the office of the city clerk. (g) �F:� Hearing 8bjeek4sRe objections; Repeal repeal or 6eR Irma 3eR confirmation. At the time named in said no iceT or to whisk at an adjournment may -be -taken thh reof, the commission shall receive any objections of interested persons and may-then-op-therea€ter repeal or confirm said resolution with such amendmentay-if-anyT as may be desired by the commission and which d'o not change in any wayr the location of the improvement or improvements; provided, however, that such resolution shall not then or thereafter be confirmed if it the estimate or improvement to which it relates contains items wRich cannot be properly charged to =I the property owners, or it-it-ier y fee aRdefault er de€eet to the passage or eharaeeer 9€ the _ reseldtien or estimateT has an defect which renders it vas or voidable in whole or in part, or it it exceeds the power of the commis- sionT. and-3€-any-ebeeten-sha�� be moss to the resolution an any sueh ground as provided by tae paragraph-�1i1i3-i�eree€* (h) �G4 Recordation of Resolution —`- resolution and Estimates estimates. Within o �24 days after `su`ch confirmation, the resolution confirming the same, together with' the estimate submitted, shall be recorded by the city clerk in a -120- W specAal book to be kept for t,.at purpose, which book shall be known as the "improvement and assessment book"W—and which book shall give the description by lot and block number of all pieces of property affectedy baerebYT together with the esti- mated amount assessable against each lot or portion thereofr which abuts upon or is benefited by the improvement or improvementsT_ whieb Said book shall be Puled kept in such a way that any person can readily ascertain the assessment against any piece of property affected. (i) �W� Manner of Making 9bjeekiemo making objections. All objections off` any improvement resolution or to the estimate to which it refers on he grounds that it contains items which cannot be properly charged to the property owners or that it isT fee has any de€hint-eP defect which rends s it 3n I&be passage aP e aPee•eP of khe Peselub}en eP sskims4 eT void or voidable in whole or in part, or that it exceeds the power of the legislative body of the-munisipal4kyr commission shall be made in writing, in person or by attorney, and filed with the city clerk at or before the time or adjourned time of such hearing. Any objections against the making of an improvement not so made shall -be considered as waivedr. and if an e63eekien shall be rude and av9eFw19d or shall neb be eue- tai.medT-bae The confirmation of the resolution shall be the final adjudication of Abe issue all objections presented unless proper steps s a l be are taken b �the ob ector in a court of competent jurisdiction be seewpo Pe.1ie€ within ben (10} days+ to secure relief. (L r;4 Publication of Nekieo-balling notice calling for B-ide bids. As soon as practicable afEer 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 published in the city, and if the estimated cost exceeds five thousand dollops E$5,000.894 in a newspaper of general circulation throughout the state, a notice calling for sealed bids to be received by the commis- sion on a date not earlier than Fifteen �153 days from the first publication in the local paper, or if said estimate exceeds give kkoweand dopers F$5,000.993, in -121- each of said two E2� newspapers, for the construction of the work, unless in such resolution the commission shall -have 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 shall-F4ave-given gave two F2} or more alternative descriptions of the improvement as to its materials, nature, charac- terL and size, and if the commis- sion aMel-I did not have-tbereke€sre later determined open a definite description, the notice may call for bids upon each of such descrip- tions. No contractor shall be required to take bonds, warrants or certificates in payment?; but payment shall be made in cash upon monthly es imates of the c its; manager to ;4M amountfi+ .�ievy� percen of such estimates, and the balance due shall be paid in cash within si*ky-F604 days after acceptance of the work?_ and kke said -Re&is9-may-state -sdeh-eeRd4- tieRe-aa-ke-paymen&r Bids may be requested for the work as a whole or for any part thereof separatelyL and bids may be asked for any one �44 or more improvements authorized by the same or different resolu- tions, 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 kwe and eRe-h&If �2-1/23 percent of the amount of &he•ir-Pospeet-ive the bids or a bid bond. The bid bond sFiall be in like amount wi corporate surety satisfactory to the city a&kernoy to insure the execution 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 city manager conditioned €er on the performance of the work in accordance with such contract. The commission shall have the right to reject any or all biday and readvertise at may or determine to do the work by tTie city labor forces withcuE contract;` -122- M (k) {J4 -Preparation and Gembomfis contents of Prel4m4wary-Asseeamemt e�� reliminar assessment roll. After a contract ohosholl gave Fas been entered into for an improve- ment embreeed ordered in any resolution, orT-fie eity-shall de the work ikselfy after an authorized improvement to be done by the 'i'� 's labor force has been eN her�eed- r-aRy-reee a 3eP1-a e have been completed, the city manager shall prepare a-Prel#minerr assessment -poll and file khe-same with the city clerkT wh}eh a preliminarX assessment roll which shall contain the Following: (1) Description of lots and lands within district. A7escrip- tion of the lots and parcels of land within the district, which in the case of water- front and storm sewer improve- ments shall include all property declared by the commission -in such improvement resolution to be specially benefited thereby, and in the case of the other improvements shall include lots and lands which abut upon the sides of that part of any highway to be improved or in which a sanitary sewer, except a curb - sewer, is to be laid and the lots and lands which abut upon that side or sides of any highway in or along which side or sides a sidewalk is to be constructed or a sanitary curb sewer is to be laid. Such property, lots, and lands shall include city propertyr and land within the city which abuts upon an intersection as herein defined; there shall also be given the name of the owner of each lot or parcel, where such can be ascertained, and in all cases save storm sewer improvements, a state- ment of the number of feet of property so abutting, which number of feet shall be known as the frontage. In the case of a street development Incorporated from storm sewer or waterfront or former Sec. 125. water main im rovemen e sai re iminary assessment roll shali describe e property in the area o seecial benefits,u ng-ed no s a e the num er or feeto eroperty abutting any such improvement unless such s atement is necessary in describing ro er in the area of special ene i s. -123- ff TT-TOW 4 • O (2) Description of railroad tracks. In the case of highway improvement.L a description of any track or tracks of a railroad as herein defined already laid or for the laying of which any franchise shall -have has been granted, within the portion of the highway or highways to be improved, giving the number of tracks, the distance between the tracks and the distance between the rails. (3) Total cost. The total cost of the improvement which, if made by contract, shall be include the price Reaped stated hrerein or the price compuEee•from the unit prices Ranged stated therein, taking into consi er- ation minor changes and alterations found necessaryr and incidental expenses, actual or estimated. ba -i the city shall is to do th—e work itself, the'cost shall include the actual cost of said work, and iR all eases the ameewt of incidental expenses, eakimabed or actual. or estimated. If the preliminary assessment roll is prepared and Filed with the city clerk after M com e- ion of the work, whether t e wor a done by city forces or by con. rac the total cost o e improvement therein s a e shall be a ac ua cost. (4) Apportionment of cost. An apportionment to be computed as follows, of the cost of each improvement: ineideR#al ewpeRse-�e-be-apSee��eRed-�R sae-eala®-�Pe�ei�#r}eR♦ IN HIGHWAY IMPROVEMENTS (i) �e3 To railroads --To any railroad as herein defined, the track or tracks of which may be in or upon any portion of the highway or intersec- tion to be improved or to which any franchise for such track or tracks shall have been granted, there shall be appor- tioned the cost of such improvement between the tracks and between the rails of each track and for the distance of eight<eeR E184 inches beyond each outer rail, -124- incorporated from former Sec. 124. including switches and turnouts; and when an assessment of such apportionment shall have been confirmed against any such railroad, it shall constitute a lien upon all the franchises and property thereof to the same extent as other assessments herein provided for constitute liens upon abutting or benefited property; provided, however, that where any such railroad shall operate or be about to operate under any ordinance, contract or franchise which provides for the amount, manner and condition of the payment of cost by such railroad, the foregoing provisions as to such railroad shall apply only to the extent the same may not be inconsistent with any such ordinance, contract or franchise. ( Fb3 To city --To the city shall be apportioned the cost of highway improve- ments at intersections, except that part of such intersection cost as is apportioned to railroads, and to the city shall also be. apportioned three -fourths OA43 of the coat of the highway improvement abutting property. The word "intersection" shall be deemed to include not only that part of the highway which is common to another highway, but also that portion of highway which would be embraced within the extension, if extended, of another highway entering into it or meeting it. In the preliminary assessment Incorporated from ro ere shall e former Sec. 126. 'apportioned Eo Ehe city such part of the cost o a street eve o men as may ave been determined by e al resolu- tion, and to the lots an parcels within t9e area of special ene i s, there shall e appor- tioned the rem'aining ar or sucs cost -125- Fed To abutt,,gig owner --To abutting property shall be apportioned the remaining cost of highway improve- ments. IN SIDEWALK IMPROVEMENTS (iv) 4d4 To abutting owner --To abutting property shall be apportioned one-fourth 4444� of the cost of sidewalk improvements, and to the city shall be apportioned the other three -fourths 4;�4� of the cost of the sidewalk improvement, the lots within.a block deemed to abut upon a sidewalk although the latter extends beyond the lots to the curbline of an intersecting highway. IN SANITARY SEWER IMPROVEMENTS (_v..). 493 For improvements at intersections --To the city shall be apportioned the cost of sanitary sewer improvements at intersections. (_vi) 4€� For pumping station or outlet --To the city shall be apportioned the cost of any pumping station or outlet. (vvii) 493 For laterals --To each lot or parcel to the property or curb line of which a sanitary sewer lateral is laid shall be apportioned the cost of that lateral. (vi_ii) 4k4 To abutting owner --The abutting property shall be apportioned either (a) three-quarters 4;�44 of the cost of a sanitary sewer except at intersec- tions, or (b) three-quarters 043 of the cost of an eight -inch sanitary sewer except at intersections -126- as such cost is estimated by the city manager (whichever be the lesser) not including herein the cost of laterals, pumping station or outlet. i;N4-STeq4-SGWGR4M0DAu6MGNT6 4}3--F�eeeereW* E�3--Deserved. �4t�--Daeeevedr JIN4 WATERFRONT IMPROVEMENTS (ix) �14 To city --To the city shall be apportioned such part of the cost of waterfront improvements as may have been deter- mined by the initial resolution. (x) �m3 To lots and '— parcels --To the lots and parcels within the district shall be apportioned the remaining part of waterfront improvements. JIN4 ASSESSMENT OF INDIVIDUAL LOTS (xi) FR3 According to special benefits or frontage --The amount of the cost of waterfront improvements and storm sewers, excluding laterals, so apportioned to lots and parcels of land, shall in said roll be assessed to the several lots and parcels within the district in the propor- tion which the city manager deems to be in the proportion of special benefits each such lot or parcel will receive, and the amount of cost of each highway, sidewalk and sanitary sewer improvement, except laterals, so apportioned to abutting property shall be assessed in said roll against such abutting property according to frontages; rovided 6xeepky that in he case of highway and sidewalk improvements, the corner late shall be apportioned the cost of the improvement abutting -127- that portion of the long side of the lot in excess of -fifty E50} feet in addition to the cost of the improvement abutting the short side of the lot. Notwithstanding the forego n , the amount of e cost of a street developmentor a storm sewer or a wateifront or water main improvement exc u In storm ' sewer a era s in the storm sewer improvements) which in the preliminary assessment roll is apportioned o lots an parcels of IandIn an area of special benefits, shallghall In said F —oTr=e assessed o tSe severe lots and parcels w1 hIn e area of specla benefits In proportion to the special benefitE; which a city manager deems each Such lotor parcel will receive. (1) EKE Preliminary Rell-Adviaegy-Aaly roll advis__er��__onnl�ly. The preliminary roll Shall be advisory only and shall be subject to the action of the commissionas hereinafter provided. (m) 464 Notice of MeaF4Rg-A€tee-R414Rg Rfel4m4Rapy-AaseasmeRt-9e11 hearing after filing preliminary assessmen roll. Upon the filing with the city c erk of the preliminary assessment roll required by this section, the city clerk shall publish once in each of two 424 successive weeks in a daily newspaper of general circulation pe611ebed in the cityT a notice stating the class of the improvement and location t ereo , .end further s a inq that at a regular meeting o e commission held on a certain day and hour, not less than kwelve-f124 days from the date of the first publication, all interested persons may appear and file written objections to the confirmation of said roll. (n) �M� Nearing Ab3eek!eRe objections and Aet}eRe-TheeeeR actions here- on. At the time and place stated in such notice, the commission shall meet and receive the objec- tions in writing of all interested persons. ae-seed-R-sa#�-Re6}ee. Then or —thereafter, the commission shall either annul or sustain, or modify in whole or in part the prima facie assessment as indicated Incorporated from former Sec. 127. Incorporated from former Sec. 123. -128- i 4 i that portion of the long side of the lot in excess of €izfky 00� feet in addition to the cost of the improvement abutting the short side of the lot. Notwithstanding the fore oin a amount off' e cost of a s t ree deveropm;nt or a storm sewer or a wa er ron or water main im rovemen exc u in storm sewer laterals in the s orm sewer im rovemen s w is in the prelimin.ary assessment roll is apportioned Eo lots an parcels of land in an area of special ene its a -hall in said roll e assess;o the severe lots and parEels within Me— area of s p ecxa benefits in proportion o the special ene i s which he city manager deems each such lot or parcel will receive. r (; EK4 Preliminary mall-Ad*i99P)&-8R1y& roll advisory only. The preliminary rolT�sia be advisory only and shall be subject to the action of the commission as hereinafter .provided. (m) E6a Notice of NeaPiP%-A€keP-F414R9 Rpe�€mRary-A99e99n�eR-F�el hearing after filin reliminar assess roll. Upon the filing with —the ci y clerk of the preliminary assessment roll required by this section, the city -clerk shall publish once 'in each of two �2} successive weeks in a daily newspaper of general circulation pv4iisbed in the cityy a notice stating the class of -the im rovement and loca ion thereo and further s a in 9 thatat a regular meeting of the commission held on a certain day and hour, not less than twelve-E12; days from the date of the first publication, all interested persons may appear and file written objections to the confirmation of said roll. (�M1 Hearing Abjeebieae objections and Astiene-Thereem actions 'here- on. At the time and place stated in such notice, the commission shall meet and receive the objec- tions in writing of all interested persons. as-9tabed-im -said-Rekiee. Then or —thereafter, the commission shall either annul or sustain, or modify in whole or in part the -128- Incorporated from former Sec. 127. Incorporated from former Sec. 1Z3. ' 9861 on su,d roll, either by confirm,.og the prima facie assessment against any or all lots or parcels described therein, or by cancelling, increasingg or reducing the same, according to the special benefits which said commission decides each said lot or parcel has receivedr or will receive on account of such improvement. If any property which may be charge- able under this section s�a��-k►ava has been omitted from said prelim- inary roll or if the prima facie assessment has not* been made against it, the commission may place an said roll an apportionment to said property. The commission may thereupon confirm said roll, but shall not confirm any assess- ment in excess of the special benefits to the property assessed, and the assessments so confirmed shall be in proportion to the special benefits. Forthwith after such confirmation said assessment roll shall be delivered to the director of finance, and such confirmation shall be final and conclusive except as hereinafter provided. 01 Assessments a ai st lots in excess Incorporated from of 50 percentof value. =e former Sec. 128. commission shall not confirm an s ecia assessments against an o or parcel of landin'excess o eerc.ent of the value thereo=s last Fixedor taxation_ by or on behalf of the city. Anye ici from the application of thi—s prohibition shall e. c� a_rged_ to the cityaa genera C arge. (P) �N4 Appeal to Ceara court. If the owners of any railroad, —ep-any lot, or parcel of land so assessed shall within asn -F49} 20 days from such confirm,gtion flTe a written verified petition in to%*-a€€aee-e€ I<las-eerla-e€-alas-eareas< a court of 9ade Geank: ,T com etent '"urisdic- ti� setting Forth thate amoun so assessed against any property of the petitioner exceeds the amount. of the special benefit the peti- tioner has sustained or will sustain by reason of such improve- ment, or is out of proportion to benefits, or that the assessment is invalid for any reason wh-atsoever, and shall at the same time file with said the court clerk a written undertaking in at —least the sum of �rwe-I�andred-de��ars-f $200.99�, with a good and sufficient surety_ ae-be imam€4ed 69€sae and appreved 4y. a lie-e+�d-eeriET to the effect that the petitioner will pay to on -id the -129- t city all costs and damages to be sustained by it by reason of such proceeding, and shall, within ten 410� days from such confirmation, deliver �to4 the city. manager OF leave-IR-h4e-eff4ee a copy of said petition, then the validity of such assessment against said property shall be determined in the judicial proceeding so begun. as hope-in- aftep ppevie * Within ten 410� days after the delivery of said copy of petition to the city manager, ep-et-his-a€€eeT the city manager shall appeap-RRd answer the said petition, and the case shall be heard upon such petition and answer and upon such evidence as may be presented to the court. The �wdQe-e€-the-eedpt-ebal�-heap-end detepm4ne the eaweeT in teem OF vaeat�enT-g�viRq-sdeh-geapin�-and detBpiR3Rat�eR-ppeeedeaee-evep-al:� ethep-eaees-se-€ap-as-the-same-may be ppeet}eablev The dee4olen of the-eeapt-iR-sdeh-pgseeed�Rgs-eha�� be €}Raly and OR appeal shall be allowed-enly-if-ppepepl:y-ppeyed-and pep€eeted ten E49� days €psm the date-e€-the-9pdept-�€-the-aaseae- meRt-6g63R®t-sdeh-ppepepty-ahall-be }e-swataiRed-se-pedweed-sp-abated by the eewptr the d4peetep e€ €�RaReB-Shall:-nets-that-€set-BR-the assessment Pell apposite the d9aaP4pt4aR-e€-the-ppepaFty-whew assessment was Be eeRtestedt the seats-e€-any-sdeh-ppeeeed�RQe-shaft be-pa}d-by-the-papty-eemp�a3R�n�-s€ sdeh aseessraeRtr unless the said aaae84MeR4-}s-abated-ep-!a-eeddeed by the eewpt ten 4494 pepeeRt OF mepeT and 4ddgmeRt shall be peRdeped-aga�Rat-h}m-said-papty-€ep the- amewRt-of-sdeh-eeetst-iR-eaee sdeh-aesessaaeRt-eha�l:-bo-�e-abated ep shall be eeddeed ten �49� pereent of mepey eeeh seats and expenses-shall-be-paid-by-the-eity and jedgmeRt Shall: be eRtePed agatnet-tt-€ep-toe-amednt-thepee€. 494 Amount of AseessmeRt-Set-Aa}de assessment set aside by Geupt-Way ge-Ghapqed court may be char ed to City ci�t� or New''ssesomen ell Way-Bpoped new assessment roll may ^be prepared. The amount of Fh—e speclaT assessment against any lot or parcel which may be set aside by the court, unless the assessment upon the entire district be is set aside, or the amount by whicE—such assessment is so reduced, may by resolution of the commission be made chargeable against the city at large; or, in the discretion of the commission, a new assessment roll may be prepared and confirmed in the manner hereinabove provided for Obsolete in light of abolition of municipal courts; superseded by Fla. Rules or Civil and Appellate proceedings. 1 0- the k eperation and confirmatior. of the original assessment roll, except that no notice of hearing upon such roll need be published or given as to any property unless the assessment against it is increased. The commission shall take prompt action as herein provided in case of the reduction or invalidation of any assessment, and any such action shall be noted by the director of finance on said assessment roll, unless a new roll shall be made and confirmed, in which case the former roll shall be a nullity and the right of petition to the circuit court as to the amounts apportioned by the new roll shall again be in force as to such new roll. (r) FP4 Time and MaRRer manner of ReymeRtse 2ayments. Thirty `days after the confirmation of the assessmentst the amount apportioned and assessed shall be due and payable at the office of the director of finance, except as to any property, including railroads; whose owner shall have filed a petition in the circuit court as hereinabove provided, which assessments shall be due and payable *19veR-W4 days after the decision of the court thereupon but not within said 4bir4y- 303 days; but it shall be lawful for the commission to provide by resolution that if the owner of any lot or parcel assessed in excess of twenty- give-dellars-F$25.99} shall file with the director of finance •bong such date on which full payment is required his a written undertaking waiving all irregular- ity and illegality in connection with the said assessment against such lot or parcel, be such owner shall have the privilege of payingng the same in equal annual install- ments in each of the ken (10} succeeding years or such period as may be fixed by the commission, at the time in said years at which the general city taxes are due and payable, with interest upon such deferred installments at the rate of five 05 percent per annum, payable annually from the date such assessment would be due if such undertaking were not filed; and upon the filing of any such under- taking, the assessments embraced by it sha-11 be payable at the time or times so fixed, and with such interest, but any assessment whose payment shall be so deferred may be paid at any time when accompanied by the payment of interest accrued thereon and that which will accrue -131- i to the next succeeding annual date For payment; provided, however, that nothing herein contained shall be deemed to prevent the commission From extending the time 'in which such undertaking as to any.one 4-$� or more lots or parcels of land shall be filed. FQ3 Assessment 6ensk4kw4es-6i9mt sere->:e-asy-�rRH�s�r�AlePl�ie consti- tutes lien; failure to a` ins a1 men s. The said assessments ;Hall constitute a lien upon the property so assessed from the date of the passage of the resolution ordering the improvement,. The lien shall be of the same na ure and e- a -same extent as the lien for general city taxesT and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as city taxes are collectible. Collection of such assessments may also be made by the city by proceedings in a court of equity to foreclose the lien of assessments as a lien for mortgage is or may be foreclosed under the laws of the state,; and it shall be lawful to join in any bill €er foreclosure- suit any one 443 or more lots or parcels of land, by whomsoever owned, if assessed for an improvement ordered by the same resolution; provided, that failure to pay any installment of principal or interest of any assessment when such installment sk ell beaeme is due shall.L without notice or other proceedings, cause all installments of principal remaining unpaid to be forthwith due and payable, with interest thereon at ei*40 percent per annum; but if before any sale of the property for delinquent assessmentsy the amount of such delinquency skallr-be is paid with all penalties, interest- and costs, further installments of the principal shall cease to become due and payable and shall be due and payable at the times set forth in or contemplated by said written undertaking. (t? 4RAssessments Pledged pledged to Ray Rr3Re4pal Ray arinc�z aand ZRberest interest or kiends'bonds or ®epeeikedT�oossited to --ri=e 4}6 credit of anj�=�a�oa�-�m�re�emeRb a� anX capital im rovement fund. All 0 Ch assessments made un er this section since the twenty-first day of August, 1923, and hereafter to be made, for local improvements financed in whole or in part from the proceeds of bonds issued under -132- the p_ovisions of this section-r -re hereby pledged to the payment of the principal and interest of the bonds authorized by this section and issued since the twenty-first day of August, 1923, or hereafter to be issued, and shall when collected be placed in the fund now known as "improvement fund no. 19719 . which fund shall make no distinction or separation as bekwesn-t&be among assessments for different improvements and shall be used solely for the payment of the principal and interest of such bonds as the same shall fall due. All or any of such assessments made under this section for local improvements for which bonds shall be are issued under any other s ec t o of klae-Cberke!-®€-Abe-6r of -Miami this charter or under any other genera or special law or for which any other funds may be made available by the city may be placed in said improvement fund no. 19, or may be pledged to the payment of the principal of and interest an such bonds, or may be deposited to the credit of any capital improve- ment fund of the city, as the commission shall m.a determine. (u) �64 Authorization of ;sswanee issuance of Benda bonds. On or a er The confirmal'�lon- of the resolution ordering an improvement or improvements, the commission may by resolution issue bonds of the city for the payment of the entire cost or any part thereof, including incidental expense, and for the reimbursement of any fund of the city from which any part of such cost shall have theretofore been paid, in an amount not greater than the estimate herein provided of the cost and incidental expense, which estimate, if the initial resolution shall have given two �24 or more alternative descriptions of the improvement. by its material, nature, character and size, with estimates as to each description, shall be the lowest of such estimates_r; but no bonds shall be issued in excess of the contract price and estimated cost of incidental expenses unless such bonds shall have been delivered or sold or advertised for sale prior to the making of such contract. If bonds skull-6e are authorized after such contract is made, they may be issued to the full amount of such contract and the amount paid, or the amount awarded in eminent domain proceedings, for any land, rights.L and easements necessary to -133- be acquired for the improvement, and the estimated incidental expense-rL and a finding by the commission of the amount of a contracts or of the amount so paid or awarded far land, rightst or easements, or the amount of incidental expenses, shall be conclusive for the purposes of this paragraph. An issue of bonds need not be limited to one 4;. improve- ment, and bonds may be issued in one �44 or more series for all ors part of the cost of any one 44� or more improvements. Each series of bonds shall mature in annual installments on such date in each year and in such amounts as the commission may determine, beginning not more than two E24 years from their date, nor extending beyond kwelve-E12} years- from their date, and no option of prior redemption of such bonds shall be reserved; they such bonds shall bear interest not greater an six �64 percent per annum, payable semiannually and with principal and interest be made payable in such medium and at such place as the commission may determine. Such bonds shall be the absolute, general, and direct obligations of the city and shall be issued only in denominations of €i-ve bendred del-Iare4$500.99� or ene-4h@waarvd del-Iara4$1,000.904, with interest coupons attached. They shall be sold by the commission after publishing at least ten-004 days before receipt of bids therefore a notice calling for such bids-r and shall not be sold at less than par and accrued interest; provided that by unanimous vote of all members of the commission they such bonds may be sold at private sale wout advertisement and may be sold at a price not less than mineky-seven esnks-M.97} on the dollar 4$4*98} and accrued interest. They may be made registrable as to principal alone, or as to both principal and interest, under such conditions as the commission may determine and shall, with the coupons thereto attached, be executed as provided by the commission. (. 4T4 Levy of ;aw ;a say, 6ntePeet tax to ayin�t,erest and Rr*neipal- pr�inciipal of Vends bonds. Notwith- standing the provisions made herein for the conservation and pledge of special assessments for the payment of such bonds and interest, the _ commission is hereby authorized and required annually to levy a special tax upon all taxable property -134- with4n the city over and above all taxes authorized or limited by tine 6bepter-a€-tae-ety this charter or other laws.L sufficient ES p"ey`the interest and principal of all such bonds at their several dates of maturityT_L the proceeds of all which taxes shall when collected be paid into the fund referred to in paragraph �R4 (r) of this section, together with Tie special assess- ments in said fund contained?; and said fund shall be used for no other purpose than the payment of such principal and interest; provided, however, that the amount of the *annual tax levy herein required may be reduced in any year by the amount then contained in said fund, it being the intention hereof to provide that such bonds shall be payable by general taxation as other bonds of the city, but that the additional security provided herein by way of special assessments will reduce the amount of such general taxation. (w) �U4 Issuance of Bends Not, Sub- mitted bonds not submitted to Voters voters. It ;hall not be necessary +to`submit to the voters the proposition of issuing any such bonds or making any such improve- ments or special assessmentsy or any other matter or thing herein authorized?_ and the initiative and referendum provisions of the Gharber charter shall not be applicable; all roceedings of the commission herein provided for may be taken by resolution, which resolution shall be in force from and after its passage. (_ ) EV4 Bonds May Be ;sawed max be _ issued to Amempt amount of wnpaig ssseesmonto un aid as—sse'ssments. In all cases in which assessments or charges against property have heretofore been or shall be made for improvements authorized hereunder for which assessments or charges the city shall hold liens upon abutting or benefited property not pledged to the payment of any bonds or other obligations, bonds of the city may be issued to the amount of such unpaid assessments or charges, of the character and in the manner in this section provided for other bonds?; and the proceeds of such bonds shall be used in repaying to any fund of the city my amounts which small have been paid therefrom upon the cost of the improvement for which such assess- ments or charges are made, and in paying any sums remaining due upon -135- Y such cost; and after the issuance of bonds under this paragraph.L such assessments and charges when collected shall be placed in the fund referred to in paragraph ER; (r) of this sections and be subject to the provisions of this section concerning said fund. (y FW3 Ratification of Resolutions resolutions and Gem4raeks con- tracts. All resolutions hereto�'"are pa`s e`d and confirmed and not repealed which have ordered improvements which might be initiated under this section as amended in 1925, and which declared the intention of the commission to proceed under section 56 of the Gharker this charter, and all contracts heretofore made for the construction of improvement's ordered thereby are hereby ratifiedr; and the improvements so ordered may be made and the procedure therefor continued under this section as so amendedT; the provisions of whisk this section shall apply to the adver isemen and letting of the contracts, the making of assessments, the signing of waivers, the issuance of bonds, and all other details herein, sage inse€ar �except as any of said steps skal-l-k►ere e7ere may already have been taken. (z) �X� Proceeds of Bends bonds in 6*99@9 excess of Geets costs. W ere the proceeds of bonds ism sued or to be issued under this section have _ been or shall be found to exceed the costs of the improvements for which such bonds were or shall be issued, such excess may be trans- ferred by the commission to a fund to be created by it foc use only in paying the city's share of the costs of other local improvements made under this section. (a^) E*4 Notice of Wearing hearing of 96jeek4o"S objections ob.to ea eeptanee acceptance of improvements improve- ments. s soon as any improvement o a -Dave has been completed, the commission sTall cause a notice to be published in a newspaper pu6jisked of qeneral circulation in the city, stating a"t at a meeting of the city commission to be held at a certain day'and hour, not lase fewer than 69x-00} days from the publication of such notice, the commission will hear any objections of persons interested in or affected by the said improvement as to the acceptance thereof by the commission. At the time and place -136- 0' 6 mentioned in said notice said commission shall hear such objec- tions, if any, and may then or thereafter accept the said improve- ment. (bb) EZ4 Allowance and Bredik credit `-- fur ;mprsvemenke AlPeady_ _Wad9 improvements jalready made. The commission may make a owances and grant credit to property owners for improvements previously made by such property owners to the extent, and only to the extent, that said existing improvements shall be of value and utility as a part of the improvements for which such assessment is madev; and the commission may prescribe a plan or sys e for fixing and determining said allowances and credits. (s fAA} Description by Ref arenas reference to Swbd3v4s4en subdivi- si" on:`T fixing the assessments Fie ein provided for, whenever any such land shall Dave has been surveyed or subdivided an=platted into small tracts designated as lots or blocks or otherwise, and the owner of any land embraced in the said survey or subdivisions sba-11. Dave has recognized such survey or sub- i'vision by reference thereto in making any conveyance of land therein, or by selling any lands therein by reference abeaee ;theretog, then, and in that event, the land embraced in such subdivi- sion may be described for assess- ment purposes by reference to such subdivision whether or not any plat thereof small have has been recorded. sr -Rely. (dd) 083 Surface 9*4viesy-Sepbie-Tanks rivies, se tic tanks, etre. and the ice. Ihe commission shall have power to authorize and require the use of surface privies, septic tanks and other devices for the disposal of sewage where connection with sanitary sewers is deemed by the commission to be impracti- cabler; eRd to regulate and control the location,. construction, maintenance, care, and use of the sameT; and to compel the payment to said the city of reasonable charges for its sanitary services in connection therewithy; and to make the said charges a lien upon the houses, 1ande.L and premises servedr; and lips-esmmes}eR-saa�� have power where connection with sanitary sewers is deemed by the commission to be practicable, to -137- prohAbit, destroys and forbid uhe use of surface privies. and c�esspools� and all other devices for the disposal of sewage., except sanitary sewers. (_as) �DB� Immaterial ;ere9alea4k4ee irreg_ul_arities and ;1l9gal4t4ee i-all i� es.� The purpose of this act being to provide an economical method by which local improvements may be made, it is hereby declared that no irregularity, or illegality in connection with any of the proceedings herein authorized shall in any way affect the validity of the orders for such improvement or special assessment or bonds or contracts, unless such irregularity or illegality shall substantially affects the rights of said city or its inT abitantsT or the owners of property assessed for such improve- ment. (ff} ADD; Supplemental Assessment ;e 6erree-�A19eieneT-EPrer assessment to correct omissions errors and e a ea mista es. in case of any omissions, errors, and mistakes in making the assessments, or in case of deficiencies., orebkerwireer theRT unless the commission or the court deter- mines that the assessments a r_eaay Me fully equal the amount of special benefits, a supplemental assessment may be made for such deficiencies, errors, omissions., or mistakes; and such supplemental assessments shall be made in the same manner and after the same notice hereinabove provided for the original assessmentsr and shall be a lien to the same extent., and be payable in the same manner, draw the same rate of interest, end be subject to the same penalties, and be in force and collected in the same manner as such original assessments. (gq �663 Copies of Assessments assess- ments as 9v}denee evidence. A cop off' —any assessmeni certified as correct by the director of finance shall be admissible in evidence and shall be prima facie proof of the amount of the assessment and the property upon which such assessment is levied. ((hhh) {PPReal Getate property of 6edAUrT Seaeel Dis4r eke county, school districts, and Re lea a iv*e*ewe �oo __itical subdivi- sions. Dade Counbyr an any-"scc ooT is ricty or other political subdivision, wholly or partly -138- within se4W the city, shall possess the same power and be subject to the duties and liabilities in respect of said assessments affecting their real esketre propert that private owners of Pea -ee ebe possessT or are subject to hereunder, and such real eskabe ro ert of said county, school is ric s and political subdivi- sions shal.I be subject to liens for said assessments in all cases where the same property would be so subject had itL at the time the lien attached been owned by a private owner. {GG6 Sidewalks; Rwbb}sbT Weeds rubbishy weeds and ;Paah trash. e commission s all have the power by resolution or ordinance to prescribe the width of every sidewalk in the city and the material of which the same shall be constructedT` and The commission — shall have power on such notice as may be prescribed by resolution; to require owners of property to lay, construct, or repair sidewalks in front of 'Eheir propertyt. the The commission shall also Have Ffie power on such notice as may be pre- scribed by resolutionT to require owners of property to clear the same of, and destroy weeds, undergrowth, rubbish, debris, trash.- and unsightly and unsanitary matter; to fill in -unsanitary excavations or depressionsr' andL if the owner or-ewnere-skalf does not comply with any such require- ment within the time }inured provided in the resolution, the commission may cause such work to be doneT and may make the cost thereof a charge and-lieR against such property PeepeekiivelpT a lien of the same extent and character es the lien herein provided for special assessmentstL which charge shall be forthwith due and payable unless the time for such payment &Mall be is extended by the commission, with the same penalties and with the same rights of collection and sale and forfeiture as obtain for city taxes. Nothing herein contained shall prevent the city from constructing sidewalks and providing for the payment therefor as elsewhere provided in this section. �WW� Connection with _4atserala laterals. Where laterals shall have eeSenn —constructed or shall be ordered, the commission may require property owners to connect their premises with the laterals and may -139- 0- 0 provide by general ordinance that in case of their refusal after notice is given, the said connection shall be made by the city and that, the cost thereof shall constitute a lien upon the house, land, and premises thereby affected. "The notice last above provided for may be -by service on the owner of the property or the agent who collects his rent, or the occupant of said property, or in the case the said property is unimproved, by posting such notice on the property. The city commission may provide by general ordinance that upon application and showing of finan- cial hardship by the property owner, the connection of the property owner's premises with the lateral may be made by the city and the costs thereof be provided for from any funds available for sanitary sewer construction and shall constitute a lien upon the house, land, and premises thereby affected. The said lien shall be payable in equal annual install- ments with interest for any period of years provided for by the city commission in the general ordinance. Said equal annual installments with a rate of interest as provided for in the general ordinance shall be due from the date such lien is filed at the time in said years in which the city general taxes are due and payable. 411�--Resepyedv (kk) 499� Apportioning goat cost of Senitapy sanitary or Star_m pewee 6aterele storm sewer laterals. In lieu of apportioning tRW cost of each sanitary or storm sewer lateral to the lot or parcel to the property or curb line of which it is laid as provided in this section 46-a€-thls-ae6 it shar a lawful for the city commission to provide in any resolution ordering the construction of two 42� or more such laterals, for the apportion- ment to each lot or parcel to the property or curb line of which any such lateral is laid, of the average cost of each lateral, computing such average by dividing the total cost of all the sanitary sewer or storm sewer laterals ordered by said resolution, including incidental expense, by the number of such sanitary sewer laterals or storm sewer laterals, as the case may be; provided, however, that the provisions of -140- 98 1 this section shall not apply to sanitary sewer laterals connecting with a curb sewer; and provided, further, that any provisions of this aa4d section 56 not adapted to the apportionment of cost authorized by this sectionT may be disregarded in any proceedings which contemplate such apportion- ment. Sec. 21. See.-57. Temporary bonds. The commission of the City of Miami, by resolution, may issue from time to time revenue bonds of the city, bearing interest at not more than six 46� percent per annum, payable at the time of issuance or thereafter, for the purpose of providing funds in anticipation of current revenues, and may issue revenue refunding bonds, with like limitations as to interest, when deemed necessary to provide for the payment of any such revenue bonds or revenue refunding bonds at their maturity; no such revenue bonds or revenue refunding bonds shall mature later than the close of the fiscal year in which the same are issued, except that revenue refunding bondsT issued in the last three 43� months of any fiscal year may mature either in said fiscal year or at any time in the ensuing fiscal year. Before the passage of any resolu- tion authorizing revenue bonds, the director of finance shall submit to - the commission a statement showing: (a) the amount of uncollected taxes and revenues of the preceding fiscal year, (b) the amount of uncollected taxes for the current fiscal year, if theretofore levied, but otherwise the amount of the tax levy for the preceding fiscal year regardless of what part thereof shah -bare -been - remains collected, (c) the estimated amount of the uncollected revenues for the current fiscal year excepting taxes, eRd (d) the amount of all taxes and revenues embraced in (a) and (b) and (c) above, which are sinking funds for the payment of bonds maturing after the current fiscal year, and (e) the face value of all bonus, notes, warrants, judgmentsL and other city obligations to pay money then outstanding or authorized, which have no fixed time of payment, or which by their terms are payable within one E44 year and three 0� months from the date of their respective issuance, except notes issued in anticipation of the receipt of the proceeds of the sale of bonds. The substance of such statement of the director of finance shall be recited in said resolutionL and no revenue bonds shall therein be authorized whose face value, together with the amount of item (e), above, shall exceed sevenky- €eve- 0 5} percent of the remainder obtained by subtracting item (d) from the sum of items (a), (b)L and (c)L above. Such revenue bonds and revenue refunding bonds shall be sold by the commission upon such terms as it may elects but shall not be sold at less than par value, except by a vote of at least four �4} members of the commission, and then at a price of not less than Rinoty-Rine dejjeee-�$99.99} on the eRe-hwRdPed dollars but said resolution may auEhorize the director of finance to sell the bonds authorized by itT at one �;} time or from time to time iR bid djeeeak}en as he deems for the interest of the city, bad provided that any such authority to the director of finance shall - specify the maximum amount of bonds to be issued, the maximum rate of interest, and the minimum price for which they may be sold. The proceeds of revenue bonds shall be paid into the treasury of the city to the credit of any one E:�} or more of the funds for which the uncollected taxes and revenue anticipated are to be collected in such amountL and to such fu4 or funds as may be specified in such resolution, but the commission shall not appropriate any greater amount of such proceeds into any one 444 fund than can reasonably be repaid therefrom to meet the payment of such bonds at their maturity; provided, however, that the validity of any such bonds shall not be affected by failure of the commission to comply with the last-mentioned direction. The -142- proceeds of revenue refunding binds shall be applied solely to the payment of the bonds for whose retirement they shall be are issued. for the payment of said revenue bonds and revenue refunding bonds, and the interest thereon, the place of payment shall be at such place or places in on a or elsewhere as may be designated by the commission. The commission is hereby authorized to levy sufficient taxes upon all the taxable property within the City of Miami over and above all taxes authorized or limited by law, and said bonds shall be the absolute, direct and general obligations of the said city. In each year at the time of the annual tax levy, there shall be included therein a tax for the payment of the principal and interest of any revenue bonds which have matured and remain unpaid, and any revenue refunding bondsL whether matured or not. It shall be the duty of said city, after the authorization of any revenue bonds or revenue refunding bondsL to reserve from current revenues, as received, except revenues for sinking funds for bonds maturing after the current fiscal year, a sum sufficient to meet the payment of such revenue and revenue refunding bonds at maturity, and the interest thereon. Authority to issue any or all bonds authorized hereunder by resolution may be revoked by resolution -of the commission, thereby reducing the amount of authorized bonds and pro tanto reducing the amount of current revenues which must be reserved for their payment. It shall not be necessary to submit such bondsy or the resolution authorizing the same to a vote of electors or taxpayersL and the resolution authorizing the same shall be in force upon its passage. All revenue bonds and revenue refunding bonds issued by said city and now outstanding are hereby ratified and validated. See. 222_ Seev-15av General bonds. (a) Power -to issue; amount. The e4ky commission shall have power to issue bonds of the city for any municipal purpose, except for maintenance and repairs, and except -143- v r . for the running expenses of the city, to an amounts including debt then outstanding, of €lftsAF1-E15} percent of the assessed valuation of all real and personal property within the city limits as shown by the last preceding assessment roll of the cityT; provided, however, that bonds Tor street, sewer, sidewalk, and other public improve- ments, which are paid from special assessments, to the amount for which the city shall hold liens for uncollected special assessments, and temporary revenue bonds as hereinabove provided fo'r shall not. be subject to such limitaton of amounts nor be considered when computing the amount of bonds that may be issued under this section ; and r�ovidded, 12F8Vid8d further, ha t before the issuing of any bonds under this section, the proposition of issuing the same with the statement of the maximum amount and the purpose thereof shall be submitted to and ratified by the vote of a majority of the electors who are freeholders of the city voting thereon at an election called by ordinance, notice of which shall have been published once a week for a period of 15 days in a newspaper published in the City of Miami ewes a weer €eg a (b) Denomination; interest; maturity. Said bonds shall be in such denominaton as the ordinance shall prescribe and shall bear interest not exceeding the rate provided for in the statutes of the State of Florida, both principal and interest to be payable in legal tender of the United States. The principal of -such bonds is to be due and payable at such Time or times, not exceeding thipty 430� years from the date thereof, as the elty commission may, in said ordinance, determine, but not longer than the probable life of any improvement for which the same are issued, as estimated by the e}try commission and declared in such ordinance. Subject to the provisions of the respective ordinances authorizing such bonds, the elty commission may by resolu- tion consolidate into a single issue all or any part of the bonds authorized by any two 42� or more such ordinances and approved by the freeholder electors of the city. (c) Sale of bonds. Such bonds, when the -f9PT �►e-ae�B�abe€era-p�+ev�dedT-eRd-kea been approved by the electors of -144- t M the - -ity, as-bare}a-prev3dad-..,1st whoa sold-F shall be sold by the e44r commission after first advertising for bids therefor?; provided, however, that said bonds shall not be sold for less than par and accrued interest, except that by vnte of four -fifths �40� of the commission said bonds may be sold for not less than a3weIkr-84gbb dgllars-F$98.994 on the one-humdred 4e11are ;$100.99A and accrued interest. The 944)s commission may reject any or all bids and readver- t ise. (d) Ordinance effective at passage. The said ordinance and any subsequent ordinance or resolution to carry out the purposes of the section shall go into effect immediately upon passage and shall not be subject to the right of referendum except as hereinabove provided. �e�--i�eeer�►ed* (e) �€; Taxes to pay interest and principal at maturity. The e}ky commission shall in each year_ while any issue of bonds shall -be is outstanding,_ levy and collect s general tax upon all the taxable property within the city sufficient to pay the current interest there- upon thereon and sufficient to provide for the payment of the principal thereof at maturityT.L provided, howeverp that if, at the time of any such levy, the city shall -save has received and shall holds moneys from any sources applicable to the payment of such principal and interest and for which payment such money shell -have has been pledged, such annual tax evy may be reduced in like sum. (_ �94 Borrowing in anticipation of proceeds from sale. At any time after ratification of a bond issue for advances to the United States Government or-Seeretary-a€-Mar for harbor improvements, at an election as in this section provided, the commission may borrow money for the purposes for which the bonds are to be issued, in anticipation of the receipt of the proceeds of the sale of the bonds?. and-khe The commis- sion may borrow money for the purposes for which the bonds are to be issued, in anticipation of the receipts of the proceeds of the sale of the bonds, and within the maximum authorized amount of the bond issue. Such loans shall be paid not later than three 04 years after the time of election. The -145- 9 8 6 comn,Assion may in its discre«on retire all or any part of such loans through government appropria- tions, current revenues, proceeds of the sale of property, or other funds in lieu of retiring the same by means of the bonds, but in the event of any such retirement of any such loan by any means other than the issuance of the bonds so voted, the commission shall amend or repeal the ordinance authorizing such bonds, so as to reduce the authorized amount of the bond issue by the amount of the loan so to be retired!. and-seeb Such amendatory or repealing ordinance shall take effect upon its passage. Neither such amendatory or repeal- ing ordinance nor such resolution authorizing a loan shall be subject to the right of referendum. Negotiable notes of the city shall be issued for all such loans, which notes may be renewed from time to time; and money may be borrowed upon new notes from time to time for the payment of any indebtedness evidenced thereby; but all such notes shall mature within three 0 years after the election upon the bonds. No money shall be borrowed at an interest rate exceeding six 46} percent per annum. The said notes may be disposed of by public or private negotiations, without advertisement. The resolution authorizing any such notes shall fix the actual or maximum face amount of the notes and the actual or maximum rate of interest to be paid, and the commission may delegate to any officer the power to fix such face amount and maturity and rate of interest within the limitations prescribed in this section, as well as the power to dispose of said notes, which shall be executed in the manner prescribed in this section for the execution of bonds and which may have interest coupons attached, in the discretion of the commission, to evidence interest to be paidv; Rrevided provided, however, that no bond anticipation notes as herein provided shall be issued against bonds voted except against bonds voted for the purpose of harbor improvements in or adjacent to or near the city or directly affecting the city within Miami Harbor and the approaches thereto, and ttre said bond antici- pation notes as herein provided for are applicable only and limited to harbor improvements and shall not be issued for any other purpose. -146- The said notes shall be submitted to and approved by the city attorneys and his written approval shall be placed upon each note or endorsed thereon. For the payment when due of the principal and interest upon such notes all the taxable property within Ahe city shall be subject to the levy of a sufficient tax to the same extent as is herein provided in the case of bonds authorized by this sect ion. kae RartieeleP issue Obsolete; issue aataeriaed*--sae eiby eemmissieA completed, wall have pewee at, one 44MOT er from b}me be klmeT but Rob later baaA ably }T l039T be issue+ E64 Reb-eltee9diRg-aelFen-aaAdPed-€}€by taeweand dollops F$;SBT9A9*A8} bend s-e€-kae-aiby-go P-aRy-Munieipal PHP19e69-Or -Puppeaeer-inelud4nq-toe payment of debt theretofore 0480 PPed fee sees perpese or pdrpeseet-Had-���-Ret-eltesediRg-eRe millien-two-auRdPed-€i€by-the weand dsllaps �$1r858TA8grgg} bends Of the -eiby-€eP-any-pePmeReRk-mdn}@}- Pal. impPovemeAt a property aegdlped there€OPT ineluding peesnabruekieR and repair of meRieipal property and -iReldd4my toe-MaymeRk-e€-debt-ineMrped-pPiep be May 4-T 13Z;T far any sdea perpese* Seen bends shall be sub feet be the same debt lim4be- 4ien s-provided-by-tale-caarkep-€eP bends issued PHPBNaRt to an eleetleRT hub it shall net be Reeessery teat the same be autkor4aed or Pak4;4e4 at an eleetleAT and the iR4b4ak3ve and re€erendmm previsions 0; the Gaarker shall net apply kaepekew Swok bands shall be in evok deRem4AS44GAT saa}} be doe and payeblB-Ht-saes-kim@-eP-times-Ask s�roeeding-koA-ElB�-years-€Pom-kae date-taepee�T-Boa}}-heap -sdea-Fake e€- tntepeek-Ask-awes@ding-eiw-pee sent, �6: pop aRRWmr payable semiaAR!!9}lyT-end-oaall-bB-payable at suss bank or trust eempeny in kae-StHke-o�-�}srida-eP-alaewaerBT ae-kae-@smmlee}eA-by-epdiAaaea-ep reseldt}eR may debepmine* Beta pPlReipa} and interest Of seroh bands-Baal}-be-payable-iw-geld-eeiR e€-kae-i�Riked-State•-off-bae-present sbawdard-a€-weegat-and-€ineRess-and sdea-bands-she}}-be-signed-by-kae mayor-aAd-kae-eity-elBPifT-attested by-kae-elky-manager-aAd-sealed-wits thH-sea}-e€-kae-eity.-lee-iRtereHk eea�eRe-kaerete-aktaeaed-Bael}-be signed by the elby @leek waese s}gaa�are-may-be-}n-€Heeimlle:-Swea bead@ shall be sold by the sity -147- 4 ,� a aaMM*aabeA-a€beP-€ P9b-advePb�ed�R� €eP b}da Rasps€eeT ��ev}d9dT bewevePT bhab bbey shall Rot, be asAd -€eP- sea-bbsA-par-aAd-eeePded 4R4eee947 eweepb Raab by vote of €9liP-��€bMe-�4��}-a€-bb9-eemm�ae}eR ea3d-beRde-may-be-bead-€ee-Reb-�e9a khan -Aimeby-9ggb-de�aPe-F98.g8} 9A bba one hundPed del4eye {$:�98.994 and seerwed 4nberesbv The-s#by-eemmiaeieR-mey-Peeeb-,.�Rj� 9P-H��-bide-and-PeadvePb}ee.--bbe ePd�A9Re@-eP-P@6@�l��r3@R-aklblaePi@�R� egah beRde shall Is into of;eeb �mn�ed�abe�y-epeR-paaeaQe.--AAy-e€ eeek�-beRde-mey-by-ePd�AaRe9-a€-bqe e}by-eemn��ee�eR-be-PeB�ebeeed-es-be RdmbeP I*RdeP gush beeme HRd eeAd4bieRe aAd at, sweh plea@ eP please-with4m-aP-w}baedb-bbe-G}by e€ Miami as bMe eiby sommise-jeA mHyT-in-ebeb-ePdinaAe9T-debePm�Ae: �i�e-e�tby-eemm�ae�eR-aMa��-�R-eaeb yeas-wk��e-aRy-cede-a€-ede�-beRde shall be ewbabandiAq levy &Rd ee��e@b-a-�eRePe�-base-wpeR-a��-bbe tamable pPepePby w4thiR khe e}br sd€€ieienb be pay 'the eePeeRb �AbePeeb-bbePeepenT-aAd-ed€€ie�eRG be-pPev�de-€eP-bbe-paymaRb-e€-bbe p�#we�pe�-abases€-ab-mabe�e}bye Sec. 23: See v-58-A: Anticipation notes. bbe-eemm�ae�eA-e€-bbe-S�by-a€-M�am} shall have pew@PT ab At any time and from time to time after the issuance of bonds of the city shall have has been authorized, whether such fonds be general, special, revenue or other obligations of the city, and, if the approval of such bonds at an election is required, after the holding of such election, the commission shall have the power 0 orrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue. Any such loan shall be paid within three �;} years after the date on which the issuance of such bonds small have beeR is authorized or, if such bonds @ball have beeR are approved at an election, wi'Min five F€} years after the date on which such election is held. Bond anticipation notes Mall be issued for all moneys borrowed under the provisions of this sectionr; awd such notes may be renewed Trom time to time, but all such notes shall mature within the time above limited for the payment of the original loan. Such notes shall be authorized by resolution -148- 0 of tiie commission which reso.Lu- tions shall prescribe e @9 kke denomination or denominations, *hall bear the interest ab awsh rate or rates not exceeding the maximum rate permitted by law or by the ordinance or resolution authorizing the issuance of the bonds, whichever shall be the lesser, ahall-be-jrp-sweb the form and eka��-be-eweee6ed-R-►e�eF� the mannerr of execution of the notes. a1.1 as 4 h a eem miss4en e R a preseribe* Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, they may be exchanged for notes then outstanding on such terms as the commission shall determine. The commission may, in its discretion, retire any such notes by means of current revenues, special assessments, or other funds, in lieu of retiring them by means of bonds; provided, however, that before the retirement of such notes by any means other than the issuance of bonds, the commission it shall amend or repeal the ordinance or resolution authorizing the issuance of the bonds in anticipation of the proceeds of the sale of which such notes shall -have beep are to be issuedL so as to reduce the au orized amount of the bond issue by the amount of the notes so retired. Such amendatory or repealing ordinance or resolu- tion shall take effect upon its passage and need not be published. All powers and rights conferred by this section shall be in addition to and supplemental to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof. Sec. 24. See.-58-8* Execution of bonds. (a) E4. As used in this section_ the word "bonds" shall includs7 all bonds, certificates, notes, and other obligations of the Ci'Ey of Miami, whether payable in whole or in par-t from the proceeds of taxes, revenues or any other source. (b) �2} All bonds herebe€ere sr k►erea€beg authorized to be issued by the city under the provisions of this 6aarbep charter or under the provisions of any general, specialL or local law kerebe€era es here- a€ker spael,edr and any interest coupons attached thereto shall be in such form, shall be executed in such manner, and shall bear such -149- endorsements as may be providea by the 94ky commission; provided, however, that each such bond shall be manually signed by at least one 444 officer of the city. In case any officer whose signature or a facsimile of whose signature shall appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for .all purposes bbe some as if be the person had remained in office until such deliveryT. and any Any bond may bear the facsimile signs -Sure of, or may be signed by, such persons as at the actual time of the execution of such bond shall. be are the proper officers to sign suT`bond regardless of whether albbedgb at e date of such on such persons may not have been remain as such officers. (= �;} Any bonds issued by the City of Miami may be in coupon or in registered form.L or both, as the eiby commission may determine by ordinance or resolutionT. and prev4e4eR Provision may be made for the regis ra ion of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of coupon and registered bonds. (d�,commission or brokerage shall be Incorporated from aio eitner directly or indirectly former Sec. 103. or the sale of anZ bonds or other evi ence oindebtedness or=e Zee.-�S.--Mdw3e�pa�-ee�rrb. -Cat, ablisbmaRbt- Opp ainbmeRb -of -judge er jddgee.--;mere is hereby aebablisaed a mumieipal eedrbT wgisb-ee�trb-eba��-ba-preaiaed-ever by -one -op -mesa-judges-to -be-kRewR a@-maRieipa�-�ddges-and-wbe-saa�� ,be appe4nkod by the eiby eemmis- sieR 4b�--harm@-a€-eedrb;-brim-wibbedb-�aryt Bomb one bbe-MURisipaI-3adgaa-be-aela-berme e€-eserb-ab-sash-bimea-eR�-iR-shah pIaaea-aa-may-be-design ated-by-bbe GommiaaieR €er the trial. of all peraene-ek►erge�-with-vie�abieR-e€ aRy-erd4Rapes a-•€-bks-eibyT-wk:iei� brisk shall be wibbedb iwryT and -150- Obsolete; Municipal courts were abolished by amsudment to the Florida Constitution, Article V, Sec. 20(d)(4 adopted in 1972. endorsements as may be provides by the 94ky commission; provided, however, that each such bond shall be manually signed by at least one �.$� officer of the city. In case any officer whose signature or a facsimile of whose signature shall appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the some as if be the person had remained in office until such deliveryT. and aRy ,Any,� bond may bear the facsimile sig-na�ure of, or may be signed by, such persons as at the actual time of the execution of such bond shall be are the proper officers to sign suTbond.- regardless of whether al4hew1h at he date of such and such persons may Rek hays beeR remain as such officers. (.- �J} Any bonds issued by the City of Miami may be in coupon or in registered form.- or both, as the eaby commission may determine by ordinance or resolutions. and peey4s4em Provision may be made for the regissra t i' ion ' of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of coupon and registered bonds. (d) No commission or brokerage shall be Incorporated from aid either directly or indirec former Sec. 103. or the sale of an on s or other ;vide7c_e__"_oF, indebtedness of e ci y. Zee.-�g*--M�tR3e��e�-e9Yr�ier Fa}--�s�a���ebmeR�t-9�pe�Rts111eR�r-a€-badge or jddgesr--;kOeG }e hereby e@babliShed a MWRieipal eeaP&T Wkiek-eeur-ebe�:�-be-p ee}ded-eves �y-eRa-ee-Reee-�ddges-�e-be-t�RewR as-a��tR�e�pa�-�adgee-and-vrbe-ek►e�� ,13e appointed by the sity eemm}s- sieRr Fb�--�eeme-a€-eedr��-��►�a�-w��l�e�rk-�tleyt a a Abe Aaor--fib-shall-be-tha-dwky-a9 the-mWA49ipaI-�Wdges-to -461d-teeme e€-eeds�-a�-@dek►-��n�ee-end-�R-edeb plaeea-as-may- be-desgReed-by-�t�e semmisaiieR for kke trial of all eRj►-erd4RaROOS-9€-bbe-eikyr-whiea trial 9g611 be Wi4heatr 3WeyT and -150- Obsolete; Municipal courts were abolished by amendment to the Florida Constitution, Article V, Sec. 20(d)(4 adopted in 1972. 13pAR-a-eeAviabieR-A�-gush-pereo„-At POP$GAS -be-aRpose-upon-h3M-er-than owe h-popeIay-as-May-be -provided-by sdeb-ardtRaneo* �6,--Rowers of Judgoof eemkompt of 0Aklrt*--Judge8 Of the MWMisipal eourt @hall have power to suMRoR witnesseaf issue wargaRbs €er apreab Of pep9eRs upA a€€idavab duly-€i�edf-te-adMiR3stor-oaths-and de-a��-other-sets-Reeeeeepy -€er-the per€ermaRse 9€ their duty* ahoy sha��-a�ee-have-the-power-te-puRash €er-eeRtea�pt-a€-eourt-by-in+peea€�g €}Rea -mob -O*eeediRg-€4fby-doll ape F��A*G8}-er-by-aRpriseRn�eRt-Rob-te eueeed th4rty days or bath aueh €ins-and-tr�pr}AeR�+eRt.--the-soots e€-preeeeutiaR-aR-ea}d-eeurt-eha�� be-the-same-ae- are- a}lewed-by-the law in the eirew4k eeupb of the State of Xlepada and sueh seats shall -be-t weed-agaiRst-the-persen er-persons-@env#etedT-ee��eeted-by the-dipoetor-a€-€tRaRee-and-by-h � pa}d-ever-be-the-a}ty-beeasury* Ed3--AbseRea-or -aiskRasa-9€-jddge.--;R ease of the absoneer siekResg er d}sQuaIi€40atieR-o€- any -munie3pai judge! the a4by e911 missieR may desion ate -gene-ether-pergeR-ts-set as ntuRieipaa judge during gush � abaeReeT-eiekReee-ar-d�eque�i€iea- ti@R f-ddpiRg-the-ai@kR8A8T-abaARee er-diequa�i€iaatieR-a€-a��-muRiei- pal judge®! the Rayep shall have the-pewer-and -nay-per€eem-all-the duties-a€-n�uRieipa�-fudge. ` Fed--C ork a€ eeurt.--;he city elerk eha��-be-she-e�erk-e€-the-e9uAt-and '! sha-11. Deep a regard 9€ all. its j proeeadiRge . F€,�--auveRi�e-@€€enders.--the-eewlnlaeBieR mar -by-erdiRaaes-provide-that-all iuveRile offenders as defined in the statutes e€ the state eabah- liahiRg a Juvenile seurtr who vaslate city erdinaResa shall be separately deeketed and tried privately be€ape the MuRieipal judge. Eg}--For€eature e€ gambling egaip- geRb.--file MvRaeapal judge is autheriaed and empowered to ed3udieate-a-€ee€sitars-te-the-City of Miami of all sins of menies bakeR dram geMb1-iRg iMPIO 6RteT devisee- ee-apparatus!-sr-seised-in gan�b�:}Rg-wade-by-pe�ise-a€€�eersT ep-iR-aeRRaetieR-with-eRy-genlbaiRg dousesT-•eha�neT-�ettery-ae-game-e€ shonseT and used in evideRee -1 51- i j flgfliRs�-any-ds€ewdflRt-er-ds€endehte ehasood-with -SAY -violet 46A-e€-any erd3ReRee-er-erd*RaRses-e€-the-6}ty e€-Mlfl�n3r 4h�--lseuanee-s€-seaPeh-werranteT--the �ddges-e€-the-adRielpfll-sour*-shall have-pewee-te-issue-sealeh-walraRte upsR elthop of the €ellswing grounds♦ l.--WheR the plepertr shall have been stelen or embeaaled *R v*elAti@R-a€-lew., a. --When aRy property shall have been -used+ {A;--Qs-a-81@ens-die-e91RNli�'e-Any III*ad@III@AR@P'f-er �64- 4R seRReet*eR with gambl}RgT gambling 4MpleffleRbe and appl*- aReeer-eP ;.--WheR-any-pleperty-is-being -hold or-pessessed+ �a4--lR v4elat*eR 9€ any 9€ the -I M aRufasturer sale and tPenspartat*eR of 4Rtew*eat*Rg-1*guers; 0b4--;n v*elat4an of any of the-laws-el-ardinanees-e€ 4.--A seeleh warrant eannet be *sawed eweapt dpsR probable _- reuse-suppe�+ted-by-a4�€idav*t-eP a€€idav4687 Raving or des- - er*b*ng the persenT pleas or th*Rg to be seareaed and part*ewlaP*r dese.ribiRg the property-er-th�wg-ta-be-se*aed� Re-rasa-wagPHRt-shall-be-*ceded *R-bIHR{f-and-any-auah-Ma!laRt shall be returned within ten days-a€ter-*seuenae-thelee€. .5.--;he Aunie*pal iudgesT be€ere issuing-the-warlantT-Rtlet-have the - further testimeRy, from wit- Ressee ar aupperting a€€�davitsT-eP-depoeitlana-*n wribiRgr to support bee appl*eat*eR.--lhe-a€€*dav*b-and €artery-prss€�-i€-sere-be-had er-Pe,liired�-rust-set-€erta-bee €aeta- trend iRg-be-eatabliaa-the gramRds-a€-tire-appIiaati0R-eP prsbable e9ase €sP believiRg bash-bhey-•*let. -152- 6r--,-Ae Budges e$ the aumie.t,e1. sow rbT-mpOR-a%aminabiam-a€-bhe app4ieabitem and pree€e aub- M4kbedT if 8abie€3ed thab prebab10-eamas-9*49k8-.€er-the Teeming-e€-the-seareh-warrant r shall-therempen-Teems-e-seareh warreAt,-eigRed-by<-hiA-wit,h-hie neple-and-o€€ieeT-be-en)<-eheri€€ and his depd46e9 of pe14e0 off4ser er ether person apthsPiaod by< law to ekeemt,e pre��e�T-ee��anding-the-A€€t,eer er-pereeR-€erthwibh-t@-eeareh the -property -does ribed-in-the WarraRb er the person RaMedT €er-the-preperby<-epee}€�edT-anE� be-bring-the-eaMe-be€ere-hiplr ;r--;he seaPeh warreRb Shelly in a��-easeeT-be-served-by►-aRy�-e€ bbe-a€€peers-�►ent,ieRed-fin-its direekism r-bat,-Re-ether-pee�eR eweepb iR aid a€ the a€€ieer regmiriRg i4T eaid offieer kS4Aj-pr9GSA #v-eRd-aet,iRg-in- its exesukieR* 8r--the-a€€Tee r-a�ey<-break-open-any' amber 4aarT inner deer or window-a€-a-gemseT-er-aRj►-path e€-a-hem8e-er-aRy►t,hiRg-thereiRT be &*saute the wsrraR4r i€ a€be-r due Retise e€ h i a amthee4ky► and purpes@T he is re€msed adm4bkaRes to said house or. assess to aRy,khing thereiR. �.--A-eeareh-warrant,-issmed-under the-p.reviaian8-a€-t,hia-seebaen jsubaaebism 4-aay►T-i€-ewpresoly` amtheriaed- in- ameh-,*arrant,-bye bee-�udga-issu�Rg-t,he-seReT-be aeeeubed-by<-being -served-eibhar iR bbe d8y k4M9 er in the Righbt,�seT-ae-the-ewt,geneies-e€ the sesaaieR may demand or reguirer �Br--Alrl. seared warraRbe shall be issued in dupliestow ;he dup��eat,s-she��-be-de��vered-t,e the-a€€Toot-with-the-eriginH� werraR4T-awd-wheR-bee-s6fieer serves the waPran4T he shall deliver a sepr 169 the person Ranted-iR-t,he-WerraRbT-er-iR-his aboones to some pereeR in eharge a€T er living OR the preRiseer When property, is taken under the warrant, the e€€Test-sha��-deii�rer-to-emeh pereeR-a-wr�t,ben-iRveRtePy'-o€ the -peeps rt,y-t,akew-and-receipt, s€-seaeT-epeai€y!iRg-the-aex�e-iR detailtT and i€ Re pereeR ie -153- "O"Ad 3R pee6eee49A e€ ea@ pret�ase@-waere-edea-property-�@ €ebndy shall. leave the 8844 reeeapt-@�-the-pren�ae•@. 34.*--WpeR-the-so UwVM-A€-the-waprank the a€€i9er @heal attask t h 0 P 8 4 8 Ar thereon a trine aAVeRtery-e£-tee-property-taken WAder-tee-wapt aAtr-and -et-the €yet A€ the aRNeAtery Shall vera€y the same by of€adavat tak9A before some o€€leer adtaeraaed-ire-Adm}Raster-eatasy Ar-be€ape -tee-is amaRg-s€€#eary said-vera€�eatesR-to-be-to-ths €O1l@w4ng a€€sOb+ ;r .r.r.:r tko-s€€aoer-by-when-the-warraAt was-AneAmtedr-dA-sweep-bash-bee abAVe-iR�IaRtePy-eARtaaRB-B-trmA and-detea�ed-aee9mRt-a€-e��-tee pPepePty, taken by Re OR said WaPPaR4V 4.2*--;he-jmdgs-te-whom -tka-Waprank as-yet"PAsdy -up aR-bee-Pegeest 8€-BRy-e�a3maRt-Ar-BRy-perAAR €Pem whom said propePty *s takeRy or the o€€aeon who owesmted the Aserek warranty she��-de�aver-to-said-app��eaRt a-trine-espy-s€-tee-aRveRtery-e€ tee-property-Rent}eRed-6R-the rotmrA-eR-sB�d-werraRt. t;.-=6€ at appears to the judge before whom the warrant i.e rstdrned-ta8�-tee-pPAperty�-eP papers-teksn-flee-wet-tee-aeme ae-desoP6bed-�R-tee-warreRty-eP teat-Caere-ae-Rs-pPebab�e-esdeo _€er-bea�evaRg-tee-awaotenee-e€ the gremnds dpAR Whteh the Warrant-wa8-iBsmAdr-tee-badge may, arder a PetmPR of the prepePty-takeR. ;4.--WheeveP shag knowingly and wilfully ebstrdetr ree4st or sppese any o€€leer or person aadaRg-odeh-a€€�asrr-aR-servant of attempting to serve oP enoedte-eRy-eearea-warranty-er shall assadltr beat er Wound any-person-sr-s€€aoerr-Ar-ate deport}e8-8r-fl88istflRtBy-kReWang him to be amok an A€€aser or Popes R-as-am tasraaedr-skell-be €aged net mope tkaA €4Ve hmAdPed-de�aePsy-er-amprasened Cop Ret more then ea*ty f69} daysw fit. - -Any -pepas R-Whe-akaas}ame�y-and watkemt-pfebabae-eadee-proemree 8-BeaPeh-wBPPaRt-te-be-�e8tled and-e�eeemted-skaa�-be-paned-not map e-than-€eve-handred-de�:asrs er-ampraeened-€er-net-sere-thaw @arty-�6a}-dey8. -154- M Sec. 25. Else, 69. Civil service.Creab#&--of beard; GOP 04w4meAtf #sane s€ Off4est Wasane}eaf ra1ee and rsgw6ab6ener (a) Creation of board a —ointment— terms of Mice; ru es and re u a ions. A civil service 'board of the Eby Of M6amir a men#e#paI-e9rOere risn-a€-kbe-SUebe e€-F6erday-bar-and-bMe-eame city is hereby created and establishedf. and -there There shall be five �V; members cons luting the said civil service board. Three 04 shall be appointed by the commission, and two k23 shall be elected by the employees of the 964y-of-Miami ,c.i���t� with civil service status, RUM said employees with such civil service status. The two �2� so elected shall become members of the board when confirmed by the city commission. All members of the said civil service board shall serve for two k2} years, and they shall take office as soon as appointed and qualified. The commission may remove any member of the board for cause, upon stating in writing the reasons for the removal, after allowing him or her to be heard by the 86t.y commission in khe4e his or her own defense. Any vacancy shall e filled by the commission for the unexpired term. The city manager shall bey-and-k+e 4e-berebyy authorized to prescribe the rules, regulations and procedure for the holding of election for the purpose of electing the two �2� members of the civil service board by the city employees with civil service status. (b) See+ 61-r Same--6aa4rman Chair- erson; examiner; subordinates. mme Gately after appointment, the board shall organize by electing one F4} of its members ohe}rman chairperson. The board shall appoint a chief examiner who shall be a member of the board and who shall also be act as secretary. Tom` board may appoint such other subordinates as may by appropria- tion be provided for. (c) Seer-6Sr--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+ the following osi- tions or-7 eir Functional equivalents: -155- a v Y ( �6� The city manager, his assistants, and secretarial staff. (g) Fb4 The heads of ` depar.tments, mer*bers of appointive boards, jwdgee of. the eiipy esePbT the city clerk, chief of police, chief of fire di*isisR department, and the superint-endent of communications division. (C) Fs} Assistants to department heads; Assis- taRk assistant chiefs of the police; d174e4ent All all ranks —in the police ivision above the classified position of police captain; Assistant, assistant chiefs of the lire gi ear eion department, Gh4s€ chief of Fire prevention; Bireeber director of training in e rire division; Battalion battalion chiefs; Gkie€ chief o fire rescue; Ass sIaRb assistant to the super - in en en of the division of communications; and Bireekes director o corrections. (0) �d3 All attorneys employed by the city. The city attorney shall be the supervisor of all attorneys employed by the c ity.--�kle-eit,y-atkeeRey► and shall have exclusive su�hority regarding, but not limited to appoint- ment, removals and salary as to of assistant and deputy 'city attorneys-v e- epegs ing-Pre vitaieRs of sw6seebieR �44 shall Ask apply to except those attorneys in the classified service of the city on November 1, 1972. AkkerReys Employees with permanent civil service rights appointed by the city attorney to any appiieabie Unelassi€ied the position of assistant or deputy ciT_"aEeor� a ever Shall retain accrued civil service rign s in the position from which they were selected. as may seereed. — -156- "erseaAe; Cm to ees . .th permanent civii rights appointed by the city manager to unclassified positions shall retain @aid accrued civil service rights in the position rrom which they_ �were� selected. as M8)0 148,0e aeerdedv — (2) The classified services shall sempr#se include all positions not specifiMly included by this 6harker charter in the unclassified service There shall be in the classified service three 0� classes to be known as the competi&ve class, the noncompetitive class.L anoEfie labor class. (A) Eat The competitive class shall iAe;wde consist of all positions an emp oyment for which it is practicable to determine the merit and fitness of applicants by competitive examina- tions. (` ;b3 The noncompetitive class shall consist of all positions requiring .peculiar and exceptional qualifications of a scientific, managerial, professional` or educa- tional character, as may be determined by the rules of the board. (C) �e4 The labor class shall include ordinary unskilled labor. (. ) See.-6;r--Sarre-- Rules; examina- tions; eligible lists; eer4i€y&}aqj certification of vacancies. T-he ear T sd dee Subject to the approval of the commission, the board shall adopt, amend and enforce a code of rules and regulationsr which shall have the force and effect of law providing or appointment and employment in all positions in the classified service, based on merit, efficiency, character_ and indus- tryT; whisk shall harry khe €aree aAd 9;feet sf ;awe shall make investigations concerning the enforcement and effect of this article and of the rules adoptedv.; and ;t shall make an annual repori io the commission. Fa3 The chief examiner shall provide examinations in accordance with regulations of the board and maintain lists of -157- 3 m S eli�,_bles of each class of .he services of those meeting the requirements of said regulations. Positions in the classified service shall be filled by labm from such eligible lists upon requisition from and after consultation with the city manager. As When posi- tions are filled the employment officer shall so certifyt kh6-€aebp by proper and prescribed form, to the director of finance and to *the director of the department in —which the vacancy exists. (e) See.-64*--Sane-- Promotion. The board shall provide uniform rules for promotion to all positions in the classified service. (f) Power of suspen- sion, removal, fineZ or demotion. (1) Any officer or employee in the classified service may be removed, suspended, fined, laid off, or redweed-4R-9rade demoted by the city manager or y the head of the department in which be such person is employed, for any cause which will promote the efficiency of the service; but be such ,person must be furnished ww!Eh as written statement of the reasons therefor within five � days from the date of the removal, suspension, fine, layoff, or redweb}eR-iR-grade demotion, and be allowed a reasons le time for answering such reasons in writing, which answer shall be made a part of TEe ecords of the boardt. -and lae-mar-be-awepended-€rem-bae dabs when ewek wribbsR akabememt e€ PeaseR is €wrnished himw No trial or examination of witnesses shall be required in swab ease except in the discretion of the city manager or the head of the department. Any employee in the classified service who deems that he or she has been suspender-, removed, fined, Pedweed in grader laid off, or demoted without -just cause may, within €i€beaR �15, days of such action, by the departmental diveekgriy request in writing a hearing before the civil service board to determine the reasonableness of the action. The board shall, within trkipty 00} days after appeal of the employee disciplined, proceed to hear such appeal. After -158- nearing and considering ;he evidence for and against the employee, the board shall report in writing to the city manager its findings and recommendations. The city manager shall then sustain, reverse, or modify the action of the depar6menka6 department director. Any member of the civil service board and the director of personnel may administer an oath to wit- nesses appearing before said board or before said director in an inves'E gation, disci- plinary or appeal proceedings, and they shall have the power to issue witness subpoenas and to compel the attendance of witnesses. (2) �b� The civil service board shall also have the right to remove or Fedwee demote any official or employee in the classified service upon written charges of misconduct pee€eeped made by any citizen, but only alter reasonable notice to the officer or em to ee aeemsed and `after a 7ull hearing. It shall also be the duty of the board to fix a minimum standard of conduct and efficiency for each grade in the service -re awd-whewevee Whenever it skRa6T appears from the reports of efficiency made to said board for a period of six E6} months that the conduct and or efficiency of any employee haae fallen below bkt6e such mini- mumT standard, that employee shall Se cal ed before the board to show cause why he or she should not be semevedy-awe eV disciplined. If upon hearing no reason is shown satisfactory to the board_ he �the �em�plo _ shall be removed, suspender or reddeed in, grader demoted as the board ek►al-I m._.i determine. (g) See* 66. Same-- Present employees. All persons in the employ of the city holding posi- tions in the classified service, as established by this Chapter charter, at the time it takes efFecE' shall, unless their position be is abolished, retain same until discharged, eedeeedr demoted, promoted, or transferred, in accordance herewith. -159- E (h) See. 6j* Same-- Certificate of board on payroll account necessary before payment of classified service member. The treasurer or other public disbursing officer shall not pay any salary or compensation for service to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bears the certificate of the board, by its secretary, that the persons name 4 therein have been appointed or employed and are performing service in accordance with the provisions of this ChaeteP charter and of the rules established�tEereunder. (i) See,-69v--Same-- Investigations* and hearings. In any investigation or arriing conducted by the board or bZ a department director, any B—oard member and said director, as e case may e, -ishall have Me power o issue subpoenas aRe to require the attendance of witnesses and the production thapeby of beefs and-papePe documents pertinent to the investigation or hearing, and to administer- oaths. t-8 seeh witnesses. Q) See.-69T--Same-- No discrimination in classified service.t-se1iei6a- 4ieR €eP pe4444ear pwppeees pPohi6itedt-pelilt4eal-aeeiv4t4ee. No person in the classified service or seeking admission thereto shall be appointed, Peddeed demoted, eP removed, or in any way favored or discriminated against because of political opinionsT or affilia- tions. No offieeP eP employee of the e44y shell digeetly OF iReiPeetly-sel4e44-eP-Peeeiye-eP-6e iR aRy maRReP eeReePRed iR seiieitiRj OF PeeelviRQ eRy assesemoRty ew6aep4ptieRT OF eeRtelbdeieR €eP eRy pel4kieel paFty OF aRy pelikleal puppese wbaeeveP. No person holding a position in the classified service shall take part in political management or affairs or in political campaigns dduuri�n city workin hours or with personal property belonging to th cif fwptkep 448A to east is 1s8 a eP ewpPees-pPive6e�y-hie-epiRieR. ( k) See.-;9r--Seme-- Penalties. The civil service board, subject to the approval of the commission, shall determine the penalties for the violation of the civil service provisions of this 94arter charter. Obsolete; held unconstitutional in City of Miaai v. Sterbenz , 203 So.2d 4 (Fla. 1967). -160- (1) Seer-;$v-Same Salaries of board and employees. The salaries of the civil service board and its employees shall be determined by the commission and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this Ghapber charter. Sec. 26. Pension funds. Incorporated from former Sec. 89. ( a) The commission of said citZ shall establish a fun2 or funds for the relief or pension of Fersons in the classified service of the cie commission on behalf OF e city, may receive gifts e71ses an be ues s of money or property for the benefit of such fund or funds; may make contributions of public moneZ thereEo on such terms an conditions as it may see i ; an s a ma a rules.and regulations for the mana5ement, i ves men ,, an a minis ra ion Of Such Fundor funds. (b) The commission shall have ower to make con rac s OF insurance with any insurance com an au horized to transact business in this s a e, insuring i s e;ployees or any class or c asses thereof under a pa-MC-7 or policies of grou insurance coveringlife or health or acci en insurance or antwo or more o such c asses or insurance an ma contract with any company ran in annuities or pensions an authorized o transact .business within the s a e for the pensioning of such empl,o ees or any class or classesthereof; or anX and all such purposes the commission may appropriate e funds necessary o Ray remiums or charges incident o e carrXing on of such policies or contracts. Sec. 27. See:-72. City planning and zoning board. (a) Comprehensive planning. The commission a€-gee-Cy►-a€-N}ear is empowered to plan for the future development of the city and, as an integral part of the planning process, to take all lawful actions necessary to implement plans made. In furtherance of this authority, the commission. may undertake continuing comprehensive planning programs and may adopt comprehen- sive plans to guide the future development of the city in order to preserve and enhance the present advantages of the city, to overcome -161- present handicaps, and to prevent or minimize future problems. Continuing comprehensive planning programs and comprehensive plans that may be adopted may include, but are not to be deemed as limited toT: {1) principles and policies to be followed in future development of the cityT; (2) location, relocation, and character of the various uses of land and waterT; (3) location, relocation, and character of public and private open spaces for recreation, amenity, and cultural lifer; (4) modes and means of travel and transportationT; (5) location and character of public buildings, services, and facilitiesT; (6) provision of necessary utilitiesr; (7) conservation, rehabilitation, or replacement of housingT; (8) density of populationT; (9) methods and policies for encouragement of cooperation of private persons and groups in the accomplishment of adopted comprehensive plansT; (10) taxing and financial arrange- ments and long-range.capital improvement programs deemed necessary to implement the planning progr.amT; and (11) land -use control and regula- tory measures and other instruments deemed necessary to accomplish the aims and objectives of adopted compre- hensive plans. (b) Authority to implement comprehen- sive plans. The commission a€ -the City-a€-Miam4 is authorized to use all lawful powers conferred upon the city to implement comprehensive plans that may be adopted and to provide for the status of such adopted plans. Particularly, but not in limitation thereof, the commission is authorized to adopt and enforcer: (1) controls on the use of lands and waters; -162- a (2) zoning of lands and waters, (3) regulations for the develop- ment or subdivision of land; (4) building, plumbing, electri- cal, gas, fire, safety, sanitary, and other codes; and (5) minimum housing codes. (c) Creation of implementing boards. The commission a€-kMe-&#�►-a€-Maas shall by ordinance create the such appropriate board or boards as i may deem necessary to carry out the functions as set out in subsections (a) and (b)i above. The commission may by ordinance provide for the establishment and method of composition of the board or boards; the number of members; the qualifications of its members; T"a staggering of terms to insure Board continuity; the method of filling vacancies; -Me method of removal; the compensation, if any; the- participation of alternate members, if any, in board business; the general rules of organization, procedures, and conduct of business; the giving of notice and necessary public hearings on matters relating to the functions of the board or boards; and other matters deemed necessary by the commission to the proper functioning of such board or boards. The commission may by ordinance make provision for the functions, responsibility, advisory or quasi-judicial duties, and authority of the board or boards created by the commission. The commission may by ordinance set out the standards and limitations under which such board or boards shall operate; the relationship of the board or boards to each other, to the commission, or to the courts as provided by law; and. the method of review of any decisions of such board or boards. (d) Administrative.support and appro- priations. The commission of-tke City a€ Miami shall provide such administrative arrangements, support, and appropriations as it may deem necessary to enable the board or boards established under this section to properly to perform their functions and meat their -163- responsibilities and to insure that proper and necessary liaison is maintained between them and with the 94ty commission. (e) Task forces or committees. The commission may by resolution appoint task forces or committees to serve as advisory or recommendatory agents to the board or boards established under this section on particular problems relating to the areas of responsi- bility and, authority of the particular board. T-he pPevbs#eRs of Obsolete. so@4ion -72-and-elf-edmbRbBtPab3veT Peg eIatoPr- and -IegaI-aPfaRgamenke as they 9*4sted on 9ebe6er ;1.T ;P;Zr @hall PORGim iR €aiI $eree and-e€€Het-t�Rb��-bk4e-e9HIN1i99�HR-kiae bys erd4Ranee pPoseeded ender the aebklBP�byt-eeb-€ertk►-iR-eabeeeb�eR Eel above and aesemp-1}shed the ReseseaPy eklangeB iR 044Y ardineReee as awther4ned by -thie 8e@b�ART-bob-iR-RA-evBRbT-BMe��-bbe �eHBage-a€-appPepP�abe-ePd�RaReeA €eP-bkle-eraab�eR-and-eppe�RbReRtH of emeh beard or beaPdar if aRyT and Reeesear)& erd4RaRee shaRges required hersuRdePT be delayed beyond-enA-�4}-year-1�@yond-tk♦s-date of Pab4€4eati-OR of this 614arber emendmeRtt Sec. 2,8. Bee: 7;. Franchise and public utilities. (a) Re uirements. No right, title or interest of the 6ity-a€-Miami--or any Part &hopee r __c__i__tin and to the waterfront, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, and other public places and its gas, water, eleobP}a electricity, and other works, shall be sold except by authority of an ordinance passed by a recorded aff=rmative vote of four -fifths �4 0� of all the members eleebed be of the commissions and under suc bother restrictions as may be imposed by law. 6ee.-;4.--5swe--AMpPevaI of esdinanee by Obsolete; limitations veto:et -limit ation-on -4upotion-e€ held to be nullified gPentr by Fla. Stats. Sec. 166.021(4), providing We-ePdiAaAea-gPaRbiR�T-PeAew�Rg-eP for municipal home rule leasing bk+e right to wse bke See State V. City of stPeatBr-ai}ey�aT-�eb�e-gre!lRdaT-eP Miami, 379 So.2d. 651 bwjIdjogs-of-bkra-6ity-a€-Miami-te (Fla. 1980). any<-pP�vabe+peeeBRT-pePHeneT-€�Pm eP-eeFps 0at40A-aaaII-bee eme-a-law sP-*9gas biva-in -any -way-until-the same kleB baeR approved by, a 'r -1 64- Et If 3j j maker#�y-e€-the-gwa��€�ed�vetere-e€ the City of P44em4T voting at an e1eet4eR held there€er and the gwestieR e€ its be-ing graRtedT renewed of leased @hall .Rot be ewbm�tted-to-eweh-vote-eseept-wpeR dopes#�-with-the-a#ty-e�erk-e€-the ewpeRse-e€-sdeb-swbm�es�eR-ate-be determined by the eemm4aa!9R4 by the appl}eaRt fee sdeb grentT renewal or leaset and no sweh grantT renewal of lease shall be €er a longer Ser4ed than thirty 439} years and Re seek+ graRtT renewal or lease shall be trans - the eemm4se4eR expressed by erd#ReReet and esp4es e€ all transfers and mortgages or ether deedmeRte a€€eekiRg the title OF was Of eweh grantBT renewals er �eaeee-eha��-be-€}fed-with-the-e�ty elerk within ten 449� days after the-eneewt!eR-theree€v (b) Powers confirmed. provided that ROthiRg Nothing herein contained shall be construed as limiting or applying to the power of the city, which is hereby expressly con- ferred, to grant franchises or to enter into franchise contracts for the construction, maintenance, and operation of any general railroadr over, along, or upon or across the streets, avenues, alleys, and public places of the cityv, Irwrther provided, however, that no fran- chise or franchise contract for the construction, maintenance, and operation of any general railroad over, along, upon or across the streets, avenues, alleys, and public places of the city —shall become effective until approval thereof by a majority of the qualified electors voting thereon at a general or special election, te-be-held-by-the-e�ty-eemm}sa}eRT notice of which eleekloR shall have been be published in a newspaper of general circulation in the City -of Miami city for a period of at least €fifteen-Mdays. (c) See. 75v Same-- Rights of city retained. All grants, renewals, extensions, or amendments of public utility franchises, whether fit -be so provided 4R-the by ordinance or not, shall be subjeci to the right of the city: (1) 493-To to repeal the same by ordinance at any time for misuse or nonuse or failure to begin construction within the time prescribed, or etherwiseT other failure to comply with he terms prescribed:; -165- (Z) to require proper and -~` adequate` extensions of plant and service, and or the maintenance of the plant and fixtures at the highest practicable standard of efficiency.i (3) to establish reason- able stan?ards of service and quality of products and prevent unjust discrimination in service or rates:; and �444 be ftPesePibs tsl3e €ePM 9f Obsolete; provisions aeeedRbe awd 64 aRy< bible to held to be superseded 9llamRe-awl-adds►-brae-aeeeawbs by Fla. Stats. Sec. and-94h 0P-PasePda-of - BAY -eeeh 366.01 at seq. See db}�iby`}-if-a-pdb1}e-9ePViee Florida Power & Light e9MM49e4eR OF SAY ekhop Co. V. City of Miami, atiGk�eP}kr-ie-g3veR-bk►e-�eweP 72 So.2d 270 (Fla. by►-law-be-pP9aaPib9- trMe - €ePm 1954) . e€ asesuRks, €eP pub -lie Wkilikies khPowshout bbe atsa�reT-bkl@-€ePllls-99-�P@BePib@d ek�a��-be-@aRbPa��iRQ-ae-€eP-ae bgey< ler but, blue eemMiaeiew may peeeeP46e Maps deka-i-led €ePme-€eP-bbe-lib��ib }ee-w��k►�w ��e-�dP�ad�etaew* (4) to impose such other regulation—s as may be condu- cive to the safety, welfare, and accommodation of the public. (d) See. fib. Same-- Extension of public utility. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this 6MaPkeP charter and in any original grant here` fter made. The right to use and maintain any extension shall terminate with the original grant. In case of an extension of a public utility operated under a franchise hereafter granted., such right shall be terminable under the same condi- tions as the original grant. (..= 6ee.-7;v--Same-- Subject to terms of 6haPbeP charter; commission and electors not-Tiimited. Every public utility franchise hereafter granted shall be subject to all the terms and conditions of this ChaPber charter, whether or not such terms are specifically mentioned in the franchise. Nothing in this 6gaPtveP charter shall operate to limit in any way, except as specifically -166- r 4 � stated, the discretion of the commissionr or of the electors of the city #R imgee#Rq to im ose terms and conditions in 'connection with any franchise grant. See*-S.--Same-- Copies filed and recorded. Within six E6} months after this SMaPkeP charter takes effect, every publi;utility and every owner of a public utility franchise shall file with the city Eee May be PPeser6bed by er4imaRee}r certified copies of all the franchises owned or claimedr or under which any such utility is operated. The city shall compile and maintain a public record of all public utility fixtures in the streets and other public places of the city. (� See* ;9V Same— Accounts. Accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as to show the true and complete finan- cial result of such city ownership and operation, including all assets, liabilities, revenues, and expenses. Ee3 The accounts Fh all show the actual cost to the city of each public utility owned; the cost of all extensions, additions, and improvements; all expenses of maintenance; the amount set aside for sinking fund purposes; and, in the case of city operation, all operating expenses of every description. ;kay The accounts shall show as nearly as possible the value of any service furnished to or rendered by any such public utility by or to any other city or governmental departments; ;bey they shall also show a proper allowance for depreciation, insurance, interest on the investment and estimates of the amount of Aaxes that would be chargeable against the property if privately owned. The commission shall annually cause to be made and printed for public distribution a report showing the financial results of such city ownership and operation, which report shall give the information specified in this section and such other information as the commission shall may deem expedient. (h) Seer 98r. Same-- Effect on previous grants. Nothing contained in this 6haPeee charter shall -Ge deemed to abrogate or erminate any right or franchise heretofore granted by the city to any public utility, prove e -167- that all public utilities now in existence shall comply with the requirements of this Ghaptep charter and all ordinances enacted pursuant thereto. Seer 44-. Same-- Exclusive fran- chises prohibited. No exclusive franchise or extension or renewal thereof shall ever be granted. Sec. 29. Sea. 1;-A-4. Department of Incorporated from .off-street parking; off-street former Sec. 23-A-1. parking board. (a) There is hereby epeated and established as an agency and instrumentality of the City of Miamir a mew department to be Aamod and known as the "Department of Off -Street Parking of the City of Miami" (hereinafter sometimes called the "department of off- street parking" or the "depart- ment"), and by which kka4 name it may sue and be sued, plead and be impleaded, contract and be con- tracted with and have an official seal f. Obsolete. depapTmeRty skal-I Rob semmomee k ewoineso ep. awepe}oe amy of bho powers -granted-bye-4I4e-Gity-a€-Miami ekia&-erd'iRQR8e-deeI6se-thO-weed fop 414e depapbmeRb and fee 4ke off-sbpeeb park}mg board s€ kke CMG}'-a€-M}ems-k�eea�r�a€dos-epea�ed. . The department, which shall operate and function under the supervisory control of the board created and established in subsection (b) hereof, shall consist of a chief executive officer to be known as the "director of the department of off-street parking" (hereinafter sometimes called the "director of the department" or the "director") and such other officers and employees as shall be necessary to exercise the powers and perform the duties and functions of the department. (b) There is hereby Greeted and established a board to be known as the "Off -Street Parking Board of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the "board") which shall consist of five E;} members. Each member of the board shall either reside or have his principal place of business in the city and shall be an individual of outstanding reputation for integ- rity, responsibility, and business abilityy; but no — officer or employee of the city shall serve as a member of the board while employed as such officer or employee of the city. -168- ) Witi.in 4k4rty-00} days after the c..it.yY commission of the City of A an�4 shall have adopted an ordinance declaring the need for the department and for the board, 4t the commission shall appoint the member; of Ehe oard, two �2� of whom shall hold office for a term of two �2} years, two 42} of whom shall hold office for a term of three F3} years, and one l44 of whom shall hold oFfice for a term of four k4� yearsr_ and thereafter each member shall be appointed for a term of five k4� years, as herein provided. At least ten-E104 days prior to the date of expiration of the term of any member of the board, or within ten %10} days after the death, resignation, or removal of any 'such member, hi;' a successor shall be named and appointed by the remaining members of the board, subject to confirmation by the commission. of the etty* In the event that —any appointment so made shall not be confirmed by the commission within teR 0 0� days after notice of such appointment has been served upon the commis- sion, the appointment shall be null and void, and thereupon the remaining members of the board shall make a new appointmentr ee appe4ntmeR4er-wk4ek-akall likewise be -subject to confirmation by the commission. and-seek Each member of the board —shall be eligible for reappointment. ;he oweesseer in eaek ease shall be appointed and eke&l held e€€tee gap a term of €acre E4� years from tyke elate e€ ewpirataeR of the term e€ his predeeesserT e*eept that any Any person appointed to fill a vacancy shall serve only for the unexpired term. Upon the effective date of his or her appointmentT or as soon there- afier as practicable, each member of the board shall enter-open-kae dw4i9sr assume office but before doing SO-Ii—OShall take the oath prescribed elsewhere in this by seetieR 94- Of e Giky 9enter charter and shall execute a bond in the penal sum of taR thousand cellars W 0,000.993, payable to the department and conditioned upon the faithful performance of the duties of his the officer. w%iek Said bond shal=e approved by the commission of tke eity, and filed with the city clerk!; the cost of the premium on any such bond shall to be treated as part of the co-sT of operating the department. �; -169- ME The Each member of the board shall eaeh be paid a salary of €fifty dallaee-{$50.00� per annumv or such larger sum as the commission of -the elty may establish by ordinancev. payable-in-MoRkhly-}RatailmeRta* Any member of the board may be removed by the commission of the e#ty for good cause and after proper hearing` by-kbe-98MM4964eRT bd�-}€-se-eesneVedT-sway-apply-�e-€Me 61red1k Gedrt of the EleveRth aedlelal 64eed4€ iR and €ee Bede 6eeR€yT Flee}daT €ee a POView Of €be-ae�leR-a€-�kte-eefArnlse#eR� (c) The board shall have the powers, duties, and responsibilities customarily invested in the board of directors of a private corpora- tionT and shall exercise super- visory control over the operation of the off-street parking facili- ties of the cityT. and-all All acts o f the department and of the director with respect to such facilities shall be subject to the approval of the board. The board shall elect one 444 of its members to serve as chairman of the board, shall make appropriate rules and regulations for its own government, and ps?eeedueeT and shall hold a regular meeting at least once a month and such special meetings as it may deem necessaryr. and all ewe k►-ssseet,}sass-shall-be-egeR-to-the pablle. (d) �eesa-and-a€fee-�kte-dale-a€-a�pelsa- meRt- of the €leak membee of the beas?dT the The department shall operate, manage, and control the off-street parking facilities of the city and all properties pertaining thereto now owned or hereafter acquired or constructed by the city or by the department. and-skell-sweesed-te-and-emefeis' all-pewees-Vested-lA-and-sweeeed-to and pe$€seM ell €WRe4leR8 and dd�lee-}sApesed-dpeR-sae-depae�sReR� e€-a€€-s�eee�-paeklR�-a€--sae-e}�y �y-aAd-eRdee-sae-ps'evleleRe-a€-able eety Upon the adoption by the commission 8f the elty of an ordinance declaring the need for the department and the board, all powers, functions, and duties relating to such off-street parking facilities and properties per- taining thereto then vested in the city or any of its departments or officers, including but not limited to the exercise of the power of eminent domain, shall be eRd ape heeeby transferred to the depart- ment, and all books, records, and Superfluous; open meetings guaranteed by Florida's "Government in the Sunshine Law" F1a.Stats. Sec. 286.011. -170- K4 Y papers new eR4e44ng or bereaster acquired in the operation and maintenance of said facilities or relating thereto shall be the property of'and under the jurisdic- tion and control of the department; provided, however, that nothing contained in this section shall be deemed to vest in the department the power to establish .and fix rates and charges for off-street parking service furnished by the off-street parking facilities of the city or the power to issue revenue bonds. The department shall have full power and authority to acquire, own, use, hire, lease, operate, and dispose of real prepeety and personal property and of any interest therein, including the power to acquire by eminent domain preesediRge lands or any }Rterest-tbereln-and rights -of -way and easements upon, in, along or across any public street, roadL or highway for the purpose of con- structing, maintaining or operating off-street parking facilities as shall mav be necessary in the judgment o the off-street parking boardrj and to make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties and functions with respect to the operation, managements and control of said facilities_ -and to promul- gate and enforce appropriate rules and regulations governing the utilization of the services of the off-street parking facilities of the city. (e) The director shall be appointed by and shall hold office at the will of the board. He or she shall be a person of good moral cF�aracter and have an excellent reputation for integrity, responsibility and business ability, but no memier of the board shall be eligible for appointment as director. The director shall receive such salary, payable to aim in equal semi- monthly installments, as shall be fixed by the board but such salary shall not be less than ten-tbeesand de-11-are WO ,000.99� per annum. Before entering open aje detaaer assuming office, the director shall take e oath and execute the bond prescribed hereinbefore for each member of the board. The director shall act as the chief executive officer of the department, shall devote ass ens#re full time and attention to the duti a of ais the office, and shall not engage -t71- 0*4 actively in any other business or profession. Subject to the direc- tion and approval of the board, the director shall have general supervision over and be responsible for the operation and maintenance of the off-street parking facili- ties of the city and shall exercise the powers vested im and perform the functions .and duties -imposed upem him as herein provided. The director shall attend all meetings of the boardr; shall furnish to the board and the commission of kbe e44yr a monthly report with respect to the operation, maintenances and financial condition of the depart- ment of off-street parkingr; and shall from time to time have prepared and shall furnish such reports, audits, and other informa- tion relating to said facilities as may be required by the board. In the event that the director shall for any reason be temporarily incapable of exercising the powers and of performing the duties and functions of his the office, the board may appoint an acting director to exercise such powers and to perform such functions and duties until emeh the incapacity of the director sha= be kermimed. terminates. (f) Subject to the approval of the board, the director shall employ such additional executive and operating ese4ekaRee7 assistants including engineering and oche experts and professional eee3e- keReor assistants as smell may be necessary to provide for the efficient operation of the depart- ment. Included in the personnel to be employed, there shall be the following subordinate officers, whose positions shall be in the unclassified service of the city: (1) A treasurer, who shall perform the functions and duties customarily performed by the treasurer of a private corporation. The treasurer shall be responsible for all funds of the department, For all accounts and accounting records relating to the department and -its operation, and for the preparation of all checks and vouchers requisite to the operation of the department. (2) A secretary, who shall perform the functions and duties customarily performed by the -172- secretary of . a private corporation. The secretary shall have charge and custody of the official sea-1 and of all books, records, documents and papers of the department other than those required to be in the custody of the treasurer. We The secretar shall attend iR person all meetings of the boardr_ and shall keep a correct record of all the proceedings of the board?_ and shall perform such other duties as may be assignede-k►a�-ea-seeearr by the board. (3) A general counsel, who shall be a practicing attorney -at - law of suitable experience. He or she shall act as general counsel for the department and for the board in all matters of law which may ariser and shall prosecute or defend all suits brought by or against the city or the department or the board which relate to the off-street parking facilities of the city. (g) All budgets, funds and accounts pertaining to the off-street parking facilities of the city shall be segregated from all other budgets, fundsi and accounts of the city and shall be as kept that -they► shall so as to reflect separately the financier-condition---a-n-a the operation of each off-street parking facility of the city_ separator'. Not later than one �44 month before the end of each fiscal year the director, with the approval of the board, shall prepare and submit directly to the commission of -the ea y for the commission's aReroval a. budget estimate or expenditures and revenues for the ensuing fiscal year in the same form and like manner as all other departments of the city_ for approval b� the eemmission with the swesptiony aewevert-�i�a�-s�eaa-ba��e�-es��ma�e aemmiesion of the eity, for -its apprevely (h) All expenses incurred by the department and by the board in exercising their powers and performing their functions and duties shall be paid solely from the revenues of the off-street parking facilities of the city.L and -173- i r i no liability or obligation not payable from the revenues of said facilities shall at any time be incurred in connection with the operation thereof. (i) Should there occur in any fiscal year an excess of revenue over expenditures required for opera- tion, maintenance, required reservesi and debt service, then such excess revenues shalll be paid into the oeneral funds of the --city, subject o the provisions of any ordinance of the commission of-trbe eikr authorizing the issuance of parking facilities revenue bonds of the city, and subject further to the provisions of any trust indenture or trust agreement securing such bondsr. be-Pa4d-iRke sae-geReea�-€dRda-a€-Abe-e��y� (j) All powers and rights conferred by this section shall be in addition and supplemental to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof; and the department and the board shall have power, in addition to ewee- e}naRg-Abe-yewers those expressly conferred in and by this section, to do all things necessary or convenient to carry out the purposes hereof. Sec. 30. Subdivisions. a) Plat requirements. Anx owner of lots or 2rounds Within the City who su divi es same For _sa e ShSll cause to be made -an accurate plat of said subdivision describing With certain_ty all grounds laid out or gTanted for streets or other eublic uses, Lots intended For sale s a e numbered rc ressive numbers or escri e e squares in which situatedt and the precise length and width shall a given o each o so or intended ror sale; such a s a be su scri e e owner, acknowledgea More an officer. allthorized to take =a acknowledgement of ee a ; roved by the director or public works,, and recorded in the office of e clerk o ;ircuit court in and for Dade County, rloriaa. No such a shall e approved unless it clearly Ives an accurate escri ion o e property showinR section corners or uar er-sec ion corners or aT leastin a propertt to one or more sections or quarter - section corners or aovernmen monu— ments. -174- Incorporated from former Sec. 99. (b) Supervisor of elatsm.. the director of public works Shall a su ervisor of plats oF he city and shall rove a regulations governMg te elatting of all lands so as to re uire all s ree s ana alleys=o be o proper widthwiathy to be cotermi- nous with adjoining streets and alleys, an o erwise to conform to e regulations prescribed. henever said director shall deem i ;xpedient to p1aE any portion of territorX within the city limits, within which he necessary streets or alleys ha not already een accepted t e cityt so as to become u is streets or a e s, or when any person plats land within e corporate limits or within Ewa mi es thereor, the irec or o public works shall, if sucha s are in accordance with the' pre- scribed regulation, endorse his or her written approval ereon. No at subdividing lands wi hin e corporate limits of the city or within two mile; thereof shall e entitled to record in the o ice n he c er of the circuit court in and for ade- Countyt lorida, without such wri en approva . (c) Streets or alleys not accepted unless laid down on at. No streets or alleys excethose = down on the plate,reFerred to in t is section and bearinge approvalappr*oval or the director or public works as hereinbefore provided' or shall subsequently in any way ' e accepted as public streets or alleys a ci y, no; shall an public Funds �be expended in the re air or improvement or s ree s and alleza subsequentiz laid out and not on such a is restriction shall not applX to a street or alley ai out e cit nor to streets, alleys, or public grounds laid out on a pla or with the approval of the director of public works. (d) Acceptance and confirmation of street or alley a ica ion. o streets or alleys ereo er dedicated to Rublic use b the owner of groundin the city shall be ; med a pu=lc street or alley, or under the care and contF-01 0 s; the commission, unless the edica- ion be provided in the plat or by warrantee or other instrument of g ran t ; unless the grant be accepted and con irme res- u- ion passed for that Rurpose; an un ess a provisions o is charter relating to subdivisions shall ave been com2lied with. Incorporated from former Sec. 100. Incorporated from former Sec. 101. Incorporated from former Sec. 102. Sea. 31. Seev 02. Beeker seesrdor esew Conduct of a city business comeeneaEMP duties,and osEha o officers and employees. (a) Books and rec rds. All books, records an documents used by any city officer in his office or pertaining to his dutiesT shall be deemed the property of said the city, and the chief officer -in charge of such office shall be responsible therefor. Any such officer or person made by this section responsible for the keeping of such books, records., and documents shall, within three l;; days after the end of his or her term of office, or within three days after the date of his or her resignation or removal from o771'ce as the case may be, deliver to the city clerk or to his or her successor in Mice all such books, records, and documents. Any such officer or person failing to deliver such books, records or documents as required by this section, shall be deemed guilty of an offense against the city, and upon conviction thereof be€ere-trhe eitry-eewrt shall be fined not more than €r►e-klwRdred-de��aee-E�SQ0.88� or imprisoned for a eeriod not exceeding s4*4)-days. b) Office hours; availabilitt of books Incorporated from and records. The commission.is former Sec. 94, he;eby authorized and empoweredg by appropriate ordinance o Fix the days and hours during which a public offices oF the city shall e keet open f9r business. All books an recor s of e�;ery office an department shall e open t the inspec ion o an ci izen a an ime during such business ours subject to the proper rules an regulations for the erriFient conduct or the busin-79-9--o-r such department or office. (c) See.-8;: Bonds of officers. Except in the case of officers whose bonds are specifically provided for by this Ck►arkOPr charter, the commis- sion shall det re mine, by resolu- tion, whether eweh officers, clerks, or employees shall give bond and if so, th`e amount or penalty there- a'F. All officers required by this Gkoeter charter to give bond, and all _Mi'-cars, clerks, and employees of -whom bond is 'reiVired by the commission, shall before entering upon their respective dutiesT give bond with surety to be approved by the commission, conditioned See on the -176- 4 I faithful performance of the duties of their respective officear. wh}eh Such bonds, unless otherwise spe`cificall-y provided by this 6aarte*? charter, shall be payable to aa3d Ehe ci y,r and 4R shall provide such penalty as the commission may by resolution prescribe. The commission shall accept as surety on any such official bond a good, solvent surety company authorized to do business in the State of Florida. The premium on any such bond shall be paid by the city. Unless otherwise specifically provided in this Ghegtregy. charter2 all such bonds shall be filed with and preserved by the city clerk. d) Compensation of officers and Incorporated from employees. a commission shall former Sec. 90. fix by ordinance the compensation of e city manager, city attorneyt and i clerk. a city mana er s a ix the number and salaries or com ensa ion of all other off icers and emplo, ees except as otherwise provided in this charter. The salaries or compensations so fixed shall a uni orm for like service in each grade of the service as the same Shall be graded or classified a city manager in accor ance with the rules an regulations adopted by the civil service board. ees and money 77F'eMed or collecEed by officers and em o ees ;hall a paid into e city treasury. (e) Oath of office. Evert officer of e city Mally before en erin upon the duties of orriceorricep take an subscribe to an oath or -affirma- tion, to Ge f iled and keptin the office of the -clerk, a e or she will supportt protecF-,and de end e constitution and laws of e United Sa es and of e State o o n a and in all res ec s faithfully isc ar a the duties o e office. Incorporated from former Sec. 91. f) Clerk may administer oaths. The Incorporated from ci y clerk or the_ Cityo_ Miami, former Sec. 91.(a). Florida shall have the ower ano is hereby authorizeautharizeZr to administer oaths. See.-84.--General-laws-to-apply.. ALI geReeal Iawe e€ the etatre-r appl4ea4le Irre munieipal eeepeea= �igmsr heretofore OF hereafter. ewaetes &Rd whjeh age Rot iR e9R€i}e6 w}tph the pgeViaiaRe Of khaa-Chattar P-w h -egg}RaRees-ea geeejwtieRs hereafter eneeted by -177- Incorporated in Sec. 33(e). = kbea eeMm48e4en pareeant to auther44y eon€erred by this Gkopkerr Shall 6e app-14e6111e to sold-slkyt-prev�tdedT-Mswe�arT-kl�ak Roth inI-@@Rka4Rod -in -khi8-Charter ak►alp-be-eenetrwed-ae-�lm6king-tl�e power of the eeMm6e8€sR to enesk say+ePd3RARe@-er-reselwt�aR-net-�R son €1#ek-W444-th9-gone 44buk4on-of the stake or with the express prs�r3e}epe-a€-kklle-Ci�erter� Sec. 32. Continuity. See'r 85* &*!eking erdinaR@ee-eeRkiR4iedr (a) Existing ordinances. All city ordinances, resolutions,and or regulations in force at the this Gh arker charter takes effect, and not inconsis ent with the provisions kNoree€r hher�eo,f.,.tare hereby continued in force until the same shall be duly amended or repealed. (b) See. 86* Cenk4Rwsmee of preeeRt Present officers and powers. All persons holding office inT or employed byr the cityr at the time this Charter charter goes into effectr shall continue in such office or employment and in the performance of their dutiear until provisions shall have been other- wise made in accordance with the provisions of this Gkorkee charter for the performance or discontinu- ance of the duties of any such office or employment. When such provisions shall kev9 been are made the term of any such officer shah' expires and the office shall be abolished. The powers which are conferred and the duties which are imposed upon any officer, board, commission, or department of the city under the laws of the state, shall, if such officer, board, commission, or department is abolished by this Charter charter, be thereafter exercise-Fa`nd discharged by the officer, board, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this Charter charter. (.� Sae. 8;* Present contracts•seR- kinwed and proceedin2s. All rights, actions, proceedings, prosecutions, and contracts of the citYr or oT any of its departments or officers pending or unexecuted when this Charter charter goes into effect, and not ins o sistent therewith, shall be enforced, continued, or completed, *in all respects, as though begun or executed here- under. -178- A (d) Present titles and rights._ The i t I e ri g h t s ana ownership o proeerty, uncollected taxes ues claims, u men s ecress, an c osea in action held or owns e ci a e time o e ado ion of this charter shall ass to and be vested in Ege municipal corporation her;b7 organized o succeed such municipality. (e) Acts under former chartdrs. All acts an-�proceedings of the commission or of ariy officer of the ci one or taken pursuVt F_a_Fh_e provisions or the Rrevious city charter are hereby ratified. Incorporated from former Sec. 95. Incorporated from former Sec. 112. See.-88.--Rawer-be-I�ppeini�-beards-er-eemmis- Incorporated in eisws-a€-aibiaeRs. Sec. 14(b). �k1e-@ARmiBBiaR-mare-a�-true-PagweBb e€-bMe-eiby►-manegerT-eppeiRb-beards er-eemmi88ieRaT-be-be-eempeeed-s€ aweb RwmbeP of eibiaeRs ae the @emmissieR may doom expedieRb be set in an adv}sery< espeeiby► in, @eR3wR@44eR With any eRe �}4 er Mae e-e€-bk►e-depaP�illleR�re-eeeabed-er adthe riaed-aeeeby<.--�be-Members-e€ all swab beards and eammise4oRe ek�aii-eePve-wibMewb-eampeneabieRr and -mays-lae-Pameved-ab-anp-time-by<-a ma�Qriby►-+retie-a€-bi�e-eemmiesieR. See.-8�*--RensieR-€finds. Incorporated in Sec. 26 Eat--�k►e-eemm�ae 3eR-a€-aa�d-@}by<-sk►sii esbabiish-a-€wRd-ar-€wRds-€er-bbe Pe�ie€-er-peneieR-a€-pereene-in-bae elasei€ied sePviee of said eibyt may,- reeeive gi€tier deviseer begwesbs-a€-money-ar-peeparby<-€aP bMe-hews€ib-a€-ewek-€wnd-er-€lfRdef may- make eartP�iwk}eRe of pw614e moneys thereto OR ebeh germs and @eRd�biaRe-aa-ib-mey<-sea-€ib f-and shall make Pulse and regwiabieRe €er-khe-managemeRbr-invaebmeR4-and administration Of aweb fund or €wndes eity, eemmieeieR shall have pewee-te-make-sentraete-a€-inewr- aRe9 with any iRewranee sempany awtaePiaed-te-traneaet-bweineea-iR #hie-atateT-inewPiRg-ita-emp�sy<ees or any @lase ee elaesee thereof wRdee-a-pe�iey<-eP-peiieies-a€-gPewp iABwPaRee-@ave�iRg-ii€8-er-be8�tb or ae@idenk inewPaRee or any two � } or more of ouch eIaaaes of iReweaR@@-@Rd-may-@eRtraet-N3t�-any oempany granting aRRwiiies OF peRBaeRe-and-awtk►@Piped-tii-tPaRaaet bweime9s-within -tyke -stets-€eP-khe peneieRing-a€-ewek-empie�►eee-er-any eiaea-ee-eiasaae-taeree€t-and-€e�* -179- any and all amok pupp@ees may sppPspP}aka-eml3-a€-Its-�rP9e9mPy-eRd men ey-nee aaaaPy-be•-pay-premlmme-eP akarSea-�R@3deR�-tA-I,�he-earrylRg-eR e€-emek-p@lla3ee-or-@sR�Paets. Sao .- PDT --Goape "aaUion of offleers and Incorporated in Aapleyese. Sec. 31(d). The eemm}seism shall 6ls by ePdiRHRe9-hive-eempeRsab�eR�e€-bhe e3#��-asRageP�-keada-a€-depaP��eR�eT mon4sipal jvdgea and tke e4ky ejerk .--bhe-e}by-manager-she}�-€l* the-Rmaber-and-ealar}ss-eP-e9mpeR- sab4eR of all abheP offieere and empleyeee. ;he salaries or, sempeReatleRs as €i*ed shall be unifeem pep l4ke aerates in soak grade of the seralee-as-bhe-same-shall-be-gPaded eP-elaesl€led-by-bhe-e�by-manager in aseePdamee with the Poles and Pegmlatiena adapted by the elan ampules-beard.--All-€ems-and-meneye reeelaed-eP-eelIse bed-by-e€€Isere and employees shall be paid lRte bke-elty-breaemPy. Sse.-lid.--Dath-s€-a€€les. Incorporated in Sec. 31(e). Gaery offleer of the- elty skallr be fops -eRbeP}Rg-mpen-tke-dmbiae-e€ kls-e€€leer-�a{�e-and-ambBeribe-te aR-sath-er-a€€lPaebleR�-be-be-€}led and Itepb iR the e€€lee 9€ the eeaalss3eRT-bkab-ke-will-amppePb� prebeet-and-de€end-bk@-eeRebltmblew and-laws-a€-bke-4�Rlted-5tabea-and e€-bke-Sbate-a€-Flerldar-and-lR-alY Peepeete-€albk€rally-daeekaPge-bke dmbles-a€-i+le-e€€lee. See.-3�4a3e--Cis:k-aay-adalR}abet-•al}hs. Incorporated in Sec. 31M. The sity elerk of bhe slby► of M}aa}T-filer}deT-akall-taus-bhe peNeP-and-}a-kereby-ambkePlaed bs-ado}R}giber-9etker See.-S:--Cenbraet�s. Incorporated in Sec. 18(b). We-eentraet-€eP-€mPR3ak}Rg-atipplaes eP-seraleea-€er-the-e3by-eseepb-89 stkerwlse-prealded-lR-bkle-CkaPbeP stall-be-r�ede-€eP-a-peeled-e€-asps tkaR-ens-(rl�-year. Sse.-p}.--Sult�a-agaans-bhe-elby. Obsolete; substantia-ly superseded by Fla. We-era}t-stall-be-malRtalRed-BgalRet Stats. Sec. 768.28(6). tke-e3by`-€er-dan�eges-ePla}Rg-edb-e>: any-teFtr-mRleaa-wpik6OR-Ret399-e€ amok-eta}a-waeT-wlbklR-'arty-�6D} Jaye-a€ter-bke-day-a€-raeelalRg-tke inimey-ollegedy-given -te-the-elty attseRey-w�tk-spael€leatlena-as-te fi.lee-aREl-pleas-e€-bee-tR�wPy.--lt -180- 4 shall be the duty 9€ the siby abbePReyT open Peeei*ing swok nebiseT-ba-prempk}�-iR*esbigake-bk►e mat�beP-and-lar-b4�e-€sober-atlppePbed by bive eMideneeT before bae e44Y ee+sn}es}eR-3R-a-wP3bkeR-PeperbT-aR�! toe-@ammisaion -May T -by -Peso }tlt}enT after- invest 4jab4Rg r-make-PeaseR- ab}e sebb}emeRb far the iRjWPr stl€€ePedT R* deny liabilikr and dirget- the -eib-atberne�►-te-de€end aR�►-etlit-bPetlgab-€aP-bbe-Peee�er� e€-dsmagesw Ses:-94w--8€€lee-�{atlrew }k►e-eemmiesieR-a€-tas-&ib�-a€-N}ors} ia-hereby -awbaePiaed-and -empowepod 49T and it e4a}lT by appeepPiabe erdinaReer determine and €im the days and hours during waieh all pub}}e-a€€isee-e�-tas-City►-a€-4+liaMi Shall 69 ltept apeR €eP btleiaee@T and-a}}-beefs-and-P9esPd@-a€-a*ePy+ e€€iea and depaPtmaat Shall be opened ke the }RepsetieR of any e4t4iA8A a 8 R Y tiM9 dtlPiRg etlea business aetlPST ewbjeeb to the proper rules and regulations gap the 9€€ie4on4 eeRdwet 9€ bae bweiReas 9$ owes departmeRk eP off4ee* Incorporated in Sec. 31(b). 6ee:-9Sw--Ra8aage Of titler rigkter stew! Incorporated in under-Caasterw Sec. 32(d). ;ae-kiklar-Pilk ke-and-ewRePsaip-e pwePOP byr-wRea}}eebed-torsos!-dtlaer elaimsr judgmeRbeT deePees and &%ease -in - peso to and be *asked in the munisipa} eerperakien hereby► organised-te-atleeeed-sues-Mtlnie}- paliky►w Zee.-i�6w--Caarlteb�e-iwatittlblewat A}} iRstikutiener pri*abe er ptlb}}eT-doeling-wits-d@}�RQtleRteT at dependeRkeT er a}esET sae}} aet4rM}t-tae�r-plena-@�-ergan�aabiaRT per9eRRe} 94: @@RbPe}}}Rg beard! mekaede-a€-€inaneing-end-eepaeiky� #re the depertMeRk of pd614e welfanew Obsolete; functions. eliminated or transferred to other departments pursuant to authority granted by Sec. 14(a). Sea.-9�.--Appreprtabiew-eP-ptlblie-eP-prl*ak• Obsolete. Also, see eNar}tees. note to former Sec. 96, The aemmiseien shell make Re appropriation 09 ptlb}ie €wade kewae+de-t4ie-mfl�n6eRaRee-aAd-adppert of any, private at ptlblie eaarity, s+�eept-apeR-eeRdikieR-fast-the-eit� el�al}-ae*e-repP619entatien-apeR-kiss beard Of diresterer beard of managers-er-etaaa-ge*erning-bsdy►-a€ -181- sash-private-er-publis-ekaPit})<r-and that,-e-deb a}}ad-€}RaRe4a}-Pepepty she" 3Rg-a}}-r��e}pie-aqd-d#e�erse- �seRte-by►+emeh-ekerity►-shall-bs-gads be-ipha-difOaks P-a€-publie-we}€are at }east ones in see% yea:. But RethinI-he to4R-shall-It e- some trued to pPeveRU the eity €Pars seR- tpaetlRg with any hospital or elrNller-iRetitutien-€eP-the-ear@-9� iRdigeRtr-eiel�-eP-iR�ured-pePSORar eP-€eP-ether-servi9e9. See.-pti.--8uread-A€-legal-aid. Obsolete. }h a -e a Rr� � e s } en-aka}}-have-pewee-te establish a bureau of }age} aid ugder-sash-Proles-and-pegslfltienA -as the semmi-9aieR shall preseriber whi-eh bureau shall be wAder the direetieR-a€-this-d}rester-a€-publie we}€age. See.-p�.--Subdivieieas--l;lat-requlPeeregta: Incorporated in Sec. 30(a). QRy►-owner-a€-lete-er-greuwda-within the eityF who subdivides some €es Oa}e shall eause to be road@ an aeeupate-plat-e€-said-subd}�►iaien deeePibing with eertaintr all greunds laid Out or granted €eP atgeeter-er-etkeg-pub}le-uses♦-feet@ iwtewded-€er-gale-shall-be-Rmrsbered bye-pgegrseslve-nursbsgs-sr-maser}bed by the eguarea in whtek► situated and the pre@tee leRgth and width Oka}�-be-glMeR-a€-eA@k-het-said-er }RteRded-€er-sales-ameh-plat-shall be subseribed by the ewRegr aelFRewledged before OR a€€}es, amtherlaed-ts-ta{Ea-the-aeltRew}edge- • Mont'. 9€ deader approved boy the diPseter Of publ4s Oervieeer and Peeerded-iq-the-s€€ies-••€-the-elsPk 9 eiPeuit seurt in and €er 6ade GouRtyr €lerida. We Omsk plat &hall be apprevedr unless It a I a a P -gives-Hq-aeeugets-deser�rp- t}eR Of the praperty► showing 9oet4aA-eePRere-or-guarteP-seetleR eerROPs as at, }east ty 4RI said Property, to OR@ s 4} Or Viers agetieRe-er-gmaPt@g-99etieR-@ePReg eg-ether-govePRlpeRt-nreRmlllegt. See.-tAG.--Saee--Srrperlv�teer-e€-plats: Incorporated in Sec. 30(b). the dirseter et: publie serviee shall be swperviser, a€ plate of the eity►. Re shall prevido regulatisws-geverReng-the-plAtting e€-all - lends -se-es-te-regerire-all streets-HRd-elley�s-tie-be-a€-prepeP wldtl�►-HRd-te-bay-seteralRaus-with Hd�o�niRg-etPOets-HRd-Hl�aye-end st'herwise to eeR€arm to regmlH- tiens-pr@ser�rbod-b>`-h}rw:-Whenever ha-abHll-deers-lt-e+epedient-to-plat: any psetion e€ terr}tery► wlthiq -182- 8 6 1 the-94by } "sees$aPr-stposts-sP-aIIoy<+s-have Rein-alreadr-beOR- a@sop ted-by-the 944yr so an 4.9 beeeme pwblle BbPesta eP All@rer OP when any POP 86R plebe land within the @erperatse-limits-eP-wlthlA-t:we-�� miles thorse€T the dlPeetoP @€ pwb}l@ servles ahal'? l€ sueh plate-are-3R-aeeerdsA�e-with-the Pwlee as pess@r}bed by h}mr eRdePae 1449 wgltteR appreva} thereen* Me plat subdividing lands -with 3R-th@-eArpsrate-llrs}te of the City of MlamlT or within two �a} miles there@€T shall be ant:pled-te-Pee$Pd-lR-type-a€€le@ e€-th@-eleP�-e€-the-elrewlt-eewPt 3R-and -fop -Dade - roe aAtrr-PlePldar without sweh wrltteR appPeval eRdeeeed-thePeeR* roe be or alleys Rot Incorporated in aeeepted-aRleae-laid-dewA-eR-plat: Sec. 30(c). Me-streets-er-alley8-eweept-tbeee la}d-dewR-en-sash-plat-as-P@€erred to-lR-the-lash-two-F�}-preedding aeetleRer-end-touring-tam-approval e€-t;he-d3P@@�@P-a€-pdblle-s@rvlA@r as h@re4mbe€APB provided €err shall-eubsagaeRtly-iR-aRr-war-tie aeesp-ted as pablle streets or all eys -by -the-eltrr-Rep,-steal:-eRy pablle funds be ewpended lR the Peaplr-eP-lmpPelFemeRt-e€-streets and-alleys-sub@AgueRtly-laid-eat and Re4 eR eaeh plat This Pee tPisk4em-she ll-Ret-apply-ts-a etp,eat or alley laid out by the e ty-Rsr-the-stPee beT-alleys-Rep, pub l4;e-gPeande-laid-eat-en-a-plat byT-eP-with-the -app *oval -e€T-the diPestreP-@€-pablle-a@Pvlee. Sae.-4-A2.--Sone - -Aesop 4ones-and-eeR€#Pmetion Incorporated in e€-et:Peet-sP-alley-dedleati#eR• Sec. 30(d). Me abPeete OF alleys hePea€ter dedlested is publls use by, the ewReP-a€-greand-iR-the-elty-shall be deemed a pwblio street @r. alleyr or under the ears and soRtrel-a€-tho-eamm4soieRT-uR1999 tae-4edle444OR-bA-pPevded-iR-th@ platy-eP-by -warranty-deed-er-ethsP iRatPwmeRt-a€-graRtr-be-aeeepted and-eeR€lPmed-by-PeselatleR-passed gap that puPpeseT or aRlees the previsions 95 tals GhartoP relat}Rg to subdlvis}ens shall have-bean-•eea�plled-with. Seew-49Jw_-Ale soaales}en an sale of aity Incorporated in Sec. bends: 24(d). Me-semm�rseleR-eP-bref�ePage-sash Its paid either d3Peetly or &PdlPeet<ly fee tae sale o€ any, -183- ?I U bends or ekhes ev}denes Of 3Rdebkedne@e-e€-the-eakY* See. 33. Zee. 404,E 0rdaReneost soda€aes- -"`-" moon. General provisions. (a) Codification of ordinances. All eg inanees Of e MY Of M41IM4.r be€ere-they-ehalI-b000me-a-low-eP take-a€€eat r-mwok-be-pwb� shed-bY b�t�o-eR�-�►-at-�eeek-one-4��-�}me-�R a- now spapop -pwb1isk!ed-in-the-6}tY of Miam4-r and by khe eity eIerk @awe}Rg-a-eepY-a€-eweh-erdinaRee-ke be -Re aked-at-the-des p -of -khe-gads GewRky Gewrthewse at tho p-lase provided-€eP-Rekaeear-and-pwb�iea- bteRe8Rd eRderaingT OR the ertg�nat-aPdineneeT-hiB-eerti€ieate aVidaRaiA9-the-tyiM9-and- man Ree-0f eweh pa84iRIt previdedr khak nothing heeeiR eeRka}Red shall preveRk-the-e4ty The commission may at any time sppe}RJ7*R9-some a Dint a person or personsr an swtheriaiRg-him-eP authorize them to arrange and codify the ordinances of the said city and to pwbtishang publish such codifica- tion in appropriate volume or volumes, which shall become the laws of the said city upon ite adoption by ordinance_ published and -pea ked-ss-hePe4R-previdedt-and provided, €wPkh9PT that in the exercise of the power by said the commission to' adopt said codifica- tion, it shall not be necessary to publish said codification, but, the publication and peskiRg of the ordinance adopting the same sha461 be �beiin sufficient to make it said Publication binding as the law o said the city. Procedure now governed by Fla. Stats. Sec. 166.041. Also, posting requirement is obsolete and cumbersome See:-�A�.--Gredat to prisenere for work; obsolete; see note to seeks-iR-season®�-preeeewkaeRe: former Sec. 59. the-eems+iseaeR-sha��-dekePn�ine-bY sediRenee the aaedRb to be esedated to prisoners fee eseh daysa week per€sewed beeswee of the-ReRpaYMeRk-a€-€ins-and-seeks. We-seats-iR-ePaaiRe�-pgeeeewkiens eha��-be-towed-against-the-eiky-ee paid-by-the-eemaiesieR. Sse.-�0fi.--�tataRg-presiwebe. ;ke said eity shall. be div4ded rots €eve fib} as mere. voting peas iAator-whiea-PP soin@to-oholI be-laid-ewt-by-the-eity-eemmiseieR within-bwe�ve-���3-menthe-€Pens-the date of kae adoption of this charter} and the said e46Y aewtn�iesieR-aha��-nave-the-power-te okeRge the bewndarieo and the ndmbes-e€-Dead-psee�Reba* -184- Obsolete; contradictory of Sec. 7(a). kA 4. (b) See* �0;. Record of ordinances; evidence. It shall be the duty of the city clerk to record all ordinances ado ted by, the comm,is- a on wi-thin ben- ays aFter W49 their passage all erdin&Aeee a"�epTed-by-tae-ee�amae#en in a book kept for that purpose and properly indew-said-beef* in�-exed. A copy of any ordinance erefrom, certified by the clerk under the seal of said the city, shall be received in evidence in all courts of this state. (c) See.-4-88. Ordaining clause. The ordaining clause of every ordinance shall be as follows: "Be It Ordained by the Commission of the City of Miami*". (d) See: 499* Enumeration of powers not exclusive. The enumeration of particular powers in this Gbarker charter shall not be deemed or held to b xclusive, but im addikien additional to the powers enumerated herei—"n, implied thereby.. or appropriate to* the exercise thereofr_ the sai-d city shall have and may exercise all other powers which are now, or may hereafter be, possessed or enjoyed by cities under the constitution and general laws of this stater; and all the powers of the city, wFiether express or implied, shall be exercised and embraced in the manner prescribed in this Gharter charter, or when not so prescribed , yen in such manner as may be provided by ordinance or resolution of the commission. (e) General laws to apply. All general laws o e state, applicable o municipal corporations ere o ore Z—rherearter enacted'aAd which are not in conflict with the pro7isions of this c ar er or with ordinances or resolutions hereafter enacted is commission pursuant to au on y conferred is charter shall e a ica e to the city; Drovided, howeverpa nothing contained in tMis c ar er shall e construed as limiting the power •o e commission to enact any - ordinance or resolution not in conflict with the constitution o e state or wiEh the express provisions of this charter. (f) See.-4-44r Effect of state law and .� resent ordinances. Nothing in is act shall be so construed as to alter, abolish, affect or amend any of the laws of this state now in forcer or which may hereafter be Incorporated from former Sec. 84. 0 enacted-p relative to towns and cities of the statel incorporated under the general law, nor any of the ordinances of the 041by e€ N4se4T city now in forceZ wwder-khe 6*404"§ mmmis4pal SevalAMOM4 e€ aed-C#�y-a€-MeMT except such as are in conflict with the provisions of this aett charter; aAd all such laws and ordinances are hereby declared to be in full force and effect. -186- a (c) See.449. Unconstitutionality of part of ChaPtop charter. If any section or pae€ a aset4on of this CaarteP charter is declared invalid or un-"' c� o`nsitu Iona , the same such declaration shall not be hela to inva i ate or impair the validity, force, or effect of any other section or part of-a-ssekieR of this ChaptepT charter, unless it clearly appears that such other section or part of-a-seetion is wholly op and necessarily dependent for —ids operation upon the section or part a€ -a seetieR whieh is declared invalid or unconstitutional. sp-}Rwe a Seer-442*--Aeke under €epmer shaPtere Incorporated is Palo€ied. Sec. 32(e). All sets and proesed}Rg@ 9€ the eemm as aR or of aRy offisep of the-@sty-dome-eP-kH1�gR-pliPetlBRk-ks the ppevisioRo e€ tae ehaptor wkish was sdbmtktad to and Pet}€red-by-the-vetere-e€-tae-e}tr at-aR-.�eekieR-ae�d-}R-�S��T-eP-.€ tae-ehapteP-amsRdment-submitted-ke and-Path€red-by-said-�@ceps-ak-an •fie@tieR-a@��-}R-#��3T-er@-hereby _ Patsi€ied wits like €epee as if - dome and taiteR uRdeP atikaer}ty- duly eeR€ePPed by the legials- trurev. (h) See *-43.3.--Ask-ke-kal e-eFfeet -` immediaketyw Effective date. This set charter a a a e effect imme lately upon beeeming-e-law being aeproved b a majority of the-ecEora of the city voting"at an election called or thg ur ose o f app rovin his charter. See.-444*--6eea6 tmprevemente--Street Incorporated is Sec. 20 developments and water eakm imprevementow 6*eal improvements wh}eh may be made-by-kae-Ctky-a€-Wkam}T-and-the goat-g€-watea-may-be-provided-FOP �R-aeeardenae-w�ta-segt�eR-S6-e€ the Ca artaPT shall i-Rglwde }R add ikiaR-to -tho-€kvo-Fib-elaaoeo pow -pPevidad-by-said -99ekieR-t6r two-F��-Rew-e�asseaT-te-be-bnewR as 'ustreet develepmontsu and �%Mater-maim-impPeliemeRte�s--6iae�F at: said seven elaesee @S �mp�evemeRte-+say»bo-+jade-and-the}P east-psevtded-€eP-taPee�g,a-spee�a� -187- U ae9eaam&At* *-e#ty-ep&Pgs@r-ta*ear bends and 91tperwisor ender the pPeviaieR@-@€-s@etiege-��4-#e-�3At e�6-ineiwevet-e€-the-6aert0P-and whop* -Kok -insons, istent-tk+erewitk+T tam PILO* iai9"9 9€ said seek4eR S6r Seeat smbraeed in eteset Incorporated in deveiepmeRter Sec. 20(a). 9.6e9 6r S•tPe94 d9vei9PMan 49 ambPas9-tam-BpeRiRgt-WideRiRg-end @lttegaieR-a€-aigawayer-eRd�-�€-tke eemmiaaien-te-9PdePHr-tam-gPadiRg taePeogr See:-446*--6ame--Wbek-sebra@Bd-in-water-main Incorporated in 6eprevemembe* Sec. 20(a). 66e88 WateP-MaiR-imPPBVOMOR49 embPHee-tklB-�9y3Rg-9€-WHteP-meiRBT tae Pelayinq where ReesseaPy of aigMweye-and-sidewalks-ReeessaPiiY tspa dp eP demagedr andr if the 99mmi994eR-99-sPdaPsr-the-laying .9€-water-I. at, sr a1.9• Sw�e:-���*--Same--Sanding-and-e3�iRg-embreeed Incorporated in Sec. iw-higa�ray-ieprevsweAts. 20(a), under definition. of Class 1 improvements Migawey improvements made "RdeP sestieR-�6-9€-tam-6ity-6aaPter-nay iRelwde sandiRg and ailing 9€ aigawaya-as-aII-eP-a-paPt-e€-any atook -imp reM8m9Rte• SeeV--Saee--I$aIIa-fop, -drainage-embreeed iw-aigawa�-iwpreveeewts: kigawsy-impPevementa-wRdeP-aeetisR S6-•€-tam-6ity-saaPtsP-esy-embraee as-a-manna-B€-drsiRage-s€-k►�-glawa�rs �epreved l-a-we��-er-we��e-awwi�-be a point below freshwater strata and as eased it tk+rsagk ewt €eeeawatsP strata as to prevent seepage to er from swea stratat ary in the diserstien 9; the semmiseisnr-any-9weM-well -Or -wells may-esnst hate-tyke-waeie-eP-a-paPt ! ', 9�-a-9�'rePm-BeweP-iA1pPBMeeeRt-liRdeP —' said-seetieR-€6T--sae-Pe9eiatisw erdePiRg-saea-eR-imppeveeeRt-eklaii ine�dde-tam-�eeati@R-a€-tMe-ws�� eP-walla-wits-PeaseRBb}9-de€iRite- Rene* 5se.-��S.--Same--6ewt-a€-imprevea�eRte. �kte-east-a€-impP9vemeRt@-iR9iades+ 4a3--4abeP-and-matePia�:r �b�--iR-water€Pent-and-9tPeet-deveiep- m@At, -1rmp reM►emeRteT-to@-east-s€-any Property pwPeaasedr seadeened at etaePwiss-aee�wiaedT-3Reiwding-@ewPt 9eets-and-ethe r-o*paAaaa-iReident tA-saea-aegwis44iORV -988- Incorporated in Sec. 20(a), under definition of Class 1 improvements Incorporated in Sec. 20(e). Fe}--9amagee paid or to be paid for inJWPy ke pPsperky by shangs e, gP ad 9 -OF -dP a iRagAT-inelwdiA j-eewPk seeks-and-ekklsP-e�rSeRae-ins#dewk@� tA-kkls-dskermiRek}BR-@€-demager Fd}:.-The Beek @f pekaiRiRg wallgr sidewalksT er €&Rees bwk}k of a�keped-}R-��sw-a€-eaek♦-peymeRt,-€eP &web ppeperky damage or segwisi- tieRT-ine�wdiRg-t,k►s-seek-a€-�neviRg eP-a�tepiRg-aRy-et,pwekwp&* -eeskT-wk+etkteP-iR-kMe-RakwPe-@€ damages OF ekkfePwiseT e€ ee4e6- 13akgAg-a-6w414iRg-9e4beek-46Re-eP iiAsss Sae*:t2 --Same--DesigRakisR Of beRe€iked Incorporated in preperkyt-apper,tisRn�eRk-e�-eeakt Sec. 20(c)(2). ;f the iRikial peseiwtieR shall ePdar a skPest development eP a wakepPeRk-eP-wakep-maiR-er-st,ePm sewer imppovemeRt wRdeP said seekiaR-�6T-it,-ek►a��-deaigRoke-tk*e prepepky wbiekt k h a eemmissieR da@m e-wikk-be-apseially-beRe€iked 1'sbeP@�y-FSeRle�rilR@9-IiePA�R-Pe€9PPed ke as kk!& 'lopes of sposial beRe€iksut-sRd-aMall-iRdieake-kbe ppepepkieR eP Rapt, of the seek thereof wk►iek+ shall be 68PRA by t,l�o-eity-et,-�aPge-and-tk+e-pPopeP- tieR-eP-park-tk+aPee€-wbigt�-ok+a�� be -apes is11y-assessed -wikhiR-kk►@ area a€ aReeial beRe€its. The e oily-ak►a��-beep-one-kk~ipd-Fife}-e€ the -east-&€-ekerm-&ewers-inelwdiRg aRy-pwmRing-etakiaR-and-ewt�ak-bwk ewe1wdiRq &kepm &swap lakeraler and shall bear, Rot, mope kktaR €i€teen-F��}-pepeeRk-a€-kbe-seat of stpeet developments and Ret more -kMHR-€i€teen-F��}-per,e$Rk-a€ the goat 9€ wakep€Pen& improve - Monte &Rd Rot mope than fifteen ���}-pepeeRk-e€-tee-seek-e€-waver, main imprevel gRt,9 and the remainder shall be 9130gia.1 assessed wikk►in the area of apse ka�-bens€ike.--€-t,ae-Pese�w- tion -she ll-a�soT-as-it,-Ray-iR-kk+e diseget,ien e€ the eemmissionT at, ake-the -OR iw�eR-a€-tk+e-egmn��s- + sign as to the relative proper- ? tions a apeeial b 9 R 9 9 a ea bekweeR t,kig several lake and papoois wikkliR suet,% aresy OP as betweeR dig€DPeRk glasses OF i different leeat,iene of prepePty wit,k+�R-awes-ereaT-suet,-et,atemeRt, 9�-ep�R�AR-BfiH}i-Rgt-pP8M9Rk-kbe eiky manager €Pen+ atatiRg _ d4cfereRk pPepopkieRs in the ppeiimiRapy-assessmeRk-P9iiT-Rep prevent kkse eammiesion gram oke"siRg-aRy-9ilek!-pPepePkieRa-iR -189- r .-4 0 eHedaij44Aq eP Modifying otieh aseeaemeAks-ind�eaked-by-said-re66 iR the Manner end Linder khe @aAd4k3aAa provided by said seek6en-S6* Sse•-��3*--Sass--Set,#sake-s€-seek-a€-deve�ep- Incorporated in Sec, M®R4. 20(d), at end. The eakimake Made by the eiky Manager, of the goat, of a street, development, OF a skePm aeweP QP wate r€sank-ar-wet,er-main-impreve- McRt, wAdeP Pop agraph Fg} of seet,ieR 56 eba66 show the eekimaked ameeRk of seek and iR@ideRka6-awpeRee-ke-be-assessed again* t-e66-pPepePky-iR-the-area e€-epee}e6-bene�iteT-bat,-ehs��-Rek show any estimated assessment, agaipsk any paPki•eeler property W4th4R khe RPORT OF against, any €PeAtage OF perkieR e€ sueh preperkyv See:-4-22, -Same--No kiss of heaPiwg ke Incorporated to deseribe-asear Sec. 20(f). the-Rek�ee-Pegti}red-by-paragraph ES3 e€ aaid seekieR 56 9€ the heapiwg as e63eetiens ke khe eeR€irmakieR of a reselwt4em order}Rg-a-street,-dave�epment-er-a storm-aeweP-er-wekeP€Pent-ep-water main' empPevemeRk shall e6eaPly deseri:be the epee e€ speeial beRe€i:ke+ See*-����--Same--aet,kee of heari<Rg dpeR Incorporated in Sec. aeseasseflk-Pe3�� 20(m). she-Ret,�e9-PegLi3:Ped-by-paragraph �R} E�644 of said seeti On 56 Of the heaPi:Rg dpeR an aesessmeRk pal 6-shall -stoke-the-e6asa-a€-t,he imprevemSR6 and the iseQ44GR kheree€. Seems-��4,--Saese--Aekda6-eset. incorporated in Sec. 20(k)(3), at end. �€-the-pre6imi:Ra�y-assessment,-re�� Pega}Ped by said seetrieR 56 i:s . prepared-and-€��ed-with-the-etty s�erl�-a€t,er-the-eemp�eki:aR-a€-the werli�-whether-the-weP{�-ee-done-by siky €Geese OF by eaRkreety the total- east of the imprevemeAt klierei<R-Gkat,ed-Gha6�-be-the-aekwa� @Belo See*-};.--Sawo--WdsbeP-e-abdkkRg-set,-Reed Incorporated in Set. nak-be-deseribed . 20(k)(1), at end. 6R-the-ease -09-a-street-develop- McRt of a storm sewer GP waker- €rent er water Main improvement the said preliminary assessment Pe66-eba66-deeeribe-the-property in -the-area-a€-epeeial -beRe€ikon -7 90- a bd4-Reed -RAt-state-tha-PwmbeP-e€ €net-@€-preparty�-HbdttiRg-anp-&doh imp P9**meet-HAIegg -seeh-stabom@Rt be Reeesearp 6R deserib6Rg prep@rtp in the area of speeial bane€its* Soe*-�6.--&ante--MaRRsr-a€-app9rti9RlneRtr Incorporatei in Sec. 20 (k) (4) (fi) , �R-th@-pPe�in+iRarp-esaea@�ReRt-pe}} at end. there-sha}}-be-app9P4isA94-to-4ha eity+ Gush Peet of the east of a otP@@t develepment as slay, have 499A d@t@FMj:P@d by' the iRitia} PesolukieRT and to the late and p8P@@}9-witkliR-the-HP@8-@€-@�@@ie} b@R@€it9-9kla}}-bA-Hpp@PtiAA@d-th9 PaplBiRiRg-part-@€-sEi@h-@net* Seer-���*--Sa1Ne--AsgesanleRt-iR-pr9p9PtieR-tA Incorporated in spesia6-bone€ibe* Sec. 20(k)(4)(xi), at end. >:he-snl@ewt-e€-the-seat-s€-a-etpeet daMe}apnleRt-er-a-&t@pnl-&ewer-@P-a W Ht@p �P9R t-AP-WBt@P-nIHiR-in�pPav@- MeRt F@*e}wdiRg stspM sewer }etepa}a in the st@PM sewer inlppevemeR48� whieh iR the preiimiRBP), assessRleRt Poll is appePti@Red-ta-}9ta-8Rd-pHr88is-A€ }and in the epee of sp&e6a} b@Re€6tB-Ha-pPAM6d&d-bye-this-net and-bp-s8id-&@etiAR-�6T-8hH}}-iR said Pe} -I be assessed to the several }ate and paree}s withiR the apes ef speeia} heRe€its ik . prepspt3@R-te-thA-BpAeiH}-bone€eta wh ink►-tk►e -@ itp-nlaRagep-�@@NIB-eH8lt slfab-}e�-eP-pHP@ei-will-P@@ai�1e. am*--Aseen Incorporated in sesegs-s€-€€tp-pereeRt-e€-value: Sec. 20(o). ;hA-09mmisoisA-shall-R9t-e9Rform aRy► apes}al assessments against an), }et OF papeel e€ }and in eases& of fifty, �59} pepeeRt 99 the value thepee€ as last €iwed €sr taxra466R by the bsapd 9€ o"Mal4mati9R 9€ the eity►* ARy+ defieit €Psm the app}i&atieR of thin-ppehib6tiaR-shell-be-@hHpged te-the-e6ty<-Hs-a-goners}-ek+HPg@. Sos.-��9.--Sams--Wkls" eeR€irmation of Superfluous; already aeee*aswewt-tell-eeRelus6ve. included in Sec. 20(n; The-eeA 9 ipmatieR-9€-aR-eeaessmeRt Po}} by the @ommissi&R wRdep paPage ape- -sogt#eR-46 e€-th&-ishaPtAP-shall-be-€anal-and 9eRe1us6we as is the aseaa&meRt against seek }et and paPeo} assessed aR}e&a proper steps be t@{EBR-w}tki�R-tMBRty+-€i®�-t�8j►8-3R-@ BAkJP�ir-A€-QAnlpet@Rt-�Npa&di$taeR-te seewre-re}6e€, -191- i .A- Wd See.-4$Qt--6iom fop @eeke 4AVelved iR Incorporated in eieeingT PsaeviRgT PepairiRg OF Sec. 1.7(r). deeeiishiRg-liR€��-btliidipgs. Upon tine €ail"Ps of the ewRePT 9wR@Pa7-OF -pop aORa-iRtaP@9k9d-iR prepePky-wikhip-th9-eitr-ke-eeRpi�► with the deterffiiRatism of. the e€€ieaPT-beard-9r-b9dy-de9igpet9d by-t ho_r,i4y-Cods-eP-by-APdiRaAes ts-pe�tliPe-the-ales ipgT-PeIM9Va�T rapairT er deRe13ki@R 9€ 8Flr btli}ding-eP-ekPtlettlPe-deRg9PAtl@-t@ the heal-khr mepalor sa€9kyr eP gepePaI-weI gaps -9€-the-people-9€ the-eityT-a€ker-reasepeb�e-petise gar sweh eampiiapes has beeR giveRT-stleh-a€€ieePT-beard-sr-bed} may eatlse sweh btli144A OF BtPtlettlPe-ta-be-e�e9edT-PeMeVedT PepaiPedT OF demolished aP May septraet thAPe€8PT after adveP- tisemeRt-€erT-eRd-reeeipt-e€-bider and-the-alReuRt-A9 kraek4pg-&Rd-k4lo@-aesreb fees er ehargser ewperk w44pese98-L €e9aT and adVeP- tiaiRg-ehAPgAe-iR@tlPPBdT-and 4z}--the e9et of sweh slesiRIT remeVBiT+Papair-eP-deMeiikieRT i€-BRAT ease eepstittlte and remaiR a MvRi•eipal lieR agaiRst the real. pPepePky.-}Rveived-tlRtii-paid-With iRtereat-ke-aeertle-at-the-Pete+e€ siw F6� perseRt, aRRWeiiyV- Soak iieps-Wray-be-eR€ePeed-br-aR�►-e �-the meth-eds previded iR ek+aptsr 66T Fieride 5katmkeaT OF iR the alkerRativsr far-seleampq pPseeediRgo-met-be-iRatitdted-and preaaetlted +tlRder-the-pPev�s}BRe-a€ ehepteP-}��T-FiePide-StatettesT—or khe-esiieekieR-and-eR€ePeemeRt-e€ parmeRk-there•€-mar-be-aeeempi}shad bye-aRr-ether-method-etlthePiesd-b�+ Iaw: See.-���.--Skerm-saweP-iwpPeve+aewte� Incorporated in Sec. 20(b), at end. ;k:e sommissieR of the 6ity of NiemiT-Fierida-shah-have-Rs-power te-Ord ap-the-maw iRg-a€-aRy-skere 99WSP impPevemeRt as a ieeai iMpPAVAII{eRt-dRder-the-pPeVie�ARB e€-saekisR-46-a€-the-6iky-6haPtert pPevidedr heweverr that aAy speeiai assessmeRts thepete€ere. levied &Rd OR)' pPeesediwge thePetagsps takeR iR e9RRestisR with stare sewers shell Rat be Pepeaied or a€€eeted by this emeRdmeRt-eRd-ail-sdeh-pPeeead�Rgs rear-be-eeRtiRtled-and-eempieted-eRd speeiai assessmoRks ptlPswaRt to etleh pPeeaediRgs May be ieVied WAder the peovisieRs eg said saetieR-€6-a€-the-6ity-$haPtePr�� -192- 2A Section 2. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this -14th day of -June . , 1984. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of June _r 1984. ATTEST: RALG. O, NGIE City Clerk PREPARED AND APPROVED BY: ROBERT F. CLARK Deputy City Attorney Maurice A. Ferre MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: bn "AMela—e ty Attorney 1, Ralph G. Ongie, Clerk of jhe City of Nflund, Florida, hereby certify that on th,2... 'Iy 13f ..... '4 ........... .. RFC/wpc A. D. ig ... full, true anti corrccl iibovo and lorogoing wdin-:iwc v,,as postal of 1:.; 'Door of the Dade Co'.iaty Coul :.t 1:1; pto-j;'(!cd for owtic.s and by to the place; provid,:d thc:cior. WITNESS wy ! I he 01"61CI'L3f wrl n( said City thi; ....?.4Lay of .. .. 0. pity Clerk —193— iIt 0 LEGAL DESCRIPTION CORPORATE BOUNDARIES OF CITY OF MIAMI Beginning at a point where the North line of Section Eight (8), Township Fifty-three (53) South, Range Forty-two (42) East intersects the West shoreline of Biscayne Bay; Thence run South along the westerly shoreline of Biscayne Bay thirty (30) feet; Thence Westerly, parallel 'to and thirty (30) feet South of the North line of Section Eight (8), Township Fifty-three (53) South, Range Forty-two (42) East to the West boundary of said Section Eight (8); Thence, continuing Westerly into Section Seven (7), Township Fifty-three (53) South, Range Forty-two (42) East, a distance of thirty-five (35) feet; Thence, Northerly parallel to the East line of said Section Seven (7), to the North boundary of said Section Seven (7); Thence West along said North line of Section Seven (7) to a point twenty-five (25) feet North of the Northeast (N.E.) corner of Block five (5) of North Shore Crest, as recorded in Plat Book Seventeen (17), at page forty- two (42), public records of Dade County, Florida; Thence South twenty-five (25) feet; Thence West, parallel to and twenty-five (25) feet South of the North line of said Section seven (7), to the East line of Biscayne Boulevard as laid out along the East line of the Northwest one -quarter (N.W. 1/4) of said Section seven (7); Thence North along said East line of Biscayne Boulevard a distance of ten (10) feet; Thence West, parallel to and fifteen (15) feet South of the North line of said Section seven (7) to a line parallel to and one hundred eighty-five (185) feet West of the East line of the Northwest one -quarter (N.W. 1/4) of said Section Seven (7); Thence South, parallel to and one hundred eighty-five (185) feet West of said East line of the Northwest one -quarter (N.W. 1/4) of said Section seven (7) to the North line of Went Shore Crest (N. Line N.E. 83 Street), as recorded in Plat Book ten (10), page sixty-seven (67), public records of Dade County, Florida; Thence West along the said North line of West Shore crest to the Northwest (N.W.) corner of said West Shore Crest; Thence continuing West along the North line of Lot One (1) of the Subdivision of the Northwest one -quarter (N.W. 1/4) of Section Seven (7), Township Fifty-three (53) South of Range Forty-two (42) East, as recorded in Plat Book "B" at page three (3) of the public records of Dade County, Florida, to the Easterly bank of the stream called Little River; Thence Northerly and Westerly following the Easterly and/or Northerly bank of said stream known as Little River to the North bank of Little River Drainage Canal; Thence continuing Westwardly along the North bank of Little River Drainage Canal to the West line of E1 Portal (said line also being the centerline of North Miami Avenue), Section .Six (6) as recorded in Plat Book Fifteen at page eighteen (18) of the public records of Dade County, Florida; Thence South along said centerline of North Miami Avenue across said Little River Drainage Canal to the Northwest Corner of Block 21 of Little River Gardens, a Subdivision, as recorded in Plat Book Six (6) at Page one hundred fifty-three (153), public records of Dade County, Florida; EXHIBIT A 3 :ti ti 1 Thence continuing South along the West line of said Little River Gardens (centerline N. Miami Avenue) to an intersection with the Easterly production of the North line of Lots ten (10) and twenty-tw-, (22), Block Three (3), Everglades 5 Commercial Addition, as recorded in Plat Book eighteen (18), page Seventy-eight (78), public records of Dade County, Florida; Thence West along said North line of Lots Ten (10) and Twenty-two (22), to the Northwest (N.W.) corner of said Lot Twenty-two (22); Thence West continuing the above course to the East line of Minnesota Park as recorded in Plat Book Six (6), page thirty-nine (39), public records of Dade County, Florida; Thence North along said East line of Minnesota Park to the South line of Lot Four (4), Block A, of said Minnesota Park; Thence West along the South line of said Lot Four (4), Block A, across Oleander Street (now called Northwest First Place) and along the South line of Lot Four (4), Block " B" of said Minnesota Park, and along a continuation of this line to the East line of Lot one (1) Block Eleven (11) , Bellcamp Manor, as recorded in Plat Book Eleven (11), page thirty-three (33), public records of Dade County, Florida; Thence South along said East line of Lot One (1), Block Eleven (11), Bellcamp Manor, to the North line of the twelve (12) foot alley through Block Eleven (11) of said Bellcamp Manor; Thence West along the North line of said twelve (12) foot alley produced Westerly through Blocks Eleven (11) and Twelve (12) and to the East line of Lot Ten (10), Block Eight (8), of said Bellcamp Manor; (said line also being the west line of N.W. 5th Avenue); Thence North along the East line of said Lot Ten (10), Block Eight (8) to the North line of said Lot Ten (10); Thence West along the North boundary of said Lot Ten (10) to the East line of Amended Plat of Rose Bower, as recorded in Plat Book Thirty-two (32), page forty-one (41), public records of Dade County, Florida; Thence West through Rose Bower to the Northeast (N.E.) corner of Lot nineteen (19), Block Three (3), Little River Highlands, as recorded in Plat Book Nine (9), page One Hundred twenty-nine (129), public Records of Dade County, Florida. Thence West along the North line of Lots Nineteen (19) and Thirteen (13), Block Three (3), across Northwest Sixth (N.W. 6th) Avenue, along the North line of Lots Nineteen (19) and Thirteen (13) Block Two (2), all as shown by the said plat of Little River Highlands; and continuing West across Northwest Sixth (N.W. 6th) Court to the East line of Tract "C" of Francine Heights 1st Addition as recorded in P.B. 90 at Page 86 public records of Dade County, Florida; said line also being the West line of Northwest sixth (N.W. 6th) Court; Thence North 5 feet along said West line of N.W. 6th Court to the N.E. corner of said Tract "C" of Francine Heights 1st Addition; Thence Nest along said North line of Tracts 1101 and " B" of said Francine Heights 1st addition to the East line of Northwest Seventh (N.W. 7th) Avenue; Thence Northwesterly to the Northeast (N.E.) corner of Lot Three (3), Block Two (2), of Home Crest Amended as recorded in Plat Book Nine (9), page eighty-four (84), public records of Dade County, Florida; Thence West along the North line of said Lot Three (3), to the Northwest fN.W.) corner thereof; O 9 4 Thence South along the West line of said Lot Three (3) to the Northeast (N.E.) corner of Lot Eleven (11) of said Block Two (2); Thence West along the North line of said Lot Eleven (11), Block Two (2) to the Northwest (N.W. corner) of said Lot Eleven (11), Block Two (2); Thence South along the West line of said Lot Eleven (11), Block Two (2), Home Crest Amended to the North line of Everglades Avenue (now called Northwest Seventy-ninth Street), as shown by said plat of Home Crest Amended; Thence Southerly across said Everglades Avenue (now called Northwest Seventy-ninth Street) to the Northwest (N.W.) corner, of Lot Seven (7), Block One (1), Stephens Manor, as recorded in plat book Fourteen (14), page Eighteen (18); public records of Dade County, Florida; - Thence South along the West line Lots Seven (7) and Thirty-five (35), Block One (1) across Northwest Seventy-eighth (N.W. 78th) Terrace (now called Northwest Seventy-eighth Street) along the West line of Lots Nine (9) and Twenty-eight (28)9 Block Two (2), across Northwest Seventy-eighth (N.W. 78th) Street (now called Northwest Seventy -Seventh Terrace) along the West line of Lots Nine (9) and Twenty-eight (28), Block Three (3), across Northwest Seventy-seven (N.W. 77th) Street, along the west line of Lots Nine (9) and Twenty-eight (28), Block Ten (10), across Northwest Seventy-sixth (N.W. 76th) Street, along the West line of Lots Nine (9) and Twenty-eight (28), Block Eleven (11), across Northwest Seventy-fifth (N.W. 75th) Street, along the West line of Lots Nine (9) and Twenty-eight (28), Block Eighteen (18), across Northwest Seventy-fourth (N.W. 74th) Street, along the West line of Lots Nine (9) and Twenty-eight (28), Block Nineteen (19)9 across Northwest Seventy-third (N.W. 73rd) Street, along the West line of Lot Seven (7), Block Twenty-six (26), across the Florida East Coast Railway Right-of-way, along thee West line of Lot Eight (8), Block Twenty-seven (27)9 across Northwest Seventy-second (N.W. 72nd) Street, along the West line of Lot Eight (8), Block Thirty-four (34), across the tract marked "Proposed Spur Track", along the West line of Lot Seven (7), block Thirty-five (35), to the North line of Northwest Seventy-first (N.W. 713t) Street, all as shown on said plat of Stephens Manor; Thence southerly to the northwest corner of Lot Nineteen (19) Block Two (2), of Henry Ford Subdivision Number Two (2), as recorded in Plat Book Nine (9), at Page One Hundred Nineteen (119), public records of Dade County, Florida; thence westerly along the north line of Block Two (2) and Block One (1) of said Henry Ford Subdivision Number Two (2), said line also being twenty-five (25) feet south of and parallel with the north line of Section 14, Township 53 south, 'Range 41 East to the west line of the northeast quarter (N.E. 1/4) of the northeast quarter (N.E. 1/4) c Section Fourteen (14), Township Fifty-three (53) South, Range Forty-one (41) East (centerline N.W. 10 Avenue) ; thence north ten (10) feet; thence west along a line fifteen (15) feet south of and parallel with the north line of Section Fourteen (14) to the intersection with the west line of the N.E. 1/4 (centerline N.W. 12 Avenue) of said Section 14; thence south 20 feet along the west line of said N.E. 1/4 of Section 14; thence westerly along a line 35 feet south of and parallel with the north line of Section 14 and 15 to the west line of N.W. 17 Avenue; thence north along the west line of northwest 17th Avenue to the northeast corner of Lot Twenty-two (22)9 Block one (1), Liberty City, as recorded in Plat Book Seven (7) at Page Seventy-nine (79) of the public records of Dade County, Florida; thence west along the north line of block one (1) of said Liberty City to the northwest corner of Lot twenty-one (21) Block one (1) of the aforementioned Liberty City; (3) 9861 Thence South along the West line of Lots Twenty-one (21) and Twenty- four (24)9 Block one (1) of Liberty City, as recorded in Plat Book 7 at Page 79 of the public records of Dade County, Florida; thence across Adams Street (now called N.W. 70th Street); along the West line of Lots 21 and 24, Bl=k 2, across Monroe Street (now called N.W. 69th Terrace); along the West lime of Lots 22 and 25, Block 3; across Jefferson Street (now called N.W. 69tb Street); along the West line of Lots 21 and 24; Block 4; across Lincoln Street (now called N.W. 68th Terrace); along the West line of Lots 21 and 24, Block 5; across Washington Street (now called N.W. 68th Street); along the West line of Lots 21 and 24, Block 6; across Richardson Street (now called N.W. 67tb Street); along the West line of Lots 21 and 24, Block 7; across Strother Street (now called N.W. 66th Street); along the West line of Lots 21 and 24, Block 8; across Green Street (now called N.W. 65th Street); along the West line of Lots 21 and 24, Block 9; across Jenkins Street (now called N.W. 6mb Street); along the West line of Lots 21 and 240 Block 10; across Perry Street (now called N.W. 63rd Street); along the West line of Lots 21 and 24, Blcr-k 11; across Samson Street (now called N.W. 62nd Terrace); along the West line of Lots 21 and 24, Block 12 to the Southwest corner of said Lot 24, all as shown on the Plat of Liberty City; Thence Southwesterly across N.W. 62nd Street to the Northwest corner of Lot 1, Block 1 of Eatonton, as recorded in Plat Book 3 at Page 193 of the public records of Dade County, Florida; thence South along the West line of Lots 1, 2, 3, 4, and 5, Block 1 of said Plat of Eatonton; thence South to a point where the Southerly production of the West line of Lot 5, Block 1 of said Eatonton intersects the center line of Lucky Avenue (now called N.W. 615t Street); thence West along said center line of N.W. 61st Street to a point of intersection with the Northerly production of the West line of Lot 8, Block 2 of Lot 8, Block 2 of said Eatonton; thence South along the West line of Lots 11 and 23, Block 2 of said Eatonton to a point of intersection on the center line of N.W. 60th Street; thence Easterly along the center line of said N.W. 60th Street to a point of intersection with the Northerly production of the West line of Lot 4, Block 4 of Normandy Park, as recorded in Plat Book 25 at Page 15 of the Public Records of Dade County, Florida; thence South along the West line of Lots 4, 31 2 and 1, Block 4; across a public alley;along the West line of Lots 4, 39 2 and 1, Block 3; across N.W. 59th Street;along the West line Df Lots 4, 39 2 and 1, Block 2; across a public alley;along the West line of Lasts 4, 3, 2 and 1, Block 1, to the Southwest corner of said Lot 1; all as shown co the Plat of said Normandy Park. Thence South across N.W. 58th Street on the continuation of the last above described course to a point of intersection with a line parallel to and twenty-five (25) feet South of the North line of the South one -quarter (S 1A) of Section 15, Township Fifty-three (53) South, Range Forty-one (41) East,; thence West along the aforementioned parallel line to the West line of the East one -quarter (E 1/4) of said Section 15, Township Fifty-three (53) South, Range Forty-one (41) East (centerline N.W. 19 Avenue); Thence South along the West line of the East One -quarter (E 1/4) adr Section Fifteen (15), Township Fifty-three (53) South, Range Forty-one (41) East, and continuing South along the West line of the East One -quarter (E 1J.1 of Section Twenty-two (22), Township Fifty-three (53) South, Range Forty.ane (41) East, to the North line of the South One -quarter (S 1/4) of the Sow One-half (S 112) of said Section Twenty-two (22) (centerline N.W. 38 Street); Thence West along the North line of the South one -quarter (S 1/4) of the South One-half (S 112) of said Section Twenty-two (22) to the East line of Northwest twenty-seventh (N.W. 27th) Avenue, as laid out along the West 11M of said Section Twenty-two (22); Thence South along the East line of Northwest Twenty-seven (N.W. 27th) Avenue to an intersection with the Easterly production of the North line of Lots Thirteen (13) to Twenty-four (24) inclusive, of Block Two (2), Garden of Allah as recorded in Plat Book Five (5) Page Seventy-five (75), Public Records of Dade County, Florida; Thence West along said Easterly production and along the North line of said Lots Thirteen (13) to Twenty-four (24) inclusive, to the West line of said Block Two (2); Thence West on a continuation of the last above mentioned line to the East line of Evergreen Lawns Number Three (3), as recorded in Plat Book Twenty-one (21) at Page Seventy (70), Public Records of Dade County, Florida; Thence Southwesterly to the Southeast (S.E.) corner of Lot Three (3), Block Three, of said Evergreen Lawns Number Three (3); Thence West along the South line of Lots Three (3) and Fourteen (14) of said Block Three (3), Evergreen Lawns Number Three (3) to the Southwest (S.W.) corner of said Lot Fourteen (14) said line also being One Hundred and Fifty (150) feet North of the South line of Section Twenty-one (21), Township Fifty- three (53) South, Range Forty-one (41) East; Thence Westerly across N.W. 30 Avenue to the Southeast (S.E.) corner of Lot Three (3), Block Three (3), Druid Heights, as recorded in Plat Book Twenty-two (22)9 Page Twelve (12) Public Records of Dade County, Florida. Thence West to the Southwest (S.W.) corner of Lot Fourteen (14), Block Two (2) of said Druid Heights; i Thence West to a point on the East line of Lauraville, as recorded in Plat Book Nineteen (19), Page Seventy-four (74), Public Records of Dade County, Florida, said point also being One Hundred and Fifty (150) feet North _ of the South line of Section Twenty-one (21), Township Fifty-three (53) South, Range Forty-one (41) East; Thence South Westerly to the Southeast (S.E.) corner of Lot Thirty-six (36) Block One (1) , of said Lauraville said point also being One Hundred and Forty-seven (147) feet North of the South line of Section Twenty-one (21), Township Fifty-three (53) South, Range Forty-one (41) East; -j Thence West through said Block One (1) to the Southwest (S.W.) corner of Lot Twenty-five (25) of said Block One (1) ; t Thence North Westerly across N.W. 33 Avenue to the Southeast (S.E.) _1 corner of Lot One (1), Block Five (5), Thirty-sixth (36th) Street Highlands, as shown by plat recorded in Plat Book Twenty-two (22), Page Seventy-three (73), Public Records of Dade County, Florida, said point also being One 1 Hundred and Forty-nine (149) feet North of the South line of Section Twenty- one (21), Township Fifty-three (53) South, Range Forty-one (41) East; Thence West through said Block Five (5) to the Southwest (S.W.) corner of Lot Twelve (12) thereof; Thence West to "a point on the West line of Section Twenty-one (21) Township Fifty-three (53) South, Range Forty-one (41) East, said point being One Hundred and Forty-nine (149) feet North of the Southwest (S.W.) corner of said Section Twenty-one (21); Thence Northwesterly to the Northeast IN.E.) corner of Lot Sixteen (16), Block Four (4), Melrose Gardens Amended, as recorded in Plat Book Seven (7), Page Ninety-four (94), Public Records of Dade County, Florida; Thence West across said Melrose Gardens Amended to the Northwest (N.W.) corner of Lot Eleven (11), Block Three (3) of,said Melrose Gardens, Amended; Thence West on a continuation of the last above mentioned line to the center line of the East One -Half (E 112) of the East One -Half (E 1/2) of Section Twenty (20), Township Fifty-three (53) South, Range Forty-one (41) East, said line also being the West line of Northwest Thirty-eighth (38) Avenue; (5) Thence South along said center line of the East One -Half (E 1/2) of the East One -Half (E 1/2) of section twenty (20) and continuing South along the center line of the East One -Half (E 112) of the East One -Half (E 1/2) of Section Twenty -Nine (29), Township Fifty-three (53) South, Range Forty-one (41) East to a point of intersection with the Easterly right-of-way line of Seaboard All Florida Railway; thence continue Southeasterly along said railway right-of-way to the intersection with the westerly prolongation of the North line of N.W. 34th Street (as shown on former plats of Melrose Heights (17-22), Fronton Heights (81-22); thence East along the aforesaid described Northline of former N.W. 34th Street to the West line of Northwest Thirty-seventh (N.W. 37th) Avenue; thence continue North along the West side of N.W. 37th Avenue to a line parallel with and One Hundred Seventy (170) feet, South of the North line of said Section Twenty-nine .(29), (N.W. 36th Street); Thence East along a line parallel with and One Hundred Seventy (170) feet, South of the North line of Section Twenty-eight (28) and Twenty -Seven (27), Township Fifty-three (53) South, Range Forty-one (41) to the East line of Northwest 27th Avenue as laid out along the West line of said Section Twenty -Seven (27); Thence South along the East line of Northwest Twenty-seventh Avenue as laid out along the West line of Section Twenty-seven (27), said line being 35 feet East of and parallel with the West line of Section 27, to the intersection with the South line of Block 11 of Winter Gardens 1st addition, Resubdivision (24-68); thence West along the prolongation of said Block 11 of Winter Gardens 1st Addition, Twenty (20) feet; thence South along a line fifteen (15) feet Easterly of and parallel with the West line of said Section 27 to the North line of Section 34, Township 54 South, Range 41 East (centerlilne N.W. 20th Street); Thence Westerly across Northwest Twenty-seventh (N.W. 27th) Avenue along the North line of Sections Thirty-four (34), Thirty-three (33), and Thirty - Two (32), to the North bank of the Tamiami Canal; thence Southerly and Westerly along the said North bank of the Tamiami Canal, through Sections Thirty -Two (32) and Thirty -One (31), Township Fifty -Three (53) South, Range Forty -One (41) East and continue Southerly and Westerly through Lot One (1), and continue Southerly and Westerly through Sections One and Two, Township Fifty -Four (54) South, Range Forty (40) East to a point of intersection with the westerly boundary of the F.E.C. R.R., thence northerly along said westerly boundary of the F.E.C. R.R. right-of-way for a distance of 1889.6 feet, more or less to a point of intersection with the North line of the Northeast Quarter (N.E. 1/4) of Section 20 Township 54 South, Range 40 East; thence run westerly along the said line of the Northeast Quarter (NE 1/4) of said Section 2 for a distance of 2.86 feet to a point of intersection with the Easterly boundary of the S.A.L. R.R. right-of-way for a distance of 836.46 feet to a P.C.; thence run Southerly along the are of a curve to the left having a radius of 1860.08 feet and a central angle of 20 03'30" for a distance of 651.18 feet to a P.T.; thence run Southerly along said Easterly boundary of the S.A.L. R.R. for a distance of 651.27 feet to a point on the Northerly bank of the Tamiami Canal; thence continue Southwesterly along the said Northerly bank of the Tamiami Canal to an intersection with the West line of Section Two (2) Township Fifty -Four (54) South Range forty (40) East; Thence South along the West line of Sections Two (2) and Eleven (11), Township Fifty -Four (54) South, Range Forty (40) East to the South line of S.W. 8th Street as now laid out along the North line of Section Eleven (11) , Township Fifty -Four (54) South, Range Forty (40) East; thence East along the South line of said S.W. 8th Street, as now laid out along the North line of said Section 11, to the West line of Section Twelve (12), Township Fifty-four (54) South, Range Forty (40) East; (S.W. 67th Ave.) Thence North along the West line of said Section Twelve (12), the sage being the coincident boundary line of the Town of West Miami to an intersection with the North line of said Section Twelve (12), said line also Bing the centerline of S.W. 8th Street; thence East along the North line of said Section Twelve (12), the same being the coincident boundary line of the Town of West Miami; to the Range line between Range Forty (40) East and Range Forty -One (41) East; (S.W. 57th Ave.) (6) 1 986.1 Thence East along the South line of Sections Six (6) and Five (5), Township Fifty-four (54) South, Range Forty-one (41) East the same being the coincident boundary of Coral Gables to the East lin � of the Revised Plat of Granada Section of Coral Gables according to the Plat thereof as recorded in Plat Book Eight (8) at Page One Hundred thirteen (113), Public Records of Dade County, Florida; Thence leaving coincident boundary of the City of Coral Gables and the City of Miami, run East along the South line of Section Five (5), Township Fifty-four (54) South, Range Forty-one (41) East, to the Northwest corner of the Douglas Section of Coral Gables Revised, as recorded in Plat Book Twenty-five (25) at Page Sixty-nine (69), Public Records of Dade County, Florida; Thence coincident with the boundary of the City of Coral Gables as follows: Run East along the South line of Section Five (5), Township Fifty-four (54) South, Range Forty-one (41) East to the Southwest corner of the Flagler Street Section of Coral Gables, as recorded in Plat Book Ten (10), at Page Twelve (12), Public Records of Dade County, Florida; Thence North along the West line of Blocks Thirteen (13) and Twelve (12) respectively of said Flagler Street Section of Coral Gables, to the Northwest corner of said Block Twelve (12); Thence East along the North line of said Block Twelve (12) to the Northeast corner thereof; Thence North along the West line of Blocks Four (4) and Three (3) respectively of said Flagler Street Section of Coral Gables to the Northwest corner of said Block Three (3); Thence East along the North line of said Block Three (3) and the production thereof to the East line of said Section Five (5), Township Fifty- four (54) South, Range Forty-one (41) East, centerline (S.W. 37th Avenue); Thence North along said East line of Section Five (5) to the intersection with the Westerly production of the North line of Block One (1) of said Flagler Street Section of Coral Gables; Thence East along the said Westerly production of the North line of Block One (1) and along the North line of Block One (1), Two hundred Two and Twenty -Seven One -Hundredths (202.27) feet, more or less, to the West line of the Flagler Street entrance, according to said Flagler Street Section of Coral Gables; Thence North along said West line One Hundred Sixty -Five (165) feet to a point on the North line of the Southwest Quarter (SW 1/4) of Section Four (4), Township Fifty-four (54) South, Range Forty -One (41) East, Two Hundred Two and Forty -One Hundredths (202.40) feet, more or less, East of the Northwest corner of said Southwest Quarter (SW 1/4) of Section Four (4) to the South line of the present limits of the said City of Miami. Thence East along the North line of the Southwest Quarter (SW 1/4) of Section Four (4), Township Fifty -Four (54) South, Range Forty -One (41) East 223.85 feet more or less to the intersection of the Northerly production of the East line of said Flagler Street entrance and the North line of the Southwest Quarter (SW 1/4) of said Section Four (4); thence Southerly along the East side of Flagler Street Entrance to a line parallel with and 165 feet more or less South of the North line of the Southwest Quarter (SW 1/4) of said Section 4; according the Plat of Flagler Street Section of Coral Gables, as recorded in Plat Book 10, Page 12 of the Public Records of Dade County, Florida; thence West along a line parallel with and 165 feet more or less South of the North line of the Southwest Quarter (SW 1/4) of said Section Four (4) 100.22 feet more or less to the present center line of Southwest 36th Court; thence• South along the center line of said Southwest 36th Court, which is thirty (30) feet West of and parallel With the West line of Blocks 7, 6 and 5 of the Amended Plat of Kirkland Heights as recorded in Plat Book 3 at Page 3 at Page 214 of the Public Records of Dade County, Florida, to the center line of Palma Court (also known as S.W. 2nd Street); I Thence West along said Center line of S.W. 2nd Street (Palma Court) to the East line of Douglas Road; thence South along said East line of Douglas Road said line being 15 feet and 25 feet East of the Section lines as laid out along the East lines Sections 5 and 8 of Township 54 South, Range 41 East to the center line of Section 9, Township 54 South, Range 41 East, S.W. 16th Street; thence West to the East line of Section 8, Township 54 South, Range 41 East; thence South along the East line of said Section 8 and along the East line of Section 179 Township 54 South, Range 41 East to the North line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 54 South, Range 41 East, Thence West along said North line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) to the East line of the West Half (W 1/2) of said Northeast Quarter (NE 1/4) of said Southeast Quarter (SE 1/4), thence South along last mentioned East line of the West half (W 1/2) to the South line of the Northeast Quarter (NE 1/4) of the Southeast (SE 1/4) of said Section 17, thence west along said South line of the North- east Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) to the Northwest (NW) corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 54 South, Range 41 East, S.W. 39th Avenue; thence South along the East line of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of said Section 17 and continuing South along the East line of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 54 South, Range 41 Fast to the North line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 20, (Orange Street) thence East to the center line of the East one-fourth (E 1/4) of said Section 20, thence South along the aforementioned center line of the East one-fourth (E1/4) (Brooker Street) to the center line of said section 20 (Grand Avenue); thence West along the centerline of said Section 20 (Grand Avenue) to a point one thousand ten and sixty-seven hundredths (1010.67) feet East of the center of said Section 20, Township 54 South, Range 41 East; thence South parallel to and one thousand ten and sixty-seven hundredths (1010.67) feet East of the center of said Section 20 to a point four hundred thirty and eighty-nine hundredths (430.89) feet more or less North of the South line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 20, thence West parallel to and four hundred thirty and eighty-nine hundredths (430.89) feet North of the South line of the Northwest (NW 1/4) Quarter of the Southeast Quarter (SE 1/4) of said Section 20 to the East side of LeJeune Road, thence South along said East side of LeJeune Road as laid out along the center lines of Sections 20 and 29 of Township 54 South, Range 41 East to the North line of the South one fourth (S 1/4) of said Section 29, thence East along the North lines of the South one-fourth (S 1/4) of Sections 29 and 28 of Township Fifty-four (54) South, Range Forty -One (41) East, and along the North line of the South One -Fourth (S 1/4) of said Section Twenty-eight (28) produced East to where this line intersects with the present Easterly City limits of Miami produced Southerly at the center line of Biscayne Bay. Thence leaving the City limits of Coral Gables run Northerly along the present City limits of Miami, said Center line being now particularly described and located hereinafter as a line produced Southerly to a point of intersection with a line running due East and West along the center line of Bear Cut, South of the most Southerly point of Virginia Key. Thence East along the last described line to the West boundary line of Section Twenty (20)1. Township Fifty -Four (54) South, Range Forty -Two (42) 'East; thence Northerly along the West boundary line of Section Twenty (20) and Section Seventeen (17), Township Fifty-Four(54) South, and Range Forty-two (42) East, which is also the West boundary of that certain tract of Bay Bottom land heretofore conveyed to the County of Dade, by the City of Miami, and recorded in Deed Book 3081 at Page 4 of the public Records of Dade County, Florida, to the Southwesterly right-of-way .line of the Rickenbacker Causeway; Thence continue Northerly along the West boundary line of Section Seventeen (17), Township Fifty -Four (54) South, Range Forty -Two (42) East to the intersection of the Northeasterly right-of-way line of the Rickenbacker Causeway; said right-of-way line being Six hundred and Sixty (660) feet more or less Northeasterly of and measured at right angles to the center line of said Rickenbacker Causeway; as conveyed to the County of Dade by the City of Miami, and recorded in Deed Book 2220 at Page 545 of the Public Records of said Dade County, Florida; Thence Southeasterly along the aforementioned right-of-way line to its intersection with the Northwesterly boundary of a tract of land described in an instrument recorded in Deed Book 3081 at Page 4 of the Public Records of Dade County, Florida; thence run Northeasterly along the Northwesterly boundary of the aforementioned tract to its intersection with the east line of Section Seventeen (17), Township Fifty-four (54) South, Range Forty -Two (42) East; thence run South to the Southeast corner of said Section Seventeen (17); Thence East along the South line of Section Sixteen (16), Township Fifty-four (54) South, Range Forty-two (42) East, which is also the North boundary of that certain tract of land heretofore conveyed to the County of Dade by the Trustees of the Internal Improvement Fund of the State of Florida and recorded in Deed Book 2065' at Page 454 of the Public Records of Dade County, Florida, to the intersection with the Southerly shore line of Virginia Key; Thence Southerly and Easterly for a distance of Fifteen Hundred (1500) Feet along a line having its Southerly terminus at the most Easterly point on the Easterly shore line of Biscayne Key, said line being the Easterly boundary of that tract of submerged land, as conveyed to Dade County by Internal Improvement Fund of the State of Florida, and recorded in Deed Book 2224 at Page 508 of the Public Records of Dade County, Florida; Thence run Northeasterly meandering along a line Fifteen Hundred (1500) Feet distant Southeasterly and Easterly from the low water mark of the Atlantic Ocean to the intersection with the Southeasterly production of a line bearing North Fifty Degrees, Fifty Minutes West (N. 560 50' W.), said line being that same course which is described in the deed from the Internal Improvement Fund of the State of Florida to the City of Miami, filed for record on August 31, 1942, in Deed Book 2247 at Page 260 of the Public Records of Dade County, Florida, said course being described in Said instrument as, "Thence run North Fifty Degrees, Fifty Minutes West (N. 50 50' W.), on a line which is Seven Hundred (700) feet Northeasterly from and parallel to the Northeasterly side of the tract of land heretofore acquired by the Trustees of the Internal Improvement Fund, through Master's Deed, dated May 21, 1940, and recorded in Deed Book 2065 at Page 487, Public Records of Dade County, Florida, a distance of Four Thousand Four Hundred Eighty (4,480) feet, more or less, to a point of intersection with the East line bf the West one-half (W. 112) of said Section Nine (9); Thence run North on the said East line of the West one-half (W 1/2) of said Section 9 a distance of 1,320 feet to a point of intersection with a line which is 100 feet North oof and parallel with the North boundary of Fisher's Island; thence run N 88 041E along said line being 100 feet North of and parallel with the Northerly boundary of Fisher's Island to a point of intersection with the southerly line of the Miami Municipal Channel; thence run northwesterly along the southerly line of the said Miami Municipal Channel to a point of intersection with the northerly line of the F.E.C. Railway Company Channel; thence run easterly along said northerly line of F.E.C. Railway Company Channel to a point of intersection with a line which is eighty (80) feet northeasterly from and measured at right angles to the centerline of the Miami Municipal Channel, said line being the same which is described in the deed from the Internal Improvement Fund of the State of Florida to the City of Miami, filed for records January 21, 1932 in Deed Book 1472 at Page 474 of the Public Records of Dade County, Florida; thence run northwesterly along the aforesaid described line to a point of intersection with the East boundary of the City of Miami Corporate Limits, as authorized by Chapter 116117 (No. 282) 1925 Laws of the State of Florida [CHAPTER 57-1583 SENATE BILL N0. 10431. Thence Northeasterly along the said Easterly Corporate Limits of the City of Miami to a point on the center line of the General Douglas MacArthur Causeway, said point being One Thousand Nine Hundred Seventeen and Forty Seven Jiundredths (1,917.47) feet Northwesterly from the intersection of the Southerly production of the center line of Fountain Street as shown on the Plat of Palm Island as recorded in Plat Book 6 at Page 54 of the Public Records of Dade County, Florida with the center line of said General Douglas MacArthur Causeway; ,s L Thence ?ontinue Northeasterly along said Easterly Corporate Limits to a point on th..: South line of the Venetian Way, said point being Thirteen and Seventy -Five One Hundredths (13.75) feet East of th..: most Easterly extremity of San Marco Island as recorded in Plat Book 9 at Page 21 of the Public Records of Dade County, Florida, and continuing northerly along the last described line to a point of intersection with the Southerly production of a line which is Two Hundred and Fifty (250) feet West and parallel with the East line of Section 8, Township 53 South, Range 42 East, as shown on the "Map of Highway Right -of -Way of Proposed Northeast 79th Street Causeway Across Biscayne Bay," as recorded in Plat Book 25 at Page 70 of the Public Records of Dsde County, Florida, and as also shown on the Plat of North Bay Island, as -ecorded in Plat Book 40 at Page 59 of the Public Records of said Dade County; Thence continue Northerly along the last described line to a point of intersection with the North line of said Section 8; said point being Two Hundred and Fifty (250) feet West of the Northeast corner of Section 8, Township 53 South, Range 42 East; Thence Wes* along the North line of said Section 8 to the Westerly shore line of Biscayne Bay, to the point of Beginning. (10)$ CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Jose Garcia -Pedrosa City Attorney ,R nATE- June 14, 1984 FILE: J-84-558 SUBJECT: Ordinance Revising City Charter `Y REFERENCES: City Commission Agenda 6/14/84 ENCLOSURES: The attached proposed ordinance is in proper form for first reading at the meeting of June 14, 1984. JGP/RFC/wpc/pb i 1 D I i - 9861 CITI Oc' MIA"' FLORIDA 49 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members May 299 1984 FILE: of the City Commission Charter A j,y Cam- missionrAom Jose Garcia -Pedrosa Procedural Timetable City Attorney Since a possible housekeeping Charter Amendment has been the subject of several recent public hearings held throughout the City, we have prepared an attached proposed resolution directing that such an amendment be drafted in ordinance form to be considered by the City Commission on second and final reading at its June 28, 1984 meeting. In the absence of ,any further consideration by the City Commission of the Charter Amendment prohibiting electronic opinion polling, the housekeeping Charter Amendment has been referred to as Charter Amendment No. 1. We will also be forwarding a copy of the proposed ordinance (Charter Amendment No. 1) to be considered on first. reading at the June 14, 1984 meeting if the attached Resolution is adopted. If the City Commission adopts such an ordinance on final readinq at its meeting of June 28, 1984, a resolution calling �! for a referendum on September 4, 1984 would also be appropriate for adoption on June 28, 1984. JGP/RFC/rr/D-M cc: Howard V. Gary, City Manager Ralph G. Ongie, City Clerk r °, THE MIAMi NEWS A COX NEWSPAPER PUBLISHED DAMY bUAIvU — DADE — FWRMA STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Eddie L. Sweet who on oath says that he/she is Office Manager of The Miami Nees, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues Of ... June 18, 1984 Affiant further says that the said The Miami News is a newspaper published at Miami, in the said Dade County, and that the said newspaper has heretofore been continuously published in said Dade County, Florida. each day and has been entered as second class mail mat- ter at -the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he has neither paid nor pro - raised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for/"b)li q n the said newspaper. ..................................... a ... ......................... 18th Sworn to and subscribed knfor, 0 this .......... ...... day of .....,Tune.... AD. .x Mycommission expires ................................................................. NOTARY PUBLIC ST,,T1 MY CONVAir-1: C1 I D i! YCI T y' Q. OF A A. 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 Dianna Stuver, who on oath says that she is the Assistant to the Publisher of the Miami Renew and Daily Record, a daily (except Saturday, Sunday and regal Holidays) newspaper, Dade County, Florift that ow attached copy�advaat tlsemeistmi nt, being a Legal Advertleement of Notice HMV %IAMI Re: ORDINANCE NO. Inthe ..........X..X .?; ....................... Court, wss published in said newspaper in the Issues of June 20, 1984 AMiant hw r says that the said MtuM Review and pally Record b a Wer published at MWM In sald DeftCount, pio" and said has heretofore been cordkwousiy pubus-W In saidd oatlsCo�aysFlorida, each day e�ir Mimed as ieoend lday arid ass r"all mnatbr at tM) post ofice In Miami In am Dads County, Florida, for a period of one year next no the firet �bI�calion Of tM attached of a w""M"M nd arttlarrt f wdw says that sire has MIX fher Or aorp at _ any d4aarnR robs" ooam sion or for the purpose of securing tMs ;7"' a� for pumkuldon M the said r ear. Jl J.r., `qv gem to irides i►�t6jd before me this s. JOT ;=A.o. t9.... . 84 • Stab o� at t�rpe 0 • vw My Camml tiGAL NOTIONS All Intafebted Will 106 notice that on the 28th d(ty of Junth, 104, the City Commission of Miami, Florida Wooled the following titled ordinance: ORDINANCE NO. Oft? AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW SUS - SECTION 2003.9 ENTITLED "TEMPORARY SPECIAL EVENTS, SPECIAL PERMITS," TO SECTION 2003 ENTITLED "ACCES- SORY USES AND STRUCTURES," OF ARTICLE 20 ENTITLED "GENERAL AND SUPPLEMENTAL REGULATIONS," BY PRO- VIDING FOR REGULATIONS OF CARNIVALS, FESTiVALS, FAiRS AND SIMILAR ACTIVITIES WITHIN THE CiTY OF MIAMI BY RESTRICTING DAYS OF OPERATION AND LOCATIONS AND REQUIRING CLASS $PERMITS; FURTHER AUTHtfyf- )ZING THE CITY MANAGER TO ESTA&LiSH ADDITIONAL PROCEDURES AND SAFEGUARDS AS NECESSARY; CONTAINING A REPEALER PROVISION AND A SEVERABiL- ITY CLAUSE. ORDINANCE NO.9858 MIAMI REVIEW No. �'TIEZO ZONING ORDINANCE OF THE CITY OF MIAMIAMENDING THE TEXT OF , FLORIDA, BY AMENDING SECTION 2031.2 OF SECTION 2031 AND DAILY RECORD ENTITLED "DRIVE-IN ESTABLISHMENTS; CAR WASHES, BY CLARIFYING LANGUAGE AND INCREASING THE REQ. Published Deily except Saturday, Sunday and UISITE NUMBER OF RESERVOIR SPACES FOR DRIVE-iN Legal Holidays FACILITIES OF BANKS, CAR WASHES, AND EATING ESTAB- Miami, Dade County, Florida. LiSHMENTSu; CONTAINING A REPEALER PROVISION AND STATE OF FLORIDA SEVERABILITY CLAUSS. COUNTY OF DADE: ORDINANCE NO.9859 Before the undersigned authority personally appeared AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDi- Soade UBitiams, who on oath says that the Is the Vice President NANCE NO.9500, THE ZONING ORDINANCE OF THE CiTY of daily gal(ex Advertising of the Miami Renew and Daily Record, a OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI- — daily (except Saturday, Sunday and Legal datthat t newspaper, FICATION OF APPROXIMATELY 2226 SOUTHWEST 25TH AVE- COPY at Miami In Dade County, Fonda; that the attached copy of advertisement. balmy s Legal Advertisement of Notice In the matter of NUE AND 2511.75 SOUTHWEST 22NO TERRACE, At�11 X1, CITY OF MIAMI FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM Re : ORDINANCE N0. 9861 RS-2/2 ONE FAMILY DETACHED RESIDENTAAI. TO CR-21T COMMERMAL-RESIDENTIAL (COMMUNiM BY=MAK#Nt;F IND INGS; AND BY MAKING ALL THE NECESSARY CHANGESr` ON PAGE NO.43 OF SAID ZONING ATLAS MALE A PART,QF ORDINANCE NO.95W BY REFEREN6E.AN6 DESC PTI6N' IN ARTICLE 3, SECTIOM 300, THEREOF;`CONTAINING _'A, REPEALER PROVISION AND A SEVERABILITY CLAUSE. In the ......... X..X .X ........................ Court, ORDINANCE N0.9860 was published in said newspaper in the issues of July 6, 1984 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY ADDING A NEW-SECTiON 54.17 PROVIDING THAT VEHICULAR ACCESS TO A PARTICULAR STREET BE PROHIBITED: AT. AN INTERSEOTION:WHERE' '- SUCH PROHIBITION 1S FOUND TO BE IN THE BESTINTER• Affiant further says that the said Miami Renew and Daily EST OF THE PUBLIC; PROVIDING A PROCEDURE TO OBTAIN Re d pubilshred at Mlanf in said Dads Couny, SUCH PROHIBITION; AND, PROVIDING FOR A CUL-DE-SAC Florida.ind that he said newspaper has heretofore been OR OTHER TURNAROUND ON STREETS `WHERE VEMIOU- (excepwusty published In said Dada Couptt��r,, Florida. each day LAR ACCESS 1S PROHIBITED, CONTAINING AAEPEALER (except Saturday, Sunday and LegalHo1Msys)and has ears emered as second class mail matter at tM post office In PROVISION AND A.SEVERABILITY. CLAUSE Miami in said Dads County, Florida, for s period of one year next pneeding the first publication of the attached copy of ORDINANCE NO: 9661 admil"men and afflsnt further says that she has ro,24r srry pern, f4m of corporation arty discount, ad rtl for nort forr p orubiicrsfusonf!,� se of securing this AN ORDINANCE SETTING FORTH A PROPOSEWCHARTEI3 5 ' adw�tjtaf_ihpapa, AMENDMENT, KNOWN AS "CHARTER AMENDMENT �NO.'. ;. r Y 1", AMENDING THE CHARTER OF THE IrITY OF 1rNAMt, . ... .... ... ��• • • • p •,r FLORIDA, BY CORRECTING GRAMMATICAL' SYNTA CT1"11 AND LINGUISTIC ERRORS. ELIMINATING OBWLETE OR O Tq REDUNDANT PROVISIONS, AND RESTRUCTURING AND v' ewoi0�to sew ad ibi}I balk* me this RENUMBERING CHARTER SEG-nONS AND PARTS THVtSCF : . • O ®! • * _ FOR CLARITY; INSTRUCTING THE PROPER CITY OFFlt W 6 th .. y of . .. r.. • ; , A.& 19.... $ � TO TAKE ALL NECESSARY ACTIONS FOR SUBMISSION OF SAID PROPOSED CHARTER AMENDMENT TO THE ELEC • ``' TORATE AT A SPECIAL.. MUNICIPAL ELEL7WN ON*VSPMW Its at Large BER 4, 1084; AND CONTAINING A SEVERABILITY OL AiJSE. (SEAL) ��r i t u ► t 1�``` ORDINANCE NO, 92 My Commission expires Juno 1, 1987. AN ORDINANCE AMENDING CHAPTER 22, Vt4T1' LED -Wp SAGE AND TRASH", OF THE CODE OF THE 017Y OF MIA N, FLORIDA, AS AiiMENDED,"8Y AMENDING SECTION$ 224, 22,9, 22.12, 22-17, 22-16, AND 22-43 OF SAID CHAPI ,, PROVIDING BY SAID AMENDMENT'S THE FOLIOYViNti'•A1i ADDITIONAL REQUIREMENT FOR PLACEMENT LOCAIM OF DUMPSTERS IN NEW COMMERt^rLAL OR MU11,T1,FAMILY RESIDENTIAL BUILDINGS; A' CLAAfFICATM_OF �$ AND PAYABi E OURING PERIODS EVEN VpMH ARE TEMPORARILY VACANT; THAT CERTAIN I NDIV00At,B, OTHER THAN -OWNER* $HALL.- ASSUME INQRE,A WI".' RESPONSIBILITY FOR THE C9NDITIOM OR't'ITiOlfERT�f AiNiD VIOLATIONS Y11HI .I, 0=0 ON SAID f $�tT►r1 THAT CITATIONS BE IMAITf€N BY SANITATION 4NSP�iO1 ' RESV6TIN#G IN KNALTAN IF .SAID Vi4"TIQN$ ARE eT CORRECTEQ WITH#N:A BPECIFIEQPER#t2DLiF#ItAE; ALL R609PTACUSOWN00 fIY f MATE SAN ITAiM t�M� RAL,PH O.I /�yY CLERIC . MR 110 0 N CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM TO: Howard V. Gary City Manager 1 FROM: Clara`rice Patterson, Director Department of Solid Waste DATE: May 3, 1984 FILE: SUBJECT: Proposed Ordinance: Changes to Chapter 22 of the Code REFERENCES: ENCLOSURE& It is recommended that Chapter 22 of the City Code be amended to strengthen the ability of the Solid Waste Department to enforce the several sanitation codes through the use of a procedure which would assess penalties against frequent violators. The attached ordinance is the result of requests by members of the City Commission to strengthen our ability to enforce sanitation codes as well as to enhance the codes. This matter was discussed by the Commission on April 26, 1984. The proposed ordinance would improve the ability of sanitation inspectors to perform their jobs more efficiently. We have researched ordinances from other major metropolitan cities as well as local municipalities. This proposed ordinance is similar to those of Hialeah and Miami Beach. The key feature of this proposal is the ability of inspectors to write "tickets" to violators whereby a penalty is automatically levied within days of the writing of the ticket if the alleged violation is not corrected. It is the belief of this Department that the increased sanctions contained in the proposed ordinance will be a more effective way to clean up the City of Miami. An equally important provision of this ordinance is to require, through an amendment to the City's zoning ordinance, the providing of garbage rooms in connection with all new commercial buildings and multi -family buildings containing six (6) or more units. This requirement would enhance the ability of such properties to store refuse in a neat and unsightly manner and aid in the reduction of litter along streets and on adjacent properties. -2- It cannot be stressed strongly enough that the ability to fine violators, without the cumbersome use of the Courts or the Code Enforcement Board, is imperative if the City of Miami is truly concerned with its own cleanness. While educational efforts have helped, we continue to have a major problem with flagrant violators.