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Ordinance: 13065
File Number: 09-00363
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/14/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST,"
MORE PARTICULARLY BY AMENDING SECTION 38-233, TO AMEND THE
LIMITATION ON TERM OF OFFICE OF THE VIRGINIA KEY BEACH PARKS TRUST;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Article VI of Chapter 38 of the Code of the City of Miami, Florida, as amended ("City
Code"), establishes the Virginia Key Beach Park Trust ("Trust") and empowers the Trust to assist and
to advise the City Commission of the City of Miami ("City"), the Department of Parks and Recreation,
other City departments, and other public officials and entities concerning the Virginia Key Beach Park;
and
WHEREAS, the Board of Trustees of the Trust voted to recommend an amendment to Section 38-
233 of the City Code to the City Commission to allow the waiver of the existing term limitation on Trust
members;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article VI of the City Code, entitled "Parks and Recreation/Virginia Key
Beach Park Trust," is amended in the following particulars:{1}
"CHAPTER 38
PARKS AND RECREATION
ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST
Sec. 38-233 Governing body: composition and appointments; terms of office and vacancies;
membership eligibility requirements; oath; quorum and voting; meetings; attendance
requirements; indemnification.
(a) Composition and appointments. The Trust shall consist of nine (9) members comprised as
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File Number: 09-00363
follows:
(1) One (1) member appointed by the Mayor;
Enactment Number: 13065
(2) Five (5) members appointed by the City Commission, with each Commissioner nominating
one individual;
(3) Three (3) at -large members initially nominated by the existing or former members of the
Virginia Key Beach Advisory Board and subsequently nominated by a majority of the
existing members of the Trust and confirmed and appointed by the City Commission;
(4) The Trust members shall broadly reflect the diversity of the community and share
technical, professional expertise or experiential knowledge and interest in the following
areas: natural and environmental sciences, historic preservation and restoration,
history of the Old County Park on Virginia Key, architecture and engineering, planning
and land use law, administration and fiscal management, recreation and cultural
endeavors, public relations and marketing, and Park management and programs.
(b) Terms of office and vacancies. Each member shall be appointed by the Mayor or City
Commission for a term of two years or until the Mayor or nominating Commissioner leaves office,
whichever occurs first, except that any person appointed to fill a vacancy due to the death,
resignation or removal of any member of the Trust shall serve only for the remainder of the unexpired
term. No member shall serve more than eight consecutive years on the Trust. Nothing set forth
herein shall prohibit any individual from being reappointed after a hiatus of two years.
The eight -consecutive year limitation contained in Subsection (b) of this section may be
waived for a particular Trust member who has completed eight consecutive years to
aermit such board member to be reconsidered annuallv for an additional one-vear term
a unanimous vote of the members of the Citv Commission.
Section 3. 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.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
Footnotes:
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File Number: 09-00363
Enactment Number: 13065
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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