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HomeMy WebLinkAboutSR LegislationJ-04-019 1/7/04 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ARTICLE Vil, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD" BY PROVIDING THAT THE BOARD MAY INCLUDE PALEONTOLOGICAL SITES ON A HISTORIC SURVEY, AND THAT PERSONNEL ASSIGNED TO THE BOARD WILL INCLUDE AN ARCHEOLOGICAL STAFF MEMBER OR CONSULTANT; CORRECTING NAME OF PLANNING AND ZONING DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary to enact certain housekeeping amendments to the Article in the City Code which deals with the Historic and Environmental Preservation Board in order to provide that the Board may maintain and update files concerning paleontological sites and further that the Board will have assigned to it an archeologist as a staff member or as consultant to be utilized by the Board whenever it is required; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62, Article VII, entitled "Historic and Environmental Preservation Board" of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:'' CHAPTER 62, ARTICLE VII - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD Sec. 62-188. Functions, powers and duties, generally. In addition to such other powers, duties, and authority as may be set forth elsewhere in the Miami City Code and in the zoning ordinance, the board is hereby authorized to: (1) Maintain and update files from the county historic survey within the city for the purpose of identifying and preserving those properties and neighborhoods of 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. special historic, aesthetic, architectural, archeological, paleontological cultural, social, or political value or interest. It shall endeavor to improve and expand the survey with additional sites, documentary information, oral histories, and other such materials as may become available; and to periodically reevaluate the survey to determine whether changing times and values warrant recognition of new or different areas of significance. Sec. 62-189. Proceedings. * * (g) Assignment of personnel. The city manager shall assign adequate staff for the board to carry out its responsibilities and duties, including but limited to, representatives from the departments of planning, building and zoning and law. Personnel shall include, at a minimum, a preservation officer as set forth in section 62-191 below, and an archeological staff member or consultant, pursuant to Section 16A-3(2)(c) of the Code of Miami -Dade County, Florida. (h) Public record. Minutes of each board meeting shall be prepared by staff representatives assigned by the city manager, under the supervision and direction of the board. Copies of the minutes and all certificates issued by the board shall be filed with the planning, building and zoning department. Sec. 62-190. Compensation. Members and alternate members of the board shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to the prior approval of the director of the planning, building and zoning department. Sec. 62-191. Preservation officer. The city manager shall appoint a person from the planning, building and zoning department to serve as preservation officer to assist the board. The appointee shall be 3 experienced and knowledgeable in respect to architectural history, urban design, Local history, landscape materials, site planning, and land use control regulations. In addition to such duties as may be set forth in chapters 17 and 23 of the Miami City Code and article 7 of the zoning ordinance, the preservation officer shall: Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 PASSED January ON FIRST READING BY TITLE ONLY this 22nd day of , 2004. 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. 4 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2004. MANUEL A. DIAZ, MAYOR ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM ' D CORRECTNESS: JANDRO VI ARELLO Y ATTORN 1578:RSRdb 5