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Home My WebLink AboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00876 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," MORE PARTICULARLY BY ESTABLISHING THE CITY OF MIAMI BEAUTIFICATION COMMITTEE TO SERVE IN AN ADVISORY CAPACITY TO THE CITY OF MIAMI RELATING TO BEAUTIFICATION AND LANDSCAPING PROJECTS CITYWIDE, INCLUDING, BUT NOT LIMITED TO TREE PLANTINGS, MEDIAN MAINTENANCE, TRAFFIC CIRCLE MAINTENANCE, AND OTHER SIMILAR PROJECTS; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") through various departments such as Public Works, Parks and Recreation, and Capital Improvements and Transportation Programs, embarks on various projects that result in the beautification of the City, such as tree plantings, landscaping, and median maintenance; and WHEREAS, the City Commission desires to create a committee, known as the "City of Miami Beautification Committee," to advise the City relating to beautification and landscaping projects; and WHEREAS, such input will result in a more beautiful City for residents and guests; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2 of the City Code, is amended in the following particulars: {1} "Chapter 2" ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS * DIVISION 13. RESERVEDCity of Miami Beautification Committee Sec. 2-1175. - Established City of Miami Page 1 of 4 File Id: 15-00876 (Version: 1) Printed On: 8/24/2015 File Number 15-00876 There is hereby established a limited agency and instrumentality of the City to be known as the "City of Miami Beautification Committee" and shall be hereinafter referred to as the "Committee". Sec. 2-1176. Purpose, Powers, and Duties. The purpose, powers, and duties of the Committee are: (1) To review projects, contracts, and proposals of various City departments, including, but not limited to, the Parks and Recreation Department, Public Works Department, and Capital Improvements and Transportation Programs, and offer input as to selection or design of landscaping, tree canopy, median maintenance, traffic circle maintenance, swale maintenance or other such factors that may affect the aesthetic quality of the project or proposal, (2) To hold public hearings to receive public input on beautification efforts pertaining to specific projects or in general; (3) To issue recommendations to the City Manager or designee on any actions taken by the City as it pertains to beautification and aesthetic enhancement; and (4) To serve in an advisory capacity to the City Commission and recommend, in writing, any proposed policy changes that would enhance the beautification and aesthetic appeal of the City. Sec. 2-1177. - Membership; term of office; vacancies; officers; rules of procedure; meetings; quorum; attendance requirements (a) Composition, Appointment, and Qualifications. The Committee shall consist of seven (7) regular voting members. All voting members shall be invested in the City and serve without compensation. Each member shall have an interest in, or experience relating to, landscaping, landscape architecture, gardening, construction, the natural environment, or beautification. Members shall be appointed as follows: (1) Each of the five (5) City Commissioners shall appoint one (1) person to serve as voting members of the Committee. Any such voting member shall be a City resident, work in the City, or own real property in the City; (2) One (1) person shall be appointed by the Mayor, who shall be a City resident, work in the City, or own real property in the City; and (3) One (1) person shall be appointed by the City Manager who shall be a City resident, work in the City, or own real property in the City. (4) No alternates shall be appointed. (b) Terms of office. The terms of office of the members of the Committee shall be: (1) One year; (2) Until the nominating commissioner or Mayor leaves office; or (3) Until recommended for removal, at the will of the nominating commissioner, Mayor, or City Manager, voted upon by the members of the City Commission, whichever occurs first. When the nominating commissioner or Mayor leaves office, the Committee member's term shall expire. Vacancies on the Committee shall be filled by the Commission for the unexpired term. Committee members shall continue to serve until their successors have been appointed and qualified. City of Miami Page 2 of 4 File Id: 15-00876 (Version: 1) Printed On: 8/24/2015 File Number: 15-00876 (c) Minimum Attendance Requirements. It is expected that appointed members of the Beautification Committee attend each meeting. Any member of the Committee who is absent from more than three (3) consecutive meetings shall automatically be deemed to have vacated his or her position. (d) Removal. The City Commission shall have the power to remove any member, for cause, as articulated by the City Commission, by four -fifths (4/5ths) vote of its membership or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation. (e) Vacancies. In the event a vacancy occurs on the Committee, whether automatically, by vote of the City Commission, or by resignation of the member, the Mayor, the City Manager, or City Commissioner who appointed the vacating member, may, subject to ratification by the City Commission, appoint a qualified person to fill the remaining term of the vacant position. The appointment may be made at the next regularly scheduled meeting of the City Commission or as soon as practicable thereafter. Such appointment shall be consistent with the membership requirements stated in Section 2-1177(a) of the City Code, (f) Waiver. The City Commission shall have the power to waive any of the requirements of Section 2-1177(a) of the City Code by four -fifths (4/5ths) vote of its membership or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation. (q) Officers. The Committee shall have its first meeting within thirty (30) days of the final appointment of all Committee members. At the initial organizational meeting, the members of the Committee shall select and designate a Chairperson and Vice -chairperson from among the members of the Committee who shall serve at the pleasure of the Committee. (h) Meetings and Quorum. All meetings of the Committee shall be noticed and open to the public. A minimum of fifty percent (50%) plus one (1) of the Committee's total members shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of not less than fifty percent (50%) plus one (1) of the members present and voting at any meeting is required for any action to be taken by the members. (i) Rules of Procedure. The Committee may adopt its own rules of procedure governing its meetings which shall be filed with the City Clerk. The Committee shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), of the Florida Statutes. The minutes of each meeting shall be promptly made available by the City Clerk and such records shall be open to public inspection. Sec. 2-1178 - Legal Counsel. The City Attorney shall serve as legal counsel to the Committee and shall provide legal advice on all matters considered by the Committee. Sec. 2-1179 City Manager. City of Miami Page 3 of 4 File Id: 15-00876 (Version: 1) Printed On: 8/24/2015 File Number: 15-00876 It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for administrative necessary support to the Committee, including assignment of a particular person to act as liaison and Secretary to the Committee. The City Manager or designee may participate in deliberations of the Committee and may give technical and policy advice to the Committee as requested. Secs. 2-1180-2-1189. - Reserved. Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. 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 immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {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 (10) 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. City of Miami Page 4 of 4 File Id: 15-00876 (Version: 1) Printed On: 8/24/2015