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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #2739 Ordinance First Reading Sponsored by: Francis Suarez, Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 2/ARTICLE XI/DIVISION 13/SECTION 2-1177 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI BEAUTIFICATION COMMITTEE/MEMBERSHIP; TERM OF OFFICE; VACANCIES; OFFICERS; RULES OF PROCEDURE; MEETINGS; QUORUM; ATTENDANCE REQUIREMENTS," BY AMENDING THE QUORUM AND TERM PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 2739 (Revision: A) Printed On: 1/30/2025 City of Miami Legislation Ordinance File Number: 2739 Final Action Date: 12/14/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 2/ARTICLE XI/DIVISION 13/SECTION 2-1177 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI BEAUTIFICATION COMMITTEE/MEMBERSHIP; TERM OF OFFICE; VACANCIES; OFFICERS; RULES OF PROCEDURE; MEETINGS; QUORUM; ATTENDANCE REQUIREMENTS," BY AMENDING THE QUORUM AND TERM PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission established the Beautification Committee ("Committee") to provide for public input on the beatification of the City of Miami ("City") by reviewing projects, contracts, and proposals of various City departments and offering input as to selection or design of landscaping, tree canopy, median maintenance, traffic circle maintenance, swale maintenance, or other factors that may affect the aesthetic quality of the project or proposal, and making recommendations to the City Manager and City Commission regarding aesthetics and beautification of the City; and WHEREAS, pursuant to Section 2-1177 of Code of the City of Miami, Florida, as amended ("City Code"), the current membership of the Committee is nine (9) members and no alternates, all appointed by either the City Commission, Mayor, City Manager, Miami Neighborhoods United, or Downtown Development Authority; and WHEREAS, the same section of the City Code further provides that six (6) Committee members constitute a quorum and that the term of office for Committee members shall either be one (1) year; until the nominating Commissioner, Mayor, or City Manager leaves office; or until removal is recommended and voted upon by the members of the City Commission; and WHEREAS, on June 1, 2017, the Committee adopted two (2) motions, BC 2017-01 and BC 2017-02, which are incorporated herein by reference, requesting that the City Commission amend the City Code to reduce the quorum requirement to four (4) members and change the term of office to either five (5) years or until removal is recommended and voted upon by the members of the City Commission; and WHEREAS, the City Commission has determined that it is in the best interest of the City to amend the City Code to reflect the Committee's recommended changes; 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 Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami File ID: 2739 (Revision: A) Printed On: 1/30/2025 Section 2. Chapter 2 of the City Code is amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 13. CITY OF MIAMI BEAUTIFICATION COMMITTEE * * * * 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 nine 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 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 LU 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 LU 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) One LU person shall be appointed by Miami Neighborhoods United (MNU); and (5) One LU person shall be appointed by the Downtown Development Authority (DDA); and (6) No alternates shall be appointed. (b) Terms of office. The terms of office of the members of the Committee shall be: (1) Five (5)Qn.e years; or {2) Until the nominating commissioner, Manager, or Mayor leaves office; or (23) 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 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. City of Miami File ID: 2739 (Revision: A) Printed On: 1/30/2025 first. When the nominating commissioner, Mayor, or City Manager leaves office, the Committee member's term shall expire. (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. If a vacancy occurs pursuant to a nominating commissioner, Manager, or Mayor's departure, then the vacancy shall be filled by nomination of the successor. (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. (g) 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 four (4) 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. *„ Section 3. If any section, part of a 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 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 City of Miami File ID: 2739 (Revision: A) Printed On: 1/30/2025 APPROVED AS TO FORM AND CORRECTNESS: ndez, City tton effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 2739 (Revision: A) Printed On: 1/30/2025