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HomeMy WebLinkAboutR-78-0145RFC/rb 2/23/78 RESOLUTION NO, /3-1L5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL CONTRACT OF INDEMNITY AND AN APPLICATION FOR AN INDEMNITY BOND FROM THE AETNA CASUALTY & SURETY COn IN CONNECTION WITH THE CITY'S LEASE OF THE MIAMI EXPO/CENTER FROM THE MIAMI INTER- NATIONAL MERCHANDISE MART, INC., AS PREVIOUSLY AUTHORIZED UNDER RESOLUTION NO, 78-b, ADOPTED JANUARY 11, 1978. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a general contract of indemnity and an application for an indemnity bond from the Aetna Casualty & Surety Co. in connection with the City's lease of the Miami Expo/Center from the Miami International Merchandise Mart, Inc., as previously authorized under Resolution No. 78-6, adopted January 11, 1978. PASSED AND ADOPTED this 23rd day of February, 1978. ATTEST: MAURICE A. FERRE MAURICE A. FERRE, MAYO R PG„ ONGIE, ITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK, ASSISTANT CYTY ATTORNEY APPROVED A 0 ORM AND CORRECTNESS; _ ..---- GE0CITY ATTORNEY "DOCUMENT INDEX ITEM Era.. _•,. CITY COMMISSION MEETING OF FEB«1978 78 14D NESOLUTIQN NO t )I• A• i• j ipp LIFE iw CASUALt'r Casualty & Surety Uwisiott 95 Merrick Way Coral Gables, Florida 33134 (305) 446-i 911 (Dade) (305) 595-33 44 (Rroward) :1~ob °u.ai,t P1, 1978 tr. Caorga F. f:nox, City Attorney taw ba iarvtnent• 174 fast Flaglet Street Aiiatu, Florida 33131 Dear Mr. Knox: 1te t Miami / Etpo Center tiiscei1aneous Indemnity bonds 1) 23 S 34589 DCA 2) 23 S 34593 DCA Confirming our phona conversation today, you will obtain a City Co:a tLccion resolution or ratification giving authority to Joseph Gre33ie, City iiznager, to sign 1 tnat s General Contract of Indetannity dated today in support of the two captioned bonds. Ve understand that the Cor" sion will be meetin;, this hu=day, coruary 23 Ld and we want th�r to t^':e this Lat ier up at that z eetin . Please forward the approved resolution/ ra•tification to nc as soon as possible. If you have ony questions, please let me know. c.c. Joseph Grassie, City I onager, City of I ia:ai., Florida Sincer.ly, /c Ro1f p . l?euschaefer, Sup t 1 Pond Department 1 city ATTORNEY GEORGE F. KNOX, J. ofkli, . l tr LAW bcPAF1tM NT 174 EAST FLACLEr STREET 31131 February 21st, 1978 The Aetna Casualty & Surety Company 95 Merrick Way Coral Cables, Florida 33134 Dear Sirs: TELEPHONE 305-579-67CA DEPUTY CITY ATTORNEY JOSE F3ENITO ALVAREZ The City Manager has authority to execute the indemnification bond, as provided under Section 16(g) of the City of Miami's Charter. The original lease agreement with Miami International Merchadise Mart was executed January 30, 1978, pursuant to Commission action dated January 11, 1978, under Resolution 78-6. truly yours, oe Geer Cit, GFK: j r F. Knox, Jr. ttorney § 1G `-, 6 111atd1 ant. CODE moasx . 11 become effective, the commission shall, by a ma- l,a jority vote.' . its members, adopt a preliminary 'f7, stating the re is far his removal. 'Thee city manager ay `hick r. reply in writingmay request a public hearing, Shall :be held not eiti• than twenty days nor later than • a. thirty days;ifter the filing such request. After such public hearing, if one be requested, .' after full consi leratiou the • .t commission, by a majority vote o .2leiilbe1'S, may adopt a •d final resolution of removal. (Char. Arne No. 2, 1-1- 2,.) of '. Effect of llmeudment.—•The 1962 amendment added tionthis section, as :indicated above. Sec. 36. i$3me--Powers and<dulies•.' The powers and duties of the city manager shall be: fa) d'.osee tbatthe laws :tndordinances fireenforced. 4b) To -appoint and remove, except is herein provided, all directors of the departments and all subordnaate officers and • employees in the departments in both the classified and un- classified .service;, all :appointments to be upon merit and fit-11 7. Cross Itefcrence.—As to removal and suspension of chief of police, see note to § 26.it .:is herein provided," employed in i< Annotation. --The phraseexcel subsection.4b) •of this section, qualifies or limits;vary provision of the City ,Churter providing for removals in specific cases, and such other provisions ;must be construed with the subsection. Bryan v. Landis, 1tl1 • 1` 11a. 19, 142 So. 650, Ga . i 1E It was the intention of the legislature to make the city manager at all times hold office subject to the will of the commission upon whom rested the administrative affairs of the city government, which round be .speedily checked and corrected if necessary at the will of the cum- 11 . 1omission by a change in the. office of the city manager. State v. Blood- ♦voi'th 1331'1u 9G'1.18d So.1 nicer of appointment under civil The city manager has i o summary p service rules, and .all .appointments and promotions by the city manager 9} must be within the requirements of such rules. Bloodworth v.Suggs,' f0 So.2d i1S. to The city manager is not required ascarinatteriof law to fill roivacanciescivil service •employees when a vacancy clue to economic ieonditions is a matter within his discretion. City of . I1liami v. Elmore,131 So. 2d 517. probationary Period after ++c d'olice officers may he demoted during p' t r .eepting prohutionary ,promotion in rank. Clarke v. City of Shansi, F1 So. 2d 217. 78 § 18 CHARTERli ,es; ;'.one, and in the classified service all appointments and :emo':als to be subject to the civil service provisions of this ivisions hat .'r- (c) To exercise control obeherdepartments f ertcreateand the com- ,featc 1herein or that may ^.1i.``i0:1. {d1 To art all discussiotings n but having no votewith the ?dh. ;o take p• 1zf To recommend to the commission for adoption such nea[;,.e;ashep the commission fully advised (f) To keep asay deem necessary or expedient. to the finan- cial condition and needs of the city; and (g) To perform such other duties as mayiri a e oprescribed by i11;s Charter or be required of him by reso- }ution of the commission. 17. Same--Eemployees.raiof affairs of departments, of- r Th,,, ity manager may, without notice, cause the affairs of any t-.artment or the conduct of any officer or employee to be E,:am ed. Any person or persons apple ntednby t e city ana,ter to amine the affairs of any p the -or.d ,:t_ of any giver or employee shall have the same right •y ra;.lire the a, ndauce of witnesses and production o and papers an other evidence as is conferred upon the aimision by this Ch, aver. a :ec. 1z,. Departments in gt eral—Establishment " Ili- following administrate departments are hereby estab- .:.heil by this Charter: o,�� 1. D•partment of law. 2. Department of public service. iv 3. Department of public welfare. 4. I. Dtpartrr't of public safety. Z� a. Department of finance. N 4. Editor's note. —pursuant to sc.:•tin 19-A of thisl.tC,harter, the de- ;3r:.^.:eats of public service, public welfare and public F!1'fety have been :.,continued and numerous new departments have been eritated by or- :.rarce. See chapter 2 of the City Code for existing deparetter.tts and f :rctions thereof. 4- 79 Supp. if 27, 911(714