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MiA�1I, 'tLO:. A 33i33
Mr. R. Ray Goode
County Manager
Metropolitan Dade County
Room 911, Courthouse
Miami, Florida 33150
Dear Mr. Goode:
The Metropolitan Dade County Commission, on April 2, 1975, adopted
on First Reading an ordinance which will delete the residency and geo-
graphical requirements on membership on the Metropolitan Dade County
Library Advisory Board. It is our understanding that a public hearing
before the Metropolitan Dade County Commission on this ordinance will
occur on May 21, 1975.
I have researched the background from the City records relating to City
of Miami representation on the Library Board at the time the City of
Miami's library facilities were transferred, and I have obtained the
opinion of the Miami City Attorney as to the legality of the proposed
residency and geographical distribution change. A copy of the City
Attorney's opinion is attached for your information. Also attached is
a copy of your memorandum dated August 17, 1971, to the County Attor-
ney which requested the original ordinance provisions relative to member-
ship residency and geographical distribution. You will note this memo-
randum confirms that these membership requirements were a part of the
City -County negotiations.
The proposed ordinance change eliminating the City of Miami representation
on the Metropolitan Dade County's Public Library Advisory Board is a
breach of the agreement between the City of Miami and Metropolitan Dade
Mrs IL lay Goode
County for the transfer of library facilities. 1 suggest that if the County
‘v shes to pursue the amendment of the Metropolitan Code concerning the
rnernbersh p requirements for the Metropolitan bade County Library
Advisory $oard, the justification for such a change be presented to the
City of M arni. t requestthat no further action on this proposed change
be taken unless the concurrence of the Mani City Cotntnissi.on is obtained,
Your cooperation in this matter is appreciated.
Members of the City Commission
City Attorney
Sincerely)
P. W. Andrews
City Manager
Page 2 of 2
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City Mattager
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i EFEREN::ES your memo 4/18/15•
ENCLOSURES
Zit your .Memoranduttt dated April 18, 1975, subject as above, yrsl
requested a legal opinion as to the legality of the proposed
unilateral action by the Board of County Commissioners, deleting
the geographical distribution requirements of the Library Board
membership, in light of the representations that were trade to the
City of Miami in the transfer agreement which was attached to
your memorandum.
It appears that in addition to a breach of the transfer agreement
the contemplated legislation by the Board of County Commissioners
would violate the constitutional prohibition against the impairment,
of obligations of contracts. Both the United States Constitution
and the State Constitution forbid such impairments in express
terms. Laws or ordinances which modify, abrogate or annul con
tracts and affect adversely rights vested thereunder, impair
contract obligations. The general rule is that a contract takes
its character and accedes its obligation from the law in force
at the time and place that it is made, and the rights acquired
under it cannot be affected materially by a subsequent repeal or
change of the law. Mcquillian Municipal Corporations, Section
19.42, Page 503.
The only exception to the foregoing prohibition occurs in cases
where ordinances are duly enacted under the police power and
designed specifically to protect the safety and welfare of the
public. The instant ordinance does not purport to have such a
design.
JSL • GFK: b3c
cc; Honorable Members of the City Commission
PREPARED AND APPROVED BY:
f J�,
Gorge F. 1:i".r, Jr.
Assistant city Attorney
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OUnt:r A totnt'y
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Count tit_n �;bz' ,
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f .t,i- tl 1.6 y • 5`415b
f.ticte.;t for Or ditl::nte
Chc.tgiflzt County/t Pubfie Libt°arg
td is of=j 1k .rd (Article X :I1; tOd
hf :etrOolitati t t1 tbu i°t2)
Boned on :''_dirtit2istr.eitivc discussions %rith the City of 'V.ia,li,
and that Ci ty's; Pesolution Bo. 42709, adopted Jul;; 22, 1971,
concerning the pending transfer Of the !Miami Department o;
Libraries to the County, effective November 1, 1971, it uould
be Appreciated if fcu would prepare aft appropriate ordinance
for consideration by the Board at the August 31, 1971, meeting,
amending Artit.le XXIt of the. Code, relating to the Public
Library Advisory Board, as follows:
1. Provide for a 9 member Board with 5 of said
members being residents of municipalities
served by the County library system and 4
members being residents of the unincorporated
areas. Of the 5 City residents, 3 shall be.:
members of the City or Miami's Library Board,.
nominated by the City of c?iaai Commission.
This is generally in accordance ;rith
Recommendation No. 7 of the Courtty's Public
Library Paster Plan approved by the Board
of County Commissioners on May 29, 199.
•
The Ch :ir;.ian of the Board for the period of
Uoverher I, 1971,' throuch October 31, 1972, '
::ha11 be one of the City Library Board members,_
anpoi cited pursuant to Paragraph 1-above.
3. C:l:,r.ce itt required Quorum to majority of members.
Chunj;cs to be effective iEovemb_r 1, 1971.
Rt%G<: TV' : ig
cc: Mr. L. Reese, City Mar, a5er, City c± 1'iiazr
Mr. Edw_'_rd..0 Sintz, Director, i•iia i Public Library
Mr. Williams Darcy, Administrative Assistant
f'r. Richard Levine, Ch tir m-tn, Dade County Public Libras,
:i AdvioTT