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HomeMy WebLinkAboutItem #39 - Discussion Itemto: thOM, ell'oP MIAMI, PLtortIttA IN' ti4=C5 ' 'ICE M MO ANI UM nonorab a Members of The City Commission //P. W. Andrews City Manager bAtc: SUBJECT PE.r•EaENCtS: ENCLbSURE§: Library Advisory Board Agenda item #20 This memorandum trarisr its Mayor Steven P. Clark's July 11, 197S, letter reference to the City of Maintaining a Library Advisory Board so that appointments can be made to the County Board, ce: Honorable Maurice A, Verne, Mayor Honorable 3. L. Plummer, Sr., Vice Mayor Honorable Theodore R. Gibson Honorable Rose Gordon Honorable Manolo Reboso lam ,Aelt METROPOLITAN DADS COUNTY-FLORIDA bAbt C UNty tOuktHOUtt MiAMi,f tLoktbA J3i3o ttEPHEW P. t1AIrk 'f�laybF Honorable *Maurice Terre Mayor - City of Miami binner ley Miami, Florida 33133 Dear Maurice: July 11, 197 In response to your letter to me on the legal opinion of the City Attorney, John Lloyd, regarding Commissioner Beverly Phillips' pro- posed changes in the membership of the Dade County Library Board, I have had the matter completely researched by our County Attorney and am advised that our legal staff concurs with yours. It would appear from the attached memorandum that it is essential for the City of Miami to have an on -going Library Advisory Board of its own in order to appoint some of its members to the County board under the terms of the lease. Would you please determine the status of your board and advise me as to your thoughts on the proposed amendment to our law which is attached in the memorandum. tog Ste hen P.Clark SPC/ag Enclosure • lit norable Stephen P. Clark Mayor Linda D. Lyman Assistant County'Atorney Met4f . WDtUM bAlt July 3, 075 i'ViYE6t RECEIVED JUL iJ9 VICE OF THE MAYOR DADS COUNTY, FLORIDA Proposed Ordinance Abolishing Residency and Geographical Distribution Requirements for Membership on the Dade County Public Library Advisory Doard Stuart Sitrion, County Attorney, has provided me with your memorandum dated 3une 20, 1975, including attachmer►ts, and has requested that 1 respond to your request for a legal opinion and suggestions. As you may recall, on November 1, 1971, Metropolitan Dade County and the City of Miami entered into a lease agreement whereby the City of Miami agreed to lease to the County certain enumerated library facilities to be operated and maintained by the County as part of the County's library system. The lease agreement is for a term of thirty (30) years, commencing on the 1st day of November, 1971, and terminating on the 31st day of October, 2001, subject to any extensions mutually agreed to by the pa. rties. A pertinent provision of the lease agreement, a copy of which is attached hereto, is paragraph 18, which provides as follows; 18. LIBRARY ADVISORY BOARD: The parties agree that the County will re- organize the present Dade County Library Advisory Board to include three (3) members of the City of Miami Board of Trustees, with the first chairman from the City of Miami Library Board. The City of Miami may maintain its own Library Board in an advisory capacity to insure the continued high level of library service in the City of Miami. The foregoing is the only provision of the lease agreement relating to the composition of the Dade County Library Advisory Board. The lease agreement further provides as follows in paragraph 26 for cancellation of the lease agreement in the event that the County fails to comply with any of the terms of the lease: C j tonrabie Stephen P. Clark July 3, 1975 Page No. 2 EFAtLT; In the event the County fails to oorriply with the terms and eotiditibns of this Lease, or fails to comply with the written. notice of the City Manager of the City within thirty (30) days thereof ;given to the County, then the City, at its sole option, and without further notice or demand to the Coutty, may cancel and terminate this Lease, and said Lease shall be null and void and of no further force and effect, and the County shall forthwith vacate the premises. The proposed ordinanee requested by Commissioner Phillips, a copy of which is attached hereto, would amend Sections 2-193 and 2-195, Code of Metropolitan Dade County, by deleting all residency and geo- graphical distribution requirements for membership on the Dade County Library Advisory Board. Commissioner Phillips' proposed ordinance would also delete the existing provision of Section 2-195, Code of Metropolitan Dade County, that three (3) members of the Dade County Library Advisory Board be members of the City of MViiami Library Board. There is no question that this deletion abrogates the terms of paragraph 18 of the lease agreement and could be construed by the City of Miami as a default by the County, entitling the City to cancel the lease agreement. I concur with the legal opinion rendered by John S. Lloyd, City Attor- ney that the proposed amendment to the Public Library Advisory Board ordinance may have the effect of impairing the obligation of contracts, in violation of Article I, Section 10, Florida Constitution, and Article 1, Section 10, United States Constitution. Both of the foregoing constitutional provisions prohibit the passage of any law impairing the obligation of contracts. A county ordinance is a "law" within the meaning of the con- stitutional prohibition. 6 Fla. Jur. , Constitutional Law, §270. The obligation of contract is impaired in the constitutional sense when the substantive rights of the parties thereunder are changed. 6 Fla. Jur. , Constitutional Law, §273. The only limitation on the absolute constitutional prohibition against legislation impairing the obligation of contract is the exercise by the county of its inherent power of eminent domain and its police power. Mahood v. Bessemer Properties, 18 So. 2d 775 (Fla. 1944). Hillsborough County v. Bregenzer, 10 So. 2d 498 (Fla. 1942). Shavers v. Duval County, 73 So. 2d 684 (Fla. 1954). The police power of the county includes its right to enact laws for the protection of the public health, safety, morals and general welfare. 6 Fla. Jur. , Constituional Law, §163. IftiattGagmumszw- Ilonorable Stephen P. Clark July. 3, 1975 Page No. 3 If the County desires to exclude the three members of the Cityis Library Advisory hoard from membership WI the County Board, the only proper method to effectuate this would be for the County and the City of Miami to agree to an amendment of the existing lease agreement to delete the tequirernent in paragraph 18. Additionally) this amendment should be approvetl by resolution of the !Viand City Commission. in the event the City iS riot agreeable to such an amendment to the lease agreement, Section 2.195. Code of Metropolitan Bade County could still be amended to delete alt geographic and residence requirements except the requirement that three (3) rnerribers shall be members of the City of Mimi. Library Board. 1 have found no provision of the lease a.greement which otherwise restricts membership on the County Library Advisory Board. The proposed amenchnent to Section 2-195 could appropriately read as follows: Section 2.195. Membership; qualifications; terms. The Metropolitan Dade County Public Library Advisory Board shall consist of nine (9) members appointed by the county commission. Five-(.5.)-of-sai.d. raem-bere- B hall- 19 e -reeideet ear.ved- 19y-the-1-ibret,y.syst-etn-artel-fonr-(4)-e.s.aid-mernhers shall -be -residents -of-the Amino e rpe P ated. e-ree.-of• the ee UR - -Of -the-fi-ve-(.5.)-membere-whe-are-resfle Fl t - ef.feurtioitaalit-ies-t-Three (3) members shall be residente-ei.the-Git-y-e€4.v4iemi-an4members of the City of Miami's Library Board. At-any-time-the-Gity elf. Miami -1.i.b.r-ar-y. .Boar<1..c.ea.s.as- to- .fune gen, -then. the afere-said-tihree 43)- fr4 ember-s-6.hall-be-nephi-neted-hy. the city- £.0414.1-11-i6 4.19 a -of -the City r ernamong the.residenteof-the-eity, Each member shall be a qualified elector of Dade County, and shall possess a reputation for civic pride, integrity, responsibility, and business or professional ability, and shall have demonstrated an active interest in public library facilities and services. As far as practicable, the membership of the board shall be representative of the various interests of this metropolitan area in. re speet, te -geog.raphi-e-and-eoenomie -factors r The term of office of the membership shall be one year for three (3) -woo as- so. . • '11 NOtiorable 'Stephen P. lark lay 3, 1975 Page NO: 4 members. two f2) years for three -(3) members and three (3) years ibr three (3) mettibers, with appoint. it -tents thereafter to be for a term of three (3) years for each ttlettiber. Appointments to fill any vacancy oti the board Shall be for the remainder of the unex. pired term of office. Terms of officeof members of the board, appointed by the board of county commissioners, which would normally expire on or between the dates of January 1 through June 30, or Silly 1 through December 31 of the termination year, shall be deemed ended and expired as of March 31 or September 30 thereof respectively; and the position thereon vacated may be refilled by the board of county commissioners. It has been brought to my attention that the City of Miami Library Advisory Board may now be a defunct organization. If that is true, it would be impossible for the County to comply with the provision of paragraph 18 of the lease agreement. Conceivably, the defense of impossibility of performance could withstand an attack on the constitu- tionality of the proposed ordinance, if it were passed by the County Commission. I would suggest, however, that if it is determined that the City Library Board is presently defunct, some discussion should be held with Mayor Ferre or the City Manager to determine whether or not they desire to resurrect the City's Board. , I hope that I have sufficiently answered your inquiry. If you have any further questions, please do not hesitate to call upon me. LBL/lc Enclosures