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(A-g52)
ORDINANCE NO,,,AA3G
AN 'ORDINANCE SETTING FORTH A.PROPOSED
CHARTER AMENDMENT AMENDING ttetiON 62 OF
THE CITY OF MIAMI CHARTER FOR THE PURPOSE
OF ADDING BATTALION CHIEFS TO THE UN-
CLASSIFIED POSITIONS IT THE SERVICE OF THE
CITY BY ADDING THE TITLE OF "BATTALION
CHIEFS" TO 5ttB-sECTION (1) (c) ; AND St1$=
MITTING SAME TO THE ELECTORS OF THE CITY
OF MIAMI IN THE NOVEMBER 4, .19`75
CITY OF MIAMI PRIMARY ELECTION
PROVIDING THAT THIS PROPOSED CHARTERAMEND-
MENT SHALL .BE REFERRED TO AS PROPOSED CHARTER
AMENDMENT NO. 1; REPEALING ALL ORDINANCES,'
CODE SECTIONS OR PARTS THEREOF IN CONFLICT,
CONTAINING A SEVERABILITY PROVISION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the position of Battalion Chief is
equivalent to the rank of Major in the Police Department and
provides continuous staff supervision on a 24-hour basis; and
WHEREAS, it is the desire of the City Commission to
amend Section,62 of the City of Miami Charter for the purpose
of providing a vital link between the Fire Chief and the
Fire Fighting Division;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of Miami
hereby submits the following proposed Charter Amendment for
submission to the electors of the City of Miami at the
November 4, 1975 CITY OF `74IAt;I PRIMARY ELECTION
OIAR 'ER_JiMabMtOt_ TOA.._A.
Sedtion 62 bf the City of Miafni Chatter, dhaptef ib847
Spedial Acts
taws of Florida, 1925, as ahiended: or supplenet ted,
hereby atiiended to read as, folj.ows: 1f
Sec, 62, ' 8aMe--Onclassified and classified Service,
The Civil service of the'elty is hereby divided'
-into 'the ;unclassified and, the classified-servicea-
(1) The unclassified service shall include:
(a) The city manager, his assistants,, and
secretarial staff.
(b) The heads of departments, members of
appointive boards, judges of the city court, the.
city clerk, chief of police, chief of fire
division, and the superintendent of communications
division.
(c) Assistants to department heads;
Assistant, chiefs of the police division;
All ranks in the police division above
classified position of police captain;
Assistant chief of the fire division;
Chief of fire prevention;
Director of training in the fire division;
Chief of Fire Rescue
Battalion Chiefs
Assistant tothe superintendent of the
division of communications;
Director of corrections.
Section 2. It is requested that this proposed Charter
Amendment be submitted to the electors of. the City of Miami in the
following or substantially the following form:
"Shall Section 62 of the City of Miami Charter
be amended for the purpose of providing for
the addition of. Battalion Chiefs in the
unclassified service of the city by adding
the phrase "Battalion Chiefs" in sub -section
(1) (c) immediately after the "Director of
training in the fire division?"
Section 3.. The Board of County Commissioners of Metro-
politan Dade County is requested to submit this proposed Charter
Amendment to the electors of the City of Miami at the November 4,
1975, State. of Florida and Dade County General Election,
Underscored words constitute the amendment: proposed.
Remaining provisions are now in effect and remain unchanged,
2
Section 4. The Supervisor of Elections, Metropolitan
bade County is re q uested to provide the assis tarioe necessary to.
properly submit this Charter -Amendment to the electors of the city'
.of Miami. The registration' of persons qualified to vote for or
against this proposed charter Amendment, the list of polling places
in the applicable precincts, the names of those personsdesignated
and assigned to serve as clerks of election and as inspectors of
election, and the form of ballot to be used (prepared in
compliance with all statutory requirements relating to the use of
mechanical voting machines) shall be as contained in the records
f, as provided, designated, assigned, or established by the
Supervisor of Elections, Metropolitan Dade County. The. City
of Miami City Clerk is hereby designated as the official
representative of the City of Miami City Commission in all
transactions with the Supervisor of Elections, Metropolitan Dade
County in relation to matters pertaining to the use of registration
books, records and for all purposes in connection with said
election.
Section 5. The City Clerk is hereby authorized and
directed to give notice of the adoption of this ordinance and of
the provisions thereof by and through the publication of an
appropriate advertisement in two daily newspapers of general
circulation:in'the City of Miami at least thirty days before the
day said election is to be held,
Section 4.' The Supervisor,
f Elections, Metropolitan
bade County, is requested to provide the assistance nedessary to
properly: submit this Chatter Amendment to the electors of the City
of Miami. The registration of'persons qualified to vote'for or.
against this proposed Charter Amendment; the list of polling places
in the applicable precincts, the names of those. persons designated
and assigned to serve. as clerks of election and as inspectors of
election, and the form of ballot to be used -(prepared in
compliance with all statutory requirements relating to the use of
mechanical'voting machines) shall be as contained in the records.
of, as provided; designated; assigned, or established by the
Supervisor.of Elections, Metropolitan Dade County. The City
of:Miami City Clerk is hereby designated as the official
representative of the City of Miami City Commission in all
transactions with the Supervisor of Elections, Metropolitan Dade
County in relation to matters pertaining to the use of registration
books, records and for all purposes in connection with said
election.
Section 5. The City Clerk is hereby authorized and
directed, to give notice of the adoption of this ordinance and of
the provisions thereof by and through the publication of an
app opriate advertisement r� t in two daily newspapers of general
circulation in the City of Miami at least thirty days before the
day said election'is to be held.
Section 6 All ardiha11ces,code Sections at parts
thereof in conflict herewith, insofar as they are in conflict,:
are hereby repealed=.
Section 7► If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared to b
unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this, ordinance; and
it shall be construed to have been the intent of The Commission
of the City of Miami to pass this ordinance without such uncon-
stitutional, invalid, or inoperative part therein; and the
remainder of this ordinance, after the eXclusion of such part or
parts shall be deemed and held to be valid as if such parts had
not been included therein.
Section 8. The provisions of this ordinance shall
SEPT.EMBER 15 , 1975.
become effective on
PASSED on first reading by title only this 17 day
July
, 1975.
PASSED AND ADOPTED on second and final reading by title
on
ly this 4TH day of $EPTENlBER 1975.
Attes
PREPARF,D AND A 'PROVED BY;
Mikele Carter, Asst., C ty Attorney
APPROVED AS TO FORM'AND CORRECTNESS;
MIAMI PEV$tW
ANb bAtLV ti€ooMb
Published Nay ekeebt Sahli'day, Sunday 'Mil
Legal holidays
Miafnl, bade Cnuhty, Flours.
STATE- O. I LOftIDA
COUNTY OF DAADE:
Before the uhdersighed authority personally ap-
peared Ruth Glatter, who on oath SayS that she
Is Assistant to the Publisher of the Miami Review and
Daily Record. a daily" (except Saturday, ; Sunday ,and
Legal HotidayS) newspaper, published at Miami in
Dade County. Florida' that the attached copy of adver-
tisement. being a Legal Advertisement or Notice in
the Matter of
CHIEFS TO
CITY OFi MIAMI t FLORIDA
RE: OF:bI13ANCLS 8436
T1n0UGll 84441 etc
In
the
In said , new paper in the Issues otourt,
.en.etbpr q.►.:...
.7.
Afflent further says that the said Miami Review
and , Daily Record is a newspaper published at Miami,
in said Oade County. Florida, and that the said news.
paper has heretofore been continuously published in
said Dade County. Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami.
in said Dade County, Florida. for a period of one year
next preceding the first publication of the attached
copy of advertisement: and affiant further says that
she has neither paid nor promised any person. firm
or corporation any discount, rebate. commission or
refund for the purpose of securing this advertisement
for publicion in the said newspaper.
J:) .
and subscrib�) bell) me this
Sentembe l.,A.D 19..... 7.r.?.
Betty J. Broods'
`Notary'Pitblic, Stete'of).Eloi'
(SEAL)
My commission expires June
Sworn to
9th .day of..
i.'I:(tAte AND r) : 1(NATTNG THE TF; • A�IENbING, At"I?tibPRtATIONS.
•JR� ��tt Oi'ttn Abe E NO. 931C; . PASSt f
• DOt�1v'TOtV`V fiFVEf.OP�IEAiT A,_ VDOPTETj 'OCTtiBER 10,
r t T O THE CITY OF
t tt5tiaml. F I efts,
0 .Tr edpSthe THE .rTERP.ITORIAL, LiM1TS: LA�V fl2=', 0: 'ct'E�Et3ALt
folI',' ng �itted .ordlt)ancest OF THE CITY OF �1TA.tT WATER POLLUT`IOttr`','CON
FOR TIIE PtIRPOSE OF TROL, ,\C`I` AMENtibtta':VVTS
ORDINANCE NO. s43E . TANATTON, FIXING: T)IF �+ 'Attu. PLACArG •T1lE§E;
4„ 0.0 it1LLAGE AND • LEVY 1NG . MIONIISS IN AN ACCOUNT • TO:
Aft.: ORDINANCE SETTING-TANts:.IN THE DOWNTOWN EE '. V T1TLEt3 +'SPEC1Ats:
FORTii A. PROPOSED CHAR, ' DEVELOPMF. T DISTRICT; BEiiISURSEMENri
TER - AMENDMENT 'AMEND: I.00ATION.ii'TT1?t `TILE TEIt=I REPEALING. ALL, Ot3DI= —
INc:' SECTION 62, OF- ,TIIE RITORIAL '_LTM•)TS 'OF .r E` NANCES, OR PAttTSOF-ORbt ` —
CITY'• OF MIAMI CHARTER CITY_ (IF attAMT. 'FLOt2t .A,..NANCES IN CONFLTCT;I#ERE=.
Fort
BATTALIOHE N CCHIEFS TO GINNING' 'OCTOBER' 1R''. rE,, FRABILTTY PFto t§ION'" :l D
THE .UNCLASSIFIED POStj.. AND,FNDING SEPTF. lBER 30. PROVIDING . AN EFFECT1Vt:
TIONS,,IN THE:•SERVICE. OF� 1fl,6.:. PROV�TDLNG: TFTAT -THE
Tilt- CITY RY AnnING THE, Ft\-r-Nr, OF TItI 1TILt,Ar,F.
RtTQ IAL LIMITS OF T 1. '
Ali Interested . day
mice Polleepteml 7i, 1' ACCERTING , Sl4,100.00:
that t st_Lhe -Rh dti5 'of ..eptem ADISTRICT
1I tM C LQC 1TFD " VCIT142it _ RECEIVED t,`NDFR ', tstJBLTC)
t•itt' Or MIAMI (iRbt I:��cE O s4 9. bitbtMA dg c . 't4i
i) ilE: t`ffi'N11', 1'I.t)ititi►' t7 oit1, ACE' DEltsfmc; AN tiiERCttkie t titibtiAii46g
PEALING " ALL ORDINANCES
OR PARTS OF ORDINANCES: SEPARATE' DAYS., PAP.TS THEREOF IN CON-,.'
IN . CONFLICT IIEP.EWITH:) ; FLICT. SAND ^CONTAINING
ORDINANCE NO. S440 SEVERABILITY PROVISION.:...;
PROVIDING SEVER ABILITY; ::-
AND PROVIDING AN' EFFEC- AN E.MMERGENCY ORDINANCE" . OPORDINANCE NO '.DINAACE NCI 8444
`ME DATE:• 6316,THE AME1GGENERAL - APPRO-`,AN, EMERGENCY'ORDINANCE(
ORDINANCE N0. 8438. PRIATION ORDINANCE ' FOR'THE AMENDUNG SOECTION'
CITY: OF. :)
• 1974-75. BY APPROPRIATING
1N EMERGENCY ORDINANCE 57.150.0(I FROM. THE .DEPART- \11AMIr FLORIDA BY REDUC-
MAKING- APPROPRIATIONS MENT.', OF PUBLIC FACILI= ING THE MEMBERSHIP OF
FOR THE DOWNTOWN DE -TIES, �iVRIN • STADIUM THE BOARD' OF -.TRUSTEES,
OF THE , PUBLIC LIBRARIES:
AND- , PUBLIC_, LIBRARY,
SYSTEM . ,,BY f: `DECREASING';..
THE NUMBER OF : MEMBERS
FROM " 11, MEMBERS,, TO
'MEMBERS; 'AND BY, PROVID-
ING FOR A. THREE 43) YEAR;
TERM. FOR SAID. MEMMBERS`.
A TO . COMMENCE. SEPTEMBER
YEAR ENDING SEPTEMBER AND TO INSTALL A- WATER 5. 1975: REPEALING ALL. OR-'E.
30. 1976 FOR THE OPERATION, PUMP ON THE FLOATING .DiNANCES,. OR. PARTS'' OF,
OF THE CITY OF . MIAMI. STAGE AT' A COST NOT . TO ORDINANCES IN ' CONFLICT;
PROVIDING THAT IF ANY EXCEED 51.300.00: PROVIDING HEREWITH: -CONTAINING :A
SECTION, CLAUSE " QR.. SUE- SEVERAIIILITY AND PRO. ,SEVER.13tL1TY PROVISIOV"i
SECTION SHALL _ 13E VIDING : " AN . EFFECTIVE' AND' PROVIDING- AN: EFFEC-,,;.:
DECLARED UNCONSTITU DATE, TIVE PATE•:,:'''".; a.. •: ,c =.; : �.r,
TIONAL; IT SHALL -NOT AF->
H. D. SOUTIiEIiATr ,;.
F ECT THE REMAINING PRO- ` - CITY' CLERT{" '': "":''
VISIONS OF THIS ORDI-
NANCE.
TITLE OF "BATTALION AND LEVYING OF TRANS' IN
ORDI.
AMENDED BY ORDINANCE
NO. S173. AS AIIENDEI) EY
ORDINANCE NO. 8174. AS
AMENDED BY ORDINANCE
NO. S;,116. AS AMENDED BY
ORDINANCE NO. S21S, AS
CODIFIED IN CHAPTER 34
OF THE CODE OF TIIE CITY
OF" MIAMI BY'. AMENDING
THE DEFINITION OF., 'TER -
SONS" 1N SECTION 9 ' OF
ORDINANCE Ni). 5115 TO
PROVIDE' THAT THE OWNER
OR OPERATOR,.' WHETHER
PERSON, CORPORATION OR
ASSOCIATION. :.SHALL BE
FINED' OR . IMPRISONED IN
'ACCORDANCE WITH SECTION
3taa1 OF"TIIE. CHARTER. OF
a at Large. THE ' CITY, OF^ MIA511 RE-
SUI3•SECTION (1) THIS ;ORntNANCE St1ALL, 13E
Ic) SAND seDMITTING ,SANE IN ADDITION 'TO THE FIN,
TO' THE ELECTORS OF,.1•14E ING OF TIIE' MILLAGE'-AND
CITY OF MIAMI .IN THE NO. LEVYTNO OF T:1NES', WITHIN
VTMBER 4: 1975' CITY OF THE' TERRITORIALLIMITS
MIAMi PRIMARY, 'ELECTIONOF THE CITY OF MIAMI. AS
PROVIDING THAT ,THIS PRO= PROVIDED, t PROVIDING THAT
onorsANct
POSED CI1ARTER AMEND- NO. MA
MENT SHALL BE REFERRED 'TIIE-FINING OF THE MILL-
TO AS PROPOSED CHARTER AC:E AND LEVYING OF
AMENDMENT -No., -1;' RE• TAXES IN THIS ORDINANCE
PEALING ALL' ORDINANCES. SHALL BE IN ADDITION TO
CODE SECTIONS OR PARTS SPECIAL ASSESSMENTS FOR
THEREOF IN CONFLICT. IMPROVEMENTS . r IMPOSED
CONTAINING A SEVERABIL, BY 'I`HE CITY COMMISSION
• ITT PROVISION; 'AND PRO- OF MITE CITY OF' 1IAMI
VIDING AN '. EFFECTIVE WITHIN THE TERRITORIAL BILITV` 'PROVISION:,
DATE. LIMITS OF THE CITY. OF
MIIAMI:.. ' PROVIDING THAT ORDINANG E Nb: 8443,,
- ORDINANCE NO. 8437 - THIS ORDINANCE SHALL' '
NOT BE DEEMED TO REPEAL _ AN LEMERGENCY ORDINA:CE
AN ORDINANCE AMENDINGIOR AMEND ANY OTHER, OR- SETTING FORTH A -.PRO,:
•ANCE' N0. 5115, 'AS"DINANCE FINING MILLAGE'POSED CHARTER' AMEND.'
_ LEVYING T ANTS FOR TENT AMENDING SECTION 60
THE FISCAL YEAR .BEGIN- or THE CHARTER" OF -`'THE.
NINC OCTOBER • 1. 1975, AND CITY OF MIAMI TO PROVIDE
ENDING SEPTEMI3ER 30, 1976 THAT THERE SHALL' BE SEV•.
BUT SHALL BF DEEMED SUP• EN (7) MEMBERS
PLE11F-NTAL AN'1 IN ADDI- CIVIL SERVICE BOARD: FIVE.
TON THERETO; - r' :OVIDING (51 OF WHICH SHALL 13E AP -I .
THAT IF ANY- SECTION. POINTED BY THE CITY.COM•
CLAUSE - OR SUBSECTION _ MISSION;: SUBMITTING THE,
SHALL BE DECLARED UN- P R O P O S E D, CHARTER- •
CONSTITUTIONAL,: IT SHALL: AMENDMENT TO THE, ELEC.....
NOT AFFECT THE REMAIN- )TORS OF THE CITY OF-MIADTIi'•,,
ING PROVISIONS; DECLAR- 'AT., THE GENERAL: MUNICIf
ING THIS ORDINANCE TO BE PAL ELECTION,, ON' NOVE?I
AN EMERGENCY MEASURE BER 4. 1075; '' PROVIDING',
AND, BY A FOUR -FIFTHS ,THAT,' THIS C II A R T E R
VOTE OF TIIE MEMBERS OF AMENDMENT • SHALT BE!
THE. CITY COMMISSION 01S- REFERRED TO -AS PROPOSEDi
PENSING .WITH THE P.E• CHARTER 'AMENDMENT NO:}
QUIREMI:NT OF READING, 2: REPEALING'',ALI.' ORDT•+;
THIS ORDINANCE ON TWO NANCES; CODE 'SECTIONS OR
oRDtNAXCE �0. t?442 m it"
„ OROT ANdE A tsft ING'
ORDINANCE3 'NO. 6sT1 THE
C0MPRE5tFNStVE,• ' ZONING
ORDINANCE : FOR: THE ` CITY
OF MIAMI, ARTICLE N. SFC='
TTON 20, AS IT RELATES TO
RESTAURANT' SEATING. BY:
DELETING SUR-SECTION 3 IN
ITS ENTIRETY AND'' SUB+',
STITUTING IN LIEU. THERE,
OF NEW . SUB -SECTIONS" (3)
AND (4): 'REPEALING '. ALL,
ORDINANCES, CODE'' SEC-
TIONS OR PARTS THEREOF
IN CONFLICT INSOFAR AS
THEY ARE ` 4N'_ CONFLICT;,
AND CG)NTAINTNG A: $EV£RA•,
APPRO-
PRIATIONS FOR
VELOPMEN"T AUTHORITY OF
THE CITY OF MIAMI FOR
THE FISCAL . YEAR ENDING
SEPTEMBER 30. 1976.' PROVID-
ING THAT'THIS ORDINANCE
SHALL BE SUPPLEMENTAL
AND IN ADDITION, TO THE
ORDINANCE MAKING APPRO-
5 THEFISCAL
FUND BALANCE, AND TRANS-
FERRING"•SAID "FUNDS "INTO
THE • PROPER. ACCOUNT OF
THE CURRENT, : MARINE
STADIUM OPERATING BUDG-
ET TO COVER.,, SECURITY
FENCING AT THE MARINE
STADIUM" BOAT STORAGE
AREA AT It COST OF $5.650.00
CITY OF :MIAMI', .;
"FLORIDA ..4-.N,..•,.v........:...
Pubhleatlan of ;this'"notlee [ oil
the 9 defy of September, 1975.:
9/9 : :. i1 90349
eit150 MIAME, PLij€ ibA
itsittiVOtteE McMObANBUM
P. W* AtidreWS
City 'Mattaget
Chtief D. A.Hickman) Director
Department. of Fite
bAtt:
dune ib, 19/5
tutokett Amendment to City Code
Battaliott thief n, LiiclaSSified
tatasNets:
tNtLosURES=F, 154i Miatni City Code
The Fite Department budgetas adopted by the City Commission in October of
1974 provided for three (3) Battalion Chiefs. These three positions have
been in effect since that time and have competently and effectively filled
a serious management vacuum.
Bach. Battalion Chief supervises a Platoon of 182 Fire Fighters attd Officers.
Theposition of Battalion Chief is equivalent to the rank of Major in the
Police Department and provides continuous staff supervision by a management
appointee on a 24-hour basis..
In order that this vital link between the Fire Chief and the Fire Fighting
Division can be maintained, it will be necessary to amend the. Charter and
Code of Laws of the City of Miami, Florida, Section 62. "Same -- tnclassi-
fied and classified service." A statement under Section 62 (1) (c) will be
necessary, to read as follows:
"All ranks inthe fire division above the classified
position of Chief Fire Officer"
For your information and convenience, a copy of the current .supplement to
Page 154 of the Miami City Code is attached.
It is also necessary that the City Commission advise the.Civil Service
Board that reorganization of the Fire Department is in process (Civil
Service Rules and Regulations, Page 32, Section 9, Rule VIII), in order
that we may continue to function within the Civil Service Rules.
It is respectfully requested that you initiate the necessary procedures
to have the. City. Laz
Commission instruct the,./ Department -to prepare an
Amendment to_the'CityCode in'time for the. General Election. in November,
1975, creating ranks above Chief Fire Officer as Unclassified.
The Battalion Chief position will not reflect a pay increase beyond their
current salaries.
DAH:ttn
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