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HomeMy WebLinkAboutO-082351 ORDINANCE NO, 8235 AN ORDINANCE REPEALING SECTION 2-107 OF THE CODE OF THE CITY OF MIAMI WHEREIN A CONFLICT OF INTEREST BOARD IS CREATED TO HEAR COMPLAINTS; PROVIDING FOR ITS DELETION FROM THE CODE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. WHEREAS, the Conflict of Interest Board has not been in existence since April 23, 1970, when all inactive boards were abolished by the City Commission by resolution # 41486; and WHEREAS, Section 2-107 of the Code of the City of Miami pertains exclusively to aforesaid Conflict of Interest Board; and WHEREAS, repeal must be initiated by ordinance not resolution. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Subsection 2-107 - "Same -Conflict of Interest board created to hear complaints, etc." There is hereby created a conflict of interest board which shall consist of three members, one of whom shall be the city external auditor. The members of the board shall be appointed for a term of two years, such term to commence on the tenth day of May, 1967, and shall be appointed biannually on the tenth day of May thereafter. The conflict of interest board shall meet not less than once a year or as it deems necessary. The board shall review complaints involving any of those persons enumerated in section 2-105 concerning any conflict of interest violation. The board, upon any complaint being filed with it shall obtain from the city clerk the real estate holdings of the elected or appointed officer or employee involved in the complaint. The board shall then determine whether a conflict of interest exists pertaining to matters under review in violation of the laws of the state, ordinances of the county or ordinances of the city. The conflict of interest board shall make recom- mendations to the city commission as to any facts which, in its opinion, evidence a con- flict of interest. (Ord, No. 7549, § 4) be and the same is hereby repealed. Section 2. It is the intention of the City Commission and it is hereby ordained that Section 2-107 shall be deleted from the Code of the City of Miami_ and the Code shall be renumbered to accomplish such intention at the time of any re -codification. Section 3. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. PASSED AND ADOPTED on first reading by title only this 6th day of February , 1974. PASSED AND. ADOPTED on second and final reading by title only this 28th day of February , 1974. PREPARED AND APPROVED BY: MAURICE A FERRE Attest: MAYOR H.D. SOUTHERN CITY CLERK Mikele Carter Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: John S. Lloyd City Attorney { MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap- peared Ruth Glatter who on oath says that she is Assistant to the Publisher of the Miami Review end Daily Record, a daily (except Saturday, Sunday end Legal Holidays) 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 City of Miami, Florida Re: ORDINANCE NO. 8235 in the XXX Court, was published in said newspaper in the issues of March 6, 1974 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In said Dade 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 publication in the said newspaper. L. . i. r Z !, 7 et t C t • Sworn to and subscribed before me this 6.th... day of March , A.D. 19 74 ..:. ...../.......:..L r , r" Marjorie T. Smith Notary Public, State of Florida at Large. (SEAL) My Commission expires September 1, 1977. ctn. .tea ot= MtiA�tt, Ot nAnI t't, FtonibA Pt'sttC 1IOTICE All interested wiil take notice that on the 29th d y of February, '1974 the Cotntnfeslon of the City nt Miami, Florida. adopted an ordInance entitled — AN ORDINANCE EtSPFIAI.ING SECTION 2-107 OF THE CODE OF THE CITY OF MIAMI WIIERETN A CONFLIGiT OF INTEREST BOARD IS CREATED TO BEAR COM- PLAINTS; PROVTDIiNO FOR ITS DELETION FROM THE CODE; REPEALING ALL ORDTNANCEB, CODE SEC- TIONS OR PARTS THEREOF TN CONFLICT, INSOFAR AS TIIEY ARE`-„-"ZONFLIGT,_ - which is deei8 d Ordinance No. 8235. • H. D. SOUTHERN City Clerk City of Miami, Florida Publication of this notice on the 6th day of March, 1974. 3/6 Ad No. 30205 PUBLIC NOTICE All interested will take notice that on the 28th day of February,1974 the Commission of the City of Miami, Florida, adopted an ordinance entitled - AN ORDINANCE REPEALING SECTION 2-107 OF THE CODE OF THE CITY OF MIAMI ?HEREIN A CONFLICT OF INTEREST BOARD IS CREATED TO HEAR COMPLAINTS; PROVIDING FOR ITS DELETION FROM THE CODE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. which is designated Ordinance No. 8235. H.D. SOUTHERN CITY CLERK CITY OF MIAdI, FLORIDA MC/aeb 1/9/74 ORDINANCE NO. P2 3$ AN ORDINANCE REPEALING SECTION 2-107 OF THE CODE OF THE CITY OF MIAMI WHEREIN A CONFLICT OF INTEREST BOARD IS CREATED TO HEAR COMPLAINTS; PROVIDING FOR ITS DELETION FROM THE CODE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. ' c= WHEREAS, the Conflict of Interest Board has not been in existence since April 23, 1970, when all inactive boards were abolished by the City Commission by resolution # 41486; and WHEREAS, Section 2-107 of the Code of the City of Miami pertains exclusively to aforesaid Conflict of Interest Board; and WHEREAS, repeal must be initiated by ordinance not resolution. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Subsection 2-107 - "Same -Conflict of Interest board created to hear complaints, etc." There is hereby created a conflict of interest board which shall consist of three members, one of whom shall be the city external auditor. The members of the board shall be appointed for a term of two years, such term to commence on the tenth day of May, 1967, and shall be appointed biannually on the tenth day of May thereafter. The conflict of interest board shall meet not less than once a year or as it deems necessary. The board shall review complaints involving any of those persons enumerated in section 2-105 concerning any conflict of interest violation. The board, upon any complaint being filed with it shall obtain from the city clerk the real estate holdings of the elected or appointed officer or employee involved in the complaint. The board shall then determine whether a conflict of interest exists pertaining to matters under review in violation of the laws of the state, ordinances of the county or ordinances of the city. The conflict of interest board shall make recom- mendations to the city commission as to any facts which, in its opinion, evidence a con- flict of interest. (Ord. No. 7549, § 4) be and the same is hereby repealed. CITY COMMISSION MEETING OF FEP6-1974 QRT;ItiM CE N0. f'�1st R�ADIYG .. .....• .••••• - 2i3 RCADitiG,,, CITY OP MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: FROM: u City Commission John S. Llo ,City' At bATE: January 18, 1974 FJLE: SU9�ECT: Ordinance Repealing Section 2-107 of Code of the City of Miami REFERENCES: ENCLOSURES: The Miami City Code contains some sections which are now obsolete. Whenever possible the Law Department will attempt to update the code to reflect changes initiated by the Commission, but overlooked in the codification of laws. Section 2-107 of the code is an ex- ample of an obsolete ordinance. On April 23, 1970, the City Commission by Resolution No. 41486 abolished all inactive boards. Included among the abolished boards was the Conflict of Interest Board. Section 2-107 per- tains exclusively to the Conflict of Interest Board. An ordinance may not be repealed by a resolution therefore the Conflict of Interest Board is still in existance and was not legally abolished by the City Commission. In order to rectify this mistake, it is necessary for the City.Commission to repeal this Section by ordinance. Then this will enable the Michie Publishing Company to delete this Section in their next update of the City Code. JSL/MC/aeb H. D. SOUTT'!EcN r7r.•l` F'r .ft11, 9 tv ` P •.y„r i tritay hereby cer i° ....: d- v' AAA nn19 �-- - , ,, f .. of y . La �. Ci .. ., ... �. � .. 'i .. .,. '^+, �� t11i' above and fry: tH.1 • ,' tL Door of the ',•_, . e v� provided fcr rc..: said cop" to WIIi: City this. d:;;x ci ` ! , P.