HomeMy WebLinkAboutO-08285OkbiNANC€ Nes
M. OkbINANtS SETTINd PO tTt1 A PttbPOSBti
CHARTER AMtNtiMt;NT AM Hi t Nd SECTI eN 5 S
SUBS CTlON (i) (f) (h) et .THE cITY o
MIAMI CARTER t~Ott 4t OuRPOSE Ot:
ilikeNIBING THAT THREE QUARTERS OP Tag
COST Ot:` SAN/TARP` SEWERS BE APPoRtioFfl b
TO ABUTTING Pf?OPERTY . t;xCEYT AT INTER-
SECTIONS, WITh TREE OtARTERS OE Tits
COST OP AN 8" SANITARY 5EWEtt EXCEPT -AT
INTERSECTIONS AS SUCH COST IS ESTIMM.TEb
BY THE CITY MANAGER (WHICHEVER BE THE
LESSER) NOT INCLUDING HEREIN THE COST
OE LATERALS, PUMPING STATION Ott OUTLET: -
AND SUBMITTING SAME TO THE ELECTORS OF
THE CITY of MIAMI IN TtIE NOVEMBER 5,
1974 STATE OP FLORIDA AND DADS COUNTY
GENERAL ELECTION; PROVI bI NG THAT THIS
PROPOSED CHARTER AMENDMENT SHALL BE
REFERRED TO AS Pi20POSEt) CHARTER AMEND-
MENT NO. 2 REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;.
CONTAINING A SEVERABILITY PROVISION;
DECLARING:.THIS ORDINANCE TO BE AN EMERGENCY
MEASURE AND DISPENSING WITH THE REQUIREMENT
OF READING THE SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
WHEREAS', it is the desire of the' City Commission
to amend Section 56 of, the City of Miami Charter for.
the purpose of providing that the City pay a greater
roportion'of the cost of Sanitary Sewer Improvement than
t entry pi..,viued in the City of Miami Charter;
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 Amend-
ment for submission to the electors of the City of Miami
at the November 5, 1974 State of Florida and Dade County
General Election
to become effective December 1, 1974.
Section 56, Subsection (d) (4) (h) of t}ie city of
Miami Charter, Chapter 16847 Special Acts, Laws of Florida,.
1925, as amended or supplemented, is hereby amended to read.
as follows;
Sec. 56 (J) (4) (h) , Apportionment of cost to Abutting
owner.
The abutting property shall be apportioned
either (a) three quarters of the cost of a
sanitary sewer except at intersections, or
(b) three quarters of the cost of an eight -inch
sanitary sewer except at intersections as such
cost is estimated by the City, Manager (whichever
Le th., lesser) not including herein the cost of
laterals, pumping station or outlet.
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 56 (J) (4) (h) of the C.iarter
be amended to provide that:only (a) three
quarters of the cost of sanitary sewer,
be apportioned to abutting property except at
intersections or (b) three quarters of the
cost of 'an eight -inch sanitary sewer.except
at' intersections as; such cost, estimated by
the City Manager (whichever be the lesser)
not including herein the cost of laterals,
pumping station or outlet be approved or
disapproved?°,
Section 3. The Board of County Commissioners of
Metropolitan Dade County is requested to submit this proposed
Charter Amendment to the electors of the City of Miami at the
November 5, 1974, State of Florida and Dade County General
Election.
Sebtibb 4., The 5upervi sor of Election , Metropolitan
bade cout\t is regueeted to provide the assistance hecessafy
to properly subthit 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 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 require-
ments 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.
of the
Section 5. The City Clerk is hereby authorized and
to .dive ,4ot.ce of tha adoption of this . ordinance and
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 6. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
$ectibn i= if any Section, sentence, ciatise, ihtasc
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative Or voice, such hoidingor.
invalidity shall not affect the remaining portionsof•thi.:3
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. unconstitutional, 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
lie, val d a:v if ruch parts had not been :included therein.
Section 8. This ordinance is hereby declared to
be an emergency measure on the ground of urgent public need:
for the.preservation of peace, health, safety and property in
City of Miami.
Section 9. The requirement of reading this ordinance,
on two separate days is hereby dispensed with by a vote of not
less than four -fifths of the Members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this
July
•
1974.
11t11 day of
MAURICE A FERRE
MAY 0 R
ATTEST: H.A. SOUTHERN'
CITY CLERK
MIAMI.1/tVI W
Ankh bAtLV kteotib
P11144 d batty etcerl ,Sntttrdny, Suhday. and
Legal holidays -
. MiA I, bade doubly, riot da.
StAt . o€. JLeiRibA
COUNTY OF DADE
l3etete ' the tifitiePsigned „ , authority persbhally
appeared t H. L • James who on bath says that he
is Vice•Presldeht Of the Miami Review and Deily
Retard, a daily (except Saturday, Suhday .and Legal
Holidays) newspaper, published at Miami in Dade
County Florida: that the attached copy of advertise.
Meat, being a Legal Advertisement "or Notice to the
matter of
Cite Qf.,., .3-.atta..4 r ,orida
tte:
ADOPTION OF ORDINANCE NO. 8285
In Court,
was tPublished in said newspaper in the issues of
July 17t.1974
Afflant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
In said Dada 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 tho first publication of the attached
copy of advertisement; and affiant further says that
he 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 • -:s3ld�ftewspaper.
$Worn" to'" and , subscri'beQbefore me this
17th #` Jul_ A,D. 19 7Q
r V
day- 'Of...... -,...
t...jal.a•yb..aS S',..1
k, Marjorie T. mith'
Notary PublIe SStetthof,,llorida at Large.
ti
(SEAL)
My Commission expires; September 1, 1977.
t'h ' f►t' StfAS.tt.
NANt: t't►t'\i•1', 11L0Rit►A
1,1;t:A1, NOtt('i•;
All intere?tad *ill take notice
bat oh the 11ih day r,h :fury,
1974 the C,mmisxtoh of the City'
of Dttatnt, Florida adopted un'
ordinance entitled -- '
AN 'ORDINANCE SETTING
- FOitTH A PROPOSED
CHAT:TETI 'AMENDMENT
AMENbtNG SECTION MI,
SUBSECTION.'
OF THE CI Y( O( F 1ItAM1
CHARTER t•'OR T11E run,
POSE OF , rnoVtbiNfl
THAT TifItI:E QUARTERS •
OF Tllt. COST OF SANI-
TARY " SEWERS _BE" AT' •
-
PORTIONED" TO ABUT-
TINct P1tOPERTY•--EXCEPT
ATINTERSECTIONS, WITH
THREE QUARTERS OF T1tI
COST • . OF AN- 6 SAKI•
TARP SEWER, EXCEPT AT
INTERSECTIONS AS SUCH
COST iS INTIMATED - BY
THE CITY MANAGER
(WHICHEVER BE " TI1E
LESSER►' NOT INCLUDING
HEREIN `TINE COST OF
LATERALS,. PUMPING STA-
TION OR OUTLETt"AND
SUt1M1TTING SAME' TO
THE ELECTORS OF THE
CITY OF' M1AMI I\ THE
NOVEMBER b. 1974 STATE
OF FLORIDA•'AND • DADE
.COUNTY GENERAL ELEC-
TION: PROVIDING -.THAT
THIS PROPOSED CHAR- t
TER AMENDMENT: SHALL
BE,' REFERRED TO'- 'AS
PROPOSED`-. " CHHARTER
AMENDMENT NO. 2: RE-
PEALING ALL ORDT-
NANCES'OR PARTS OF
ORDINANCES ' IN CON-
FLiCT - HEREWITH: CON-
TAINING"'A SEVERABIL
ITY PROVISION: DECLAR-
ING THIS ORDINANCE TO
BE AN EMERGENCY MEAS- .}
URE "AND • " DISPENSING
\PITH THE REQUIREMENT "
OF I:EADING THE SAME
ON " TWO r SEPARATE
DAYS BY 'A VOTE OF NOT,
LESS THAN- FOUR -FIFTHS
OF " THE . MEMBERS! OF
TILE COMMISSION.:
which i•; designated Ordtnunce
No. S'2>3.
11 " D. SOUTHERN
CITY CLERK
CITY OF M1.1MI,
FLORIDA
Publication of this nittcc on
the 17th duy of July, 1974.
7/17 M 70633,
Me eti
62??4
ORIANANdt NOI
,g2Skur
AN ORDINANCE 'SETTING PORN A PROPOSED
CHARTER AMENDMENT AMENDING SECTION 56�
SUBSECTION (i) (f) (h) OF THE CITY of
MIAMI CHARTtk PoR THE PURPOSE Off'
PROtiIDINC THAT THREE QUARTERS OP THE
COST OF SANITARY sEWERS BE APPORTIONED
TO ABUTTING PROPERTY EcCEPT AT INTER-
SECTIONS i WITH THREE QUARTERS OP TFIE
COST OF AN 8" SANITARY stWtR EXcHPT AT
INTERSECTIONS AS SUCH COST IS ESTIMATED
BY THE CITY MANAGER (WHICHEVER BE THE
LESSER NOT INCLUDING UEREIN THE COST
OF LATERALS, PUMPING STATION OR OUTLET;
AND SUBMITTING SAME TO THE ELECTORS OF
THE CITY Or MIAMI IN THE NOVEMBER 5,
1974 STATE OF FLORIDA AND DADE COUNTY
GENERAL ELECTION; PROVIDING THAT THIS
PROPOSED CHARTER AMENDMENT SHALL BE
REFERRED TO AS PROPOSED CHARTER AMEND-
MENT NO. 2; REPEALING ALL ORDINANCES OR,
PARTS OF ORDINANCES IN CONFLICT HEREWITH
CONTAINING A SEVERABILITY PROVISION
DECLARINGTHIS ORDIiiiNC,E TO BE AN EMERGENCY
MEASURE AND DISPENSIi ITH THE REQUIREMENT
OF READING THE SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
WHEREAS, it is the .desire of the City Commission
.to amend Section 56 of the City of Miami Charter for
the purpose of providing that the City pay a greater
proportion of the cost of Sanitary Sewer Improvement than
presently provided in the City of Miami Charter;
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 Amend
ment for'submission to the electors of the City of Miami
at the November 5", 1974 State of Florida and Dade County,
General Election, to become effective December 1, 1974.
Section 56, Subsection (') (h) (h) of the City Of
Miahu Chartet, Chapter 10847, Special Acts, Laws -of Florida,
1925, as amended or supplemented, is hereby amended to read
as follows: 1/
Sec. 56 (J) (4) (h) Apportionment of cost to Abutting
Owner.
The abutting property shall,be apportioned
either (a) three ,quarters of the cost of a
'sanitary'sewer except: at intersections, or..
(b) three quarters of the cost of an eightinch
.sanitary sewer except at intersections as such,
cost is estimated by the City Manager (whichever
be the lesser) not including herein the cost of
laterals, pumping station or outlet.
,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 56 (J)(4).0) of the Charter
be amended to'provide that only (a)'three
'quarters of the cost of sanitary sewer
be apportioned to abutting property except at
intersections or (b) three quarters. of the
cost of an eight -inch sanitary sewer except
at intersections as such cost, estimated, by
the City Manager (whichever be the lesser).
not including herein the cost of laterals,
pumping station:or outlet be approved or
disapproved?"
Section 3. The Board.of County Commissioners of
Metropolitan Dade County is requested to submit this proposed
Charter Amendment to the electors of the City of Miami at the
November 5, 1974, State of Florida and Dade County General
Sedtioh h: The gttpetVisot of elections, Metf 3oiitah
bade county,
regUetted to ptoVide the.assistahce ne6essaty'
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
f 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 require-
ments 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
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 6, All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed,
section 7 if any seotionb sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall riotaffect the retraining 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 unconstitutional, 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. This ordinance is hereby declared to
be an emergency measure' on the ground of urgent public need
for the preservation of peace,
the City of Miami.
Section 9. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of not
less than four -fifths of the Members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this /if day of,
1974.
PREPARED AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS;
health, safety and property in
ohn $, Lloyd
ity Attorney
.�/ underscored words oonstitlate the amendment .proposed. Remain-
'' ng prow.eions are now in effect and rema4-n unchanged•
4
€):--)
ri--A.A•ti
r
OEFPUTY CLERKS
t2AYFAo!10 1. MbottE
Fi b l. 1•4 ohms
taint fflirTha
+ t'fitt of the Cittg Clerk
Ltllt fall,
zit�tt Matt Attt Lit tt &tot,
tlittt►Il. Ifitit•t tt !OM
July 22.1744
Mt:. i :iy,tatd Phclzri, Ceputy c1ei h
13otird of County Cotnnis ioners
Dace Cour t:y Courthouse Aooni 200
Iiiatai, F1orida.
- Dear i•ir. "Phelan.
Ft. b, SOUTHERN
City CLERK
aALPH G. ONeiE •.
AS5i5?A4f to-v Ct.ERk
At the requ.?3 Of th.? City Cortn:is lion of iliami,•
enclosed hotetAth is .one cer 1 i ciod copy each of Ordi,iarlces
8234, '3205, 0237, 8233 and 8209.
1IDS/rn.
enc.
Yours truly.,
f.D. Sout:her ,
City Clerk
itt 8*2 465-
'OR IANAi t8 8285
1 i ORDINAN2.8 SET TRIG Point' A PROPoSEL)
QtrAA'ffit A' ,NnMENT A; N ItNG 88dTioN 56,
8085EGT ON (i) (f) (h) OP tItE L.iT'./ O[`.
MIAMI 'enART8R fOR THE PURPos% OI;
PROVxoflrc Tf7Ai' TFLEL QUARTERS OF THE
Cost },Oi sA P IT\R7. SEw RS LIE " As ?C'RTIUit1i7
h
1TO AJ3�Tt1'TG O ER ( E. CI PT AT IN4TNr
SECTIONS, S+1I Tt: Ttn1r yli RTERS O.�" T i8
COST OP' AN 81� SANITARY SEW a EXCEPT. AT
ttvTERSECTtoN$ AS SUCH COST IS 8STIMt,T D
b? iciE CITY MANAGER (W8ICiLEVER $v THE
LESSER) NOT Ii+CLUDING, HEREIN T88 COST
OF LATERALS, PUMPING STATION OR OUTLET;
AND SUBMITTING sr -ME TO TitE ELECTORS OE
THE CITY OF MIAMI IN THE ?i0VEi rB3ER 5,
1974 STATE OF, FLORIDA AND DADE COUNTY
GENERAL -ELECTION PROVIDING THAT THIS
PROPOSED CHARTER,AMENDMENT 8 ALL DE
REFERRED . TO AS PROPOSED, CHARTER AMEND-
MENT No.. 2; REPEALING ALL. ORDINANCES OR
PARTS by ORDINANCES IN CONFLICT HEREWITH;
CONTAINING A SEVERABILITY PROVISION;
DECLARING THIS ORDINANCE TO nE AN EMERGENCY
MEASURE AND DISPENSING WITH THE REQUIRE►IENT.
OF READING TH2 SAIL ON 0 SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION
WHEREAS, it is the desire of the City Co:nmissicm
to amend Section 56 of the City of Miami Charter for
thepurpose of providing that the City pay a greater
proportion of the cost of Sanitary Sewer Improvement than
presently provided in the City of Miami Charter;
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 Amend-
ment for submission to the electors of the City of Miami
at the November.5, 1974 State of Florida and Dade County
General Election, to become effective December 1, 1974.
5eotibn 56 Suhseotien 0) (4) (h) cif the City of
Miami Charter, Chaster 10847, Special Acts, Law of Florida,
1925i as amended or, supplemented, is hereby ainended;to.roan
a5 fol1ows:
Sec. 55 (J) (4) (1-1) . Apportionment of Cost to Abutting
owner.
The abutting property shall be apportioned
either (a) three quarters of the cost of a
sanitary seWer except: at intersections, or
(b)three quarters of the cost of an eight -inch
sanitary 3ewer.except at intersections as such
cost is estimated by the city Manager (whichever
be the lesser). not including herein the cost of
laterals, pumping station or outlet.
Section2. It is requested that this propo
Charter Amendment be 'submitted to the electors of the City of
Miami in the following or substantially the following form:
"Shall Secticn 56 (J) (4) (h) of the Garter
be amended to provide that only (a) three.
quarters of the cost of sanitary sewer
be apportioned to abutting property except at
intersections or.(b) three quarters of the
cost of an eight -inch sanitary sewer except
at intersections as such cost, estimated by
the City Manager (whichever be the lesser)
not including herein the cost of laterals,.
pumping station or outlet be approved or
disapproved?"
Section 3. The Board of County Commissioners of
Metropolitan Dade County is requested to submit this proposed
Charter Amendment to the electors of the City of Miami at the
November 5, 1974, State: of Florida and Dade County General
Election.
i
Tice SUperVitor of EleCtiblig, i-Metropolitan .
bade ,County, is rerluested to provide: the assistance necessary
to properly submit thi a Charter Amendment to the electors of
the City of Miami. The re/istration 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 clerk of
election and as inspectors of; election, and the form of ballot
to be used (prepared in compliance with all statutory require -
vents 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-
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.
Section6. A11ordinances, code sections or parts.
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
8ectiOn /-, 7f any tedt,ion, sentence, clause, phrase
6r ward of thin cirdiha.de is for any reaaoh held or declared
to be Unconstitutional, inoperative or void, sU.ch 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 etch uncohatitutional, invalid, or inoperative part
therein; and the remainder of -this ordinance, after the
e.tclusion of 'such part. or parts 'shall be deemed and held
be valid as if such parts had not been included therein.
Section 8. This ordinance is hereby declared to:
to
e an emergency measure on the ground of urgent public need
for the preservation of; peace, health, safety and property in
the City of Miami.`
Section 9. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of not
less than four -fifths of the Members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this ].l th day of
July 1974.
IMIAURICE A FERRE
i
■
STATE OP PLOR/DA
COUNTY OP DADE
CITY Op MIAMI
1, t-I, D. SOUTHERN, ERN, Clerk of the City of Miami, ilorida
do hereby certify that the attached and foregoing pages
numbered 1 through 4, inclusive, contain a true and correct
copy of an ordinance adopted by the Commission of said City
at a meeting held on the llth day of July , 19 74,
designated Ordinance NO. 8285.
WITNESS my hand and the official Seal of the City of,
Miami, Florida, this 22nd day of November
H. D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
By:
Deputy City Clerk
KttuUotY Is (omit *WAS IPA
of u.w avtnr. ru>wtoA.
t.ttz>«o Vt lrttt�
HICi1 /HI)1'. HH1NKIA,
CLERK CiHCU11 COURT