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HomeMy WebLinkAboutO-08300ORDINANCE N0, . t M.. AN ORDINANCE AMENDING ORb±1ANCE NO4 8288, 'y SETTING PORTH A PROPOSED CHARTER AMENDMENT, AMENDING SECTIONSi9 AND 62 'OF "THE CITY OF MIAMI CHARTER F'OR THE PURPOSE OV ADDING UTY CITY MANAGERS TO UNCt,ASSIFIED. DEP� � POSITIONS IN THE SERVICE OF THE CITY BY ' ett ADDING THE TITLE OF DEPUTY CITY MANAGER TO SECTION 62, SUBSECTION (1)(a), AND IN SECTION 19-CAUTHORIZING THE.. COMMISSION BY ORDINANCE TO CREATE THE OFFICE OF DEPUTY CITY MANAGER AND PROVIDING FOR THE APPOINTMENT OF THE NUMBER OP DEPUTIES AS THE COMMISSION DEEMS APPROPRIATE; AND SUBMITTING SAME TO THE ELECTORS OF THE CITY OF MIAMI IN THE NOVEMBER 5, 1974 STATE OF FLORIDA AND BADE COUNTY GENERAL ELECTION; PROVIDING THAT THIS PROPOSED CHARTER.AMENbMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT No. 3; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; 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. Sections 19 and 62 of the City of Miami charter, for the purpose of providing Deputy City Managers as recommended by the Booz Alien Report; and WHEREAS, Ordinance No. 8288 was passed by title only on July 11,,1974, containing a scrivener error; 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 5, 1974 State of Florida and Dade County General • Election, o become effective December 1, 1974. Sedtion 19 Of the City of Miami Chattef, Chapter 10847, 'Spedial 1dts►Laws of Florida, 1925, as amended or supplemented, is hereby amended by the addition of Sed. 19=C► to read as follows: Sec. ...19-C, Creatioh of OffiCe of DeOuty_City Manager by ordinance. The Commission may by ordinance create theoffiee of Deputy City Manager and provide for the appoint- ment of the number of Deputy City Managers as the Commission may deem appropriate. The Deputy City Managers shall perform such duties as may be assigned to them by the City Manager. In performing their assigned duties they shall act for and in the name ofthe City Manager and their acts shall be as valid as though performed by the City Manager in person. Section 62 of the city of Miami Charter, Chapter 10847, Special Acts, Laws of Florida 1925 'as amended or supplemented, is hereby amended as follows: Sec. 62 (1) (a) (1) The unclassified service shall include: (a) The City Manager, his assistants, the • Assistant City Managers, the Deputy City Managers and their secretarial staff. 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 Sections 19 and 62 of th'e City of Miami Charter' be amended for'the purpose of providing for the creation of the office of Deputy City Manager who shall act for and in the name of ,the City Manager and whose acts shall be as 'valid as though performed by the City Manager.. in;,person and the addition of the position of Deputy City Manager to the list of positions in the unclassified service of the City of Miami? Sec�tiofi 3: The Board of Comity Colifiissib efs Metropolitan bade Couhty .ie . tecjl ested to eubinit this proposed Chatter Ar endinent to the eleetors of the it of Miami at the.NoVethber 50 1974i state of Fiotida and bade .County C;eheral Eieetion. . Section 4. The supervisor of Elections,, Metropolitan Dade County,.is requested topr'ovide the assistance 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 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: 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. Ail ordinances, code sedtiohs of parts thereof in 'conflict heteWith, insofar as they are ih conflicts' ate hereby repealed. Section 7. 1f any Section, sentenee, clause, phrase, of word of this bdihahee Is for any reason held or dec1ated to be undonstitUtional, inoperative ot Void, Such holding of 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 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, 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. Section 10. become effective on PASSED AND ADOPTED The provisions of this ordinance shall 1974. BY TITLE ONLY. this /2. day o AW.e,•eF PREPARED AND APPROVED BY; s Mihele Carter Aesiptant City Attorney. (1"/"( MAYOR (-,t.,', City)Clerh MIAMI I i11�W Mob 151 Y PlEdeini5 ijutlitAel hairy :rr f ditti dj�; ftAdtl city bed itollitla t • Mt d, bete, totsio, Ploticla MAfi 'b% PibhthA tbtiNW $f bAb before the iiiidestg ed eulhotiti pbrtioFl9tty 0 '• peered Ruth (flatter, w o ofi oath says that she s .• Assistant to, the Putlishet of the Miami R@vIeW. ind Daily Record, 9 daily (except Saturday, Sunday efid • Legal ' Holidays) newspaper, published et Wadi, In Dade County. Florida; that the attached copy of advet. tisernent, being a Legal Advertisement or Natice to the matter of, rr t .of Miami, rlo `ida Re: b tb/NANCE No 8300 in the 3fX Court, was published In said newspapet In the issues of 8eptetttbet i9 r 1974 Affiant 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 hews• 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 cf the attached copy of advertisement; and atfiant 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 sak) :hewipapet.. 1- • M , 19th day and subscribed before me this br: September P.D. is 74 .lit. . . ;V.!, Marjorie T. Smith Notary Public, State of Florida at Large. (SEAL) My Commission expires September 1, 1977. t'it% riV3ttAl ttti . t)Ai)t: Lt)t;Nt1•t n0tttDA • IA:t1 t ..NOtit't: All intetested Mitk•e that ph the t2th' 40. nt Septt•ht- bet, t971; the Commission of the Cit}• of 'Sinful, Fioriha hdnpted ah prdlnance entitled = Oribt' ANcl AMENDING CRDINA1 }: \0. S2S , SET- TINCI FORT -It A' PROPOSED CHARTER •AMENDMENT, AMENDING . SECTIONS 10 AND 02 OF THE CITY ' OF MIAMi CHARTEit I-Ort THE •Pt*ItPOSE OF, ADD- ING !),Pt'T'Y CITY MAN- AO1:RS TO U;'Vi;t.ASSl1IED POSITIONS. a •THE SERV ICE OF TII,R CITY IW 'ADD- INQ,I'HE TITLE Or' DEPCTY CITY 'MANAGER TO SEC- TION C2. SUIISEC.TtON (1)l:tl. SECi'ICN'. i9-C AL)• TIIORIZING THE, COMMIS-. £ION 13Y " ORDINANCETO CREATE - THE OFF ICE OF , DEPUTY' CITY MANAGER i ANrS PItOVIDIGNG FOR THE APPOINTMENT" OP T H E NC:.I'IIER OF DEPUTIES :AS , THE ; COMMISSION DEEMS APPROPRIATE!AND .SUI3.' NUTTING • SAME TO THE ELECTORS OF THE CITY OF MIAMI IN. TIIE NOVEMIIER, S. 1471 ' Si ATE OP FLORIDA' AND DADE .• COUNTY - GEN- ERAL ELECTION: ' PROVII)- iNCI TIL\T TH1:, PlIOP!IED' C IPA 1: 'I' E R AMENT)\TENT 'SIIALI. DE REFERRED TO AS PROPOSED' CIIAIITER AMENDMENT NO. '3: RE- PEALING •ALL ORDINANCES, CODE SECTIOLXS.OR PARTS• ''TIIE11EOF IN CCNFLI:':T, IN. SOFAR AS'.THEY RE. IN ' CONFLICT':' CONTAINING A • EV1:1L U1l.tT,Y.,,`PE(tV1S)ON: DECLARING' THIS: -ORM- .NANCE TC) BE AN EMER `GENCY MEASURE: DISPENS. 1VITI1 TI(E REQUIIIE- NFNT OF READING' THE 'SAME ON' TWO SEPARATI-: DAYS-,1)Y A • VOTE OF NOT LESS THAN ` FOUR -FIFTHS OF THE :S1fM13I'?RS OF THE COMMISSION. ., which . is . designated Ordinance No. S3h0. 1I. D. SOUTHERN CITY CLERK CITY OF MiAMi, FLORIDA. - Publientl n of this n7tlCe on the I3th day at Septenther,,1971•- - 9119 M 011:5 t AN ORDINANCE AMENDIiG ORDINANCE 10 8 : 288�'' y.rl, SETTING FORTH A PROPOS b CHARTER AMENDMENT, A :^ AMENDING SECTIONS 19 AND 62 OF THE CITY OF MIAMI CHARTER.FOR tilt PURPOSE OP ADDING TO UNCLASSIFIED. DEPUTY CITY MANAGERS e�• POSITIONS IN THE SERVICE OF THE CITY BY ADDING TIIE TITLE OF DEPUTY CITY MANAGER TO SECTION 62, SUBSECTION (1)(a), AND IN SECTION 19=C AUTHORIZING THE°COMMISSION BY ORDINANCE TO CREATE THE OFFICE OF DEPUTY CITY MANAGER AND PROVIDING FOR THE APPOINTMENT OF THE NUMBER OF DEPUTIES AS THE COMMISSION DEEMS APPROPRIATE; AND SUBMITTING SAME TO THE ELECTORS OF THE CITY OF MIAMI iN THE NoVEMBER 5,.i974 STATE OF FLORIDA AND DADE COUNTY GENERAL ELECTION; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS ,PROPOSED CHARTER AMENDMENT NO, 3; REPEALING ALL ORDINANCES,' CODE SECTIONS -OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE. AN EMERGENCY MEASURE; 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 sections 19 and 62 of the City of Miami Charter for the purpose of providing Deputy City Managers as recommended by the Booz Allen Report; and WHEREAS, Ordinance No. 8288 was passed by title only on July 11, 1974, containing a scrivener's error; 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 5, 1974 State of Florida and Dade County General Election, to become effective December 1, 1974.. ORbINANCE No, ` J AN ORDINANCE AMEND1Nd ORDINANCE No 8288. , SHTTIN6 FORTH A PROPOSED CHARTER AMENDMENT-, ue,4 AMENbtNd SECTIONS 19 AND 62 of THE CITY oP MIAMI CARTER FOR THE PURPOSE of AbbiIS. DEPUTY CITY MANAGERS toUNCLASSIFiED 0, POSITIONS IN tilt SERVICE OF 'THE CITY BY ADDING THE TITLE OF DEPUTY CITY MANAGER' To SECTION 62., SUBSECTION (1)W, AND IN SECTION 19-C; AUTHORIZINGTHE COMM158IoN BY ORDINANCE TO CREATE THE OFFICE OF DEPUTY CITY MANAGER ANDPROVIDING FOR THE APPOINTMENT CT THE NUMBER OF DEPUTIES AS THE COMMISSION DEEMS APPROPRIATE; AND SUBMITTING; SAME TO THE ELECTORS, OF THE CITY OF MIAMI IN THE NOVEMBER 5, 1974 STATE OF FLORIDA AND DAbE COUNTY GENERAL ELECTIONS PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NO. 3: REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT: CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE', AN EMERGENCY MEASURES DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE. DAYS BYA VOTE OF NOT LESS THAN,,', FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.. WHEREAS, it is, the desire of the City Commission to amend Sections 19 and 62 of the City of Miami Charter for the purpose of providing Deputy City Managers by the Booz Allen Report; and as recommended Ordinance No. 8288 was passed by title only on July 11, 1974, containing a scrivener's error; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY_OF MIAMI, Section 1. Miami hereby submits FLORIDA: The City Commission of the City of the following proposed Charter Amendment for submission to the electors of November 5, 1974 State of Florida the City of Miami at the and Dade County General Election, to become effective December 1, 1974. dI#AttTt ii 1.AMEt4bMEi4T.:..(v0:_.,3 Seetthfi i.9 of . the City - of Miami dharter, Chapter .10841, Special Adts, Lawt of P1orida,.1925, as amended pp y y e additiati of -d, su letnentetl, is 'hereby amended b the SeC � 19" to read as follows: 1 Sec._.. ,19-C Creation of Office ofDeputy City' Manager by ordinance. The Commission may by ordinance _Create the office of Deputy City Manager and provide for the appoint- ment of the number of Deputy. City Managers as the Commission may deem appropriate. The Deputy. City Managers shall perform such duties as may be assigned to them by the City Manager. in performing their assigned duties they shall act for and in the name of the City Manager and their acts shall be as valid as though performed by the City Manager in person. Section 62 of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended or supplemented,. is hereby amended as follows: Sec. 62 (1) (a) (1) The unclassified service shall include: (a) The City Manager, his assistants, the. Assistant City Managers, the Deputy City Managers and their secretarial staff. 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 Sections 19 and 62 of the City of Miami Charter be amended for the purpose of providing for the creation of the office of Deputy, City, Manager who shall act for and in the name of the City Manager and whose acts shall be as valid as though performed by the City Manager in person and the addition of the position of Deputy City Manager to the'list of positions in the unclassified service of the City of Miami? Sectioh 3: The Board of Cotihty Loft issiohers Metropolitaf bade County is tequested"to subh%it,this ,proposed Charter Amendment to the eidetots of the City Miami at the November.5, 1914, State of Florida County General Election. Section 4, The Supervisor of Elections, Metropolitan Dade County, is requested to provide the assistance necessary to properly submit this Charter Amendment to the electors of the City of Miami. The registration ofpersons 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 and Dade requirements relating to the use of mechanical voting machines) shallbe 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.6s Ali ofdinandes, code section's of patty thereof in 'conflict heteWith, insofat as they ate ih coiif ic't, are hereby repealed. Section . ifany section, sentence, Clause, phrase, oiWotd of this ordinate 'e is tot any reason held or declated tobe unconstitutional, inopetative or Void, such holding of invalidity shall not affect the remaining portions of this. ordinance; and it shall be construed to have been the intent f 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, 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. Section 10. The provisions of this ordinance shall become effective on , 1974. PASSED AND ADOPTED BY TITLE ONLY. this /2_ day. rMAYOR Att �'c�`>', ' PREPARED AND APPROVED BY: Mikele Carter Assistant City Attorney APPROVED A$ TO FORM AND CORRECTNESS; City)Clerk City Attorney MIAMI ItKVIIrVV'�"` - ANb 8AIL%P. ti8148 iaatfi &&I .;bens lace r r)w'tli< i' AhA" ah Leggy //auras Miami bo Ie two. !idnia `Aak et lL6itlbA' ' • -.' C6UNfl a bAbk: ' egiii'i' ttitf. uttaettlehed euttiorrty 0616he11>) y O. Peeled Ruth Glitter who till bath sey$ that She IS ' ASSIttalitto, the Ptiblishet of the Mieml Review and Daily Record, _ a deity •, (eiicept Saturday, SUhdey' efid ' Legal Holidays) newspaper, published at Wirral In Dede CaUnty, FtOrida; that the ettached copy of adver• tiserhent, being a Legal Advertisement or Notice to the chatter 6f City of Miami, Piorida orb 1NANCt No. $ b o In the.kkX Court, wee published in said newspaper in the IssueS of - Septembet 19, 1974 • Aflient 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 hews - paper has heretofore been continuously published in " said Dade Countyi Florida, each day (except Saturday, Sunday and Legal Hoiidays) and has been entered es 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 cf the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or. corporation any discount,: rebate, commtsslon or refund for the purpose of Sacuring,•this advertisement for publication In the said ^ hewspeper. wornito and subscribed before Itne this . 1.9th,: day o1r 'September ,•D. t9 74 .:... ,.,.. a ..::...:..... Marjorie T. Smith • Notary Public, State of, Florida at Large. (SEAL) My Commission expires September 1,1977. t't9'1' hI• )tt.%Mt+ bAhi.; 'CO tZN'N•, fii;f)titi)A td(;At. NO1 it'L : All interested :will take mrti,•e that on the 12th (Int. of Septrni. ber, 19Td, the .Coriiniisaton of the City nt • Miami.' Florida ntlr)pted eh nrdinahre entitled - ORDINANCE AMENDING C1 )NNANOE NO, S2S9 SET- TING INC1 PORTII A 'PROPOSED CHARTER. r. AMENDMENT, AMENDING SECTIONS 19 AND. 9^_ ' OP THE CITY OF MIAMI CIt AttTER FOR TItE'Pt'RPOSE OP Ai)1)- 1N(1 DEPt'ri'' CiTY' MAN - Ad ERS TO ' tf•NCLASStltEt) POSITIONS IN = ' THE SERV ICE OF THE CITY BY Abb- . 1NG THE TITLE OP DEPUTY CITY MANAGER TO SEC- • TION C3, SUBSEc roN (1)(a)4 AND IN SECTION.19•c -AD. THORIELNG. THE COMMIS- SION. BY, ORDINANCE '.TO CREATE TIIE OFFICE OF DEPUTY CiTY. MANAGER'. - AND PROt,'1CIGNG POR THE' APPOINTMENT OF T II E NU3IBER OF DEPUTIES AS THE, COMMISSION ' DEEMS APPROPRIATE: AND- SUB: HITTING SAME TO TIIE ELECTORS OF THE CITY OP ' M?AMI IN THE NOVEMBER �• 1'374 , Si ATE ..OF FLORIDA AND - I)ADE COUNTY f;1:N- i'}:AL ELECTION: PROV1D. ING THAT TI1 Plt()I'' 4ED i'IPART'EIt AMl:NI',".1A:N1 SiiALL EFERIIEt) 'ro AS : PROPOSED CIHAIITER AMENDMENT.:.NO. ' 3: 1:2•:- PEALING ALL 'ORDINANCES. CODE SEd' ONS.OR PARTS... ''1'fl RECF LN CCNI LIt.'T, r01,411 'AS. TIIEY 'Ur IN CONFLICT: CONTAINING A , . EV1:It413I1,IT,1;."I'i?OVI.SION: DECLARING THIS OI1I)1- NANC;E TO HE AN EM1:R-•, `GENCY sih: ASI'fE: I)1SPENS- ,ING WITII THE REQUIIIE N11FNT OF. READING THE 'FAME' ON TWO SEPARATE , ' DAYS I:Y .A VOTE -OF :NOT I:ESS THAN" FOtiR-FIFTHS OF TIIE ME MT3I RS OF, THE 'COMMISSION. • tvhlch Is dtsignnto:1 Ordinance No. S309. II. D. SOUTHERN," CITY CI.ERK CITY OF MIAlMI, FLORIDA. PcibliotHin of this n,ticc' on the 13tb day of September. 1971. 9!,19 M 93ni51