HomeMy WebLinkAboutItem #94 - OrdinanceORDINANCE NO.
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT BY DELETING SECTION 15(a) OF THE
CHARTER OF THE CITY OF MIAMI ENTITLED "REMOVAL
OF CITY MANAGER" AND SUBSTITUTING THEREFOR A
NEW SECTION 15(a) ENTITLED "REMOVAL OF CITY
MANAGER"; AND SUBMITTING THE PROPOSED CHARTER
AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI
AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6,
1973;.PROVIDING THAT THIS PROPOSED CHARTER
AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER
AMENDMENT NUMBER 6; 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.
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 general municipal election
on November 6, 1973; said provision to become effective November 7,
1973.
CHARTER AMENDMENT NO. 6
Section 15(a) of the City of Miami Charter, Chapter 10847,
Special Acts, Laws of Florida, 1925, as amended or supplemented, is
hereby amended by deleting Section 15(a) entitled "Removal of City
Manager" in its entirety and substituting therefor a new Section 15(a)
entitled "Removal of City Manager" as follows:
"Section 15(a) Removal of City Manager.- The Commission
having appointed the City Manager by a majority vote of
its members may remove him by a majority vote of its
members providing that at least thirty days before such
removal shall become effective, the commission shall, by
a majority vote of its members, adopt a preliminary
resolution stating the reasons for his removal. The city
manager may reply in writing and may request a public
hearing, which shall be held not earlier than twenty days
nor later than thirty days after the filing of such
request. After such public hearing, if one be requested,
and after full consideration the commission, by a
majority vote of its members, may adopt a final resolution
of removal."
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Section 2. The proper city officials are instructed
and directed to take the actions necessary for the submission of
this proposed charter amendment to the electors of the City of
Miami by placing it on the ballot as CHARTER AMENDMENT NO. 6 in
substantially the following form:
Shall Section 15(a)of the Charter of the City
of Miami entitled "Removal of City Manager" be
deleted in its entirety and a new Section 15(a)
entitled "Removal of City Manager" be substituted
therefore as follows: The Commission having
appointed the City Manager by a majority vote of
its members may remove him by a majority vote of its
members providing that at least thirty days before
such removal shall become effective, the commission
shall, by a majority vote of its members, adopt a
preliminary resolution stating the reasons for his
removal. The city manager may reply in writing and
may request a public hearing, which shall be held not
earlier than twenty days nor later than thirty days
after the filing of such request. After such public
hearing, if one be requested, and after full con-
sideration the commission, by a majority vote of its
members, may adopt a final resolution of removal,
as more fully set forth in Ordinance No.
dated July 26, 1973?
Section 3. All ordinances, code sections or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 4. If any section, sentence, clause, phrase, or
word of this ordinance is for any reason held or declared to be un-
constitutional, imoperative, 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 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 5. 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 6. 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 City Commission.
PASSED AND ADOPTED this. day of
1973.
MAURICE A. FERRE
MAYOR
H. D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
JOHN S. LLOYD
(Asst. to Director
APPROV S TO F <0.RRECZ'NESS :
ALAN H. ROTHSTEIN
City Attorney