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Ord No 27-12-2143ORDINANCE NO. 2 7 -1 2- 214 3 An Ordinance amending Article III, Section 12 -56 titled "Administrative procedures" of the City's Code of Ordinances to provide an administrative procedure for the payment of the special and general counsel of the Health Facilities Authority. WHEREAS, the City Commission created Chapter 12A of the Code of the City of South Miami, entitled "City of South Miami Health Facilities Authority: by Ordinance No. 11 -95 -1584; and WHEREAS, the City Commission has found the need for amending Article III, Section 12 -56 titled "Administrative procedures" in order to provide an administrative procedure for the payment of the special and general counsel of the Health Facilities Authority; and NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article III, Section 12 -56 titled "Administrative procedures" of the City's Code of Ordinances is hereby amended to read as follows: "Sec. 12 -56. - Administrative procedures. The Authority may adopt administrative guidelines and procedures in connection with the exercise of its powers hereunder, which shall become effective upon approval by the Commission. Such guidelines and procedures shall only be amended by the Authority with the approval of the Commission. Until the Authority adopts administrative procedures which are approved by the Commission, the following_ procedure shall be followed for the payment of all Authority expenses: a. All expenses incurred in carrying out the provisions of this Article III Section 12, and provided by vendors including but not limited to the expenses of special and general counsel as well as accountants and other experts (hereinafter referred to as "HFA Vendors ")shall be submitted to the City Attorney for review and approval. All approved invoices shall be submitted by the City Attorney to the applicable Health Facility or Health Facilities who received funding through the Authority. b. Each Health Facility shall bav its prorated share of the expenses unless an expense is attributable to a specific funding, in which case the Health Facility that benefited from that funding shall pay all of those expenses. Payment made by a Health Facility for a specific HFA Vendor invoice shall be made payable to the order of the Cites South Miami and deposited by the City into a separate Health Facilities Authority account for later payment by the City to the applicable HFA Vendor. c. Upon the clearance of the funds deposited for the invoice of the HFA Vendor, and as Page 1 of 2 Ord. No. 27 -12 -2143 soon as reasonably possible, the City shall pay, with the funds provided by the Health Facility, the invoice of the HFA Vendor." Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this2 0 th day of November , 2012. ATTEST: �TY CLERK 1St Reading - 11/9/12 2" d Reading- 11/20/12 APPROVED: READ A APPROVED AS FORM: COMMISSION VOTE: LAC E, LEGALI Y ND Mayor Stoddard: �XECLIT ON THERE Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY ATTORNEY Page 2 of 2 4 -0 Yea Yea absent Yea Yea MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 11/20/2012 in the XXXX Court, was published in said newspaper in the issues of 11/09/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -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 Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aff lent further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing tt iii advert It for publication in the said Sworn to and subscribed before me this 09 day of NOVEMBER , A.D. 2012 (SEAL) O.V. FERBEYRE personally known to me �1 °tit. Notary Public State of Florida Cheryl H Marmer My Commission EE 189528 o�n. Expires07 /18/2olo (�IIy� pt +'Y *'i K 34SE I SUNDAY, NOVEMBER 11, 2012 SE MiamiHeraid.com I THE MIAMI HERALD SOUTH MOTORSoNnA (866) 475 -7566 SouthHonda.com Hi -Tech Air Service FPL PARTICIPATING INDEPENDENT CONTRACTORsm Financing Available TRANS SW 88 Ave., Miami, FL 33176305=969m2600 CORAL GABLES Voters repeal 52- year -old law *VOTE, FROM 35E commission" The city had quit enforc- ing the pickup ordinance during and after Kuvin's suit, but Anderson, in her fi- nal term after a decade on the commission, proposed that the Coral Gables Plan- ning and Zoning Depart- ment review the ordinance. The Planning and Zoning Board recommended that the rule be modified and the discussion traveled to the commission. The panel, in June, at the urging of Mayor Jim Cason, opted to put the issue before voters in a CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE 1S HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, November 20, 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending Section 20- 3.6(U), of the City of South Miami's Land Development Code, Outdoor lighting spillage; creating additional minimum standards for outdoor lighting in residential districts. An Ordinance amending the development agreement originally adopted by Ordinance No. 05 -05 -1827 and amended by Ordinance No. 18 -05 -1840 concerning the project known as "Project Sunset" and located generally at 5750 Sunset Drive, for the purpose of clarifying the effective date of the agreement and term of agreement. An Ordinance amending Article III, Section 12 -56 titled "Administrative procedures" of the City's Code of Ordinances to provide an administrative procedure for the payment of the special and general counsel of the Health Facilities Authority. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305- 663.6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Page: NabesSE_22, Frl;finn• 1 c referendum Some, like Anderson and Victoriano, expressed dis- appointment at the time with that decision They felt the commission should have voted the matter up or down. Former mayor Don Sles- nick, a staunch proponent of keeping the ordinance, also had urged commissioners to maintain status quo. Cason celebrated that so many voters opted to be heard on the issue, given that the item was last on a five -page, two -sided ballot laden with state constitu- tional amendments, along with the presidential race. "This is what democracy is all about, the voters mak- ing their voices heard and Coral Gables voters clearly spoke last night," he said Wednesday. "Those resi- dents who have, or wish to have, pickup trucks, may now do so legally." Anderson responded on election night when it be- came increasingly clear that support for modifying the ordinance had achieved ac- celeration as more poll numbers trickled in late into the evening. "I'm glad folks in Coral Gables thought it was time to update this archaic law," she said. Cason said Tuesday's change doesn't alter Coral Gables'. basic values. "Whether you supported or opposed the change, Cor- al Gables is still the City Beautiful and will always re- main so," Cason said. Victoriano doesn't own a pickup truck— her son does — but on Thursday after- noon she was enjoying the As a part of Miaral.Dade County's continuing commitment to public, participation in local govemment, Commissioner Xav er L..Suarez and the Parks,. Recreation and Open Spaces Department invite.. area'resldentsto attend a public open. house meeting foc R, Hardy Matheson Preserve The purpose of this public open house meeting is fo receive public: comments regarding the proposed revisions to the. general. plan for R. Hardy Matheson Preserve. Residents and interested parties are encouraged to attend and participate in the public open house meeting. The meeting will takiplace at: Palmetto Golf course 9300 Coral Reef Drive, Miami, FL 33176 December 12th, 2012 6:00 - 8:00 PM For more Information regarding this project or to view a copy of the plan please contact: Dallas Hazel Ion Environmental Resource Project Supervisor Parks, Recreation and Open Spaces Department 305.2570933 x 237 To request material in an accessible format, information on access for persons with disabilities, or sgn interpreter services (7 days in advance), call 305- 3656706. Public participation is solicited without regard to race, color, religion, sex, age, national origin, disability or family status. Pub. date: Sunday, November 11 Can4inn vnnn• rf Aacr victory, "It felt good driving through the Gables. I smiled when I saw a pickup and knowing we had a big part on this," she said, adding that there is one more chap- ter in this long story. "We're planning a tailgate party within the next couple of weeks." Follow @HowardCohen on Tlvitter. 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