Ord No 30-12-2146ORDINANCE NO. 30-12-2146
An Ordinance amending Section 2 -2.1 (C), titled "Rules of procedure of city
commission: Agenda" of the City's Code of Ordinances to establish a
procedure for advanced notice of add -on item(s) on the Official Agenda and
repealing Resolution 61 -10- 13095.
WHEREAS, the City
Commission created
Section 2 -2.1 (C) of
the Code of the City of
South
Miami, entitled "Rules
of procedure of city commission: Agenda ";
and
WHEREAS, the City Commission has found the need for amending Section 2 -2.1 (C)
titled "Rules of procedure of city commission: Agenda" in order to establish a procedure for
advanced notice of last minute adding of items onto the Official Agenda and to provide an
effective date.
WHEREAS, the City, by Resolution 61 -10 -13095 created a Temporary Procedural Rule
governing add -on agenda items;
WHEREAS, the City Commission desires to codify the Temporary Procedureal Rule set
forth in Resolution 61 -10- 13095;
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 2 -2.1 (C) titled "Rules of procedure of city commission: Agenda" of
the City's Code of Ordinances is hereby amended to read as follows:
"Sec. 2 -2.1. - Rules of procedure of city commission.
AGENDA. There shall be an Oefficial Aagenda for every meeting of the Ceommission
which shall determine the order of business conducted at the meeting. The Ceommission
shall not take action upon any item, matter or item or business (City Business) which is not
listed upon the Oefficial Aagenda without approval of at least three (3) commissioners
members present at such regular meeting to add such City Business to the Official Agenda.
The Official Aagenda shall be prepared by the clerk in appropriate form approved by the
Ceommission. Matters City Business may be placed on the agenda by the mayor, the city
manager, any commissioner, and the city attorney. A copy of the agenda shall be delivered
to each commissioner, the mayor, the city manager, and the city attorney at least seventy -
two (72) hours prior to any regularly scheduled meeting, and twenty -four (24) hours prior to
any special or workshop meeting. Ne business may be ,,,,,,,aucte,a at ., speei„ l or- workshop
meeting other than that for which this meeting was ealled. Any agenda item that has been
tabled without a tifne oei4ain shall automatieally be removed if not aeted upon during the
three (3) sueeeeding Fegular- commission meetings following the date of said tabling.
Except for emergencies, no item will be placed on the agenda of a regular meeting of
the commission which has not been delivered to the city clerk by noon on the
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Ord. No, 30 -12 -2146
Wednesday preceding such regular meeting, excepting as provided in this subsection
2- 2.1(C).
(1) Add -ons: No business shall be conducted at anal or regular meeting that is not
reflected in the Official Agenda unless the Official Agenda is amended or
supplemented to reflect additional business ( "Add -on Items ") to be conducted at said
meeting ("Add-on Agenda") and unless the Add -on Agenda is posted and delivered to
the City Commission. The Add -on Agenda items must be delivered to the Cites
no later than 4:00 p.m. on the day of the meeting and must be posted on the City's
website no later than 5:00 p.m., and at substantially the same time, it shall be
forwarded to the members of the City Commission before the commencement of the
relevant meeting electronically or by any comparable means. The City Clerk is
further directed to make said add -on item(s) available to the public at the entrance to
the Commission Chambers during every Commission meeting. The City Clerk shall
at the end of the consent agenda after the ,-oil ;n ,ii° a at any Commission m ° ° +; r.n
,
read into the record of sugh Commission m°°+;,w the title of any the proposed add -on
item (s) sought to be placed on that the agenda. Nothing herein shall affect the
requirement that any add -on item can only be placed on the agenda by the approval of
the majority vote of the City Commission.
(2)
Workshops
and special
meeting
No City Business may
be conducted at a special
or
workshop
meeting
other
than that
for which this meeting
was called.
(3) Removal of business: Any agenda item that has been tabled without a time certain
shall automatically be removed from the agenda if not acted upon during the three (3)
succeeding regular commission meetings following the date of said tabling. If a
brobosed ordinance has been automatically removed for lack of action, it may only be
re- introduced as a first reading of the ordinance.
Section 2. Resolution 61 -10 -13095 is hereby repealed.
Section 3. 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 4. 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 5. 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
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Ord. No. 30 -12 -2146
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 1 8thday of December , 2012.
ATTEST:
CITY CLERK
1St Reading 12/04/12
2 °d Reading 12 /1 8/12
APPROVED:
READ AND AP ROVED AS TO FORM: COMMISSION VOTE: 5 -0
LANG EGALITYN Mayor Stoddard: Yea
E 10 THEREOF Vice Mayor Liebman: Yea
' Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
CIT ATTORNEY
Page 3 of 3
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Hon. Mayor, Vice Mayor
and Commissioners
CC:
FROM:
Maria M. Menendez; City Clerk
Thomas F. Pepe, City Attorney
Date: December 18, 2012
We are furthering recommending the additional language to be incorporated in the
attached ordinance:
REMARKS:
1) The reason for recommending striking "...special or',." on the first line is
because it is in conflict with the city charter.
Commission Meeting 12 -18 -12
Page I of 2
Ord, amending See. 2 -2.1 (C)
2)'
5
wAmy documents\resolytions\ordinance memo.add -on items.doc
Page 2 of 2
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays:
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADEt
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 Busine
Review f1k/a Miami Review, a daily (except Saturday, Sunda
and 'Legal Holidays) newspaper;, published at Miami in Miam
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 12118/2012'
in the XXXX Court,
was published in said newspaper In the issues of
12/0712012
Affiantfurther 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 Count
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 affiant 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 !Ws adverll;, �t for publication in the said
Sworn to and subscribed before
07 day. of DECEMBfiX A.D. 2012
O.V. FERBEYRE personally known to me
B, THOMAS
Commission # DD 937532
Expires November 2, 2013
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