Loading...
Ord. No. 36-08-1971ORDINANCE ISO. 36 -08 -1 971 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City's current Code of Ordinances provides procedures for the departments and administrative service of the City; and, WHEREAS, the Mayor and City Commission desire to amend its code in order to bring it up to date; and WHEREAS, the Mayor and City Commission desire to amend its code in order to be consistent with the City's Charter Article III, Section 1. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1. Chapter 2, Article II of the City's Code of Ordinances, entitled Departments, Sections 2 -6, 2 -7.1, 2- 10(d), and 2 -15 of the Code of Ordinances of the City of South Miami is being amended as follows: Sec. 2 -6 Department heads; selection, qualifications, removal, compensation and term of office. All department heads except city attorneys, city clerk, and city judges shall be appointed by the city manager for indefinite terms. They shall be appointed on the basis of ability to perform the duties of the position held and may be removed by the city manager. Appointment of the city attorneys, city clerk and " judges cijy manager shall be by the city commission, as set forth in the charter. Compensation of all department heads shall be fixed by the pay scale adopted by the city commission. Sec. 2 -7.1. Supervision, duties of inspeetion station and. parking control division. The inspeetion station and parking control division shall be under the direct control of the city manager and shall have the following duties: Additions shown by underlining and deletions shown by , vef Page 1 of 3 Ord. No. 36 -08 -1971 (a) Installation, repair and service of parking meters. (b) Nonexclusive enforcement of ordinances and regulations relating to inspection and parking of motor vehicles. Sec. 2 -10. Legal department; functions and duties. The legal department shall consist of a city attorney and an asseeiate attemey and such assistant city attorneys as imay be necessary; the asseeiate assistant city attorney to serve in the absence of the city attorney. The legal department shall perform the following functions: (a) Represent the city in all matters in which the city has an interest coining before any court or tribunal, except in such cases as other arrangements may be specifically made by the city eetmeil commission. (b) Advise the mil commission, manager, and department heads in all cases when legal opinion is required and requested. (c) Draft all deeds, leases, contracts, and other legal instruments as required. Perform all other related functions as required. Sec. 2 -15. Records department; functions and duties. duties: MITWITU :. The records department, directed by the city clerk, shall perform the following (a) Prepare, maintain, publish and index all proceedings of the city eeu-neil commission. (b) Arrange for all elections and maintain all election records. (c) File and preserve, as required, all contracts, bonds, oaths of office, and other documents. Additions shown by underlining and deletions shown by b Page 2 of 3 Ord. No. 36 -08 -1971 (d) File, preserve, and codify all ordinances and feseltit file and preserve all resolutions. (e) Shall have authority to administer oaths_ and issue ti-affants nor= tre affest -Qf (f) Shall act as the Records Management Liaison Officer (RMLO) of the City. (g) Perform all other related functions as required by the city eetineil commission. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this 4day of , 2008. ATTEST: CLERK RED- APPROVED WO FORM CIT T ORNEY APPROVED: O \I 1 st Reading — 7 / 2 9�-6 8 2nd Reading — 9/16/08 COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Additions shown by underlining and deletions shown by evefstfiking. Page 3 of 3 A V. From: Via.: Date: SUBJECT: South tviiarni E rl- Ikrierica Girt CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM i ne rionorable Mayor, Vice Mayor and City Coinalissioners Jay Beclunan, City Commissioner Maria M. Menendez, City Clerk July 22, 2008 ITEM Igo. AN ORDINANCE OF THE MAYOR AND CITY COI VHSSION OF THE CITY OF SOUTH YBAM, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITIT THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECiT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINAIlTCES IN CONFLICT, AND AN EFFECTII E DATE. STAFF'S OBSERVATIONS In reviewing the- Code of Ordinances we Iiave found sortie discrepancies betweeii the "Code of Ordinances and the City's Charter. In addition, besides deleting archaic language, additional language has been incorporated in order to be consistent with the Charter, as indicated on page 1, line 36 where we. have deleted the word "judges" and replaced it with "city manager ". The City of South Miami has not have a court for the past thirty some years. Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments. The following is a summary of the main proposed amendments: 1) Pagel, lines 33, and 36; 2) Page 2, lines 1, 4, 15, 22, 24, 29. 37 and 42; 3) Page 3, lines 4,9-10, and 12. Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Ordinance Charter Art. E[I, Sec. I Code of Ordinances Sec. 2 -6m 2-7.1,2-10(d), and 2 -15 WAMy DocumentslresolutionsWiemo Ordinance.Code amend ch 2 art H.doc ARTICLE H (Cant'd) fails to obey a lawful order issued in the exercise of these powers by the Commission shall be guilty of a misdemeanor and punishable by a fine of not more than $500.00 or by imprisonment for not more than six•months, or both. SECTION 10. Civil ,SeryicelMer.it System The City Commission shall establish a civil service system or a merit system covering and embracing the salaried employees of the City of South Miami, except where in conflict with any other provisions of this Charter. SECTION 11. Departments Except as may be otherwise provided by statute or this Charter, the Commission shall establish, by ordinance, such departments of the City as it deems necessary or advisable and prescribe the functions of all departments,' and duties, Authorities and responsibilities of the department heads. (Amended 2/8/00) 1 SECTION 1. ARTICLE HP HE CITY I�MIhTAGE Appoim tman t The City Commission shall appoint a City Manager by the affirmative vote of a majority of the members of the City Commission. SECTION 2. Qualifications The Manager shall be appointed solely on the basis of his or her executive and administrative qualifications with specific reference to his or her professional training and experience in municipal government. He or she shall be a graduate of a recognized school of government or have experience equivalent thereto. SECTION 3. Removal The City Commission may remove the City Manager from office by affirmative vote of a majority of all of its members, with or without cause. If his or her removal is without cause, the City 15 SOUTH R4LA vH CITY CHARTER AMENDED 2114/06 12-6 SOUTH NM AIM CODE § 2 -7 the duties of the position held and may be removed by the ci manager. Appointment of the city attorneys, city clerk an shall be by the city commission, as set forth in the charter. Compensation of all department heads shall be fixed by the pay scale adopted by the city commission.. (Ord. 1NTo. 404, § 3, 4 -I -58) See. 2 -7. Administration department; fuaeti€ ng and du- 'Lie S. The administration department shall operate directly under the supervision of the city manager and shall consist of the following divisions and duties- (a) Code enforcement division, which shall provided field enforcement of alI zoning codes and ordinances. (b) Personnel divisian..shbll act as secretary to the persionneI board, hire all help, keep all employee records on employ- ment, vacations and' sick leave, handle all matters per- tainin to group insurance and retirement fan.ds; and any other duties related to personnel records. (c) . The city manager shall establish fees to be charged for the furnishing of copies of city records and documents. The city manager shall establish fees to be charged for partic- ipation in city sponsored programs, including but not limited, to those conducted by the recreational depart- ment, a different schedule of fees may be established for nonresidents of the city: Where services are performed by the city and a fee not established by the commission., the city manager shall establish such fee. A list of all fees and charges established by the city manager shall be on file with the city clerk together with all amendments and changes thereto, and available for public inspection. All fees and charges established pursuant hereto shall be predicated upon the actual cost to the city and subject to review by the city commission. Snpp. No. 60 10 2 -7 DT %- fIVISTRATION A'V"D CITY GM,ERNAMNT § 2 -9 (d) The administration department shall perform such other functions as required by city commission. lord. No. 404, § 4, 4 -1 -58; Ord, No. 538; 6- 14 -66; Ord. No. 1800, Ainendiaent ante —Ord.. No. 539 purported to amend § 2 -7 by adding subsections (c) and (d), ho'Wever, in effect, said ordinance added a nev, subsection (c) and redesignated former subsection (c) as subsection (d). Sec. 2-7.1. Supervision, duties nf��asp e S ati andZ---- Parkin,-, control division. The_iaspection- statjt�n and parking control division shall be under the direct control of the city manager and shall have the following duties: (a) Operation of the` city's motor Vehicle ins - won station and issuance of motor�ehicle inspect a � rt fic3tes. (b1 Installation, repair and service of parking meters. (c) Nonexclusive enforcement of ordinances and regulations relating to inspection and.parking of motor vehicles. (Ord..No..462, 10 -3 -61) -. net,iimerit note —ord- TtiTO. 462 mended this Code to add a. new § 2-7A'- The editors have redesignated said section as § 2 -7.1 above to conform to the format bf t1-iis Code. See. 2 -8. Finance department. The finance department shall be under the supervision of the director of finance and shall have the following duties: (a) Auditing division. (1) Kuditing of all receipts and expenditures. (2) Keeping of all accounts of the city and-issuing such reports as required by the city manager. (3) The director of finance shall countersign all checks, after verification of availability of funds. (b) Treasury division, under the immediate supervision of the city manager, shall perform the following functions: (1) Maintain custody of all city fiends, investments and securities, includiig the deposit, withdrawal and recording thereof Supp. No. 60 11 0RDINANCE 462 ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SOUTH MIAMI, FLORIDA, BE AMENDED BY ADDING A SECTION TO THE NUMBERED 2 -7A THEREBY CREATING INSPECTION STATION AND PARKING CONTROL DIVISION: ESTABLISHING DUTIES AND REBPONSIBILITIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA; That the Code of Ordinances of the City of South Miami, Florida is hereby amended by adding Section 2 -7A to said Code; said section to read as follows: 2 -7A The Inspection Station and Parking Control Division shall be under the direct control of the City Manager and shall have the following duties: 1. Operation of the City's Motor Vehicle inspection station and issuance of motor vehicle inspection certificates. 2. Installation.; repair and service of parking meters. 3. Non - exclusive enforcement of ordinances and regulations relating to inspection and parking of motor vehicles. PASSED AND ADOPTED THIS 3rd DAY OF October A.D. 1961. Presiding Officer, City Council ATTEST: City Clerk § 2 -10 ADI MNISTRA.TIO%I RIND CITY GUYTRNMENT 92-12 The legal department shall perform the following functions: (a) Represent the city in all matters in which the city ha-s an interest coming before any court or tribunal, except in such cases as other arrangements may be specifically made by the city council. (b) Advise the council, manager, and department heads in all cases when legal opinion is required and requested. (c) Draft all deeds, leases, contracts, and other legal instru- ments as required. (d) Represent the city in all sessions of the municipal court. (e) Perform all other related functions as required. (Ord. No. 404, § 3, Cross reference - -Office of associate city attorney created, duty and compen- sation of associate city attorney § 2-4.1. See. 2 -11. Reserved. Editor's aDte-Section 2 of Ord_ 1,Io. 1636, adopted AZay, 6, 1997, deleted § 2 -1I in its entirety Formerly § 2 -11 pertained to the municipal eonrt department and deriixed'from-Ord. No. 404, adapted April 1, 1 6, 56. Sec. 2 -12. Police department; functions and duties. The police department, under the supervision of the police chief, shall have the follmvi.ng functions: (a) Enforce the laws and ordinances. (b) Prevent crime and maintain peace and order. (c) Protect lives and property from malicious damage and injury. (d) Operate and maintain all city parking meters. (e) Operate all city owned and operated parking lots. W Maintain and care for all property assigned to the police department. (g) Prosecute all violations within its jurisdiction. (h) Prepare and maintain all records required by law and the city manager. Supp. No. 6D 12.1 42-14 ADAID ISTRATION AND CrTf COVEPM�ENT S 2 -15 a Cb) Construct and maintain all storin . sewers or other surface water drainage systems built on city property (c) Maintain all city owned buildings. (d.) Operate the central repair and maintenance garage. (e) Construct and maintain all city parks and playgrounds' " (f} Collect and dispose of all garbage and trash as required in Chapter 11 of the City Code. (g) Maintain all property and equipment assigned to this department. (h) Prepare and maintain all records pertaining to this de- partment, as required by the city manager. (i) Perform all other functions as required by the city man- ager. (j) Provide landscape maintenance for city rights-of-way, swale areas, and all other public properties. (Ord. loo. 404, § 3, 4 -1 -58; Ord. No. 775, § 1,.4-3-73; Ord. No. 946, §1)- 7- 19 -77; 63 d. Aba -1'800; "§ 3, 6- 17 -03) - Sec. 2 -15. Recards depa t.ment; functions and duties. The records department, directed by the city clerk, shall perform the following duties: (a) Prepare, maintain, publish and index all proceedings of the city council. (b) Arrange for all elections and maintain all election records. (c) _Act as supervisor of registration. (d) File and preserve, as required, all contracts, bonds, oaths of office, and other documents. (e) Shall be clerk of the municipal court. (f) File, preserve, and codify all ordinances and resolutions. (g) Shall have authority to administer oaths and issue war- rants for the arrest of persons violating ordinances of the city: 5upp. No. 60 12.3 WOAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, I,diami -Dade Counly, Florida rATE OF FLORIDA RUNTY OF IJIIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review fAda 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 FOR 8/512008 in the XXXX . Court, was published in said newspaper in the issues of 07/25/2008 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 affarit 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 this advertisement for publication in the said newspaper. '] Sworn to and subscribed befor me this 25 day of JULY , A.D. 2008 (SEAL) V. PEREZ personally known to me P Notary Publlr Stale oI Flonda N � � My Commrsstcn 00793490 Y't'aF Ste° Expires n7116F2D ?3 •c'yP,: �.f'`✓iP �'• ell •!a.,�'L/- r.J`�f4'°1P1,/4a�r.^� =4 a�-'soijlrk MIAMI 146T.16 dFPUB0&i!EARiHG- NOTICE IS HEREBY given thal!Ihg.Cily.Commisston of the City of South Miami; .6fda':vi11. ponrlucl •Public Hearings at its regular City .• Commission meeting scheduled for Tuesday, August 5, 2008 beginning at 7:3D p:m, in the City'Commission'Ghambers, 6130 Sunset Drive, to _con'sidedthe folldw'mgitems:; _'z• - '•.- 3 ..: ` NA(HCE5-6F-7HE MPYOR-AND.CIY (COMMISSION. AN'ORDOF- SO1TH MIAMI, FLORIDA, EIATING TO OF THEbITY , . ' '• TREW!513EVELOPMENf ;CODE;• REMOVING FROM THE LAND OEVELOPIJIEWT ..PODESECTiON.2D- 4.4(G) ENTITLED - JOINT_ USE -SPAEES�VIA.SPECPAL''- -`PARKING PERMIT"; REMOVING FROM -THE LXND DEVELOPMENT CODE SECTION . °20 4:4(H) ENTITLED "METRO -RAIL. USAGE CONSIDEMTIQN, VIA SPECIAL %-PARKING PERMIT"; AMENDING, .SEI TION- ,.2Q7,6- .ENTITLED' -"PARKING" IN ORCiE R'- TO. NIOD IFIC ;REGULATIONS=:PERTAINING TO 4 I BONUSES•.= ?/)NDi :PARKING` - REDUCTIONS ?,IN' THE 'SR - (HD:OV) "k;SPECIALTy'RETAIL• - (HOMETOWN DISTRICT ) OVERLAY ZONING: DISTRICT; :: AMENDING .SECTION . 20 -670 ENTITLED.'BONUS ALLOCATIONS' IN'ORDER TO ELIMINAT;f PliRiONG; 7REDLI&tfbV§ -, AND: 'PARKING - BONUSES -FOR:'DE'VELOPiBENT•INFHIf TODD "•T,RANSIT .i ORIENTED DEVELOPMENT DISTRICT. ZONING DISTRICT; PROVIDING. - FOR SEVEf?.Am ry, ORDINANCES . IN i CONFLICT, AND PROVIDING AN EFFECTIVE DATE.. I A. • AN ORDINANCE OF_THE.MAYOR'AND CITY,FOMMISSION OF'THE,CITY�OF:SOQ]'fli MiAhAi, FLORIDA, TO ANAMENDMENTQFTHE $007- koa.BUDGEf1APPROVING ,•. AND: ADOPj7M '& :.thERECOMMENbATIONS:oF.YHE CITY MANFiGEIi ,�'INCRESE,cTHE= �iCURRENT +;2007;2008 BUDGET ;.FOR".T FiEINCUAp. CEOF PRIOR YEAR.EXPEN- � L• � FJ><R S BUDGET AS " H'' FtREN �- IS A Y ' T E CU. F C DITUftE5.)N . T. SET. FOFt'fH' ItJ z F1E,!ATFACHED' ITEMIZED ;: LIST ARE AMOUNTS 13 1. gND'FUNDED',. NOT EXPEND -- , EO dN'THE FISCAL'YEA(2: ?006 - 2007 ;'AND AUTHORIZING. . THE _GfTY •,MANAGER TO _TAKE- SUCH MEASURES AS NECESSARY'= T'O�ACCONIPLISH THOSE - TRANSFERS; `* PROVIDING :FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. • WWAN ORDINANCE. OF THE MAYDR AND CITY COMMISSION of YHE trTY DF SOLfT}i WAMC FLORIDA; RELATING TO. AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER. 2,: ARTJCI-•E;VSECT70N:2 -7_1 (8) AND.(M)(1)(k), IN ORDER" . 'TO BE CONSISTENT WITH THE Cn Y•S CHARTER ARTICLE 11, - SECTIONS 5 B, AND 6 8(3): AND EDITING THE. ORDINANCE TO CORRECT SCRIVENERS" ERRORS; PROVIDING FOR SEVERABIUTY, ORDINANCES. IN CON- _ ,_Ed&r, AND AN EFFECTIVE DATE. AN ORDINANOE OF THE IJAYOR AND CITY COMMIS OF TOE.-CITY OF SOUTH MIAMI,, FLORIDA,'RELATIN - AMENDING THE GI TY'S CODE OF ORDINANCES CHA 2, ARTICLE ;IL SECTIONS 2J6,-2 -7.1, 2- 16(d), AND 2- ORDER TO BRING THE CODE UP TO 'DATE. AND T CONSISTENT WITH THE CITY'S CHARTER ARTICI SECTION 1; AND EDITING THE ORDINANCE TO CDR SCRIVENERS ERRORS; PAOVIDI14G FOR SEVERAB ORDINANCES IN CONFLIb -r AND AN EFFECTIVE DAT AN ORDINANCE OF THE MAYOR AND CITY COMMI; OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATII, AMENDING THE CITY'S .CODE OF ORDINANCES CHA CONFLICT, AND AN EFFECTIVE DATE. -:- .: AN ORDINANCE'OF'iHE�MAYOR AND CITY COIy1MI: -OF •TIiE, CITY.;OF:S.OU(Ny¢AIAMafFLQRIDA •REF 1Til' AMENDING THE C(Ty;S CODE OP�ROMANCES CHA ARTICLE V. AND WfTH: FLORIDA STATUTES CHAPTE AND EDITING THEORDINANCE % CORRECT.SCF ERS ` ERRORS; -.PROVIDING, -FOR SEVERAE . ORDINANCES 114 CONFLICT. AND AN EFFECTIVE DAl ` A RESOLUTION ;OFTHE ;W%YOR'AND'CITY COMFM: OF THE CfTy.OF.SOUTR ;MIAW ;-ELOFii5A RELATlf THE ISSUANC�OF 'A;CERTIFICATE40F?&PPROPf NESS PURSUANT :fO 9E6T10420.¢.9gjE ])p) OFTHE _ DESIGNATED`. _ :HISTORIC.; - ,COMMERFAAL - BUI .LOCATED AT5g00 S(JRSET�DRIVE;(AMST.'ER BUILD PROVIDING ANEFFECTIVEDATE. • ' If you have any inquiries on,•1he above items ple'a'se cdnta Clerk's office' at: 305,,63- 6340,-x:: -,; • d p a -e ` are invited lo'allend and will he heard.' ALL'inleieste p rir s n - =t_ is _:J• r, ;,Maria M, Menen& City Clerk Pursuant to Florida, Staldtes c2B6.DlD5,'lhe-City'hereby i public that if a person, decides 16.6 eat any decision ma PP. ,.. . Board, Agency of Commission wilFi rasped Ia ariyinatler'ool its meeting or }fearing, he or.she will need a record of thepr and lial for such piirpose,'affecled person may neetl to an verbatim record of the pr&ieidings•is made which iecord it testimony and evidence upon which the appeal is to be based. 7/25. . , ,.. , .. ,. ,. , .. 083 -157, a.m.-4:30 p.m. daily (gardens open until 5:30 p.m., house until 5 p.m.) except Christmas. Day-, 3251 S. Mi4fii Ave:, Miami. $12 adults, $9 Miami- Dade adult residents, $5 kids 6-12, $4 Miamj-Dgd6 kids, frde-for•ids.5 and under; 305-250-9133 6rvizcaya I mg- seum.org. — - World Chess Hall of Fame: The offi- cial hall of both the World and U.S. Cheis:F6de-fa*tion. Champlo'"n'ihips, tournaments and field-trips are held often. A chess' cldb . is'held Thursday nigbtg. Parti,cipation- fih the Second Sunday f6uen"" bm6nt is oncouraged; -13755 $\N 14th 6d.-,'Wesf Ken'dali;-_' $5 adults, $3 children 12 and under: .786:214.2- MM. COSURTESY NOTICE.'. CIrT OPOU'THMIAMI On Tuesddy; August 5, 2008; beginning at 7:30 in the City.Gornrnissjon'dha'm'6e� 6130 Sunset Driye, the City. Cornj�nlssk�n,will.fi6ld'Ou bliq,,-Headngs-tor'c6ntsl_ '-'t following item's; ar - AN ORDINANCE RELATING ' G T9 THE LAND DEVELOPMENT CODE;'gEMOVING =;:' FRONT TIiELAM9 DEVELOPMENT CODE SECTION 20 4,4(G) ENTCfLED . "JOINT, _USE SPACES VIA SPLCIAL PARkINO P DEVELOPMENT . 0 E S CTjqN 20 4 1 41- E) rz LEJ x. 0 o E M : PM LL Ile I MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays 141-1, 14-1 -Dade County, Flolda STATE OF FLORIDA COUNTY OF fdlAMl -DADS: 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 Adverisemant of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR AUGUST 19, 2DDB in the XXXX Court, was published in said newspaper in the issues of OB /DB /2DDB Affiant further says that the said Miami Daily Business Review is a newspaper published at Ivliamf 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 afftant 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 this ayW2rtisement ublication in the said newspaper. Sworn to and subscribed before me this day of S , A.D. 8 (SEAL) O.V. FERBEYRE personally known to me ;L:N�n � MARIAI,MESA idY COMMISSIDIJ S DD 750170 - ,< E>;PIRES: Mardi 4, 2012 i= �R.ri;'" Fa ^d"nmNuawryrmr.una"n,mms 10M M'm CITY OF SOUTH MIAMI NOTICE OF PUBLIC EIEAl ONG NOTICE 1S HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled forTuesday, August 19, 2DDB beginning at 7:30 -p.m. in the City Commission Chambers; 6130 Sunset Drive, to consider the following items.: - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED -OUTDOOR SEATiNGf DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT.-. IN ORDER TO AMEND THE REQUIRE - MlIE TS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS "; PROVIDING FOR SEVERABILITY; PROVIDING' FOR ORDINANCES IN :CONFLICT: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE Die THE MAYOR AND CITY COMMISSION OF.`THE CITY -OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI. LAND DEVELOPMENT CODE SECTION 2DAA (A) ENTITLED -OFF - STREET PARKING REQUIRE- , MENTS ". IN ORDER TO - MODIFY THE PROVISIONS ALLOWING.!'FOR= "ADJACENT ON- STREET PARKING SPACES -'TO, BE COUNTED AS. REQUIRED PARKING; _ 'REMOVING THE PROVISIONS 'ALLOWING FOR ON- STREET PARKING SPACES TO BE CREDITED TO OTHER NEARBY PROPER- " TIES; AND' PROVIDING FOR AN ANNUAL FEE TO- BE ASSESSED- FOR COUNTING ON- STREET SPACES AS REQUIRED., SPACES; PROVIDING FOR SEVERABILITY. ORDINANCES-'IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ' AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATNG-TO.RESIDENTIAL PARKING; AMENDIIJG THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99, ENTITLED CONTROLLED PARKING RESIDENTIALZONES: TO DESIGNATE THREE ADDITIONAL CONTROLLED PARKING RESIDENTIAL ZONES; PROVID- ING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND P.N EFFECTIVE DATE. t • AK ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 1, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT -WITH THE CITY'S CHARTER ARTICLE 11, • SECTIONS 5 B. AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILFFY, ORDINANCES IN CONFLICT, A14D AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMI, OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATII AMENDIIJG THE CITY'S CODE OF ORDINANCES CH/ 2. ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2. ORDER TO BRING THE CODE UP TO DATE, AND CONSISTENT WITH THE CITY'S CHARTER ARTIC SECTION 1; AND EDITING THE ORDINANCE TD -COF SCRIVENERS ERRORS; PROVIDING FOR SEVERAE ORDINANCES IN CONFLICT, AND AN EFFECTIVE DA7 AN ORDINANCE OF THE MAYOR AND CITY COMMI; OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATII AMENDING THE CITY'S CODE OF ORDINANCES CH/ 2, ARTICLE 111 "BOARDS AND COiAMISSIONS;" SECTI( •21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE DATE, AND TO BE CONSISTENT WITH THE I CHARTER ARTICLE 11, SECTION 8 C; AND EDITIN( ORDINANCE. TO CORRECT SCRIVENERS ERI PROVIDING FOR SEVERABILITY, ORDINANCE: CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMIE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATIh AMENDING THE CITY'S CODE OF ORDINANCES CHP 9, "ELECTIONS," SECTIONS 9-1, 9-1.1_9-2,9-3.6-6, S- AND 9 -1D, IN ORDER TO BRING THE CODE UP TO i AND TO BE CONSISTENT WITH THE CITY'S CHARTE TICLE V. AND WITH FLORIDA STATUTES CHAPTEI AND EDITING THE ORDINANCE TO CORRECT SCR ERS ERRORS; PROVIDING FOR SEVERAB ORDINANCES IN CONFLICT, AND AN EFFECTIVE DAT A RESOLUTION OF THE MAYOR AND CITY GDMMIE OF THE CITY OF SOUTH MIAMI, FLORIDA RELATII, THE ISSUANCE OF 'A CERTIFICATE OF APPROPF NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE DEVELOPMENT CODE TO PERMIT WALL SIGNAGE DESIGNATED HISTORIC COMMERCIAL BUII LOCATED AT 5712 SUNSET DRIVE (CROSSR BUILDING); PROVIDING AN EFFECTIVE DATE. If you have any inquiries on the above items please coma Clerk's office at: 305 - 663 -634D ALL interested parties are invited to attend and will be heard: Maria M. Menendez City Clerk Pursuant to Florida Statutes 286.0105, the City hereby a public Thal if a person decides to appeal any decision ma Board, Agency or Commission with respect to any matter col its meeting or hearing, he or she will need a record of the pr and that for such purpose, affected person may need to en verbatim record of the proceedings is made which record it lesiimony and evidence upon which The appeal is to be based. B18 0 13­3 -50. school Bully Buster Child Safety Pro- gram: Features self- defense tech- niques and avoidance strategies that help elementary age students under- stand the effects of bullying; 5:15 to 6:45 p.m. Monday; Anta's Fitness and. Self Defense,- 10721 NW 58th Doral; free. 305- 599 -36.49 or antak- ungfu.com. Team Metro Northwest 8xtends Hours: The operating hours for Team Metro Northwest Office are 9 a.m. to 7 p.m. on Tuesdays, cash is not. accepted for any transactions, fees must be paid with a check or money -TURN T® CALENDAR, 46 • COURTW NOTICE PITY OF SOUTH MIAMI; FLORIDA 4. On Tuesday, "August 19, 2008, beginning at 7:30 Pp., in. file City Commission Chambers, 613D.Sunset, Drive, ft 'C4 Commission Will hld Public. Hearings-to considerthe following hems: AN ORDINANCE RELATING TO A REQUEST TO AMEND LANK AND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING ! OR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES INTHE RO RESIDENTIAL OFFICE ZONING DISTRICT' IWORDEliTO AMEND THE REQUIREMENTS AND STANDARDS - APPLICABLE.' T0. OUTDOOR . SEATING' FOR , RESTAURANTS; DELETING, REPETITIVE SECTION "20 -7,29 ENTITLED_ "OUTDOOR SEATING/ DINING USES AND AREAS ". AN DRDINANCE AMENDING SOUTH MIAMI LAND DEVELOP.MENT.CODE SECTION •20: 4.4 (A) ENTITLED. "OFF - STREET PARKING REQUIREMENTS" IN ORDER TO MODIFY THE PROVISIONS ALLOWING_; FOR -ADJACENT ON- STREET PARKING SPACES TO: BE .COUNTED; AS �REQUIRED';PARKING; nnnnItC .inir Trio `rnnrnm nro o. .'%'.nv. " �E- 49MOM9 THE PROVISIONS = ALLOWING FOR ON- STREET: PARKING'•:SPACES T6' BE' CREOIIED -TO "''OTHER,�'NEARBY PROPERTIES;. PROVIDING FOR. AN ANNl1AL FEE TO. BE ASSESSED FOR •: COUNTING ON= STREET SPACES AS REOUIRED ,SPACES._;. =i AN- ORDINANCE AMENDING THE 50UTH MIAMI CODE OF:DRD(NANCES'BY".- ` AMENDING SECTION 15 -99, ENTITLED CONTROLLED ,PARKING RESIDENTIAL ZONES; TO- DESIGNATE THREE ADDITIONAL - CONTROLLED PARKING RESIDENTIAL ZONES. . AN ORDINANCE AMENDING THE CITY'S 'CODE OF ORDINANCES CHAPTER 2, 'ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k); IN. ORDER TO,BECONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTIONS 5 6, "AND . .6 B(3); AND_ EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE AMENDING THE CITY'S CODE, OF ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15,, IN ORDER TO BRING THE CODE UP TO DATE ;'AND TO BE.CONSISTENT WITH THE .CITY'S CHARTER ` ARTICLE • III,' SECTION. 1; AND EDITING THE ;ORDINANCE TO `.CORRECT SCRIVENERS'ERRDRS. . AN ORDINANCE AMENDING THE CITY'S CODE OF.DRDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSION$," SECTIONS 2- 21,.2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES. .CHAPTER 9, "ELECTIONS," SECTIONS 9 -1; 9 -1.1., 9 -2, 9-3, 9- 6,.9 -7, 9 -8; AND 9 -10, IN ORDER TO BRING THE CQDE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V.. AND WITH FLORIDA STATUTES CHAPTER •101; AND EDITING THE ORDINANCETO CORRECT-SCRIVENERS ERRORS-;":,- A, RESOLUTION. RELATING "TO THE ISSUANCE OF'A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19p p- OF THE LAND DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS" BUILDING). If you.have any inquiries on the above items please contact-the CiW Clerk's office' at:.305- 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC " Cify Clerk:.: Pursuant to Florida Siahites 286 .0105, fhe'Gty heretiy. advises the public that if a person decides to appeal any' decis'ion'made by 8�is.8oard, Agency'or Com riiss'ion wish respect to any matter cbnsideied at.irs meet ng o'r hearing, he or'she :will need a record of IDe proceedings, and that for such purpose, aftected.persori:miyn -ed to ensure that a veiim record of the proceedings is made which recbrd includes the tesfimdnyand evidence upon which the appeal is to be cased' 0 0 N H _. o .. UJ c. t— c. M CU E 0 E METRO & STATE C-z''3z CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 16, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the fallowing Items:' AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2.2.1 (B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT WITH THE CI Y'S CHARTER ARTICLE II, SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCETO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2 -1 O(d), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; . AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATINGTO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER'2, ARTICLE III "BOARDS AND COMMISSIONS,' SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS,' SECTIONS 9 -1, 9-11.11.,9-2,91,9-6,94, 9 -8,AND 9 -10, IN ORDER TO BRING' THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT 1 SCRIVENERS ERRORS. A ORDINANCE RELATING TO AMENDMENT OF 2007 -2008 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN EACH CiTY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER FOR i THE BUDGET YEAR ENDING SEPTEMBER 30, 2008, AND TO INCREASE THE CURRENT YEAR BUDGET FOR DEBT SERVICE AND CAPITAL IMPROVEMENTS.(GARAGE LOAN) NOT INCLUDED IN THE FINAL ADOPTED BUDGET, BUT INCURRED IN THE CURRENT YEAR; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS-20-4.5 (H), (1), (J), (K), (L), (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.12 EMTREDTREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND 'CRITERIA FOR REMOVAL; PROVIDING FOR TREE' MITGATIONAND PROTECTION, APPEALS, ENFORCEMW PENALTIES AND REMEDIES; PROVIDING FORA REPEAL PROVISIONANDA SEVFAABILTTY CLAUSE. AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED. AN ORDINANCE RELATING TO THE PERMIT FEEIFEE SCHEDULE; AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE; ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE. AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE)FOR CITY COMMISSION MEETINGS ",TO ALLOW FOR MEETING TIME LIMITS. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(8)(19) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED AT 5800 SW 73" STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT. ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. If you have any inquiries on the above items please contact the City Clerk's office at: 305 -663 -6340 ALL interested parties are invited to attend and will be heard. 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. 01 I SATURDAY, SEPTEMBER 6, 2008 1 5113', u..,,..,.. 1 ....... , ...,,..,,..,.,. ................ . ____ ...,..,,.�, relating to the Social and Economic Development Council • Ordinance amending Section 10 -33.02 of the Code of Miami -Dade County; pertaining to the Community Small Business Enterprise (CSBE) program for the purchase of construction services; providing for enforcement and penalties for failure to satisfy an approved CSBE make -up plan; amending Section 8cc of the Code of Miami -Dade County • Ordinance amending Ordinance No. 07 -129 to transfer eight percent local business tax revenues to the Beacon Council from the Office of Community and Economic Development; amending Section 8a -171.2 of the Code of Miami Dade County, Florida relating to local business tax • Ordinance amending Ordinance No. 07 -129. relating. to the transfer of eight percent local business tax revenues from Office of Community and Economic 'Development to Metro -Miami Action Plan Trust; providing such percentage. shall be allocated by the Beacon Council to, Metro -Miami Action Plan. Trust •.Resolution approving application of Excel Transportation, Inc. to modify Certificate of Transportation No. 123 to provide Jitney Service as a passenger motor carrier Transit Committee (TC) of Wednesday, September 10.2008, at 2:00 PM • Ordinance relating to seaport safety; amending Sections 28a -6.4 and 28a -6.6 of the Code of Miami -Dade County; requiring the Port Director to consider a stevedore applicant's work - related safety record in issuing stevedore licenses and permits; authorizing the Port Director to suspend or revoke stevedore .licenses and permits based on the stevedore's work - related safety record; .creating Section 28a -6.7; requiring stevedore license and permit holders to report. work-related accidents, injuries, deaths and regulatory actions to the Director • Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County', providing that consistent with state law parking charges maybe imposed on vehicles. displaying a disabled parking permit or license tag at-any County Airport or Seaport under specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law Airport and Tourism Committee (LTC) of Thursday; September 11, 2008, at 9:30 AN • Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County; providing that consistent with state law parking charges may be imposed'on vehicles displaying a disabled parking permit or license tag of any lCounty Airport or Seaport under specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law • Ordinance creating Aircraft Noise Abatement Advisory Board for Miami International Airport; providing membership, purpose, procedures, powers and duties • Ordinance creating Miami International Airport Neighborhood Relations Committee; providing purpose, membership, procedure, powers and duties; staff Health and Public Safety Committee (HPSC) of Thursday. September 11. 2008. at 2:00 PM • Ordinance pertaining to animals; creating Section 5 -21 and amending Section 8cc -10 of the Code of Miami =Dade County; regulating the tethering of dogs; providing authority for enforcement by civil penalty All interested-parties may appear and be heard at the time and place specified. 4 person who decides to appeal• any decision made' by any board, agency, or commission with respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. Miami -Dade County provides equal access and equal opportunity and does not discriminate on the basis of disability in its programs or services. For material in alternate format, a sign language interpreter or other accommodation, please call 305- 375 -3943. HARVEY RUVIN, CLERK KAY SULLIVAN, DEPUTY CLERK