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08-05-861. OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 SUNSET DRIVE REGULAR CITY COMMISSION MEETING AUGUST 5TH,1986 7:30 P.M. Next Resolution:72-86-6042 ^^h Next Ordinance:7-86-1252 \-ut"5 NextCommission Meeting:8/19/86 A.Invocation B.Pledge of Allegiance to the Flag of the United States of America C.Items for Commission Consideration: 1.Approval of minutes of July 22nd,1986,regular City Commission meeting 2-a^DesignttionTofficer for month of June -Thomas Chaney 3.City Attorney's Report: aReport-nightclubs/hours of operationb.Report -Dr.Genovese/Dr.Alan Robert building application ORDINANCES -SECOND READING AND PUBLIC HEARING:C^fffo .jjg 4. 5. effective date. 6. RESOLUTIONS: 7. 8. 9. (City Attorney) al areasioWi accordance with Ordinance No.2-86-1247;providing for inclusion into the CityCode;providing severability;providing all ordinances or parts of ordinancesinconflictberepealedandprovidinganeffect^date.I An Ordinance repealing Ordinance No.5-86-1250 which1 amended Chapter 16/of thecSdetoprovidllimitationontheauthorityofthePensionBoardstocontractforaterminexcessofoneyear,a prohibition of the authority of the BoardstocontactforsupportservicesfurnishedbytheCitywithoutapprovaloftheC°tv Commission and authorizing the Board to provide by regulation for anoffsetwains?workman compensation settlement by appropriate rule;providingforaseverabilityclauseforprovisionsoftheCodeorofOrdinancesandan providing n(*-$(>-C>oi4lfi A Resolution appointing Neil Carver as a citizen elector of the City of South Miami Pension Board to serve in such capacity until March 1st,1988,or until a successor is duly appointed and qualified,to ™}*1™^*\*™J% Joe Free. 'obtain bona fideAResolutionauthorizingtheCityManagertoadvertise"for andallcashofferstogetherwith1056earnestmoney,from all prospective purchaserseretedTnpurchasingorleasingalloranypartofthelandownedbytheCityofSouthMiami,Florida,being 9.7 acres,M/L,lying 1n the N.W.1/4 of wtinn pT-54-40 located at S.W.75th Avenue and S.W.49th Street,Miami,nor da which portion is not presently used by the City of South Miami PublicW^rSepartmen?;such offers may be rejected ^g^AS^^L^ AResolution instructing the City Attorney to amendMe ^Pf^SortSillSOrdinanceoftheCityofSouthMiamitocomplywiththeLadeCountyOrdinance. 1^-^ I $ ..ii!.; ^%• ,.-/ CITYOFSOUTH MIAMI REGULAR CITY COMMISSION MEETING AUGUST 5TH,1986 PAGE 2 10.An Ordinance amending Section 9-3 of Chapter 9 of the South Miami Code ofOrdinancesbydesignatingtwo(2)additional polling places for all generalandsoecillelectionsfortheCityofSouthMiamias:American Legion Hall,S nul.Sl^irLenue and Ho'pe Luthern Church 6330 Bird oad and by rhancrina the Dolling place now designated in Section 9-3 of Chapter y to tneSgW&'&J'Ar.Station,6130 Sunset ^ive^South^ia^Flonda. REMARKS: Lee Borowsky and Andrea Borowsky,owners of Home Sales,Landee,Inc.,to appeal Notice of Violation dated Oune 12th,1986. TABLED AND/OR DEFERRED: none MrvrtrF IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD DEC K TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS AGENDA CONSTITUTES NOTICE,SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS CONDUCTED AT SUCH MEET NG AND FOR SUCH PURPOSE MAY NEEO TO ENSURE THAT A VERBATIMRECORDOFTHE PROCEEDINGS IS MADE.WHICH RECORDS INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ORDINANCE NO AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,AMENDINGSUBSECTION (a)OFSECTION 16-20OF CHAPTER 16OFTHE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,FLORIDA;TO RETURN THE MAYOR TO THE PENSION BOARD AS CHAIRMAN AND TO ELIMINATE THE ADDITIONAL EMPLOYEE ELECTED BYA MAJORITY OF ACTIVE EMPLOYEES WHO WAS PLACED IN THE MAYOR'S STEAD IN ACCORDANCE WITH ORDINANCE NO.2-86-1247;PROVIDING FOR INCLUSION INTO THE CITY CODE;PROVIDING SEVERABILITY; PROVIDING ALL ORDINANCES ORPARTSOF ORDINANCES IN CONFLICT BE REPEALED AND PROVIDING AN EFFECTIVE DATE. BEIT ORDAINED BYTHEMAYORANDTHECITYCOMMISSIONOF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That Subsection (a)ofSection16-20ofChapter 16 of the Code of Ordinances be and the same is hereby amended, to-wit: (a)The Pension Board shall be composed of five (5)members consisting of the Mayor,one active employee of the City and two citizen electors of the City,all to be appointed by the City Commission and,one active employee of the City elected by a majority of the active employees of the City as defined in Section 16-20 of Chapter 16 of the South Miami Code Ordinances. No pension board member shall receive any compensation or emolument for services on the Pension Board. Withthe exception of the Mayor,theBoard members shalleachserveforaperiodoftwo years,oruntil their successors areappointed,which appointment shallbeevidencedbyan acceptance inwritingof such appointment.The Mayor and Commission shall serve asan Interim Pension Board until appointment and qualification of the Board as provided herein, exercising all duties and perogatives ofsaid Board, provided that,the Board shall be appointed and qualified within thirty (30)days fromthe date of this Ordinance.A member of the Pension Board may resign by delivering his written resignation to the City Clerk and such resignation shall become effective upon its delivery or at a later date specified therein. If,at any time there should be a vacancy in the membership of the Board,provided there are not less than three members,the Board shall continue to act until such vacancy is filled as provided above. Section 2.If the state laws with respect to pension plans and pension boards are at any time,amended so that the Pension Board as composed herein shall require a recomposition in order to be lawfully constituted,the members of the Pension Board shall resign 15 days prior to the effective date of such new law and a new Board shall be constituted in accordance with such new laws and this ordinance shall be amended to conform to the new laws. Section 3.If any section,sentence,clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way effect the validity of the remaining portions of this ordinance. Section 4.It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the South Miami City Code;and that the sections of this ordinance may be renumbered or relettered and the word "ordinance"may be changed to "section","article"or such other appropriate word or phrase in order to accomplish such intentions. Section 5.This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED THIS dayof r 1986. APPROVED: MAYOR ATTEST: CITY CLERK FIRST READING .Inly ??ndf IQftfi PUBLICATION July 25thT 1Q86 PUBLIC HEARING SECONDHEARING Aug"**"fithr 1Q86 PASSED AND ADOPTED, APPROVED AS TO FORM ORDINANCE NO.2-86-1247 AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA, AMENDING SUBSECTION Ca)OF SECTION 16-20 OF CHAPTER 16,OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,FLORIDA,BY CHANGING COMPOSITION OF MEMBERSHIP OF THE PENSION BOARD TO ELIMINATE MAYOR ANDADD IN HIS STEAD ONE ADDITIONAL EMPLOYEE ELECTED BY A MAJORITY OF THE ACTIVE EMPLOYEES DEFINED IN SECTION 16-12 OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI;PROVIDING FOR INCLUSION INTO THE CITY CODE;PROVIDING SEVERABILITY;PROVIDING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT BE REPEALED AND PROVIDING ANEFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That subsection (a)of Section 16-20 of Chapter 16 of the Code of Ordinances be,and the same is hereby amended,to-wit: (a)The Pension Board shall be composed of five (5)members consisting of two (2)active employees of the City and two (2)citizen electors of the City,all to be appointed by the City Commission and one (1)active employee of the City elected by a majority of the active employees of the City as defined in Section 16-12 of Chapter 16 of the South Miami Code of Ordinances. The Board members shall eaoh serve for a period of two (2) yearsi or until their successors are appointed,which appointment shall be evidenced by an acceptance In writing of such appointment.A member of the Pension Board may resign by delivering his written resignation to the City Clerk and such resignation shall become effective upon its delivery or at a later date specified therein. If,at any time,there should be a vacancy in the membership of the Board,provided there are not less than three (3) members,shall continue to act until such vacancy is filled as provided above. Section 2.If any section,sentence,clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way effect'the validity of the remaining portions of this ordinance. Section 3.It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the South Miami City Code;and that the sections of this ordinance may be renumbered or relettered and the word 'ordinance'may be changed to 'section','article'or such other appropriate word or phrase in order to accomplish such intentions. Section 4.A1!ordinances or parts of ordinances in conflict herewith be and the same is hereby repealed. Section 5.This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 4th day of February ATTEST: ^^jy^o^- APPROVEDASTOFORM: ~~^Cn|Y ATTORNEY Tf Passed on 1st Reading:1/21/86 Passed on 2nd Reading:2/04/86 -2- APPROVED: bA, OR ,1986. ORDINANCE NO AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI REPEALING ORDINANCE NO 5-86-1250 WHICH AMENDED CHAPTER 16 OF THE CODE TO PROVIDE A LIMITATION ON THE AUTHORITY OF THE PENSION BOARDS TO CONTRACT FOR A TERM IN EXCESS OF ONE YEAR,A PROHIBITION OF THE AUTHORITY OF THE BOARDS TO CONTRACT FOR SUPPORT SERVICES FURNISHED BY THE CITY WITHOUT APPROVAL OF THE CITY COMMISSION AND AUTHORIZING THE BOARD TO PROVIDE BY REGULATION FOR AN OFFSET AGAINST WORKMAN COMPENSATION SETTLEMENT BY APPROPRIATE RULE;PROVIDING FOR A SEVERABILITY CLAUSE FOR PROVISIONS OF THE CODE OR OF ORDINANCES AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,DADE COUNTY,STATE OF FLORIDA,as follows: Section 1.That Ordinance No.5-86-1250 which provided for an amendment of Chapter 16 of the Code of the City of South Miami to add the following sections: Sec.16-49.LIMITATIONS UPON MULTI-YEAR CONTRACT Anv Board nrft«i-.ad by the City for the administration^l^^tv Pension Plan stlall be prohibited from entering TnTTT—T contract in excess ot one (1)year without the Tltlfication and approval of such action by the City Commission inthe form of an ordinance. Sec.16-50.LIMITATION UPON SUPPORT SERVICES OF BOARD Anv Board created to administer the pension plans of the r"L of South Miami shall be prohibited from using funds £pThl pension trust to purchase support services whijg gfn-^supplied by the Citv,unless such action is approved b^The Citv Commission through the adoption of an ordinance. Sec 16-51.ttnapn MAY PROVIDE FOR SETOFF AGAINST DISABILITYSec.10 Pi.pENSIQN pQR W0RKMAN COMPENSATION SETTLEMENT? Any Board created to administer pension funds under this ^ntnt^r shall be authorized to provide tor setoffs of the SFof a workman compensation settlement received byfg^-im-plovee claiming disability retirement by rule ojTS^T^tion adopted by such Board and approved by the cTtj Commission by Resolution. beandthe same is hereby repealed. Section 2.All ordinances or parts of ordinances in conflict with this repeal herewith be and the same are hereby repealed. Section 3.This ordinance shall take effect immediately at the time of its passage. PASSEDANDADOPTEDTHIS dayof 1986. APPROVED: ATTEST: CITY CLERK FIRST READING July 22nd,1986 PUBLICATION July25th,1986 PUBLIC HEARING SECONDHEARING August 5th.1986 PASSED AND ADOPTED APPROVED AS TO FORM __ MAYOR ORDINANCE NO._518611250___ AN ORDINANCE OFTHE MAYOR AND COMMISSIONOFTHE CITY OFSOUTH MIAMI AMENDING CHAPTER 16 OFTHE CODETOPROVIDEA LIMITATION ONTHE AUTHORITYOFTHE PENSION BOARDS TO CONTRACTFORATERM IN EXCESSOFONE YEAR,A PROHIBITION ON THE AUTHORITY OFTHE BOARDS TOCONTRACTFOR SUP PORT SERVICES FURNISHED BY THE CITY WITHOUT APPROVAL OFTHE CITY COMMIS SION AND AUTHORIZING THEBOARDTO PROVIDE BY REGULATION FORAN OFFSET AGAINST WORKMAN COMPENSATION SETTLE MENTBY APPROPRIATE RULE;PROVIDING FORA SEVERABLILITY CLAUSE FOR CODI FICATION,REPEALOF CONFLICTING PRO VISIONS OFTHECODEOROF ORDINANCES AND AN EFFECTIVE DATE. BE IT ORDAINED LY THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI,DadeCounty,State of Florida,as follows: Section 1.That Chapter 16of the Codeof the city ofSouth Miami beand is hereby amended by adding thereto the following new sections: ggf^16-49.LIMITATIONS UPON MULTI-YEAR CONTRACT Any Board createdby^he_coty_for _the administra- tfon of^ej:ity^enslc^J^n_s^ entering into_a ^contract in excess_of__one_(1)year without the ratification and a£proyal of such action by_ the City_Com mission in ^e^rm^o^anj^r^^ajice; Sec.16^50.LIMITATION UPON SUPPORT SERVICESOF BOARD _ Any board created to administer the pension plans of the City_ofJ&uthJtoamj^a:y^ usin<r~funds of_the pension trust to purchase support ^r^T*wjngh^an_ba suppliedby the city,unless such agtign_is_approved by^e_City_jCommission through the adoption of an ordinance. Sec 16-51.BOARD MAY PROVIDE FOR SETOFF AGAINST —'DISABILITY PENSIONFOR WORKMAN COMPEN^_ SATION SETTLEMENT. Any Board createdtoadministerpensionfunds under ""this ch a pterin all_be authorized to provide_for_ setoffs of the_j^oj3nt_of_.a_workman compensation settle-__ ment received byan employee claiming disability retire- meht by.rnj^lQLJ:ecTulation ad°Pted bv suCh—g°-ar^—BB§approved by_thej3itv__Commission by Resolution. Section2.If anyportionof this ordinance is held invalid by acourt of competent jurisdiction,such invalidity shall not effect the remaining portions of this ordinance. Section3.It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall beincorporatedintothe Code ofthe City of South Miami,andto effect such intention the word "ordinance"maybe changed to halltakeeffectimmediatelySection__3JL This ordinance s atthe time ofits passage. PASSEDANDADOPTED THIS 1986. ATTEST: CITY CLERK FIRST READING __ PU BL1CATION PUBLIC HEARING^ SECOND HEARINGJ PASSED AND ADOPTED^ APPROVED ASTO FORM dayof _ APPROVED: MAYOR aw ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA;TOn^Tf-NA^E CONTROLLED PARKING RESIDENTIAL AREAS;PROVIDINGDESIGNATECONTROLLED™*ESTABLISHING CONTROLLED PARKING ^imiNTIAL AReL-PROVIDING PROCEDURE FOR DETERMINING CONTROLLED »!!1?m^dpctovStTAL AREAS-PROVIDING ISSUANCE OF SPECIAL PARKINGX»UPON 'APPLICATION?'PROVING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITYOFSOUTH MIAMI,FLORIDA: Section 1.The City Commission hereby finds and declares that it is in the best interest of the residents of the City to reduce vehicular congestion on residential streets and to facili tate the efficient movement of traffic by providing for residen tial parking preference during certain hours of the day within certain areas meeting the criteria hereinafter set forth;that residential permit parking regulation is necessary to promote the health,safety and welfare of the residents of the City by providing adequate parking spaces adjacent to or close by their places of residence;that itisin the public interest to reduce hazardous traffic conditions resulting from the use of streets located within congested residential areas for the parking of vehicles by persons using such residential areas to gain access to other places;to protect those areas from excessive noise;to protect the residents of those areas from unreasonable burdens in gaining access to their residences;to preserve the character of those areas as residential districts;to promote efficiency in the maintenance of these streets in a clean and safe condition; to preserve the value of the property in those areas;to preserve the safety of children and other pedestrians and to promote traf fic safety,clean airand the comfort,health,convenience and welfare of the inhabitants of the City. Whenever in this division the words hereinafter defined are used they shall,unless the context requires otherwise,be deemed to have the following meanings: nommuter vehicle means a motor vehicle parked in a residen tial area by a person who is not a resident of the designated residential area. controlled p^na residential area means a contiguous or nearly contiguous area containing streets or parts thereof pri marily abutted by property which has a specific residential zone designation on the official zoning map of the City and which is designated for restricted residential parking by the City Manager,or his designee,pursuant to criteria and procedures es tablished herein. Fiscal Year means the period beginning and ending of the following year. Resident means a person who owns or leases real property within a residential area and who maintains either a voting resi dence or bona fide occupancy,or both,at that address. Residential parking permit means a special permit issued hereunder for the privilege of parking on a street designated as a "controlled parking residential area." Section 2.Upon approval of the City manager,and after fol lowing the procedures hereinafter set forth,the director of the traffic engineering department,through his authorized represen tative in the police department,is hereby authorized to desig nate "controlled parking residential area"by appropriate signs and the recording thereof on an appropriate City map or plat in which the parking of vehicles may be restricted on public streets at certain times during the day only to vehicles bearing a valid residential parking permit issued pursuant to the terms of this division.This authority shall be in addition to any other authority of the City to regulate the times and conditions of motor vehicle parking on public streets. Section 3.Eligibility and criteria for establishing con trolled parking residential areas is hereby set forth: (a)A residentially zoned area shall be deemed eligible for designation as a controlled parking residential area for residential permit parking if,parking therein is im pacted by commuter vehicles between 8:00 a.m.and 5:30 p.m.ofanyday. (b)In determining whether an area identified as impacted and eligible for residential permit parking shall be designated as a controlled parking residential area,the following factors shall be considered. (1)The local needs with respect to clean air and en vironment inresidentalareas. (2)The possibility of a reduction in total vehicle miles driven intheCity. (3)The likelihood of alleviating traffic congestion, illegal parking and related health and safety hazards. (4)The proximity of public transportation to the resi dential area. (5)The desire and need of the residents for residen tialpermit parking. (6)The need for parking regulation to maintain the residential character of neighborhoods. Section 4.Procedure for determining controlled parking residential areas is hereby set forth: (a)In order to determine whether a particular area should be designated as a controlled parking residential area, the City Commission can request,or the City manager may conduct,upon his own initiative or upon a petition of a majority of the households on a proposed residential block addressed to the City manager,a study to deter mine if the proposed area meets the criteria set forth above.Following the study,the City manager shall determine whether to designate the proposed area under consideration as a controlled parking residential area or to remove the designation in the case of a previously established controlled parking residential area.The City Commission may also request the City manager to designate an area as a controlled parking residential area based upon a study previously conducted,if the criteria set forth above are met. (b)When the City manager finds the criteria to designate have been met in a controlled parking residential area, he shall cause the regulation to be recorded upon an ap propriate map of the City and retained permanently in the office of the City clerk.In addition,the City manager shall cause parking signs to be erected upon public streets in the area,indicating the times,loca tions and conditions upon which parking shall beby per mit only.When an area has been approved,designated and posted as a controlled parking residential area,it shall be unlawful and a violation of this division to park a commuter vehicle in an area restricted to decal parking only without having a valid residential parking permit affixed on the left rear bumper of the vehicle. Section 5.Issuance of special parking permits upon applica tion is hereby setforth: (a)Following the official designation of a controlled park ing residential area,the City shall issue appropriate residential parking permits to qualifying applicants. Upon application a permit shall be issued only to the owner or operator of a motor vehicle who resides in the controlled parking residential area in which he resides. (b)The application for a permit shall contain the name of the owner or operator of the motor vehicle,residential address,the motor vehicle's make,model and registra tion number.The motor vehicle's registration may,at the discretion of the Finance Dept.,be required to be presented at the time of making said application in or der to verify the contents thereof.In the event the vehicle is registered at an address other than the local residence,the applicant shall provide other sufficient proof,acceptable to the department of management show ing residency within the controlled residential parking area.The permit shall be valid for a "fiscal year"as hereinabove defined and shall be renewed for each suc cessive fiscal year.After the initial permit has been issued,any renewal thereof shall be affixed to the vehicle no later than the applicable current fiscal year. Section 6.Privileges and restrictions on residential park ing permits is hereby set forth: (a)The holder of a residential parking permit shall be per mitted to stand or park a motor vehicle displaying the permit and operated by him/her in the designated resi dential controlled parking area during such times and places as the parking of motor vehicles therein is permitted.While a vehicle for which a residential parking permit has been issued is so parked,such permit shall be permanently affixed on the left rear bumper of the vehicle.A residential parking permit shall not guarantee or reserve to the holder of same a parking space within a designated controlled parking residential area. (b)A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping,standing or parking a motor vehicle is prohibited or set aside for specific types of vehicles,nor exempt the holder from the observance of any traffic regulation within the con trolled parking residential area. (c)No person other than the permittee named thereon shall use the residential parking permit or display it on a vehicle operated or parked,andany such use or display by a person other than the permittee shall constitute a violation of this article'by the permittee and by the person who so used or displayed such parking permit. (d)It shall constitute a violation of this division for any person to falsely represent himself as eligible for a residential parking permit or to furnish any false in formation in an application to the Finance Dept.,in or der to obtain a residential parking permit. (e)The Finance Dept.is authorized to revoke the residen tial parking permit of any permittee found to be in vi olation of this division and,upon written notification thereof,the permittee shall surrender such permit to the City manager.Failure,when so requested,to sur render a residential parking permit so revoked shall constitute a violation of this division. (f)Any permit issued hereunder is nontransferable to another person or another vehicle. (g)The Finance Department is authorized to make provision for the issuance of temporary parking permits to bona fide visitors of residents of a designated controlled parking residential area. Section 7./A fee^hall be ^mposed for/the issuance of the temporary permij/in an amLnt approved by the cVy^mi^s^ion to recover costs rllat^d to thV^arking W^am. Whoever violates the provisions of this division shall be penalized pursuant to the provisions of this Code relating to vi olation of municipal ordinances and persons illegally parked pur suant to the terms of this division shall be fined in the manner presently provided in the City for illegal parking and their vehicles may be towed and stored at their expense. Section 8.If any section,sentence,clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way effect the validity of the remaining portions of this ordinance. Section 9.It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the South Miami City Code;and that the sections of this ordi nance may be renumbered or relettered and the word "ordinance" may be changed to "section","article"or such other appropriate word or phrase in order to accomplish such intentions. Section 10.This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 1986 APPROVED: ATTEST: CITY CLERK FIRST READING .li^y ??nd-I986 PUBLICATION July ?5trh.1986 PUBLIC HEARING AMQ'K*5th.I986 SECOND READING 4l1H,Hfrt 5th-1986 PASSED AND ADOPTED APPROVED AS TO FORM CITY ATTORNEY 27383.,0:V4 3595:38 07/29/86 MAYOR RESOLUTION NO. A RESOLUTION OFTHEMAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA,APPOINTING NEIL CARVER ASACITIZEN ELECTOR OFTHECITY OF SOUTHMIAMIPENSIONBOARDTOSERVEINSUCH CAPACITY UNTIL MARCH 1ST,1988,OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED TO FILLTHE UNEXPIRED TERM OFJOEFREE. WHEREAS,Joe Free,citizen elector to the Pension Board, appointed by Resolution No.39-86-6009,has resigned from that Board and a vacancy now exists; BEIT RESOLVED BYTHEMAYORANDTHECITY COMMISSION OF THE CITY OFSOUTH MIAMI,FLORIDA: Section 1.That Neil Carver be and is hereby appointed as a citizen elector of the City of South Miami Pension Board to serve in such capacity until March 1st,1988,or until a successor is duly appointed and qualified; to fill the unexpired terra of Joe Free. PASSED AND ADOPTED this day of ,1986. APPROVED: ATTEST: MAYOR CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI,FLORIDA, AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR AND OBTAIN BONA FIDE ALL CASH OFFERS,TOGETHER WITH 10%EARNEST MONEY,FROM ALL PROSPECTIVE PURCHASERS INTERESTED IN PURCHASING OR LEASING ALL OR ANY PART OF THE LAND OWNED BY THE CITY OF SOUTH MIAMI,FLORIDA, BEING 9.T ACRES,M/L,LYING IN THE N.W.1/4 OF. SECTION 23-54-40 LOCATED AT S.W.75TH AVENUE AND S W 49TH STREET,MIAMI,FLORIDA,WHICH PORTION IS NOT*PRESENTLY USED BY THE CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT;SUCH OFFERS MAY BE REJECTED BY THE CITY COMMISSION. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That the City Manager be and is hereby authorized to advertise for and obtain bona fide all cash offers,together with 10%earnest money from all prospective purchasers interested in purchasing or leasing all or any part of the land owned by the City of South Miami,Florida,being 9.7 acres, M/L,lying in the N.W.1/4 of Section 23-54-40 located at S.W.75th Avenue and S.W.49th Street,Miami,Florida,which portion is not presently used by the City of South Miami Public Works Department. Section 2.Such offers may be rejected by the City Commission APPROVED: "MAYOR" ATTEST: CITY CLERK RESOLUTION NO. A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,INSTRUCTING THECITY ATTORNEY TOAMENDTHE HISTORIC PRESERVATION ORDINANCE OFTHE CITY OF SOUTH MIAMI TO COMPLY WITHTHE DADE COUNTY ORDINANCE. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That the City Attorney be and is hereby instructed to amend the Historic Preservation Ordinance of the City of South Miami,Florida,to comply with the Dade County Ordinance. PASSED AND ADOPTED this day of ,1986, APPROVED: ATTEST: MAYOR CITY CLERK / / ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA AMENDING SECTION 9-3 OF CHAPTER 9OF THE SOUTH MIAMI CODE OF ORDINANCES BY DESIGNATING TWO (2) ADDITIONAL POLLING PLACES FOR ALL GENERAL AND SPECIAL ELECTIONS FOR THE CITY OF SOUTH MIAMI AS: AMERICAN LEGION HALL #31,7710 S.W.59TH AVENUE AND HOPE LUTHERN CHURCH,6330 BIRD ROAD,AND BY CHANGING THE POLLING PLACE NOW DESIGNATED IN SECTION 9-3OF CHAPTER 9TOTHE CITY OF SOUTH MIAMI FIRE STATION,6130 SUNSET DRIVE,SOUTH MIAMI,FLORIDA. WHEREAS,the number of registered voters in the City of South Miami, Florida,has increased significantly to have designated more than one polling place for all general and special elections in the City of South Miami;and WHEREAS,the original designation of a polling place for all general and special elections in the City of South Miami,Florida,was the Community Building,6150 Sunset Drive,and that building is no longer used for that purpose;and WHEREAS,the polling place,designated by ordinance prior to each general orispecial election,as required by Section 2,subsection A.of Chapter Vof the City Charter has been City of South Miami Fire-Station, 6130 Sunset Drive,South Miami and it is for clarification and uniformity this should be so designated in Section 9-3 of Chapter 9 of the South Miami Code of Ordinances; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THECITYOFSOUTH MIAMI,FLORIDA: Section 1.That Section 9-3 of Chapter 9of the Code of Ordinances of the City of South Miami,Florida,be and the same is hereby amended to designate two (2)additional polling places for all general and special elections for the City of South Miami,as follows: American Legion Hall #31 7710S.W.59th Avenue South Miami,Florida Hope Lutheran Church 6330 Bird Road South Miami,Florida Section 2.That Section 9-3 of Chapter 9 of the Code of Ordinances of the City of South Miami,Florida,be and is hereby further amended to change polling place previously designated to the polling place currently used: South Miami FireStation 6130 Sunset Drive South Miami,Florida in the interest of clarification and uniformity. PASSED AND ADOPTED this ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Passed on 1st Reading: Publication date: Public Hearing date: Passed on2nd Reading: dayof ,1986, APPROVED: MAYOR -2- 1 t y©\MJ 6144 S.Dixie Highway •S.Miami.Florida 33143 •(305)667-5565 Cityof South Miami,Mayorand Commissioners 6130 Sunset Drive South Miami,Florida 33143 DearMayorand Commissioners, OnJune 12,1986,ourcompanywasservedwitha NoticeOfViolation,Section8-4-3. Atthistimewerespectfullyrequesttobeplaced ontheagendaoftheCityCommissionmeetingAugust 5,1986 Wewouldliketoadressthe Commissioners regardingthe aboveNoticeofViolationandanyothersectionsorspecial exceptions we might bein violation of. Thanking youin advance foryour consideration. Sincerely, July 7,1986 marea borowsky Owner,Home Sales" Landee,Iinoc. Lee Borowsky Owner,Home Sales Landee Inc. Glass •Window Repairs •Parts•Screens•ScreenRepair•PetDoors•WindowGuards