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A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, appointing Michael Lax
as the Assistant City Attorney; and providing an
effective date.
Whereas Article II, Section 7 at Subsection A. provides for
the appointment of the Officers of the City which includes the
City Attorney and Assistant City Attorney whose office is
described in Subsection A.2; and
Whereas Section 7. A. 2.describes one of the offices of
the City as comprising "[a] City Attorney and such Assistant
City Attorneys as may be necessary who shall act as the legal
advisor for the municipality "; and
Whereas the Mayor and City Commission appointed Thomas F.
Pepe, Esq. as the City Attorney on May 3, 2011 pursuant to RFQ
NO FN -SM 2011 -03; and
Whereas Thomas F. Pepe, Esq.'s response to RFQ NO FN -SM
2011 -03 included a proposal to seek the appointment of Michael
H. Lax, Esq., as the Assistant City Attorney,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Michael H. Law, Esquire, is hereby appointed
as the Assistant City Attorney whose duties and compensation
shall be as set forth in the Charter and Ordinance 2 -4.1.
Section 2. This resolution shall become effective upon
adoption.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
2011.
APPROVED:
iu,_o.
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Page 1 of 1
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Sec. 2 -4.1. - Associate city attorney; office created; duty; compensation.
The office of associate city attorney of the City of South Miami is hereby created.
The associate city attorney shall act in place of the city attorney in his absence or
sickness, upon being advised by either the city attorney, mayor or city commission.
The associate city attorney shall draw no regular salary, but shall be paid for such city
attorney's duties as he performs in accordance with the salary provided for the city attorney by
the budget.
(Ord. No. 401, §§ 1-3,3-1-58)
Article II (Cont'd)
Section 7
2. A City Attorney and such Assistant City Attorneys as may be
necessary who shall act as the legal advisor for the
municipality and all of its officers in matters relating to
their official powers and duties. The City Attorney shall be a
lawyer of at least five years practice in the Courts of the
State of Florida immediately preceding the time of his or her
appointment. He or she shall prepare or review all ordinances,
resolutions, contracts, bonds and other written instruments in
which the municipality is concerned and shall endorse on each
his or her approval of the form, language and execution
thereof. When required by the Commission, he or she shall
prosecute and defend, for and in behalf of the City, all
complaints, suits, and controversies in which the City is a
party, before any Court or other legally constituted tribunal;
he or she shall render such opinions on legal matters
affecting the City as the Commission may direct; and he or she
shall perform such other professional
duties as may be required of him or her by Ordinance or
Resolution of the Commission or by this Charter.