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1 ORDINANCE NO. ______ _
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3 An Ordinance amending the Code of Ordinances of the City of South Miami,
4 Section 8A-4 titled "Influence of board members by mayor and
5 commissioners, appearance before boards" to repeal sub-section (b) which
6 currently prevents a Commission member from addressing a board or
7 committee without an invitation from a majority of the board or committee.
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9 WHEREAS, the Government in the Sunshine law only prohibits discussion among
10 members of the same boards that does not take place at a public meeting; and
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12 WHEREAS, decisions of other boards and committees are generally not binding on the
13 City Commission; and
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15 WHEREAS, there may not be that many people who are active followers of events in the
16 City and who are not members of one board or another; and
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18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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21 Section 1: Section 8A-4 of the City of South Miami's Code of Ordinances is hereby
22 amended as follows:
23 "Sec. 8A-4 -Influence of board members by mayor and commissioners, appearance
24 before boards
25 The mayor and commissioners of the city are hereby prohibited from:
26 (a) Attempting directly or indirectly to influence the decision or official act of
27 any member of any board of the city;
28 (b) Appearing before any such board except upon invitation ofa majority of the
29 members of such board; provided, however, that if the mayor or a commissioner
30 shall appear before such board vv'ithout invitation, he shall be presumed to hWle a
31 financial or personal interest in any matter vmich he shall hW/e advocated or
32 espoused before the board and shall be disqualified to vote thereon in his official
33 capacity. "
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36 Section 2: Codification. The provisions of this ordinance shall become and be made
37 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
38 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
39 "ordinance" may be changed to "section" or other appropriate word.
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
3 shall not affect the validity of the remaining portions of this ordinance.
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5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
6 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
7 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
8 that give the appearance of being in conflict when the two ordinances can be harmonized or
9 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
10 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
11 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
12 to harmonize the two ordinances shall be repealed.
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14 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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16 PASSED AND ENACTED this __ day of ,2012.
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18 ATTEST: APPROVED:
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22 CITY CLERK MAYOR
23 1 st Reading
24 2nd Reading
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26 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
27 LANGUAGE, LEGALITY AND Mayor Stoddard:
28 EXECUTION THEREOF Vice Mayor Liebman:
29 Commissioner Newman:
30 Commissioner Harris:
31 Commissioner Welsh:
32 CITY ATTORNEY
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