81 ORDINANCE NO. ______ _
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3 An Ordinance of the City of South Miami, amending Section SA-4.1 titled
4 "Reserved", re-titling it as "Prohibited Commission Actions", and
5 prohibiting a commission member from making certain representations in
6 his or her official capacity.
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8 WHEREAS, the Commission desires to restrict any of its members from acting as a
9 representative of this body without the consent of the majority of the Commission; and
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11 WHEREAS, the Commission desires to prohibit any of its members from acting
12 independently in making or publishing statements or statistics as substantiated fact without staff
13 review; review by an independent consultant hired by the Commission; or with an endorsement
14 from the majority of the Commission.
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16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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19 Section 1: Section 8A-4.1 titled "Reserved" of the City of South Miami's Code of
20 Ordinances is hereby amended as follows:
21 "Sec. SA-4.1 -ReseRZOOProhibited Commission Actions
22 * * *
23 1. Every person included in the terms defined in paragraph (b) (1) "commission
24 members" is prohibited from acting as a representative of the Commission without the consent of
25 the majority other than for the purpose of presiding over ceremonial functions or civic
26 functions as an invited guest.
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28 2. Every person included in the terms defined in paragraph (b) (1) "commission
29 members" is prohibited from acting independently and in his or her official capacity, as a
30 commission member, in making or publishing statements or statistics as substantiated fact
31 without review and approval of City staff; review and approval by an independent consultant
32 hired by the commission; or without an endorsement from the majority of the commission.
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34 Section 2: Codification. The provisions of this ordinance shall become and be made
35 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
36 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
37 "ordinance" may be changed to "section" or other appropriate word.
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39 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
40 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
41 shall not affect the validity of the remaining portions of this ordinance.
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43 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
44 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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1 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
2 that give the appearance of being in conflict when the two ordinances can be harmonized or
3 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
4 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
5 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
6 to harmonize the two ordinances shall be repealed.
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8 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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10 PASSED AND ENACTED this __ day of ,2012.
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12 ATTEST: APPROVED:
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16 CITY CLERK MAYOR
17 1 st Reading
18 2nd Reading
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20 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
21 LANGUAGE, LEGALITY AND Mayor Stoddard:
22 EXECUTION THEREOF Vice Mayor Liebman:
23 Commissioner Newman:
24 Commissioner Harris:
25 Commissioner Welsh:
26 CITY ATTORNEY
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