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2 ORDINANCE NO. _____ _
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4 An Ordinance amending Article III, Section 12-56 titled "Administrative
5 procedures" of the City's Code of Ordinances to provide an administrative
6 procedure for the payment of the special and general counsel of the Health
7 Facilities Authority.
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9 WHEREAS, the City Commission created Chapter 12A of the Code of the City of South
10 Miami, entitled "City of South Miami Health Facilities Authority: by Ordinance No. 11-95-1584;
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12 WHEREAS, the City Commission has found the need for amending Article III, Section
13 12-56 titled "Administrative procedures" in order to provide an administrative procedure for the
14 payment of the special and general counsel of the Health Facilities Authority; and
15 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE
16 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
17 Section 1. Article III, Section 12-56 titled "Administrative procedures" of the City's
18 Code of Ordinances is hereby amended to read as follows:
19 "Sec. 12-56. -Administrative procedures.
20 The Authority may adopt administrative guidelines and procedures in connection with the
21 exercise of its powers hereunder, which shall become effective upon approval by the
22 Commission. Such guidelines and procedures shall only be amended by the Authority
23 with the approval of the Commission.
24 Until the Authority adopts administrative procedures which are approved by the
25 Commission, the following procedure shall be followed for the payment of all Authority
26 expenses:
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a. All expenses incurred in carrying out the provisions of this Article III Section 12,
and provided by vendors including but not limited to the expenses of special and
general counsel as well as accountants and other experts (hereinafter referred to as
"HF A V endors")shall be submitted to the City Attorney for review and approval. All
approved invoices shall be submitted by the City Attorney to the applicable Health
Facility or Health Facilities who received funding through the Authority.
b. Each Health Facility shall pay its prorated share of the expenses unless an expense is
attributable to a specific funding, in which case the Health Facility that benefited
from that funding shall pay all of those expenses. Payment made by a Health Facility
for a specific HF A Vendor invoice shall be made payable to the order of the City of
South Miami and deposited by the City into a separate Health Facilities Authority
account for later payment by the City to the applicable HF A Vendor.
c. Upon the clearance of the funds deposited for the invoice of the HF A Vendor, and as
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1 soon as reasonably possible, the City shall pay, with the funds provided by the Health
2 Facility, the invoice of the HF A Vendor."
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5 Section 2. Codification. The provisions of this ordinance shall become and be made
6 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
7 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
8 "ordinance" may be changed to "section" or other appropriate word.
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, 10 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
11 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
12 shall not affect the validity of the remaining portions of this ordinance.
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14 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
15 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
16 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
17 that give the appearance of being in conflict when the two ordinances can be harmonized or
18 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
19 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
20 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
21 to harmonize the two ordinances shall be repealed.
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23 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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25 PASSED AND ENACTED this __ day of , 2012.
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27 ATTEST: APPROVED:
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31 CITY CLERK MAYOR
32 1 st Reading
33 2nd Reading
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35 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
36 LANGUAGE, LEGALITY AND Mayor Stoddard:
37 EXECUTION THEREOF Vice Mayor Liebman:
38 Commissioner Newman:
39 Commissioner Harris:
40 Commissioner Welsh:
41 CITY ATTORNEY
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