8TO:
CC:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Hon. Mayor, Vice Mayor
and Commissioners
Maria M. Menendez, City Clerk
Date: December 18, 2012
FROM: Thomas F. Pepe, City Attorney
Agenda Item # _,~_. __
Subject: Ordinance amending Section 2-2.1 (C)
We are furthering recommending the additional language to be incorporated in the
attached ordinance:
(1) Add-ons: No business shall be conducted at a speelal or regular meeting
that is not reflected in the Official Agenda unless the Official Agenda i
amended or supplemented to reflect additional business ("Add-on Items") to
be conducted at said meeting: ("Add-on Ag:enda") and unless the Add-on
Agenda is posted and deli ered to the City Commission. The Add-on Agenda
item(s) must be delivered to the City Clerk no la ter than 4:00 p.m. on the dav
of the meeting. and it must be posted on the City s website no later than 5:00
p.m., and. at substantially the same time. it shall be forwarded to the members
of the City Commission before the commencement of the relevant me ting
electronically or by any comparable means. The City Clerk is further directed
to make said add-on item(s) availab le to the public at the entrance to the
Conunis ion Chambers immediately beD re and during the ommission
meeting . The City Clerk shall , after the IOU is called at aey--.each Commission
meeting, read into the record of-soob Commission the meeting the tiUe of~
any proposed add-on item(s) sought to be placed on4:he that agenda. Nothing
herein shal l affect the requirement that any add-on item can only be placed on
the agenda by the approval of the majority vote of the C ity Comnli sion.
REMARKS:
1) The reason for recommending striking " ... special or ... " on the first line IS
because it is in conflict with the city charter.
Commission Meeting 12-18-12
Page 1 of2
Ord. amending Sec. 2-2.1 (C)
2) The reason for the additional recommended language to be incorporated into the
ordinance (" ... ilem (s) mus t be deli ver ed 10 th e City lerk no lat~r them 4:00
p . m ... > ) is to provide the Clerk with a reasonable amount of time to prepare the
item(s) to be posted online and to post them no later than 5:00 p.m. on the day of
the meeting.
w:\my documents\resolutions\ordinance memo. add-on items.doc
Page 2 of2
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 2-2.1 (C), titled "Rules of procedure of city
4 commission: Agenda" of the City's Code of Ordinances to establish a
5 procedure for advanced notice of add-on item(s) on the Official Agenda and
6 repealing Resolution 61-10-13095.
7
8 WHEREAS, the City Commission created Section 2-2.1 (C) of the Code of the City of
9 South Miami, entitled "Rules of procedure of city commission: Agenda"; and
10 WHEREAS, the City Commission has found the need for amending Section 2-2.1 (C)
11 titled "Rules of procedure of city commission: Agenda" in order to establish a procedure for
12 advanced notice of last minute adding of items onto the Official Agenda and to provide an
13 effective date.
14 WHEREAS, the City, by Resolution 61-10-13095 created a Temporary Procedural Rule
15 governing add-on agenda items;
16 WHEREAS, the City Commission desires to codify the Temporary Procedureal Rule set
17 forth in Resolution 61-10-13095;
18 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE
19 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
20 Section 1. Section 2-2.1 (C) titled "Rules of procedure of city commission: Agenda" of
21 the City'S Code of Ordinances is hereby amended to read as follows:
22 "Sec. 2-2.1. -Rules of procedure of city commission.
23
24
* * *
25 AGENDA. There shall be an Oefficial Aagenda for every meeting of the Ceommission
26 which shall determine the order of business conducted at the meeting. The Ceommission
27 shall not take action upon any item, matter Of item or business (City Business) which is not
28 listed upon the Oefficial Aagenda without approval of at least three (3) commissione£S
29 members present at such regular meeting to add such City Business to the Official Agenda.
30 The Official Aagenda shall be prepared by the clerk in appropriate form approved by the
31 Ceommission. Matiefs City Business may be placed on the agenda by the mayor, the city
32 manager, any commissioner, and the city attorney. A copy of the agenda shall be delivered
33 to each commissioner, the mayor, the city manager, and the city attorney at least seventy-
34 two (72) hours prior to any regularly scheduled meeting, and twenty-four (24) hours prior to
35 any special or workshop meeting. }>to aesiaess may ae coadeeted at a sflecial Of woffi:::shofl
36 meeting other than that for whioh this m.eeting was call ed. ARY ageFlda item t:liat ·B:aS been
37 tab led w ithout a time eerteHR sha ll automaticaYy be femoved if Bot aoted upon during the
38 three (3) secceediag fegelar commissioa meetiags followiag the date of said taaliag.
39 Except for emergencies, no item will be placed on the agenda of a regular meeting of
Page 1 of3
1 the commission which has not been delivered to the city clerk by noon on the
2 Wednesday preceding such regular meeting, excepting as provided in this subsection
3 2-2.1(C).
4
5 (1) Add-ons: No business shall be conducted at a special or regular meeting that is not
6 reflected in the Official Agenda unless the Official Agenda is amended or
7 supplemented to reflect additional business C Add-on Items) to be condu ted at said
8 meeting (' Add-on Agenda ) and unless the Add-on Agenda is posted and delivered to
9 the ity Commission. The Add-on Agenda must be posted on the City's website
10 no later than 5:00 p.m" and, at substantially the same time, it shall be forwarded to
11 the members of the City Commission before the commencement of the relevant
12 meeting electronically or by any comparable means. TIle ity Clerk is further
13 directed to make said add-on itemCs) avajlable to the public at the entrance to the
14 Commission Chambers dwing every Commission meeting. The City Clerk shall
15 after the roll is called, at any ommission meeting, read into the record of such
16 Commission meeting the title of the proposed add-on itemCs) sought to be placed on
17 the agenda. Nothing herein shall affect the requirement that any add-on item can nJy
18 be placed on the agenda by the approval of the majority vote of the lty Olnmission.
19
20 (2) Workshops and special meeting: No City Business may be conducted at a special
21 or workshop meeting other than that for which this meeting was called.
22
23 (3) Removal o(business: Any agenda item that has been tabled without a time certain
24 shall automatically be removed from the agenda ifnot acted upon during the three (3)
25 succeeding regular commission meetings following the date of said tabling. If a
26 proposed ordinance has been automatically removed for lack of action, it may only be
27 re-introduced as a first reading of the ordinance.
28
29 Section 2. Resolution 61-10-13095 is hereby repealed.
30
31 Section 3. Codification. The provisions of this ordinance shall become and be made
32 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
33 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
34 "ordinance" may be changed to "section" or other appropriate word.
35
36 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
37 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
38 shall not affect the validity of the remaining portions of this ordinance.
39
40 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
41 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
42 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
43 that give the appearance of being in conflict when the two ordinances can be harmonized or
44 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
45 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
Page 2 of3
1 amended to hannonize the two ordinances. Therefore, only that portion that needs to be repealed
2 to hannonize the two ordinances shall be repealed.
3
4 Section 6. Effective Date. This ordinance shall become effective upon enactment.
5
6
7 PASSED AND ENACTED this __ day of ,2012.
8
9 ATTEST: APPROVED:
10
11
12
13 CITY CLERK MAYOR
14 1 st Reading 12/04/12
15 2nd Reading
16
17 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
18 LANGUAGE, LEGALITY AND Mayor Stoddard:
19 EXECUTION THEREOF Vice Mayor Liebman:
20 Commissioner Newman:
21 Commissioner Harris:
22 Commissioner Welsh:
23 CITY ATTORNEY
Page 3 of3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 12118/2012
in the XXXX Court,
was published In said newspaper in the issues of
12107/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin g . advert ' t for publication in the said
ne wspap ,
Sworn to and subscribed before me this
(SEAL)
O.V. FERBEYRE personally known to me
",'~':N,'J~. e, THOMAS ~r~~'1!};\ Commission # DO 937532
~6~;: Expires November 2,2013 '11lI,F/f.~"~"· IIondedTlruTmyFalnl_800-38S-7019
2012