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1 ORDINANCE NO. ----
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3 An ordinance repealing section 2-22, term limits of board and committee
4 members.
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6 WHEREAS, section 2-22 of the South Miami Code of Ordinances was passed in 2006 to
7 allow new members to serve on city boards and committees; and
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9 WHEREAS, the City Charter was subsequently amended wherein Article II, section 8A
10 allows every elected member of the City Commission to appoint a member to a city board or
11 committee of 5 members, or more, as a representative of that Commission member, such that any
12 elected official has the individual capacity whenever he or she chooses to remove a
13 representative and appoint another or appoint a new member/representative to a board or
14 committee due to that representative having resigned or due to the expiration of his or her term;
15 and
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17 WHEREAS, this change to City Charter obviated the need for board and committee term
18 limits, by providing a ready means to bring new members onto boards and committees whenever
19 any elected official sees fit to do so; and
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21 WHEREAS, in some instances it is extremely important to retain board or committee
22 member to preserved institutional knowledge. As an example, the City Commission recognizes
23 (i) the time and effort dedicated by the appointed trustees to obtain the knowledge and skills
24 required to manage the City of South Miami Pension System, (ii) the unique skills and
25 knowledge developed by trustees over years to manage the City of South Miami Pension System,
26 (iii) the significant expense incurred by the City of South Miami in training and educating its
27 trustees, and (iv) that longer service by effective trustees would be in the best interest of the
28 City'S pension system; and
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30 WHEREAS, the City Commission deems it to be in the public interest to repeal term
31 limits of its boards and committees.
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33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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36 Section 1. Section 2-22 of the Code of Ordinances of the City of South Miami,
37 Florida, setting and defining term limits for board and committee members, is hereby repealed as
38 follows:
39 Sec. 2-22. -Reserved. Term-limits-.
40 Appointees are limited to two (2) consecutive two year terms of membership on a
41 specific commission, board, or committee. An appointee may not be reappointed to the same
42 commission, board or committee after completion of WlO (2) consecutive terms. After serving
43 a maximum of WlO (2) consecutive year terms, an appointee shall not be reappointed to the
44 same commission, board or committee unless at least one year has elapsed between the
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1 term limited position and the effective date of commencement of the proposed appointment
2 for a nelN term. Notwithstanding any provision to the contrary, an appointee shall not be
3 precluded, at anytime following completion of service on a commission INithout being
4 required to comply with the lapse of time ber.veen appointments. Term limits will be applied
5 prospectively, commencing with appointments made after January 1, 2009.
6 (OrdNo,2006,§1,7-28-09)
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8 Section 2. Codification. The provisions of this ordinance shall become and be made
9 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
10 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
11 "ordinance" may be changed to "section" or other appropriate word.
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13 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
14 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
15 shall not affect the validity of the remaining portions of this ordinance.
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17 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
18 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
19 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
20 that give the appearance of being in conflict when the two ordinances can be harmonized or
21 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
22 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
23 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
24 to harmonize the two ordinances shall be repealed.
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26 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: