61 ORDINANCE NO. ----
2
3 An ordinance repealing section 2-22, term limits of board and committee
4 members.
5
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
8
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 an~ elected official sees fit to do so; and
20
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
4 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 ofthe
28 City'S pension system; and
29
30 WHEREAS, the City Commission deems it to be in the public interest to repeal term
31 limits of its boards and committees.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
35
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37 Florida, setting and defining term limits for board and committee members, is hereby repealed as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. +eFm-l·imits.
40 )\ppointees are limited to two (2) consecutive two year terms of membership on a
41 specific commission, board, or committee. i\n appointee may not be reappointed to the same
42 commission, board or committee after completion of RtVO (2) consecutive terms. i\fter serving
43 a-rna~um of two (2) consecutive year terms, an appointee shall not be reappointed-tB-tfle
14 same commission, board or committee unless at least one year has elapsed between the
1
1 term limiteG-j:losition and the effective date of commencement of the proposed appointment
2 for a nev'.' term. Notwithstanding any provision to the contrary, an appointee shall not be
3 j*6cluded, at anytime following completion of service on a commission \Nithout being
4 required to comply with the lapse of time between appointments. Term limits will be applied
5 prospectively, commencing with appointments made after January 1, 2009.
6 (Ord,No,-2006,§--1..,-7-28-09)
7
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.
12
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.
16
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
'2 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.
25
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
2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/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 4/1/2014
in the XXXX Court,
was published in said newspaper in the issues of
03/21/2014
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, reb ommisslo r refund for the purpose
of sec . isement for ublication in the said
spaper.
(SEAL)
,~
(407) 398-0153
this
MERCEDES ZALDIVAR
MY COMMISSION #FF029736
EXPIRES June 20. 2017
FloridaNotaryServlce ,com
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NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, April 1, 2014 beginning
at 7:00 p.m., in,the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
(An Ordinance repealing section 2-22, term limits of board and committee members. )
An Ordinance investing authority in the City Manager to amend the City of South Miami Personnel
Rules that are not in conflict with Chapter 16A.
An Ordinance amending section 2-24, including subsections (b), (c)(10) and (11), (e)(3)(4) and (h) of
the City of South Miami's code of ordinances.
An Ordjna~ce related to a request for a zoning map amendment to the City of South Miami
officlal zoning map, to re·zone the Agency owned property assemblage referred to as the
Marshall Williamson properties, folio numbers 09-4025-000-0850; 09-4025-000·0852; and
09-4025-065-0090, from a current zoning designation of "RS-4" (Single·Family) to the "RM-1S"
(Low Density Multi-Family Residential) to allow for additional residential dwelling units within the
Madison Square Mixed·Use Development Project.
ALL interested parties are invited to attend and will be heard.
For further information. please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision
made by this Board. Agency or Commission with respect to any matter considered at Its meeting or hearing. he or she will
need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of
the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.