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1 ORDINANCE NO. _____ _
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3 An Ordinance repealing Section 2-35 of the City of South Miami's Code of
4 Ordinances.
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6 WHEREAS, Section 2-35 was enacted in 1953; and
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8 WHEREAS, Section 2-35 requires payment to contractor's in cash; and
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10 WHEREAS, Section 2-35 requires a bid bond for projects having a value in excess of
11 $5,000 which is not a reasonable requirement in 2015; and
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13 WHEREAS, Section 2-35 requires advertisement in state wide newspapers for all
14 projects having a value in excess of $5,000 which is not reasonable or necessary to protect the
15 interests of the City; and
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17 WHEREAS, the City Charter requires that the City must obtain 3 bids from different
18 sources of supply for any project with a value in excess of $5,000; and
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20 WHEREAS, most of the requirements of Section 2-35, that are reasonable, are more
21 appropriate for projects with estimated values in excess of $200,000; and
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23 WHEREAS, Florida State Section 255.0525 regulates the competitive requirements for
24 construction of municipal projects that have an estimated value in excess of $200,000; and
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26 WHEREAS, Section 2-35 places an urmecessary burden and expense on the City and
27 local construction contractors.
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29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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32 Section 1. Section 2-35 of the City of South Miami Code of Ordinances is hereby
33 repealed and Section 2-35 is reserved as follows:
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35 Sec. 2-35. -Reserved. PHblieatieR efRetiee fer sealeEl BiEls; Elate, eeRteat; BiEl BeREl er
36 eertifieEl sheek; eeRtraet BeREl; ma!lller efpaymeRt fer '?'ork.
3 7 As seeR as praetieal3le after the eeRfirmatieR ef any sHsh reselHtieR erEleriRg werk te Be
38 eeRstrneteEl, the eit)' manager shall pal3lish at least eRee, ill a RS'Nspapsr ef geaeral
39 sireulatieR iR the eity, anEl if the estimateEl eest BlwesEls fivs theHsanEl Elellars, iR a
40 Rewspaper ef geReral eirealatieR tbreagheat the state, a ootiee ealliRg fer sealeEl BiEls te
41 Be reeeivsEl By the eit)' eeHReil eR a Elate Ret earlier than fifteeR Elays frem the first
42 paBlieatieR iR the leeal paper, er ifsaiEl estimate ellseeEls five theHsanEl Elellars iR sash ef
43 saiEl twe Rewspapers, fer the eeRstmetieR efthe werk, alliess iR sHeh rsseMieR the eit)'
44 seHRsil CemmissieR shall have EleelareEl its iRteatieR te have the werk EleRe By eity ferees
45 vritheHt eeRtraet. The Retiee may reter ill geReral terms te the elHeRt anEl RaMe efthe
46 imprevemeRt er iHljlf8vemeats anEl may iEleatify the same By the shert ElesigaatieR
47 iRElieateEl iR the imtial reselHtieR anEl By rerereRee te the plans anEl speeifieatieRs eR file.
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1 If the initial resolution shall have given two or more alternative aeseriptions of the
2 improvement as to its material, naMe, sharaster ana size, ana if the eity eOllllOil shall not
3 have heretofere aeterminea upon a aefinite aeseription, the notiee may eall fer bias upon
4 each of sush aeserijltions.
5 1'10 eontraetor shall be requirea to take bonas, '.vatrants, or eertifieates in payment, but
6 payment shall be maae in eash upon monthly estimates of the superintenaent of publie
7 works to the amount of ninety pereent of sueh estimates, ana the balanee due shall be
8 paia in eash within silcty Gays after aee6jltanee of the work by the eity, ana the notiee may
9 state sush eonElitions as to payment. Bias may be requestea fer the work as a whole or for
10 any part thereof s6jlarately, ana bias may be askea for any one or more iffijlrovements
11 authorizea by the same or aifferent resolutions, but any bia eovering work upon more
12 than one iffijlrovement shall be in sush ferm as to permit a separation of eost as to each
13 iffijlrovement. The notiee shall require biaaers to file with their bias either a eertifiea
14 sheek upon an ineoFjloratea bank or trust eOffijlany fer tv,o ana one half pereent of the
15 amount of their reSjlestive bias or a bia bona in like amount with eOFjlorate surety
16 satisfastory to the eity attorney to insure the 6lleeution of a eontrast to earry out the work
17 in aeeoraanee with sueh plans ana speeifieations ana to insure the filing, at the making of
18 sush eontrast, of a bona in the amount of the eontrast priee with sureties satisfactory to
19 the eity manager, eonElitionea fer the perfermanee of the work in aeeoraanee vlith sueh
20 eontrast. The eit)' eOlffieil shall have the right to roj est any ana all bias, ana if all aias are
21 roj estea, the eity eOlffieil may re aElvertise or may aetermine to ao the work by eity ferees
22 without eontraet.
23 (Ora. 285, lrl1:. IV, 12 29 53.)
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25 Section 2. Codification. The significant provisions of this ordinance shall become and
26 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections
27 of this ordinance may be renumbered or re-1ettered to accomplish such intention; and that the
28 word "ordinance" may be changed to "section" or other appropriate word.
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30 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all
31 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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33 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
34 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
35 shall not affect the validity of the remaining portions of this ordinance.
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37 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of ,2015.
ATTEST: APPROVED:
CITY CLERK MAYOR
1st Reading
2nd Reading
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: