Ord. No. 13-97-1634ORDINANCE NO.13-97-1634
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF
THECITYOFSOUTHMIAMI,FLORIDA,RELATING TO
DELETION OF SECTION 2-9.1 OF THE SOUTH MIAMI CODE,
ELIMINATING THE OFFICE OF PUBLIC DEFENDER
PROVIDING,FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,Chapter 2,Article 1,Section2-9.1ofthe
City Code of Ordinances establishes the office public
defender of the City of South Miami,and defines the
appointment,term,compensation,and duty and eligibility of
persons requesting representation;and
WHEREAS,theCity Commission has expressed their desire
to have the City's Code of Ordinances brought up-to-date by
deleting obsolete material,and by adding legislation which
has been adopted and not yet incorporated in the most
current official Code of Ordinances.
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITY
COMMISSION OFTHECITYOFSOUTHMIAMI,FLORIDA:
Section 1.Chapter 2,Article I,Section 2-9.1 of the
City Code of Ordinances,currently reads as follows:
The office of public defender is hereby established.
It shall consist of not more than four (4)attorneys who are
members of The Florida Bar and appointed to such office by
the mayor,with the advise and consent of the city council.
The term of office of each public defender shall expire as
of March 15of each year,irrespective ofthe commencements
of his term.As used hereinafter,the words "public
defender"may apply in the singular or collectively.
The public defender shall represent any indigent person
under arrest bythe city police or charged with an offense
in the municipal court if such person requests itor the
court so orders it.The public defender may,with the
consent of the municipal court,accept the voluntary
services of members of The Florida Barbut without
compensation by the city.
Anyindividualseekingthedefender'sservicesshall
submit an affidavit of his financial circumstances.The
municipal court shall determine eligibility and may make
such determination at any stage of the proceedings.In the
eventthecourt shall determine thatthe individual is
financially able to obtain independent counsel of his
Page 2 of Ord.No.13-97-1634
choice,thepublicdefender shall withdrawfromactive
representation.
The public defender may draw such salary and/or
expenses as is approved in the city budget.(Ord.No.583.$
1,11-7-67;Ord.No.'656,§1,7-22-69/Ord.No.785 §1,7-
17-73)
Section 2.The City Commission hereby amends Chapter
2,Article I,deleting Section 2-9.1 in its entirety.
Section 3.If any section,clause,sentence,or
phraseofthisordinanceisforanyreasonheldinvalidor
unconstitutional bya court of competent jurisdiction,the
holding shall not affect the validity of the remaining
portions of this ordinance.
Section 4.All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
Section 5.This ordinance shall take effect immediately
atthetimeofitspassage
PASSED AND ADOPTED this
1997.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM
/6>,6^/6
City Attorney
1st Reading -April 15,1997
2nd Reading -May 6,1997
6 th day of May
Mayor
COMMISSION VOTE:4-0
Mayor•Price:Yea
Vice Mayor Robaina:Yea
Commi ssioner Bethel:Yea
Commi ssioner Young:Yea
&
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor and Commission Date:May 1,1997
#•rom:UTaa***&&&rSr Subiect ^endaItem *——City Manager ^^W J Comirosston Meeting 5/6/97
r Second Reading
Office ofPublic Defender
r^W ^??"?0fm °rdinanCe to detete from the Ci«y of South Miami Code Chanter 2I,Secon 2-9.1 ehnunating the Office of Pubiic Defender"its fonctionsTd dufe "'
part of the on-going process to remove obsolete material from the City's Code of Ordinances.
•THURSDAY.APRhi-^4:f 997
parking garage
st for vehicles
parking.
:it's in the
a of down-
ad that park-
vntown area
the brand
garage will
430 vehicles
held 69.
Ieightlevels
ith cameras
department.
»and Park-
iiralda Ave-
xt is about
dng.
rning street
alk cafes,
kets and a
:h lunch on
ic plaza,
aparking
ike,well,a
3 a facade
iiterranean
s.It has a
ing,a little
fthis pro-
atit does
of view,"
irataBasu,
ion."The-
>an design
;the extra
money to provide an architec
tural treatment,toprovidethe
publicplaza space,toprovidethe
pedestrian amenities and make it
pedestrian friendly.
,"It'snotjusta parking garage,
it's anurbandesign statement as
towhatwewouldliketoseebuilt
in downtown —active spaces on
the ground levels,notdeadpark
ing spaces,buildings that relate
to the rest oftheurbanfabricina
waythat is visually pleasing."
Intersections,nearthe project
willbenarrower"soyouhave
lessstreetto cross,"Basu said.
"We are trying to connect all
thesepedestrianspacesandwid
ening sidewalks on Merrick Way
sothatmorethingscanhappen
onthe sidewalk,and connecting
thesepockets of spaceswitha
wider sidewalk.
"Wethink it's going tomakeit
alot more ofa walking area."
That's crucial forstore owners
awirestaurateurs who lease the
14,000 square feet of retail space
at street level.Thecity,which
owns the property,har already
receivedlettersofintentfrom
tworestaurants:CiaoCucina—
anationalchainwithsevenres
taurants —and Perricones,a
downtown Miami eatery.
.Qao-Cucina willhavea side-
walk cafe,said Economic Devel
opmentDirectorCathySwan-
son.Perricone's willhavea
gourmet market.
"Itis good forthe garage,good
for the city andgoodforthe pro-
'Pecttve tenants,"Swanson said.
Theprojectis also aboutthe
growing downtown Gables night
life.Oneofthe restaurants,
Swanson said,"will beanattrac
tionintheeveninghourswitha
nice,professional nappy hour."
Minimumrentwill range from
CITYOF SOUTH MIAMI
ITCE OF PUBUC HEARINGS
fete ret^rS """T™°f the Ci*tfSouth Miami,Florida will conduct
nmm!!•;£XPTKS meeting 0n ^^V.May 6,1997 beginning at
egivenfirstreadingonApril 15,1997.—
mSalfiSnp™^COMMKION OFTHE cnr.0P southRELATINGTODELETIONOFCHAPTER2,ARTICLE I SFCTTniM 9 QiMIAMICODE,ELIMINATING THE OmraOFrSuc^FENDERSMW»™*ORDINANCES nSwJS
OF THE MAYOR AND CITY COMMISSION OF THE CITY OF qoirmRELATINGTODELETIONOFCHAPTER2,ARTICLE I SEOToST^
^Sff™6 F0R 0RDINANCES«
oU5ESJ525 AND CITY COMMISSION OF THE CITY OF SOUTHRELATINGTODELETIONOFCHAPTER2ARTICLE^T SECTION z7!
:oSft^S\mS2S?ING F°R SEVERABILITY;PROVIDING FOR-ONFTJCT,AND PROVIDING AN EFFECTIVE DATE.
inspected in the City Clerk's Office,Monday -Friday during regular office
s item should be directed to the City Manager's at:663-633a
reinvitedtoattendandwillbe heard.
RonettaTaylor,CMC ,
City Clerk
«*«*...™.City of South Miami !
•uch purpose.affect*dp«*£SaT^W £££tf&?SSSS *"tZ??7""^•"^ot-^mony „g evxfcngu^n „>£££^J^V^^^010 recort <*«*Proceed^«
$21.50to $22.50 a square foot
forwhatiscalleda "vanilla
shell."That meansthereis
plumbing laid out but not much
more.
Once Merrick Place is fully
leased,thecitywillgainabout
$300,000a year."Itwillexceed
ourinitialrentexpectations,"
Swanson said.Notthatmoneyis
whatitwasallabout,either.
"We hadarestaurantthatfar
outbid thisone,butthe concept
of thegourmetmarketandthe
S^a^S^^
sidewalk cafe we thought worked
for thatlocation and would really
buildan interesting Catherine
space for the Gables."
Thoughtherestaurants—and
anyshopsthatleasespace—will
probably open somewhat later,
the garage is scheduled to open
May 15.It was funded through a
loan thecitytookwiththeSunshineStateBondfund.Parking
revenueswillgotorepaythe
loan,saidGablesFinanceDirec
tor Don Nelson.
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