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77 1 ORDINANCE NO. _____ _ 2 3 An Ordinance repealing Section 2-35 of the City of South Miami's Code of 4 Ordinances. 5 6 WHEREAS, Section 2-35 was enacted in 1953; and 7 8 WHEREAS, Section 2-35 requires payment to contractor's in cash; and 9 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 12 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 16 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 19 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 22 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 25 26 WHEREAS, Section 2-35 places an urmecessary burden and expense on the City and 27 local construction contractors. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 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 Section 2-35 of the City of South Miami Code of Ordinances is hereby 33 repealed and Section 2-35 is reserved as follows: 34 35 Sec. 2-35. Reserved. PablieaneH efHetiee fer sealed bias; aate, eeHteHt; aia aena or 36 eertifieaeheek; eofitraet bOHa; manner of paymeHt fer 'Nerk. 37 As seeH as praetieable after the eonti_anon of any suell resolution oraering work to be 38 eonstrnetea, the eity manager shall pablish at least onee, iH a newspaper of general 39 eireloilanoH in the eity, ana if the estimatea eost 6lteeeaS five theusana aollars, in a 40 newspaper of general eireulanon thrOlolgbOut the state, a nonee ealling fer sealed bias to 41 be reeeivea by the eity eOlollleil on a aate Hot earlier than fifteen Gays from the first 42 pablieation in the loeal paper, or if saia estimate ell6eeaS five thOlolSand aollars in saeh of 43 saia two newspapers, fer the eenstruetioH oftha work, loIIlless in suell resolooon the eity 44 eelollleil CommissioH shall Have aeelarea its iHteHnon to have the V{ork aOHe by eity ferees 45 witheut eontraet. The Hotiee may refer in general terms to the ~ltent ana Hature efthe 46 impreverBeHt or improvemeHts and may iaennfy the same by the short aesignatien 47 inaieatea in the initial resolutioH and by refer6ne6 to the plans and speeifieations on file. Page 1 00 1 If the initial resolution shall have given t\vo or more alternative aesoriptions of the 2 improvement as to its material, nature, eharaeter ana size, ana if the sity sounsil shall not 3 have heretofere determined upon a definite deseription, the notiee may sall for Bids upon 4 eash of sush desoriptions. 5 No sontraetor shall Be refjUired to take BOndS, warrants, or eertifieates in payment, But 6 payment shall Be made in sash upon monthly estimates of the superintendent ofpul3lis 7 'NorIes to the amollllt of ninety pereent of sush estimates, and the Balanee due shall Be 8 paid in sash within silH)' days after aeeeptanse ofthe work By the eity, and the netiee may 9 state sush eonditions as to payment. Bids may Be reEtUested for the work as a whole or for 10 any part thereof separately, and Bids may Be asked for any one or more iFllj3fOvernents 11 authorized By the same or different resolutions, But any Bid eovering work upon more 12 than one irnpfOvement shall Be in sush form as to permit a separation ofeost as to eaeh 13 improvement. The notiee shall require Bidders to file with their Bids either a eertified 14 sheek upon an inoorporated Bank or trust eompany for t\vo and one half pereent of the 15 amount of their respeetive Bids or a Bid Bond in like amount with eorporate surety 16 satisfaetory to the eity attorney to insure the 6)[eeution of a eontraet to earry out the werk 17 in aseordanse with sush plans and speeifieations and to insure the filing, at the making of 18 sush eontraet, of a Bond in the amount of the eontraet priee with sureties satisfaetory te 19 the sity manager, sonditioned for the perfermanee of the work in aeeordanee vlith sueh 20 eontraet. The eity eouneil shall have the right to rej eet any and all Bids, and if all Bids are 21 rej eeted, the sity eeuneil may re advertise or may determine to ao the work By sHy ferses 22 vYithout eontraet. 23 (Ord. 285, Art. IV, 12 29 53.) 24 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-lettered to accomplish such intention; and that the 28 word "ordinance" may be changed to "section" or other appropriate word. 29 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. 32 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. 36 37 Section 5. Effective Date. This ordinance shall become effective upon enactment. 38 39 40 41 42 43 44 45 46 47 PASSED AND ENACTED this __ day of ,2015. ATTEST: APPROVED: CITY CLERK MAYOR 1st Reading 2nd Reading Page 2 of3 1 2 3 4 5 6 7 READ AND APPROVED AS TO FORM: LANGUAGE, LEGAUTY AND EXECUTION THEREOF CITY ATTORNEY Page 3 of3 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 M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK,.,Legal Notie.es 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 Nodes in the matte(of CITY OF SOUTH MIAMI' PUBLIC HEARING· JULY 14, 2015 . in the XXXX Court, was published in said newspaper in the issues of 06/26/2015 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miamj~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 securing this advertisement for ublication in the said newspaper. ,/ ./ (SEAL) M, ZALDIVAR personally known to me 0, V. FERBEYRE Notary Public -State 01 Florid. My Comm, Expires Ju19, 2018 Commission # FF 10282'1 34SE I SUNDAY, JUNE 28, 2D1S SE ,--' ,-- FUN IN THE SUN STARTS WITH A SPARKLING POOL POOL a PATIO KING SEl~"ICI: RJIII!_~ DIAMOND BRITE 15' X 30' $2,200 KOOLDECK $1.50 sq. ft. We offer a variety of services including pool resurfacing, brick coping, tile, mosaics, Diamond Brite, pump and filter repair and replacement. Call Today: 305·663·7989 23 Years in Business www.poolandpaliokingservice.com lic.n 94B200348 • CALENDAR, FROM 33SE It is also the cradle of heroes, poets, writers, painters, musicians and entertainers from Heredia to Com- pay Segundo, from Desi Arnaz to Emilio Estefan. This solo photo exhibition encompasses a collection of photographs taken from 2003 to 2014. Together they constitute the photogl<lpher's intimate portrait of the city of his childhood and youth. emotionally rediscovered through his lens during his triPS to Santiago de Cuba. Please call 786-223·9872 for more information. June 2a-July 5 Free New Professiol'ls Technical Institute 4000 W. Flagler St., Miami. Sesame Street Presents: The Body This new, Interactive exhibit leaches children how the body works, and how to keep it healthy as they hop, jump, run and dance through this hands-on Sesame Street adventure, June 2812 p.m.-6 p.m.; June 29-July 410 a.m.-5 p.m.; July 512 p.m.-6 p.m. Included in admission wVl'w.sesam- estreetpresents.com Museum of Discovery and SCience 401 SW. Second St., Fort Lauderdale. Stardust: A Galactic New Collection by Miami Artist Gold Man Miaml- based painter Gold Man takes the viewer on a celestial journey with his vibrant "Stardust"$. series, a collec- tion of gleaming acrylic and glltter- covered canvases. The series repre- CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE ]S 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 Joh' 14. 2015 beginning at 7:00 p.m .. in the City Commission Chambers. 6130 Sunset Drive, to consider the following item(s): An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 tiUed "AdnllniSlratiOll and City Government". Article VI. Sections Sees. 2-81-2-90, titled -"Reserved"' to create Section 2-81 Public Private Partnership and establish appropriate polil.'ics and procedures, authorizing the adoption of Guidelines and to reserve Secs. 2-82-2-90. ( An Ordinance repealingSection2-35 of the City of South Miami's Code of Ordinances. ) ALL interested parties are invited to attend and will be heard. For fmiher information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk PUf."U<lnt to Florida S'atu'e, 286.0105. the CIt}' h.,.,h) ad"i, .. !b"l'ublio IhM if a p","oo drcides 10 'pr",,1 any decl,i<>n made by thi' Boor<!. AM,",I"" orCon>mi"ion wjth ""'PC"'" to any mattcT consid<.'f<d at it, m''''tmg or l",arin~. bo or ,hi: will DCC"t! a =ru of the pw<wd,,'¥'. an~ that '0' '""h pul"p<»O; "««ted p"f>on M"}, need t<> ""UN Ihm " verbatim rcwrd or the prc."."Jingo. i, made which rem,d jllc:]Llde;; the t"'im<>DY and eVIdence "POD ",hiob the appeal i. 10 b< ha>ed. MiamiHerald.com MIAMI HERALD NEIGHBORS CALENDAR sents Gold Man's self-reinverltlOn and profourld artistic expression. cosmological fascination arld full erlgagement in the creative process. June 2811 a.m,-6 p.m.; June 29-July 1 11 a.m,-8 p.m,; July 2-July 4 ~ a.m.-11:59 p.m.; July 5 ~ a,m.-6 p.m. Free wVl'w.avantgaliery.com Avant Gallery in the Epic Hotel 270 Bis- caYrle Blvd, Way, Miami. Sweel16 Celebration Whole Foods Market has been satisfying, delight- Ing and nourishing the Aventura community with the highest quality natural and organic products avail- able. Join them thiS June for an afternoon of samplirlg from local vendors, entertainmerlt, a photo booth, cake cutting, a sparklirlg toast and 16 for $16 speCials ali day long June 28 4 p.m.-7 p.m. Free Whole Foods Market -Aventura 2005 Biscayne Blvd., Aventura. Swimming Lessons Classes are taught by volunteers of the Venetian Aquatic Club who have taught American Red Cross lessons sirlce 1959. Please see website for session dates and times, June 28-July 5 $50 venetiarlaquaticclub.org Venetian Pool 2701 DeSoto Blvd., Coral Gables. Waterway Canoe Tours Enjoy a day out on the Coral Gables Waterway, a man-made system of canals that added 40 miles of waterfront to the City from Biscayne Bay through the residential section to the grand golf course at the Biltmore Hotel. This leisure carloeing ex.perience, led by EcoAdventure and Coral Gables Museum staff. encompasses both nature and history in a delightful blend of unique natural vistas arld historiC landmarks, A surprising amount of wildlife can be seen in the water and on the shore. Registrants will meet at the Coral Gables Mu- seum at 9 am and start with a gUided tour of the exhibit Creating the Dream: George E. Merrick arld His VISion for Coral Gables_ After the exhibit, board a bus to the Waterway and onto your canoe for a 2 hour paddling adventure! $40. General. Advanced Registration Is Required. Please see www.coralgablesmu- seum,org!documents!Waterway- Canoe-Tours. pdf for Rules and Restrictions. June 28 9 a.m.-12:30 p.m. $40 Coral Gables Museum 285 Aragorl Ave., Coral Gables MONDAY, JUNE 29 Ballet Concerto Miami -Summer Program for Girls 54 Years of Experi- ence will certainly brirlg your little girl a \l€ry good dance foundatIOn and better understanding of classical ballet, contemporary darlce, jazza- menco along with etiquette classes, arts and crafts and movie time. They will learn to express themselves in differerJt forms while learnirlg lots of etiquette basics arld diSCipline, June 29-July 3 8:30 a.m.-4 p.m. $100 per :miamilll".lb ~';;'~El'l I N~",", __ ... mlmimU _ week Ballet Concerto 4180 SW 74th Court, Miami. City Trekker Summer Camp The Coral Gables Museum is offering week-long City Trekker Summer Camps featuring full-day edUcational programs with professional staff, serving children ages 5-12. JOin us for the "Rhythm Passport" sessiorl (jurle 8-19), the "Urban Archaeology" sessiorl (Jurle 22 -July 3), the "Summer Ex.press Trains, Plarles & Automobiles" session (July 13-24), the "Green City" session (July Z7 - August 7), and the "Into the Wild, Land & Sea"$. session (August 10-Zl). Each session includes a range of activities from field trips to pizza parties. speCial guest speakers to arts and crafts. and even indoor mini golf with exhibit viewirlgs, Register now to save with Early Bird, Museum Member and Sibling Discounts (available until May 1st). For pricirlg arld more information, please call 305-603-8067 or email educe- tlon@Coralgablesmuseum,org.June 29-July 3 9 a.m,-5 p.m. $500; $450 members www.coralgablesmu- seum.org/camp.php Coral Gables Museum 285 Aragon Ave., Coral Gables. Color Beyond Symmetry and Hori· lons Color Beyorld Symmetry and Horizons is the fourth exhibit in the • TURN TO CALENDAR, 36SE 1II!!!!!!~_'!.ospital