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ORDINANCENO. ____________ _
An Ordinance amending Chapter 2, Article I, Section 2-2.1 (M) of the
Code of Ordinances, to modify the procedure for prior City Attorney
approval of all resolutions, ordinances and other documents before
inclusion on the Commission agenda.
8 WHEREAS, the City desires to amend Chapter 2, Section 2-2.1 (M) ofthe Code of
9 Ordinances to clarify the language that exists in the code now, which is confusing; and
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11 WHEREAS, before a City Manager, any City Manager, puts an item on the
12 agenda, it should first be reviewed by the City Attorney, and the City Attorney should be
13 given a reasonable amount of time to review the item in light of all the work that is being
14 asked of him or her; and
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16 WHEREAS, the City desires to have the most expeditious path to approval as is
17 possible for items needing City Attorney approval, while not sacrificing quality review for
18 legal sufficiency and form.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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23 Section 1.. Chapter 2, Article I, Sections Section 2-2.1 (M) of the Code of .
24 Ordinances, City of South Miami, Florida, is hereby amended and shall read as follows:
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26 Sec. 2-2.1. -Rules of procedure of Ceity Ceommission.
27 The following rules of procedure shall govern all meetings of the Ceity
28 Ceommission, namely:
29* * * *
30 (M) ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACT.
31 (1) Preparation and presentation of ordinances and resolutions.
32 * * * *
33 (2) Prior approval by administrative staff of agenda items by City
34 Attorney. All ordinances, resolutions, and contract documents shall, before
35 presentation to the commission, have the approval be reviewed by the City
36 Attorney as to form and legality by the city attorney prior to the City Manager
37 including them on an agenda for action by the City Commission. However, if,
38 after reasonable efforts, the City Manager is unable to transmit a copy of the
39 item to the City Attorney, or if, after a reasonable time has passed since delivery
40 of the item to the City Attorney, the City Attorney is unable to communicate his
41 er--his authorized representative, and shall have been approval or the reasons for
42 his disapproval of the item, the City Manager may add the item to the agenda
43 with an explanation as to why the item has not been examined and approved Qy
44 the City Attorney for administration by the city manager or his authorized
45 representative, ';vhere there are substantive matters of administration involved.
46 Provided, hovlever, that if approval is not given, then the city manager shall so
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advise the commission and give the reasons advanced by the city manger for
'tvithholding approval. No ordinances, resolutions, or contract shall become
effective or enforceable unless it has been endorsed by the City Attorney as
being approved as to form and legality.
* * * *
9 Section 2. Codification. The provisions of this ordinance shall become and be
10 made a part ofthe Code of Ordinances of the City of South Miami as amended.
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12 Section 3. Severability. If any section, clause, sentence, or phrase of this
13 ordinance is for any reason held invalid or unconstitutional by a court of competent
14 jurisdiction, this holding shall not affect the validity of the remaining portions of this
15 ordinance.
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17 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
18 all sections and parts of sections of ordinances in direct conflict herewith are hereby
19 repealed.
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21 Section 5. Effective Date. This ordinance shall become effective upon
22 enactment.
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PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
CITY ATTORNEY
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