04-22-08 Item 3030
1 ORDINANCE NO.
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4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, , FLORIDA, RELATING TO
6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
7 ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO
8 BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH
9 THE CITY'S CHARTER ARTICLE III, SECTION l; AND EDITING
10 THE ORDINANCE TO CORRECT SCRIVENERS ERRORS;
11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
12 AND AN EFFECTIVE DATE.
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14 WHEREAS, the City's current Code of Ordinances provides procedures for the
15 departments and administrative service of the City; and,
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17 WHEREAS, the Mayor and City Commission desire to amend its code in order to
18 bring it up to date; and
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20 WHEREAS, the Mayor and City Commission desire to amend its code in order to
21 be consistent with the City's Charter Article III, Section 1.
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23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
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2 Section 1. Chapter 2, Article II of the City's Code of Ordinances, entitled
2 Departments, Sections 2 -6, 2 -7.1, 2- 10(d), and 2 -15 of the Code of Ordinances of the
2i City of South Miami is being amended as follows:
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R Sec. 2 -6 Department heads; selection, qualifications, removal, compensation and
31 term -of office.
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32, All department heads except city attorneys, city clerk, and city judges shall be
34 appointed by the city manager for indefinite terms. They shall be appointed on the basis
35� of ability to perform the duties of the position held and may be removed by the city
3fi manager. Appointment of the city attorneys, city clerk and judges city manager shall be
3 by the city commission, as set forth in the charter.
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39 Compensation of all department heads shall be fixed by the pay scale adopted by
4( the city commission.
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4 Sec. 2 -7.1. Supervision, duties of inspeetion station and parking control division.
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The inspection station an parking control division shall be under the direct
control of the city manager and shall have the following duties:
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5 .ohi`.ln_inspentiev. eerti fie tes
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7 (a) Installation, repair and service of parking meters..
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9 (b) Nonexclusive enforcement of ordinances and regulations relating to inspection
10 and parking of motor vehicles.
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1 Sec. 2 -10. Legal department; functions and duties.
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14 The legal department shall consist of a city attorney and an asseeiate atteme and
15 such assistant city attorneys as may be necessary; the asseeiate assistant city attorney to
16 serve in the absence of the city attorney.
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18 The legal department shall perform the following functions:
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20 (a) Represent the city in all matters in which the city has an interest coming
21 before any court or tribunal, except in such cases as other arrangements may
22 be specifically made by the city eeuneil commission.
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24 (b) Advise the eettnei1 commission, manager, and department heads in all cases
25 when legal opinion is required and requested.
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27 (c) Draft all deeds, leases, contracts, and other legal instruments as required.
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29 (d) Represent the eity in all sessions of the munieipal eottt4.
30 Cdj Perform all other related functions as required.
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3j Sec. 2 -15. Records department; functions and duties.
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34 The records department, directed by the city clerk, shall perform the following
35 duties:
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37 (a) Prepare, maintain, publish and index all proceedings of the city eeuneil
38 commission.
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40 (b) Arrange for all elections and maintain all election records.
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42 (e) .
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(c) File and preserve, as required, all contracts, bonds, oaths of office, and other
documents.
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(d) File, preserve, and codify all ordinances and r-eselut file and preserve all
resolutions.
(e) Shall have authority to administer oaths_ and issue waffants fer the affest-ef
(f) Perforin all other related functions as required by the city mil commission.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of 52008.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM
CITY ATTORNEY
WAMy Documents\resolutions \Ordinance code updating.art II.doc
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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§ 2 -2.1 SOUTH MIAMI CODE § 2 -2.1
be seconded by any member, and may be made at
any time and have precedence over all other motions
or while a member has the floor; it shall be debat-
able. Nothing herein shall be construed to prevent
any member of the commission from making or
remaking the same or any other motion at a subse-
quent meeting of the commission.
(6) Remarks of commissioner; when entered in minutes.
A commissioner may request, through the presiding
officer, the privilege of having an abstract of his
statement of any subject under consideration by the
commission entered in the minutes. If the commis-
sion consents thereto, such statement shall be en-
tered in the minutes.
(7) Synopsis of debate; when entered in the minutes. The
clerk may be directed by the presiding officer, with
consent of the commission, to enter in the minutes a
synopsis of the discussion on any question coming
regularly before the commission.
(H) ADDRESSING THE COMMISSION. Any person desiring
to address the commission shall first secure the permis-
sion of the presiding officer so to do; provided, however,
that under the following hearings of business, unless the
presiding officer rules otherwise, any qualified persons
may address the commission without securing such prior
permission.
(1) Written communications. Interested parties or their
authorized representatives may address the commis-
sion by written communications in regard to matters
then under discussion.
(2) Oral communications. Taxpayers or residents of the
city, or their authorized legal representatives, may
address the commission by oral communications or
any matter concerning the city's business, or any
matter over which the commission has control; pro-
vided, however that preference shall be given to
those persons who may have notified the city clerk
in advance of their desire to speak in order that the
same may appear on the agenda of the commission.
Supp. No. 55 6.4
§ 2 -2.1 ADMINISTRATION AND CITY GOVERNMENT § 2 -2.1
(3) Reading of protests, etc. Interested persons or their
authorized representatives may address the commis-
sion by reading of protests, petitions, or communi-
cations relating to zoning, sewer and street proceed-
ings, hearings on protests, appeals and petitions, or
similar matters, in regard to matters then under
consideration.
(I) ADDRESSING THE COMMISSION AFTER MOTION
MADE. After a motion is made by the commission, no
person shall address the commission without first secur-
ing the permission of the commission so to do.
(J) MANNER OF ADDRESSING COMMISSION; TIME
LIMIT. Each person addressing the commission shall step
up to the microphone, shall give his or -her name and
address in an audible tone of voice for the public record,
and unless further time is granted by the commission,
shall limit his or her address to five (5) minutes or until
statements appear to be repetitive or obstructive as
determined by the presiding officer. All remarks shall be
addressed to the commission as a body and not to any
member. No person, other than the person having the
floor, shall be permitted to enter into any discussion,
either directly or through a member of the commission,
without the permission of
Supp. No. 55 6.4.1
§ 2 -2.1 ADMINISTRATION AND CITY GOVERNMENT § 2 -2.1
the presiding officer. No question shall be asked a com-
missioner except through the presiding officer.
(I� DECORUM.
(1) By commission members. While the commission is in
session, the members must preserve order and de-
corum, and a member shall neither by conversation
or otherwise delay or interrupt the proceedings or
the peace of the commission nor disturb any member
while speaking or refuse to obey the orders of the
commission or its presiding officer, except as other-
wise provided.
(2) By persons. Any person making personal imperti-
nent, or slanderous remarks or who shall become
boisterous while addressing the commission shall be
forthwith barred from further- audience before the
council by the presiding officer, unless permission to
continue be granted by a majority vote of the com-
mission.
(L) MEMBERS MAY FILE PROTEST AGAINST COMMIS-
SION ACTION. Any member shall have the right to have
the reasons for his dissent from,. or protest against,.any
action of the commission entered on the minutes.
(M) ORDINANCES, RESOLUTIONS, MOTIONS AND CON-
TRACT.
(1) Preparation and presentation of ordinances and res-
olutions.
(a) The city attorney shall draft and/or approve all
ordinances and resolutions.
(b) Ordinances and resolutions may be sponsored
by an individual member of the commission,
the city manager or the city attorney.
(c) Ordinances and resolutions are deemed intro-
duced after placement on the agenda by the
city clerk and distribution thereof to each mem-
ber of the city commission, city manager and
city attorney at least seventy -two (72) hours
Supp. No. 54 6.5