07-22-08 Item 28USouth Miami
tll- America C" i CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor, Vice Mayor and City Commissioners
From: Jay Beckman, City Commissioner
Via: Maria M. Menendez, City Clerk
Date: July 22, 2008 ITEM No.
ag-
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE H, SECTIONS 2-6,2-7.1,2-10(d), AND 2 -15, IN
ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE
CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO
CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
STAFF'S OBSERVATIONS
In reviewing the Code of Ordinances, we have found some discrepancies between the Code of
Ordinances and the City's Charter. In addition, besides deleting archaic language, additional
language has been incorporated in order to be consistent with the Charter, as indicated on page 1,
line 36 where we have deleted the word "judges" and replaced it with "city manager ". The City
of South Miami has not have a court for the past thirty some years.
Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments.
The following is a summary of the main proposed amendments:
1) Page 1, lines 33, and 36;
2) Page 2, lines 1, 4, 15, 22, 24, 29.37 and 42;
3) Page 3, lines 4, 9 -10, and 12.
Copies of the particular sections of the Code and Charter are attached as backup for reference.
Documentation:
Draft Ordinance
Charter Art. III, Sec. 1
Code of Ordinances Sec
2 -6m 2 -7.1, 2- 10(d), and 2 -15
WAMy DocumentsVesolutionsWemo Ordinance.Code amend ch 2 art ILdoc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE
5 CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6,
6 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE,
7 AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III,
8 SECTION 1; AND EDITING THE ORDINANCE TO CORRECT
9 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES
10 IN CONFLICT, AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City's current Code of Ordinances provides procedures for the
13 departments and administrative service of the City; and,
14
15 WHEREAS, the Mayor and City Commission desire to amend its code in order to
16 bring it up to date; and
17
18 WHEREAS, the Mayor and City Commission desire to amend its code in order to
19 be consistent with the City's Charter Article III, Section 1.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
23
2z 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
2 City of South Miami is being amended as follows:
2
2 Sec. 2 -6 Department heads; selection, qualifications, removal, compensation and
2 term of office.
3 All department heads except city attorneys, city clerk, and eity judges shall be
3 appointed by the city manager for indefinite terms. They shall be appointed on the basis
3 of ability to perform the duties of the position held and may be removed by the city
3 manager. Appointment of the city attorneys, city clerk and ages city manager shall be
3 by the city commission, as set forth in the charter.
3 Compensation of all department heads shall be fixed by the pay scale adopted by
3 the city commission.
3 S.
4 Sec. 2 -7.1. Supervision, duties of inspeetion station and parking control division.
4
4 The inspeetion station and parking control division shall be under the direct
4 control of the city manager and shall have the following duties:
Additions shown by underlining and deletions shown by everstrik-ing.
Page 1 of 3
I
2 vehiele i n� ee fi .� o f fi f
1VaV 111J LlVVIl Vll VVTGITiti R7TiT.
3
4 (a) Installation, repair and service of parking meters.
5
6 (b) Nonexclusive enforcement of ordinances and regulations relating to inspection
7 and parking of motor vehicles.
Sec. 2 -10. Legal department; functions and duties.
1
11 The legal department shall consist of a city attorney and an asseeiate a4emey and
12 such assistant city attorneys as may be necessary; the asseeiate assistant city attorney to
13 serve in the absence of the city attorney.
14
15 The legal department shall perform the following functions:
16
17 (a) Represent the city in all matters in which the city has an interest coming
18 before any court or tribunal, except in such cases as other arrangements may
19 be specifically made by the city eexne4l commission.
20
21 (b) Advise the eeuneil commission, manager, and department heads in all cases
22 when legal opinion is required and requested.
23
24 (c) Draft all deeds, leases, contracts, and other legal instruments as required.
25
Represent the e..,y in all ova"
27 (d) Perform all other related functions as required.
28
2� Sec. 2 -15. Records department; functions and duties.
30
31 The records department, directed by the city clerk, shall perform the following
32 duties:
33
34 (a) Prepare, maintain, publish and index all proceedings of the city eexnEil
35 commission.
36
37 (b) Arrange for all elections and maintain all election records.
38
VV KU UUp V1 Y1J V1 of I`�[r(i�ef
40
41 (c) File and preserve, as required, all contracts, bonds, oaths of office, and other
42 documents.
Additions shown by underlining and deletions shown by everstr-ikixg
Page 2 of 3
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(d) File, preserve, and codify all ordinances ; file and preserve all
resolutions.
(e) Shall have authority to administer oaths_ and issue w- €ethe affest-o_
(f) Shall act as the Records Management Liaison Officer (RMLO) of the City.
(g) Perform all other related functions as required by the city 2eeuneil 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 , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
Ir
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlinine and deletions shown by ever- str -iking
Page 3 of 3
ARTICLE II (Cont'd)
fails to obey a lawful order issued in the exercise of these
powers by the Commission shall be guilty of a misdemeanor and
punishable by a fine of not more than $500.00 or by imprisonment
for not more than six-months, or both.
SECTION 10. Civil Service /Merit System
The City Commission shall establish a civil service system
or a merit system covering and embracing the salaried employees
of the City of South Miami, except where in conflict with any
other provisions of this Charter.
SECTION 11. Departments
Except as may be otherwise provided by statute or this
Charter, the Commission shall establish, by ordinance, such
departments of the City as it deems necessary or advisable and
prescribe the functions of all departments, and duties,
authorities and responsibilities of the department heads.
(Amended 2/8/00)
ARTICLE III
THE CITY MANAGER
SECTION 1. Appointment
The City Commission shall appoint a City Manager by the
affirmative vote of a majority of the members of the City
Commission.
SECTION 2.
Qualifications
The Manager shall be appointed solely on the basis of his or
her executive and administrative qualifications with specific
reference to his or her professional training-and experience in
municipal government. He or she shall be a graduate of a
recognized school of government or have experience equivalent
thereto.
SECTION 3. Removal
The City Commission may remove the City Manager from office
by affirmative vote of a majority of all of its members, with or
without cause. If his or her removal is without cause, the City
15 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
9_�
¢ ., 6 SOUTH A3WMI CODE § 2.7
the duties of the position held and may be removed by the cit
manager. Appointment of the city attorneys, city clerk anc
shall be by the city commission, as set forth in the charter.
Compensation of all department heads shall be fixed by the
pay scale adopted by the city commission.
(Ord. No. 404, § 3, 4 -1 -58)
Sec. 2 -7. Administration department; functions and du-
ties.
The administration department shall operate directly under
the supervision of the city manager and shall consist of the
following divisions and duties:
(a) Code enforcement division, which shall provide\ field
enforcement of all zoning codes and ordinances.
(b) Personnel division shall act as secretary to the personnel
board, hire all help, keep all employee records on employ-
ment, vacations and sick leave, handle all matters per-
taining to group insurance and retirement funds; and any
other duties related to personnel records.
(c) The city manager shall establish fees to be charged for the
furnishing of copies of city records and documents. The
city manager shall establish fees to be charged for partic-
ipation in city sponsored programs, including but not
limited, to those conducted by the recreational depart-
ment; a different schedule of fees may be established for
nonresidents of the city. Where services are performed by
the city and a fee not established by the commission, the
city manager shall establish such fee. A list of all fees and
charges established by the city manager shall be on file
with the city clerk together with all amendments and
changes thereto and available for public inspection. All
fees and charges established pursuant hereto shall be
predicated upon the actual cost to the city and subject to
review by the city commission.
Supp. No. 60 10
§ 2 -7 ADMI-!VISTRATION AND CITY GOVERNMENT § 2 -8
(d) The administration department shall perform such other
functions as required by city commission.
(Ord. No. 404, § 4, 4 -1 -58; Ord. No. 538, 6- 14 -66; Ord.. No. 1800,
§ 1, 6- 17 -03)
Amendment note —Ord. No. 538 purported to amend § 2 -7 by adding
subsections (c) and (d), however, in effect, said ordinance added a new subsection
(c,) and redesignated former subsection (c) as subsection (d).
Sec. 2 -7.1. Supervision, duties ofixwpection- stati -on• and v�_I
parking control division.
The inspection -- staon. ti and parking control division shall be
Under the direct control of the city manager and shall have the
following duties:
(a) Operation of th�city's mo of Vehicle inspgMon station .
and issuance of motor keliicle inspections certificates.
(b) Installation, repair and service of parking meters.
(c) Nonexclusive enforcement of ordinances and regulations
relating to inspection and parking of motor vehicles.
(Ord. No. 462, 10 -3 -61)
Amendment note —Ord. No. 462 amended this Code to add a. new § 2 -7A. The
editors have redesignated said section as § 2 -7.1 above to conform to the format of
this Code.
Sec. 2 -8. Finance department.
The finance department shall be under the supervision of the
director of finance and shall have the following duties:
(a) Auditing division.
(1) Auditing of all receipts and expenditures.
(2) Keeping of all accounts of the city and issuing such
reports as required by the city manager.
(3) The director of finance shall countersign all checks,
after verification of availability of funds.
(b) Treasury division, under the immediate supervision of the
city manager, shall perform the following functions:
(1) Maintain custody of all city funds, investments and
securities, including the deposit, withdrawal and
recording thereof.
Supp. No. 60 11
ORDINANCE 462
ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SOUTH MIAMI, FLORIDA,
BE AMENDED BY ADDING A SECTION TO THE
NUMBERED 2 -7A THEREBY CREATING INSPECTION
STATION AND PARKING CONTROL DIVISION:
ESTABLISHING DUTIES AND RESPONSIBILITIES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI,
FLORIDA:
That the Code of Ordinances of the City of South Miami, Florida is hereby
amended by adding Section 2 -7A to said Code; said section to read as follows:
2 -7A The Inspection Station and Parking Control Division shall be under
the direct control of the City Manager and shall have the following duties:
1. Operation of the City's Motor Vehicle inspection station and issuance
of motor vehicle inspection certificates.
2. Installation.; repair and service of parking meters.
3. Non - exclusive enforcement of ordinances and regulations relating to
inspection and parking of motor vehicles.
PASSED AND ADOPTED THIS 3rd DAY OF October A.D. 061.
Presiding Officer, City Council
ATTEST:
City Clerk
§ 2 -10 ADMINISTRATION AND CITY GOVERNMENT § 2 -12
The legal department shall perform the following functions:
(a) Represent the city in all matters in which the city has an
interest coming before any court or tribunal, except in
such cases as other arrangements may be specifically
made by the city council.
(b) Advise the council, manager, and department heads in all
cases when legal opinion is required and requested.
(c) Draft all deeds, leases, contracts, and other legal instru-
ments as required.
(d) Represent the city in all sessions of the municipal court.
(e) Perform all other related functions as required.
(Ord. No. 404, § 3, 4 -1 -58)
Cross reference —Office of associate city attorney created, duty and compen-
sation of associate city attorney, § 2-4.1.
Sec. 2 -11. Reserved.
Editor's note—Section 2 of Ord. No. 1636, adopted May 6, 1997, deleted
§ 2 -11 in its entirety. Formerly; § 2 -11 pertained to the municipal court department
and derived from Ord. No. 404, adopted April 1, 1958.
Sec. 2 -12. Police department; functions and duties.
The police department, under the supervision of the police
chief, shall have the following functions:
(a) Enforce the laws and ordinances.
(b) Prevent crime and maintain peace and order.
(c) Protect lives and property from malicious damage and
injury.
(d) Operate and maintain all city parking meters.
(e) Operate all city owned and operated parldng lots.
(f) Maintain and care for all property assigned to the police
department.
(g) Prosecute all violations within its jurisdiction.
(h) Prepare and maintain all records required by law and the
city manager.
Supp. No. 60 12.1
§ 2 -14 ADMLVISTRATION AND CITY GOVERNMENT § 2 -15
(b) Construct and maintain all storm sewers or other surface ,
water drainage systems built on city property.
(c) Maintain all city owned buildings.
(d.) Operate the central repair and maintenance garage.
(e) Construct and maintain all city parks and playgrounds.
M Collect and dispose of all garbage and trash as required in
Chapter 11 of the City Code.
(g) Maintain all property and equipment assigned to this
department.
(h) Prepare and maintain all records pertaining to this de-
partment, as required by the city manager.
(i) Perform all other functions as required by the city man-
ager.
0) Provide landscape maintenance for city rights -of -way,
swale areas, and all other public properties.
(Ord. No. 404, § 3, 4 -1 -58; Ord. No. 775, § 1, 4 -3 -73; Ord. No. 946,
§ 1, 7- 19 -77; Ord. No. 1800, § 3, 6- 17 -03)
Sec. 2 -15. Records department; functions and duties.
The records department, directed by the city clerk, shall
perform the following duties:
(a) Prepare, maintain, publish and index all proceedings of
the city council.
(b) Arrange for all elections and maintain all election records.
(c) Act as supervisor of registration..
(d) File and preserve, as required, all contracts, bonds, oaths
of office, and other documents.
(e) Shall be clerk of the municipal court.
(f) File, preserve, and codify all ordinances and resolutions.
(g) Shall have authority to administer oaths and issue war-
rants for the arrest of persons violating ordinances of the
city.
Supp. No. 60 12.3