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2010-3681 Ordinancei 2010-3681 ORDINANCE NO.O AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE .CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE III, SECTION 2-22(20) ESTABLISHING PROCEDURE APPLICABLE TO CITY COMMISSION AT-LARGE APPOINTMENTS OF BOARD MEMBERS BY PROVIDING THAT WITH REGARD TO CITY OF MIAMI BEACH VISITOR AND CONVENTION AUTHORITY, .ANY VACANCY REMAINING AFTER CITY COMMISSION APPOINTMENT(S) UNDER THE ESTABLISHED CATEGORIES MAY BE FILLED BY .APPLICANTS FROM EITHER OR BOTH (COMBINED) "HOTEL INDUSTRY" OR "COMMUNITY AT LARGE" CATEGORY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTLON 1. That Miami Beach, City Code Chapter 2, Article III, Section 2-22 entitled "General requirements", subsection (20) thereof is hereby amended to read as follows: Sec. 2-22. General requirements. (20) At-Large appointment of agency, board and committee members to filF categories: a. When an appointment involves the selection of individual member(s) to fill any specified category or categories, the City Commission vote(s) thereon shall be limited to the filling of each particular membership category by separate vote, with said votes to be taken and publicly announced in the order of category listings as set forth within the respective enabling legislation. Individuals seeking. such appointments may qualify for more than one category. b. Notwithstanding the above, with regard to the City of Miami Beach Visitor and Convention Authority, any vacancy remaining after City Commission appointments under the established categories may be filled by applicants from either or both (combined) the "Hotel Industry" category or "Community at Large" category SECTION 2. REPEALER. - All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODfFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shalt become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days from passage thereof. PASSED and ADOPTED this ~Z~kday of ~ 2010. ATTEST: Robert Parcher City Clerk atti errera Bo er Mayor APPROVED AS TO FORM & LANGUAGE _ & FO~- EKECUTION Requested by Commissioner Deede Weithorn. ,~ Attorney p F:\atto\OLIJ\ORDINANCES\2-22(20)CategoryAppts.doc OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower SECOND READING Members of the City Commission City Manager Jorge GonzalezPUBLIC HEARING FROM: Jose Smith - . City Attorney ~s-s t.~..... 'DATE: May 12, 2010 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE III, SECTION 2-22(20) ESTABLISHING PfZOCEDURE APPLICABLE TO CITY COMMISSION AT-LARGE APPOINTMENTS OF BOARD MEMBERS BY PROVIDING THAT WITH REGARD TO CITY Of MIAMI BEACH VISITOR AND CONVENTION AUTHORITY, ANY VACANCY REMAINING AFTER CITY COMMISSION APPOINTMENT(S) UNDER THE ESTABLISHED CATEGORIES MAY BE FILLED BY APPLICANTS FROM EITHER OR BOTH (COMBINED) "HOTEL INDUSTRY" OR "COMMUNITY AT LARGE" CATEGORY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner Deede Weithorn, the attached ordinance has been drafted amending Miami Beach City Code section 2-22(20) so as to provide the City Commission with flexibility in its at-large appointments. for the Visitor and Convention Authority. Specifically, this amendment will provide that after the City Commission " at-large appointments under the established categories, any remaining vacant positions may be filled by applicants from either or both (combined) the "Hotel Industry" or "Community at Large" category. The City Commission approved this measure on first reading at its April 14, 2010 meeting-accordingly, the attached is presented for consideration on second reading. JS/JO/mem cc: Robert Parcher, City Clerk F:\atto\OLIJ\CMEMO\2-22(20)CategoryAppts. doc Agenda Item S Date 5-12 -/~ ~' ., ._ _ A i 24PIE I:'.THURSDAY; APRIL 29, 2010 - ! ,_, -,~ - J _ _ .__ _ _ • K.• vim- ~, `y _~ - ~ .. _. . r, .a ~~+v Y ~ ~ $. - ~. . L _ , _ . . , .~ .., .~ - ~IT~ OF NIIAfill ~EAC~ . ~~TICE OF PUBL9C- HE~4RI~GS ~ _ a . ~.5=_ ~ 5 it - ~, ~10TICE_IS HEREBY given that second readings and pubic hearings will beheld by the~Ma or y .~ and City{Commissionof the.City of~Miami Seach, Florida, in~.the Commissron:Chambers,~3rd ;. r'~*or .City~ Ha11 ~1700~C n t e ~- ~-~ ,_. '~ , ; o ven ~on C nter Drive Miami Beach:"Florida on Wednesday, May 12 r -. r, , , , 2010, to consider the .following: - - { 1 3 ~ ~r. , 10:.15 a.m. - ~ - ~.~ Ortlrnance Amending Miami Beach City.Code Chapter 2.Artcleall .Se ~ . ,~ , r , . - r coon 2 22(20) Establishing ~T a - ,~ Procedure Applicable.To The` City Commission At Large Appomtrnents Of;,Boartl Members By ~ I ::., Providin That With _ Re and To ThP Ci Of Miami Beach.. Visitor. And Convent 9 ion Authority _ ' , Any Vacancy Remaining -After, -City Commission Appointment(s) Uhtler The -: Established ~ Categories May: Be Filled 8y Applicants,-From tiE~ther--0r Both (Comb~nedj "`Hotel Industry" " , ~; .. Or Community At Large" Category. .. ~- ,~ ._ Inquiries..-may be directed to the City Attorney's Office (305) 673-7470 ~~ . - ~ - {i:: i.=: (_: 5 O© para. ;. - ~ _ ~ ,, ~ Ordinance Amending .Chapter 1,42 Of The City., Code; "Zoning, Districts And.. Regulations" Article IV, "Supplementary District Regulations,"..Division 3, "Supplementary Use Regulations " ~~ , By Creating New Ordinance Section 142-111.1,, "Short Term `Rental Of Apartment -Units ~' '~r . Or Townhomes. - - - - - „ kl ;- ~ Inquiries may be directed to the.Planning Department:(305)~673- 7550. ._ ..: - , - ~ ... ~t - ~ - ,~ .INTERESTED RARTiES are invited to appear at this meeting, ~or be represented- by an agent; ~a ~' or to-express their views m writing addressed to the City.°Commission, c/o-ttie City`Clerk 1700 _ ; Convention Center Drive, 1st Floor, City Hall, Miami Beach; ~Flonda`33139. Copies ofthese'~ ~` ;$a f .. -, ordinances are available for.public inspection during normal twsiness hours rn the City Clerk's ~ . - ~_' ~ , .<, ~ Office, 1700 Convention Center Drive, 1st Floor, City Hall and Miami Beach; Fla'rida`33139 or ~~ via the C~tys web site at wvvw.mianiibeachfl govt This meeting may be continued antl ,under such crrcumstarices additional legal notice.vvould,not beprovid~d. ~~ ~- Robert E Pa rche~; City Clerk ~ ~ _ _ x fb 5 '' ~ ~.:C ~~of M~am;=beach ..: ,Pursuant to Section 286.0105~FIa. Stat. t ~' . ~ he Crtyhereby advises th"e: public that: if a person -. r.z , _ decides to appeal. any decision -made, by the City =Commission with. respect to any matter ~~ ~~~ considered at,its meeting or its hearing, such person -must .ensure that a Verbatim record of: ~= -the proceedin s is made; h or : g . -,w ich rec d ~inclrides the testimony and evidence upon which tho - ~~'~ ;appeal is to be based. This notice does,=not constitute consent by the Crty~ fio~ the introduction ~ ; nor admission of~otherwise inadmissible~or irrelevant ev~dence,:nor does it.authorize challenges ° ~`, 'or appeals: not otherv±~ise. allowed by law. ~ ~ :° . .. _ ~.: =To reguest~-this material iii accessible format, sign .language interpreters- of ` K ~~~ ormation,° ~- . on access for persons with _disabilities, and/or. any accommodafion to _reviewi any 'document =i~j ` . , or participate in .any city=sponsofedproceeding;: please contact (305) 604 2489 (voice) '' - , ; , ~ _ (: 305 X673 ,~ 21,& (TTi') lfive days;r~ a~r~arrce~~to,mitiate~ your req'oest TTY users may also~ca(! _ ~ : - fi 11 (Florida Re(ay Servicej ~ . _ _ .. -. ~.