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Ordinance 1660.�.,.��� _ - � �:__ . . , • . , � . . '� - • �-� ,• + . . •a . . ORDINANCE NQ. 1„��n .AN ORDINANCE AMENDING CHAPTER 2 OF "THE C4DE OF THE CITY OF MIAMI BEACH, FLORIDA" BY ADDZNG NEW SECTI�NS THERETO, CREATING T�3E QFFICE OF CITY. .PUBLI.0 DEFE�TDE12, �RE- SCRIBZNG HIS DUTIES A�TD FIXING THE SALARY THEREOF . BE IT 4RDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 2 of "The Code of the City of Miami Beach, Florida" be and the same is hereby amended by adding new sections thereto, to be numbered and to read as fol lows : "Sec. 2.23.1. T�ere is hereby ereated and established the office of City Public Defender, who shall be appointed by the City Council, and who shall serve at its will. He shall be a du�.y licensed prac- ticing attorney of the S�ate, and shail have been ac- tively engaged in the practice of law for not less than five 45) years. The duties of the City Public Defender shall include, but not be restricted to, the f o 1 lowing : (a) To represent all those indigent p�rsons of the �ity and who are without funds to employ couns�l, who are accused or charged with the commissian o� an offense cogni2able under the penal ordinances of the City and triable in �he Municipal Court, and , to perform any and all other essential and incidental functions whatosever attendant thereto. (b) To investigate fully the facts and cir- cumstances of the alleged commission of the offense with which the accused is cY�arged . ' 5ec. 2.23.2. The City Public Defender may appoint, by� and with the approval of the City Council, any necessary assis�ants who shall be known as Assistant City Public Defenders. An Assistant City Public Defender shall have been a duly licensed practicing attorney of the State of Florida for not less than f ive (5) years. Su�h P_ssistant City Public Defenders shall serve at the will of the City Public Defender and shall perform their duties under his direction and supervision. Thecompensation for th� Public D�: f�nc�r .���ull k��: fixed by the Council . ' - 1 - w . . • � • � � � • � � '� . e "See. 2.23.3. Determination of Insolvency �], ) The determin ation o f insolvency o f any accused person shalZ be made by the court and may be done at any stage of the proceedings. The public defender shall be allowed process of the court to summon witnesses to testify before the court concerning the financial ability of any accused person to employ counsel, for his own defense. (2} If the trial court shall determine and adjudge, within one year after the determination of insolvency, that any accused was error�eously or improperly determined to be insolvent the city attorney, in the name of the city, shall proceed against such accused for the reasonable value of the services rendered to the accused and including all recovered shall be deposited in the general revenue fund to the account from which the expenses of the office of Public Defender are paid. Sec. 2.23.4. Assistance: Claim against recipient's estate There is hereby created a lien, enforceable as hereinafter provided, upon all the property, both real a.nd personal, of any person who is receiving or has received any assistance from any Public Defender of the City. Such assistance shall constitute a claim against the applicant and his estate, enforceable according to law in an amount to be determined by the Court in which such assistance is rendered and upan determination of the value thereof by the court, a statement of claim showing the name and residence of the recipient shall be filed for record in the office of the Glerk of the Circuit Court in the ca��ty whe�e the re�ipient r�sides <-►nd~in each county in �����ich such ecipi�nt theiz owns or later acQuirc:s any property . Saie� �liens �nall be enforce�. on beha.Lf of th� City of N�iai:�i ' BLach by the Public Defender, and shall be utiliz�d to reimburse the city to de:�ray th� costs of the Public D�fender system. Th� li.�n'herein cr�ated :hall pe a continuing obl'igation,�irr��pective of any statut� of limitations." SECTI�N 2: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, SECTION 3: That this ordinance shall go into ef�ect immediately . upon its passage and posting as xequired by law. PASSED and ADOPTED this 6th day of Septem}�er „,,�,1967. ATTEST: City Clerk and Finance Dir ector lst reading 2nd reading 3rd reading POSTED - August 16, 1967 - AuquSt 16, 1967 - September 6, 1967 - September 7, 1967 ,Y2 ._ �� , . . _ �, Ma� r Mr . � : � STATE OF FLORIDA COUNTY OF DADE: I, RUTH B. R�ULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1660 entitled: AN ORDINANCE AMENDING CHAPTER 2 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA" BY ADDING NEW SECTIONS THERE- TO, CREATING THE OFFICE OF CITY PUBLIC DEFENDER, PRE- SCRIBING HIS DUTIES AND � �1�����G THE SALARY THEREOF. having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the �th day of September, 1967 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS TniHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 18th day of October, 1967. f I U I � � ' ,� N ' � -�-1 . _ a �. � .�� . y--� R; :: O O ' � b� �O N � �-I U •�-I � .� � • t}� .,� z °z OU H i!� a " � �, o �a z r� � H � � � � � O r� � •� � �� � � tCi N -N 4-1 t!� N WA v � �. 1 . � t v. . .. . -�f�_< 4;� , . . �