Ordinance 83-2390 ORDINANCE NO. 83-2390
AN ORDINANCE AMENDING SECTION 9 OF THE CITY
CHARTER SO AS TO CONFORM PROCEDURES FOR
ADOPTION OF ORDINANCES TO STATE LAW AS SET
FORTH IN SECTION 166. 041, FLORIDA STATUTES;
REPEALING ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 9 of the City Charter providing procedure for passage
of ordinances now reading as follows:
Sec. 9. Procedure for passing ordinances generally.
Every ordinance shall be introduced in writing and shall
contain a brief title . The enacting clause shall be "BE
IT ORDAINED BY THE CITY COMMISSION. " After passage on
first reading, which may be by title only, a short
summary of the ordinance shall be published in a
newspaper of general circulation at least once, together
with a notice of the time when and place where it shall
be given a public hearing and be considered for final
passage. The notice shall also recite that the proposed
ordinance is on file in the office of the city clerk for
examination by the public. The first such publication
shall be at least one week prior to the time advertised
for hearing. In addition, after passage upon first
reading, a true copy of the proposed ordinance shall be
posted in a prominent place in the Commission Chambers
and also in the City Hall, together with a notice of the
time and place of the public hearing to be held thereon
prior to its proposed adoption on second reading. No
ordinance shall be declared invalid by reason of any
defect in publication or title if the published summary
gives reasonable notice of its intent. At the time and
place so advertised, or at any time and place to which
such public hearing may, from time to time, be
adjourned, the ordinance shall be read by title and a
public hearing shall be held. After the hearing, the
city commission may pass the ordinance with or without
amendment. The effective date of any ordinance shall be
prescribed therein, but the effective date shall not be
earlier than ten (10) days after its enactment. To meet
a public emergency affecting life, health, property or
public safety, the city commission, by two-thirds vote
of the members of the city commission, may adopt an
emergency ordinance at the meeting at which it is
introduced and make it effective immediately. After the
adoption of an emergency ordinance, the city commmission
shall cause it to be published in full within ten (10)
days in a newspaper of general circulation (H.R.
Election 3-14-72; H.R. election 11-1-77)
be and the same is hereby amended to read as follows :
SECTION 9. Procedures for passing ordinances generally.
Each ordinance shall be introduced in writing and shall
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
embrace but one subject and matters properly connected
therewith. The subject shall be clearly stated in the
title . The enacting clause shall be "BE IT ORDAINED BY
THE CITY COMMISSION. . . " No ordinance shall be revised
or amended by reference to its title only. Ordinances
to revise or amend shall set out in full the revised or
amended act or section or sub-section or paragraph of a
section or subsection. A proposed ordinance may be read
by title, or in full, on at least two (2) separate dates
and shall, at least ten (10) days prior to adoption, be
noticed once in a newspaper of general circulation in
the municipality. The notice of proposed enactment
shall state the date, time, and place of the meeting,
the title or titles of proposed ordinances, and the
place or places within the municipality where such
proposed ordinance or ordinances may be inspected by the
public. Said notice shall also advise that interested
parties may appear at the meeting and be heard with
respect to the proposed ordinance or ordinances. No
ordinances shall be declared invalid by reason of any
defect in publication or title if the published summary
gives reasonable notice of its intent. At the time and
place so advertised, or at any time and place to which
such public hearing may, from time to time, be
adjourned, the ordinance shall be read by title and a
public hearing shall be held. After the hearing the
city commission may pass the ordinance with or without
amendment . The effective date shall not be earlier than
ten (10) days after its enactment. To meet a pubic
emergency affecting life, health, property or public
safety, the city commission, by two-thirds vote of the
members of the city commission, may adopt an emergency
ordinance at the meeting at which it is introduced and
may make it effective immediately. After adoption of an
emergency ordinance, the city commission shall cause it
to be published in full within ten (10) days in a
newspaper of general circulation in the municipality.
No emergency ordinance shall be enacted which enacts or
amends a land use plan or which rezones private
property. (H.R. Election 3-14-72; H.R. Election 11-1-
77)
SECTION 2. SEVERABILITY.
If any section, sub-section, sentence, clause, phrase or portion
of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 3 . REPEALER.
All ordinances or part of ordinances in conflict herewith be and
the same are hereby repealed.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
SECTION 4 . EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after adoption.
PASSED and ADOPTED this 9th day of November
1983 .
MAY R
ATTEST:
CITY CLERK
1st Reading - October 5th, 1983
2nd Reading - November 9th, 1983
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FORM APPROVED
LEGAL DEPT.
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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