Resolution 8328 T
RESOLUTION NO . 8328
BE IT RESOLVED by the City Council of the City of
Miami Beach, Florida, that it is deemed to be to the best
interest of said City to secure the passage, at the 1953 Session
of the State Legislature, of a Bill entitled:
"AN ACT AMENDING SECTIONS 5, 8, 13, =I0
and 42 OF CHAPTER 7672, LAWS OF FLORIDA,
ACTS OF 1917, BEING THE CHARTER OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED:
"AN ACT TO ABOLISH THE PRESENT MUNICIPAL
GOVERNMENT OF THE TOWN OF MIAMI BEACH,
IN THE COUNTY OF DADE AND STATE OF FLORIDA,
AND TO ESTABLISH, ORGANIZE AND INCORPORAT}E
A CITY GOVERNMENT FOR THE CITY OF MIAMI
BEACH, TO DEFINE ITS TERRITORIAL BOUNDARIES,
TO PRESCRIBE ITS JURISDICTION, POWERS AND
PRIVILEGES, AND FOR THE EXERCISE OF SAME
AND TO AUTHORIZE TIE IMPOSITION OF PENALTIES
FOR THE VIOLATION OF ITS ORDINANCES", AS
AMENDED. "
BE IT FURTHER RESOLVED that copies of this Resolution
and of said Bill be furnished to the Honorable R. B. Gautier, Jr . ,
the Honorable Robert L. Floyd, the Honorable George Okell, and
the Honorable Dante B. Fascell, Members of the Florida Legislature
fromi-Dade County, and that they each be respectfully requested to
see that said Bill be introduced and passed 'at said Session.
PASSED and ADOPTED this 8th day of April, A . D. 1953 .
LLs--
Mayor
Attest : (2.4.!jk.:2r-ze.-L:c......,
C
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
A BILL
TO BE ENTITLED
AN ACT AMENDING SECTIONS 5, 8, 13, 40 AND 42
OF CHAPTER 7672, LAWS OF FLORIDA, ACTS OF 1917,
BEING THE CHARTER OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED: "AN ACT TO ABOLISH THE
PRESENT MUNICIPAL GOVERNMENT OF THE TOWN OF
MIAMI BEACH, IN THE COUNTY OF DADE AND STATE
OF FLORIDA, AND TO ESTABLISH, ORGANIZE AND
INCORPORATE A CITY GOVERNMENT FOR THE CITY OF
MIAMI BEACH, TO DEFINE ITS TERRITORIAL BOUN-
DARIES, TO PRESCRIBE ITS JURISDICTION, POWERS
AND PRIVILEGES, AND FOR THE EXERCISE OF SAM
AND TO AUTHORIZE THE IMPOSITION OF PENALTIES
FOR THE VIOLATION OF ITS ORDINANCES' , AS AMENDED .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
Section 1 , That Section 5 of Chapter 7672, Laws of Florida,
Acts of 1917, be and the same is hereby amended to read as follows:
"Section 5 . A municipality to be called City of Miami
Beach in the County of Dade and State of Florida, is hereby
created, organized and established, the territorial boundaries
of which shall be as follows :
Begin in Dade County, Florida, at a point on the north line
of Township Fifty-three (53) South, Range Forty-two (42) East,
fifteen hundred (1500) feet east of where the said Township line
intersects the low water mark of the Atlantic Ocean, as said Town-
ship line is shown on the plat of Altos del Mar Subdivision Number
Two (2) recorded in Plat Book 4, at page 162, of the Public Records
of Dade County, Florida; thence run in a southerly direction mean-
dering fifteen hundred (1500) feet east of the low water mark of the
Atlantic Ocean to a point on the southwesterly line of the Miami
Municipal Channel (Main Channel) produced southeasterly thence run
in a northwesterly direction along the said southwesterly line of
the Miami Municipal Channel produced southeasterly to the point of
intersection with a line parallel to and one hundred (100) feet nor-
therly of the north line of Fisher 's Island, produced easterly thence
run in a westerly direction along the aforesaid line, parallel to and
one hundred (100) feet northerly of the north line of Fisher ' s Island
-1-
produced easterly, and along said line produced westerly to a point
on the easterly boundary line of the City of Miami, Dade County,
Florida, said boundary line being a line produced southwesterly from
a point on the centerline of Collins bridge twenty-three and five
hundredths (23 05) feet easterly of the easterly boundary of San Marco,
as shown on Plat thereof, recorded in Plat Book 9, at page 21, of the
Public Records of Dade County, Florida, through a point on the center-
line of the General Douglas MacArthur Causeway (formerly Dade County
Causeway), one thousand nine hundred and seventeen and forty-seven
•
one hundredths (1917 .47) feet northwesterly measured along the center-
line of said Causeway, from the intersection of the centerline of said
Causeway with the centerline of Fountain Street on Palm Island produced
southwesterly, as said Palm Island is shown on plat recorded in Plat
Book 6, at page 54, of the Public Records of Dade County, Florida.
thence run in a northeasterly direction along said easterly boundary
line of the City of Miami to the aforesaid point on the centerline of
Collins bridge ; thence run in a northeasterly direction along the
aforesaid easterly boundary line of the City of Miami produced north-
easterly to the point of intersection with the southerly boundary line
of North Bay Village as said boundary line is described in Chapter
24736, Laws of Florida, Special Acts of 1917 . thence run easterly,
northerly and northwesterly along the southerly, easterly and north-
easterly boundaries respectively of the aforesaid North Bay Village
as described in the aforesaid Chapter 24736 to the point of inter-
section with the aforesaid easterly boundary line of the City of Miami
produced northeasterly thence run in a northeasterly direction along
the aforesaid easterly boundary line of the City of Miami produced
northeasterly to the aforesaid north line of Township Fifty-three (53)
South, Range Forty-two (42) East thence run in an easterly direction
along the said Township line to the point of beginning,which territorial
-2-
boundaries shall include all islands, sand bars and submerged land
lying within said described territory, thence run in an easterly
direction along the said north line of Township Fifty-three (53)
South, Range Forty-two (42) East, to the point of beginning
Section 2 That Section 8 of Chapter 7672, Laws of Florida,
Acts of 1917, be and the same is hereby amended to read as follows:
Section 8 . That all persons who hold office in the City
Government by virtue of an election by the people or who are appointed
by the City Manager or the City Council to any City office created by
law or prescribed by ordinance pursuant to the provisions hereof,
shall be held and deemed to be City Officers of the City of Miami
Beachthat the government of said City shall be vested in a
Mayor, a Vice-Mayor, a City Council, a City Manager, a Municipal
Judge, a Chief of Police, a City Clerk, a City Collector, a City As-
sessor, a City Auditor and a City Attorney and such other officers as
may be appointed or elected in pursuance of law. The City Council shall
consist of seven (7) members who shall be legally qualified voters of
the City and who shall be elected from the City at large, and the seven
(7) members who shall hold office immediately prior to the election to
1 be held in June, 1949, shall hold office until the expiration of the terms
for which they were elected and in the general election to be held in said
City in June, 1949, there shall be five (5) members of said City Council
elected, the three (3) of whom receiving the highest number of votes at
said election shall hold office for the term of four (4) years and the re-
mainder of said City Council so elected at said City election shall hold of-
fice for a period of two (2) years , and at every general election held in
said City thereafter there shall be but four (4) members of said City
-3-
Council elected, the three (3) of whom receiving the highest
number et votes at said election shall hold office for the term
of four (4) years and the remaining Councilman se sleeted at such
election shall hold office for the term of two (2) years and the
City Council shall, at the first meeting after each general else-
tient which shell be -:'thin three ,, ,ye aft-:r the general election,
elect from its membership a chairman who shall be the presiding
oflieer at the meetings it the Council end shall bear the title
of Mayer and shall hove a voice and a vote in the ppeeeedings of
the City Council but no veto power, and he nay use the title of
Mayor in any ease in which the mention it legal instruments in
writing or other neeessi ty arising from the general lams et the
State so requires; be shall sign all deeds, contrasts, bonds or
other instruments of writing to which the City is a party when
authorized so to do by ordinance or resolution of the City Council,
tut he shall not have the administrative or Judicial functions
and powers of as Mayor under the general lams of the State. He
shall be r sogmisad as the official head of the City by the ccurta
for the purpose of serving civil processes, by the governor in the
exercise of military law saki for all ceremonial purposes and he
shall, in addition thereto, valor: such other uties aa ray be
by ordinance preseeribed by the City Council. The City Council
shall, at its first meeting after each general election, which
shall be within three (3) days after the general eleetioln, elect
from its membership a Vice-Myer who durinc the absence or dies.
Witty of the Mayor, shall perform the duties of the Meyer. In
the absence or disability et north the Mayes and Vieimilis ISr the
said duties shall be performed bJ smother member appointed by the
Council. The City Council shall meet at such times as ney be pre..
scribed by ordinance or resolution except that it shall meet
regularly not less than twice each month. The Mayor, or the City
Manager, may call special meetings of the Council upon at least
ten (24) hours' written notice to sash member, served
parsimony, as left at his usual place of abode, provided, however,
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
that the requirement of such written notice any be waived at a
special meeting by the unanimous vote of the Council. no member
of the City Council, shall, during the time for Which he was
cleoted be appointed or elected to any city office that has been
created r the emoluments whereof shall h ave been increased during
:tizeh time."
3TZ234a That Section 13 of Chapter 7672, Laws of
Florida, Acts of 1917, be and the same is hereby amended to read
as foil:Ass:
" IXTIOX 13: The duties of the City Manager shall be
to see that all the ordina*ees of the said City are faithfully
executed. He shall have pever to appeint by and with the consent
of the City Council, all the officers of the City whe are not
made elective by this charter, except the City Manager, City
,Attorney and City liner, who shall be elected by the City
Co.Incil, provided, that at any regular meeting within fifteen
days fdllowing aq general election and at any regular meeting
within fifteen days after any office, erupt that of a member of
the City Council, biomes vacant the City Manager shall certify
his appointment to the City Council for the various officers and
the City Council shall, upon such appointments ace the same soder
consideration not later than their first meeting after such appoint.
,nt is certified to them at regular meeting. If the appointees
or appointee of the City ?tanager are confirmed by the City Council,
he or they shall qualify as such officer or officers and enter upon
.he discharge of his or their duties. In the event tar;r snob
appointment or appointments are rejected by the City Council, the
City =•an:fger shall be notified of such rejections by the City Clerk .
within fortyeight hoes and thereafter the City Manager shall be
authorized and empowered to certify other appointments to the City
Council at the next regular meeting thereof for the office or
offices left vacant by reason of the action of the City Council
in rejestieg the first nomination of the City Manager; and in the
event that the City Council shall fail or refuse to confirm such
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
appointment, or in the event that the City Manager shall fail or
refuse to certify to th Council such appointment or appointments
zs aforesaid, then: the City Council shall preeeed to *lest such
Qrficear or officers by a majority vote of the somber* present.
The City Manager shall have the power to bald in all
property for th City at any and all judicial sales minder proems
of law, whore the City is a party; he ray take commend of the
police and govern the City by proclamation during tires of grave
public dagger or amereeemr am* the City Council Shall be the judge
of what constituter each danger or emergency; he us/ room alis to
time znke resemmeedetions to the City Council for the a est s of
;i ch laws or the adoption of such rules and regulations latioas for the
government of thr v+trious city flepart ants as will in his islememil
beat promote the interests of the City; mod shall ds ata pests a
dutieshimordinances of the Cit ed wig
a►11 iaet�sed pun by y b!/
Charter."
fCT1QJ hi: That Section 40 of Chapter 7672, Lame of
Florida, Rots of 1)17, be and the sane is hereby amended to read
es follows:
"t3'a�TIQ 444 There shall be held in the City of Miami
Bsaleht, an the first Theaday in June, i,►D. 1)49 and biennially
thereafter, an deletion, in which said eleetion all elective or-
gies!* et the City of Mimi leash shallbe elected; the City Council
shall gesso to be printed on the ballot to be used the name of any
gasiitied *looter of the City who, not more than forty-five (45)
days nor less than thirty (30) days prior to the election, small
have paid to the City Clerk for the City of Alai Belch W est
of One dandred ($100.40) Dollars as a Qualifying fee and shall
have been photographed and fingerprinted by the Identification
leu of the Police Department of the City, and shall have taken a
signed and subscribed to en oath or affirmation in writing in
whish he shall state (1) the title of the office for which he is
a eamdidate; (2) that he is a qualified *letter of the City of
a
OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA
Miami Beach, 'Florida; (3) his legal residenee, by street and
number; (4) whether or not he has ever been convicted of •
felony; (5) that he is qualified MOW the ordinances and charter
of the City of Miami Beaoh, Florida, to hold the office for which
he is a eandtdato; (6) that he has paid the qualification foe
required by this Section hereof; (7) that he has not violated
*my of the ordinances or lags of the City of Miami Bich or of
the State of Florida relating to the election of registration of
electors; (8) that he is nota giber of, nor does he Sub-
scribe to the principles of any group that seeks to ov rthrolit
the Government or the Constitution of the !iter, states of
America,
Such oath or affireatioa shall be substantially in the
following forms
'STATE OF FLORIDA
ss
COUNTY OF DAM
Before us, an officer al;+hortsed 'fin }d-
rinister oaths, personally appeared
to ora well ern, whoa being sworn, says th«*. he
is a candidate r or th office of City Councilman
`"or the City of Kiwi Beach, Florida; that he is
a -.qualified elector of said City; that hii legal
reside nee is ,.,,,,,,,,m, Miami Reach, Dade
County, Florida; that he has has not, been
(strike out the inapplicable word or weds)
convicted of a felony; that he is qualified imam
the ordiaansos wag sharter et said City to hoed
such office; that tie has paid the required ,ivan-
fication fee; that he has not violated any of
the ordinances or laws of the City of Miami Bach
or of the State of Florida relating to the elec-
tion, esr registration of electors; and that he is
not a Ember of, nor sloes he subesribe to the
principles of any group that seeks to eVerthrov
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
the gewernment or the Constitution of the
auited States of America.
C E# e►ture of C . dicfatel
laps is and subscribed
Were so, thisday
A.D. 1' ,,..,•
Iy
Autn3rS zed er
The City Council shall, by sediemeeet prrrsrlbe the
runner of holding both general and ovoid elestioea net inseW•
sistent with the p ia:ta s barest, and, * all, by ardinenso ear
resolution, prescribe polling plate in the various voting O•
duets in the vi ty.
: ltd 5: That Lection 42 of Chapter 7672, yrs of
Florida, Acts of 1917, be and the same is hereby amended to read
as follows:
*SCION 42. That the City Tax Collector &all pre-
ssed with the collection of city taxes substantially in the same
manner as provi,'ied by lam for the collection of taxes and sale
of property for the non"peyaont of taxes by State Collectors.
#3e shell give all mottoes required by las and sell the property
of delinquents in the aaaestrr provided by law, and give to the
user a certificate substantially in the fors provided by
law for State and County Collectors, and shall prepare in
triplicate a revert of tax sales of real property for sash year,
one
if Mich he shall retain, on shall be filed in the office
if the Clark of the Circuit Court for the County of Dade for
resardl and the ether delivered to the City editor or Comptroller.
At all sales of 4and foe unpaid City taxes in the absence of
parebaaara the land shalt bs bid in by the. City Tax Collector for
the City and certificate issued accordingly, The City Tax
Collester shall proceed with the collection of the taxes ea peau•
send property, likewise, subs, 4islly in the same manner as pro-
vided by law for State and County Tax Collestees.
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
an alternative or ounnl4Uve method a collecting
real estate the City Cattail sayis its discretion by
axe inoee psomids that upon property beesafag delinquent for
the nenopsyesnt of City tarn me tun Nle *ail be held and no
tax sale certificate shall be issued but the amount of the taxes
shall fray the date they became delinquent draw interest at the
rite of 0 per annum for the first year and 8$ per agars there.
3.fter until paid, and all teens levied by the City of Miami
upon real pretty shall !tact the first day of Jewry of the
year for :s'xt h the assessment is made sensti tote liens on the
property that the sones shall have boon levied against and shall
be deemed to be dslin.;sent on April let of the year following
the year for which *sawed, and at any tire after taxes for sir este
year shall have been delinquent for two full years the delingaent
taxi together with all other prior delinquent taxes and all sub.
*squint taxes which shall have become due and payable may be fore-
slsNis b eider and direction of the City Council et the City of
Miami leeeh, Florida, in the newer provided by the practice of
warts et the State et Florida for the foreclosure of mortgages
end other Items against real property. It shall constitute no
ebj etisn to the validity of any suit to foreclose such tax lions
that mere than ems parcel or parcels owned by separate and die-
tinct owners shall be included in one alt and as mamy delinquent
parse . end as immy auarrrs's as shall be deemed sonvenient by the
serest mad 3m!!s!#estieet Or tareelosu rs suit ash► be in.
aided in ems aeries."
,S ?TO* s That all laws and parts of laws, general
mod special, in conflict with the provisions out this Ast Meted
the some are hereby repealed.
iflli'iii las That in the serest orky portion of this Aunt
shall be found by a court of cempetect jurisdiction to be in.
valid es constitutional the remaiaiag portions thereof shall
continue in full fares and offset as though such invalid portions
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
thereof had never been included herein,
sigues.8s This Let shall booms effective on the
first day et 'sly, 1953.
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
T
l
C
I bo Q)
1 m z; I H
-N Q) •.'
i OOF4 HHO �
Q) r
-N H .►� O rCS H cd 4-i •
.`1-1HI r' is O O (1) yc,' O
4-, H O O «i cd Z cy+ V] ro cd +p
cd (1+
Q) ri -P a)
00 1-1 Q) Q) H I g-i O r-,
m � � Ocd 0 'r♦ cdo
c,.., In r-i
co b.0 F-i �" f. ••,-1 •0 4-, cd c U U)
p
ro '
•
b.0 a R, C.) CO O Q1) O Q) R O CO
F, C3 5C
a Z M p, 0H •i a) o 0 o cid F) o
Zz ca p o Q) 4-, R, F-i � v v
H Z cd 4-1 Q) O •ri O Fa rya S",
H 0 R.H .4� R .N O -P H Q) 4 t Ori cd Q)
(2 E-+ U •H '60 R,4-t Q) Q) Q) U CJ
0 O d 4-4 ,i (co Rco O r `o to
pri b Q) Q) O cd > O Ori H
cu
WY., U F r H O • C13i R, U Fa -4-) O O Z
(
a cd -�
rn R, O 4-i R, Fa 0 ¢, U -tom cd
z ca 4- 0 cd c..30 4-) U) C ri •t--I 4." O 0
1) 4i 0 4., 4,