2004-3446 Ordinance
ORDINANCE NO.
2004-3446
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE SECTION 2-487 ENTITLED "PROHIBITED CAMPAIGN
CONTRIBUTIONS BY VENDORS", SUBSECTION A(3) THEREOF BY
DEFINING THE TERM "DISQUALIFIED"; 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:
SECTION 1. That Miami Beach City Code Section 2-487 entitled "Prohibited Campaign
Contributions by Vendors", subsection A(3) thereof, is hereby amended to read as follows:
Sec. 2-487. Prohibited Campaign Contributions by Vendors.
A. General
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(3) ill} A person or entity who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be disqualified
for a period of 12 months following the swearing in of the subject elected official
from serving as a vendor with the eCity.
Dll For purposes of this ordinance. the term "disqualified" shall be defined to
include:
1. Termination of a donor/vendor's existing contract with the City.
subiect to the waiver provisions of subsection B( 4) herein: and
2. Disqualification of a donor's response to solicitation requests for
prospective vendor contracts with the City. subiect to the waiver provisions of
subsections (B)(l )(2) and (3) herein.
***
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repealed.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. CODIFICATION.
It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" maybe changed to "section", "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the ~ day of June
,2004.
PASSED and ADOPTED this 26th day of
, 2004.
ATTEST:
~o f~cL.-
CITY CLERK
(Passed on first reading on May 5, 2004)
(Requested by Commissioner Jose Smith)
JKO\ed
F:latto\OLJJ\RES-ORD\2-487 (Amendment to Subsection (3) - Disqualified) - 2nd Reading.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH' lQ
NOTICE OF PUBLIC HEARINGS _
NonCE IS HEREBY given that pUblic hea~ngs will be held by the Mayor and CIty
Commission of the CIty of Miami Beach, Flo~da, In the Commission Chambers. 3rt! floor,
City Hall, 1700 Convention Centsr D~va, Miami Beach, FlorIds, on Wednesday, May 28.
2004, to consider the following:
8l10:1111.m.:
AN ORDINANCE AMENDING THE CITY'S ART IN PUBLIC PlACES LEGISlATION, M
CODIFIED IN CHAPTER B2, ARTICLE VII, DMSIONS 1 THROUGH 4, SECTIONS 82.501
THROUGH 82-812, OF THE CODE OF THE CI1Y MIAMI BEACH, flORIDA; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Inqulfi81 may be directed to Tourism & Cultural Development It (305) 673-7577.
It 11:30 Lm.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE SECTION 2-487 ENTITLED
"PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS," SUBSECTION A(3) THEREOF
BY DERNING THE TERM "DISQUAlIFlED"PROVlDING FOR REPEAlER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
inquiries may be dlrscted to the legal Department at (305)673-7470.
~ ~~=CE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE . ~
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," OF THE CITY :li
CODE; DMSION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," SECTION 142-542, l!!
"CONDITIONAl USES," TO INCWDE PUBLIC AND PRIVATE CULTURAl INSTITUTIONS ~
OPEN TO THE PUBLIC AND BANQUET FACILITIES, M CONDITIONAl USES IN THIS i
ZONING DISTRICT; PROVIDING FOR CODIFICATION, REPEAlER, SEVERABILITY AND .
EFFECTIVE DATE,
Inqul~ss may be dlrscted to the Planning Department It (305)673-7550,
INTERESTED PARTIES are Invlled to appear at this meeting, Dr be repressnted by III
agsnt, Dr to express their views In wrltlng addresssd to the City Commission, c/o the
City Clerk, 1700 Convention Center D~ve, 1st Floor, CIty HIli, Miami Beach, Florida
33139. Copies of these ordinances are evallable for public Inspection during nannal
business hours In the City Clerk's OffIce, 1700 Convention Centsr DrIve, 1 st Floor, City
Hall, Miami Beach, Florida 33139, This meeting may be contlnuad snd under such
clrcumstsncss additional legal notice would not be provided.
Robert E. Parcher; City Clerk
CIty of MIamt Bsach
Pursuant to SectIon 286.0105, Ra. stat., the CIty hereby advlseslhe public that lie person decides
to eppeal any declslon mad:1he CIty Commission with respect to any matter conaldered et Its
meatlng or Its hearing, ouch must ensure 1I1at a verbatim record of the proceedings Is made,
wIllch racord Includa. 1I1a mony and evldenca upon wIllch tIla appeal Ie to be based. This
notice doee not conetiMe .I;lInsent by tile City for tile introduction Dr admission of Dtherwl..
Inadmissible or Irrelevant evidence, nor does 1/ authorize chellenges or eppeals not otherwise
allowed by low.
To requeet till. material In accessible format, sign language Interpretllll, infonnatlon on 8Ccaes for
persons with dleebllltlss, and/or any accommodation to review any document or participate In any
city-sponsored proceeding, pie... contect 305-604-2489 (voice), 305-673-7218(Tr1) five daya In
edvance to Initiate your request. m users may alao call 711 (Florida Relay Service).
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer
Members of the City Commission
Murray H. DUbbi~
City Attorney
DATE:
May 26, 2004
TO:
SUBJECT: Proposed Amendment to City Code section 2-487 regarding "Prohibited
Campaign Contributions by Vendors."
Miami Beach City Code section 2-487 states that campaign donors are "disqualified" from
serving as a vendor with the City during the 12 months following the swearing in of an elected
official/donee. Pursuant to the request of Miami Beach City Commissioner Jose Smith, the
attached ordinance has been drafted for the purpose of defining the term "disqualified", so as to
express the legislative intent of this measure as originally adopted in 2000-the subject
amendment thus expressly provides for the termination of a donor's existing contract, as well as
said donor's disqualification for award of contract, in the absence of waiver.
This measure was passed on first reading by the City Commission on May 5, 2004.
F:\attoIOLU\RES-ORDIMEMOSISec. 2-487 (Amending Subsection (3) - Disqualified).doc
Agenda Item
1700 Convention Center Drive -- Fourth Floor - Miami Beal Date
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