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2008-3603 OrdinanceORDINANCE NO. 2008-3603 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DELETING, IN ITS ENTIRETY, ARTICLE III, DIVISION 28, SECTION 2-190.127 OF THE ,MIAMI BEACH CODE, WHICH ESTABLISHED THE GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE, AND REPLACING SAME WITH A NEW SECTION 2-190.127; SAID NEW SECTION SUNSETTING THE GENERAL OBLIGATION BOND OVERSIG)~IT COMMITTEE AND REPLACING IT WITH A NEW COMMITTEE, TO BE KNOW AS THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE; FURTHER ESTABLISHING THE PURPOSE AND MEMBERSHIP COMPOSITION FOR SAID NEW COMMITTEE; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on November 17, 1999, the Mayor and City Commission adopted Ordinance No. 99- 3214, which created the General Obligation (GO) Bond Oversight Committee; and WHEREAS, the GO Bond Oversight Committee was established for the purpose of providing guidance and assurance that the proposed obligation bond funded projects were implemented in accordance with the project list and other directives approved by the Mayor and City Commission pursuant to Resolution Nos. 99-23299, 99-23300, and 99-23301, adopted on September 17, 1999, and as amended from time to time; and WHEREAS, as the aforestated GO Bond projects are now proceeding into the design, construction; and implementation phases, the City Commission finds that, while there is still a continuing need for an advisory oversight committee to shepperd these projects, the composition of such a committee should be composed of members with experience in design, development, construction, and business and finance; and WHEREAS, additionally, the City Commission finds it in the best interest of the City that such an advisory committee should maintain oversight, not only over bond funded projects, but over all City of Miami Beach capital improvement projects; and WHEREAS, accordingly, the City Commission further finds that it is in the best interest of the City to sunset the existing General Obligation Bond Oversight Committee, and create a new advisory oversight committee in its stead, to be known as the Capital Improvement Projects Oversight Committee. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 2, Article III, Division 28, Section 2-190.127 of the Code of the City of Miami Beach, Florida, is hereby deleted in its entirety, which deletion shall thereby sunset and effectively terminate the powers and duties of the General Obligation Bond Oversight Committee; further, said section is hereby replaced with a new Section 2-190.127, creating and establishing a new advisory oversight committee, to be known as the Capital Improvement Projects Oversight Committee; and further establishing the purpose(s) and membership composition thereof. DIVISION 28. CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE Sec. 2-190.127. Establishment; purpose; membership. The mayor and city commission hereby establish a capital improvement projects oversight committee for the purpose of serving as an advisory body to the city commission and city administration in matters pertaining to the oversight and successful implementation of capital improvement projects initiated and undertaken by the City of Miami Beach including, without limitation, the proposed obligation bond funded projects approved by the mayor and city commission pursuant to Resolution Nos. 99-23299, 99-23300, and 99- 23301, adopted on September 17, 1999, and as same maybe amended from time to time. The capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large appointees). The membership of the committee shall further be comprised as follows: 1. the mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chairperson of the committee; 2. at least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or c. historic preservation; 3. at least two(2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. the remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 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 of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance maybe 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 26th day of April , 2008; provided however, that the General Obligation Bond Oversight Committee shall continue to exist and operate until such time as the initial members of the Capital Improvement Projects Oversight Committee have been appointed by the Mayor and City Commission, as provided herein. PASSED and ADOPTED this 16th day of April , 2008. ATTEST: 1VIA OR Matti Herrera Bower CITY CLERK Robert Parcher F:\atto\AGUR\RESOS-ORD\GO Bond Oversight Committee Ordinance (Codified Version 3-17-08 ).doc APPROVED AS t0 FORM 8~ LAN(~iUAQiE & FOR ELUTION 3 Zy m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jose Smith, City Atto DATE: April 16, 2008 [SECOND READING PUBLIC HEARING] SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DELETING, IN ITS ENTIRETY, ARTICLE III, DIVISION 28, SECTION 2-190.127 OF THE MIAMI BEACH CODE, WHICH ESTABLISHED THE GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE, AND REPLACING SAME WITH A NEW SECTION 2-190.127; SAID NEW SECTION SUNSETTING THE GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE AND REPLACING IT WITH A NEW COMMITTEE, TO BE KNOW AS THE CAPITAL IMPROVEMENTS PROJECTS OVERSIGHT COMMITTEE; FURTHER ESTABLISHING THE PURPOSE AND MEMBERSHIP COMPOSITION FOR SAID NEW COMMITTEE; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. The attached Ordinance was prepared at the request of Commissioner Weithorn. As the current City Commission representative (and Chairperson) of the General Obligation (GO) Bond Oversight Committee, Commissioner Weithorn has requested that the Committee be reconfigured; specifically, as the current GO Bond Projects proceed into the implementation phase, the membership of the Committee should be reconfigured to include individuals with expertise in such areas as architecture, development, construction, and business and finance. Additionally, the Committee's scope should also be broadened to not only include advisory oversight over the GO Bond Projects, but over all City initiated capital projects. Accordingly, the attached Ordinance effectively sunsets the GO Bond Oversight Committee and replaces it with a new advisory oversight committee, to be known as the Capital Improvements Projects Oversight Committee. RJA/ed F:\atto\AGUR\RESOS-ORD\MEMOS\GO Bond Oversight Committee Ordinance (3-4-08).doc Agenda Item F~S A Date y~-16-OfS CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach,. Florida, in the Commission Chambers, 3rd floor, City Ha11,1700 Convention Center Drive, Miami Beach, Florida, o~ Wednesday, April 16, 2008, to consider the following: /10:15 a.m. An Ordinance Deleting, In tts Entirety, Article III, Division 28, Section 2-190.127 Of The Miami Beach Code, Which Established The General Obligation Bond Oversight Committee, And Replacing Same With A New Section 2-190.127; Said New Section Sun~ttlrrg The Generel Obligation Bond Oversight Committee And Replacing tt With A New Committee, To Be Known As The Capital Improvements Projects Oversight Committee; Further Establishing The Purpose And Membership Composition For Said New Committee. Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 5:01 p.m. An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Sections 10-1 Through 10- 5, 10-11, 10-13, And 10-14 To Provide For The Enforcement Of Violatrons Of Chapter 10 Via Notices Of Ywlattons And Special Master Procedures; Amending The Definitions, Flnes, Penalties, And Enforcement Provisions In Chapter 10. Inquiries may be directed to the City Manager's Office of (305) 673-7010. MITERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c% the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in thr+ City Clerk's Office, 1700 Convention Center Drive,1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such dreumstances additional legal notice would not be provided. Robert E. Percher, City Clerk City of Miami Beach Pursuant to Sedwn 286.0105, Fla. Stet., the City hereby advises the public that: 'rf a person decides to appeal arty decision made by ttre Ciiy Commission with respect to any matter considered at its meeting a its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be ,based. This notce does not constttute consent by the City for the introduction or admission of otherwise inadmissible or irrele- vant evidence, nor does R author¢e challenges or appeals not otherwise albwed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-721.8(1TV) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad ff483 . X41 i~ ~o 0 N I O M ~~ Q s r" °a 'o ~z ;~ 3 N 1 W i= ~~ '' W ?~~ i i L rn i .~ z o V iv ~f m E m MIAMIBEACH