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HomeMy WebLinkAboutItem H-2 Ordinance: Charter AmendmentsCity of .~Vliami Gard~ens 1515-200 NW 167~' Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilman Andr~ Williams Councilwoman Sharon Pritchett Councilwoman Barbara Watson MEMO UM To: Mayor and City Council From: Sonja K. Dickens City Attorney Date: January 10, 2007 Re: Article VI - Charter Amendment Article VI of the City of Miami Garden's Charter entitled "Charter Amendments" provides that the Charter may be amended in accordance with the provisions of Section 5.03 of the Home Rule Charter of Miami-Dade County. Article VI also provides that, in order to implement that Article, the Council must adopt an Ordinance expressly implementing Section 5.03 of the Miami-County Charter. The attached item implements Article 6 of the City Charter. RECOMMENDATION: To approval of this ordinance on first reading. H-2) ORDINANCE 1 ST READING CHARTER AMENDMENTS ORDINANCE No. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AND ADOPTING AN ORDINANCE AS REQUIRED BY ARTICLE VI OF THE CITY OF MIAMI GARDENS CHARTER; IMPLEMENTING ARTICLE VI ENTITLED "CHARTER AMENDMENTS;" ENABLING THE CITY TO AMEND ITS CHARTER CONSISTENT WITH ARTICLE VI OF THE CITY OF MIAMI GARDENS CHARTER; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 WHEREAS, Article VI of the City of Miami Garden's Charter entitled "Charter Amendments" provides that the Charter may be amended in accordance with the provisions of Section 5.03 of the Home Rule Charter of Miami-Dade County, and WHEREAS, Article VI also provides that, in order to implement that Article, the Council must adopt an Ordinance expressly implementing same, and WHEREAS, the City Council of the City of Miami Gardens finds it in the best interests of the citizens of Miami Gardens to adopt an Ordinance implementing Article 6 of the City Charter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: 11 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 12 13 14 15 Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. ORDINANCE: An Ordinance is hereby created to implement Article VI of the Miami Gardens Charter as follows: 125279_1 16 Consistent with the requirements of Article VI of the City's Charter, the City 17 Council of the City of Miami Gardens expressly adopts and officially implements Article 18 VI, entitled "Charter Amendments" of the City of Miami Gardens Charter in order to 19 authorize future amendments to the City of Miami Garden's Charter consistent with 20 Article VI. 21 SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith 22 are hereby repealed. 23 SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, 24 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 25 any court of competent jurisdiction, such portion shall be deemed a separate, distinct 26 and independent provision and such holding shall not affect the validity of the remaining 27 portions of this Ordinance. 28 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the 29 City of Miami Gardens that the provisions of this Ordinance shall become and be made 30 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of 31 this Ordinance may be renumbered or relettered and the word "Ordinance" may be 32 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the 33 use of which shall accomplish the intentions herein expressed; provided, however, that 34 Section 1 hereof or the provisions contemplated thereby shall not be codified. 35 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective 36 immediately upon its final passage. 37 PASSED ON FIRST READING ON THE 10TH DAY OF JANUARY, 2007. 38 PASSED ON SECOND READING ON THE DAY OF _ , 20 . 125279_1 39 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 40 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20_. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: MOVED BY: SECONDED BY: VOTE: Mayor Gibson (Yes) (No) Vice Mayor Oscar Braynon, II (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell Jr. (Yes) (No) Councilman Andre Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilwoman Barbara Watson (Yes) (No) 125279_1