HomeMy WebLinkAboutH-2 Ordinance: Donation ProcedureCity of .~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Date: October 24, 2007
Fiscal Impact: No o X Yes
(If yes, explain in Staff Summary)
Funding Source:
ContracUP.O. Requirement: Yes No^
Sponsor Name/Department:
Danny Crew, City Manager
Aqenda Cover Paqe
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Oscar Braynon II
Councilman Andre Williams
Public hearing ^
Ordinance ^X
1st Reading o
Advertising requirement:
RFP/RFQ/Bid #
Quasi-Judicial ^
Resolution
2nd Reading ^
No
Title
An Ordinance of the City Council of the City of Miami Gardens, Florida, providing for a
procedure for the City to accept donations; providing for authorization to the city
manager; providing for adoption of representations; repealing all ordinances in conflict;
providing a severability clause; providing for inclusion in code; providing an effective
date.
Staff Summarv
At various times, the City receives offers of property to be donated. The attached
Ordinance is being proposed, in an effort to establish the necessary procedures that we
recommend would be appropriate. It allows the City Manager to accept donations to a
Council-approved program supported by sponsorship donations; to accept donations up
to $25,000; and requires Councit approval for donations over $25,000.
Recommendation:
We recommend that the City Council approve the ordinance on first reading providing
for procedures for the City to accept donations.
H-2) ORDINANCE
1 ST READING
DONATION PROCEDURE
ORDINANCE No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, PROVIDING FOR A
PROCEDURE FOR THE CITY TO ACCEPT DONATIONS;
PROVIDING FOR AUTHORIZATION TO THE CITY
MANAGER; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
~ WHEREAS, on occasion, items and/or funding has been donated to the City, and
2 WHEREAS, the City would like to establish proper procedure for the acceptance
3 of donations, and
4 WHEREAS, the City Council would like to provide for certain authorization to the
5 City Manager with respect to the acceptance of donations,
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
7 OF MIAMI GARDENS, FLORIDA, as folfows:
$ SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
9 Clauses are hereby ratified and confirmed as being true, and the same are hereby
10 made a specific part of this Ordinance.
11 SECTION 2. DONATIONS UP TO $25,000.00: The City Manager is hereby
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authorized to accept all donations valued up to $25,000.00 upon determining that there
is no conflict of interest with accepting said donation and upon determining that
acceptance of said donation is not in contravention of any law.
SECTION 3. DONATIONS OVER $25,000.00: All donations that are valued
more than $25,000.00, and that are not a part of a program intended to be supported by
17 sponsors donations and that has been approved by the City Council, must be approved
18 by the City Council.
~ 9 SECTION 4. PROGRAM DONATIONS: The City Manager shall have the
20 authority to accept donations valued at any amount, so long as the donation is a part of
21 a program intended to be supported by sponsorship donations and that is previously
22 approved by the City Council.
23 SECTION 5. CONFLICT: All ordinances or Code provisions in conflict herewith
24 are hereby repealed.
25 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause,
26 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
27 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
28 and independent provision and such holding shall not affect the validity of the remaining
29 portions of this Ordinance.
30 SECTION 7. INCLUSION IN CODE: It is the intention of the City Council of the
31 City of Miami Gardens that the provisions of this Ordinance shall become and be made
32 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of
33 this Ordinance may be renumbered or relettered and the word "Ordinance" may be
34 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the
35 use of which shall accomplish the intentions herein expressed; provided, however, that
36 Section 1 hereof or the provisions contemplated thereby shall not be codified.
37 SECTION 8. EFFECTIVE DATE: This Ordinance shall become effective
38 immediately upon its final passage.
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PASSED ON FIRST READING ON THE 24T" DAY OF OCTOBER 2007.
PASSED ON SECOND READING ON THE DAY OF
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ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF
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ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
SHIRLEY GIBSON, MAYOR
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Barbara Watson (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Oscar Braynon, II (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilman Andre Williams (Yes) (No)
SKD/teh
267986 1. DOC
77