HomeMy WebLinkAboutOrdinance 2000-107
ORDINANCE NO. 2000 - I 0 '1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, REPEALING ORDINANCE NO. 98-16 RELATING TO THE RULES
OF PROCEDURE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH TO ENACT A REVISED SET OF RULES OF PROCEDURE FOR THE CITY
COMMISSION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
WHEREAS, on January 22, 1998, by Ordinance No. 98-16, the City Commission enacted a
set of parliamentary rules to carry out the spirit of the Citizens' Bill of Rights contained in the City
Charter and to facilitate the procedures of the City Commission; and
WHEREAS, the City now wishes to repeal said Ordinance and re-enact those rules as
amended herein to further clarify the proceedings of the Commission hearings and all other public
hearings and meetings of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Ordinance No. 98-16 be, and the same, is hereby repealed.
Section 2.
follows:
Section 2-1, Rules of Procedure of the City Commission, is hereby amended to read as
PART 1.
GOVERNING RULES
Rule 1.01.
GOVERNING RULES~
Except as may be provided in the Charter, the City of Sunny Isles Beach Code, Florida laws or by
these rules as set forth in this Ordinance, questions of order, the methods of organization and the
conduct of business of the Commission and to the extent there is no conflict, the Commission shall
be governed by Mason's Manual of Legislative Procedure (1953 Edition).
PART 2.
OFFICERS
Rule 2.01.
PRESIDING OFFICER
The Mayor, Vice Mayor or if neither is available, a member of the Commission designated by the
Mayor, shall preside at all meetings of the City Commission at which he or she is present. In the
absence of the presiding officer, the Commission shall select one of its members as a temporary
presiding officer. The presiding officer shall preserve strict order and decorum at all meetings of the
Commission. A majority vote of the members present shall govern and conclusively determine all
questions of order not otherwise covered. The presiding officer has the power, among other things,
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to recognize a speaker, secure and retain the floor for the speaker and keep order during the time the
floor is taken.
Rule 2.02.
City Clerk
The City Clerk shall act as Clerk of the Commission. The Clerk of the Commission shall call the
roll, prepare the minutes and shall be custodian of the records and shall certify all ordinances and
resolutions adopted by the Commission, and perform such other duties as required by the City
Charter.
Rule 2.03.
CITY ATTORNEY
The City Attorney, or such member of the office of the City Attorney as may be designated, shall be
available to the Commission at all Commission meetings. The City Attorney shall act as
parliamentarian, and shall advise and assist the presiding officer in matters of parliamentary
procedure.
Rule 2.04.
SERGEANT-AT-ARMS
The City of Sunny Isles Beach police chief, or such other city official or employee as the chief may
designate, shall be the sergeant-at-arms of the Commission meeting, at the request of the presiding
officer or the City Manager. The sergeant-at-arms shall carry out all orders and instructions given by
the presiding officer through the City Manager, for the purpose of maintaining order and decorum at
the meetings.
PART 3.
MEETINGS
Rule 3.01.
REGULAR MEETINGS
( a) The Commission shall hold regular meetings on the third Thursday of each month, or
as otherwise designated by the City Commission, and when the day fixed for any such regular
meeting falls on a day designated by law as a legal holiday, such meeting may be held on another day
selected by the Commission, or such meeting may be canceled at the discretion of the Commission.
Unless otherwise determined by the Commission, regular meetings shall commence at 7:00 P.M.
Regular meetings may be otherwise postponed or canceled by resolution adopted at a regular meeting
by a majority of the Commission members present. All regular and zoning meetings shall be held in
the Commission Chambers at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160,
or such location as may be approved by a majority of the Commission members present and shall be
open to the public and all news media.
(b) Hearings on zoning applications shall be scheduled as part of regular Commission
meetings, unless otherwise decided by the Commission.
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(c) The second reading (public hearing) of the annual budget ordinance shall be
considered at a meeting at which the said budget ordinance and the levy of the millage are the only
items on the agenda.
Rule 3.02.
SPECIAL MEETINGS EMERGENCY MEETINGS.
(a) SPECIAL MEETINGS. _Special meetings and workshops may be scheduled at the
request of the City Manager, the City Attorney, the City Clerk or a majority of the Commission at
any time, provided appropriate notice is given. A special meeting of the Commission may be called
by the Mayor, or by a majority of the members of the Commission. Whenever a special meeting is
requested, a notice in writing, calling for the special meeting, signed separately, in counterparts,
delivered for signature in person, by the City Clerk's office, by such majority shall be served upon
the City Clerk, the City Clerk shall forthwith thereafter, issue either verbal or written notice upon
each member of the Commission stating the date, hour and place of the meeting and the purpose for
which such meeting is called, forty-eight (48) hours notice must elapse between the time the City
Clerk receives notice in writing and the time the meeting is to be held.
(b) EMERGENCY MEETINGS. An emergency meeting of the Commission may be
called by the Mayor, or by a_majority of the Commission, in accordance with proscriptions of the
City Charter, whenever in hisLher or their opinion an emergency exists which requires immediate
action by the Commission. Whenever such emergency meeting is called, the Mayor, or Commission
majority, as the case may be, shall notify the City Clerk in writing, calling for the emergency
meeting, signed separately, in counterparts, delivered for signature in person, by the City Clerk's
office, by such majority shall be served upon the City Clerk who shall forthwith serve either verbal
or written notice upon each member of the Commission, stating the date, hour and place of the
meeting and the purpose for which it is called, and no other business shall be transacted at that
meeting.
(c) If, after reasonable diligence, it is impossible to give notice to each Commissioner,
such failure shall not affect the legality of the meeting if a quorwn is present. The minutes of each
special or emergency meeting shall show the manner and method by which notice of such special or
emergency meeting was given to each member of the Commission, or shall show a waiver of notice.
All special or emergency meetings shall be open to the public and shall be held and conducted in the
Commission Chambers, City Hall, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida
33160, or other suitable location within City of Sunny Isles Beach, Florida. Minutes thereof shall be
kept by the City Clerk.
(d) No special or emergency meeting shall be held unless notice thereof is given in
compliance with the provisions of this rule, or notice thereof is waived by a majority of the entire
membership of the Commission and in accordance with the City Charter.
PART 4. COMMITTEES
Rule 4.01.
COMMITTEES.
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(a) There may be such standing committees of the City Commission, as the Mayor or
City Commission deems necessary to conduct the business of the City appropriately and in
accordance with the City Charter. Such committees shall be governed by these rules of procedure
and if advisory, shall be subject to the Florida Sunshine and Public Records Laws.
(b) In accordance with Section 2.2(ii) ofthe Charter, the Mayor shall appoint both a
Chairperson and a Vice Chair person of each committee. In addition, each Commissioner shall
appoint one (1) member to each Committee.
Section 4.02. CITY BOARDS AND AGENCIES.
The Commission shall establish or terminate such boards and agencies, as it may deem advisable
from time to time. The boards and agencies shall report to the Commission, as deemed necessary or
appropriate by the board/agency or the Commission.
PART 5.
CONDUCT OF MEETINGS; AGENDA
Rule 5.01.
CALL TO ORDER
Promptly at the hour set for each meeting, the members of the Commission, the City Attorney, the
City Manager and the City Clerk shall take their regular stations in the Commission Chamber. The
presiding officer shall take the chair and shall call the Commission to order immediately. In the
absence of the Mayor and Vice Mayor, the City Clerk shall then determine whether a quorum is
present and in that event shall call for the election of a temporary presiding officer. If, at any time
during the meeting, the presiding officer arrives, the temporary presiding officer shall relinquish the
chair to the presiding officer, upon the conclusion of the business immediately before the
Commission.
Rule 5.02.
ROLLCALL
The City Clerk shall call the roll of the members, and the names of those present shall be entered in
the minutes. In the event the roll call reflects the absence of any member on official City business
that fact shall be noted in the minutes. Any City Commissioner who intends to be absent from any
Commission meeting shall notify the City Clerk of the intended absence as soon as convenient.
Rule 5.03.
QUORUM.
A majority of the Commissioners then in office shall constitute a quorum. No ordinance, resolution
or motion shall be adopted by the Commission without the affirmative vote of the majority of all the
members present.
Rule 5.04.
FAILURE TO A TT AIN A QUORUM.
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Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the
Commission, the presiding officer or the City Clerk may close the meeting until another hour or day
unless by unanimous agreement, those members present select another time. The names of the
members present and their action at such meeting shall be recorded in the minutes by the Clerk.
Rule 5.05.
AGENDA
(a) ORDER OF BUSINESS. There shall be an official agenda for every meeting of the
Commission which shall determine the order of business conducted at the meeting. The order of
business shall be as follows: (1) call to order/roll call of members, (2) pledge of allegiance and
invocation, (3) approval of minutes, (4) order of business (additions/deletions), (5) special
presentations, (6) Zoning matters, unless heard by special meeting or as otherwise decided by the
Commission, (7) ordinances submitted for first reading may be handled as a consent agenda at the
pleasure of the Commission, public hearings, which are not ordinances and/or which shall be held at
specially scheduled time, if the notice so states, (8) ordinances submitted for second reading/public
hearing, (9) resolutions, (10) motions, (11) discussion items, (12) citizens' forum: requests,_ofthe
Commissioners determines to deviate from the printed agenda. The Commission shall not take
petitions and other communications, (13) adjoumment~ Items shall be considered in the order in
which they are placed on the agenda unless a majority action upon any matter, proposal, or item of
business, which is not listed upon the official agenda, unless a majority of the entire Commission
shall have first consented to consideration of the matter. No ordinance, resolution or other matter
listed on the agenda for public hearing or the vote thereon may be deferred until a later time unless a
majority of the entire Commission shall vote in favor of such deferral.
(b) AUTHORITY TO PLACE ITEMS ON AGENDA. Matters may be placed on the
agenda by any City Commissioner, the City Manager, the City Attorney and the City Clerk.
(c) APPROVAL OF MINUTES. Unless a reading of the minutes of a meeting is
requested by a majority of the Commission, such minutes, when approved by the Commission and
signed by the presiding officer and the City Clerk, shall be considered approved without reading;
provided that the City Clerk shall place a copy of the minutes of each meeting, as soon as they have
been completed, at a designated place in the City Clerk's office where they may be examined by the
Commissioners prior to formal approval. All minutes shall be summary in nature and not verbatim.
The minutes of prior meetings may only be approved by a majority of the Commissioners present at a
meeting of the Commission, and upon such approval shall become the official minutes.
Rule 5.06.
ORDINANCES. RESOLUTIONS. MOTIONS. CONTRACTS.
(a) PREPARATION AND ENACTMENT OF ORDINANCES. The City Attorney,
when requested, shall prepare ordinances and resolutions. Ordinances may be introduced and listed
by title and shall be read by title only before consideration by the Commission on first reading. On
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first reading only, the Commission may either vote for all ordinances in one vote or may vote
separately on any ordinance. At public hearing, each ordinance shall be voted on individually by a
call of the roll.
(b) RESOLUTIONS AND MOTIONS. Only resolutions and motions may be enacted by
voice vote calling for "ayes" or "no" on the question.
(c) APPROVAL BY CITY ATTORNEY. All ordinances, resolutions and contract-
documents, before presentation to the Commission, shall have been reduced to writing and shall have
been approved as to form and legal sufficiency by the City Attorney. Prior to presentation all such
documents may be referred to the head of the department under whose jurisdiction the administration
of the subject matter of the ordinance, resolution or contract document would devolve.
(d) INTRODUCTION. Ordinances, resolutions and other matters and subjects requiring
action by the Commission may_be introduced by a member of the Commission, except that the City
Manager, the City Attorney, or the City Clerk (and/or departmental heads as approved by the City
Manager) may also present ordinances, resolutions and other matters to the Commission for
consideration.
(e) SUNSET. There is no requirement for any ordinance to contain a sunset provision.
(f) ZONING EXCEPTION. The provisions of this Rule 5.06 shall not be applicable to
zoning which shall be governed exclusively by Chapter 33 of the Miami-Dade County Code (as
adopted by Section 8.3, of the Charter, as may have been amended) and as may be amended by the
land development regulation to be adopted by the City Commission.
(g) WHEN ACTION TO BE TAKEN BY RESOLUTION OR ORDINANCE. Any
actions of the Commission may be taken by motion, resolution or ordinance except that any action of
the Commission which provides for, levying taxes, appropriating funds or incurring indebtedness
(other than refunding indebtedness), or which provides a penalty or establishes a rule or regulation
for the violation of which a penalty is imposed, or as otherwise limited by the City Charter or as
otherwise provided by in Section 4.3(a) of the City Charter, must be accomplished by ordinance.
Rule 5.07. ENDING THE MEETING.
In accordance with the City Charter, no meeting of the Commission shall extend later than midnight
except upon the affirmative vote of a majority of the members present at the meeting.
PART 6. PUBLIC PARTICIPATION
Rule 6.01. PERSONS AUTHORIZED ON THE DAIS.
No person, except City officers or their representatives, shall be permitted on the dais unless
authorized by the presiding officer or a majority of the Commission.
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Rule 6.02.
CITIZENS' PRESENTATIONS; PUBLIC HEARINGS.
(a) CITIZENS' PRESENTATIONS. Any citizen shall be entitled to have an item placed
on the official agenda of a regular meeting of the Commission and be heard concerning any matter
within the scope of the jurisdiction of the Commission. Only Commissioners and the City Manager
may place citizens' items on the official agenda.
(b) PUBLIC HEARINGS. Any citizen shall be entitled to speak on any matter appearing
on the official agenda under the section entitled "Public Hearings" subject to the Citizens' Bill of
Rights and these rules of procedure.
Rule 6.03.
REGISTRATION OF SPEAKERS.
(a) Registration of speakers may be required by the presiding officer. If so, the City
Clerk shall prepare appropriate registration cards which should indicate the speaker's name, the
agenda item on which he or she is speaking, and whether he or she is speaking in favor of, against, or
is seeking information about, the proposed item.
(b) If registration is required on a particular agenda item, failure to comply with the
registration provisions of this paragraph may prohibit a person from speaking.
Rule 6.04.
ADDRESSING COMMISSION. MANNER. TIME
(a) Each person, other than salaried members of the City staff, who addresses the
Commission shall step up to a podium and shall give the following information in an audible tone of
voice for the minutes:
(1) Name;
(2) Address;
(b) Each speaker may be required to disclose the following information:
(1) Whether the person speaks on his or her own behalf, a group of
persons, or a third party; if the person represents an organization, the person
shall also indicate the number of members in the organization, the annual
dues paid by the members, the date of the most recent meeting of the
organization's board or governing council, and whether the view expressed by
the speaker represents an established policy of the organization approved by
the board or governing council;
(2) Compensation, if any;
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(3) Whether the person or any immediate family member has a personal
financial interest in the pending matter, other than as set forth in (2).
(c) Unless further time is granted by the presiding officer, the statement shall be limited
to three (3) minutes. All remarks shall be addressed to the Commission as a body and not to any
member thereof. No person, other than Commissioners and the person having the floor, shall be
permitted to enter into any discussion, either directly or through a member of the Commission,
without the permission of the presiding officer. No question shall be asked a Commissioner except
through the presiding officer.
Rule 6.05.
DECORUM
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing
the Commission shall be barred from further appearance before the Commission by the presiding
officer, unless permission to continue or again address the Commission is granted by the majority
vote of the Commission members present.
No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or
her remarks shall be permitted. Signs or placards may be disallowed in the Commission chamber by
the presiding officer. Persons exiting the Commission chambers shall do so quietly.
PART 7. RULES OF DEBATE
Rule 7.01.
RULES OF DEBATE
(a) QUESTIONS UNDER CONSIDERATION. On any agenda item, in order for debate
to ensue, the presiding officer shall close the public hearing and ask for discussion of the matter at
hand, whether it is an ordinance, resolution, motion, etc., the Commission wishes to adopt the
legislation upon a motion: "I move we adopt Ordinance (resolution) as read" ["as amended" by
Commissioner 1. The City Attorney or the City Clerk may request and/or assist with a
restatement of the motion for the record. The Commissioner seconding said motion shall say "I
second the motion "as read" or "as amended." Alternatively, any Commissioner may move for
deferral of any item which deferral motion must be seconded prior to a vote. Failure of any
legislation to receive a motion and/or a second shall be removed from the Agenda in accordance with
Rule 7.01(j) hereinbelow.
(b) AS TO THE PRESIDING OFFICER. The presiding officer shall not move or second
an item of debate. The presiding officer, however, upon relinquishing the chair, may move or second
an item, vote, subject only to such limitations as are, by these rules, imposed upon all members.
(c) GETTING THE FLOOR, IMPROPER REFERENCES TO BE AVOIDED. Every
member desiring to speak for any purpose shall address the presiding officer, and upon recognition,
shall be confined to the question under debate avoiding all personality issues and/or indecorous
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language.
(d) INTERRUPTION; CALL TO ORDER; APPEAL A RULING OF THE CHAIR.
A member, once recognized, shall not be interrupted when speaking unless it is for a call to
order or as herein otherwise provided. If a member be called to order, the member shall cease
speaking until the question of order be determined by the presiding officer, and if in order, the
member shall be permitted to proceed. Any member may appeal to the Commission from the
decision of the presiding officer upon a question of order when, without debate, the presiding officer
shall submit to the Commission the question, "Shall the decision ofthe chair be sustained?" and the
Commission shall decide by a majority vote.
(e) TIME LIMIT FOR DEBATE. Except for zoning matters, discussion by
Commissioners on anyone item shall not exceed one-half (1/2) hour unless agreed upon by majority
decision. Failure to resolve anyone item within this time limit, unless otherwise extended, shall
result in its failure.
(f) METHOD OF VOTING. After the debate is closed, and/or the motion is restated if
necessary, the presiding officer shall call for a vote on the motion. Voting shall be by roll call or
voice vote, or paper ballot (at the decision of the majority of the Commission in certain
circumstances) depending on whether the ballot is on an ordinance or resolution or motion.
Ordinances require a roll call vote by calling the names of the Commissioners alphabetically by
surname, except that the names shall be rotated after each roll call vote, if requested, so that the
Commissioner who voted first on a preceding roll call shall vote last upon the next subsequent
matter; provided, however, that the presiding officer, if a member of the Commission, shall always
cast the last vote.
The Clerk shall call the roll, tabulate the votes, and announce the results. The vote upon any
resolution, motion or other matter may be by voice vote as previously noted, provided that the
presiding officer or any Commissioner may require a roll call to be taken upon any resolution or
motion.
(g) EXPLANATION OF VOTE; CONFLICTS OF INTEREST. There shall be no
discussion by any Commissioner voting, and the Commissioner shall vote yes or no. Any
Commissioner, upon voting, may give a brief statement to explain his or her vote. A Commissioner
shall have the privilege of filing with the Clerk a written explanation of his or her vote. Any
Commissioner with a conflict of interest on a particular matter shall refrain from voting or otherwise
participating in the proceedings related to that matter and may leave the Commission chambers until
the consideration of that matter is concluded. Any such Commissioner who does not leave the
chambers shall be deemed absent for purposes of constituting a quorwn, counting the vote, or for any
other purpose.
(h) TIE VOTES. Whenever action cannot be taken because the vote of the
Commissioners has resulted in a tie, the status quo shall continue in effect and the proposed
ordinance, resolution or motion that produced the tie vote shall be removed from the agenda without
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prejudice to its reintroduction on a de novo basis at a later time; provided that in zoning and other
quasi-judicial matters when action on a resolution results in a tie vote, such resolution shall be
carried over to the next regularly scheduled meeting for the consideration of such quasi-judicial
matters unless the Commission designates a different time for such reconsideration.
(i) VOTE CHANGE. Any Commissioner may change his or her vote before the next
item is called for consideration, or before a recess or adjournment is called, whichever occurs first,
but not thereafter. In this case, the Clerk shall call back the vote and verify the outcome for the
presiding officer.
G) NO MOTION OR SECOND. If an agenda item fails to receive a motion or second, it
shall be removed from the agenda and shall be reintroduced only in accordance with the renewal
provisions of Rule 7.01(m).
(k) RECONSIDERATION. An action of the Commission may be reconsidered only at
the same meeting at which the action was taken, or, if not, at the next regular meeting thereafter. A
motion to reconsider may be made only by a Commissioner who voted on the prevailing side of the
question and must be concurred in by a majority of those present at the meeting. A motion to
reconsider shall not be considered unless at least the same number of Commissioners is present as
participated in the original vote, or upon affirmative vote of two-thirds (2/3) of those Commissioners
present. Adoption of a motion to reconsider shall rescind the action reconsidered.
(1) RENEW AL. Once action is taken on a proposed ordinance or resolution, neither the
same matter, nor its repeal, or rescission, may be brought before the Commission again for a three
(3)-month period following the said action (subject to the provisions of Rule 7.01(1), unless
application for renewal by three (3) Commissioners is first submitted to the presiding officer. Should
an ordinance or resolution be proposed that raises the same previously resolved matter, or its repeal
or rescission, in different or modified form during the three (3)-month period, the presiding officer
may declare the proposal out of order.
(m) ADJOURNMENT. A motion to adjourn shall always be in order and decided without
debate.
(n) SUSPENSION OF THE RULES. No rule of procedure adopted by this board shall be
suspended except by an affirmative vote oftwo-thirds (2/3) of the Commissioners present.
PART 8. ADDITIONAL ORDINANCES
PROSCRIBING CITY COMMISSION PROCEDURE
Rule 8.01. REPRESENTATION OF SUNNY ISLES BEACH
Whenever the Commission deems it necessary or desirable that the Commission shall be represented
at meetings, conferences or other occasions involving other governmental entities, agencies, officials
or groups, or non-governmental organizations, or departments, agencies or officials of the City
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government, the presiding officer may designate members of the Commission to represent the
Commission at such meetings, conferences or other occasions, with the consent of the designee. A
majority of the Commissioners then present may approve or disapprove any such appointment. Such
representatives shall have no power to act for or on behalf of the Commission, or to make any
commitment or binding obligation on behalf of the Commission or the City. Such representatives
shall report in writing to the Commission with regard to such meeting, conference or other occasion.
Rule 8.02. NONCOMPLIANCE WITH PROCEDURAL RULES.
If a procedural rule of this board is not complied with as a result of either mistake, inadvertence or
excusable neglect, as those terms are defined by law, by either the presiding officer or the
parliamentarian, then the validity of the underlying substantive ordinance resolution, motion or other
action shall in no way be affected thereby, and the failure of compliance with said procedural rule
shall not be the basis for any person or party to challenge any ordinance, resolution or other action of
this board.
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the City Commissioners, and it is hereby ordained that the
provisions of this ordinance, shall become and be made a part ofthe Code of the City of Sunny Isles
Beach, Florida. The sections ofthis ordinance may be renumbered or re-Iettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article," or other appropriate
word.
Section 5. This ordinance shall become effective ten days after adoption on second reading.
PASSED AND ADOPTED on first reading this 14th day of September, 2000.
PASSED AND ADOPTED on second reading this l~
2000.
ATtEST:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
4~
L' . Dannheisser
City Attorney
Vote: 5-0
Mayor Samson
Vice-Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
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Motion on second reading by: Co;;::.... ': MlE~~'11\J
Second on second reading by: en tY'\\ \O)\)~ "K\;:"l(
v/(yes)
v(yes)
V (yes)
v(yes)
V (yes)
(no)
(no)
(no)
(no)
(no)
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