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HomeMy WebLinkAboutOrdinance 2002-148 ORDINANCE NO. 20~- ~ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR INTENT; AMENDING ORDINANCE 99-82; OPTING OUT OF THE REQUIREMENTS OF SECTION 2-11.1(T) OF THE CODE OF MIAMI-DADE COUNTY, COMMONLY KNOWN AS THE CONE OF SILENCE PROVISION, SO THAT IT NO LONGER APPLIES TO THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR NOTICE TO MIAMI- DADE COMMISSION OF ETHICS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1998, Miami-Dade County Commission amended Section 2-11.1 of the Code of Miami-Dade County relating to conflicting of interest and Code of Ethics, to include an Ordinance which establishes a Cone of Silence; and WHEREAS, the purpose of the Cone of Silence Ordinance is to curb the influence that vendors or their lobbyists may have upon local government officials during the competitive bid process; and WHEREAS, in 1999, the City formally adopted its version of the Cone of Silence Ordinance by enacting Ordinance 99-82, which mirrors the language in the County's ordinance; and WHEREAS, despite its good intentions in seeking to protect the integrity of the competitive bidding process, the ordinance sometimes has a negative impact on the ability of municipalities to conduct business in the most efficient way; and WHEREAS, the Miami-Dade County Commission recently amended the Cone of Silence Ordinance to provide municipalities with the ability to "opt out" of the requirements of Section 2-11.1 ofthe Code of Miami-Dade County; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Intent. The Miami-Dade County Commission recently amended Section 2-11.1 of the Code of Miami-Dade County to include an "opt out" provision for municipalities wishing to "opt out" of the Cone of Silence requirements contained in the aforementioned section of the County Code. It is the intent of the City of Sunny Isles Beach to "opt out" of the requirements of Section 2-11.1(t) of Miami-Dade County Code, as provided by the recent amendment. Section 2. Opting Out of the Requirements of the Cone Silence Ordinance. The City hereby elects to "opt out" of the requirements of Section 2-11.1(t), that created a Cone of Silence, upon Cone of Silence Opt-out Ordinance 11/26/01 h 2:53 PM Legislation/Ordinances/ Attorney the adoption of this Ordinance, such that it shall no longer apply to the City of Sunny Isles Beach. Section 3. Providing for Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Repealer. Section 3 of Ordinance 99-82 is hereby repealed. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Section 5. Notice to the Commission of Ethics. The City Commission directs the City Clerk to transmit a certified copy of this Ordinance to the Miami-Dade Commission on Ethics and upon its adoption. By virtue of the enactment of this Ordinance, the City hereby notifies the Commission on Ethics of its intention to "opt out" of the requirements set forth in Section 2-11.1(t) of the Code of Miami-Dade County. Section 6. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Section 7. Effective Date: This Ordinance shall be effective ten days after adoption on second reading. PASSED and ADOPTED on First Reading the ~ day of _be..<..~ 'o~ , 2001. PASSED and ADOPTED on Second Reading this ~ day of '- \QMu ~ 2002. '.~ ... . ATTEST: . , , I .~> . Y. '.',i . ...~..~ ~ " ,'. \,. . t'\Al t:- : Richtrrd Brown-Nt~plla, City Clerk Cone of Silence Opt-out Ordinance 11/26/01 -- 2:53 PM Legislation/Ordinances/ Attorney 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE AS FOLLOWS: 5-0 Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman Cone of Silence Opt-out Ordinance 11/26/01 -- 2:53 PM J,egislation/Ordinances/ Attorney L0 yes 10 yes ~yes ( V) yes ~yes Moved by: V\La. Yf\d.UOY ~ 1..~~/~ Seconded by:CnMW'.ls."\D~)fR. \<\AUFPM.~ ~no ~no ~no ~no ~no 3