Miami-Dade Legislative Item
File Number: 100401
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File Number: 100401 File Type: Ordinance Status: In Committee
Version: 0 Reference: 10-28 Control: Board of County Commissioners
File Name: REMOVING PROVISION ACCEPT GIFTS OF CONSTRUCTION PROJECT JMH Introduced: 2/18/2010
Requester: NONE Cost: Final Action: 5/4/2010
Agenda Date: 5/4/2010 Agenda Item Number: 7B
Notes: Title: ORDINANCE AMENDING SECTION 25A-4(H) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REMOVING PROVISION CONCERNING THE EXPIRATION OF THE AUTHORITY OF PUBLIC HEALTH TRUST TO ACCEPT GIFTS OF CONSTRUCTION PROJECTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  PUBLIC HEALTH TRUST
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/4/2010 7B Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Commission proceeded to vote.

Health, Public Safety & Intergovernmental Cmte 4/15/2010 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Valda Christian read the foregoing proposed ordinance into the record. Vice Chairwoman Sosa opened the public hearing. After hearing no one wishing to speak, Vice Chairwoman Sosa closed the public hearing. The Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 3/2/2010 Tentatively scheduled for a public hearing Health, Public Safety & Intergovernmental Cmte 4/15/2010

Board of County Commissioners 3/2/2010 4A Adopted on first reading 4/15/2010 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Health, Public Safety and Intergovernmental Committee on April 15, 2010 at 2:00 p.m.

County Attorney 2/18/2010 Referred Health, Public Safety & Intergovernmental Cmte 4/15/2010

County Attorney 2/18/2010 Assigned Eugene Shy 2/23/2010

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 25A-4(h) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REMOVING PROVISION CONCERNING THE EXPIRATION OF THE AUTHORITY OF PUBLIC HEALTH TRUST TO ACCEPT GIFTS OF CONSTRUCTION PROJECTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 25A-4(h) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
* * *

(h) Acceptance of gifts. The Trust shall have the authority to accept gifts of money, services, or personal property. All such gifts may be subject to such rules, conditions and terms as the Trust may determine. Subject to the prior approval of the Commission, the Trust may accept gifts of real property, the title of which shall be in Miami-Dade County. All gifts shall be held in trust pursuant to the provisions of this chapter.

* * *

In addition, in order to attract private funding for construction projects that are not in kind and that the Trust would either not otherwise undertake or would have to postpone, the Trust may accept from a not-for-profit organization whose primary purpose is to support the activities of the Trust gifts of construction projects, including the building, renovating, retrofitting, restoration, painting, altering or repairing of any Trust facility, and all services and personal property related to such construction projects, provided that each donation of such a construction project shall not exceed five million dollars ($5,000,000) and is fully funded by such not-for-profit organization. All gifts of such construction projects shall be exempt from all competitive bidding requirements and other programs otherwise mandated by the Code of Miami-Dade County for Public Health Trust contracts, provided that the not-for-profit and the contractors on the construction project agree to be bound by public records law to the same extent as a Trust contractor providing such personal property or services. [[The Trust’s authority to accept gifts for such construction projects shall expire two years from the date of this amendment.]] The not-for-profit organization shall file a report with the Public Health Trust and Board of County Commissioners every six (6) months documenting its activities pursuant to this paragraph.

* * *

Section 2. This ordinance shall supersede those provisions of any existing ordinance, resolution or policy in conflict herewith.
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 Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or
relettered 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 (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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