Miami-Dade Legislative Item
File Number: 110846
   Clerk's Official Copy   

File Number: 110846 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-15 Control: Board of County Commissioners
File Name: RULES OF PROCEDURE - AUTHY. TO SPONSOR ITEMS Introduced: 4/13/2011
Requester: NONE Cost: Final Action: 4/4/2011
Agenda Date: 4/4/2011 Agenda Item Number: 7A
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 110139. Title: ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 110139)
Indexes: RULES OF PROCEDURE
Sponsors: Bruno A. Barreiro, Co-Prime Sponsor
  Sen. Javier D. Souto, Co-Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Rebeca Sosa, 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

County Attorney 4/13/2011 Assigned Gerald K. Sanchez

Board of County Commissioners 4/4/2011 7A AMENDED Adopted as amended P
REPORT: Following the reading of the foregoing proposed ordinance by First Assistant County Attorney Abigail Price-Williams, Assistant County Attorney Henry Gillman read the amendment to the proposed ordinance into the record. Hearing no comments or questions, the Commission proceeded to vote on the foregoing ordinance as amended.

Legislative Text


TITLE
ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; 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 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
CHAPTER 2. ADMINISTRATION

ARTICLE I. IN GENERAL

Sec. 2-1. Rules of Procedure of County Commission.

* * *


Rule 5.05. AGENDA.

* * *

(b) AUTHORITY TO SPONSOR OR PRESENT ITEMS ON AGENDA.

(1) >>Anything to the contrary notwithstanding,<< [[M]]>>m<>only<< be presented or sponsored by a[[ny]] county commissioner, a commission committee, [[the county mayor]], the county attorney and the clerk of the commission[[. The mayor’s authority to sponsor a matter shall be limited to departmental items and shall be non-delegable. The Board will not consider any such recommendation unless such recommendation has been approved in writing by the mayor. If, however, the mayor shall be incapacitated for a period in excess of 14 days, his or her authority to sponsor a departmental item shall be vested in the manager until the incapacity is removed. Notwithstanding the foregoing, the]] >>, except that the Mayor shall be able to present or sponsor: (1) reports which do not amend any policy established by the County Commission; (2) mayoral appointments; (3) solicitations for the purchase of goods and services, leases, construction contracts and debt obligations; (4) contracts for the purchase of goods and services and amendments thereto; (5) grant applications, grants and sub-grants; (6) leases and amendments thereto; (7) debt obligations and amendments thereto; (8) construction contracts and amendments thereto; (9) labor agreements and amendments thereto; (10) special taxing districts initiated by petition; (11) certificates of public convenience and necessity; (12) certificates of transportation; (13) quasi-judicial items; and (14) other matters where the presentation or sponsorship by the Mayor is required by the Home Rule Charter or state or federal law.<< [[Mayor shall recommend directly to the Board the waiver of competitive bidding as provided in Section 5.03 (D) of the Charter or quasi-judicial items.]]

* * *

Rule 5.06. ORDINANCES, RESOLUTIONS, MOTIONS, CONTRACTS.

* * *

(c) [[Introduction and]] >>S<<[[s]]ponsorship. [[Ordinances, resolutions and other matters and subjects requiring action by the Commission must be introduced and sponsored by a member of the commission, except that either the Manager or the County Attorney may present ordinances, resolutions and other matters or subjects to the Commission for consideration, and a]]>>A<>of any ordinance, resolution, report or other matter.<< [[by moving that such ordinance, resolution, matter or subject be adopted in accordance with law; otherwise they shall not be considered.]]

* * *

Section 2. 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 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, 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 4. 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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