Ord No 10-13-2157ORDINANCE NO. 10-13-2157
An Ordinance amending Section 20- 6.1(B)(4)(a) of the Land Development
Code titled "Planning Board Procedures" changing the number of members
that constitute a quorum; amending Ordinance No. 3 -13 -2150 to revert back
to the language prior to its enactment.
WHEREAS, the City Commission, at its January 8, 2013 meeting adopted Ordinance
No. 3 -13 -2150, amending Section 20-6. 1 (B)(4)(a), Quorum and Voting; and
WHEREAS, Ordinance No. 3 -13 -2150 amended the number of Planning Board
members that constitute a quorum, from five (5) to four (4); and
WHEREAS, Article II, Section 8 C.1 of the City Charter titled "Mandatory Board"
stipulates the quorum for the Planning Board shall consist of five (5) members; and
WHEREAS, the adoption of Ordinance No. 3 -13 -2150 is in conflict with the City
Charter; and
WHEREAS, the Mayor and City Commission desire to repeal Ordinance No. 3 -13 -2150,
amending the Land Development Code Section 20-6. 1 (B)(4)(a).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Ordinance No. 3 -13 -2150, which changed the number of members that
constitute a quorum on the Planning Board, is hereby amended to revert back to the language
prior to enactment of Ord. No. 3 -13 -2150 so as to read as follows:
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be five €etw-(5 4) members.
ii A majority vote of the members present shall be required to pass
upon any matter on which the board is required to act under this
Code. However, ev n the event that only , � (4 ` �
:, i , y vi.ir ` � iiieiic c�er,ztirc
t and the vote split two to two the . plie,,t' shall r L
Yi v.�wu wiu uiv `r'vw is
defeated but shall be deferred until at least five (5) members of the
Section 2. Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended; that the
sections of this ordinance may be renumbered or re- lettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
Page I of 2
Ord. No. 10 -13 -2157
4>
4"f
Section 3. Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby
repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
of ordinances, that give the appearance of being in conflict when the two ordinances can
be harmonized or when only a portion of the ordinance in conflict needs to be repealed to
harmonize the ordinances. If the ordinance in conflict can be harmonized by amending
its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that
portion that needs to be repealed to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ADOPTED this 19 day of March , 2013.
ATTEST:
r4�a o,
'CITY CLERK
1St Reading - 3/5/13
2nd Reading - 3/19/13
APPROVED:
MAYOR
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
Page 2 of 2
ORDINANCE NO. 3 -13 -2150
An Ordinance amending section 20- 6.1(B)(4) i and ii of the City of South
Miami Land Development Code to change the number of members that
constitute a quorum and the number of votes required to approve an
application.
WHEREAS, twice during the last month Planning Board meetings have been cancelled
for lack of a quorum; and
WHEREAS, four affirmative votes are required to pass Planning Board agenda items
when six or seven Planning Board members are present and three affirmative votes are required
to pass Planning Board agenda items when five Planning Board members are present.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20- 6.1(B)(4) is hereby amended to read as follows:
Procedures.
(a)Quorum and voting.
i. A quorum shall be four (-5 4) members.
ii. A majority vote of the members present shall be required to pass upon any
matter on which the board is required to act under this Code. However, in
the event that only four (4) members are present and the vote is split two
to two the implication shall not be defeated but shall be deferred until at
least five (5) members of the Planning; Board are present to address the
issue.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re- lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. if any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
Page 1 of 2
Ord. No. 3 -13 -2150
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 8th day of January , 2013.
ATTEST:
APPROVED:
al,. k, IJ
C Y CLE
MAYOR
1St Reading 12/18/12
2„d ReadinVPROVED 8/13
READ AN AS T,QEORM:
COMMISSION VOTE: 3 -2
LAN GE, LEGAL Y D
Mayor Stoddard: Yea
�C 'ION THE F
Vice Mayor Liebman: Yea
Commissioner Newman: Nay
Commissioner Harris: Nay
Commissioner Welsh: Yea
Cl ATTORNE
Page 2 of 2
N 411' 61; 41;
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - MARCH 19, 2013
in the XXXX Court,
was published in said newspaper in the issues of
03/08/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, r',', ate, com . ' or refund for the purpose
of securing t adve ' ment for publication in the said
newspape .
Sworn to and subscrib_e�e me this
AA
(SEA*�/ .��ar'+'�8,, MARIA MESA
A40 "`� Notar y Public - State of Florida
O.V. FERBEYRE personal ® g My Comm. Expires Mar 4, 2016
1p;, "�:= Commission # EE 168275
%++ ++ Bonded Through National Notary Assn.
01;