Ord. No. 27-09-2019ORDINANCE NO. 27 -09 -2019
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II,
SECTION 8 OF THE CITY'S CHARTER; PROPOSING TO TFIE CITY'S
ELECTORS AN AMENDMENT TO THE CITY'S CHARTER TO
CHANGE THE PROCESS BY WHICH MEMBERS OF BOARDS AND
COMMITTEES ARE CHOSEN; PROVIDING FOR THE PROPOSED
AMENDMENT TO BE SUBMITTED TO THE CITY'S ELECTORS AT
THE NEXT MUNICIPAL ELECTION OF FEBRUARY 9, 2010;
PROVIDING BALLOT LANGUAGE; DIRECTING TFIE CITY CLERK
TO TAKE ALL NECESSARY ACTIONS TO CARRY OUT THE
PROVISIONS OF THIS ORDINANCE; PROVIDING AN EFFECTIVE
DATE FOR THE AMENDMENT AND DIRECTING THE CITY CLERK
TO INCORPORATE THE AMENDMENT INTO THE CHARTER AND
TO FILE THE REVISED CHARTER WITH THE FLORIDA
DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY,
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
amend the City's Charter to change the process by which members of Boards and
Committees are chosen'in the City, to provide a more equitable process for appointing
individuals to the various Boards and Committees which operate within the City, and
WHEREAS, amendments to the City's Charter must be approved by referendum
vote of the City's electors.
WHEREAS, the City Commission desire to present the proposed Charter
amendment to the City's electors at the next regularly scheduled municipal election to be
held on February 9, 2010.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Subject to the approval of the City's electors at the next municipal
election on February 9, 2010, Article II, Section 8, of the City's Charter shall be amended
to read :
SECTION 8. Boards and Committees
A. Appointments. When a Board or Committee is
comprised of five members each City Commissioner shall
appoint one erson to serve as a representative on the Board
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Ord. No. 27 -09 -2019
or Committee. When there are more than five (5) members on
a Board or Committee, each City Commissioner shall appoint
one person to serve as a representative on the Board or
Committee and all members of such Board or Committee in
excess of five (5) shall be appointed by three (3) affirmative
votes of the City Commission based on recommendations
submitted by any City Commissioner. When a Board or
Committee has less than five (5) members, then the selection
of all members shall be by three (3) affirmative votes of the
City Commission from recommendations submitted by any
City Commissioner. Reappointments and/or replacements are
to be made in the identical manner as the original
appointments. The Mayor, with the adviee and eeiisent of the
Commission fflay appoint Boards or Committees to serve the
G.t<. 4 the pleasure of the !'..,«..,,s..sion for — the--- puufpooses
defined by the
C. Mandatory Board.
000-1. WIN 6110
Section
2.
The result of the referendum shall
be determined by a majority vote
of the electors
of the
City of South
Miami voting on the
question.
Section 3. The ballot title and substance of the amendment which shall appear
on the ballot shall be in the following form:
Title: CHANGING THE PROCESS BY WHICH MEMBERS OF BOARDS
AND COMMITTEES ARE CHOSEN.
SHALL ARTICLE II, SECTION 8, OF THE CITY'S
CHARTER, "BOARDS AND COMMITTEES ", BE
AMENDED TO PROVIDE THAT MEMBERS OF CITY
BOARDS AND COMMITTEES WILL BE APPOINTED
BY MEMBERS OF THE CITY COMMISSION INSTEAD
OF BOARD AND COMMITTEE MEMBERS BEING
APPOINTED ONLY BY THE MAYOR.
YES
NO
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Ord. No. 27 -09 -2019
Section 4. Notice of the election and a sample ballot showing the manner in
which the questions will appear on the ballot shall be published in a newspaper of general
circulation in the City of South Miami in accordance with the elections laws of the State
of Florida.
Section 5. The City Clerk is directed to take all necessary and proper actions to
carry out the provisions of this Ordinance.
Section 6. Upon adoption of the amendment by a majority of the City's electors
voting on the amendment, the City Clerk shall have the amendment incorporated into the
Charter and file the revised Charter with the Florida Department of State. The
amendment shall be effective upon certification of the results of the referendum.
Section 7. If any word, phrase, clause, section or subsection of this Ordinance
is ruled invalid or unconstitutional by a court of competent jurisdiction, the invalidity
thereof shall not affect the validity of the remaining portions of this Ordinance.
Section 8. All sections or parts of sections of the City's Charter, Code of
Ordinances, or Resolutions that conflict with this Ordinance or the Charter amendment
proposed herein are repealed, but only to the extent of the conflict.
Section 9. This Ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this November 3 , 2009.
ATTEST:
CITY CLERK
APPROVED AS
CITY ATTORNEY
APPROVED:
OR
I" Reading —10/20/09
2nd Reading —11/3/09
COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
Y/ice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
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