Ord. No. 27-08-1962ORDINANCE NO. 27-08-1962
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO
AMEND THE VOTING PROCEDURE TO REQUIRE FIVE
AFFIRMATIVE VOTES OF THE CITY COMMISION TO AMEND
LAND USE AND DEVELOPMENT REGULATIONS IN ANY
MANNER WHICH MAKES THEM LESS RESTRICTIVE TO THE
ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008
ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
pursuant to the requirements of section 5.03 of the Hoene Rule Charter of Miami -Dade
County and section 166.031, Florida Statutes, the city commission may by ordinance
submit to the voters a proposed amendment to its charter and schedule a special election
on the question not less than 60 days and not more than 120 days from the date the draft
is submitted; and,
WHEREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
Ordinances, a public hearing shall be held not less than 60 days before the election and
copies of the proposed amendment shall be made available to the public less than 30 days
before the election; and,
WHEREAS, the Mayor and City Commission desire to present this ordinance to
the regularly scheduled meeting of the City Commission of the City of South Miami on
July 22, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The following question shall be submitted to the electors of the City
of South Miami at the next general election:
Title: QUESTION: VOTING PROCEDURE; REQUIREMENTS FOR
ADOPTION.
SHALL ARTICLE II, SECTION 6 D.1. OF THE CITY
CHARTER, "REQUIREMENTS FOR ADOPTION," BE
AMENDED TO PROVIDE:
Additions shown by underlining and deletions shown by sr-iking
Pg. 2 of Ord. No. 27 -08 -1962
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AMENDS LAND USE AND
DEVELOPMENT REGULATIONS IN ANY MANNER TO
MAKE THEM LESS RESTICTIVE SHALL REQUIRE
FIVE AFFIRMATIVE VOTES OF THE CITY
COMMISSION.
YES
NO
Summary: If the question is approved by a majority of the voters voting at the
November , 2008 election, the Charter of the City of South Miami shall be amended as
follows:
ARTICLE II. City Commission
SECTION 6 D. 1. Requirements for Adoption
All resolutions or ordinances shall be adopted by the
indicated number of affinnative votes of the city commission.
Except as otherwise provided in this charter, four affirmative
votes of the city commission shall be required to approve the
actions indicated below:
To issue bonds or borrow money.
To apply current land use and development regulations in any
manner to make them less restrictive.
To grant, renew or amend any lease or franchises.
To transfer title to property.
To appropriate or expend non - budgeted funds.
To approve an initiatory ordinance pursuant to Article V.
Except as otherwise provided in this charter, five affinnative
votes of the city commission shall be required to approve the
action indicated below.
To amend land use and development regulations in any
manner to make them less restrictive.
Additions shown by underlining and deletions shown by ever -stfiking
Pg. 3 of Ord. No. 27 -08 -1962
Section 2. The regular November election shall be scheduled for November 4,
2008. If a majority of voters voting in the election approve the amendment to the charter,
all provisions of the charter code, the land development code and the code of ordinances
in conflict shall be repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall be codified and included in the Code of
Ordinances.
Section 7. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this 29t" day of Jam, 2008.
ATTEST: APPROVED:
C�?? Ct-. - k- �
C CLERK MAYOR
. � . ►gyp :�::: ` � � � :•
I" Reading — 7/22/09
2nd Reading — 7/29/08
COMMISSION VOTE: 3 -2
Mayor Feliu:
Nay
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Nay
Commissioner Beckman:
Yea
Commissioner Palmer:
Yea
Additions shown by underlining and deletions shown by ever-
CITY OF SOUTH MIAMI
NOVICE OF PUBLIC HEAnINQ
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City Commission
meeting scheduled for Tues da y ; July 29, 2008 beginning at 7:30 p.m. in
the City Commission Chambers, 6130 Sunset Drive; to consider the ,
following items.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE- CITY, OF SOUTH MIAMI, FLORIDA, RELATING TO
REQUEST `T0 AMEND LAND DEVELOPMENT.. CODE
SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING
FOR; ALL ._COMMERCIAL PROPERTIES, OFFICE FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING
DISTRICT." IN ORDER TO AMEND THE REQUIREMENTS '
AND STANDARDS` APPLICABLE 'TO OUTDOOR SEATING
FOR RESTAURANTS; DELETING REPETITIVE - SECTION 20-
7.29 ENTITLED. - "OUTDOOR SEATING /DINING USES AND
AREAS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES::. IN CONFLICT;. .AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A.
CHARTER AMENDMENT; PRESENTING AN .INITIATIVE TO
THE ELECTORATE OF.THE CITY AT -THE NOVEMBER 4;
. 2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO
REQUIRE- FIVE AFFIRMATIVE VOTES_, OF `THE CITY
COMMISSION TO MAKE LAND USE AND DEVELOPMENT.
REGULATIONS IN ANY MANNER LESS RESTRICTIVE;
PROVIDING, _FOR SEVERABILITY, ORDINANCES IN
'CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO A
CHARTER. AMENDMENT; PRESENTING AN INITIATIVE TO
THE ELECTORATE OF THE CITY AT THE NOVEMBER 4,
2008 :ELECTION, TO ,AMEND VOTING .PROCEDURE TO
REQUIRE FIVE AFFIRMATIVE VOTES OF THE 'CITY
COMMISSION ,IN ORDER TO 'ISSUE BONDS OR BORROW
MONEY IN EXCESS OF FIVE PERCENT OF.THE CITY'S
OPERATING' BUDGET;. PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
2, ARTICLE 1, SECTION 2- 2.1(B) AND (1vi)(1)(k), IN ORDERTO
BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE .I1,
SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCE
TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING THE CRYS 2, RTICLE 11, SECTIONS 2-6,2-7.1,2-10(d), 0 O ,I
AND 2-15, IN OR-
DER TO.. BRING THE CODE UP TO DATE, AND TO BE
CONSISTENT WITH THE CITY'S CHARTER ARTICLE 111,
SECTION. 1; AND EDITING THE ORDINANCE TO CORRECT
SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
2, ARTICLE III "BOARDS AND COMMISSIONS,". SECTIONS 2-
21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP, TO
DATE, 'AND TO' .BE CONSISTENT WITH THE CITY'S
CHARTER ARTICLE 11, SECTION 8 C; AND EDITING THE
ORDINANCE TO, , CORRECT SCRIVENERS ERRORS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR.AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING THE.CITY'S. CODE OF ORDINANCES CHAPTER
9, "ELECTIONS," SECTIONS 9 -1, 9-1.1.,9-2,9-3,9-6,9-7,9-8,
AND 9-10. IN ORDER TO_ BRING THE CODE UP TO DATE,
AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTI-
CLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND
EDITIN THE ORDINANCE TO CORRECT SCRIVENERS
EDITING
::THE
PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH. MIAMI, FLORIDA RELATING TO THE
ISSUANCE OF,A..CERTIFICATE OF APPROPRIATENESS
PURSUANT TO •SECTION. 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE TO PERMIT WALL SiGNAGE ON A
DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED
AT 5900 SUNSET DRIVE, (AMSTER BUILDINGS); PROVIDING
AN EFFECTIVEDATE.
If you have any inquiries on the above items please contact the City
Clerk's office at: 305 - 663340
ALL interested parties are invited to attend and will be heard.'
Maria M. Menendez, CMC
Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that'if.a person decides to, appeal any decision made by this Board,.
Agency or. Commission with respect to any matter considered at its
meeting or hearing, he or she will need a record of,the proceedings, and
i. that for such purpose, affected person may need to ensure that a verbatim
record of the proceedings is made which record .includes the testimony
and evidence upon which the appeal is to be based.
7118 08- 3- 120/1053390M
iteo Ono 07/24/2008 e Advertiser.- CITY OF SOUTH MIAMI
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday. July 29.2[a, beginning at 7aO p.m, in the City Cotnruj siw
Chambers, 61 SO Sunset Drive, the City Commission will hold Puba Hawings to
consider the Tullxeing items
All ORDINANCERELATING TO RE_QUESTTO.AMEND LAND DEVELOPMENT
CODE SECTION 20- 3.34Fj ENTITLED 'OLROOOR SEATING:DINING FOR
ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTES IN THE
RD RESIDENTIAL OFFICE ZONING DISTRICT.' W ORDER TO AMEND
THE REOUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION
20 -729 ENTTTLED `OUTDOOR SEATINGIDIN1NG USES AND AREAS'.
AN ORDINANCE RELATING TO A CHARTER AMENDMENT; PRESENTING
Alf INITIATIVE TO THE ELECTORATE OF THE CITY AT THE NOVEMBER 4.
2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO REQUIRE FIVE
AFFIRMATIVE VOTES OF THE CITY COMMISSION TO MA* LAND ME
AND DEVELOPMEFITREGULAT30NS IN ANY MANNER LESS RESTRICTIVE,
All OP.OINANCE RELATING TO A CHARIER AME;HDMEHT;
PRESENTING AN INITIATIVE TO THE ELECTORATE OF THE CRY
AT THE NOVEMBER 4, 2008 ELECTION, TO AMEND VOTING
PROCEDURE TO REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY
COMMISSION IN ORDER TO ISSUE BONDS OR BORROW MONEY
IN EXCESS OF FIVE PERCENT OF THE CRY'S OPMA71RG BUDGED.
AN ORDINANCE RELATING TO AMENDING THE CTEI"S CODE
OF ORD3PrME4 CHAPTER 2, ARTICLE 1, CH_TION 2 -2.1
(B1 AND IMiW(k), ION ORDER TO BE CONSISTENT WITH THE
Mrs CHARTER ARDME 0. SECTIONS 5 B. AND 6 B(3k AND
EDITING THE ORDMANCE TO CORRECT SCRIVENERS ERRORS.
AN ORDNANCE RELATING TO AMENDING THE GITF'S CODE: OF
ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2-6,2-7.1. 2- 10(dj,
AND 2.95, TN ORDER TO BRING THE CODE UP TO DATE, AND TO BE
Couas -i FJT 3YITR THE CTTI"S DMTER ARTICLE III, SECTION 1;
AND EDITING T14E ORDINANCE TO CORRECT SCRIVENERS ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CRY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE 39 -BOARDS A14D CoMmSSIONS,-
SECTI) Dig" 2- 21.2 -22, AN D 2 -23, IN ORDEP.TOBR INGTHECODE UPTO DATE,
ATNDTO BE CDNSISTEHTVNTHTHE GTY'SCRARTERARTICLF H, SECTION
8 C;ANG EDITING THE OSDINANCETO CORRECT SCRIVENERS ERRORS,
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 9, 'ELECTIONS," SECTIONS 8.1,
9 -2, 9-3; 9-6, 8-7, 9 -8. AND.e -10. IN ORDER TD BRING THE CODE
tip TO DATE AND TO BE CONSISTENT WITH THE CRY'S CHAPTER
ARTICLE V. AND WRN FLORIDA STATUTES CHAPTER 101; AND
EDITING THE ORDINANCE TO CORRECT SCRIVENNaS ERRORS.
A RESOLUTID14 RELATING TO THE ISSUANCE OF A CERTIFICATE
OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19s'EJ
(3) OF T E LAND DEVELOPMENT COQ£ TO PEntR :PALL
SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER BUILDINGS).
I you have any inquiries on the above Thetas please Contact the City Clerk's affix
at 305 - 66.26340.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
CNty Clerk
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