Ord. No. 28-08-1963ORDINANCE NO. 28 -08 -1963
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 VOTING PROCEDURE TO REQUIRE FIVE AFFIRMATIVE
VOTES OF THE CITY COMMISION INORDER TO ISSUE BONDS OR
BORROW MONEY IN EXCESS OF FIVE PERCENT OF THE CITY'S
OPERATING BUDGET 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 Home 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 underlinins and deletions shown by evers#iking
Pg. 2 of Ord. No. 28 -08 -1963
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all provisions of the charter code and the code of ordinances in conflict shall be repealed.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of this ordinance are repealed.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 29th day of July, 2008.
ATTEST:
Y CLERK
READ" ROVED O FORM
CITY Y
APPROVED:
� an P'- L.- ^
OR
1St Reading - 7/22/0
2nd Reading - 7/29/08
COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Wiscombe: Yea
Commissioner Beckinan: Yea
Commissioner Palmer: Yea
Additions shown by underlining and deletions shown by eve *r g.
Pg. 2 of Ord. No. 28 -08 -1963
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AUTHORIZES THE
ISSUANCE OF BONDS OR THE BORROWING OF
MONEY IN EXCESS OF FIVE PERCENT OF THE CITY'S
OPERATING BUDGET 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 affirmative 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 grant, renew or amend any lease or franchises.
To transfer title to property.
To liberalize land use and development regulations.
To appropriate or expend non - budgeted funds.
To approve an initiatory ordinance pursuant to Article V.
Except as otherwise provided in this charter, five affinmative
votes of the city commission shall be required to approve the
action indicated below.
To issue bonds or borrow money in excess of five percent of
the city's current operating buds
Additions shown by underlining and deletions shown by ever-s,.. g.
V V Vl
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 Tuesday, 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 . LAND DEVELOPMENT.. CODE
REQUEST SECTION 20-3.3(E) SEATING/DINING
FOR ALL... COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RQ 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
DATE. CONFLICT;. .AND PROVIDING' AN
EFFECTIVE -
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 AK 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 (M)(1)(k), IN ORDER TO
BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE.11,
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 CITYS CODE OF
2, ARTICLE II, SECT NS 2.-6, 2- 7.1.22-1 CHAPTER
0(d), AND 2 15,
A O IN OP,
DER TO-BRING THE CODE UP TO DATE, AND TO BE
CONSISTENT WITH THE CITY'S CHARTER ARTICLE III,
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 ' O0 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.CITX 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
EDITING` °%THE ORDINANCE. TO CORRECT SCRIVENERS
ERRORS' 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 EFFECTIVE DATE
If you have any inquiries on the above items please contact the City
Clerk's office at: 305 - 663-6340
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City 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
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
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Page 1 of 1
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Ttlesft ,duty 23, 2M, beginning at 7,20 P.m., in the City Commission
Chambers, StS0 Sunset Drive, the City Commission mill hold Public Hearings to
consider the follmAng Gems;
AHORDINANCERELATING TO FIEMIESTT40AMENDLAtJD DEVELOPMENT
CODE SECTION 20- 3.3(Ei ENTITLED 'OU MOOR SEATIRMIDINING FOR
ALL COGTMERI PROPERTIES, EXCEPT FOR PROPERTIES IN THE
RO RESIDENTIAL OFFICE ZONING 0181RIC17' BJ.ORDER TO AMEND
THE REQIJIR24 MS AND STANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS; DaETRIG REPETITIVE SECTION
20 -7.29 ENTITLED "OUTDOOR SEATIRGIDWING USES AND AREAS'.
AN ORDINANCE RELATING TO A CHARTER AMENDMENT, PRESENTING
AN INITIATIVE TD THE ELECTORATE OF THE CITY ATTRE NOVEMBER 4.
2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO REQUIRE FIVE
AFFIRMATIVE VOTES OF THE CITY COMMISSION TO M..W LAND WE
MID DEVELOPMENT REGULATIONS iN ANY WANNER LESS RESTRICTIVE..
ATI GRDIHA -N E RELATING TO A CHARTER AMENDMENT;
PRESF3{TW6 AN U{ITIATK TO THE ELECTORATE OF THE CITY
AT THE I'OVE61BER 4, 2006 ELECTION, 10 AMEND VOTING
PROCEDURE TO REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY
COMMISSION IN ORDER TO ISSUE BONDS OR BORROW MONEY
1N EXCESS OF FRE PERCENT OF THE CITY'S OPERATING FUDGE[
ORDINANCE RELATING TO AMENMG THE CITY'S CODE
OF QRDOMCES CHAPTER 2, ARTICLE 1, SECTION 2 -2.1
0 AND (M10)(k), IN ORDER TO BE CONSISTENT WITH THE
GI I"S CHARTER ARTICLE I. SECTIONS 5 B. AND .6 8(3k AND
EDITING THE ORDINANCE TO CORRECT SCRI I ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2-6, 2 -T.1, 2- 1DITII,
AND 2 -15 IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE
COIJSI -iiii wrm THE CRY'S CHARTER ARTICLE III, SECTION 1,
AND EDITING THE ORDINANCE TO CORRECT SCMVERI3i5 ERRORS.
AN ORDINANCE RFIATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE IN - BOARDS AND COMMISSIONS,'
SECTIONS 2- 21,2- 22,AND 2- 23 ,HIORDERTORRIIGTHECODEUPTODATE,
ANOTO BE COt SISTENT9gITHTHE CITY'SCHARTERARIICLE R, SECTION
8 C;AND EDITING THE ORDINANCE TO CORRECT SGWMJERS ERRORS.
AN DRDifIAIIC£ RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 9, "ELECTIONS; SECTIONS 9.1,
9 -2, 9 -3, 9-6, 9-7, 5-8. AND.9 -10, IN ORDER TO BRING THE CODE
UP TO DATE, AND TO BE CONSISTENT 1VITH THE CITY'S CHAPTER
ARTICLE V AND WITH FLORIDA STATUTES CHAPTER 101; AND
EDITING THE ORDNANCE FO CORRECT SCRIVEN-rRS ERRORS,
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE
OF APPROPRIATENESS PURSUANT TO SECTION 2075.195'El
(3) OF THE LAND DEVELOPMENT CODE TO PERMIT IVAL.L
SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER BIHLDINGSj.
N Nu have anYinquiriDs, on the abave hem please wraact the Ch,/ Cle&S ofte
at•305- 66:-6340,
ALL interested Parties are Invited to attend and wflF he heard.
Maria M. Menendez, CMC
City Clerk
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