11CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
YOUR QUESTION
Your question is whether or not the Charter amendment of November 4, 2008, as
ratified by the voters, has been inserted into our Charter as mandated by the
electorate.
BACKGROUND AND ANALYSIS
The exact ballot question on November 4, 2008 was:
"Effective upon passage of this amendment, any ordinance that amends
land use and development regulations in any manner to make them less
restrictive shall require five affirmative votes of the City Commission ?"
As the result of the success of the above ballot question, Article II, Section 6 D.1
was amended to read that five affirmative votes of the City Commission were required:
"To amend land use and development regulations in any manner to make
them less restrictive."
The above addition to our Charter conforms to the ballot question approved by the
voters.
However, in addition to the above language, in an apparent effort to create what
some viewed as "clarification", it was also stated that four affirmative votes of the City
Commission were required:
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"To apply current land use and development regulations in any manner to
make them less restrictive ".
While the motive of achieving clarification is admirable, the fact is that the above
language was never authorized by the voters in the November 4, 2008 election.
It is therefore my opinion, that the Clerk should be directed to delete the above
language from the Charter as it expands the ballot language approved by the voters on
November 4, 2008.
It should be noted that Ordinance No. 27 -08 -1962 passed July 29, 2008; the City
Commission utilized the exact language that it is currently included in the amended
Charter. The City Commission further underlined the two changes wherein four votes
were required and wherein five votes were required. Nevertheless, the situation wherein
four votes were required was never placed on the ballot.
ATTACHMENT
Resolution
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RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, directing the City Clerk to delete from Article II,
Section 6 DA of the Charter language indicating that four affirmative
votes from the City Commission are required "To apply current land
use and development regulations in any manner to make them less
restrictive "; in that said language does not conform to the ballot
question presented to the voters on November 4, 2008; and providing
an effective date.
WHEREAS, the electors of the City of South Miami approved the following
Charter amendment to wit:
SHALL ARTICLE II, SECTION 6 D. 1. OF THE CITY CHARTER,
"REQUIREMENTS FOR ADOPTION," BE AMENDED TO
PROVIDE:
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT, ANY
ORDINANCE THAT AMENDS LAND USE AND DEVELOPMENT
REGULATIONS IN ANY MANNER TO MAKE THEM LESS
RESTRICTIVE SHALL REQUIRE FIVE AFFIRMATIVE VOTES
OF THE CITY COMMISSION.
WHEREAS, by Ordinance No. 27 -08 -1962, the City Commission did on July 29,
2008 also authorized language under Section 6 D. 1, wherein it was also stated that four
affirmative votes of the City Commission were required:
"To apply current land use and development regulations in any manner to
make them less restrictive ".
WHEREAS, the City Attorney opined that the ballot question submitted to the
electorate does not contain the above language.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; that
Section 1. The above whereas clauses are incorporated by reference into the
body of this resolution.
Section 2. The City Clerk is hereby directed to delete from the Charter the
language stating that four affirmative votes of the City Commission are required "To
apply current land use and development regulations in any manner to make them less
restrictive ".
Section 3. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this _ day of March, 2010.
".81W311
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
Laurence Feingold,
Office of City Attorney
WAMy Documents\resolutions \Resolution urging procedure.stoddard.doc
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
ORDINANCE 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 IN111ATIVE, 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 ' 7'I-lEM 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 Home Rule Charier 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 Commi sion 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. l e OF THE CITY
CHARTER, "REQUIREMENTS FOR ADOPTION," BE
AMENDED TO PROVIDE:
Additions shown by underlinine and deletions shown by ewf5tri ,
Pg..2 of Oi`d. No. 27 -08 -1962
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AMENDS LAND USE AND
DEVELOPMENT REGULATIONS IN ANY MANNER TO
MADE THEM LESS RESTICTIVE SHALL REQUIRE
FIVE AFFIRMATIVE VOTES OF TEE 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 Con mission
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 apply current Iand use and development regulations in any
inanner 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 affirmative
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 elg:
Pg. 3 of Ord. Nd. 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 charier,
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 29A day of Juiy: 2008,
ATTEST:
C 'I` Y CLERK
AS
MAYOR__
1 se Reading — 7/22/0
2aa Reading — 7/29/08
COMMISSION VOTE: 3 -2
Mayor Feliu: Nay
Vice Mayor Beasley: Yea
Commissioner Wiscombe: Nay
Commissioner Beckman: Yea
Commissioner Palmer: Yea
Auditions shown by nnderlinina and deletions shown by eyep5t-,- a