16F0
I ORDINANCE NO:
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3 An Ordinance of the Mayor and City Commission of the City of South
4 Miami, Florida, amending the City Charter by establishing term
5 limits for the Mayor and City Commission, subject to approval by the
6 electorate at a referendum to be held on November 2, 2010; providing
7 ballot language; directing the City Clerk to take all necessary actions
8 to carry out the provisions of this ordinance; providing an effective
9 date for the amendment and directing the City Clerk to incorporate
10 the amendment into the Charter and to file the revised charter with
11 the Florida Department of State; providing for severability, conflict,
12 and an effective date.
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15 WHEREAS, the Twenty Second Amendment to the United States Constitution
16 limits the term of the President of the United States to two terms in office, and
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18 WHEREAS, Article IV, Section 5(b) of the Florida Constitution, imposes term
19 limits upon the Governor, and
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21 WHEREAS, incumbent Mayors and City Commissioners have greater name
22 recognition and better opportunities to raise large amounts of campaign money. These
23 advantages may deter potential candidates from challenging incumbents. Term limits,
24 therefore, helps ensure that citizens will frequently have new choices when selecting their
25 leaders and prevents an incumbent from becoming a career politician. To encourage
26 qualified candidates to seek public office, the powers of incumbency must be limited and
27 limitations placed on the number of terns which may be served, and
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29 WHEREAS, Section 166.031(1), Fla. Stat., provides, in part, that "the governing
30 body of a municipality may, by ordinance, ... , submit to the electors of said municipality
31 a proposed amendment to its charter, which amendment may be to any part or to all of
32 said charter except that part describing the boundaries of such municipality ", and
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34 WHEREAS, the Mayor and City Commission find it to be in the best interest of
35 the citizens of South Miami to present to them, at a referendum election to be held on
36 November 2, 2010, a proposed amendment to the City's Charter to impose terms limits
37 on the Mayor and City Commission.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
40 OF THE CITY OF SOUTH MIAMI, FLORIDA:
41
42 Section 1. Subject to the approval of the City's electors at the next election to
43 be held on November 2, 2010, Article V, Elections, of the City's Charter shall be
44 amended by the addition of new Section 2(D), Term Limits, to read:
45
Page 1 of 3
I No person may appear on the ballot for election as Mayor or City Commissioner
2 if, by the end of his or her current term of office, the person will have served (or, but for
3 resignation would have served) in office as the Mayor or as a City Commissioner for a
4 total of nine years or more.
6 Section 2. The result of the referendum shall be determined by a majority
7 vote of the electors of the City of South Miami voting on the question.
9 Section 3. The ballot title and substance of the amendment which shall appear
10 on the ballot shall be in the following form:
11
12 Title: TERM LIMITS FOR THE MAYOR AND CITY COMMISSIONERS
13
14 Shall Article V, Section 2(D), Of The City's Charter, be
15 added to Provide that "No person may appear on the Ballot
16 for Election as Mayor or City Commissioner if, by the end
17 of his or her current term of office, the person will have
18 served (or, but for resignation would have served) in office
19 as the Mayor or as a City Commissioner for a total of nine
20 years or more.
21
22 YES _
23
24 NO _
25
26 Section 4. Notice of the election and a sample ballot showing the manner in
27 which the questions will appear on the ballot shall be published in a newspaper of general
28 circulation in the City of South Miami in accordance with the elections laws of the State
29 of Florida.
30
31 Section 5. The City Clerk is directed to take all necessary and proper actions
32 to carry out the provisions of this Ordinance.
33
34 Section 6. Upon adoption of the amendment by a majority of the City's
35 electors voting on the amendment, the City Clerk shall have the amendment incorporated
36 into the Charter and file the revised Charter with the Florida Department of State. The
37 amendment shall be effective upon certification of the results of the referendum.
38
39 Section 7. If any word, phrase, clause, section or subsection of this Ordinance
40 is ruled invalid or unconstitutional by a court of competent jurisdiction, the invalidity
41 thereof shall not affect the validity of the remaining portions of this Ordinance.
42
43 Section 8. All sections or parts of sections of the City's Charter, Code of
44 Ordinances, or Resolutions that conflict with this Ordinance or the Charter amendment
45 proposed herein are repealed, but only to the extent of the conflict.
46
Page 2 of 3
I Section 9. This Ordinance shall take effect immediately upon adoption.
2 PASSED AND ADOPTED this 2010.
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Evu 14-81
CITY CLERK
I st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
W: \My Documents\Elections 2010 Charter Amendment \ORDINANCE - Charter Amendment term limits.doe
Page 3 of 3
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