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12I).. 1 RESOLUTION NO. _____ _ 2 3 An Ordinance amending South Miami Code of Ordinances, article I, chapter 2, 4 section 2-2.1(K) prohibiting the sending and receiving of electronic communication 5 by a Commission member while the member is sitting on the dais during a 6 Commission meeting. 7 8 Whereas, Commissioners have expressed disapproval with the use of electronic communication 9 devices by members of the City Commission during commission meetings for sending and receiving 10 electronic messages; and 11 12 Whereas, the sending and receiving of electronic messages is distracting to the other 13 COlllllllSsloners. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 17 18 Section 1: The South Miami Code of Ordinances, article I, chapter 2, section 2-2.1(K) shall be amended 19 as follows: 20 (K) DECORUM. 21 (l) By commission members. While the commission is in session, the members must 22 preserve order and decorum, and a member shall neither by conversation or otherwise 23 delay or interrupt the proceedings or the peace of the commission nor disturb any 24 member while speaking or refuse to obey the orders of the commission or its presiding 25 officer, except as otherwise provided. Commissioner members shall turn off all 26 communication devices other than those used to view commission agenda items and those devices 27 shall have their external communication either disconnected or deactivated during the time between 28 the start of a commission meeting and the time that such meeting is adjourned for the day. 29 30 Section 2: Codification. The provisions of this ordinance shall become and be made 31 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 32 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 33 "ordinance" may be changed to "section" or other appropriate word. 34 35 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 36 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 37 shall not affect the validity of the remaining portions of this ordinance. 38 39 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 40 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 41 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 42 that give the appearance of being in conflict when the two ordinances can be harmonized or 43 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 44 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby Page 1 of2 1 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 2 to harmonize the two ordinances shall be repealed. 3 4 Section 5. Effective Date. This ordinance shall become effective upon enactment. 5 6 PASSED AND ENACTED this day of ,2012. 7 8 ATTEST: APPROVED: 9 10 11 12 CITY CLERK MAYOR 13 14 1 st Reading 15 2nd Reading 16 17 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 18 LANGUAGE, LEGALITY AND Mayor Stoddard: 19 EXECUTION THEREOF Vice Mayor Liebman: 20 Commissioner Newman: 21 Commissioner Harris: 22 Commissioner Welsh: 23 CITY ATTORNEY 24 25 26 27 28 29 30 31 w:\my documents\resolutions\resolution texting at meetings prohibited Cwelsh).doc Page 2 of2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 4/3/2012 in the XXX X Court, was published in said newspaper in the issues of 03/23/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fo publication in the said newspaper. Sworn to and subscribed before me this 23 day of MARCH ,A.D. 2012 (SEAL) V. PEREZ personally known to me Notary Public State of Rorida Cheryl H. Marmer My Commission 00793490 Expires 07/1812012 THE MIAMI HERALD I MiamiHerald.com MOTORS US-1 & South 160-180 Street in Miami southmotors.com COCONUT GROVE THE CHERRY GROUP THE COCONUT GROVE REALTORS SYLVIA CHERRY, PA GARY HECHT, PA 305.992.2211 VISIT CHERRYMIAMIHOMES.COM Coldwell Banker Residential Real CITY OF SOUTH MIAMI COURTESY NOTICE SE SUNDAY, MARCH 25, 2012 I 21SE 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. April 3. 2012. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning district. A Resolution relating to a request for two variances from Section 20-3.5(E) of the Land Development Code, to allow the lot size to be 5,875 square feet, where a minimum lot size of 6,000 square feet is required; and to allow 50 feet of frontage where 60 feet is required, on property located at 6457 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. A Resolution relating to a request for a variance from Section 20-3.5(E) of the Land Development Code, to allow 54 feet of frontage where 60 feet is required, on property located at 6501 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. A Resolution authorizing the City Manager to extend the audit contract, relating to financial audit services, with the audit firm of Keefe, McCullough & CO. LLP., for one additional year, for a total of three consecutive years. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. ( An Ordinance amending South Miami Code of Ordinances, Chapter 2, ArtiCle), Sec. 2-2.1 (1<)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-634 . 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.