14IV
1 ORDINANCE NO. ______ _
2
3 An Ordinance of the City of South Miami, amending Section SA-4.1 titled
4 "Reserved", re-titling it as "Prohibited Commission Actions", and
5 prohibiting a commission member from making certain representations in
6 his or her official capacity.
7
8 WHEREAS, the Commission desires to restrict any of its members from acting as a
9 representative of this body without the consent of the majority of the Commission; and
10
11 \VHEREA8, the Commission desires to prohibit any of its members from acting
12 independently in making or publishing statements or statistics as substantiated fact without staff
13 review; revie'.\' by an independent consultant hired by the Commission; or viith an endorsement
14 from the maj ority of the Commission.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
18
19 Section 1: Section 8A-4.1 titled "Reserved" of the City of South Miami's Code of
20 Ordinances is hereby amended as follows:
21 "Sec. SA-4.1 -ReservedProhibited Commission Actions
22 * * *
23 1. Every person included in the terms defined in paragraph (b) (l) "commission
24 members" is prohibited from acting as a representative of the Commission without the consent of
25 the majority other than for the purpose of presiding over ceremonial functions or civic
26 functions as an invited guest.
27
28 2. Evert person included in the terms defined in paragraph (b) (1) "commission
29 members" is prohibited from acting independently and in his or her official capacity, as a
30 commission member, in making or publishing statements or statistics as substantiated fact
31 without review and approval of City staff; revievied and approval by an independent consultant
32 hired by the commission; or without an endorsement from the mill ority of the commission.
33
34 Section 2: Codification. The provisions of this ordinance shall become and be made
35 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
36 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
37 "ordinance" may be changed to "section" or other appropriate word.
38
39 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
40 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
41 shall not affect the validity of the remaining portions of this ordinance.
42
43 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
44 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Page 1 of2
1 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
2 that give the appearance of being in conflict when the two ordinances can be harmonized or
3 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
4 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
5 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
6 to harmonize the two ordinances shall be repealed.
7
8 Section 5. Effective Date. This ordinance shall become effective upon enactment.
9
10 PASSED AND ENACTED this __ day of ,2012.
11
12 ATTEST: APPROVED:
13
14
15
16 CITY CLERK MAYOR
17 1 st Reading
18 2nd Reading
19
20 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
21 LANGUAGE, LEGALITY AND Mayor Stoddard:
22 EXECUTION THEREOF Vice Mayor Liebman:
23 Commissioner Newman:
24 Commissioner Harris:
25 Commissioner Welsh:
26 CITY ATTORNEY
27
28
29
30 w:\my documents\resolutions\ordinance amending sec 8a-l.newman.doc
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MiamiHerald.com
US-1 & South 160-180 Street in Miami southmotors.com
DCL57~
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, October 2, 2012, beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance amending the City's Land Development Code, Section 20-3.1, titled
"Zoning Use Districts and Purposes" so as to create a new zoning district titled
"Religious" and to define the district.
An Ordinance amending the City's Land Development Code, Section 20-3.3(D),
Permitted use schedule to create a category for religious uses titled "Religious"
and zoning abbreviation for this zoning district with the letter "R" and to establish
the areas of permitted use by right and permitted special use for this type of use.
An Ordinance amending the City's Land Development Code, Section 20-3.4,
Special use conditions, creating a new zoning category titled "Religious".
An Ordinance amending the official zoning map from Public Institutional "PI" to
Religious "R" for properties located at 6781 Sunset Drive, and 6750 Sunset Drive.
(
'An Ordinance ofthe City of South Miami, amending Section 8A-4.1 titled "Reserved")
re-titling it as "Prohibited Commission Actions", and prohibiting a commission
member from making certain representations in his or her official capacity.
A Resolution relating to a request pursuant to Section 20-3.4 of the Land
Development Code for Special Use Approval to locate an automobile repair
and body shop at 5780 SW 68th Street, within the TODD LI-4 (Transit Oriented
Development District -Light Industrial) zoning district.
A Resolution relating to a request for a variance of 1 O-feet from Section 20-3.5(E) of
the Land Development Code, to allow 50 feet of frontage where 60 feet is required,
and to allow 5,875 square feet where 6,000 is required on property located at
6487 SW 60th Avenue, South Miami Florida, within the RS-4 zoning district; to
permit the construction of a new one-story, LEED (silver) affordable single family
residence within the City's Community Redevelopment Area.
A Resolution authorizing the City Manager to enter into a three-year agreement
with Kelly Janitorial Systems, Inc. for janitorial services as required by the City.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
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.
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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. REYNOSO, 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
PUBLIC HEARING -OCTOBER 2, 2012
in the XXXX Court,
was published in said newspaper in the issues of
09/21/2012
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 for publication in the said oe-::v. ~
Sworn to and subscribed before me this
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