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ORDINANCE NO. _____ _
An Ordinance amending section 20-6.1(B)(4) i and ii of the City of South
Miami Land Development Code to change the number of members that
constitute a quorum and the number of votes required to approve an
application.
8 WHEREAS, twice during the last month Planning Board meetings have been cancelled
9 for lack of a quorum; and
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11 WHEREAS, four affirmative votes are required to pass Planning Board agenda items
12 when six or seven Planning Board members are present and three affirmative votes are required
13 to pass Planning Board agenda items when five Planning Board members are present.
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15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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18 Section 1. Section 20-6.1 (B)( 4) is hereby amended to read as follows:
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20 Procedures.
21 (a)Quorum and voting.
22 1. A quorum shall be ffie four (~4) members.
23 11. A majority vote of the members present shall be required to pass tIf*ffi any
24 matter on which the board is required to act under this Code. However, in
25 the event that only four (4) members are present and the vote is split two
26 to two the application shall not be defeated but shall be deferred until at
27 least five (5) members of the Planning Board are present to address the
28 Issue.
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31 Section 2. Codification. The provisions of this ordinance shall become and be made
32 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
33 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
34 "ordinance" may be changed to "section" or other appropriate word.
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36 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
37 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
38 shall not affect the validity of the remaining portions of this ordinance.
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40 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
41 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
42 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
43 that give the appearance of being in conflict when the two ordinances can be harmonized or
44 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
45 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
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Be.
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.
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4 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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6 PASSED AND ENACTED this __ day of ,2013.
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8 ATTEST: APPROVED:
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12 CITY CLERK MAYOR
13 1 st Reading
14 2nd Reading
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16 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
17 LANGUAGE, LEGALITY AND Mayor Stoddard:
18 EXECUTION THEREOF Vice Mayor Liebman:
19 Commissioner Newman:
20 Commissioner Harris:
21 Commissioner Welsh:
22 CITY ATTORNEY
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