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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
10
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.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
17
18 Section 1. Section 20-6.1 (B)(4) is hereby amended to read as follows:
19
20 Procedures.
21 (a)Quorum and voting.
22 1. A quorum shall be :five four (.§. 4) members.
23 fro A majority vote of the members present shall be required to pass l:lpeH: 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 1'.'0'0
26 to tvv'O 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
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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-lettered to accomplish such intention; and that the word
34 "ordinance" may be changed to "section" or other appropriate word.
35
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.
39
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41 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.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44 when only a portion of the ordinance in conflict needs to be repealed to harmonize the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
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 ,2013.
7
8 ATTEST: APPROVED:
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10
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12 CITY CLERK MAYOR
13 1 st Reading
14 2nd Reading
15
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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Page 2 of2
DECEMBER. 30, 2012 I
MiAMI DA~l Y 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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review 11k/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 -JANUARY 8, 2013
in the XXXX Court,
was published in said newspaper in the issues of
12/28/2012
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
heretofoie been continuously published in said Miami-Dade County,
Rorida, each day (except Saturday, Sunday and Legal Holidays)
. and has been entered as second class mall 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, reb . or refund for the purpose
of securin' sement for ubiicatiori in the said
aper·~ ___ :::",,~-r--........,
28 day of DECEMBER ,A.D. 2012
(SEAL)
MARIA MESA personally known to me
~otary Public State of FlOrida
heryl H Marmer ~Y ~ommission EE 189528
"J(plres 07/1812016