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1 ORDINANCE NO. _____ _
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3 An Ordinance amending Section 20-6.1(B)(4)(a) of the Land Development
4 Code titled "Planning Board Procedures" changing the number of members
5 that constitute a quorum; amending Ordinance No. 3-13-2150 to revert back
6 to the language prior to its enactment.
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8 WHEREAS, the City Commission, at its January 8, 2013 meeting adopted Ordinance
9 No. 3-13-2150, amending Section 20-6. 1 (B)(4)(a), Quorum and Voting; and
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11 WHEREAS, Ordinance No. 3-13-2150 amended the number of Planning Board
12 members that constitute a quorum, from five (5) to four (4); and
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14 WHEREAS, Article II, Section 8 C.1 of the City Charter titled "Mandatory Board"
15 stipulates the quorum for the Planning Board shall consist of five (5) members; and
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17 WHEREAS, the adoption of Ordinance No. 3-13-2150 is in conflict with the City
18 Charter; and
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20 WHEREAS, the Mayor and City Commission desire to repeal Ordinance No. 3-13-2150,
21 amending the Land Development Code Section 20-6. 1 (B)(4)(a).
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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27 Section 1. Ordinance No. 3-13-2150, which changed the number of members that
28 constitute a quorum on the Planning Board, is hereby amended to revert back to the language
29 prior to enactment ofOrd. No. 3-13-2150 so as to read as follows:
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31 (4) Procedures.
32 (a) Quorum and voting.
33 i. A quorum shall be five fetH'-(~ 4) members.
34 ii A majority vote of the members present shall be required to pass
35 upon any matter on which the board is required to act under this
36 Code. Hm",e",er, in the event that only four (4) members are
37 present and the vote is split 1'.",0 to t\VO the application shall not be
38 defeated but shall be deferred until at least five (5) members of the
39 Planning Board are present to address the issue.
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42 Section 2. Codification. The provisions of this ordinance shall become and be
43 made part of the Code of Ordinances of the City of South Miami as amended; that the
44 sections of this ordinance may be renumbered or re-lettered to accomplish such intention;
45 and that the word "ordinance" may be changed to "section" or other appropriate word.
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this
2 ordinance is for any reason held invalid or unconstitutional by a court of competent
3 jurisdiction, this holding shall not affect the validity of the remaining portions of this
4 ordinance.
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6 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
7 sections and parts of sections of ordinances in direct conflict herewith are hereby
8 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
9 of ordinances, that give the appearance of being in conflict when the two ordinances can
10 be harmonized or when only a portion of the ordinance in conflict needs to be repealed to
11 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending
12 its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that
13 portion that needs to be repealed to harmonize the two ordinances shall be repealed.
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15 Section 5. Effective Date. This ordinance shall become effective upon
16 enactment.
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PASSED AND ADOPTED this _ day of ______ :, 2013.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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ORDINANCE NO. _3_-_1 _3 -_2_1_5_0 __
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.
WHEREAS, twice during the last month Planning Board meetings have been cancelled
for lack of a quorum; and
WHEREAS, four affirmative votes are required to pass Planning Board agenda items
when six or seven Plamling Board members are present and three affirmative votes are required
to pass Planning Board agenda items when five Planning Board members are present.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20-6.1 (B)( 4) is hereby amended to read as follows:
Procedures.
(a)Quorum and voting.
1. A quorum shall be:f:fve four (o§. 4) members.
11. A majority vote of the members present shall be required to pass tl:f6R any
matter on which the board is required to act under this Code. However, in
the event that only four (4) members are present and the vote is split two
to two the application shall not be defeated but shall be deferred until at
least five (5) members of the Planning Board are present to address the
issue.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinancc may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or palis of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in cont1ict can be harmonized by amending its terms, it is hereby
Page 1 0[2
Ord. No. 3-13-2150
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 8th day of January ,2013.
ATTEST:
1st Reading
2nd Reading
APPROVED:
COMMISSION VOTE: 3-2
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Nay
Commissioner Harris: Nay
Commissioner Welsh: Yea
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