161 ORDINANCE NO. _____ _
2
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.
7
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
10
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
13
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
16
17 WHEREAS, the adoption of Ordinance No. 3-13-2150 is in conflict with the City
18 Charter; and
19
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).
22
13
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
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 of Ord. No. 3-13-2150 so as to read as follows:
30
31 (4) Procedures.
32 (a) Quorum and voting.
33 i. A quorum shall be five tffitr-(~ 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. However, in the event that only four (4) members are
37 present and the vote is split 1'.'0'0 to two the application shall not be
38 defeated but shall be deferred unti I at least five (5) members of the
39 Planning Board are present to address the Issue.
40
41
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
~4 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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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 o(ordinances in direct conflict herewith are h~reby
repealed. However, it is 'not the intent of this section to repeal entire ordinances, or parts
of ordinances, that give the appearance of being in ~onflict when the two ordinances can
be harmonized or when Olily a portion of thy ordimmce in conflict needs to be repealyd to
harmonize the ordinances. If the ordinance in conflict can be harmonized by amending
its terms, it is hereby;amellclecl to harmonize the two·orclinances. 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 ADOPTED this _ day of ______ ; 2013.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
, i
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPRQ)VED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Page 2 of2
,*.to
ORDlNANCE NO. 3-13-2150
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 Planning 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::i¥e four (~4) members.
11. A majority vote of the members present shall be required to pass 'Hf**l 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
ordinance may be renumbered or re-Iettered 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 pm1s 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 parts 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 conflict can be harmonized by amending its terms, it is hereby
Page 1 of2
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: APPROVED:
MA OR
1 st Reading 1 2/1 8/ 1 2
2 nd Reading 8 / 1 3
COMMISSION VOTE: 3-2
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Nay
Commissioner Harris: Nay
Commissioner Welsh: Yea
Page 2 of2
MIAMI CAlLY 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
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review flk/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 -MARCH 19, 2013
in the XXXX Court,
was published in said newspaper in the issues of
03/08/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and th.at 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, r ate, com . .' or refund for the purpose
of securing t adve' ment for ublication in the said
newspape . >/.,
MARIA MESA
O.V. FERBEYRE personal
_ CITY OF' SOUTH MIAMI
NOT~c:E OF PUBLICHEAR'NG
NOTICE IS HEREBY;'g@ict;q;~fthe~citi',c~~tiii~Sion.pf the City.of
South Miami, Florida will condu<?! Public Heanng(s)at ItS. regularGlty
Commi$!?ion:m~eting·'~<?1]~9lJ!Ef>~Tfor ,Tuesdav,.March 19, 2013, tS~gin·nrnlfat1:00'p:m.; ihlh'e QityCommission Chambers, 6130 Sunset
Drive, to consider the followinp item(s):
;~)~~~QlutlonalJthoti~i~g~~~9ItyN.~?g~rt~a~?~9~. one year •.
. contract with an option td reflew for two ore-year OP.tIOI)S to t~e .
. most responsive and resPClnsible· bidde~for,the()lty'sseOior
Program~eekehd:QeliverYme~1 service.-..· ..... .