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a.. City Commission Mayor Phillip Stoddard Vice Mayor Josh Liebman Commissioner Bob Welsh Commissioner Valerie Newman Commissioner Walter A. Harris .. Charter Review Committee City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Tel: 305-663-6340 email: mmenendez@southmiami.gov OVERVIEW Charter Review Committee Javier Banos, Esq. John Makemson, Ph.D. Dean Whitman, Ph.D. Deltravis Williams Dan McCrea, Chair Murray Greenberg, Of Counsel South Miami Charter Amendment Categories : Makes changes to the number of Commission votes required to pass some resolutions and ordinances. atone Issue t : Moves City of South Miami elections from February to November so they are conducted with the general election Substantive revisions: Makes a number of substantive changes to the City Charter Minor revisions: Makes a number of minor changes to the City Charter Page 1 of 1 • • .. .. CITY OF SOUTH MIAMI CHARTER .. City Commission Mayor Phillip Stoddard Vice Mayor Josh Liebman Commissioner Bob Welsh Commissioner Valerie Newman Commissioner Walter A. Harris Dear Mayor and Commissioners .. South Miami Charter Review 2012 -2014 PROGRESS REPORT August 2013 .. Charter of The City of South Miami Amended 14 February 2012 Page 2 of 40 Charter Review Committee Javier Baiios, Esq. John Makemson, Ph.D. Dean Whitman, Ph.D. Deltravis Williams Dan McCrea, Chair Murray Greenberg, Of Counsel Below, please find the Charter Review Committee's recommendations for amending the City Charter. They are the result of a careful section by section review ofthe Charter, which includes an extensive solicitation for comments and suggestions from City Commission, Staff, employees, and the public, a public workshop, interviews with multiple City Staff and Department Directors, as well as the services of experienced legal counsel to the Committee. The intended process is to have one or two Committee of the Whole meetings with the Commission prior to the budget process, as well as at least one additional pubic workshop. Then in October, after the budget process, the Committee will deliver its finished recommendations to the Commission. That should leave enough time for the Commission to consider the recommendations, including whatever public process it may want to implement, and place items on the November 2014 election ballot. The Committee has given careful consideration, and taken council on, how to "bundle" issues for the ballot. There are proposed amendments that the Committee recommends stand alone, a large group that make up substantial revisions which the Committee recommends are bundled together, and another group that make up minor revisions that the Committee recommends are bundled by themselves. This copy has changes tracked in the conventional color coding of blue underline for insertions and Feel stFil(etRFsl:IgR fSF eleletisAs . Additionally, the Committee has identified stand-alone and bundled issues as follows: tand-a lpn'j!; IS$1III! tw ·, Substantive revisions Minor revisions Members of the Committee look forward to discussing our recommendations with the Commission and the public as directed by the Commission, to the best of our ability. Please don't hesitate with any questions at any point in the process. Respectfully, Dan McCrea, Chair On behalf of the Charter Review Committee .. .. Table of Contents I .. MIAMI-DADE COUNTY'S CITIZENS' BILL OF RIGHTS Article I -Establishment Section 1: Name Section 2: Existence Section 3: Boundaries Section 4: Form of Government Section 5: Authority Article 11-City Commission Section 1: Composition Section 2: Mayor Section 3: Compensation Section 4: Vacancies Section 5: Meetings Section 6: Ordinances Section 7: Officers Section 8: Boards & Committees Section 9: Investigations Section 10: Civil Service/Merit System Section 11: Departments Article III -The City Manager Section 1: Appointment Section 2: Qualifications Section 3: Removal Section 4: Acting City Manager Section 5: Powers & Duties Article IV -Finance Section 1: Fiscal Year Section 2: Budget Section 3: Revenues Section 4: Administration .. Charter of The City of South Miami Amended 14 February 2012 Page 3 of 40 Page 2 5 5-14 14-16 16-19 .. Colllment [OMiJI /1<",11 I·~.~umberll~~~ I,. ... ,al 'IJ~.' Iin.I..,J11 .. .. Table of Contents Article V -Elections Section 1: Qualifications Section 2: General Elections Section 3: Special Elections Section 4: Runoff Elections Section 5: Procedures Section 6: Initiative & Referendum Article VI -General Provisions Section 1: Conflict of Interest Section 2: Bonding Section 3: Publication Requirement Section 4: Annexation Section 5: Franchise Section 6: Powers of the City Section 7: Autonomy Section 8: Amendments Section 9: Ratification Section 10: Invalidity Section 11: Acceptance Section 12: Repeal Section 13: Transition Schedule (A) Boundaries continued .. Charter of The City of South Miami Amended 14 February 2012 Page 4 of 40 Page 20-27 27-31 32-37 .. PREAMBLE TO THE CHARTER FOR THE CITY OF SOUTH MIAMI I Charter of The City of South Miami Amended 14 February 201 2 Page 5 of 40 Citizen's Bill of Rights We , the people of the City of South MiamI, in order to secure for ourselves the benefits and responsibilities of Home Rule, and in order 10 provide a municipal government to serve our present and future needs, and recognizing that the City exists for the purpose of providing for Ihe health, education , safely and we lfare of it citizenry , do hereby adopt this Charter. The City Commission and all of its boards, committees and employees shall at ail times conduct themselves In accordanoe with common courtesy and consistent with Ihe Code of Eth ics of the State of Flori da and Miami-Dade County . MIAMI-DADE COUNTY'S CITIZENS' BILL OF RIGHTS (A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management , to make government more accountable , and to insure to all persons fair and equitable treatment , the following rights are guaranteed : 1. Convenient access. Every person has the right to transact business with the County and the municipalities with a minimum of personal inconvenience. It shall be the duty of the County manager and the Commission to provide, within the county's budget limitations, reasonably convenient times and places for registration and voting, for required inspections, and for transacting business with the City. 2 . Truth in government. No County or municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public . 3 . Public records. All audits , reports , minutes, documents and other public records of the County and its boards , agencies, departments and authorities shall be open for inspection at reasonable times and places convenient to the public. 4 . Minutes and ordinance register. The Clerk of the City Commission shall maintain and make available for public inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions listed by descriptive title. Written minutes of all meetings and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting. 5 . Right to be heard. So far as the orderly conduct of public business permits, any interested person has the right to appear before the Commission or any mun icipal Board or agency , or department for the presentation , adjustment or determination of an issue , request or controversy within the jurisdiction of the governmental entity involved. Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods so that the public may know apprOXimately when a matter will be heard . Nothing herein shall prohibit any governmental entity or agency from imposing reasonable time limits for the presentation of a matter. 6 . Right to notice. Persons entitled to notice of a county or municipal hearing shall be timely informed as to the time , place and nature of the hearing and the legal authority pursuant to which the hearing is to be held . Failure by an individual to receive such notice .. • • Charter of The City of South Miami Amended 14 February 2012 Page 6 of 40 Citizen's Bill of Rights shall not constitute mandatory grounds for cancelling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. 7. No unreasonable postponements. No matter once having been placed on a formal agenda by the county or any municipality shall be postponed to another day except for good cause shown in the opinion of the county Commission, the municipal councilor other governmental entity or agency conducting such meeting, and then only on condition that any person so requesting is mailed adequate notice of the new date of any postponed meeting. Failure by an individual to receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering invalid any determination made at such hearing. 8. Right of public hearing. Upon a timely request of any interested party public hearing shall be held by any county or municipal agency, board, department or authority upon any significant policy decision to be issued by it which is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the law department of the county or of any municipality, not to any body whose duties and responsibilities are solely advisory. At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The decision of any such agency, board, department or authority must be based upon the facts in the record. Procedural rules establishing reasonable time and other limitations may be promulgated and amended from time to time. 9. Notice of action and reasons. Prompt notice shall be given of the denial in whole or in part of a request of an interested person made in connection with any county or municipal administrative decision or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall be accompanied by a statement of the grounds for denial. 10. Managers' and attorneys' reports. The county manager and county attorney and each city manager and city attorney shall periodically make a public status report on all major matters pending or concluded within their respective jurisdictions. 11. Budgeting. In addition to any budget required by state statute, the county manager shall prepare a budget showing the cost of each program of each budget year. Prior to the county Commission's first public hearing on the proposed budget required by state law, the county manager shall make public a budget summary setting forth the proposed cost of each individual program and reflecting the personnel for each program, the purpose therefor, the estimated millage cost of each program and the amount of any contingency and carry over funds of each program. 12. Quarterly budget comparisons. The county manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against one quarter of • • .. • Charter of The City of South Miami Amended 14 February 2012 Page 7 of 40 Citizen's Bill of Rights the proposed annual expenditures set forth in the budget. Such report shall also reflect the same cumulative information for whatever portion of the fiscal year that has elapsed . 13 . Adequate audits. An annual audit of the county and each municipality shall be made by an independent certified public accounting firm in accordance with generally accepted auditing standards. A summary of the results, including any deficiencies found, shall be made public. In making such audit, proprietary functions shall be audited separately and adequate depreciation on proprietary facilities shall be accrued so the public may determine the amount of any direct or indirect subsidy. 14 . Regional offices. Regional offices of the county's administrative services shall be maintained at locations in the county for the convenience of the residents. 15. Financial disclosure. The Commission shall by ordinance make provisions for the filing under oath or affirmation by all county and municipal elective officials, candidates for county and municipal elective offices, such employees ,as may be designated by ordinance, and such other public officials, and outside consultants who receive funds from the county or municipalities within the county and who may legally be included, or personal financial statements, copies of personal federal income tax returns, or itemized source of income statements of income statements. Provisions shall be made for preparing and keeping such reports current from time to time, and for public disclosure . The Commission shall also make provisions for the filling annually under oath of a report by full-time county and municipal employees of all outside employment and amounts received therefrom . The county manager or any city manager may require monthly reports from individual employees or groups of employees for good cause. 16. Representation of public. The Commission shall endeavor to provide representation at all proceedings significantly affecting the county and its residents before state and federal regulatory bodies . 17 . Commission on Ethics and Public Trust. The County shall, by ordinance, establish an independent Commission on Ethics and Public Trust comprised of five members, not appointed by County Commission, with the authority to review, interpret, render advisory opinions and enforce the county and municipal code of ethics ordinances, conflict of interest ordinances, lobbyist registration and reporting ordinances , ethical campaign practices ordinances, when enacted, and citizens' bill of rights. (8) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of Dade County. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the county. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C ) Remedies for violations . In any suit by a citizen alleging a violation of this article filed in the Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff, if • .. • • Charter of The City of South Miami Amended 14 February 2012 Page 8 of 40 Citizen's Bill of Rights successful, shall be entitled to recover costs as fixed by the court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his office or employment. (0) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida. In any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. (Amended 3/12/96) • • • CHARTER CITY OF SOUTH MIAMI ARTICLE I SECTION 1. The present municipal government existing under the name Charter of The City of South Miami Amended 14 February 2012 Page 9 of 40 Article I -Establishment "City of South Miami" shall continue to exist and shall continue to be known as "City of South Miami". SECTION 2. Existence This municipal corporation shall have perpetual succession . SECTION 3. Boundaries The legal description of the boundaries of the City of South Miami afe i.§ attached to the end of this Charter as Schedule (A) (Amended 218/00) SECTION 4. Form of Government This City shall have a Commission-Manager government. SECTION 5. Authoritv This Municipal Corporation shall have all the rights, privileges and immunities which may have been or hereafter be granted under the Constitution and General Laws of the State of Florida and such other rights, privileges and immunities which may have been or may hereafter be granted under general acts of the legislature of the State of Florida, including but not by way of limitation, the rights, privileges and immunities under the Home Rule Amendment , Article 8, Section 2 of the Constitution of the State of Florida, and any amendments thereto which have been or may hereafter be enacted . • • • ARTICLE II CITY COMMISSION SECTION 1. Composition • Charter of The City of South Miami Amended 14 February 2012 Page 10 of 40 Article II -City Commission The Commission shall consist of a Mayor and four Commissioners. SECTION 2. Mavor The Mayor shall preside at meetings for the City Commission and shall be recognized as Head of the City government for ceremonial purposes. The Vice-Mayor shall serve for a two (2) year term and shall be the Commissioner receiving the greatest number of votes in the preceding general election. (See ArtV,Sec.2A) SECTION 3. Compensation The annual salaries and expense accounts of the Commission shall be prescribed by ordinance adopted prior to approval of the annual budget. Increases in salaries and expense accounts of the Commission shall take effect after the next general election. Decreases shall take effect upon approval of the budget. (Amended 2/8/00) SECTION 4. Vacancies *The Office of a Commissioner shall become vacant upon his or her death, resignation, removal from office in any manner authorized by law, or by forfeiture of his or her office . A. Forfeiture of Office. A Commissioner shall forfeit office if he or she (1) lacks at any time during his or her term of office any qualification for the office prescribed by this Charter or by the General Laws of the State of Florida, (2) willfully and intentionally violates any express prohibition of this Charter, (3) is suspended from office by the Governor of the State of Florida, or removed from office by the Florida Senate, by a court of competent jurisdiction, or by operation of the law ; (4) is convicted of a felony or crime involving moral turpitude, or (5) fails to attend four consecutive regular meetings of the Commission without being excused by the Commission. Grounds for forfeiture for (1) and (2) will be determined by a court of competent jurisdiction . Grounds for forfeiture of (3), (4) and (5) will be determined by the City Commission. (Amended 2/8/00) ARTICLE II (Cont'd) B. Filling of Vacancies. 1. Any vacancy on the Commission, which occurs for less than nine months before the next general election shall be filled for the unexpired term by the Commission within 30 days from the date of the vacancy . If the Commission fills the vacancy within the prescribed time, the person appointed by the Commission shall serve in that capacity only until the next general election. If the Commission fails to make the appointment within 30 days, the • .. • .. Charter of The City of South Miami Amended 14 Februal)l2012 Page 11 of 40 Article II -City Commission vacancy shall be filled by a regular or special election to be held no less than 45 days nor more than 60 days from the date of the vacancy. In the event a Commission member resigns to run for the office of Mayor, the Commission shall notify the City Clerk in writing of his or her intention to qualify for that office no later than 15 days before the beginning of qualification for the next election. 2 . In the event a vacancy occurs more than nine months prior to the next general election, the Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a special election being held not less than 30 days nor more than 60 days after the vacancy exists. 3 . If the vacancy occurs in the Office of Mayor and the Commission selects a member of the Commission as Mayor, a vacancy shall exist on the Commission. If the person selected as Mayor has an unexpired term as Commissioner extending beyond the time of the next general election, the person shall elect to either quality for the office of Mayor by notifying the City Clerk in writing of his or her intention to qualify for the office of Mayor no later than 15 days before the deadline for qualification for the next general election. Qualifying for the office of Mayor shall create a vacancy on his or her seat as Commissioner for the unexpired term. If the person does not qualify for the office of Mayor, he or she shall be considered as serving temporarily as Mayor and shall revert automatically to the unexpired term to which he or she was elected. 4 . No person who has forfeited an office on the Commission shall be qualified to run for office to fill the vacancy created by the forfeiture. 5. If at any time the membership on the City Commission is reduced to less than four members because of suspension, removal or forfeiture of office, the remaining members of the Commission shall, by majority vote, appoint additional interim Commission members and shall schedule a special election to be held no less than 30 days nor more than 60 days after the loss of a quorum to fill any vacancy that exists for more than nine months prior to the next general election . 6 . In the event that all members of the City Commission are removed by death, resignation, suspension, removal, or forfeiture of office, the Governor of the State of Florida shall appoint an interim City Commission and the City Clerk shall schedule a special election to be held not less that 30 days nor more than 60 days after the occurrence of the last vacancy to fill all vacancies that exist for more than nine months prior to the next general election. (Amended 2/8/00) SECTION 5. Meetings A. Attendance. All meetings of the City Commission shall be publi c with the exception of prope rl y called Executive Session meetings . B. Special Meetings. Special meetings may be held upon call by the Mayor or three • ( Comment [DM3]: Item J .. .. .. Charter of The City of South Miami Amended 14 February 2012 Page 12 of 40 Article II -City Commission or more Commissioners . Written notice of the meeting shall be delivered to the members of the Commission by the City Clerk not less than 24 hours before the meeting is held . No business shall be transacted at any special meeting other than that for which the meeting was called. The 24-hour time limit may be waived in time of public emergency affecting life, health, property or safety. (Amended 2/8/00) C. Regular Meetings. The Commission shall meet regularly at such times and places as may be prescribed by its rules but not less frequently than twice each month. D. Procedure. The Commission shall fix its rules of procedure and order of business or, in the absence of applicable rules, it shall follow Robert's Rules of Order (Revised). E. Record. The Commission shall keep a permanent written public record of its proceedings. F. Quorum. r:eu Three members of the Commission shall constitute a quorum for a regular meeting and three memge1'6 shall eOAstiMe a ~uoFUm-for a special meeting.l. SECTION 6. Ordinances The City Commission shall act only by ordinance or written resolution and those acts of the City Commission shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter or abolish any City Department (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed. (3) Levy taxes. (4) Grant, renew or extend a franchise and regulate public utilities service rates. (5) Authorize eR&-borrowing of moneY.l (6) Conveyor lease or authorize the conveyance or lease of any property of the City . A. Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA." (Amended 2/8/00) Any ordinance, which repeals or amends an existing ordinance or part of the City Code shall clearly identify in the title the ordinance or section of the code that it seeks to repeal or amend . (Amended 2/8/00) .. [ Commen t [0"'4): 11.:1" ~ (c ommentiDM5]. i L<mb • • Charter of The City of South Miami Amended 14 February 2012 Page 13 of 40 Article II -City Commission B. Introduction. An ordinance or resolution may be introduced by any member at any regular meeting of the City Commission . (1) Procedure After introduction of any ordinance, the City Clerk shall prepare a number of copies and shall distribute a copy to each member of the Commission and to the Manager. The City Clerk shall also file a reasonable number of copies in the office of the City Clerk and such other public places as the Commission may designate, together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Commission . (2) Public Hearings. +Ae-8....public hearing shall follow the introduction of the ordinance and publication by at least ten (10) days prior to the public hearing and may be held separately or in conjunction with the regular City Commission meeting . All interested persons shall have an opportunity to be heard. (3) Readings. Each ordinance shall be read by only the title at both first and second readings and shall be considered at no less than two meetings of the Commission unless declared emergency . If an ordinance is materially amended upon the second reading, a third reading shall be required at a subsequent meeting of the Commission. (Amended 2/94) c. Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the el<f3iration of ten (10) days after adof3tion afupon exe cu t ion or any other date specified therein. D. Voting Procedure. Voting shall be by roll call. The "yeas" and "nays" shall be recorded individually in the minutes of each meeting . No Commission member shall be excused from voting as required by law. (Amended 2/8/00) 1. !All resolutions or ordinances shall be adopted by no less than three affirmative votes of the City Commission. (Amended 2/8/00) Except as otherwise provided in this Charter, four affirmative votes of the City Commission shall be required in the following instances: (Amended 2/8/00 and 11104/08 & 219/10) To issue bonds or borrow money To grant, rene' .... or amend any lease or franchises To transfer title to f3rof3erty -TG-appropriate or e~p8REi-AE>n-i:l~dgelecl-fl:lf\96 To approve an initiatory ordinance pursuant to Article V ~cept as ott:\erwise proviGeG--iA--#li6--Gl:lartel';--affirmatWe-vole&-e~y-.oommis&iGA 6Ra1~~ppFOlJe the aG~As-lAdi6ateG-belew;. • ( ComIlBll: [DM6]: Item 8 ( ComllBll:[DM7]: Items 9& 10 Comment [DNS]: Items 11 & 13 : The delerions and insertion in (his subsection make up Stand Alone Hem One: Requiremenls for Adoption .. Charter of The City of South Miami Amended 14 February 2012 Page 14 of 40 Article II -City Commission To amend land use and development regulations in any manner to make them less restrictive +&-i~9RG&--9r-borrow mOA&y-in a*sess of fi ... e---peroonl of the city's current operating budget 2. Emergency Ordinances. To meet a public emergency affecting life, safety, health, property or the public peace, the Commission may adopt one or more emergency ordinances, but an emergency ordinance may not grant, renew or extend a franchise or authorize the borrowing of money except as provided in this Charter. An emergency ordinance will be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of ~ majodtv of 'members present shall be required for the adoption of an emergency ordinance. After its adoption, the ordinance shall be published as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later date as it may specify. Every emergency ordinance shall automatically stand repealed as of the 31 st day following the date on which it was adopted but this shall not prevent re- enactment of the ordinances in the manner specified in this section, if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Amended 2/8/00) SECTION 7. Officers A. ADDointments The Commission shall appoint the following, who shall be officers of the City who shall serve at the pleasure of the Commission: 1. A City Manager as prescribed in Article III. 2. A City Attorney and such Assistant City Attorneys as may be necessary who shall act as the legal advisor for the municipality and all of its officers in matters relating to their official powers and duties. The City Attorney shall be a lawyer of at least five years municipal law practice in the Courts of the State of Florida immediately preceding the time of his or her appointment. The minimum experience requirement shall apply to any City Attorney hired after the adoption of this Charter. The City Attomey He or she shall prepare or review all ordinances, resolutions, contracts, bonds and other written instruments in which the municipality is concerned and shall endorse on each his or her approval of the form, language and execution thereof. When required by the Commission, he or she shall prosecute and defend, for and in behalf of the City, all complaints, suits, and controversies in which the City is a party, before any Court or other legally [ Comment [DM9]: Item IS [ Comment [DM10]: Item 16 .. .. .. Charter of The City of South Miami Amended 14 February 2012 Page 15 of 40 Article II -City Commission constituted tribunal; he or she shall render such opinions on legal matters affecting the City as the Commission may direct; and he or she shall perform such other professional duties as may be required of him or her by Ordinance or Resolution of the Commission or by this Charter. 3. A City Clerk and such deputies that may be necessary, who shall give notice and attend all Commission meetings, keep the minutes and records of all of the proceedings of the Commission, preserve all books, papers and writing of all kinds committed to his or her care during his or her tenure; keep the corporate seal of the City and affix the seal when lawfully directed; administer oaths; have charge of the conduct of municipal elections;-aGt-as Supervisor of Registration;,~nd perform such other duties as shall be required by this Charter or by General Laws of the State of Florida unless restricted by the Home Rule Amendment provisions of Miami-Dade Dade County. (Amended 2/8/00) B. Compensation The salaries and expense accounts of all officers shall be prescribed by ordinance and fixed in the annual budget. C. Vacancies The City Commission shall have power in the absence, sickness or disqualification of any of these officers to appoint a successor and should the Commission not do so within thirty (30) days after such occurrence, it shall be the duty of the Mayor to appoint a successor. SECTION 8. Boards and Committees A.--.4@peilftmems Whon a Be3fEl--a~FI'Ii*leo 16 oompFised of -fj ... e members , eash City GeFl'H'Hissioner sha l~oint ono person to servo as a re presentative on the Beard eF Comm ittee . INMen there are more than fivo Ee) ffiembers on a Board OF COF'flFl'littee , each City Commissi9Aef-ShaU-3ppeint one person to serve as a ropresontaij'Je on #10 Board OF Cemmittee,-aA6-a1i members of suoh--8oard or ComFHittee-in Olc;GOSS of five (5) sha ll be appointed by U'lrea (3) affiFFFl3tl>le votes of the City ComFl'lissioR basod on reoommoR9allons submitteo by any Cily Commis6jo~a-Boa~ OF Comrnittee--Aas--less--tRaf\--five--{§} m€FI'Il3ers , thon the-selesIi~1I membeFS-6hal~y throe (3)-affiFffiative4'otes-4-tHe-Gity ~FHf:E>rn resomrnondations suarn ltkld by any City Commissioner. (Amended 2 OQ ~ B. Ordinance Provisions For any Board or Committee hereinafter established by ordinance or resolution, the Commission , aut not by way of limitation, shall provide for the following: (1) number of members and who appoints or nominates them . including any qualifications required .! (2) term of members (3) quorum for meetings (4) duties of boards and committees (5) presentation of actions of the board or committee to City Commission (2/8/00) [. Comment [OMll]: Item 16·A: Performed by County Comment [OMI2]: Item 18: Duplicative to All, 5·8, B(I) ( Comment [OMI3]: Item 19 [ Comment [OMI4]: Item 20 1 .. • Charter of The City of So uth Miami Amended 14 Feb ruary 20 12 Page 16 of 40 Article II -City Commiss ion C. MaREialoJ''l Planning Board [T here shall , at all times, be a Planning Board composed of residents of South Miami . No duly elected official , officer or employee of the City shall be an appointee hereunder. Notwithstanding any other provision of Article II , but not by way of limitation, the ordinance creating this Board shall contain the following prov isions: 1. Th e Pl ann ing Boa rd shall be a co nt in uo us bod y a nd s ha ll be c o mp o sed of seven (7) members. A1juotl::lFR for lis FReating sRa ll sensist af ei¥e (6) mombers. I fT he Board shall investigate and recommend to the Commission such changes in the boundaries of the various use districts, zoning regulations, use of land and type of construction, locations and use of all structures on any valid appointment submitted to it. In arriving at its recommendations , the Board shall consider , but not by way of limitation, the character of the area , the suitability of particular uses , the conservation of the property values and the direction of building development. In addition, the Board shall investigate and make recommendations to the Comm ission on matters affecting redevelopment, rehabilitation , conservation and renewal progress toward the alleviation of a slum or blighted areas and such other conditions as may injuriously affect the City. 2. Any recommendations of the Board which affect use of land or structures or concern redevelopment, rehab ilitation , conservation or renewal shall not be adopted by the City Commission until a publ ic hearing thereon. No application for zoning changes shall be filed in the name of the City without prior approval of the City Commission . There shall be no change in zoning or any amendment to the zoning laws unless proposals for such changes have first been received by the Planning Board . SECTION 9. Investigations Notwithstanding any other provisions of this Charter, the Commission or its authorized re presen tativ eW: or Fepresenlali ... es ma y make in¥osligatian into investigale th e affairs of t hi s City and the conduct of any City department, Board, Officer or Agency and for this purpose may subpoena witnesses , administer oaths, take testimony and require the production of evidence . The Commission . or any of its approved representatives . shall coordinate all investigations through the City Manager. Any person who fails to obey a lawful order issued in the exercise of these powers by the Commission shall be guilty of a misdemeanor and punishable by a fine of not more than $500.00 or by imprisonment for not more than six months , or both . SECTION 10. Civil Service/Merit System The City Commission shall establish a civil service system or a merit system covering and embracing the salaried employees of the City of South Miami, except where in conflict with any other provisions of this Charter. .. ( Comment [DM15]: Item 22 ( Comment [DM16]: tlem 23 ( Comment [DM17]: Ilem 24 • • • SECTION 11. Departments • Charter of The City of South Miami Amended 14 February 2012 Page 17 of 40 Article II -City Commission Except as may be otherwise provided by statute or this Charter, the Commission shall establish, by ordinance, such departments of the City as it deems necessary or advisable and prescribe the functions of all departments, and duties, authorities and responsibilities of the department heads. (Amended 2/8/00) • .. .. ARTICLE '" THE CITY MANAGER SECTION 1. Appointment .. Charter of The City of South Miam i Amended 14 February 2012 Page 18 of 40 Article III -City Manager The City Commission shall appoint a City Manager by the affirmative vote of a majority of the members of the City Commission. SECTION 2. Qualifications The Manager shall be appointed solely on the basis of his or her executive and administrative qualifications with specific reference to his or her professional training and experience in municipal government. He or she shall be a graduate of a recognized school of government or have experience equivalent thereto. I SECTION 3. Removal l . . The City Commission may remove the City Manager from office by a majority of t he full Commission affirmati>/e vole of a majority of all of its members, with or without cause . # his or her remoll'al is wilhobll cablse, the City MaAagar:-&Ral4eGeive his or her salary for thirty (30) says immediately follewing the oooption of the resolutieA-Femovifl!}--Aim or her from office The City-Manager, afteHlinety {go) days at continblobls absence shall be rOR'lo'led fFoFl'l of.fise. SECTION 4. Acting Cltv Manager I A. ReSQmmeRdatioR The Manager may FeGommend , by leller filed witR--tAe-Gity Clerk , sblbjeot 10 the approval of Iho Commission , a qblalifieG-Gity-aGFl'liAiSl:fatllJe efficer to e){erciso lAO powers and perform the dbltios of lhe MaAa§9HlblFiAg any temporary absence Of 9isal:lili~~·iH9-CJ.ty-Man~~GF-a-peFieS-Ioo!1ler tRaA-90-eays.,.-During stIGR-a-D.....absence or disability, the Commission shall name an Acting City Manager. may deGi41e sl:loh Fe6ommenGaOOf1-at-aAy-time-aOO-aJ'lPoinl another officer of Ihe Cil'! to serv~ lAe-Manager shall-fell:lffi-Gf-Ais-aisability-G~Il-Gease, B . fi.ailure Ie Resommend OblRng sblch absence or disaI:>iUly-as-6et4eRMA-{Ah-if the City Manager fa ils to FOcommena an-ADting City-Managor, the Commission shall name an Aet+A~nager to seFVe at 1:110 pleasure of tAe Commis6ioo-: SECTION 5. Powers and Duties The City Manager shall be the chief executive officer and head of th e admi nistrative branch of the City government. He or she shall be responsible lG-I:I1e-Gemm1~f0 r the proper administration of all affairs of the City. He or she shall have the following powers and duties to: A . Appoint and, when necessary for the good of the City , remove any non-elective .. (Comment [DM18]: 1,,,", Z7 (Co mment [DM19]: 11<,,1111 .. .. Charter of The City of South Miami Amended 14 February 2012 Page 19 of 40 Article III -City Manager officers or employees of the City (excepting those authorized to be appointed and removed by the City Commission). pro>J.i.EliA!J 6'dSR fOmol.la l see&-Aet 6enfiiGt--wilR Civil ServiGe ~F'ls . I-iewe',er, IRe City Manager may not appoinl any del*3F1rr1eFlt girestoF ' .... ithel.ll:-fif:sl e9tai~he cOAsonl af 0 majru:it,y-Gf.-il:Ie-members of City Commission at a du~y noticed City CommissiGn-meetin€J,-PrG6E*iufO f&F-flr.eseAtati~ef.&-.GaAdielales to the City Gemmission may be specified l1y ordinance . (p,mended 11 to2l1tl)j B. Prepare the budget annually and submit it to the Commission and be responsible for its administration after adoption. C. Submit to the Commission and make available to the public a report every month on the finances and administrative activities of the City, together with his or her recommendations. D. Prepare and submit to the Commission at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. ~ DIFSet and swpeFVise-tAe--admimstration of oil departments , o#ises and agencies of-the-Gily, O*cept os-elherwiso pFlWH:ieEl-l:ly4His-Ghartor or l1y law,..{AmeRdmJ 2/(/00).! F. Attend all Commission meetings with the right to take part in discussion. G. Perform such other duties as are specified in this Charter or which may be required by the Commission. H. Contract for the purchase of any goods or services for any department of the City-iF'l an amoW'l1 wp to anE! inGluding ($0 ,000 .00 . All contracts for goods and services in excess of $1 5,000.00 shall be secu red bv a competit ive bid process unless waived by a majority of the Comm ission upon the written recommendation of the City Manager. appre ... ed by the City Commission . The City----Managef--all report all~R9twres to Ihe-Glty Commission monthly. (Amenaea 2/8/00) All-j:luFohasos shall lao appro'Jed after competitive conditions shaJl.--l:lo'/e bOOR maiAtalnea-aM-oompetitiYe-eW6-S9I:1ghl-ffem--a eas t:l-FOe-EIfffeFeAt-seuFGes of supply-if ovoilol1 lo , such determination to be made by the Commission , ana , REHwftRstaA9iAg-the foregoing , the City may-make JilUFGAaSeS through other gO'JommentOI agencies that ha ... e fGIlawed similar bidding proceawFOs . This subsection Goes Rot a!3PIy-te-l=h~aS&ef.-~al and el(f3ort seNioos that-Rovo been oWFO'v'~he City CemmissieJt.-..(Amended 2/8100) I • [ Commenl [DM 2111 c IJ.nj lrJ i Co mment t DM 21 )e Ii"",.u ( Co m \l1en t [DM 22]1 I(OlI' ., • • ARTICLE IV Finance SECTION 1. Fiscal Year • Charter of The City of South Miami Amended 14 February 2012 Page 20 of 40 Article IV -Finance • The fiscal year of the City of South Miami shall be the same as that set by ~~~~ __ -(comment [DM23]: II~I" J$ County or its successors. SECTION 2. Budget A. The City Manager shall submit to the Commission, 60 days prior to the beginning of the fiscal year, an annual budget together with an explanatory message . The budget , budget message and all supporting schedules, shall be a public record open to public inspection -by-aRyeRe . 8. Public Hearings At-lI he meeting of the Commission at which the budget and budget message are subm itted shall be held in accordance with State law as may be amended from time to time . .,...#le-GGmA'li~i-Getef:A:line Ihe tiA'le and placo for a Pl:lbUG Ilearing en IRO towdgel, at WRiGh timo , interestod persons shall be given an opportl:lnity..4G-ge RoaHt ThE! City Clerk shall Jilos! a notice of the-pla66-aREi-IiA'lo not loss Ihan R'/e days after the-Ela~sting-at-whiGMime-tAe-Gammission will hold a pllb~G-Mar:i~ [ Com ment [OM24)! 'tIlm 7 Co mment (OM2S): II.,,, j ", ... linlIIIIJ!I'"!W C. Adjustments Any and all adjustments made to the budget after the conclusion of the public hearing at which the budget and budget message were submitted must be made in accordance with State law as may be amended from time to time. !\fter concillsion of sl:Ich pl:lblic hearings , the Cemmission A'lay insert new iteA'ls or may increase , decrease or delete 1-Ae-1tem&-G~~FeViEled , howEWor , if the lolal of proflo~ponditllros BO incroasod tMfeGy,-tJ:\ell-9nEl-iA-tAaHweflt , IRe City Clerk shall--posl a notice selting fort~a~re...gf tr.&~f~po&e: ir,{;~a6e a~d listing 3fJlace and tim~ not loss than livo days after the date of postifl9~ pu9liG-Aear-iAg-fueroe Fh! _ _ . . r eOIl11ne.~t (QMU llllc~1 J6 lM1~dl~c D. AdoDtion The budget shall be adopted by three affirmative votes of the City Commission before the first day of the new fiscal year. Should the Commission take no final action on or prior to the date, existing adopted budget ~he-bI:ldget.a6-6tlamitte9,shall be deemed to have been finally renewed and adopted by the Commission ~, prot/ided that if tRo pI'-e-visien fer funds In any department or d~rtrneFlt6-$(~ed~ m-tf:le-prevf0li&-Yea¢s 9wdget,lhe~S to-tAat departA'lont or departments the Commission sRall be deefR~ye apPFOt/od the provious yom's budget. (!"mon£led 2/8/00) [ Co mment [D~2nJ IICfD E. Certification A copy of the budget as finally adopted shall be certified by the City Manager and the budget so certified shall be filed for the use of all offices and departments. F. Modifications (1) Transfer of Appropriation At-tA&fequest-G I he City Manager~ may at any time transfer, By resDk*ioA; any unencumbered appropriation balance or portion thereof between general classification of expenditure within an office or department. At the Charter of The City of South Miami Amended 14 February 2012 Page 21 of40 Article IV -Finance request of the City Manager and within the last three months of the budget year, the Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office or department to another. (2) Emergencv Appropriation In case of disaster or any other circumstance creating an emergency, the Commission may at any time in any budget year, make an emergency appropriation for the purpose of repairing damages caused by such disaster or meeting such public emergency to the end that public health, safety or welfare will be protected. In any budget year where circumstances creating such an emergency have arisen, the Commission may, upon recommendation of the City Manager, authorize the borrowing of money by the issuance of negotiable notes of the City. Such notes shall not exceed 10% of the total operating appropriations in the current year and may be renewed from time to time; but all such notes, together with the renewals, shall mature and be paid not later than the end of the fiscal year after the budget year in which the original notes shall have been issued. gkl~91.e6-S1:\aI1-f1Q1-GoA61ilute-a-geAeFaI-Gal gatisfH19f-8-pleGge-ef-.ad Valorem lax relJen~es. Notes may not be sold at less than par and accrued interest at private sale without previous advertisement.i SECTION 3. Revenues A. Taxation The Commission shall levy such taxes as authorized by law to meet the appropriations made not later than the next Commission meeting after adoption of the budget as provided in Article IV, Section 2 D. If the Commission shall refuse or neglect to pass an ordinance levying the taxes for any budget year, the ordinance last previously passed levying taxes shall continue in full force and effect and a failure to pass a current ordinance shall in no way invalidate the collection of any taxes. . Assessmem-In Ae-eveRt-9aae-Gaunty-sRall-fail-ar-Ge8se-te-asseS&flfa/3efty,tt:le Gity shall AaIJe tho righi , pow.er and d~ty to assess all property in an amo~nl not 10 eXGeoa ~mitteel-by-S\at.e-baw-Gf he-i=lome-Hule-AmeREImeRh C. Bonds The City shall have the power to issue bonds, certificates of indebtedness and any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve months after issuance only to finance or refinance capital projects. Voter referendum approval for bonds and other forms of indebtedness shall be as provided by the Florida constitution. (Amended 2/8/00) SECTION 4. Administration A. Control The City Manager shall have charge of the administration of the financial affairs of the City in accordance with Article III, Section 5. B. Custody of Public Funds The City Manager shall have custody of all public funds belonging to or under control of the City or a ny office or department thereof, and deposit all fund coming into his or her MAG&-Gustody in such depositories as may be designated by Comme1t (OM28]: Iton, ~ I ("M.""d .. ilh CM ,ud Flu Ill" I'",o nco 0;_", dcfDlltI("\·'.nd C" t~ItJ;' "".11 ~~ljllU:O [ Comment [OM 29]: II~~ ·I! [ COl1lment [0111 30], l/din 4l, -Ob\lllo,. • • • Charter of The City of South Miami Amended 14 February 2012 Page 22 of 40 Article IV -Finance • Resolution of the Commission .1 [Commeol [.Q~31jllle!ll J4 c. Approval of Expenditures The City Manager shall approve all proposed expenditures in accordance with the approved budget , but, unless he or she shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made -l __ .. _ _ _ _ .. _ . .. _ .. ____ .. _ _ _ _ -Comn!Mli [1i)M3!Z}l m ~ D. Multi-annual Contracts No contract involving the payment of money out of the appropriations of more than one year shall be made for a period of mo re than fiv e yea rs, nor shall any such contract be valid unless made or approved by resolution or ordinance adopted by the Commission after a public hearing . The Commission shall provide budget and appropriate funds in each succeeding budget for contracts extending more than one year. This section shall not restrict the term of General Obligation or Revenue Bonds . (Amended 2/14/06t ... _ ... ___ .. _ .... _ .. _ .... _ _ _ _ ( CO}lllnent [DM33J : I ~II' j~ E. &ISIJ1. The Commission shall designate a qualified Certified Public Accountant who, at the end of the fiscal year and at such other times as ordered by the Commission , shall make an independent examination in accordance with generally accepted auditing standards and review of accounts and other financial transactions by the City and shall submit such report, together with recommendations for improving fiscal control, to the Commission and to the City Manager. The accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The accountant shall not maintain any accounts or records of the City business, but within specifications approved by the Commission , shall post-audit the annual financial statements of the City and all accounts kept by any office or department of the City . The Certifi ed Public Accountant shall not serve as the city's independent auditor for more than tAfe&-..six consecutive years . (Amended 2/8/00)1 F. Performance-based audit. The City Commission shall require a performance- based audit for each department at least once every five years . (Amended 2/8/00)l • ARTICLEV. Elections SECTION 1. Qualifications • Charter of The City of South Miami Amended 14 February 201 2 Page 23 of 40 Article V -Elections A. Voters: Any person who is a duly registered voter of Miami-Dade County and who has been a legal resident of the City of South Miami for a period of no less than thirty (30) days immediately before the date of the election. B. Candidates: The City Clerk shall certify that a candidate for election to the Office of the Mayor or Commissioner, no more thaA 42 gays Aor less than ~60 days prior to a duly scheduled election has :1 (1) Exhibited to the Clerk proof that he or she is qualified elector of the City of South Miami and has continuously resided in the City of South Miami in a structure designated as residential property for at least one (1) year immediately before the date of the election . (Amended 2/8/00) (2) Each person seek ing to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment fee in addition to a qualifying filing fee of $100 paid to the City Clerk. The requirements to pay an election assessment fee and a qualifying fee may be waived as provided by state law . (Amended 2/8/00) (3) Taken the following prescribed sworn oath : "I hereby accept the nomination for Mayor/Commissioner, and agree to serve, if elected , and further that I hereby make the following oath: State of Florida County of Dade Before me, an officer authorized to administer oaths, personally appeared to me well known, who, being duly sworn , says that he/she is a candidate for the office of , that he/she is a qualified elector of Miami-Dade County , Florida , and the City of South Miami; and that he/she is qualified under the Constitution and the laws of Florida , and the Charter of the City of South Miami to hold the office to which he/she desires to be nominated or elected ; that he/she has taken the oath required by SS. 876 05 I 876.10, Florida Statutes; that he/she has not violated any 'of the laws of the State relating to elections or the registration of electors ; that he/she has qualified for no other public office in the State the term of which office or any part thereof runs concurrent (with that of) the office he/she seeks; that he/she has resigned from any office (from) which he/she is required to resign pursuant to ss. 99.012 , Florida Statutes ; and that he/she has submitted a sworn statement of contributions and • COm ..... t [O.M361e I I ~tn ~j Til _r<1Tl1t \lun ('""nl}, I'J ..... " .. ,. ~.l.lId.l/lc.I<'nII b.. . Comment [OM31}, hem S! Shmlld 11m CUe ,P,dIl t,c 'H1l 1 ~1:ia' • • • Charter of The City of South Miami Amended 14 Febnuary 20 12 Page 24 of40 Article V -Elections expenditures, if any incurred, prior to the time of qualifying and since the last preceding general election. Signature of Candidate Address Signature and Title of person administering oath E41--Na-a~~jAted officer or employee-e~e City of SotitA-MiafRi.,sAall be oertifieG-faf AemiAatlon of any elected position in lAo City of Sal:llth ~i. (fij Any official of the City of Sout/+-Miaml who is elected-er appointed te any office and ~ualifies-foF-aR-eleetlye omoe outside-tRe-Git~f South Miami-shail-feFfeit his (her) office by ~ualifl6atlaA .l (6) No person shall be certified for nomination to an elective office in the City of South Miami who concurrently has qualified for nomination of or is concurrently holding an elective office outside the City of South Miami. (7) Any person who qualifies for an elective office outside the City of South Miami after having qualified for an elective office in the City of South Miami shall by the fact of such qualification become disqualified for nomination in the City of South Miami and his (her) name shall be stricken from the ballot. SECTION 2. General Elections. B. Mode The office of the Mayor and Commission seats shall be filled on the basis of the highest number of votes received by the candidates . At each general or special election where there are at least two (2) Commissioners to be elected, the election shall be conducted on a group basis for each member of the City Commission to be elected. Each Commission seat to be filled at said election shall be designated numerically, and each candidate for the City Commission shall designate in which numerical grouping he or she is to be a candidate . No candidate shall run for office in more than one numerically designated group. C. Unopposed candidates The names of all unopposed candidates shall be • • • Charter of The Clly of Soulh Miami Amended 14 February 2012 Page 25 of40 Article V -Elections placed on the ballot. The votes for unopposed candidates shall be counted and published. (Amended 2/8/00) D. Term Limits for the Mavor and City Commissioners No person may appear on the Ballot for Election as Mayor or City Commissioner if, by the end of his or her current term of office, the person will have served (or, but for resignation would have served) in office as the Mayor or as a City Commissioner for a total of nine years or more. (Amended-Added 11/02/10) SECTION 3. Special Elections As prescribed under Article II, Section 4B. SECTION 4. Runoff Elections In the event of a tie vote , the winner shall be decided by a coin toss. runoff elections sAall-9o held , if RosesSa!)', withiR4~ifty--(30) days from tho date af Ihe canvass--af-.tR&-vetes cast at the regular electians. SECTION 5. Procedures A. Provisions The City Commission shall provide, by ordinance , for the procedures of elections not inconsistent with Sl ate law.baws angler the Motrapolitan Dado County Heme Rl:ilo Amendment and Charter, sl(Ge(3t as spocifiod herein .j B. Canvassing Committee Upon the closing of the polls and the casting of the ballot by the last person then entitled to vote , the Canvassing Committee , comprised of two County Court iudges appointed by the Chief Judge or his or her designee, and the Miami-Dade County Supervisors of Elections or his or her designee, tho majority of the Commissien aREI the City Clerk, shall publicly tabulate the absentee ballots. record the results of the election and proceed to tabulate the absentee ballots and certify the results . (See Art. II, Sec . 2) C. Installation Installation of the newly elected officials shall occur Agt 8:00 P .M . on the first business day following the official certification of the election results . The Installation Meeting by the City Commission shall be called as a any C ity election in the City o~uth-Miami,--tRe Commission shall meet in special session for the sole purpose of receiving the certifiedJeport of the Canvassing Committee and installing the newly elected Mayor and Commissioners . All elected City officials must take the prescribed oath . The installing officer shall be selected by the elected Mayor.thereupon ll-1e--instaUiRg--Gffl£OF;-seIeGteQ-b t-/:le du¥--aleGteG-H:lGOmln§ Mayor, shall-fRstaIl-tHe-Rewly-aIected MaY0F-and Commissien memeef'S after they shall I:!alw'e taken tl:!e prescribed oatl:! of office . D. Oath of Office Every officer of the City shall, before entering upon the duties of his or her office, take and subscribe to the following oath or affirmation to be filed and kept in the office of the City Clerk . ( Comment [DM41): lIem 61 J ( Comment [DM42): [Iem 62 ( Comment [DM43): lIem 63 I [ Comment [DM44): Uem 64 Charter of The Ci ty of South Mia m i Amend ed 14 Febru ary 2012 Page 26 of 40 Article V -Elections "I solemnly swear (or affirm) that I will support the const itut ion and will obey the laws of the Un ited States and of the State of Florida ; that I will , in all respects , observe the prov isions of the Charter and the Ordinances of the City of South Miam i and will faithfully discharge the duties of the Office of SECTION 6. Initiative and Referendum I The electors of the ily shall have the pnwer to proposc to lhe City Commission pa<;sage or repeal of ordinllIlces and to vote on the question if the Board refuses a lion. accord ing to the following procedure: I. 2. The persun or persons circulating the petition shall obtain the valid ignatures of voters in the City in accordance with state law . Each igner of a petilion shall place thereon. after his name. lht: date. and his place of residence or precinct number. Each person circulating a copy of the petition sh all attach to it a sworn affidavit stati ng the number of s igners IIIld the fact that each signature \ a ' made in the presence of the circulatQr of the petilion . 3 . The igned pet ition shall be liIed with Lhe Board which shall \ ithin 30 days order aeanvass of the signatures lhereon 10 determine the sufficiency of the signatures. If thc number of signatures is insufflcicnt or the petition is deticient as Lo form or compliance with this Seclion, the Board shall notify the ner on ming the petilion that Ihe petition is insufficient and has failed. 4. 'he Board may within 30 days at1:er Ihe date a sumcient petition is presented adopt the ordinance as submitted i.n all iuitiatory petition or repeal the ordinance referred to by a refercndary peUtion. If" the Board docs nOl adopt or repeal the ordinance as provided above, then the proposal shall be placed on the ballot without further action of the Board. S. If the proposa l is submitted to the electors, the election shall be held either: (a) In the nex t scheduled lty-wide e lection, or (b) If the pe tilion contain . the vali d signatures in the county in number at lea l ellua l to eigh r percent of the registered otcrs In the City. the e lection shall take place on the first T uesdav after 120 days from cel1 ilicutioll of the petition. The resu lt shall be determined by a majority ole of the elector voting on til proposal. 6 . An ordinam.:e proposed by initiatury peliliol1 or the repeal of" an ordinance by referendary peti tion shall bc effectivc on the day after Ihe ele lion, excepl thaL: • COm ml!l!t (DM4S): II""" o~ h('I Pit \ 1 IO~AI. RC1~twed ."',h <iloul.v t~"!\\I.~. ,~ Ihe /JUn" hill' .. ('wos<! \'ill '.vI .... (uhh"" illCludlllll un Ihe ,"f1il:«nC'J "rROClIIt IlIlll(Il!9l:. pnur 1'-"' \tlC' rU111mwcc " nn,,1 't.'\i~1,mn\.'fltt"tl('ln • (a) • Charter of The City of South Miami Amended 14 February 2012 Page 27 of 40 Article V -Elections (bl Rjght accumulated under an ordinance between the lime a certified referendary petilion against the ordinance is presented to the Board a nd the repeal of the ordinance by the voter.;, shal l not be enforced Heninsl the itv; and (e) Should two or mOre ordinances adoptcd at the same election have conJ1icting provisions. lhe one recci ing the high SI number of vOles shall prevail as to those provision .. 7 , An ordinance adoQted by the e lectorate through initiatory proceedings shall oat be amended or repea led bv the BOllrd for a period of one year after the election at which it was adopted. but thereafter it may be amended or repea ledlike any other ordinance. #H.Ailiali",e TAO qualified ' .. clers of the City sha ll-Rave-peweF to propose ordiAaA68S te-t.Re Commission and, if the COA'lmi&sien fails to age{*-aR-Grdinanoe so fjrot>esed w~ any change In substanoo , 10 adopt or reject it at a Clty-elec(ion , pra"'ideEi that such power &Rail not extefld..te-t:Re-tlu~~Hlapila' program or 3f\y ordinance retaiiflg o-appr-opriat·ion-af meAe;', IOIf)' at tmlOs or salaries of City officers or emp40yee&:- (2) Reummdum The qualified 'Jolers of lho City shall-flave powor to reql:lH:e FeGOOsideration by tM-CElmmissiGfK)~eG--eroiMAGE!-anEl-if. t\e-Gomffifssioo-faiJs.-to repea l an ordinance so reconsiderod. to aWf&lle Elf reject it at a City eloction , provided that such pO'Ater shall not el(tend to lAO budget-el= capi*"4>fO§ram or any emergenC}4*9iAaflGe-ef-Or-Qinanco relating to appropriation of..mGAey OHOV'j-ef.t.ax.e&:. S a CommellGement-GfProseediRfl6, PetiliaReFS ' Cemmittee: A#if1av#. A-minimuAl of 100 qua lmed • .. otes may COfAmonoe Initiol ilJo or referendum proceedings by filing with the City Clerk at=! affida¥ft-staling Ihat they will-co~pelltioRefs! GOfAfAittee and be responsible fur simulating the petitilim ans filing It In proper fofm , stalffi9-tAeif..flames-ane aGdresses and speCIfying the aGEIfess to which all-flotjoes-tG-tR&-GGFl'IA'll&SlOA are 10 be sont anG-6etting out in full the proposed initialilJo ordinat=!G8 or citing the ordit=!once sought to be reconsidered. Pf:emptiy...aftef--l:l:le-affidavHf.-tl::lEt-i**itiGRefs!-eemmlttee is filed , the CIty-Glef*-shali issue the apprapriate petition blanks to the petitioners' committee. C, PetitieA5 • • • Charter of The City of South Miami Amended 14 February 2012 Page 28 of40 Article V -Elections E'luaHfl6El-ve~f--the Cft)! equal iA--fHffi'lgeF-te-a ea& .§O/.....ef--the-tatal--Aumbor of qualifie€l voteFS re~ist~te-4FHAe last regular Cit¥ eleclion . (2) HJ~m 8Rd CoRleRt--All papers of a f;letition shall be uniform in sii!;e and st¥le aAEkRaIl-Ge--af.serAbled-as-eA&-if1.StNmeAt--fef-filing . EactH;i€Jna~all be ol(.ocuted in ink 91' IAGeli~onGiI--aAd-shall be followed by the adefeSS of the J')erson-signi~litiElns shall GOnlain or hO'/e-attached Ihereto througAoul their ciF£u lalion the ~II lold at tt:le oFElinanse pmposed or sought to be reconsidered . (3) Affidavit of Cift6ularor Each paper of a pem~It-RaWHIt:taGf\ed 10 it, wRen filed, an affidavit executed by the circulator thereof, stating that he or she personally circulated the paper, the number of signatures-thOfeOfl;-Ulat all the signatures were am~ Ris-ar--tier-w.esenco, t~h&-beli&Jes-tRem-k>-be-the-gOA\:l~9fl3tures of the pOfSElfl6 whose names tRey purported to be and tRat each signer had an apportunily befor:e signing to Fead the fulltex! of the amiHanco propaseel~econsidered . (4) Time for Filiffg-lnitjatwe-er ReklreRdum PetitiOR6. PetillOOS must be filed-within th irty (30:) Gays after lhe Cammi6sion l=1a&-failed to adopt 3i*9J*lsed-Gr4RaR6e-GF-f.a~sider an adopted Qrdinance when requested to dQ so. Q. PFosedwre after lii/iRg. (1) CeFtifisate sf Clerk; Amendmen-b--WiIRin ten (10) Gays after the ~elltion is Illed, IRe City Clerk sRali semplete a Gert ificate 3S to liS sl:l#lciency , specifying if il is Insufficient, the partlGulars wher-8fA-IHs...-Gefe6t.ive and shall promptiy--G9FId a copy af.....tRe GOftiflGate to the petitioners' commijtee ey re~i6teFeEI FAai!. A petition Gertifie£i.4AWffiGleAt fGr lack of IRO required number of >.'alid si§Aaluros may be amended once if the peBOoAers ' oommfttee-.files a notiGe-ef-lnleffiion to amend it 'Nith the Clerk wfl:AifHw~i-viAg the copy of his or ReF ceJti.fiGate,aAG-flIes-a-supplementary petition upon adeitlonal papers witRin ten (1Q) days after FoeelvlA§-tRe GOI'lY of SUCR eertfficate,.-WilJ:llR fl .. 'e (Ii) Gays after such supplementary petition is filed, IRe Clerk shall complete a cerllfieate as ta the suffieiency of the ~liGn as amended and promptly ~~~GI'I~rtifieate-te lhe--petUioners' committee by registered maib-lf-a-f)Otitien-or amondeEi petition is certified-ffisl:i#iGient analAe petitioneFS ' committee does not elect to amens OF reEjuosl Commission reI/lew unGer subsection 2, belew, within Ihe time required , Iho Clerk shall promptly prese~itK>l'-ReKeRificaIO 10 tho Commission and the certificate st:Iali-tflon ge-a-fiAal-fletermiHalion as IQ tM-iAStlffIGiency-af lAO petition . (-2) CemmissiaR Review If a pelitlOfH:ia6 eeen certifiod-iAs",fficionl and Ihe petiti9FIors'-cemm+tteo-GGe&-FIot-fila.-a.-notlce of intention tG-amenG it or If an-amonGe9 petitieA Aas-been certified insufficienl, the coml'Tlillee may, wilh ln twa (2) days, after recoiving the copy at SUCR GerlifiGato;--fllo a requesl lhat It be rel/iowed by IRe Cemmission Tho GGrnmission sRall-Hwiew tRe certrllcate-at-fts Rext moeting follewing-#le-filin~ of sueh reql:Jesl 3l'ld-aPPf&le-eF-EIisawrove-i-I;--af:Id--tRe--GommissieA'&-detemliAatiGfl-6l:\all then be a final determination as to lhe 6ufficienGy--Gf--lhe-petiOOn . Flowe'J~e-GommisslGFl--Sl'lan--l'Ioi • • • • • Charter of The City of South Miami Amended 14 February 2012 Page 29 of 40 Article V -Elections GeGlar:e--a-petiOOMG-be--J~stJfficient unless Ihe-fiAOings of the City CIerk-afEHllegal--af.-are faetl:lally in errer. (E) ReteremJuFR Pe'itioRs; SU6@eR5iOR ofEffeGt of OFdiRaRG&: WJ:\eA-.<Hefereneum--peilliGR--is-flIae-with the City CleF~ht-kH)e reconsiclerecl shall be sl:lspenclecl from taking effect. Sl:lsh sl:Ispension sha#-lermiRate-wReffi (1) There is a final cletermination of insl:lfficiensy of the petition; OF (2) The petitions' committee withdraws the petHien , er (3) The Commission repeals the erclinance. (F) AGtioR6 OR PetitioR6 (1) Astia" by bemmi66ioR V\lMen an initiative or referensum petition has been finally determines sufficient, the Commission shall--pfempUy-Gef'lsicier the propElseEHnit~'*iv.e-er4iAaflGe-lA-the manner provide9 in-AltiGle-lt OF reconsider the referred ordinance by voting its ref**i~he Corn mission fails to lake ~PFGPosed initiative ordinaAGO-Witheut any-sRange In sl:lbskinse w"",,iA-thirty (30) da.y&--Qf-fails to repeal the ref6fres erdin3nGe within thirty (30) days after the date of the petiOOn was finally aetermined sl:lffiGieAl . it shall sl:lbmit the propesed or reterrecl erclinanse te the ' .. oters of the City. (2) SfJomi66ioR to Vote,s SusM;ily election on a pr-eposed or referred ordiRanGe shall be hek:t-flet-less-than thirty (30) clays and not later than seventy-fi'Je (75) days from the date-ef-t-l:le-fiRai-GornmissioA \'ote Iharea . r-flG-fegulaF-Gf~y-eleetierHs La ee held-w+tnirrthe pefied presGrieed in this sl:lbseGtion , the Commission shall proyicle fer a specl3l-eleGtion otherwise the ... ote shall be held a1 the same time as slIch regular eleetioR . Copies of tho proposed or referred-Grdinanso shal-l--be--rAaGe-vai!able at the I'lolls, SAd at City Hall at least lUtee" (1~ days prior to the eleetion thereon. (3) Withdrawal of PetiooR5. AR inillati ... o or referencll:lm petitioA may be witMr-awA-at any lime prior tG-lhe-lentMay-pfE!GeGiRg-the-Gay---sGl:leGulaG-fof-&-\lGto-by-tAe EHoetors by filing with the City Clerk a reql,Jest for wilMFSWaI signed by-at-4ea£t twenty (20) members of the petitieners' committee. Upon filing such reql:lest the petition shall haye no fufthoF-force or effeGl-and all prooeeclings U'lereon sl=lall be terminate4 (G) Results of EleGtioR t:t1 ~litie€l -ele6tGfS--llote--an~fa~nitlativEH>f(jiAaAGe-afld-a majGI'ity---I.tGte-iR-its-fa\tOr..,...it-sf.lan-be'--GG~~re9-aGG~flsation of the elestian • • • Charter of The City of South Miami Amended 14 February 2012 Page 30 of 40 Article V -Elections Fe5\;1lts-aAd shall be treated in all respects in the same manner--as-eFdiRaRGeS-ef the same kind adapted by the Commission. If GaAfliGt ing ordiflaAGes--are--a~~~ved-at--lhe same oleGUo", the Ofle--feGOivlng-the--gfeatest RI:Imber of afHrrnati ... o ... oles shall p re'lail to tho o)(tent of suoh oonftict . (2) If 15% of the-ql:lalifiec:l-eleGt-ol'&-Vote-eA-a-feferred ord inance aAd--a-majeFity-vete agalnsl-lt,-#-&Aatl-ge-Gonsidored repealed on certificallon of the elect-iaFl-fElwlls,. (3) An Gfd~ce adopted by tho oloctor.ate t!=trough Initiatory proceedings shall-Aat be-amended or-~aled by the Commission for a period of one--year after the--electieA--at whlGR it ..... as adopted but thereafter it may ee affieAEle~led 9-)' a 4!§ ",ate . (4) After a referendum-petitlon has been filed, if the CommissioA repeals the ordinanoe Inlloilled before the pelition is ... ole an by-4lle-eleGterate , then the Commission may Ael-fe6ensider silGh afElinance for a period of one (1) year after its repeal. (H) ~ A Commission member may be recalled as proliided by state law (Amended 2!&IQO) • • .. .. ARTICLE VI GENERAL PROVISIONS SECTION 1. Conflict of Interest .. Charter of The City of South Miam i Amended 14 February 201 2 Page 31 of 40 Article VI -General Provisions The City Commission shall, by ordinance, enact a conflict of interest ordinance, which shall be at least equal to the standards of conduct for public officers and employees as set forth in the state statutes and the Miami-Dade County code . A Commission member may not serve as a voting member of any board that reports to the Commission . (Amended 2/8/00) SECTION 2. Bondinq All employees of the finance department, and any other officer or employee required by the City Commission , shall be bonded in an amount and by a surety that is approved by the Commission. The premiums on bonds shall be paid by the City. (Amended 2/8/00) SECTION 3. Publication Requirement Whenever publication is required herein, such publication shall be made by posting, at a conspicuous place in the City Hall, for the requisite period and, if the publication is of an ordinance, said ordinance shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general circulation in the City of South Miami. The notice of proposed enactment shall state the date , time and place of the meeting , title or titles of the proposed ordinance, and the place or places within the City of South Miami where such proposed ordinance may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance . S6CTION 4. ARRexatiOR lfl....tRe event thai the City gf South Miami shall-4esire to change-its territor.:iai-limit&-9y ha-anA&~a4ion-Gf-any-uniAoo'l>ol'ateG-tfaGt-Gf.4a~tigtleu~itRiA Daae COloJnty , it shall follow the ~I'96e9UFe lala down by the MetropolitaR Home Rule Amenament ana/or Floriaa Statl:ltes .i SECTION 5. Franchise (A) Definitions : (1) The word "franchise" shall mean a" contracts, including any and a" agreements of whatever nature, that grant a right to use real property owned by the City of South Miami , including leases, when the contract or agreement provides for a term greater than three (3) years and with two (2) one (1) year extensions , or grants, gives, conveys, mortgages , encumbers or otherwise gives a person any interest in any real property owned by the City of South Miami for a limited term of years . (2) The word "person" shall mean any individual, legal entity or any other entity, legal or otherwise . .. Co m ment [DM46J' lll!l1l09 SuplD"sodcxl by ounl~ 'A~\ .. Charter of The City of South M iam i Amended 14 February 201 2 Page 32 of 40 Article VI -General Provisions (3) The word "newspap e r of general ci rcul at io n" shall mea n a newspaper of qenera l circu lation in the City of South Miam l.the Daily BusiRess Re'liew,.eF-&imiIaF-Aewlij)a~ (4) The word "local newspaper" shall mean a newspaper distributed in the City of South Miami, whether free to its readership or otherwise available . (8) Restrictions: The City of South Miami shall not enter into any franchise contract or agreement, as defined in this Section, to or with any person, as defined in this Section, nor shall the City renew an existing franchise , grant an extension to the franchise term or in any other way make a material change to an existing franchise contract or agreement unless the City enacts an ordinance , in accordance with the requirements of this Section, approving the contract or agreement. (C) Requirements: All proposed ordinances approving any franchise contract or agreement, the renewal of an existing franchise, the grant of an extension to the franchise term or any material change to an existing franchise, may only be enacted if approved by a vote of 4/5 of all members of the City Commission . The term limit for all franchise contracts or agreements, as defined in this Section , including any renewal or extension to the term of same, shall be (50) years . No change in ownership or control of an artificial person with whom the City has entered into a franchise contract or agreement, as defined by this Section, nor shall any ownership or control be transferable in any way, including but not limited to assignments and conveyances of an ownership interest, unless it is approved by an ordinance enacted by members of the City Commission. The enactment of all ordinances required by this Section shall be heard at two public meetings/hearings and the title of the ordinance shall be published in a newspaper of general circulation, as defined in this Section, and it shall also be published in a local newspaper, as defined in this Section, at least five (5) days before the first meeting (first reading of the ordinance). At least ten (10) days before the second and final reading of the franchise ordinance, its title shall be published in a newspaper of general circulation and, in addition , it shall be published in a local newspaper , if available , so as to provide as much notice as possible, but, in any event, the notice need not exceed ten (10) days before the second reading. The timeliness of the publication in the local newspaper shall not be grounds for challenging the ord inance unless such a newspaper is available for publication and then only if it was published less than five (5) days before the second reading. (D) Custodian of Documents : Copies of all transfers , mortgages, encumbrances, changes in ownership or control, or other documents affecting the title or use of real property owned by the City shall be filed with the City Manager and City Clerk on or before the date of the first publication of the title .. eomment t DM47]: 11<01 1 .. .. to the proposed ordinance , as required by this Section . (Amended 2114/12) SECTION 6. Powers of the City • Charter of The City of South Miami Amended 14 February 201 2 Page 33 of 40 Article VI -General Provisions The City of South Miami exercising its power under State Law, may exceed, by ordinance, any limiting feature of the State Law unless the same is prohibited under the Home Rule Amendment and Charter of Metropolitan Dade County. SECTION 7. Autonom~ __ .. __ . __ Unless otherwise permitted by this Charter. no Commissioner shall direct or request the appointment of any person to. or his/her removal from, office by any subordinate of the City Manager. or take part in the appointment or removal of officers and employees in the administrative services of the City. nor shall any subordinate of the City Manager accede to such direction or request. Except where otherwise prohibited by Ordinance . Commissioners shall be permitted to communicate and make inquiries of the administrative services for the purpose of transmitting constituent inquiries or assisting Commissioners in the exercise of their powers as set forth In this Charter. Except as provided elsewhere in this Charter. Commissioners shall not be permitted to give orders . either publicly or privately. to any subordinate of the City Manager. No City employee or official. other than the City Manager or his/her designees . shall respond to or undertake any action to comply with any reguest by any Commissioner which violates the provisions of this Section. The City Manager shall not knowingly allow any Commissioner to deal with the administrative services In vio lation of the provisions of this section. Neither the Commiss ion nor any of its members shall direct or rOEluest tho removal of aAHoFSon from office ey tho City Manager or by any of his or her Sl:leOfGlI'lates , or iA-aAy ffiaooef.-laka-part in the removal of offioers amI em~ees in the-administrati'lo service of the Gi~, B<69f3Wer the I'lUFl'lose of inquiry and for the I'lurpose of interviewing any sandidato for department direGtor pr-iof-tG-aWOintmeAt-by-t.Re-Gtty-MaRagor sl:lbjocl to tRe--Gtty Commission's aI'lPro'ial , tho CommissioA and ils members shall-Geat.-with the administra11 .. 'e seFVice-selely through-tfie-G+t>t-MaAagOf-afld...Aeither the CommissieR-AOf'-aRy-memger-tAefeef shaU-!}iye-er~o any sOOordiRates--& :he-Gity-MaRagef;-elt~bliGly-GF--pfi'Jately . This seGti0A-6hall Aot af3l'lly to officers appointee lInder Article II, aeolian 7 of this Chartof, (Amendes 11/Q2!1 0) SECTION 8. Amendments This Charter may be altered or amended at any time as provided by the Home Rule .. • .. .. Charter of The City of South Miami Amended 14 February 2012 Page 34 of 40 Article VI -General Provisions Amendment and Charter of Metropolitan Dade County or as provided by the Florida Statutes, whichever shall prevail and be in effect. SECTION 9. Ratification All officials acts and ordinances passed by the City, including any ordinances annexing certain unincorporated territory to the City and thereby enlarging its boundaries, done prior to the passage of this act are hereby ratified, cured and made legal as fully and completely as though all requirements and details by any general or special law government relating to the same have been done and performed . SECTION 10. Invalidity If any section or part of section of this Charter shall be held invalid by a Court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear except to the extent that an entire section or part of section may be inseparably connected in meaning and effect, with the section or part of section in which such holding shall directly apply. SECTION 11. Acceptance This Charter shall become effective upon its being approved by a majority of the qualified electors of the City of South Miami voting at a referendum election to be called for that purpose by the City Commission of South Miami in accordance with Section 5.03 of the Metropolitan Dade County Charter and upon being filed with the Clerk of the Circuit Court as provided in said Charter. SECTION 12. Repeal Any and all special acts of the State of Florida in conflict are hereby superseded. ARTICLE VI (Cont'd) SECTION 13. Transition A . Upon adoption of this Charter as herein provided, the Code of Ordinances, City of South Miami, and all other ordinances and resolution theretofore passed and adopted shall continue in full force and effect until thereafter amended, superseded or repealed; and all officers, employees and appointees of the City shall continue in office for the terms to which they were elected or appointed. B. No action or proceeding, civil or criminal, pending at the time of this Charter shall take effect, brought by or against the City or any office, department or agency or official thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency or officer thereof, party thereto may, by or under this Charter be assigned or transferred to another office, .. .. • • Charter of The City of South Miami Amended 14 February 2012 Page 35 of 40 Article VI -General Provisions department or agency or officer ; but, in that event, the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. C. The title, rights and ownership of property, uncollected taxes, claims, judgements, decrees, liens, suits, actions and choices in action, of whatsoever kind or nature held or owned by the existing municipality shall not be affected or abated by the adoption of this Charter. D. No debt or contract of the present municipality, including but not limited to bonds or certificates of indebtedness , heretofore issued, shall be impaired or avoided by the adoption of this Charter. • .. .. Schedule (A) Boundaries Charter of The City of South Miami Amended 14 February 2012 Page 36 of40 Schedule (AI Boundaries Beginning at a point in the center of Southwest 57 Avenue at the Southeast corner of Section 36, Township 54 South, Range 40 East; thence running Northerly along the East line of Section 36, and Section 25, Township 54 South, Range 40 East, said line being the center line of Southwest 57 Avenue (Red Road) a distance of approximately 7,920 feet , to the Northeast corner of the Southeast quarter of aforesaid Section 25 ; thence running Westerly along the North line of the aforesaid Southeast quarter of Section 25, the same being the center line of Southwest 64 Street (Hardee Road) approximately 1 ,660 feet to the East line of HAMLET, said point being the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of the Northeast quarter of aforesaid Section 25 thence running Northerly along the East line of HAMLET and AVOCADO HOMES a distance of 1,988.2 feet, more or less, to the Northeast corner of the West half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 25 , thence running Westerly to the Northwest corner of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 25, aforesaid, a distance of 336.08 feet, more or less; thence running Northerly along the East line of the Northwest quarter of Northwest quarter of Northeast quarter to the North line of aforesaid Section 25 (center line of Southwest 56 Street, sometimes known as Miller Drive) a distance of 663 .53 feet, more or less; thence running Westerly along the North line of Section 25 ,Township 54 South , Range 40 East , said line being the center line of Southwest 56 Street, to the Southeast corner of the West half of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 24, Township 54 South, Range 40 East, a distance of 1,011.45 feet, more or less, thence running Northerly along the East line of LA HAMACA SUBDIVISION, to the Northeast corner of the Southwest quarter of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 24 , aforesaid, a distance of 1,024.81 feet, more of less , thence running Westerly a distance of 337 .59 feet, more or less, to the Northwest corner of the Southwest quarter of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 24, aforesaid , said point being in the center line of Southwest 63 Avenue ; thence running Northerly along the center line of said Southwest 63 Avenue a distance of 343.07 feet, more or less, to the Northeast corner of the East half of the West half of the Southeast quarter of the Southwest quarter of Section 24, aforesaid; thence running Westerly a distance of 337 .59 feet , more or less, to the Northwest corner of the East half of the West half of the Southeast quarter of the Southwest quarter of Section 24; thence running Southerly a distance of 1,371.49 feet, more or less to the center line of Southwest 56 Street (Miller Road) at the Southwest corner of the East half of the West half of the Southeast quarter of the Southwest quarter of Section 24 aforesaid ; thence running Westerly along the center line of South west 56 Street, said line being the South line of Section 24 aforesaid , to the Southeast corner of the Southwest quarter of the Southwest quarter of Section 24 , aforesaid , a distance of 337 feet, more or less, thence running Northerly along the East line of the Southwest quarter of the Southwest quarter of Section 24, a distance of 660 feet, more or less to the North line of the South half of the Southwest quarter of the Southwest quarter of aforesaid Section 24; thence running Westerly along said North line of the South half of the Southwest quarter of the Southwest quarter of Section 24, to the Southwest corner of the East half of the Northeast quarter of the Southwest quarter of the Southwest quarter of Section 24 , a distance of 337 feet, more or less; thence running .. .. .. .. Charter of The City of South Miami Amended 14 February 2012 Page 37 of40 Schedule (A) Boundaries North along the West line of the East half of the Northeast quarter of the Southwest quarter of the Southwest quarter of Section 24, a distance of 660 feet, more or less, to the Northeast corner of the West half of the Northeast quarter of the Southwest quarter of the Southwest quarter of said Section 24 ; thence running Westerly along the North line of the West half to the Northeast quarter of the Southwest quarter of the Southwest quarter of said Section 24, a distance of 330 feet, more or less, to the Northeast corner of the Northwest quarter of the Southwest quarter of the Southwest quarter of aforesaid Section 24, said point being in the center line of Southwest 65 Avenue , at the Northeast corner of GRANDVIEW PARK SUBDIVISION ; thence running North along the East line of the West half of the Northwest quarter of the Southwest quarter of Section 24, to the Northwest corner of the Southeast quarter of the Northwest quarter of the Southwest quarter of the aforesaid Section 24, a distance of 660 feet, more or less ; thence East 330 feet, more or less, to the Southeast corner of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter; thence North 660 feet, more or less, to the center line of Southwest 48 Street, said point being the Northeast corner of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter ; thence West along the center line of Southwest 48 Street 990 feet, more or less, to the Northwest corner of Southwest quarter of aforesaid Section 24, said point being the intersection of the center line of Southwest 48 Street and Southwest 67 Avenue ; thence running Southerly along the center line of Southwest 67 Avenue; the same being the West line of aforesaid Sections 24 and 25, to the Southwest corner of the Northwest quarter of the Northwest quarter of Section 25, aforesaid ; said point being the intersection of the center line of Southwest 67 Avenue and 60 Street ; thence running Westerly along the North line of the South half of the Northeast quarter of Section 26, Township 54 South, Range 40 East, to a point on the Easterly Right of Way line of the Florida East Coast Railway Company (Miami Belt Line); thence run Southerly along the Easterly Right of Way line of aforesaid Florida East Coast Railway Company (Miami Belt Line) to a point on the North line of the Southeast quarter of aforesaid Section 26; thence Easterly along the North line of the Southeast quarter of aforesaid Section 26 to the Northwest corner of the Northeast quarter of the Southeast quarter of aforesaid Section 26; thence run Southerly along the West line of the East half of the Southeast quarter of Section 26, aforesaid , and the West line of the East half of the Northeast quarter of Section 35, Township 54 South , Range 40 East, said line also being the center line of Southwest 69 Avenue, a distance of 5,280 feet, more or less, to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 35, Township 54 South, Range 40 East; thence running easterly 1,980 feet, more or less , to the Northwest corner of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 36, Township 54 South, Range 40 East; thence South 330 feet, more or less, to the Southwest corner of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 36; thence East 660', more or less, to the Southeast corner of the North 1/2 of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 36; thence North 330 feet , more or less, to the Northeast corner of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of said Section 36 ; thence running Easterly along the center line of Southwest 80 Street, also the South line of the Northwest quarter of aforesaid Section 36 to a point at the intersection of the center line of Southwest 80 Street and Southwest 62 Avenue , said point being the center of Section 36 , Township 54 South, Range 40 East, a distance of 1,320 feet , more or less, thence running South along the center line of Southwest 62 Avenue, said line being the West line of the Southeast quarter of Section 36 to the center .. .. .. Charter olThe City of South Miami Amended 14 February 2012 Page 38 of 40 Schedule (A) Boundaries line intersection at Southwest 88 Street; said point being the Southwest corner of the Southeast quarter of aforesaid Section 36, a distance of 2,640 feet, more or less,; thence Easterly along the center line of Southwest 88 Street 2,640 feet, more or less, to the Southeast corner of Section 36, Township 54 South, Range 40 East, said point being the Point of Beginning. ALSO the following described areas in Section 24, Township 54 South, Range 40 East: A" of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 24, Township 54 South, Range 40 East, the same being the ORCHARD HEIGHTS and RIVIERA PINES SUBDIVISIONS. All of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 24, comprising a Re-subdivision of Blocks 5, 6 and the North half of Block 15, BILTMORE HEIGHTS SUBDIVISION, together with a" the streets and avenues lying in the Northwest quarter of the Northeast quarter of the Southeast quarter and the Northeast quarter of the Northwest quarter of the Southeast quarter and the Northwest quarter of the Northwest quarter of the Southeast quarter and the Northeast quarter of the Northeast quarter of the Southwest quarter and a" of the tract of land in the East half of the Northwest quarter of the Northeast quarter of the Southwest quarter of Section 24, together with the following described lots: Lots 9, 10, 11 and 12 of Block 9; Lots 1, 2, 3 of Block 13; Lots 20 and 21 of Block 1; of BILTMORE HEIGHTS as recorded in Plat Book 21 at Page 34 of the Public Records of Dade County , Florida. ALSO : The East 80 feet of Tract 4, BILTMORE HEIGHTS REVISED, recorded in the Plat Book 39 at Page 65 of the Public Records of Dade County, Florida; also formerly known as Lots 23, 24, 25 and the East 5 feet of Lot 22 in Block 4 of BILTMORE HEIGHTS, recorded in Plat Book 21 at Page 34 of the Public Records of Dade County, Florida . ALSO including a" of the following described lands lying in the North half of the North half of Section 24: Beginning at the Northeast corner of Section 24, at the intersection of the center lines of Southwest 57 Avenue (Red Road) and Southwest 40 Street (Bird Road); thence running Westerly along the North line of Section 24 (center line of Southwest 40 Street) to the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the said section; thence running South along the west line of the East half of the Northwest quarter of the Northwest quarter to the Southwest corner of the East half of the Northwest quarter of the Northwest quarter of said Section 24; thence running easterly along the South Line of the North half of the North half of Section 24 to the Southeast corner of the West half of the Northeast quarter of the Northeast quarter of said Section, a distance of 3,960 feet, more or less, thence running Northerly along the West line of the East half of the Northeast quarter of the Northeast quarter of Section 24 to the Northwest corner of the South half of the Southeast quarter of the Northeast quarter of the Northeast quarter of said section a distance of 330 feet, more or less, thence running Easterly along the North line of the South half of the Southeast quarter of the Northeast quarter of the Northeast quarter of said section to the East line of Section 24, a distance of 660 feet, more or less, to the Northeast corner of the South .. .. .. .. Charter of The City of South Miam i Amended 14 February 2012 Page 39 of 40 Schedule (A) Boundaries half to the Southeast quarter to the Northeast quarter of the Northeast quarter of Section 24 , said point being in the center line of Southeast 57 Avenue ; thence running North along the East line of Section 24 to the place of beginning a distance of 990 feet, more or less ; however, excluding from the above description certain parcels and tracts of land, but not excepting any rights of way for highways within the area described, the exceptions being as follows: All lots in the Southeast quarter of the Northwest quarter of the Northwest quarter and the East half of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 24, Township 54 South, Range 40 East, Tract 1-A and Lots 10, Tracts 2-A, 2-B , Lot 9 and Tract 2-C, Tracts 4-A , 4-B , and 4-C, the North 10 feet of the East 50 feet of Lot 5 and Tract 3-D in ALTA TERRA a subdivision of the East half of the West half of the Northwest quarter of the Northeast quarter of Section 24 as recorded in Plat Book 35 at Page 26 of the Public Records of Dade County , Florida. ALL lots in the Northeast quarter of the Northwest quarter of the Northeast quarter and in the North half to the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 54 South , Range 40 East. ALL lots in Blocks 4 and 5, with the exception of Lots 21 and 24 in Block 5, ALL lots in Block 3 with the exception of Lots 1,2,9,10,11,12,13,14,15, and 16 ,; ALL lots in Block 6, with the exception of Lots 8, 9, 13, 14, 15, 16, 17, 18, 19, and 20 ; ALL lots in Block 7, with the exception of Lots 14, 17, 18, 19 , 20, 21, 22, 24, 25 , 26 , and 27 ; as contained in WESTERFIELD MANOR, Section One, Two and Three located in the Northeast quarter of the Northeast quarter of Section 24 , aforesaid , and recorded in Plat Book 18 at Page 47 and in Plat Book 27 at Page 9 of the Dade County Public Records, and the jurisdiction and powers of the City of South Miami shall extend over all lands within said area, whether platted or unplatted, and including, but not limited to all streets, sidewalks, alleys and parks and to and over all water, waterways , canals and submerged lands whatsoever within the said boundaries. ALSO , beginning at the intersection of the centerline of Southwest 59 Avenue and the centerline of Southwest 64 Street; thence run easterly along the centerline of Southwest 64 Street to the intersection of the East boundary line extended of UNIVERSITY GARDENS SUBDIVISION NO .1 as recorded in Plat Book 89 at Page 15 of the Public Records of Dade County, Florida; thence run Northerly along the East boundary line of said UNIVERSITY GARDENS SUBDIVISION NO .1, to the Northeast corner of Block 2 , of said UNIVERSITY GARDENS SUBDIVISION , NO .1, thence run westerly along the North line of said Block 2, of UNIVERSITY GARDENS SUBDIVISION NO . 1 to a point on the East right of way line of Southwest 59 Avenue; thence run Northerly along the East right of way line of Southwest 59 Avenue to the intersection of the North right-of-way line of Southwest 62 Street, thence run westerly along the North right-of-way of Southwest 62 Street to the West boundary line of UNIVERSITY MANOR FIRST ADDITION as recorded in Plat Book 48, at Page 45 of the Public Records of Dade County, Florida, thence run southerly along the west line of said University Manor First Addition and the West line of STORM PROOF SUBDIVISION as recorded in Plat Book 47 at Page 12 of the Public Records of Dade County Florida, to a point on the centerline of Southwest 64 Street; thence run East along the centerline of Southwest .. • • Charter of The City of South Miami Amended 14 February 2012 Page 40 of 40 Schedule (AI Boundaries 64 Street to the intersection of the centerline of Southwest 59 Avenue and the centerline of Southwest 64 Street, the same being point of beginning. ALSO the NW 1/4 of the NE 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of the NE 1/4 all of Section 25, Township 54 South, Range 40 East, less the North 50 feet thereof, Dade County , Florida. The title and jurisdiction over all streets, thoroughfares, sidewalks, parks, alleys and public lots within the City of South Miami and all other property and municipal public works of the City now owned, possessed or operated by it is hereby vested in the City of South Miami, as created by this act as may be contracted or expended . • Item o 1 3 4 6 8 9 10 11 Section Table of Contents Preamble A-II , S-5 , A. A-II, S-5, F. I A-II, S-6 (5) I A-II , S-6, B. (2) I A-II, S-6, B . (C) I A-II , S-6 , B. (C) A-II , S-6, 0 , 1. South Miami Charter Review Committee MASTER TABLE -DRAFT Current There is no Table of Contents Written for the County No exception for Executive Session Commission quorum = 4 "Authorize one borrowing mone--" "The public hearing shalL .. " " ... provided in this Charter, everv ... " " ... effective at the expiration often (10) days, or. .. " 15 August 2013 Proposed Include the Table of Contents , as drafted (and edited by the clerk once the new Charter is finalized Edit to the City Add exception for Executive Session Commission quorum = 3 "Authorize ooe borrowing mone·-" "+As ~ public hearing shall " " ... provided -iA----#Hs Charter , everv ... " Discussion Clerk to correct for accuracy once the new Charter is finalized -Ag reed as d rafted- Ag ree to ed it to City if legally sound. Language agreed as edited in 15 Aug Mark- u Agree Agree (ensure 4/5 exceptions called out as necessary elsewhere) (cross reference as needed) Murray confirms cross- reference oka Agree to delete "one" Agree to replace "The" with "A" Agree to delete "in this Charter" Agree to replace "ten days" with "upon execution" for adoption I I of ordinances Four (instead of three) affirmative votes required in the following instances : " ... effective at--tRe- expiration of ten (10) clays upon execution or. .. " I !!~~~-.-'.C:··S ~ ~\'~I~;'~~ :~ 1 ~~_~~I~:'.~.r::' ~·l.~:~~~_i "To grant, renew or amend anv lease or franchise. Delete these three instances Agree to delete these three instances, mean ina three votes Needs LeQal x x x Minor x x x HOT! As Is Date AcceDted 8/2 4/19 8/2 8/9 4/19 4/19 8/2 4/19 4/19 4/19 4/19 4/19 8/2 8/9 • Done x x • x x x x x x x Item Section 13 I A-II, S-6, D, 1. 15 I A-II, S-6, D, 2. 16 I A-II, S-7, A, 2 . Current To transfer title to property . To appropriate or expend non-budgeted funds" Five (instead of three) affirmative votes required in the following instance: I ''To amend land use and development regulations in any manner to make them less restrictive" I "The affirmative vote of four members present shall be required to the adoption ... " "The City Attorney shall be a I lawyer of at least five years practice in the courts ... " Proposed Change from five to four votes needed for such changes "The affirmative vote of fGI:lf a majo ri ty of members present shall be required to the adoption ... " "The City Attorney shall be a lawyer of at least five years municipal law practice in the courts ... " South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Discussion can carry such items. Language agreed as edited in 15 Aug Mark- • J;.'·~1::~~~Fi ?i.;} Agree to change from five to four votes needed for such items. Murray -Five is legal but not optimal Okay to change to four Language agreed as edited in 15 Aug Mark- ue Agree to change from "four" to "a majority of' (Murray says okay for emergencies -discuss that it could cause minority votes of the Commission) Discussed and Agreed Agree to add "municipal law" to the requirement Agreed it was sound to leave further specificity to the Commission Q: Murray: Changes status of current CAtty? Murray: Still works at the pleasure but best to exclude. Page 2 of 12 As Date Is Accepted Done HOT! 4/19 x x 8/2 I X 8/9 4/19 x I X 8/2 4/19 x 8/2 I X 8/9 • Item Section Current Proposed 16-A A-II, S7 , A, 3 A City Clerk ... "act as delete this piece of the job Supervisor of Registration ;" description 18 A-II, S-8, A Appointments ... Delete section " ... established by ordinance, " ... established by ordinance o r resolut ion , 19 A-II, S-8, B the Commission , but not by the Commission, but not way of limitation shall b~/' ... !ay of limitatioA shall provide ... " provide ... " "number of members and A-II , S-8 , B who al2l2oints or 20 (1 ) "number of members " nominates them, including any gualifications rejluired " "MaAdatory Planning "Mandatory Board. There Board. There shall at-aU 22 A-II, S-8, C shall at all times be a Hmes be a planning board planning board composed solely of residents ... " composed SGIely of residents ... " "The Planning "The Planning 23 A-II, S-8, C , Board ... members . A quorum Board ... members. A 1. for its meeting shall consist ElUOFUFfI roF its Ffleetin§ of five (5) members." .11 .~~ :~ •• { fl. Ie.\ Discussion Language agreed as edited in 15 Aug Mark- up Per City Clerk - "registration is conducted by the County's election department." f\greed to delete South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 3 of 12 I Needs Minor HOT! As Date Done Legal Is Accepted 8/2 X Agree to delete section (See B (1) changes on the next page of the x 4/19 x Charter, which address appointments) Murray: Okay Agree to add "or resolution " and delete 4/19 X "but not by way of limitation " Agree to insert "and who appoints or nominates them, 4/19 X including any J1ualifications required " Agree to additions and 4/19 X deletions as noted Agree to delete Planning Board quorum 4/19 X specification from the Charter because it's Item Section Current Proposed members." Investigations: " ... the Commission ... may make Investigations: " ... the investigation in to the Commission ... may make affairs of this City aRe tl:!e investigation in to the affairs SeRel:lst ef aRY of this City and the conduct eef}aFtment, BeaH:t, of any department , Board, G#iser er A§ent ane fer Officer or Agent and for this tRis !=Il:IrJ39se may purpose may subpoena Sl:IeJ'loena witnesses , witnesses, administer oaths, aeminister eatAs, take take testimony and require lestimeRY aRe reEl 1:1 ire tRe 24 A-II, S-9 the production of evidence. f}Fosl:Istien ef elJisense. Any person who fails to obey ,o,ny f}ersoA wAa fails to a lawful order issued in the aeey a 18'.\41:11 areer issl:les exercise of these powers by in tRe e*eFsise af tRese the Commission shall be !'lowers by tRe guilty of a misdemeanor and bommission sAall be punishable by a fine of not §l:Iilt]! of a misaemeanoF more than $500.00 or by aRe f}l:IniSRa8le 8'1 a fine imprisonment for not more of net mere tRan $5QQ.QQ than six months or both." or by imprisanment for not mare tAan si* montAs OF ~ Leave only: "The City Commission may remove the City Manager from office by a maiorit~ of the 27 A-III, S3 full Commission a#irmati!Je !Jote af a maierity af all its members , with or without cause. Discussion more appropriately set by the Commission South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 4 of 12 Needs Minor HOT! As Date Done Legal Is Accepted The Committee agreed that it needs legal counsel to consider this matter (Murray to provide 4/19 revised language x x 8/2 x Language agreed as edited in 15 Aug Mark-8/9 up Agreed to make changes but discuss change and deletion 5/24 with Murray x 7/19 x Murray: for removal, use "by a majority of the 8/2 full commission." • Item Section Current Proposed Remove" ... If his or her removal ... him or her from office" and make other changes to that paragraph Strike all and insert "During an absence or disability, the Commission 28 A-III, S4 shall name an Acting City Manager." Also define "absence" and "disability" A-III, S5, 29 paragraph 1 strike second half of paragraph: ", providing 30 A-III, S5, A such removaL .. may be specified by ordinance" 32 A-III, S5, E South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 5 of 12 Discussion Needs Minor HOT! As Date Done Legal Is Accepted Agreed 7/19 Re-affirmed agreed Strike all leaving only, "During an absence or disability, the 5/24 Commission shall name X an Acting City x Manager." Murray: 8/2 Okay as edited 8/2 strike, "to the Commission" midway x 5/24 X through paragraph Strike all leaving only, "A. Appoint and, when necessary for the good of the City, remove any employees of the City (excepting those authorized to be 5/24 appointed and removed x X by the City 8/2 Commission)." Murray to opine -note that language was just added in 2010 Murray: Okay as edited Agreed -as edited Delete section E 5/24 X Murray : Okay to delete . x 8/2 Item Section Current Proposed " ... department of the City iR tAe arnelolRt loI~ te aRa iRelloIdiRg $5,000.00 . All contracts for goods and services in excess of 34 A-III , S5, H $1 5,000 .00 shall be approved by the City Commission. 35 A-IV, S1 37 A-IV, S2, A A-IV, S2, B & 38 C Should read, "Adoption The budget shall be adopted by a majority of 39 A-IV, S2, D votes of the City Commission before the first day of the new fiscal year. Should the South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 6 of 12 Discussion Needs Minor HOT! As Date Done Legal Is Accepted Agree to accept the two proposed edits and also to delete the last three quarters of the section, ~e Gity MaAageF sAall 5/24 Fef.)eFt ... by the Gity GernrnissieR." x 8/2 X Murray to provide alternate language 8/9 Language agreed as edited in 15 Aug Mark- up Correct "Dade County" to "Miami-5/24 Dade County" typical x x throughout Strike "by anyone" at the end of the 5/24 x paragraph Poorly constructed text -request counsel re-5/24 draft Murray to provide revised language x 8/2 x Language agreed as edited in 15 Aug Mark-8/9 up Agreed Murray to provide 5/24 language that reverts to last year's budget. x 8/2 x Language agreed as 8/9 edited in 15 Aug Mark- Item Section Current Proposed Commission take no action prior to that date , the budget as originally submitted by the Manager shall be deemed to have been finally adopted by the Commission." Should read : ''Transfer of Appropriations The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classification of expenditure within an A-IV, S2, F, office or department. At 41 the request of the City 1 Manager, and within the last three months of the budget year, the Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office or department to another. 42 AIV, S2, F, 2 - Discussion up Agreed Finance Director deferred to the CM . CM advised that the intra-department South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 7 of 12 Needs Minor HOT! As Date Done Leaal Is AcceDted 5/24 authority was the more 6/7 x important. He had no strong objection to the Committee's recommendation to keep the interoffice authority as is. Delete : "Such notes ... without previous 5/24 advertisement." Murray : Okay to scrap x x sentence, "Such 8/2 notes ... " but leave last • Item Section Current Proposed Assessment 43 AIV, S3, B City to perform if County Delete as obsolete does not 44 AIV, S4, B 45 AIV, S4, C 46 AIV, S4, D " ... by resolution or ordinance adopted bv ... " Audits: Auditor shall not Auditor can serve for six 47 AIV, S4, E serve more than three years consecutive years Contract is re-bid every three years 50 AV, S1, B Candidate certification no Candidate certification more than 42 days or less less than ~ QQ.day~ South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 8 of 12 Discussion Needs Minor HOT! As Date Done Legal Is Accepted sentence, "Notes may not... I! Agreed as Murray opined Murray: Obsolete-5/24 likely from pre-1957 x x Agreed to delete subsection 8/2 " ... into his or her RaAGs custody in such x 5/24 x depositories ... " 1. Ask counsel if subsection is even necessary. If so, propose: 2. " . .. proposed 5/24 expenditures, in x x accordance with the 8/2 al2l2roved budget, but unless ... " Murray: Okay as edited AQreed -as edited. Agree to or ordinance x 5/24 insertion Murray: Okay 8/2 x Finance Director met with the Committee and said auditors servicing 6/7 for six years is normal x x and optimal and it's 8/2 okay to re-bid every three years Murray: Okay as edited To conform to County 5/31 calendar which also x x '-- Item Section Current Proposed than 28 days before duly before duly scheduled scheduled election election CM suggested to 52 AV, S1, 83 Sworn oath. eliminate it from the charter. No appointed officer or employee of the City of 53 AV, S1, 84 South Miami shall be Delete. certified for nomination of anyelectedposition ... Any official of the City of South Miami who is elected or appointed to any office 54 AV, S1, 85 and qualifies for an elective Delete office outside the City of South Miami shall forfeit his (her) office by the fact of such qualification . i I I Time of election being in Move the election to 57 AV, S2, A November of even February .. number years South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 9 of 12 Discussion Needs Minor HOT! As Date Done Legal Is Accepted conforms to federal law 8/2 Murray: Agrees with edit Voted 3-1 to let it stand as is except remove specific statutory citation Murray: Should remove x 8/2 x specific statutory citation Agreed State law, constitutional questions. 5/31 Murray: Okay to delete x x 8/2 Agreed to delete State law, constitutional 5/31 questions. x x Murray: Okay to delete Agreed to delete 8/2 [Illisis StanO-af()nf:l ~sUe Number Twg .~ommittee stronatV Multiple recommends movinG dates, elections to NovembeJi includ 'g Committee discussed: x x x 1. Vote turn out. 5/31 2. Concentration of general interest. 8/2 3. Cost. 4. Numerous other p • I Item Section Current Proposed I Does not give enough 61 AV,S4 Run-off elections ... within 30 time for absentee ballots, days. timing might need a change. Commission shall adopt 62 A-V, S5 , A procedures for elections not consistent with State law South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 10 of 12 Discussion Needs Minor I HOT! As Date Done Legal Is Accepted aspects Needs discussion at COW prior to drafting language Murray would draft an ordinance for transition . Committee discussed that this applies to tie elections only, which has never happened. Committee considered changing to a coin-toss in case of a tie? Murray: Okay to have coin toss Committee deadlocked over changing to coin 5/31 toss . Tossed a coin to resolve deadlock. x x 8/2 x Remaining as is won 8/9 Dan requests Committee reconsider because the runoff would have to wait a fresh 60 days, which was not discussed 8/2 Committee reconsidered and agreed to a coin toss. Murray will provide 8/2 fresh language x x Language agreed as 8/9 • .- • • Item Section Current Proposed Canvassing Committee This could result in 63 AV, S5 , B being made up of the commissioner have a majority (?) of the conflict of interest. commission and City Clerk. Change this to after Installation. At 8 :00PM on Certification of the 64 AV, S5 , C the day following the Election which normally election .. doesn't happen until Friday after the election . 65 AV, S6, A Initiative 66 AV, S6, E Referendum Petitions South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 11 of 12 Discussion Needs Minor HOT! As Date Done Legal Is Accepted edited in 15 Aug Mark- up Canvassing committee should be a non-partial group. Need to codify what was temporary in 5/31 the 2004(?) resolution Murray will provide X 8/2 x fresh language 8/9 Language agreed as edited in 15 Aug Mark- up Murray will provide 5/31 fresh language Language agreed as x 8/2 x edited in 15 Aug Mark- up 8/9 Intent is not clear to the Committee -discuss with Murray. Murray will provide model language PROVISIONAL: 6/7 Replaced with similar language to the County x 8/2 x Charter. Counsel will review further , including 8/9 on the sufficiency of Recall language, prior to the Committee's final recommendation. Murray will provide 6/7 model language x x PROVISIONAL: 8/2 Item Section Current Proposed 69 AVl, S4 Annexation Strike the section 71 AVI, S5, (3) "Daily Business Review" Strike "Except for the purpose ... subject to the 73 AVl, S7 Autonomy City Commission's approval," South Miami Charter Review Committee MASTER TABLE -DRAFT 15 August 2013 Page 12 of 12 Discussion Needs Minor HOT! As Date Done Legal Is Accepted Replaced with similar language to the County 8/9 Charter. Counsel will review further, including on the sufficiency of Recall language, prior to the Committee 's final recommendation . Agreed -Murray : Okay x 6/7 to strike. 8/2 x Remove specific reference and make general. Murray to 6/7 provide fresh language x 8/2 x for subsection Language agreed as 8/9 edited in 15 Aug Mark- up Murray to provide model language 6/7 Language agreed as x 8/2 x edited in the 15 Aug 8/9 Mark-up I ~ South Miami Charter Review Committee COLD STORAGE 15 August 2013 Section Current Proposed I Discussion I Minor I HOTI I 7~ I •. -_.: . I Done Agree to keep notations Various I "Amended xxxx" notations I Delete notations I -typical throughout I x I 4/19 I X rter Committee agreed that the Commission has a hard enough time I x I ~ A-II, 5-5, C I Commission meets at least I Commission meets at I completing its work in 7/19 I twice monthly least once monthly x two monthly meetings now, and this item need notcha A-II, 5-6, (1) I Requires Commission to act Delete requirement Agree that current is I x I 4119 I x h .. ordinance to alter De ts. reasonable Agree to delete "for consideration" A-II, 5-6, B. ..... any member for I ..... an y member fef: I Note: This is moot as I I I 4/19 I I consideration at any ... n Gonsideration at any ... " the words are already x x removed in the current Charter Agree NOT to delete Four (instead of three) this instance, meaning four votes will continue affirmative votes required in to be required for such A-II , 5-6, D , I the following instances: Delete this instance items. I x I 4/19 I x 1. "To approve an initiatory ordinance pursuant to Article l it was discussed that V" this should remain a threshold Emergency Ordinances limited as follows: "but an A-II, 5-6, D, emergency ordinance may I Delete this exception I Agree NOT to delete I not grant renew or extend a I x I 4/19 I x 2. this exception franchise or authorize the borrowing of money except as orovided in this Charter." South Miami Charter Review Committee COLD STORAGE 15 August 2013 Page 2 of 5 Section Current Proposed Discussion Done II w· th Agree to leave as is, not ". . .. po er In e adding superfluous A -II S-7 C I ··· power In the absence, I unexcused absence, d· t·" d" I I 4/19 I X " . k " xt d d d b·'·t t· a 1e c Ives, unexcuse x SIC ness... e en e e II a 1n9 d" xt d d . k" an e en e SIC ness... debi_ "term of members and the Agree NO:; to add the A-II, S-8, B I "t f b" I t f B d d language ana the term I 4/19 I X (2) erm 0 mem ers erm 0 oar s an f B a a C ·tt " 0 oar s an omml ees... C ·tt " Departments: fu:cept as Departments: Except as may may be otherwise be otherwise provided by proviaea by statl::lte or this omml ees ... statute or this Charter, the Charter, the Commission I ~ Comm.ission shall establish sha./I establish BY Agreed NOT to delete by ordInance, such. . oralRance, sl::loh . this section _ rather A-II S-11 I departments of the CIty as It ae~artments of the CII:y leave it as is _ but also x I x I 4/19 I X , deems necessary, and as It seems neoossary . k I I I·t prescribe the functions of all ana presoriBe the ~ee eg~kcounse on I . departments and duties, f~JRotions of a/l urray: ay authorities and aepartments and duties , responsibilities of the al::lthorities ana department heads. I d"l'aRmeAt Rea, A-III S5 C " ... f~n~nce~ and ~e.~aln I Do NOT add "certain" I x I 5/24 I X , , admlnrstratlve activItIes .. ." Agree to add, "a/l" A-III S5 F I "Attend all Commission Dan: This item appears I I 5/24 , , meetings ... " moot as "all" is already x I x in the text. Fiscal year of the City of Research the driver for A-IV S1 I South Miami shall be the this (what factors drive 5/24 , same as that set by Dade the setting of this date) x 8/2 I X County and correct accordi-_. South Miami Charter Review Committee ~ COLD STORAGE 15 August 2013 Page 3 of 5 Section Current Proposed Discussion Needs I M" I HOTI . "go. Inor I P For instance, if the City's fiscal year should lag the County's by one quarter. (City Finance Director stated that it had to match M-D's fiscal year by law) Murray review: Leave as is per state law. ~ed arch definition of 5/24 A-IV, 82, E "certification" x x I x to leave as is 8/2 Committee agreed NOT AIV, 84, F I delete section I to delete section but to Murray: Okay to leave x I x 5/24 I x as is 30 day residency before I x I 5/31 • AV,81,A I date of election to qualify as Dan: okay as is x 6/7 x a voter. The amount could be AV, 81, 82 I $100 qualifying fee. I done by ordinance, but committee voted to let it I X I I X I 5/31 I x stand as is No person shall be for nomination to an elective office .... who is concurrently Dean suggested this is AV, 81, 86 I has qualified for nomination already prohibited by I Votes 4-0 to let it stand I x 5/31 I x of or is concurrently holding 8tate law. an elective office outside the • City ... A person qualified for an AV, 81, 87 I elective office outside the I Voted 4-0 to let it stand I I x I 5/31 I X after havina aualified for South Miami Charter Review Committee COLD STORAGE 15 August 2013 Page 4 of 5 Section Current Proposed Discussion an elected office in the • City ... becomes disqualified for nomination in the City of South Miami. Discussion involved having a Mayor as a To eliminate the position leader and likely the most important vote in of Mayor and have a the minds of many General I Commission -City Manager I yearly rotating Chair of voters ... vs .... having the I x I 5/31 I x Discussion form of government. the Commission from Commissioners get a amongst the more enhanced vision Commissioners. of the collective good. Voted 3-1 to not recommend. Districts would be I Commissioners elected I difficult to set and the I Mode. Commissioners city is already small. I X I 5/31 I x AV,52,B elected by group. by districts. Voted 4-0 to dismiss this I Steve made minor Vote,.. -y-", r.v 1\,,,11;;1 .. ,,", AV, S2, 0 I Term Limits modification. Ian ua e as is X I 5/31 I x Strike last sentence x I • I prohibiting Commission Do NOT make the 617 x AVI,51 I Conflict of Interest members from sitting on change -leave as is boards Murray to counsel on: 1. Are there more modern I Publication Requirement publishing x I x I 617 I x AVI,53 standards we should employ? 2. Is there other uidance Section Current AVI, S5 Franchise Several deletions AVI, S6 Powers of the City AVI, S12 Repeal South Miami Charter Review Committee COLD STORAGE 15 August 2013 Page 5 of 5 Discussion we should consider? Murray: Sufficient as is Murray: Okay to leave as is Confer with Murray: Does this section serve any purpose? Murray: Sufficient as is reed to leave as is Murray: Okay as is . Agreed by Committee to leave as is x x x x 617 8/2 6/7 8/2 6/7 8/2 8/9 Done x x x .. .. .. Analysis of City of South Miami Voter Turnout, Election Cost & Performance In February City-wide Elections vs. November General Elections Election Dates Cost 18000 16000 14000 8000 6000 '000 2000 0 -- Febfuary2002 November 2002 • Cost Per Turnout Percentage Point Cost/(lOO·Turnout) Voter Turnout Cost Per Voted Ballot (Cost/Ballots Cast) Febru,lIy2008 •• Best Cost-Turnout Performance Cost Per Turnout Percentage POint/Best Cost Per Turnout Percentage Point ·Cost Per Turnout Percentage Point 12.46 NMlember 2008 "Best Cost-Turnout Reg Voters • Ballots Cast • Cost ..