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RESOLUTION No. -------
A Resolution for the purpose of submitting to the electors the question of
whether the City Charter should be amended to require four instead of five
commission votes to: i) make land use and development regulations less
restrictive or ii) issue bonds or borrow money in excess of five percent of the
City's operating budget; and to require three instead of four votes of the City
Commission to: (i) grant, renew or amend any lease or franchise, (ii)transfer
title to property, or (iii) appropriate or expend non-budgeted funds.
WHEREAS, the Mayor and City Commission seek to enhance the democratic process in
the City;
WHEREAS, the City Charter currently requires a unanimous vote by the entire City
Commission in order to take certain action;
WHEREAS, the unanimity requirement is deemed to unreasonably impede the
democratic process by granting one member of the Commission veto power over all others; and
WHEREAS, the City Charter currently requires four votes to approve certain action for
which Mayor and City Commission deem three votes is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The following question shall be submitted to the electors of the City of South
Miami at the next general election:
REDUCING NUMBER OF COMMISSION VOTES REQUIRED FOR
CERTAIN ACTIONS
Shall the City Charter be amended to require four instead of five commission
votes to: i) make land use and development regulations less restrictive or ii) issue
bonds or borrow money in excess of five percent of the City'S operating budget;
and to require three instead of four votes of the City Commission to: (i) grant,
renew or amend any lease or franchise, (ii) transfer title to property, or (iii)
appropriate or expend non-budgeted funds?
YES
NO
Section 2: If the question is approved by a majority of the voters in the general election,
the Charter for the City of South Miami shall be amended as follows:
***
1'-
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SECTION 6. Ordinances.
D. Voting Procedure.
ARTICLE II
CITY COMMISSION
***
***
***
1. Requirements for Adoption. 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 11/04/08
& 2/9/10)
To issue bonds or borrow money
+o-gr-ant,reHeW-OF-amend-aHy-lease-of-ffaHGh~ses
+0 transfer title to property
+e-appropriate or expend non budgeted funds
To approve an initiatory ordinance pursuant to Article V
fu<cept as otherwise provided in this charter, five affirmative votes of the city
oommission shall be required-to-approve the actions indicated below:
To amend land use and development regulations in-any-manner-to-make
them-less-restrictwe
To issue bonds or borrow-money in exGeSS of five-percent of the city's current
operating budget
***
Section 3: If any section, clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 4. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
1 PASSED AND ADOPTED this day of ,2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Welsh:
Commissioner Newman:
CITY ATTORNEY Commissioner Harris:
2
#3205394 vI
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review Ilk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 11/19.2013
in the XXXX Court,
was published in said newspaper in the issues of
11/08/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertiseme t for publication in the said
newspaper.
2013
M. ZALDIVAR personally known to rile
e. ttlqfl1AS
.('0\ Notary,.-~"tatt 01 FIOflda
: .~ My Comm. eJ1Jlres Nov 2,2017
o:.*" ",#i Commission (# FF 034747
",f,ii~,:,\?'" Bonded Through Natlooal NoWy Assn.
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING '
NOTICE 'IS HEREBY given' that the City Commission of the City of
South Miami, Florida,willco~duct f'ublicHe8Jil1g(S)at its regular City
Commission, meetingschedul~d for Tuesday; November ,19, 2013,
beginning at 7:00 p:m:;inthe City Commission Chamber's,6130 Sunset
Driv~; to consider the/ollowing itef!1(s):', ' "
A, Resolution subr'nittinll,to the electors the question of whether
various te~hnical¢h<!nges"specificaJlyjdentified in exhibit "A"
to this Resolution, should be made foiheCity Charter. "
A Resolution submitlingtoth,e~lectors the question of whether
vario~ssupstantive,6hanges, sPecifically Identified in exhibit W'
tothisfleSQlu!iQrI,sh?UldiPe&f!1llde,!Q1he.Gity,Gharter.
. ,>\ ~~'Vi~~~~3 ,~'3f"S ~~;. '. ~:<;;t':~:{::~ ;::\:;.;' {i z:<)':',.: ,,-";
A Resolution subm,tlingt6 th~,e[eictorslhe question of whether'
the qity's Genera,IEleciionss,hould be moved from February 10,
, November ()f.el(enJ)umpere<:l.y~a,r;!l~1!?coj!l<;idEi;~i1hth~,(jate,on
which the federal government's g~neral elections ,are held.
. "..' ';.
Pursuant to Rorida Statutes, 286.0105,
publiclhatjfil persondecidesto:appea1.~~~~q~ b~ this
Boar(j; Agency or POnJf!1i,~iq!lwitl:lJEisp,eYfL ,"',' ,cqnsldered at
its meeting pr hearingifieor shl:lwjUneed ~Jet:Ord:9f.theprqiieedings,
and that forsuchp4ft>9se,aff~ctedpe~~Qn/J)ayn~~d t9~nsure that a
ver'batimrecorg of ,U!eprQce~dings iSr mCl<:l.e Which~~of(fincludes ,the
testimony ana evidence upon which the flPpe!l1 is to be based. , ' _
11/8 / 13-3-211/2182876M