Res. No. 238-99-10861RESOLUTION NO. 238 -99 -10861
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER
AMENDMENTS; PROPOSING AMENDMENTS TO CHARTER;
SUBMITTING BALLOT QUESTIONS TO THE ELECTORATE
OF THE CITY AT THE GENERAL ELECTION SCHEDULED
FOR FEBRUARY 8, 2000; REPEALING PROVISIONS IN
CONFLICT; PROVIDING AND EFFECTIVE DATE
Whereas, the Mayor and City Commission of the City of South Miami by
Resolution No. 48 -98 -10315 created a Charter Review Commission to review the
need or desirability for revisions to the City Charter; and
Whereas, the Mayor and City Commission appointed I1 residents of the
City to the Charter Review Commission and assigned the City Manager, City
Attorney and City Clerk to serve the review commission, the review commission
appointed Bruce J. Hoffman, Esq., to serve as its chairperson, the commission met
in public sessions from March 8, 1999 to September 27, 1999, the commission
held two advertised public workshops, and the commission made written report
and recommendations to the Mayor and City Commission for revisions to the
charter; and
Whereas, the Mayor and City Commission accepted the written
recommendations of the Charter Review Commission and determines that it is in
the public interest to present the ballot questions regarding revisions to the charter
to the electorate as appear below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 1: CITIZENS' BILL OF RIGHTS
SHALL THE MIAMI -DADE COUNTY CITIZENS' BILL
OF RIGHTS, AS MODIFIED TO SUBSTITUTE THE
"CITY" FOR THE "COUNTY" AND OTHERWISE BE
MADE APPROPRIATE FOR CITY GOVERNMENT, BE
INSERTED AS A PREAMBLE TO THE CHARTER.
Additions shown by underlining and deletions shown by ^ ° ° °.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
PREAMBLE TO
THE CHARTER FOR THE CITY SOUTH
[See App. I for text of the amendment]
Section 2. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 2: BOUNDARIES
SHALL ARTICLE I, SECTION 3, ENTITLED
"BOUNDARIES," BE AMENDED TO MAKE THE
CHARTER MORE READABLE BY REMOVING THE
LEGAL DESCRIPTION OF THE BOUNDARIES OF THE
CITY OF SOUTH MIAMI FROM THE TEXT OF THE
CHARTER AND ATTACHING IT TO THE END OF THE
CHARTER AS SCHEDULE A.
YES _
NO
If the question is approved by a majority of the voters voting in the general
election, the Charter for the City of South Miami shall be amended to add
as follows:
Article 1.
Section 3. Boundaries.
The legal description of the boundaries of the City of South
Miami are attached to the end of this Charter as Schedule A.
Section 3. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Page 2 of 22
Title: QUESTION 3: COMPENSATION
SHALL ARTICLE II, SECTION 3, ENTITLED
"COMMISSION COMPENSATION," BE AMENDED TO
REQUIRE A SEPARATE ORDINANCE INCREASING
COMPENSATION TO BE APPROVED BEFORE THE
ANNUAL BUDGET IS ADOPTED AND DELAYING THE
EFFECTIVE DATE OF ANY INCREASE UNTIL AFTER
THE NEXT GENERAL ELECTION.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Article II. City Commission.
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
of the
Section 4. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 4: FORFEITURE OF OFFICE
SHALL ARTICLE II, SECTION 4A, ENTITLED
"FORFEITURE OF OFFICE," BE AMENDED TO
PROVIDE AS ADDITIONAL GROUNDS FOR
FORFEITURE SUSPENSION FROM OFFICE BY THE
GOVERNOR, REMOVAL BY THE FLORIDA SENATE,
BY A COURT, OR BY OPERATION OF THE LAW.
YES _
NO
Page 3 of 22
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Article II. City Commission.
Section 4A. Forfeiture of Office.
A commissioner shall forfeit r" office if he or she ... (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 willfully a4d iat@ + @;iR 13
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 for (3), (4) and 5 will be
determined by the City Commission.
Section 5. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 5: FILLING OF VACANCIES
SHALL ARTICLE II, SECTION 4B, ENTITLED "FILLING
OF VACANCIES," BE SUBSTANTIALLY AMENDED TO
CLARIFY THE PROCEDURE FOR FILLING
VACANCIES IN THE OFFICE OF MAYOR OR
COMMISSIONER, TO PROHIBIT A MAYOR OR
COMMISSIONER WHO IS REMOVED FROM OFFICE
FROM QUALIFYING AS A CANDIDATE IN AN
ELECTION TO FILL THE VACANT SEAT AND TO
PROVIDE PROCEDURES FOR APPOINTMENT IN THE
EVENT OF LOSS OF MORE THAN ONE
COMMISSIONER.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Page 4 of 22
Article I1. City Commission.
Section 4B. 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
vacancy shall be filled by a regular or special election to be held not
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 commissioner 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 either to qualify for the
office of Mayor for the next general election or to serve temporarily
in the office of Mayor. The person shall elect to qualify 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 tern to which her 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.
Page 5 of 22
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 not 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 than 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.
Section 6. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 6: SPECIAL MEETINGS
SHALL ARTICLE II, SECTION 513, ENTITLED "SPECIAL
MEETINGS," BE AMENDED TO CLARIFY THE
PROCEDURE FOR FILLING VACANCIES IN THAT
NOTICE OF SPECIAL CITY COMMISSION MEETINGS
MUST BE GIVEN NOT LESS THAN 24 HOURS BEFORE
THE MEETING.
YES _
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Article 11. City Commission.
Section 5B. Special Meetings.
Special meetings may be held upon call by the Mayor or three or
more Commissioners. Written notice of saW the meeting shall be
delivered to the members of the Commission by the City Clerk not
Page 6 of 22
less than w,@P43, -fQ 24 hours before gall} 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.
Section 7. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 7: ORDINANCES
SHALL ARTICLE II, SECTION 6A, ENTITLED "FORM"
AND 61), ENTITLED "VOTING PROCEDURE ", BE
AMENDED TO CLARIFY THAT THE SUBJECT SHALL
BE STATED IN THE TITLE, THE PROCEDURE FOR
ADOPTING EMERGENCY AND NON - EMERGENCY
ORDINANCES, AND CLARIFYING THE SUBJECTS
WHICH REQUIRE FOUR VOTES FOR APPROVAL.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Article II. City Commission.
Section 6. Ordinances.
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."
Any ordinance which repeals or amends an existing ordinance or
part of the City Code shall clearly
identify in the title the ordinance of or section of the code that it
seeks to repeal or amend.
D. Voting Procedure. Voting shall be by roll call. The "yeas" and
"nays" shall be recorded individually in the minutes of each meeting.
Page 7 of 22
No Commission member shall be excused from voting except as s4
F ,•+h in, A.•tinla VT Can4044 I (C@1 flint of Tt#a,-aS +\ required by law.
1. Requirements for Adoption. All resolutions or ordinances shall
be adopted by not less than three 44 affirmative votes of the �
a;W City Commission;
..boll ranira � »- (d\ offie•wvti: >a vntac avnar<4 if 4 <vn M\ marnharo n
A h' h all th (2) ff 4' 4 a•
e
2. n—�sions. Except as otherwise provided in this Charter, four
(44 affirmative votes of the City Commission shall be required in the
following instances:
To issue bonds or borrow money
To grant, renew or amend any lease or franchises of
p4is U44itios
To s€ll alb transfer title to property
To liberalize seP44;g -land use and development regulations
To appropriate or expend non - budgeted funds
To approve an initiatory ordinance pursuant to Article V
3, 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 svr�h 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.
Page 8 of 22
If thryy or four The affirmative vote of
four members � 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 31st 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.
Section 8. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 8: CITY CLERK
SHALL ARTICLE II, SECTION 7A3, ENTITLED "A CITY
CLERK" BE AMENDED TO MAKE NON - SUBSTANTIVE
EDITORIAL CHANGES.
YES _
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Article II. City Commission.
Section 7. Officers.
A. Appointments.
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
sag the seal when lawfully directed; administer oaths; have charge
of the conduct of municipal elections; act as Supervisor of
Registration; and perform such
other duties as shall be required by this Charter or by General Laws
Page 9 of 22
of the State of Florida unless restricted by the Home Rule
Amendment provisions of Motropo Miami -Dade County.
Section 9. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 9: BOARDS AND COMMITTEES
SHALL ARTICLE II, SECTION 813, ENTITLED
"ORDINANCE PROVISIONS" BE AMENDED TO
PERMIT BOARDS AND COMMITTEES RATHER THAN
THE CITY COMMISSION TO APPOINT
CHAIRPERSONS AND TO PROVIDE FOR THE
PRESENTATION OF REPORTS TO THE CITY
COMMISSION.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Article II. City Commission.
Section 8. Boards and Committees.
B. Ordinance Provisions. For any Board or Committee
hereinafter established by ordinance, the Commission, but not by
way of limitation, shall provide for the following:
(1) number of members
(2) term of members
(Z\ gGIOG4 0;1 of Gh i por'so
(A4 Q quorum for meetings
44 _(4) duties of boards and committees
(5) presentation of actions of the board or committee to city
commission.
Section 10. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 10: DEPARTMENTS
Page 10 of 22
SHALL ARTICLE II, SECTION 11, ENTITLED
"DEPARTMENTS" BE AMENDED TO PROVIDE THAT
THE CITY COMMISSION RATHER THAN THE CITY
MANAGER SHALL PRESCRIBE THE FUNCTIONS OF
ALL DEPARTMENTS, AND THE DUTIES,
AUTHORITIES AND RESPONSIBILITIES OF
DEPARTMENT HEADS.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the.City of South Miami shall be
amended to add as follows:
Article 1I. City Commission.
Section 11. Departments.
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 the duties, authorities and responsibilities of
the department heads.
Section 11. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 11: CITY MANAGER
SHALL ARTICLE III, CITY MANAGER, SECTION 813,
ENTITLED "POWERS AND DUTIES" BE AMENDED TO
ELIMINATE THE POWER TO PRESCRIBE THE
FUNCTIONS OF ALL DEPARTMENTS, AND THE
DUTIES, AUTHORITIES AND RESPONSIBILITIES OF
DEPARTMENT HEADS, TO INCREASE THE CITY
MANAGER'S SPENDING AUTHORIZATION WITHOUT
CITY COMMISSION APPROVAL FROM $1,000 TO
$5,000 AND TO REQUIRE COMPETITIVE CONDITIONS
FOR ALL EXPENDITURES EXCEPT FOR THE
PURCHASE OF LEGAL AND EXPERT WITNESS
SERVICES.
Page 11 of 22
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. III. The City Manager.
Section 5. Powers and Duties.
The City Manager shall ...
E. Direct and supervise the administration of all departments,
offices and agencies of the City, except as otherwise provided by
this Charter or by Iaw; pwsGr;ho tho F„„ntin „o of nll !ln „o,- I,v,o „tc n „A
tho ,l„t;oo author-W iiog of th dop-44vt4t beadg.
H. Contract for the purchase of at;y s>4ppkos, — ta4a4o;ials,
@qaipi4o goods or services for any department of the City in an
amount up to and including 04;e :Lhousaad x$4-7 5,000.004— �
to —do -se. All contracts for goods and services in excess of $4
5,000.00 shall be approved by the City Commission. The City
Manager shall report all expenditures to the City Commission
All purchases of s„„„iios oqui „„,o „t &,gd rv,ntnr;nlo f r tug G43
go ,or„mo„t i„ @xczygs ..F /l „o Thn„oo „A Dollars r e l nnn nm shall
be approved by thn City r„r„„,issi„„ after competitive conditions
shall have been maintained and competitive bids sought from at least
three different sources of supply, if available, such determination to
be made by the Commission. Notwithstanding the foregoing, the
City may make purchases through other governmental agencies w4ae
that have followed similar bidding procedures. This subsection does
not apply to the purchase of legal and expert services that have been
approved by the City Commission.
Section 12. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 12: BUDGET AND ADMINISTRATION
Page 12 of 22
SHALL ARTICLE IV, FINANCE, SECTIONS 21),
ENTITLED "BUDGET- ADOPTION" AND 4E, ENTITLED
"ADMINISTRATION - AUDIT," BE AMENDED TO
PROVIDE THAT THE BUDGET SHALL BE ADOPTED
BEFORE THE FIRST DAY OF THE NEW FISCAL YEAR,
AND REQUIRE THAT ANNUAL INDEPENDENT
AUDITS BE PERFORMED IN ACCORDANCE WITH
GENERALLY ACCEPTED AUDITING STANDARDS.
YES _
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. IV. Finance.
Section 2. Budget.
D. Adoption. The budget shall be adopted by three (3} affirmative
votes of the City Commission i of late . +h" ton n m da ,s „,a,, , ++ w
big before the first day of the new fiscal year. Should the
Commission take no final action on or prior to said the date, the
budget, as submitted, shall be deemed to have been finally adopted
by the commission, provided that if the provision for funds in any
department or departments exceeds tA»,10 %4 of the
previous year's budget, then as to that department or departments the
commmission shall be deemed to have approved the previous year's
budget.
Section 4. Administration.
E. Audit. 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 e4d s -o€
financial transactions by the City govomqw , and shall submit such
report, together with big or. W recommendations for improving
fiscal control, to the Commission and to the City Manager. 4W44 The
accountant shall have no personal interest, direct or indirect, in the
fiscal affairs of the City government or any of its officers. uo or 4
The accountant shall not maintain any accounts or records of the
Page 13 of 22
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 Certified Public Accountant shall not serve as the city's
independent auditor for more than three consecutive years.
Section 13. The following question shall be submitted to the electors of
the City of South Miami at the next general election:
Title: QUESTION 13: BONDS
SHALL ARTICLE IV, SECTION 3C ENTITLED "BONDS"
BE AMENDED TO STATE THAT BONDS,
CERTIFICATES OF INDEBTEDNESS AND TAX
ANTICIPATION CERTIFICATES SHALL BE APPROVED
AS PROVIDED BY THE FLORIDA CONSTITUTION.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. IV. Finance.
Section 3. Revenues.
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 maturinu more
than twelve months after issuance only to finance or refinance
tet�s cask Voter referendum approval for bonds and other forms
of indebtedness shall be as provided by the Florida constitution.
Section 14. The following question shall be submitted to the electors of
the City of South Miaini at the next general election:
Title: QUESTION 14: MULTI - ANNUAL CONTRACTS
Page 14 of 22
SHALL ARTICLE IV, SECTION 4D ENTITLED "MULTI -
ANNUAL CONTRACTS" BE AMENDED TO INCREASE
THE LIMITATION ON FINANCING CONTRACTS FROM
4 TO 5 YEARS.
YES _
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. IV. Finance.
Section 4. 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
more than 4 five years, nor shall any such contract be valid unless
made or approved by ordinance. It nwarr be ,,,.,ad at ^M. oi4 t The
Commission shall to p;:P;id budget and appropriate funds in each
succeeding budget for contracts extending more than one year as
�Pai4dPOS Tprov . Pro; :4 This section shall not restrict the
tern of General Obligation or Revenue Bonds.
Section 15. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 15: PERFORMANCE -BASED AUDIT
SHALL ARTICLE IV, FINANCE, SECTION 4F,
ENTITLED "ADMINISTRATION-PERFORMANCE-
BASED AUDIT," BE CREATED TO REQUIRE A
PERFORMANCE -BASED AUDIT OF EACH
DEPARTMENT AT LEAST ONCE EVERY FIVE YEARS.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. IV. Finance.
Page 15 of 22
Section 4.F. Performance -based audit.
The city commission shall require a
each department at least once every fh
audit for
Section 16. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 16: CANDIDATES
SHALL ARTICLE V, ELECTIONS, SECTIONS 1B,
ENTITLED "CANDIDATES- QUALIFICATIONS," AND
2C, ENTITLED "GENERAL ELECTIONS - UNOPPOSED
CANDIDATES," BE AMENDED TO PROVIDE CLARIFY
THE RESIDENCY REQUIREMENT, TO PROVIDE FOR
WAIVER OF THE ELECTION ASSESSMENT AND
QUALIFYING FEE, TO AMEND THE CANDIDATES
OATH AND TO PROVIDE THAT UNOPPOSED
CANDIDATES SHALL REMAIN ON THE BALLOT AND
THEIR VOTES WILL BE COUNTED.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. V. Elections.
Section 1. Qualifications.
B. Candidates.
(1) Exhibited to the Clerk proof that he or she is a 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 year immediately before the date of the election it; uLbiGh
ho or, she is seeking nlnn4inr
Page 16 of 22
(2) Rid a graaIi€34AAg r of $! nn to the City . Each person
seeking 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.
(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- 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
expenditures, if any incurred, prior to the time of qualifying and
since the last preceding general election.
Signature of Candidate
Page 17 of 22
Address
Signature and Title of person administering oath
Section 2. General Elections.
C. Unopposed candidates. The names of all
candidates shall be placed on the ballot. The votes fo
candidates shall be counted and published.
Section 17. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 17: RECALL
SHALL ARTICLE V, ELECTIONS, SECTION 7
ENTITLED "RECALL," BE AMENDED TO PROVIDE
THAT RECALL SHALL BE CONDUCTED AS
PROVIDED BY STATE LAW.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. V. Elections.
Section 7. Recall.
(u' ue @all n °t;t;^ A commission member may be recalled as
provided by state law. The oa rygall potiti^no rball b
idoatical *44h that f r n niti. o;^ , or f r @Warcr p@44ioa; ^ °rat tha4
Page 18 of 22
Section 18. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 18: CONFLICT OF INTEREST
SHALL ARTICLE VI, GENERAL PROVISIONS,
SECTION I ENTITLED "CONFLICT OF INTEREST" BE
AMENDED TO CLARIFY THAT THE CITY'S
ORDINANCE SHALL STANDARDS OF CONDUCT AT
LEAST EQUAL TO CONDUCT REQUIRED IN ALL
STATE STATUTES AND TO PROHIBIT
COMMISSIONERS FROM SERVING AS VOTING
MEMBERS ON BOARDS.
NICK,
Page 19 of 22
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. VI. General Provisions.
Section 1. Conflict of Interest.
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 of
tho State of 91epida &Rd,— R40r@ SPgeif4ra115"— d @powd— as- 4i„t4da
ctat40g 112-311 th4-eugh .113 319, iAr1448i ;,@, a4d ghajl 44#her- got
C04h dw „°„°rti" for vioj °t:^„ th@ro ^f and the Miami -Dade County
code. A commission member may not serve as a voting member of
any board that reports to the commission.
Section 19. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 19. BONDING
SHALL ARTICLE VI, GENERAL PROVISIONS,
SECTION 2 ENTITLED "BONDING" BE AMENDED TO
REQUIRE THAT ALL EMPLOYEES WHO HANDLE
MONEY TO BE BONDED.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. VI. General Provisions.
Section 2. Bonding.
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 annroved by the commission. T-lag
Page 20 of 22
The premiums on sash bonds of officers and employees of the city
shall be paid by the city.
Section 20. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 20: FRANCHISE
SHALL ARTICLE VI, GENERAL PROVISIONS,
SECTION 5 ENTITLED "FRANCHISE" BE AMENDED
TO EXTEND THE PERIOD OF TIME FROM 30 TO 50
YEARS THAT THE CITY CAN LEASE PROPERTY AND
TO CLARIFY THE CITY'S CONTROL OVER
SUBSEQUENT TRANSFERS OF RIGHTS TO USE CITY
PROPERTY.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. VI. General Provisions.
Section 5. Franchise.
No ordinance granting 3 or renewing e; Wasi the right to use the
real property or an
interest in the real property of the City of South Miami to any
person „A„s^„s r,,..,, or Q @;po 4@ shall be sew .a -1 effective
;" ° ^° .,,a° „„ loss tho game i until passed by a vote of 4/5 of all
members of the Commission and no sash grant ; or renewal sr —lsago
shall be for a longer period than rh;;ty (3Q) 50 years_ aWx No sash
grant 3 or renewal es lsass of the right to use the, stwots ot7a.,o
pubkG ^ ^ 4 ^a° ^r h,,a4igg° real property or an interest in the real
tnrovertv of the Citv, of a mort2aee or other encumbrance on the
property, or a cnange in ownership or control of an artificial person
with which the city has entered in a contract shall be transferable
except with the approval of an ordinance by 4/5 of the Commission
Copies of all transfers, apA mortgages,
encumbrances, changes in ownership or control, or other documents
affecting the title or use of the
Page 21 of 22
rp operty shall be filed with the City Manager within teia-4104 days
after notice is published in a newspaper of tho general circulation in
the City of South Miami once a week for at least two consecutive
weeks, not less than 14 days prior to &wh the meeting -, 4o#Go4hat at
which the Commission will consider the W 098444
Section 21. Upon adoption of one or more of the foregoing amendments
to the Charter at the next general elections, all conflicting provisions of the Charter
and the Code of Ordinances shall be repealed.
Section 22. This Resolution shall become effective immediately upon
adoption and amendments to the Charter shall become effective prospectively after
approval by the electors at the next general election.
PASSED AND ADOPTED this 16th day of November , 1999.
ATTEST:
zee�4tx� � -
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
5 -0
Mayor Robaina:
Yea
Vice Mayor Russell:
Yea
Commissioner Feliu:
Yea
Commissioner Bethel:
Yea
Commissioner Bass:
Yea
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