Charter_Workshop_Stoddard 1 of 2
Memorandum
18 June 2014
From: Philip Stoddard, Mayor
To: City Commission
Re: Proposed Charter changes for the Nov 2014 election
To include charter changes on the November ballot, we will have to approve final ballot
language by the final July Commission meeting. To make that schedule the City
Commission will need to reach consensus on which changes we want to bring forward as
ballot items to be approved by resolution in July. That is the goal of the coming Charter
workshop.
In 2013, the Charter Review Committee, working with their attorneys, assembled three
packages of proposed changes to the City Charter in Feb 2014. The voters approved a
package identified as “minor changes”, while rejecting a change in voting date and a
package referred to as “substantial changes”. I believe that too many changes were
bundled in the single package of “substantial changes” without adequate explanation.
My goal over the past month has been to understand and better explain these proposed
changes, and to organize and present these changes in a way a voter can understand.
The attached documents include the Charter as amended by the voters in Feb 2014, with
most of the proposed “Substantial Changes” indicated with strikethrough and underline.
In the margin adjacent to each proposed change, I have included a note describing the
legislative intent of each proposed change, which I was able to do with assistance of the
former Charter Review Committee chair Dan McCrea. I have numbered these proposed
changes by increments of ten (#10, #20, #30, etc.) to allow additional numbered items to
be inserted by the Commission. I have included two further changes to the package put
forth by the Charter Review Committee last year:
i. Giving the Commission latitude to set the number of required commission
meetings.
ii. Placing authority to raise or lower the City Manager’s spending cap with the City
Commission rather than setting hard numbers in the Charter itself.
We can have three ballot items, or at most four. I have proposed bundling the proposed
Charter changes into three ballot items based on natural categories and created a
summary table to make it easier for us to review and modify grouping of the proposed
changes:
(1) Items that improve governance, many based on adherence to common standards
of the Council-Manager form of government proscribed in the Charter.
(2) Items that provide more financial flexibility while maintaining oversight by the
City Commission.
(3) Language changes that make the Charter easier to understand without changing
function or intent, or which bring the Charter into compliance with recent
changes in state law.
2 of 2
Draft ballot language might be as follows:
Item 1. Strengthening Governmental Standards
Shall the City Charter be amended to better adhere to conventional standards for
municipal government, in particular restoring balance of power between City
Commission and City Manager that is standard under the Council-Manager form of
government?
Item 2. Increase Financial Flexibility with Commission Oversight
Shall the City Charter be amended to increases financial flexibility to improve
auditing and facilitate responsiveness to changing conditions and emergencies while
maintaining Commission authority over the Administration?
Item 3. Simplify language and eliminate obsolete language
Shall the City Charter be amended to eliminate or correct language made obsolete
by state law or previous charter changes, and to simplify or clarify existing Charter
language without change in function or intent?
Other than the groupings and language suggested here, I have not proposed a mechanism
for better informing the voters what they are voting on – we probably need one. The
charter is about 40 pages, and it’s awkward and expensive to distribute a thick booklet to
every voter. We could put the proposed changes on the web and distribute to every voter
a short summary page including an Internet link. While we can provide unbiased
information to voters, state law prohibits spending government money to promote a ballot
item. Think about our options.
KEY
Group Description
1 Governance standards.
Items denoted with asterisk (*) restore balance of
power between Commission and City Manager that
is standard under the Council Manager form of
government.
2 Financial flexibility.
Increases financial flexibility to increase
responsiveness to changing conditions and
emergencies.
3 Language simplification & clarification.
Eliminates or corrects language made obsolete by
state law or previous charter changes.
Items denoted with asterisk (*) simplify or clarify
existing Charter language without change in
function or intent.
No.Charter Section Group Description
10 Regular meetings 1 Allows Commission to set frequency of regular
meetings by ordinance in accordance with State
law, for instance twice a month except in July.
20 Emergency ordinances 2 Better permits the Commission to respond to an
emergency affecting life, safety, health, property,
or the public peace if one or more members is out
of town.
30 City Attorney 1 Requires prior municipal experience of new city
attorneys.
40 Boards and Committees 3 Eliminates language made redundant by section B
in Feb 2014 Charter change.
50 Investigations 1*Directs investigations through the City Manager.
Resolves prior contradition in Charter by reinforcing
division between policy and operations established
in the Charter.
60 City Manager Removal 3 Simplifies language on removal of City Manager
with no change in powers.
70 Acting City Manager 3 Simplifies language on appointment of Acting City
Manager with no change in powers.
80 CM Powers & Duties 3 Eliminates Section E made redundant by Feb 2014
Charter change.
90 CM Powers & Duties 2 Revises Section H to give the Commission authority
to adjust the Manager's spending cap up or down.
Clarifies procurement bid process.
100 Public Hearings 3 Eliminates language on public hearings superceded
by state law.
110 Adjustments 3 Eliminates language on budget adjustments
superceded by state law.
120 Adoption 1*Current language gives City Manager sole authority
to create a budget if the Commission doesn’t pass
his proposed budget. New language uses previous
budget passed by Commission in the event of
budget impass.
130 Transfer of appropriation 2 Grants City Manager authority to reallocate funds
WITHIN a department only. Permits City Manager
to adjust more quickly for financial consequences of
change in costs or Commission priorities.
140 Emergency appropriation 2 Affords the City authority to finance response to a
disaster such as a hurricane or flood. Requires
agreement of the Commission and City Manager.
150 Audit 1 Extends possible duration of auditor contract.
Better affords auditors sufficient time to understand
the nuances of the City. Increases likelihood that
auditors will catch actual issues if they exist, while
still giving the City the opportunity to replace the
auditors if they don't perform as expected.
160 Elections - section 1 3 Eliminates language pertaining to elections that is
already superceded by state law.
170 Elections - tie vote procedure 1 Although a tie vote has never happened in South
Miami, this change would save money and time in
the unlikely event of a tie by replacing run-off with
coinflip. Thirty day delay for a runoff is time-
consuming, and elections are expensive.
180 Elections - Canvassing Board 3 Makes terminology, composition, and authority of
election canvassing board consistent with state law,
and eliminates inherent conflict of interest from
candidates serving on the canvassing board.
190 Elections - Installation 1 Requires certification of the vote prior to swearing
in of candidates to prevent installation of a
candidate who has not officially won election.
200 Initiative and Referendum 3 Language on citizen initiatives and referendums
changed to follow state law, and simplified to make
it more comprehensible.
210 Autonomy 1*Current Charter language permits one elected
official to independently interfere in matters under
the City Manager's sole authority estalished in
Article III, Section 5. New language restores
consistency by protecting authority of the City
Manager while preserving the role of the
Commission as a body to maintain oversight of the
City Manager.
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
1
of
41
CITY
OF
SOUTH
MIAMI
CHARTER
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
2
of
41
TABLE
OF
CONTENTS
PREAMBLE
TO
THE
CHARTER
FOR
THE
CITY
OF
SOUTH
MIAMI.........................................................4
MIAMI-‐DADE
COUNTY’S
CITIZENS’
BILL
OF
RIGHTS ...........................................................................4
ARTICLE
I
AUTHORITY
AND
FORM
OF
GOVERNMENT .......................................................................7
SECTION
1.
Name ........................................................................................................................7
SECTION
2.
Existence ..................................................................................................................7
SECTION
3.
Boundaries ...............................................................................................................7
SECTION
4.
Form
of
Government ................................................................................................7
SECTION
5.
Authority ..................................................................................................................7
ARTICLE
II
CITY
COMMISSION ............................................................................................................8
SECTION
1.
Composition .............................................................................................................8
SECTION
2.
Mayor .......................................................................................................................8
SECTION
3.
Compensation ..........................................................................................................8
SECTION
4.
Vacancies .................................................................................................................8
SECTION
5.
Meetings ................................................................................................................10
SECTION
6.
Ordinances .............................................................................................................10
SECTION
7.
Officers ...................................................................................................................13
SECTION
8.
Boards
and
Committees .........................................................................................14
SECTION
9.
Investigations .........................................................................................................15
SECTION
10.
Civil
Service/Merit
System ..................................................................................15
SECTION
11.
Departments .......................................................................................................16
ARTICLE
III
THE
CITY
MANAGER .......................................................................................................17
SECTION
1.
Appointment ..........................................................................................................17
SECTION
2.
Qualifications .........................................................................................................17
SECTION
3.
Removal .................................................................................................................17
SECTION
4.
Acting
City
Manager ..............................................................................................17
SECTION
5.
Powers
and
Duties..................................................................................................18
ARTICLE
IV
FINANCE ........................................................................................................................20
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
3
of
41
SECTION
1.
Fiscal
Year ..............................................................................................................20
SECTION
2.
Budget ....................................................................................................................20
SECTION
3.
Revenues ................................................................................................................21
SECTION
4.
Administration .......................................................................................................21
ARTICLE
V
ELECTIONS ......................................................................................................................23
SECTION
1.
Qualifications .........................................................................................................23
SECTION
2.
General
Elections....................................................................................................24
SECTION
3.
Special
Elections .....................................................................................................25
SECTION
4.
Runoff
Elections......................................................................................................25
SECTION
5.
Procedures .............................................................................................................25
SECTION
6.
Initiative
and
Referendum......................................................................................26
ARTICLE
VI
GENERAL
PROVISIONS ...................................................................................................32
SECTION
1.
Conflict
of
Interest ..................................................................................................32
SECTION
2.
Bonding ..................................................................................................................32
SECTION
3.
Publication
Requirement ........................................................................................32
SECTION
4.
Franchise ................................................................................................................32
SECTION
5.
Powers
of
the
City ..................................................................................................34
SECTION
6.
Autonomy...............................................................................................................34
SECTION
7.
Amendments ..........................................................................................................35
SECTION
8.
Ratification .............................................................................................................35
SECTION
9.
Invalidity.................................................................................................................35
SECTION
10.
Acceptance .........................................................................................................35
SECTION
11.
Repeal .................................................................................................................35
SECTION
12.
Transition............................................................................................................36
Schedule
(A)
Boundaries .................................................................................................................37
(Amended
2/11/14)
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
4
of
41
PREAMBLE
TO
THE
CHARTER
FOR
THE
CITY
OF
SOUTH
MIAMI
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
to
provide
a
municipal
government
to
serve
our
present
and
future
needs,
and
recognizing
that
the
City
exists
for
the
purpose
of
providing
for
the
health,
happiness,
education,
safety
and
welfare
of
it
citizenry,
do
hereby
adopt
this
Charter.
The
City
Commission
and
all
of
its
boards,
committees
and
employees
shall
at
all
times
conduct
themselves
in
accordance
with
common
courtesy
and
consistent
with
the
Code
of
Ethics
of
the
State
of
Florida
and
Miami-‐Dade
County.
(Amended
2/11/14)
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
municipal
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
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
5
of
41
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.
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
council
or
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
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
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
6
of
41
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.
(A) 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.
(B)
Remedies
for
violations.
In
any
suit
by
a
citizen
alleging
a
violation
of
this
article
filed
with
the
Miami-‐Dade
Commission
on
Ethics
and
Public
Trust,
the
charging
party,
if
successful,
shall
be
entitled
to
recover
costs
as
fixed
by
the
court.
Any
public
official
or
employee
who
is
found
by
the
Commission
to
have
willfully
violated
this
article
shall
forthwith
forfeit
his
office
or
employment.
(Amended
2/11/24)
(C)
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
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
7
of
41
CHARTER
CITY
OF
SOUTH
MIAMI
ARTICLE
I
AUTHORITY
AND
FORM
OF
GOVERNMENT
SECTION
1. Name
The
present
municipal
government
existing
under
the
name
"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
is
attached
to
the
end
of
this
Charter
as
Schedule
(A)
(Amended
2/8/00)
SECTION
4. Form
of
Government
This
City
shall
have
a
Commission-‐Manager
government.
SECTION
5. Authority
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.
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
8
of
41
ARTICLE
II
CITY
COMMISSION
SECTION
1. Composition
The
Commission
shall
consist
of
a
Mayor
and
four
Commissioners.
SECTION
2. Mayor
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
Art.V,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)
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
9
of
41
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
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
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
10
of
41
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
public
with
the
exception
of
properly
called
Executive
Session
meetings.
(Amended
2/11/14)
B. Special
Meetings.
Special
meetings
may
be
held
upon
call
by
the
Mayor
or
three
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
pursuant
to
state
law
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.
Four
members
of
the
Commission
shall
constitute
a
quorum
for
a
regular
meeting
and
three
members
shall
constitute
a
quorum
for
a
special
meeting.
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.
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
11
of
41
(4) Grant,
renew
or
extend
a
franchise
and
regulate
public
utilities
service
rates.
(5) Authorize
borrowing
of
money.
(Amended
2/11/14)
(6) Convey
or
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)
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.
A
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.
(Amended
2/11/14)
(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,
every
adopted
ordinance
shall
become
effective
upon
execution
or
any
other
date
specified
therein.
(Amended
2/11/14)
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
12
of
41
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. 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
To
grant,
renew
or
amend
any
lease
or
franchises
To
transfer
title
to
property
To
appropriate
or
expend
non-‐budgeted
funds
To
approve
an
initiatory
ordinance
pursuant
to
Article
V
Except
as
otherwise
provided
in
this
charter,
five
affirmative
votes
of
the
city
commission
shall
be
required
to
approve
the
actions
indicated
below:
To
amend
land
use
and
development
regulations
in
any
manner
to
make
them
less
restrictive.
To
issue
bonds
or
borrow
money
in
excess
of
five
percent
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
four
a
majority
of
members
present
shall
be
required
for
the
adoption
of
an
emergency
ordinance.
After
its
adoption,
the
ordinance
shall
be
published
as
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
13
of
41
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.
(Amended
2/8/00)
SECTION
7. Officers
A. Appointments.
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
Attorney
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
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;;
and
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)
(Amended
2/11/14)
B. Compensation
The
salaries
and
expense
accounts
of
all
officers
shall
be
prescribed
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
14
of
41
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.
Appointments
When
a
Board
or
Committee
is
comprised
of
five
members,
each
City
Commissioner
shall
appoint
one
person
to
serve
as
a
representative
on
the
Board
or
Committee.
When
there
are
more
than
five
(5)
members
on
a
Board
or
Committee,
each
City
Commissioner
shall
appoint
one
person
to
serve
as
a
representative
on
the
Board
or
Committee,
and
all
members
of
such
Board
or
Committee
in
excess
of
five
(5)
shall
be
appointed
by
three
(3)
affirmative
votes
of
the
City
Commission
based
on
recommendations
submitted
by
any
City
Commissioner.
When
a
Board
or
Committee
has
less
than
five
(5)
members,
then
the
selection
of
all
members
shall
be
by
three
(3)
affirmative
votes
of
the
City
Commission
from
recommendations
submitted
by
any
City
Commissioner.
(Amended
2-‐09-‐10)
B.
Ordinance
Provisions
For
any
Board
or
Committee
hereinafter
established
by
ordinance
or
resolution,
the
Commission,
shall
provide
for
the
following:
(Amended
2/11/14)
(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)
(Amended
2/11/14)
C.
Planning
Board
There
shall
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
provisions:
(Amended
2/11/14)
1.
The
Planning
Board
shall
be
a
continuous
body
and
shall
be
composed
of
seven
(7)
members.
The
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,
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
15
of
41
locations
and
use
of
all
structures
on
any
valid
appointment
submitted
to
it.
(Amended
2/11/14)
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
Commission
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,
rehabilitation,
conservation
or
renewal
shall
not
be
adopted
by
the
City
Commission
until
a
public
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
representative(s)
or
representatives
may
investigate
make
investigation
into
the
affairs
of
this
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.
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
16
of
41
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
duties,
authorities
and
responsibilities
of
the
department
heads.
(Amended
2/8/00)
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
17
of
41
ARTICLE
III
THE
CITY
MANAGER
SECTION
1. Appointment
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.
SECTION
3. Removal
The
City
Commission
may
remove
the
City
Manager
from
office
by
affirmative
vote
of
a
majority
of
the
full
commission
all
of
its
members,
with
or
without
cause.
If
his
or
her
removal
is
without
cause,
the
City
Manager
shall
receive
his
or
her
salary
for
thirty
(30)
days
immediately
following
the
adoption
of
the
resolution
removing
him
or
her
from
office.
The
City
Manager,
after
ninety
(90)
days
of
continuous
absence
shall
be
removed
from
office.
SECTION
4. Acting
City
Manager
The
City
Manager,
in
the
event
of
a
temporary
absence
or
disability,
may
appoint
an
Acting
City
Manager
for
up
to
90
days
in
a
calendar
year.
The
City
Commission
shall,
by
a
majority
vote
of
the
full
Commission,
appoint
an
Acting
City
Manager
when
the
City
Manager
is
physically
or
legally
incapable
of
making
this
election
or
when
the
City
Commission
does
not
approve
of
the
City
Manager’s
selection.
A.
Recommendation
The
Manager
may
recommend,
by
letter
filed
with
the
City
Clerk,
subject
to
the
approval
of
the
Commission,
a
qualified
City
administrative
officer
to
exercise
the
powers
and
perform
the
duties
of
the
Manager
during
any
temporary
absence
or
disability.
Such
acting
City
Manager
shall
not
serve
for
a
period
longer
than
90
days.
During
such
absence
or
disability,
the
Commission
may
decline
such
recommendation
at
any
time
and
appoint
another
officer
of
the
City
to
serve
until
the
Manager
shall
return
or
his
disability
shall
cease.
B.
Failure
to
Recommend
During
such
absence
or
disability
as
set
forth
in
(A),
if
the
City
Manager
fails
to
recommend
an
Acting
City
Manager,
the
Commission
shall
name
an
Acting
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
18
of
41
Manager
to
serve
at
the
pleasure
of
the
Commission.
SECTION
5. Powers
and
Duties
The
City
Manager
shall
be
the
chief
executive
officer
and
head
of
the
administrative
branch
of
the
City
government.
He
or
she
shall
be
responsible
for
the
proper
administration
of
all
affairs
of
the
City.
He
or
she
shall
have
the
following
powers
and
duties
to:
(Amended
2/11/14)
A.
Appoint
and,
when
necessary
for
the
good
of
the
City,
remove
any
non-‐elective
officers
or
employees
of
the
City
(excepting
those
authorized
to
be
appointed
and
removed
by
the
City
Commission),
providing
such
removal
is
legally
permissible.
However,
the
City
Manager
may
not
appoint
any
department
director
without
first
obtaining
the
consent
of
a
majority
of
the
members
of
City
Commission
at
a
duly
noticed
City
Commission
meeting.
Procedures
for
presentation
of
the
Manager’s
candidates
to
the
City
Commission
may
be
specified
by
ordinance.
(Amended
11/02/10)
(Amended
2/11/14)
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.
E.
Direct
and
supervise
the
administration
of
all
departments,
offices
and
agencies
of
the
City,
except
as
otherwise
provided
by
this
Charter
or
by
law.
(Amended
2/8/00)
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
in
an
amount
up
to
and
including
a
cap
of
($5,000.00
or
as
otherwise
set
by
ordinance.
All
contracts
for
goods
and
services
in
excess
of
that
cap
$5,000.00
shall
be
secured
by
a
competitive
bid
process
unless
waived
by
a
majority
of
the
Commission
upon
the
written
recommendation
of
the
City
Manager.
The
competitive
bid
process
of
another
political
subdivision
of
the
State
of
Florida,
or
the
State
of
Florida
itself,
may
be
relied
upon
to
the
extent
the
political
subdivision’s
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
19
of
41
bid
process
complies
with
any
internal
City
of
South
Miami
bid
procedures
and
is
otherwise
permitted
by
law.
approved
by
the
City
Commission.
The
City
Manager
shall
report
all
expenditures
to
the
City
Commission
monthly.
(Amended
2/8/00)
All
purchases
shall
be
approved
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,
and,
notwithstanding
the
foregoing,
the
City
may
make
purchases
through
other
governmental
agencies
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.
(Amended
2/8/00)
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
20
of
41
ARTICLE
IV
FINANCE
SECTION
1. Fiscal
Year
The
fiscal
year
of
the
City
of
South
Miami
shall
be
the
same
as
that
set
by
Miami-‐Dade
County
or
its
successors.
(Amended
2/11/14)
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.
(Amended
2/11/14)
B.
Public
Hearings
At
tThe
meeting
of
the
Commission
at
which
the
budget
and
budget
message
are
submitted
shall
be
held
in
accordance
with
State
law
as
may
be
amended
from
time
to
time.,
the
Commission
shall
determine
the
time
and
place
for
a
public
hearing
on
the
budget,
at
which
time,
interested
persons
shall
be
given
an
opportunity
to
be
heard.
The
City
Clerk
shall
post
a
notice
of
the
place
and
time
not
less
than
five
days
after
the
date
of
posting
at
which
time
the
Commission
will
hold
a
public
hearing.
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.
After
conclusion
of
such
public
hearings,
the
Commission
may
insert
new
items
or
may
increase,
decrease
or
delete
the
items
of
the
budget;
provided,
however,
if
the
total
of
proposed
expenditures
be
increased
thereby,
then
and
in
that
event,
the
City
Clerk
shall
post
a
notice
setting
forth
the
nature
of
the
proposed
increase
and
listing
a
place
and
time
not
less
than
five
days
after
the
date
of
posting
of
the
public
hearing
thereon.
D.
Adoption
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,
the
existing
adopted
budget
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
(10%)
of
the
previous
year's
budget,
then
as
to
that
department
or
departments
the
Commission
shall
be
deemed
to
have
approved
the
previous
year's
budget.
(Amended
2/8/00)
E.
Certification
A
copy
of
the
budget
as
finally
adopted
shall
be
certified
by
the
City
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
21
of
41
Manager
and
the
budget
so
certified
shall
be
filed
for
the
use
of
all
offices
and
departments.
F.
Modifications
(1)
Transfer
of
Appropriation
At
the
request
of
t
The
City
Manager,
the
Commission
may
at
any
time
transfer,
by
resolution,
any
unencumbered
appropriation
balance
or
portion
thereof
between
general
classification
of
expenditure
within
an
office
or
department.
At
the
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)
Emergency
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.
Such
notes
shall
not
constitute
a
general
obligation
nor
a
pledge
of
ad
Valorem
tax
revenues.
Notes
may
not
be
sold
at
less
than
par
and
accrued
interest
at
private
sale
without
previous
advertisement.
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.
B.
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
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
22
of
41
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
any
office
or
department
thereof,
and
deposit
all
fund
coming
into
his
or
her
custody
in
such
depositories
as
may
be
designated
by
Resolution
of
the
Commission.
(Amended
2/11/14)
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.
(Amended
2/11/14)
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
more
than
five
years,
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
2/14/06)
(Amended
2/11/14)
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
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
Certified
Public
Accountant
shall
not
serve
as
the
city’s
independent
auditor
for
more
than
six
three
consecutive
years.
(Amended
2/8/00)
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)
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
23
of
41
ARTICLE
V
ELECTIONS
SECTION
1. Qualifications
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
less
than
60
days
prior
to
a
duly
scheduled
election
has:
(Amended
2/11/14)
(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
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.
(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
Florida
Statutes;
that
he/she
has
not
violated
any
of
the
laws
of
the
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
24
of
41
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.
(Amended
2/11/14)
___________________________________
Signature
of
Candidate
___________________________________
Address
________________________________________________
Signature
and
Title
of
person
administering
oath
(4)
No
appointed
officer
or
employee
of
the
City
of
South
Miami,
shall
be
certified
for
nomination
of
any
elected
position
in
the
City
of
South
Miami.
(5)
Any
official
of
the
City
of
South
Miami
who
is
elected
or
appointed
to
any
office
and
qualifies
for
an
elective
office
outside
the
City
of
South
Miami
shall
forfeit
his
(her)
office
by
the
fact
of
such
qualification.
(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
A.
Time
General
elections
for
the
Commission
shall
be
held
during
February
of
each
even
year,
the
day,
place
and
time
to
be
set
by
ordinance,
at
which
time
the
Mayor
shall
be
elected
to
a
term
of
two
years
and
two
Commissioners
shall
be
elected
to
terms
of
four
years.
(See
Art.II,Sec.2)
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
25
of
41
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
placed
on
the
ballot.
The
votes
for
unopposed
candidates
shall
be
counted
and
published.
(Amended
2/8/00)
D.
Term
Limits
for
the
Mayor
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. Tie
Votes
Runoff
Elections
In
the
event
of
a
tie
vote,
the
winner
shall
be
decided
by
a
coin
toss.
runoff
elections
shall
be
held,
if
necessary,
within
thirty
(30)
days
from
the
date
of
the
canvass
of
the
votes
cast
at
the
regular
elections.
SECTION
5. Procedures
A.
Provisions
The
City
Commission
shall
provide,
by
ordinance,
for
the
procedures
of
elections
not
inconsistent
with
State
law.
(Amended
2/11/14)
B.
Canvassing
Board
Committee
When
a
county
canvassing
board
is
responsible
for
certifying
an
election
that
includes
a
City
election,
the
City
shall
defer
to
such
a
county
canvassing
board.
The
City
Canvassing
Board
shall
certify
a
City
election
in
all
other
circumstances.
Upon
the
closing
of
the
polls
and
the
casting
of
the
ballot
by
the
last
person
then
entitled
to
vote,
the
City
Canvassing
Board,
comprised
of
two
County
Court
judges
appointed
by
the
Chief
Judge
or
his
or
her
designee,
and
the
Miami-‐Dade
County
Supervisor
of
Elections
or
his
or
her
designee,
shall
publicly
tabulate
the
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
26
of
41
absentee
ballots,
record
the
results
of
the
election,
and
certify
the
results.
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
the
majority
of
the
Commission
and
the
City
Clerk,
shall
publicly
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
at
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
special
session
for
the
sole
purpose
of
receiving
the
certified
report
of
the
canvassing
board
responsible
for
certifying
the
election
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.
At
8:00
P.M.
on
the
day
following
any
City
election
in
the
City
of
South
Miami,
the
Commission
shall
meet
in
special
session
for
the
sole
purpose
of
receiving
the
certified
report
of
the
Canvassing
Committee
and
thereupon
the
installing
officer,
selected
by
the
duly
elected
incoming
Mayor,
shall
install
the
newly
elected
Mayor
and
Commission
members
after
they
shall
have
taken
the
prescribed
oath
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.
"I
solemnly
swear
(or
affirm)
that
I
will
support
the
constitution
and
will
obey
the
laws
of
the
United
States
and
of
the
State
of
Florida;
that
I
will,
in
all
respects,
observe
the
provisions
of
the
Charter
and
the
Ordinances
of
the
City
of
South
Miami
and
will
faithfully
discharge
the
duties
of
the
Office
of
“______________________".
SECTION
6. Initiative
and
Referendum
The
electors
of
the
City
shall
have
the
power
to
propose
to
the
City
Commission
passage
or
repeal
of
ordinances
and
to
vote
on
the
question
if
the
Board
refuses
action,
according
to
the
following
procedure:
1.
The
person
proposing
the
exercise
of
this
power
shall
submit
the
proposal,
including
proposed
ballot
language
to
the
City
Clerk
who
shall
without
delay
approve
as
to
form
a
petition
for
circulation
in
one
or
several
copies
as
the
proposer
may
desire.
A
public
hearing
shall
be
held
on
the
proposal
at
the
next
City
Commission
meeting
subsequent
to
the
date
the
Clerk
approves
the
petition
as
to
form.
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
27
of
41
2.
The
person
or
persons
circulating
the
petition
shall
obtain
the
valid
signatures
of
voters
in
the
City
in
accordance
with
state
law.
Each
signer
of
a
petition
shall
place
thereon,
after
his
name,
the
date,
and
his
place
of
residence
or
precinct
number.
Each
person
circulating
a
copy
of
the
petition
shall
attach
to
it
a
sworn
affidavit
stating
the
number
of
signers
and
the
fact
that
each
signature
was
made
in
the
presence
of
the
circulator
of
the
petition.
3.
The
signed
petition
shall
be
filed
with
the
Board,
which
shall
within
30
days
order
a
canvass
of
the
signatures
thereon
to
determine
the
sufficiency
of
the
signatures.
If
the
number
of
signatures
is
insufficient
or
the
petition
is
deficient
as
to
form
or
compliance
with
this
Section,
the
Board
shall
notify
the
person
filing
the
petition
that
the
petition
is
insufficient
and
has
failed.
4.
The
Board
may
within
30
days
after
the
date
a
sufficient
petition
is
presented
adopt
the
ordinance
as
submitted
in
an
initiatory
petition
or
repeal
the
ordinance
referred
to
by
a
referendary
petition.
If
the
Board
does
not
adopt
or
repeal
the
ordinance
as
provided
above,
then
the
proposal
shall
be
placed
on
the
ballot
without
further
action
of
the
Board.
5.
If
the
proposal
is
submitted
to
the
electors,
the
election
shall
be
held
either:
(a)
In
the
next
scheduled
City-‐wide
election,
or
(b)
If
the
petition
contains
the
valid
signatures
in
the
county
in
numbers
at
least
equal
to
eight
percent
of
the
registered
voters
in
the
City,
the
election
shall
take
place
on
the
first
Tuesday
after
120
days
from
certification
of
the
petition.
The
result
shall
be
determined
by
a
majority
vote
of
the
electors
voting
on
the
proposal.
6.
An
ordinance
proposed
by
initiatory
petition
or
the
repeal
of
an
ordinance
by
referendary
petition
shall
be
effective
on
the
day
after
the
election,
except
that:
(a)
Any
reduction
or
elimination
of
existing
revenue
or
any
increase
in
expenditures
not
provided
for
by
the
current
budget
or
by
existing
bond
issues
shall
not
take
effect
until
the
beginning
of
the
next
succeeding
fiscal
year;
and
(b)
Rights
accumulated
under
an
ordinance
between
the
time
a
certified
referendary
petition
against
the
ordinance
is
presented
to
the
Board
and
the
repeal
of
the
ordinance
by
the
voters,
shall
not
be
enforced
against
the
City;
and
(c)
Should
two
or
more
ordinances
adopted
at
the
same
election
have
conflicting
provisions,
the
one
receiving
the
highest
number
of
votes
shall
prevail
as
to
those
provisions.
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
28
of
41
7.
An
ordinance
adopted
by
the
electorate
through
initiatory
proceedings
shall
not
be
amended
or
repealed
by
the
Board
for
a
period
of
one
year
after
the
election
at
which
it
was
adopted,
but
thereafter
it
may
be
amended
or
repealed
like
any
other
ordinance.
A.
General
Authority
(1)
Initiative
The
qualified
voters
of
the
City
shall
have
power
to
propose
ordinances
to
the
Commission
and,
if
the
Commission
fails
to
adopt
an
ordinance
so
proposed
without
any
change
in
substance,
to
adopt
or
reject
it
at
a
City
election,
provided
that
such
power
shall
not
extend
to
the
budget
or
capital
program
or
any
ordinance
relating
to
appropriation
of
money,
levy
of
taxes
or
salaries
of
City
officers
or
employees.
(2)
Referendum
The
qualified
voters
of
the
City
shall
have
power
to
require
reconsideration
by
the
Commission
of
any
adopted
ordinance
and
if
the
Commission
fails
to
repeal
an
ordinance
so
reconsidered,
to
approve
or
reject
it
at
a
City
election,
provided
that
such
power
shall
not
extend
to
the
budget
or
capital
program
or
any
emergency
ordinance
or
ordinance
relating
to
appropriation
of
money
or
levy
of
taxes.
B.
Commencement
of
Proceedings,
Petitioners;
Committee;
Affidavit
A
minimum
of
100
qualified
votes
may
commence
initiative
or
referendum
proceedings
by
filing
with
the
City
Clerk
an
affidavit
stating
that
they
will
constitute
the
petitioners'
committee
and
be
responsible
for
circulating
the
petition
and
filing
it
in
proper
form,
stating
their
names
and
addresses
and
specifying
the
address
to
which
all
notices
to
the
Commission
are
to
be
sent
and
setting
out
in
full
the
proposed
initiative
ordinance
or
citing
the
ordinance
sought
to
be
reconsidered.
Promptly
after
the
affidavit
of
the
petitioners'
committee
is
filed,
the
City
Clerk
shall
issue
the
appropriate
petitionblanks
to
the
petitioners'
committee.
C.
Petitions
(1)
Number
of
signatures.
Initiative
and
referendum
petitions
must
be
signed
by
qualified
voters
of
the
City
equal
in
number
to
at
least
15%
of
the
total
number
of
qualified
voters
registered
to
vote
in
the
last
regular
City
election.
(2) Form
and
Content
All
papers
of
a
petition
shall
be
uniform
in
size
and
style
and
shall
be
assembled
as
one
instrument
for
filing.
Each
signature
shall
be
executed
in
ink
or
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
29
of
41
indelible
pencil
and
shall
be
followed
by
the
address
of
the
person
signing.
Petitions
shall
contain
or
have
attached
thereto
throughout
their
circulation
the
full
text
of
the
ordinance
proposed
or
sought
to
be
reconsidered.
(3)
Affidavit
of
Circulator
Each
paper
of
a
petition
shall
have
attached
to
it,
when
filed,
an
affidavit
executed
by
the
circulator
thereof,
stating
that
he
or
she
personally
circulated
the
paper,
the
number
of
signatures
thereon,
that
all
the
signatures
were
affixed
in
his
or
her
presence,
the
he
or
she
believes
them
to
be
the
genuine
signatures
of
the
persons
whose
names
they
purported
to
be
and
that
each
signer
had
an
opportunity
before
signing
to
read
the
full
text
of
the
ordinance
proposed
or
sought
to
be
reconsidered.
(4)
Time
for
Filing
Initiative
or
Referendum
Petitions.
Petitions
must
be
filed
within
thirty
(30)
days
after
the
Commission
has
failed
to
adopt
a
proposed
ordinance
or
failed
to
reconsider
an
adopted
ordinance
when
requested
to
do
so.
D.
Procedure
after
Filing.
(1)
Certificate
of
Clerk;
Amendment.
Within
ten
(10)
days
after
the
petition
is
filed,
the
City
Clerk
shall
complete
a
certificate
as
to
its
sufficiency,
specifying
if
it
is
insufficient,
the
particulars
wherein
it
is
defective
and
shall
promptly
send
a
copy
of
the
certificate
to
the
petitioners'
committee
by
registered
mail.
A
petition
certified
insufficient
for
lack
of
the
required
number
of
valid
signatures
may
be
amended
once
if
the
petitioners'
committee
files
a
notice
of
intention
to
amend
it
with
the
Clerk
within
two
days
after
receiving
the
copy
of
his
or
her
certificate,
and
files
a
supplementary
petition
upon
additional
papers
within
ten
(10)
days
after
receiving
the
copy
of
such
certificate.
Within
five
(5)
days
after
such
supplementary
petition
is
filed,
the
Clerk
shall
complete
a
certificate
as
to
the
sufficiency
of
the
petition
as
amended
and
promptly
send
a
copy
of
such
certificate
to
the
petitioners'
committee
by
registered
mail.
If
a
petition
or
amended
petition
is
certified
insufficient
and
the
petitioners'
committee
does
not
elect
to
amend
or
request
Commission
review
under
subsection
2,
below,
within
the
time
required,
the
Clerk
shall
promptly
present
his
or
her
certificate
to
the
Commission
and
the
certificate
shall
then
be
a
final
determination
as
to
the
insufficiency
of
the
petition.
(2)
Commission
Review
If
a
petition
has
been
certified
insufficient
and
the
petitioners'
committee
does
not
file
a
notice
of
intention
to
amend
it
or
if
an
amended
petition
has
been
certified
insufficient,
the
committee
may,
within
two
(2)
days,
after
receiving
the
copy
of
such
certificate,
file
a
request
that
it
be
reviewed
by
the
Commission.
The
Commission
shall
review
the
certificate
at
its
next
meeting
following
the
filing
of
such
request
and
approve
or
disapprove
it,
and
the
Commission's
determination
shall
then
be
a
final
determination
as
to
the
sufficiency
of
the
petition.
However,
the
Commission
shall
not
declare
a
petition
to
be
insufficient
unless
the
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
30
of
41
findings
of
the
City
Clerk
are
illegal
or
are
factually
in
error.
(E)
Referendum
Petitions;
Suspension
of
Effect
of
Ordinance.
When
a
referendum
petition
is
filed
with
the
City
Clerk,
the
ordinance
sought
to
be
reconsidered
shall
be
suspended
from
taking
effect.
Such
suspension
shall
terminate
when:
(1)
There
is
a
final
determination
of
insufficiency
of
the
petition;
or
(2)
The
petitions'
committee
withdraws
the
petition;
or
(3)
The
Commission
repeals
the
ordinance.
(F)
Actions
on
Petitions
(1)
Action
by
Commission
When
an
initiative
or
referendum
petition
has
been
finally
determined
sufficient,
the
Commission
shall
promptly
consider
the
proposed
initiative
ordinance
in
the
manner
provided
in
Article
II
or
reconsider
the
referred
ordinance
by
voting
its
repeal.
If
the
Commission
fails
to
take
action
on
a
proposed
initiative
ordinance
without
any
change
in
substance
within
thirty
(30)
days
or
fails
to
repeal
the
referred
ordinance
within
thirty
(30)
days
after
the
date
of
the
petition
was
finally
determined
sufficient,
it
shall
submit
the
proposed
or
referred
ordinance
to
the
voters
of
the
City.
(2)
Submission
to
Voters
Such
City
election
on
a
proposed
or
referred
ordinance
shall
be
held
not
less
than
thirty
(30)
days
and
not
later
than
seventy
five
(75)
days
from
the
date
of
the
final
Commission
vote
thereon.
If
no
regular
City
election
is
to
be
held
within
the
period
prescribed
in
this
subsection,
the
Commission
shall
provide
for
a
special
election
otherwise
the
vote
shall
be
held
at
the
same
time
as
such
regular
election.
Copies
of
the
proposed
or
referred
ordinance
shall
be
made
available
at
the
polls,
and
at
City
Hall
at
least
fifteen
(15)
days
prior
to
the
election
thereon.
(3)
Withdrawal
of
Petitions.
An
initiative
or
referendum
petition
may
be
withdrawn
at
any
time
prior
to
the
tenth
day
preceding
the
day
scheduled
for
a
vote
by
the
electors
by
filing
with
the
City
Clerk
a
request
for
withdrawal
signed
by
at
least
twenty
(20)
members
of
the
petitioners'
committee.
Upon
filing
such
request
the
petition
shall
have
no
further
force
or
effect
and
all
proceedings
thereon
shall
be
terminated.
(G)
Results
of
Election
(1)
If
15%
of
the
qualified
electors
vote
on
a
proposed
initiative
ordinance
and
a
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
31
of
41
majority
vote
in
its
favor,
it
shall
be
considered
adopted
upon
certification
of
the
election
results
and
shall
be
treated
in
all
respects
in
the
same
manner
as
ordinances
of
the
same
kind
adopted
by
the
Commission.
If
conflicting
ordinances
are
approved
at
the
same
election,
the
one
receiving
the
greatest
number
of
affirmative
votes
shall
prevail
to
the
extent
of
such
conflict.
(2)
If
15%
of
the
qualified
electors
vote
on
a
referred
ordinance
and
a
majority
vote
against
it,
it
shall
be
considered
repealed
on
certification
of
the
election
results.
(3)
An
ordinance
adopted
by
the
electorate
through
initiatory
proceedings
shall
not
be
amended
or
repealed
by
the
Commission
for
a
period
of
one
year
after
the
election
at
which
it
was
adopted
but
thereafter
it
may
be
amended
or
repealed
by
a
4/5
vote.
(4)
After
a
referendum
petition
has
been
filed,
if
the
Commission
repeals
the
ordinance
involved
before
the
petition
is
vote
on
by
the
electorate,
then
the
Commission
may
not
reconsider
such
ordinance
for
a
period
of
one
(1)
year
after
its
repeal.
(H)
Recall
A
Commission
member
may
be
recalled
as
provided
by
state
law.
(Amended
2/8/00)
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
32
of
41
ARTICLE
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
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. 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
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.
SECTION
4. Franchise
(A) Definitions:
(1)
The
word
“franchise”
shall
mean
all
contracts,
including
any
and
all
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.
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
33
of
41
(2)
The
word
“person”
shall
mean
any
individual,
legal
entity
or
any
other
entity,
legal
or
otherwise.
(3)
The
word
“newspaper
of
general
circulation”
shall
mean
a
newspaper
of
general
circulation
in
the
City
of
South
Miami.
(Amended
2/11/14)
(4)
The
word
“local
newspaper”
shall
mean
a
newspaper
distributed
in
the
City
of
South
Miami,
whether
free
to
its
readership
or
otherwise
available.
(B)
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
ordinance
unless
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
34
of
41
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
to
the
proposed
ordinance,
as
required
by
this
Section.
(Amended
2/14/12)
SECTION
5. Powers
of
the
City
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
6. Autonomy
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
request
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
violation
of
the
provisions
of
this
section.
Neither
the
Commission
nor
any
of
its
members
shall
direct
or
request
the
removal
of
any
person
from
office
by
the
City
Manager
or
by
any
of
his
or
her
subordinates,
or
in
any
manner
take
part
in
the
removal
of
officers
and
employees
in
the
administrative
service
of
the
City.
Except
for
the
purpose
of
inquiry
and
for
the
purpose
of
interviewing
any
candidate
for
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
35
of
41
department
director
prior
to
appointment
by
the
City
Manager
subject
to
the
City
Commission’s
approval,
the
Commission
and
its
members
shall
deal
with
the
administrative
service
solely
through
the
City
Manager
and
neither
the
Commission
nor
any
member
thereof
shall
give
orders
to
any
subordinates
of
the
City
Manager,
either
publicly
or
privately.
This
section
shall
not
apply
to
officers
appointed
under
Article
II,
Section
7
of
this
Charter.
(Amended
11/02/10)
SECTION
7. Amendments
This
Charter
may
be
altered
or
amended
at
any
time
as
provided
by
the
Home
Rule
Amendment
and
Charter
of
Metropolitan
Dade
County
or
as
provided
by
the
Florida
Statutes,
whichever
shall
prevail
and
be
in
effect.
SECTION
8. 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
9. 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
10. 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
11. Repeal
Any
and
all
special
acts
of
the
State
of
Florida
in
conflict
are
hereby
superseded.
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
36
of
41
SECTION
12. 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,
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.
Philip Stoddard
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
37
of
41
Schedule
(A)
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
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
38
of
41
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
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
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
39
of
41
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
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:
All
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
all
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
all
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.
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
40
of
41
ALSO
including
all
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
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,
Charter
of
The
City
of
South
Miam,
amended
11
Feb
2014
Proposed
Charter
Changes
for
Nov
2014
election
Page
41
of
41
#3370133 v2
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
STORMPROOF
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
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.