131 ORDINANCE NO. ______ _
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3 An Ordinance amending 20-6.1 (A)(3)(a) (i), (ii) and (iii) of the land
4 development code to reduce the number of votes required to pass, on first
5 reading, ordinances and resolutions that require two readings.
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7 WHEREAS, many ordinances and some resolutions require two readings with a public
8 hearing at the second reading; and
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10 WHEREAS, the City Charter and many ordinances require a super majority or five votes
11 for the enactment of some ordinances but do not specifically require that the ordinance be passed
12 on first reading with a super majority vote; and
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14 WHEREAS, the City Commission could benefit from public comments before an
15 ordinance is enacted and before it is rejected on first reading by the Commission; and
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17 WHEREAS, many times the City Commission is deprived of the benefit of public
18 comments because the ordinance dies at first reading, before the public is allowed to comment on
19 the proposed ordinance; and
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21 WHEREAS, there is no charter provision that prohibits the passage of an ordinance that
22 requires a super majority vote, on second reading, from being passed on first reading by a simple
23 majority vote; and
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25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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28 Section 1. Section 20-6.1, (A) City Commission, is hereby amended to read as follows:.
29 (3) Procedures.
30 (a) Voting. All ordinances and resolutions that require more than one reading
31 for passage or enactment shall be passed on first reading by a majority vote.
32 i. Except for those items listed in (ii) and (iii) below, not less than
33 three (3) affirmative votes of the city commission shall be required to
34 approve pass or enact an agenda items.
35 ii. With the exception set forth below in (iii)~ four (4) affirmative
36 votes of the city commission shall be required tB for final approveal of a
37 change to the adopted Comprehensive Plan, a rezoning when a properly
38 \vritten protest is filed, a variance, a special use, a special exception, or a
39 planned unit development.
40 111. Five (5) affirmative votes of the city commission shall be required
41 to enact an amendment to land use and development regulations in any
42 manner to make them less restrictive.
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45 Section 2. Codification. The provisions of this ordinance shall become and be made
46 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
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1 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
2 "ordinance" may be changed to "section" or other appropriate word.
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4 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
5 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
6 shall not affect the validity of the remaining portions of this ordinance.
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8 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
9 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
10 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
11 that give the appearance of being in conflict when the two ordinances can be harmonized or
12 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
13 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
14 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
15 to harmonize the two ordinances shall be repealed.
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17 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: