11/1
1 ORDINANCE NO. _____ _
2
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.
6
7 WHEREAS, many ordinances and some resolutions require two readings with a public
8 hearing at the second reading; and
9
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
13
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
16
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
20
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
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. Section 20-6.1, (A) City Commission, is hereby amended to read as follows:.
29 (3) Procedures.
30 (a) Voting. ~~~~~~~~~~
31
32 reading by a majority vote.
33 i. Except for those items listed in (ii) and (iii) below, not less than
34 three (3) affirmative votes of the city commission shall be required to
35 apprO'fe pass or enact an agenda items.
36 ii. With the exception set forth below in (iii). four (4) affirmative
37 votes of the city commission shall be required te for final approveal of a
38 change to the adopted Comprehensive Plan, a rezoning .. vhen a properly
39 vvritten protest is filed, a variance, a special use, a special exception, or a
40 planned unit development.
41 111. Five (5) affirmative votes ofthe city commission shall be required
42 to enact an amendment to land use and development regulations in any
43 manner to make them less restrictive.
44
45
46 Section 2. Codification. The provisions of this ordinance shall become and be made
47 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
Page 1 of 1
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.
3
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.
7
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.
16
17 Section 5. Effective Date. This ordinance shall become effective upon enactment.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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
Page 2 of 1
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
MIAMI HERALD MiamiHerald.com
'=~~l ~~".j ~~
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hearing(s) at its regular City Commission meeting scheduled for
Thcsclay. October 21, 2014 beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
An Ordinance of the City of South Miami, Florida, authorizing a Franchise Agreement
with Miami-Dade County to provide County Solid Waste Management Services.
An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" of the
City of South Miami's Code of Ordinances.
(
An Ordinance amending 20-6.1 (A)(3 lea) (i), (ii) and (iii) of the land development)
code to reduce the number of votes required to pass, on first reading, ordinances and
resolutions that require two readings.
ALL interested parties arc invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305~663·6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0lO5, the City hereby advises the public that if a person decides to appeal any decision
made by this Board Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will
need a record of the proceedings, and that for such purpose. affected person may need to ensure that a verbatim record of the
pruceedings is made which record indudes the testimony <lnd evidence llpon which the appeaJ is to be based.
y/ Gentle & Quality Care
.,/ Extended Hours
y/ Insurances Accepted
y/ Financing Available
,; Multilingual Staff
.,/ Sedation Available
nn-House Specialists
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -OCTOBER 21,2014
in the XXXX Court,
was published in said newspaper in the issues of
10/10/2014
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida,for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither aid nor r' erson, firm or corporation
an unt, reba , om . 'on or ref d for the purpose
securing this vertisement fo ublic ion in the said
newspaper.
2014
(SEAL)
MARIA MESA personally known to me
O. V. FERBEYRE
Notary Public -State of Florida
My Comm. Expires Jul 9, 2018
Commission # FF 102621