Ord. No. 04-97-1625ORDINANCE NO.4-97-16 25
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,RELATING TO ELECTIONS;AMENDING
SECTION 9-5(B)OF THE CODE OF ORDINANCES TO PROVIDE FOR
SCHEDULING GENERAL AND SPECIAL ELECTIONS BY RESOLUTION;
RATIFYING THE SCHEDULING OF A SPECIAL ELECTION FOR APRIL 8,
1997;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND
AN EFFECTIVE DATE.
WHEREAS,pursuanttoArticleII,Section4B,of theCityCharter,aspecialelection
must be held not lessthan45daysandnotmorethan60daysaftera vacancy exists when an
unexpiredterm exceeds 9months;and,
WHEREAS,pursuanttoArticleV,Section1B(1),of theCity Charter,theCityClerk
mustcertifythe candidates notmorethan42daysnorlessthan28daysbeforethescheduled
election;and,
WHEREAS,pursuanttoSection9-5(b)of theCode of Ordinances,generaland
specialelectionsmustbescheduled pursuant toan ordinance and,pursuant toSection2-
2.1(h)and(i),ordinances must beadoptedaftertworeadingsandafterlegalnoticeis
publishedatleast10dayspriortothepublichearingatthetime of thesecond reading;and,
WHEREAS,therequirementtoscheduleaspecialelection by ordinance,ratherthan
by resolution,createsan irreconcilable conflict between thetimerequirements of theCity
Charterandthe notice requirements of theCityCode;and,
WHEREAS,the scheduling of generalandspecial elections isan administrative
matter which is more appropriatelyaddressed by resolutionthan by ordinance;and,
WHEREAS,theMayorandtheCity Commission findthatitisinthe public interest
to amend Section 9-5(b)of theCode of Ordinancesto provide for scheduling elections by
resolution andto ratify theaction taken by the City Commission atitsspecial commission
meeting onFebruary 11,1997toscheduleaspecialelectionfor April 8,1997to fill the
vacancy created inthe Mayor's seat.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
ElectionDateOrdinance:1st Reading February 18,1997
Page 2 of Ord.No.4-97-1625
Section 1.Section 9-5(b)of the Code of Ordinances is amended to read:
Upon the adoption bya majority of thecity commission present
of an ordinance a resolution calling foran election forthe city,
the city clerk shall publish notice of such general or special
election once a week forfour(4)consecutive weeks next
preceding such general or special election ina newspaper of
general circulation inthecity.Such notice shall include the
date,time,and place of such election(s),identify the
commission groups tobe voted for and/or other questions tobe
voted upon.
Section 2.The actiontaken bytheCity Commission atits special commission
meetingon February 11,1997toscheduleaspecialelectionforApril8,1997to fill the
vacancy created inthe Mayor's seatisratified.
Section 3.If any section,clause,sentence,or phrase of this ordinance isforany
reasonheld invalid or unconstitutional bya court of competent jurisdiction,the holding shall
notaffectthe validity of the remaining portions of this ordinance.
Section 4.Allordinancesorparts of ordinancesin conflict withthe provisions of
this ordinance are hereby repealed.
Section 5.This ordinance shalltake effect immediately at the time of its passage.
PASSED AND ADOPTED this 4th day of.March 1997.
ATTEST:
6-^JlM^U
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
G:\CLIENTS\CSM\RES-ORD\EI.ECDATE.ORD
Election Dale Ordinance:1stReadingFebruary18,1997
APPROVED:
r/~ZLt>z&<.'/
VICE-MAYOR
COMMISSION VOTE:4-0
Vice Mayor Robaina:Yea
Commissioner Price:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and Commission Date:February28,1997
/r
From:L.Dennis Whitt
CityManager
Subject:
AgendaItem #
CommissionMeeting3/4/97
Special Election
This isthe second reading of an ordinance amending Section 9-5(B)of the Code of Ordinances to
provide for scheduling general and special elections by resolution,and ratifying the scheduling of
a special electionforApril8,1997.
MIAMI DAILY BUSINESS REVIEW
Published Daily exceot Saturday,Sundayand
Legal Holidays
Miami.Dade County,Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams,whoon oath says that she isthe Vice
Presidentof Legal Advertising ofthe Miami Dally Business
Review «/k/a Miami Review,a dally (except Saturday,Sunday
andLegalHolidays)newspaper,published atMiamiIn Dade
County,Florida;thatthe attached copyof advertisement,
beingaLegal Advertisement of Notice inthe matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
CITY COMMISSION MEETING
MARCH 4,1997 -ORDINANCE
RELATING TO AN AMENDMENT TO
THE CITY'S ADOPTED LAND,ETC
'n the XXXXX Court
was published Insaid newspaper Inthe issues of
Feb 21,1997
Affiantfurthersaysthatthesaid Miami Daily Business
Review is anewspaperpublishedat Miami In saidDade
County.Florida,andthatthesaidnewspaperhasheretofore
beencontinuouslypublishedIn said DadeCounty,Florida,
eachday(exceptSaturday,SundayandLegal Holidays)and
has been entered assecondclass mall matteratthepost
officeIn Miami InsaidDadeCounty,Florida,foraperiodof
oneyear next preceding the first publication of the attached
copyofadvertisement;andaffiantfurthersaysthatshehas
neitherpaidnorpromisedany person,firm orcorporation
any digCtunt,rebate,commission or refund forthepurpose
of s/cudng this advertisement for publication Inthe said
ts Cm **JLiK+<*^a^k
Sworn to and subscribed before me this
^p February -9 7
day jsi .:''../--A;D.19.
(SEAL)
SookleWilliams personally j<nawa-to me.»
CFftefAL NOTA8 i ScAu t
JANETT LLERENA j
COMMISSION NUMOEn j
CC566004 ;
Kt COMMISSION EXPIRES!
JUNE 23.2000 !
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICEIS HEREBY given that the City Commission oftheCityof
South Miami,Florida will conduct Public Hearings during its regular
City Commission meeting on Tuesday,March 4,1997 beginning at
7:30p.m.,in the City Commission Chambers,6130 Sunset Drive.,to
consider thefollowing described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
AN AMENDMENT TO THE CITY'S ADOPTED LAND
DEVELOPMENT CODE IN ORDER TO ADOPT REVISED
AND EXPANDED SPECIAL USE CONDITIONS FOR GASO
LINE SERVICE STATIONS UNDER SECTION 20-3.4(B)(5);
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDI
NANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.(1st READING-JANUARY 21,1997)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA.RELATING TO
AN AMENDMENT OF SECTION 20-3.6 OF THE LAND
DEVELOPMENT CODE TO PRESCRIBE PERMITTED ME
THODS OF FINISHING FOR ALL NEW CONSTRUCTION BY
CREATING ANEW SECTION 20-3.6(S);REQUIRING RE
TAINING WALLS FOR NEW RESIDENTIAL AND COMMER
CIAL CONSTRUCTION ON ELEVATED SITES BY CREAT
ING.ANEW SECTION 20-3.6(T);PROVIDING FOR SEVER
ABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.(1st READING -
JANUARY 21.1997)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO
ELECTION;AMENDING SECTION 9-3 OF THE CODE.OF
ORDINANCES OF THE CITY OF SOUTH MIAMI TO
REQUIRE THE POLLING PLACE FOR ALL GENERAL AND
SPECIAL ELECTIONS.UNLESS OTHERWISE SPECIFIC
ALLY PROVIDED FOR,BE AT THE SYLVIA G.MARTIN
COMMUNITY BUILDING,6130 SUNSET DRIVE.SOUTH
MIAMI,FLORIDA 33143;PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE.(1st READING -FEBRUARY 11.1997)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA RELATING TO
ELECTIONS;AMENDING SECTION 9-5(B)OF THE CODE
OF ORDINANCES TO PROVIDE FOR SCHEDULING GEN
ERAL AND SPECIAL ELECTIONS BY RESOLUTION;RATI
FYING THE SCHEDULING OF THE SPECIAL ELECTION
FOR APRIL 8,1997;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
Said ordinance can be inspected in the City Clerk's Office,Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the Planning
Department at:663-6347 and City Clerk's Officeat:663-6340 respec
tively.
ALL interestedparties areinvitedto attend and will be heard.
Ronetta Taylor,CMC
City Clerk
Cityof South Miami
Pursuant to Florida Statutes 286.0105,theCity hereby advises the
publicthatifa person decides to appeal any decision made bythis
Board,Agency or Commission with respect toany matter considered
atitsmeetingorhearing,heor she will needarecordoftheproceed
ings,andthatfor such purpose,affected person may need to ensure
thata verbatim record of ttie proceedings is made which record in
cludesthetestimonyandevidenceuponwhichtheappealistobe
based.
2/21 97-3-022117M
It