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2 RESOLUTION NO. ______ _
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5 A Resolution of the Mayor and City Commission of the City of South
6 Miami, Florida, adopting a draft amendment to Article VI, Section 9 (B) of
7 the City Charter to restrict the sale or lease of City real property or the
8 purchase of real property by the City, subject to a Referendum of the City's
9 electorate approving the amendment, and to be placed on the ballot at the
10 Presidential Preference Primary Election scheduled for March 15, 2016 and
11 directing the City Clerk to take all necessary actions to carry out the
12 provisions of this resolution.
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14 Whereas, the Mayor and City Commission would like to amend and update certain
15 provisions of the City Charter; and
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17 Whereas, the City Commission, by resolution, can propose amendments to the Charter
18 subject to the approval by the electorate at the Presidential Preference Primary Election: and
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20 Whereas, the citizen referendum and initiative process are currently part of the South
21 Miami Charter; and '
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23 Whereas, the cities of Miami, Miami Beach, and Key Biscayne currently have provisions
24 in their charter requiring public referendum for certain sales, purchase, or lease of city Property;
25 and
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27 WHEREAS, the City Commissioners desire to have a ballot question submitted to the
28 electorate for a referendum amending the City Charter to restrict the sale or lease of City real
29 property or the purchase of real property by the City by amending Article VI, Section 9 (B) of
30 the City Charter.
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32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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35 Section 1. The following question shall be submitted to the electorate of the City of South
36 Miami at the March 15, 2016 Presidential Preference Primary Election:
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38 Title: Binding Referendum Amending Article VI, Section 9 (B) of the City of South
39 Miami Charter.
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41 BALLOT QUESTION:
42 Should each sale, lease or purchase, by the City, of any real property having a real estate
43 value in excess of$I,OOO,OOO be first appraised by a Board of Appraisers, established by
44 the City Commission and consisting of 5 members, and then pre-approved, by the
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1 citizens, by a referendum that will provide the voters with the current appraised value of
2 the property.
3 YES
4 NO
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6 Ballot Summary: The intent of this charter amendment is to restrict the sale or lease of
7 City real property or the purchase of real property by the City and to require that
8 such transactions must be submitted to the voters for approval by referendum that
9 provides the voters with the current appraised value of the property for their
10 consideration.
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12 If the question is approved by a majority of the voters in the March 15, 2016 Presidential
13 Preference Primary Election, the Charter for the City of South Miami shall be amended as
14 follows (the underlined text will be added to the existing Charter and the text with a line striking
15 through it will be deleted from the existing Charter):
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17 Article VI, Section 9
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19 (8) Restrictions:
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21 ill The City of South Miami shall not enter into any franchise contract or
22 agreement, as defined in this Section, to or with any person, as defined in
23 this Section, nor shall the City renew an existing franchise, grant an
24 extension to the franchise term or in any other way make a material
25 change to an existing franchise contract or agreement unless the City
26 enacts an ordinance, in accordance with the requirements ofthis Section,
27 approving the contract or agreement.
28 ill The City shall not sell, lease or purchase any real property that has a real
29 estate value in excess of $1,000,000 unless the sale, lease or purchase is
30 pre-approved, by the citizens, by referendum. The referendum shall
31 provide the voters with the current appraised value of the property. The
32 appraised value of the property shall be assessed by the City's Board of
33 Appraisers. The Board of Appraisers shall be established by the City
34 Commission and it shall consist of five (5) members. Each City
35 Commission member shall appoint one member of the Board of
36 Appraisers.
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39 Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
40 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
41 the validity of the remaining portions of this resolution.
42
43 Section 3. Effective Date: This resolution shall become effective immediately upon
44 adoption by vote of the City Commission and, if approved by the electorate, the amendment to
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1 the City Charter shall become effective ten (10) days following the date of the election held for
2 its approval.
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PASSED AND APPROVED this day of _____ , 2015.
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ATTEST:
CITY CLERK
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:
SUNDAY DECEMBER 6 2015
MIAMIHERALD.COM NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
i 37SE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public l-learing{s) at its regular City
Commission meeting schedul~d for Tuesday, December IS, 201S beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
consider the following item(s):
A Resolution for special use approval to permit a general restaurant at 6144 S. Dixie Highway.
A Resolution approving an application for a waiver of off-street parking space requirements for the property located at 6144 S. Dixie
Highway.
(
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, adopting a draft amendment to Article VI, section~
(B) of the City Charter to restrict the sale or lease of City real property or the purchase of real property by the City, subject to a Referendum
of the City's electorate approving the amendment, and to be placed on the ballot at the Presidential Preference Primary Election scheduled for
March 15,2016 and directing the City Clerk to take all necessary actions to carry out the provisions of this resolution.
An Ordinance amending Land Development Code Article III, Section 20-S.R to correct a scrivener's error in Section 20-5.8 referring to the
Pennitted Use Schedule.
An Ordinance amending Article lY, "Other Regulations," Section 20-4.4, "Off-street parking requirements," Subsection (B), "Space
Requirements," to create new subsection (B)(17), to establish a revised parking requirement for affordable or workforce housing projects.
An Ordinance amending Article III, "Zoning Regulations, Section 20-3.S, "Dimensiona'J Requirements," and other applicabJe provisions, to
adjust the density caps in the Specialty Retail SR zoning districts for affordable and workforce housing projects north of US 1 and within the
Community Redevelopment Area boundaries as they existed on October 14,2015.
An Ordinance establishing an electric franchise with Florida Power & Light Company for installation of city street lighting within the City of
South Miami.
An Ordinance amending the City of South Miami Land Development Code, Article VIII Transit Oriented Development Distlict, "Definitions,"
Section 20-8.2, "Definitions," to amend veltical story floor height maximum.
An Ordinance Adopting The City of South Miami 2015 Text Amendments to the Comprehensive Plan Future Land Use And Housing Elements,
And Authorizing Transmittal To The Florida Department Of Economic Opportunity and Review Agencies.
An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan, amending the designation of the
Sylva Martin Building and a parking lot on the City Hall property located at 6130 Sunset Drive from Parks and Open Space to Transit Oriented
Development District (TODD).
An Ordinance amending the Official Zoning Map to establish a Historic Preservation Overlay (HP-OV) in the Transit Oriented Development
District (TODD-PI) for the Sylva Martin Building located at approximately 6130 Sunset Drive.
ALL interested parties are 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 2S(1.OI05. the City hereby advises the public that if a person tlecides to appeal any decision made by thi~ Boaru, Agency or Commis:;ion 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 lleed to ellsure that a verbatim record of the proceedings is made
which record includes the testimony allli evidence upon which the appeal is to be based.