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Res No 147-16-14702RESOLUTION NO.147-16-14702 A Resolution of the City of South Miami,Florida,placing a question on the ballot for Tuesday,November 8,2016,Presidential Election,to amend the City Charter, Article II,Section 6.D,sofour affirmative votes of the City Commission can adopt less restrictive land use and development regulations foran area bounded by:SW 62nd Avenueonthewest starting at US1;northtoSW 69th Street,east toSW 58th Place,northtoSW 68th Street,east toSW 57th Avenue;southtoSW 74th 72^ Street,westto SW 61st Avenue,westto US1,thenbacktothebeginning. WHEREAS,itis possible tochangevoting requirements forthe Transit Oriented Development District,the Light Industrial District and Hometown Overlay District andnotchange the5out of 5voting requirement forallsinglefamilyresidential neighborhoods intheCity;and WHEREAS,businesses located inthe Transit Oriented Development District,theLight Industrial District and Hometown OverlayDistrictpaymore advalorem taxesthanallthesingle family residents combined;and WHEREAS,the City Commissioners desire to have a ballot question submitted tothe electorate for a Charter amendment that will make it a little less difficult to make land use and development regulations less restrictive fortheTransit Oriented Development District,the Light Industrial District and Hometown Overlay District. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.A question shallbe placed onthe ballot forthe Tuesday,November 8,2016 election to submit tothe qualified electors assetforth below. Section 2.Notice of such election shallbe published in accordance withthe election laws. Section 3.Theresult of suchelectionshallbe determined bya majority of thequalified electors of theCity of SouthMiamivotingupontheproposalatthenationalpresidentialelectionon November 8,2016.All qualified electors of theCity of South Miami shallbe entitled tovoteatsaid election.Thequestionshallappearontheballotinsubstantiallythefollowingform: Title:AmendingCharter,ArticleII,SECTION6Dreducingvotingrequirementsconcerning certain areas. BALLOT QUESTION: ShallArticleII,Section 6 of theCharterbeamended authorizing a minimum of four Commissionmemberstoadoptlessrestrictivelanduseand development regulationsforan area bound by:SW 62nd Avenue,starting at US1;north to SW 69th Street,east to SW Page 1 of 3 Res.No.147-16-14702 58th Place,north to SW 68th Street,east to SW 57th Avenue;south to SW 72nd Street,west to US1,then back to the beginning. YES NO Section 4.The form of the ballot shallbein accordance with the requirements of general election laws. Section 5.Early voting shallbe conducted in accordance withthe requirements of general election laws. Section 6.Vote-bv-mail ballot maybeusedby qualified electors of theCity of SouthMiami for voting onthis question.Theform of such absentee ballot shallbein accordance withthe requirements prescribed by general election laws. Section 7.A sample ballot showing the manner inwhichthe question or proposal aforesaid will appear atthis election shallbe published and provided in accordance withthe applicable provisions of general election laws. Section 8.This election onthe proposal aforesaid shallbeheldand conducted in accordance with applicable provisions of the general laws relating to elections andthe provisions of the Miami- Dade County Home Rule Charter.TheCity Manager orthe manager's designee,the Finance Director,andtheCity Clerk are hereby authorized and directed totakeall appropriate actions necessary tocarryinto effect and accomplish the provisions of this resolution. Section 9.If the ballot question is answered inthe affirmative bythe requisite number of voters,Subsection D of SECTION 6.titled "Ordinances"of Article II of theCity Charter shallbe amended as follows: D.Voting Procedure.Voting shallbebyrollcall.The "yeas"and "nays" shallbe recorded individually intheminutes of each meeting. No Commission member shallbeexcusedfromvotingas required bylaw. 1.Requirements for Adoption.All resolutions or ordinances shallbe adopted bynolessthanthree affirmative votes of theCity Commission.(Amended 2/8/00). Except as otherwise provided inthis Charter,four affirmative votes of theCity Commission shallberequiredinthefollowing instances: To issue bonds or borrow money To grant,renew or amend any lease or franchises To transfer titleto property To appropriate or expend non-budgeted funds Page 2 of 3 Res.No.147-16-14702 Toapproveaninitiatoryordinance pursuant toArticleV Toamendlanduseanddevelopmentregulationsthatmakethemless restrictive for land that is wholly within the area bound by SW 62"Avenue, startingat US1;northtoSW 69th Street,easttoSW 58th Place,northtoSW 68th Street easttoSW57thAvenue:southtoSW 72nd Street,westto USK then directly back tothe beginning at US1 andSW62 Avenue Exceptasotherwiseprovidedinthischarter,fiveaffirmativevotesoftheeCity eCommission shallberequiredtoapprovetheactions indicated below: Toamendlanduseanddevelopmentregulationsinanymannertomake themlessrestrictiveunlessalesservoteisallowedas specified above fef^a specific localeordistrict. Toissue bonds or borrow money in excess of five percent of the eCity's current operating budget. Section 10.Severability:If anysectionclause,sentence,orphrase of this resolution isfor anyreasonheldinvalidor unconstitutional byacourt of competent jurisdiction,the holding shallnot affect the validity of the remaining portions of this resolution. Section 11.Effective Date:This resolution shall become effective immediately upon adoption byvote of theCity Commission and,if approved bythe electorate,the amendment tothe City Charter shall become effective ten (10)days following thedate of the election held forits approval. PASSED AND ADOPTED this8th day of August 2016. ATTEST:APPROVED: READ AND APPROVED ASTOFORM: LANGl^£ErraG AUTX X^D" JtlokTHEREC Page 3 of3 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Liebman: Commissioner Harris: 3-2 Yea Yea Nay Yea Nay THURSDAY AUGUST 42016 M1AMIHERALD.COM NEIGHBORS CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY giventhatthe City Commission ofthe CityofSouthMiami,FloridawillconductPublicHearing(s) ataSpecialCity Commission meetingscheduledforMonday, August 8,2016,beginningat6:30p.m.,intheCity Commission Chambers,6130 Sunset Drive,to consider the following item(s): A Resolution of the City of South Miami,Florida,placing *N question ontheballotforTuesday,November 8,2016,Presidential Election,toamendtheCity Charter,Article 11,Section6.D,so fouraffirmativevotes of theCity Commission canadoptless restrictive landuseand development regulations foranarea boundedby:SW 62nd AvenueontheweststartingatUS 1;north toSW 69th Street,easttoSW 58th Place,north toSW 68th Street, east to SW 57th Avenue;south toSW74th Street,westtoSW 61st \l Avenue,westtoUS1,thenbacktothe beginning. A Resolution of theCity of South Miami,Florida,placing a question onthe ballot forTuesday,November 8,2016,Presidential Election,toamendtheCityCharter,Article II,Section6.D,to allowthreeaffirmativevotes of theCityCommissiontomake landuse and development regulations lessrestrictiveforMarshall Williamson/Madison SquareProjectsandcertainpropertiesin thesurroundingarea if purchasedbytheCityortheCommunity Redevelopment Agency ALL interested parties are invited toattendandwillbe heard. Forfurtherinformation,pleasecontacttheCityClerk's Office at:305-663-6340. Maria M.Menendez,CMC City Clerk Pursuant lo FloridaStatutes 286.0105.theCityherebyadvises the publicthat if a person decides to appeal any decisionmadebythisBoard,AgencyorCommission withrespecttoanymatterconsideredatitsmeetingorhearing,heorshewillneed arecord of theproceedings,and that forsuchpurpose,affected person mayneed toensurethataverbatimrecord of the proceedingsis made whichrecordincludes thetestimonyandevidenceuponwhichtheappealistobebased. / £uh Gatinde.* LATIN AMERICAN CAFETERIA -RESTAURANT Vest Cuban Food InTown Enjoy Our Daily Chef Specials We Cater Parties Size Not AProblem 11SE We are Open 7amto Midnight •SevenDaysaWeek We Can.Serve You ., Inside and Outside 898 SW 57 Avenue 305.267.9995 "farCredit Caitis Accepted Including PrimMatd MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday,Sundayand LegalHolidays Miami.Miami-DadeCounty,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared MARIA MESA,whoon oath says thatheor she istheLEGAL CLERK,LegalNoticesoftheMiami Daily Business Review f/k/aMiamiReview,adaily(exceptSaturday.Sundayand Legal Holidays)newspaper,published atMiamiinMiami-Dade County.Florida;thattheattachedcopyofadvertisement, beingaLegal Advertisement ofNoticeinthematterof NOTICE OF PUBLIC HEARING CITYOFSOUTH.MIAMI.-AUGUST 8,2016 in the XXXX Court, was published insaid newspaper inthe issues of 07/29/2016 Affiant furthersaysthatthe said Miami Daily Business Reviewisa newspaper published atMiami,insaid Miami-Dade County,Florida andthatthesaidnewspaperhas heretofore been continuously published in said Miami-Dade County.Floridaeachday(exceptSaturday,Sundayand Legal Holidays)and has been entered as second class mail matteratthepostofficein Miami insaid Miami-Dade County, Florida,foraperiodofoneyearnextprecedingthe first publicationoftheattachedcopyofadvertisement;andaffiant further says thatheor she hasneitherpaidnorpromisedany person,firmor corporation any discount,rebate,commission orrefundforthe purpose tf securing this advertisement for publication in^he^saia^newspaper\ (SEAL). MARIAMESA personally knowntome .#£%.RHOWOA Wl PELTIERiVJ&Vl MY COMMISSION SFF231407 '%$%%$EXPIRES May 17 2019 i4u/.-*'••':Vta !•tofKfciNQtfi-,Sc»tCv xrr ;0^ingenf:£r^ot^ u^«th^