Loading...
Res No 229-16-14784RESOLUTION NO.229-16-1 4784 A Resolution verifying the amendments to the City of South Miami Charter passed by referendum on November 8,2016,and incorporating them into the City's Charter. WHEREAS,the majority of theelectorsoftheCity of South Miami answered the following Charter amendment ballot question inthe affirmative,towit: City of South Miami Charter Amendments relating to Budgets,Elections, Initiatives and Referenda ShalltheCity Charter be amended to correct language made obsolete bystate law or previous Charter changes,andto clarify existing Charter language without change in function or intent by amending Art.IV,Sec.2.B.;Art.IV,Sec.2.C.;Art.V,Sec. l.B.4-5;Art.V,Sec.5.B.? WHEREAS,theCity Commission desirestoverifyand incorporate the amendments that were contemplated bythe above-referenced ballot question and that were approved bythe electorate. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT: Section 1.The above recitals are incorporated by reference intothe body of this resolution. Section 2.The City Commission hereby verifies that the attached amended City of South Miami Charter has incorporated the amendments thatwere contemplated bytheballotquestion thatwassubmittedandapprovedbytheCityofSouth Miami's electorateattheSpecialElection held November 8,2016 in conjunction with the Presidential Election. Section 3.This resolution shalltakeeffectimmediatelyuponadoption. PASSED AND ADOPTED this 6th day of December,2016. ATTEST:APPROVED: ^V-CLERK>-^-^fl MAYOR READ AND APPROVED AS TO FORM,COMMISSION VOTE 5-0 LANGUAGE,Lj^ALITY,Mayor Stoddard:Yea AND EXECJJ^fON TH^R^JF:Vice Mayor Welsh:Yea Commissioner Edmond:Yea Commissioner Harris:Yea Commissioner Liebman:Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami All-America City 2001 To:Hon.Mayor,Vice Mayor And Commissioners Date:December 6,2016 From: Subject: Steven J.Alexander,City Manager Agenda Item No.: Charter Amendments approved byvoterson November 8,2016 2 A Resolution verifying the amendments to the City of South Miami Charter passed by referendum on November 8,2016,and incorporating them into the City's Charter. TheCharteramendmentpresentedattheNovember8,2016 SpecialElectionwasapproved by the voters. Attachments:Proposed Resolution Proposed Charter withamendmentsapprovedbythe electorate Res.No.145-16-14700 Official Election Results CITY OF SOUTH MIAMI ') CPP^ INCORPORATED 19 27 CHARTER Page1 of 40 SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 TABLE OF CONTENTS PREAMBLE TO THE CHARTER FOR THE CITY OF SOUTH MIAMI 4 MIAMI-DADE COUNTY'S CITIZENS'BILL OF RIGHTS 4 ARTICLE I AUTHORITYANDFORMOFGOVERNMENT 8 SECTION 1.Name 8 SECTION2.Existence 8 SECTION3.Boundaries 8 SECTION 4.Form of Government 8 SECTIONS.Authority 8 ARTICLE II CITY COMMISSION 9 SECTION 1.Composition 9 SECTION2.Mayor 9 SECTION3.Compensation 9 SECTION 4.Vacancies 9 SECTIONS.Meetings 11 SECTION6.Ordinances 11 SECTION 7.Officers 14 SECTION 8.Boards and Committees 15 SECTION9.Investigations 16 SECTION 10.Civil Service/Merit System 16 SECTION 11.Departments 16 ARTICLE III THE CITY MANAGER 17 SECTION1.Appointment 17 SECTION 2.Qualifications 17 SECTION 3.Removal 17 SECTION4.Acting City Manager 17 SECTION 5.Powers and Duties 18 ARTICLE IV FINANCE 20 SECTION 1.Fiscal Year 20 SECTION 2.Budget 20 SECTION 3.Revenues 21 SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page2 of 40 SECTION 4.Administration 22 ARTICLE V ELECTIONS 23 SECTION 1.Qualifications 23 SECTION 2.General Elections 24 SECTION 3.Special Elections 26 SECTION 4.Runoff Elections 26 SECTIONS.Procedures 26 SECTION 6.Initiative and Referendum 27 ARTICLEVIGENERAL PROVISIONS...,31 SECTION 1.Conflict of Interest 31 SECTION 2.Bonding 31 SECTION 3.Publication Requirement 31 SECTION 4.Franchise 31 SECTION 5.Powers of the City 33 SECTION6.Autonomy 33 SECTION 7.Amendments 33 SECTION 8.Ratification 33 SECTION 9.Invalidity 34 SECTION 10.Acceptance 34 SECTION 11.Repeal 34 SECTION 12.Transition 34 Schedule (A)Boundaries 36 (Amended 2/11/14) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page3 of40 PREAMBLE TOTHE CHARTER FORTHECITYOF SOUTH MIAMI We,the people of the City of South Miami,in order to secure for ourselves the benefits and responsibilities ofHomeRule,andin order toprovideamunicipal government to serve our present andfutureneeds,and recognizing that the City existsforthe purpose ofprovidingforthe health,happiness,education,safetyandwelfareofit citizenry,doherebyadoptthisCharter.The City Commission andall of itsboards,committees andemployeesshallatall times conduct themselves inaccordancewithcommoncourtesyandconsistentwith the CodeofEthicsofthe State ofFloridaandMiami-DadeCounty.(Amended 2/11/14) MIAMI-DADE COUNTY'S CITIZENS'BILL OF RIGHTS (A)This governmenthasbeencreatedtoprotectthegoverned,not the governing.Inorder to provide the publicwithfulland accurate information,to promote efficient administrative management,to make government more accountable,and to insure to all persons fairand equitable treatment,the followingrights are guaranteed: 1.Convenient access.Every person has the right to transact business with the County and the municipalities withaminimumof personal inconvenience.Itshallbe the duty of the County manager and the Commission to provide,within the county's budget limitations,reasonably convenient times and places for registration andvoting,for required inspections,and for transacting business with the City. 2.Truthin government NoCounty or municipalofficialor employee shallknowinglyfurnish false information onanypublic matter,norknowinglyomitsignificantfacts when giving requested information to members of the public. 3.Public records.All audits,reports,minutes,documents and other public records of the County andits boards,agencies,departments and authorities shallbe open for inspection at reasonable times and places convenient to the public. 4.Minutes and ordinance register.The Clerk of the City Commission shall maintain and make available forpublic inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions listedby descriptive title.Written minutes of all meetings and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting. 5.Right to be heard.So far as the orderly conduct of public business permits,any interested person has the right to appear before the Commission or any municipal Board or agency,or department for the presentation,adjustment or determination of an issue,request or controversy within the jurisdiction of the governmental entity involved.Matters shallbe scheduled for the convenience of the public,and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter willbe heard.Nothing SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page4 of 40 herein shall prohibit any governmental entity oragencyfromimposing reasonable time limitsfor the presentation of a matter. 6.Right to notice.Persons entitled to noticeofa county or municipal hearing shall be timely informed asto the time,placeand nature of the hearingand the legal authority pursuant to which the hearing is to beheld.Failurebyanindividual to receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering invalidany determination made at such hearing.Copies of proposed ordinances or resolutions shallbe made available ata reasonable time prior to the hearing,unless the matter involvesan emergency ordinance or resolution. 7.No unreasonable postponements.No matter once having been placed ona formal agenda by the countyoranymunicipalityshallbe postponed to another dayexceptforgood cause shown in the opinion of the county Commission,the municipalcouncilor other governmental entityoragencyconductingsuchmeeting,andthenonlyoncondition that any person so requesting ismailed adequate noticeof the new date ofany postponed meeting. Failurebyan individual to receivesuchnoticeshallnot constitute mandatory grounds for cancelling the hearingor rendering invalidany determination made at suchhearing. 8.Right ofpublichearing.Uponatimelyrequestofany interested partypublichearing shallbeheldbyanycountyor municipal agency,board,department orauthorityuponany significantpolicydecision to beissuedbyitwhichisnotsubjectto subsequent administrative or legislativereviewandhearing.Thisprovisionshallnotapplyto the law department of the county or ofany municipality,not to anybodywhosedutiesandresponsibilitiesaresolelyadvisory. Atanyzoningor other hearinginwhichreviewis exclusively bycertiorari,a party orhis counselshallbeentitled to present hiscaseordefensebyoralor documentary evidence,to submit rebuttal evidence,andtoconductsuch cross-examination asmayberequiredfora full andtruedisclosureofthefacts.The decision ofanysuch agency,board,department orauthority mustbebaseduponthefactsintherecord.Procedural rulesestablishingreasonabletimeand other limitationsmaybe promulgated and amended from time to time. 9.Notice of action and reasons.Prompt noticeshallbegiven of the denialin whole orin partofarequestofan interested personmadeinconnectionwithanycountyor municipal administrative decisionor proceeding when the decisionisreservedat the conclusionofthe hearing.Thenoticeshallbeaccompaniedbya statement of the groundsfordenial. 10.Managers'and attorneys'reports.Thecountymanagerandcounty attorney andeach city manager and city attorney shallperiodicallymakeapublic status report onallmajor matters pending or concluded within their respective jurisdictions. 11.Budgeting.Inadditiontoanybudgetrequiredby state statute,the countymanager shall prepare abudgetshowingthecostofeachprogramofeachbudgetyear.Priortothe SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page5 of 40 county Commission's firstpublic hearing on the proposed budget required by state law,the county manager shallmakepublica budget summary setting forth the proposed cost of each individualprogramandreflecting the personnel foreach program,the purpose therefor,the estimated millage cost ofeach program and the amount ofanycontingencyandcarry over funds of each program. 12.Quarterly budget comparisons.The county manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against one quarter of the proposed annual expenditures set forth in the budget.Such report shallalsoreflect the same cumulative information for whatever portionof the fiscalyear that has elapsed. 13.Adequate audits.An annual audit of the county andeachmunicipalityshallbe made byan independent certifiedpublicaccountingfirmin accordance with generally accepted auditing standards.A summary of the results,includinganydeficiencies found,shallbe made public.Inmakingsuchaudit,proprietary functionsshallbe auditedseparately and adequate depreciationonproprietaryfacilitiesshallbeaccruedsothepublicmay determine the amount of any direct or indirect subsidy. 14.Regional offices.Regionaloffices of the county's administrative services shallbe maintained at locations in the county for the convenience of the residents. 15.Financial disclosure.TheCommissionshallby ordinance makeprovisionsfor the filing under oathoraffirmationbyall county andmunicipalelective officials,candidates for county and municipalelectiveoffices,such employees asmaybe designated by ordinance,andsuch other public officials,andoutsideconsultantswhoreceivefundsfromthecountyor municipalities withinthecountyandwhomay legally be included,orpersonal financial statements,copiesof personal federal income tax returns,or itemized source of income statements of income statements.Provisionsshallbe made for preparing and keeping such reports current from time to time,and forpublic disclosure. The Commission shallalsomakeprovisionsfor the filling annually under oath ofa report by full-time countyand municipal employeesofalloutsideemploymentand amounts received therefrom.Thecountymanageroranycitymanagermayrequiremonthlyreportsfrom individual employeesorgroupsof employees forgoodcause. 16.Representation of public.TheCommissionshall endeavor to provide representation at all proceedings significantly affecting the county andits residents before state and federal regulatory bodies. 17.CommissiononEthics and Public Trust.TheCountyshall,by ordinance,establish an independent Commission on Ethics and Public Trust comprised of five members,notappointed byCountyCommission,with the authority toreview,interpret,render advisoryopinionsand. enforce the county andmunicipal code ofethics ordinances,conflictof interest ordinances, SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page6 of 40 lobbyistregistrationandreportingordinances,ethicalcampaignpracticesordinances,when enacted,and citizens'bill of rights. (A)Theforegoing enumeration of citizens'rightsvestslargeandpervasive powers in the citizenry of Dade County.Such power necessarilycarrieswithit responsibility of equal magnitude for the successful operation of government in the county.Theorderly,efficient andfair operation of government requires the intelligentparticipation of individual citizens exercising their rightswithdignityandrestraintsoas to avoidany sweeping accelerationin the cost of government because of the exercise of individualprerogatives,andforindividualcitizens to grant respect for the dignity of public office. (B)Remediesforviolations.Inanysuitbyacitizenallegingaviolation of this articlefiled with the Miami-Dade Commission onEthicsandPublicTrust,the chargingparty,if successful,shall be entitled to recover costs asfixedby the court.Anypublicofficialor employee who isfoundby the Commission to have willfully.violated this articleshall forthwith forfeit his office or employment.(Amended 2/11/24) (C)Construction.Allprovisions of thisarticleshallbe construed to be supplementary to and not in conflict with the generallaws of Florida.Inanypart of this articleshallbedeclaredinvalid, itshall not affect the validity of the remaining provisions.(Amended 3/12/96) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page7 of 40 SECTION 1.Name CHARTER CITY OF SOUTH MIAMI ARTICLE I AUTHORITY AND FORM OF GOVERNMENT The present municipal government existing under the name "City of South Miami"shall continue to exist and shall continue to be known as"Cityof South Miami". SECTION 2.Existence This municipal corporation shallhave perpetual succession. SECTION 3,Boundaries Thelegal description of the boundaries of the City of South Miamiis attached to the end of this Charter as Schedule (A)(Amended 2/8/00) SECTION 4.Form of Government ThisCityshallhavea Commission-Manager government. SECTION 5,Authority ThisMunicipal Corporation shallhaveall the rights,privilegesand immunities whichmay have been or hereafter be granted under the Constitution and General Laws of the State of Floridaandsuch other rights,privilegesand immunities whichmayhave been ormay hereafter be granted under general acts of the legislature of the State ofFlorida,including but not byway of limitation,the rights,privileges and immunities under the HomeRule Amendment,Article8, Section2of the Constitution of the State ofFlorida,andany amendments thereto whichhave been or may hereafter be enacted. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page8 of 40 ARTICLE II CITY COMMISSION SECTION 1,Composition TheCommissionshall consist of aMayorandfourCommissioners. SECTION 2.Mayor TheMayorshallpreside at meetings for the City Commissionandshallberecognizedas Headof the City government for ceremonial purposes.The Vice-Mayor shallservefora two (2) year term andshallbe the Commissionerreceiving the greatest number of votes in the preceding general election.(SeeArt.V,Sec.2A) SECTION 3,Compensation The annual salariesand expense accounts of the Commissionshallbe prescribed by ordinance adopted priorto approval of the annual budget.Increases in salaries and expense accounts of the Commissionshall take effect after the next general election.Decreases shall take effect upon approval of the budget.(Amended 2/8/00) SECTION 4.Vacancies The OfficeofaCommissionershall become vacantuponhisor her death,resignation, removal from office inany manner authorized bylaw,orby forfeiture ofhis or her office. A.Forkiture of Office.A Commissioner shall forfeit office if he or she (1)lacks at any time during his or her term of office any qualification for the office prescribed by this Charter or by the General Lawsof the State ofFlorida,(2)willfully and intentionally violates any express prohibition of this Charter,(3)is suspended fromofficeby the Governor of the State of Florida, or removed fromofficeby the Florida Senate,bya court of competent jurisdiction,or by operation of the law;(4)is convicted of a felony or crimeinvolvingmoral turpitude,or(5)fails to attend four consecutive regular meetings of the Commission without being excused by the Commission.Grounds for forfeiture for (1)and (2)willbe determined bya court of competent jurisdiction.Grounds for forfeiture of (3),(4)and (5)willbe determined by the City Commission. (Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page9 of 40 ARTICLE II (Cont'd) B.Filling of Vacancies. 1.Any vacancy on the Commission,which occurs for less than nine months before the next generalelectionshallbe filled for the unexpiredtermby the Commissionwithin30daysfrom the date of the vacancy.If the Commission fills the vacancywithin the prescribed time,the person appointed by the Commissionshallservein that capacityonlyuntil the next general election.If the Commission fails tomakethe appointment within30days,thevacancy shall be filled bya regularorspecialelection to beheldnolessthan45daysnormorethan60daysfrom the date of the vacancy.In the event aCommission member resignstorunfor the office of Mayor,the Commissionshall notify the CityClerkinwriting of hisorher intention to qualifyfor that office no laterthan15days before the beginning of qualificationfor the next election. 2.In the event a vacancy occurs more than nine months prior to the next general election, the Commissionshallhavenopowerto fill the vacancyand the unexpired term shallbefilledbya special election being held not less than 30daysnor more than 60days after the vacancy exists. 3.If the vacancyoccursin the Office of Mayorand the Commission selects a member of the Commission asMayor,a vacancy shall exist on the Commission.If the person selected asMayor hasan unexpired term as Commissioner extending beyond the time of the next general election, the personshall elect to either qualityfor the office of Mayorby notifying the CityClerkinwriting of hisorher intention toqualifyfor the office of Mayornolaterthan15days before the deadline for qualification for the next general election.Qualifyingfor the office of Mayorshall create a vacancyonhisorher seat as Commissioner for the unexpired term.If the person does not qualifyfor the office of Mayor,heorsheshallbe considered asserving temporarily asMayorand shall revert automatically to the unexpired term towhichheorshewas elected. 4.No person who has forfeited an office on the Commission shallbe qualified to runfor office to fill the vacancy created by the forfeiture. 5.Ifatany time the membership on the City Commission is reduced to less than four members because of suspension,removal or forfeiture of office,the remaining members of the Commission shall,by majority vote,appoint additional interim Commission members andshall schedule aspecial election to beheldnoless than 30,daysnor more than 60days after the loss of a quorum to fill any vacancy that exists for more than nine months prior to the next general election. 6.In the event that all members of the City Commission are removed by death,resignation, suspension,removal,or forfeiture of office,the Governor of the State of Floridashall appoint an interim City Commission and the CityClerkshall schedule aspecial election to be held not less that 30days nor more than 60 days after the occurrence of the last vacancy to fill all vacancies that exist for more than nine months prior to the next general election.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page10 of 40 ARTICLE II (Cont'd) SECTION 5,Meetings A.Attendance.All meetings of the CityCommissionshallbepublic with the exception of properly calledExecutiveSession meetings.(Amended 2/11/14) B.Special Meetings.Special meetings maybeheld upon callby the Mayor or three or more Commissioners.Written notice of the meeting shallbe delivered to the members of the Commission by the CityClerk not less than 24 hours before the meeting is held.No business shall be transacted at anyspecial meeting other than that forwhich the meeting was called.The24- hour time limitmaybewaivedin time ofpublic emergency affectinglife,health,property or safety.(Amended 2/8/00) C.Regular Meetings.The Commission shall meet regularly at such times and places asmaybe prescribed byitsrules but not less frequently than twice each month. D.Procedure.The Commission shallfixits rules of procedure and order of business or,in the absence of applicable rules,itshallfollow Robert's Rulesof Order (Revised). E.Record.TheCommissionshallkeepa permanent written public record of its proceedings. F.Quorum.Four members of the Commission shall constitute a quorum for a regular meeting and three members shall constitute a quorum fora special meeting. SECTION 6,Ordinances TheCityCommissionshallactonlyby ordinance or written resolution and those actsof the City Commission shall be by ordinance which: (1)Adoptor amend an administrative code or establish,alter orabolishanyCity Department (2)Provideforafineor other penalty orestablisharule or regulationforviolationof whichafine or other penalty isimposed. (3)Levy taxes. (4)Grant,renew or extend afranchiseand regulate publicutilitiesservice rates. (5)Authorize borrowing of money.(Amended 2/11/14) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page11 of 40 ARTICLE II (Cont'd) (6)Convey or lease or authorize the conveyance or lease of any property of the City. A.Form.Every proposed ordinance shall be introduced in writing and in the form required forfinal adoption.No ordinance shall contain more than one subject,which shallbe clearly expressed inits title.The enacting clauseshallbe "BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA."(Amended 2/8/00) Any ordinance,which repeals or amends an existing ordinance or part of the City Code shall clearly identify in the title the ordinance or section of the code that it seeks to repeal or amend.(Amended 2/8/00) B.Introduction.An ordinance or resolution maybe introduced by any member at any regular meeting of the City Commission. (1)Procedure After introduction of any ordinance,the CityClerkshall prepare a number of copies and shall distribute acopy to each member of the Commission and to the Manager.TheCityClerkshall also filea reasonable number of copies in the office of the City Clerkandsuch other publicplacesas the Commissionmay designate,together with anotice setting out the time and placeforapublic hearing thereon and forits consideration by the Commission. (2)PublicHearings.Apublic hearing shallfollow the introduction of the ordinance and publication byat least ten (10)daysprior to the public hearing andmaybeheld separately or in conjunction with the regular CityCommission meeting.All interested persons shallhavean opportunity to be heard.(Amended 2/11/14) (3)Readings.Each ordinance shallbereadbyonly the title at both firstand second readings andshallbe considered at noless than two meetings of the Commission unless declared emergency.Ifan ordinance is materially amended upon the second reading,a third reading shall be required at a subsequent meeting of the Commission.(Amended 2/94) C.Effective Date.Exceptas otherwise provided,every adopted ordinance shall become effective upon execution or any other date specified therein.(Amended 2/11/14) D.Voting Procedure.Votingshall be byrollcall.The "yeas"and "nays"shallbe recorded individually in the minutes of each meeting. No Commission member shallbe excused from voting as required bylaw.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page12 of 40 ARTICLE II (Cont'd) 1-ReguirementsforAdoption.All resolutionsorordinancesshallbe adopted byno less than three affirmative votesofthe City Commission.(Amended 2/8/00) Except asotherwiseprovidedinthisCharter,fouraffirmativevotesof the City Commissionshallberequiredin the following instances:(Amended 2/8/00 and 11/04/08 & 2/9/10) Toissue bonds or borrow money To grant,renew or amend any lease or franchises To transfer title to property To appropriate or expend non-budgeted funds To approve an initiatory ordinance pursuant to ArticleV Exceptas otherwise providedinthis charter,fiveaffirmative votes of the citycommission shallbe required to approve the actions indicated below: To amend landuseand development regulationsinany manner to make them less restrictive Toissue bonds or borrow money inexcessoffive percent of the city's current operating budget 2.EmergencyOrdinances.To meet apublic emergency affecting life,safety,health, property or the public peace,the Commissionmay adopt oneor more emergency ordinances, but an emergency ordinance may not grant,renew or extend a franchise or authorize the borrowing ofmoney except asprovidedinthisCharter.An emergency ordinance will be introduced in the formand manner prescribedfor ordinances generally,except that itshallbe plainly designated asan emergency ordinance andshall contain,after the enacting clause,a declaration stating that an emergency existsanddescribingitin clear andspecific terms.An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of four members present shallbe required for the adoption of an emergency ordinance.Afterits adoption,the ordinance shallbe published as prescribed for other adopted ordinances.Itshall become effectiveupon adoption or atsuch later date asitmay specify.Every emergency ordinance shall automatically stand repealed asof the 31st day following the date onwhichitwas adopted but thisshall not prevent re-enactment of the ordinances in the manner specified in this section,if the emergency still exists.An emergency ordinance mayalsobe repealed by adoption ofa repealing ordinance in the same manner specifiedinthissectionfor adoption of emergency ordinances.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page13 of 40 ARTICLE II (Cont'd) SECTION 7.Officers A.Appointments.The Commission shall appoint the following,who shall be officers of the City who shall serve at the pleasure of the Commission: 1.ACity Manager as prescribed in Article III. 2.ACity Attorney and such Assistant City Attorneys as may be necessary who shall actas the legaladvisorfor the municipalityandall of its officers in matters relating to their officialpowersandduties.TheCity Attorney shallbealawyer of atleastfiveyearspracticein the Courts of the State of Florida immediately preceding the time of hisorher appointment.Heor she shallprepareor review all ordinances,resolutions,contracts,bonds and other written instruments inwhich the municipalityisconcernedandshall endorse oneachhisorherapproval of the form,languageand execution thereof.Whenrequiredby the Commission,heorshe shall prosecute and defend,forandin behalf of the City,all complaints,suits,andcontroversiesin which the Cityisaparty,before anyCourtor other legally constituted tribunal;heorsheshall render suchopinionsonlegal matters affecting the City as the Commissionmaydirect;andheor she shall performsuch other professionaldutiesasmayberequired of himorherbyOrdinance or Resolution of the Commission orby this Charter. 3.A City Clerk andsuch deputies that maybe necessary,who shallgive notice and attend allCommission meetings,keep the minutes andrecords of all of the proceedings of the Commission,preserve all books,papers andwriting of allkinds committed to hisor her care duringhisorhertenure;keep the corporatesealoftheCityandaffix the sealwhen lawfully directed;administeroaths;havechargeoftheconductof municipal elections;;andperformsuch other duties asshallberequiredbythisCharterorbyGeneralLaws of the State of Florida unless restrictedby the HomeRule Amendment provisions of Miami-Dade DadeCounty.(Amended 2/8/00)(Amended 2/11/14) B.Compensation The salariesand expense accounts of all officers shallbe prescribedby ordinance andfixedin the annual budget. C.Vacancies TheCityCommissionshallhave power in the absence,sickness or disqualification of any of these officerstoappointasuccessorandshould the Commission not do sowithinthirty (30)daysaftersuch occurrence,it shall bethedutyofthe Mayor toappointa successor. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page14 of 40 ARTICLE II (Confd) SECTION 8,Boards and Committees A.Appointments WhenaBoardorCommitteeis comprised offive members,each CityCommissionershall appoint onepersontoserveasa representative on the Boardor Committee.Whentherearemorethan five (5)members ona Board or Committee,each City Commissionershallappoint one persontoserveasa representative on the BoardorCommittee, andallmembersofsuch Board or Committee in excess of five (5)shall beappointedby three (3) affirmative votesofthe City Commission basedon recommendations submittedbyany City Commissioner.WhenaBoardor Committee hasless than five(5)members,then the selection of allmembers shall beby three (3)affirmative votesofthe City Commission from recommendations submitted byany City Commissioner.(Amended2-09-10) B.Ordinance Provisions Forany Board orCommittee hereinafter establishedby ordinanceorresolution,the Commission,shallprovidefor the following:(Amended 2/11/14) (1)numberofmembersandwhoappointsornominatesthem,including any qualifications required. (2)term of members (3)quorum for meetings (4)duties of boards and committees (5)presentation ofactionsof the boardor committee to CityCommission (2/8/00)(Amended 2/11/14) C.Planning Board There shallbeaPlanningBoard composed of residents of South Miami.Noduly elected official,officeror employee of the Cityshallbean appointeehereunder. Notwithstanding any other provisionofArticle II,butnotbywayoflimitation,the ordinance creating thisBoardshall contain the followingprovisions:(Amended 2/11/14) 1.ThePlanningBoardshallbea continuous bodyandshallbe composed of seven (7) members.TheBoardshall investigate and recommend to the Commissionsuch changes in the boundaries of the varioususe districts,zoningregulations,use of land and type of construction, locations anduseofall structures onanyvalid appointment submitted to it.(Amended 2/11/14) In arriving at its recommendations,the Boardshall consider,but not by way of limitation, the character of the area,the suitability of particular uses,the conservation of the property values and the direction ofbuilding development.In addition,the Boardshall investigate and make recommendations to the Commissionon matters affecting redevelopment,rehabilitation, conservation and renewal progress toward the alleviation of a slum or blighted areas and such other conditions asmayinjuriously affect the City. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page15 of 40 ARTICLE II (Confd) 2.Any recommendations of the Board which affect use of land or structures or concern redevelopment,rehabilitation,conservationorrenewal shall notbeadoptedby the City Commissionuntilapublic hearing thereon.Noapplicationforzoning changes shallbefiledin the name of the City without priorapprovalof the City Commission.Thereshallbenochangein zoningorany amendment to the zoninglawsunless proposals forsuch changes havefirst been received by the Planning Board. SECTION 9,Investigations Notwithstanding any other provisions ofthis Charter,the Commission or its authorized representative or representatives maymake investigation into the affairsof this Cityand the conductofany City department,Board,Officer or Agency andforthispurposemaysubpoena witnesses,administer oaths,take testimony andrequire the productionofevidence.Anyperson whofailstoobeyalawful order issuedin the exerciseof these powersby the Commissionshall beguiltyofa misdemeanor andpunishablebyafineofnotmorethan$500.00orby imprisonment for not more than six months,or both. SECTION 10,CMI Service/Merit System The City Commissionshallestablisha civil servicesystemorameritsystemcoveringand embracing the salaried employees of the City ofSouth Miami,except where inconflict with any other provisions of this Charter. SECTION 11.Departments Except as may be otherwise provided by statute or this Charter,the Commission shall establish,by ordinance,such departments of the Cityasit deems necessary or advisable and prescribe the functions of all departments,and duties,authorities and responsibilities of the department heads.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page16 of 40 ARTICLE III THE CITY MANAGER SECTION 1.Appointment TheCityCommissionshall appoint aCity Manager by the affirmative vote of a majority of the members of the City Commission. SECTION 2.Qualifications The Manager shall be appointed solelyon the basis of his or her executive and administrative qualifications withspecific reference to his or her professional training and experience inmunicipal government.Heor she shallbea graduate of a recognized school of government or have experience equivalent thereto. SECTION 3-Removol TheCity Commission may remove the City Manager fromofficeby affirmative vote ofa majority of allofits members,with or without cause.Ifhisor her removal is without cause,the City Manager shallreceivehis or hersalaryfor thirty (30)days immediately following the adoption of the resolutionremovinghimorherfromoffice.The City Manager,after ninety(90)daysof continuous absence shall be removed from office. SECTION 4,Acting City Manager A.Recommendation The Manager may recommend,by letter filedwith the City Clerk,subject to the approvalof the Commission,aqualifiedCityadministrativeofficerto exercise the powersandperform the duties of the Managerduringany temporary absence or disability.Suchacting City Managershallnotserveforaperiodlongerthan90days.During such absenceor disability,the Commission maydeclinesuchrecommendationatanytimeandappoint another officerof the Cityto serveuntil the Managershallreturnorhisdisabilityshallcease. B.Failure toRecommend Duringsuch absence ordisabilityas set forth in (A),if the City Managerfailsto recommend anActing City Manager,the CommissionshallnameanActing Manager to serve at the pleasure of the Commission. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page17 of 40 ARTICLE III (Confd) SECTION 5.Powers and Duties The City Manager shall be the chief executive officer and head of the administrative branch of the City government.Heorsheshallbe responsible for the proper administration ofall affairsof the City.Heor she shallhave the following powersand duties to:(Amended 2/11/14) A.Appoint and,when necessary for the good of the City,remove any non-elective officersoremployeesof the City (exceptingthoseauthorizedtobeappointedandremovedby the City Commission),providingsuchremovalis legally permissible.However,the City Manager may not appoint any department director without firstobtaining the consent ofamajorityof the members of City Commissionatadulynoticed City Commission meeting.Procedures for presentation of the Manager's candidates to the City Commissionmaybespecifiedby ordinance. (Amended 11/02/10)(Amended 2/11/14) B.Prepare the budget annually and submit it to the Commission and be responsible for its administration after adoption. C.Submitto the Commissionandmakeavailableto the publica report everymonth on the finances and administrative activitiesof the City,together with hisorher recommendations. D.Prepare and submit to the Commission at the end of the fiscal year a complete report on the financesandadministrative activities of the City for the precedingyear. E.Directand supervise the administration ofall departments,officesandagencies of the City,exceptas otherwise providedbythisCharterorbylaw.(Amended 2/8/00) F.Attend all Commission meetings with the rightto take part in discussion. G.Perform such other duties asarespecifiedin this Charter orwhichmaybe required by the Commission. H.Contract for the purchase of any goods or services for any department of the City inan amount uptoand including ($5,000.00.All contracts for goods and services inexcess of $5,000.00shallbe approved by the City Commission.TheCityManagershall report all expenditures to the City Commission monthly.(Amended 2/8/00) All purchases shallbe approved after competitive conditions shallhave been maintained and competitive bids sought from at least three different sources of supply if available,such determination tobe made by the Commission,and,notwithstanding the foregoing,the Citymay SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page18 of 40 ARTICLE III (Cont'd) make purchases through other governmental agencies that havefollowedsimilarbidding procedures.This subsection does not applyto the purchaseoflegaland expert services that have been approved by the CityCommission.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page19 of 40 SECTION 1.Fiscal Year ARTICLE IV FINANCE Thefiscal year of the CityofSouthMiamishallbe the same as that set byMiami-Dade County or its successors.(Amended 2/11/14) SECTION 2.Budget A.TheCity Manager shall submit to the Commission,60daysprior to the beginning of the fiscalyear,an annual budget together withan explanatory message.Thebudget,budget message and all supporting schedules,shallbeapublic record open topublic inspection. (Amended 2/11/14) B.Public Hearings At-4 Jhe meeting of the Commission at which the budget and budget message are submitted7 shall be held in accordance with State law as may be amended from time to time,tho Commission shall determine tho time and place for a public hearing on tho budget,at which time,interested persons shallbogivonan opportunity to be hoard.The City Clerkshall post a notice of tho placo and timo not loss than fivo days after tho date of posting at which timo tho Commission willholdapublic hearing.(Amended 11/08/16) C.Adjustments Any and all adjustments made tothebudgetafterthe conclusion of the public hearing at which the budget and budget message were submitted must be made in accordance with State law as may be amended from time to time.Aftor conclusion of such public hearings,tho Commission may insort now itoms or may incroaso,docroaso or doloto tho items of tho budget;provided,however,if the total of proposed expenditures bo incroased thereby,then and in that event,the City Clork shall post a notice sotting forth tho nature of the proposed incroaso and listing a place and time not loss than fivedays aftor tho date of posting of tho public hearing thoroon.(Amended 11/08/16) D.Adoption The budget shallbe adopted by three affirmative votes of the City Commission before the firstdayof the new fiscal year.Should the Commission take nofinal action on or prior to the date,the budget,as submitted,shallbe deemed to have been finally adopted by the Commission,provided that if the provisionfor funds in any department or departments exceeds (10%)of the previous year's budget,then as to that department or departments the Commission shallbe deemed to have approved the previous year's budget. (Amended 2/8/00) E.Certification A copy of the budget asfinally adopted shallbe certified by the City Manager and the budget so certified shall befiledfor the useofall offices and departments. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page20 of 40 ARTICLE IV (Cont'd) F.Modifications (1)Transfer of Appropriation At the request of the City Manager,the Commissionmay at any time transfer,by resolution,any unencumbered appropriation balance or portion thereof between general classification of expenditure withinanofficeor department.At the request of the City Manager andwithin the last three months of the budget year,the Commissionmay,by resolution,transfer any unencumbered appropriation balance or portion thereof from one office or department to another. (2)Emergency Appropriation Incaseof disaster orany other circumstance creating an emergency,the Commission mayatanytimeinany budget year,makean emergency appropriation for the purpose ofrepairingdamagescausedbysuch disaster or meeting such publicemergencytotheend that public health,safetyorwelfare will be protected.In any budget year where circumstancescreatingsuchanemergencyhavearisen,the Commission may, upon recommendation of the CityManager,authorize the borrowing of money by the issuance of negotiablenotesofthe City.Such notes shall notexceed 10%ofthetotaloperating appropriations in the current year andmaybe renewed fromtime to time;but allsuchnotes, together with the renewals,shallmatureandbepaidnotlaterthan the endofthe fiscal year after the budget year inwhich the original notes shallhavebeenissued.Such notes shallnot constitute a general obligationnorapledge of adValorem tax revenues.Notesmay not besold at lessthanparandaccrued interest atprivatesalewithoutpreviousadvertisement. SECTION 3.Revenues A.Taxation TheCommissionshalllevysuch taxes as authorized bylawto meet the appropriationsmadenotlaterthanthenext Commission meetingafteradoptionof the budgetas providedinArticle IV,Section2 D.If the Commission shallrefuseorneglecttopassan ordinance levying thetaxesforany budget year,theordinancelast previously passed levying taxesshall continuein full forceandeffectandafailuretopassacurrentordinanceshallinnoway invalidate the collection ofany taxes. B.Bonds TheCityshallhave the power toissue bonds,certificates of indebtedness and anyformoftax anticipation certificates,payable from ad valorem taxationandmaturingmore thantwelvemonthsafterissuanceonlyto finance or refinance capitalprojects.Voter referendumapprovalforbondsandotherformsofindebtedness shall beasprovidedbythe Florida constitution.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page21 of 40 ARTICLE IV (Cont'd) SECTION 4,Administration A.Control TheCity Manager shall have charge of the administration of the financial affairs of the Cityin accordance with Article III,Section 5. B.Custody of PublicFunds TheCity Manager shall have custody of all public funds belonging to or under control of the City or any office or department thereof,and deposit allfund coming into his or her custody in such depositories as may be designated by Resolution of the Commission.(Amended 2/11/14) C Approval of Expenditures TheCity Manager shall approve all proposed expenditures in accordance with the approved budget,but,unlesshe or sheshall certify that there isan unencumbered balance of appropriation and available funds,no appropriation shall be encumbered andno expenditure shallbe made.(Amended 2/11/14) D.Multi-annual Contracts No contract involving the payment of money out of the appropriations of more than one year shallbe made fora period of more than five years,nor shallany such contract bevalid unless made or approved by resolution or ordinance adopted by the Commission after a public hearing.TheCommissionshall provide budget and appropriate funds in each succeeding budget for contracts extending more than one year.This section shall not restrict the term of General Obligation or Revenue Bonds.(Amended 2/14/06)(Amended 2/11/14) E.Audit The Commission shall designate a qualified Certified Public Accountant who, at the end of the fiscal year and at such other times as ordered by the Commission,shall make an independent examination in accordance withgenerally accepted auditing standards andreview of accounts and other financial transactions by the City and shall submit such report,together with recommendations for improving fiscal control,to the Commissionand to the City Manager. The accountant shall have no personal interest,direct or indirect,in the fiscal affairs of the City government or any of its officers.The accountant shall not maintain any accounts or records of the City business,but within specifications approved by the Commission,shall post-audit the annual financial statements of the City and all accounts kept by any office or department of the City.The Certified Public Accountant shall not serve as the city's independent auditor for more than three consecutive years.(Amended 2/8/00) F.Performance-based audit.The City Commission shall require a performance-based audit for each department at least once every five years.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page22 of 40 ARTICLE V ELECTIONS SECTION 1,Qualifications A.Voters;Any person who isaduly registered voter ofMiami-DadeCounty and who hasbeenalegal resident ofthe City ofSouth Miami foraperiodofnoless than thirty(30)days immediately before the date of the election. B.Candidates;The City Clerkshallcertify that a candidate for election to the Office of the Mayoror Commissioner,nolessthan60dayspriortoadulyscheduledelectionhas: (Amended 2/11/14) (1)Exhibited to the Clerk proof that heorsheisqualified elector of the City of South Miamiandhascontinuouslyresidedin the CityofSouthMiamiina structure designated as residential property forat least one (1)year immediately before the date of the election. (Amended 2/8/00) (2)Each personseekingtoqualifyfornomination or election to amunicipaloffice shallpay,at the time of qualifying foroffice,anelection assessment feeinadditiontoaqualifying filing feeof $100 paidtothe City Clerk.Therequirementstopayanelectionassessmentfeeand aqualifying fee maybewaivedasprovidedby state law.(Amended 2/8/00) (3)Taken the following prescribed sworn oath: "I hereby accept the nomination forMayor/Commissioner,and agree to serve,if elected,and further that I hereby make the following oath: State of Florida County of Dade Beforeme,anofficer authorized to administer oaths,personally appeared tomewellknown,who,being duly sworn,says that he/she isacandidatefor the officeof ,that he/she isa qualified elector ofMiami-DadeCounty,Florida,and the City ofSouthMiami;and that he/she is qualified under the Constitution and the lawsof Florida,and the Charter of the CityofSouth Miami to hold the office to which he/she desires to be nominated or elected;that he/she has taken the oath required byFlorida Statutes;that he/she hasnotviolatedanyof the lawsof the State relating to elections or the registration of electors;that he/she has qualified forno other publicofficein the State the term ofwhichofficeorany part thereof runs concurrent (with that of)the office he/she seeks;that he/she hasresignedfromanyoffice(from)which he/she is required to resign pursuant to ss.99.012,Florida Statutes;and that he/she has submitted a SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page23 of 40 ARTICLEV (Cont'd) sworn statement of contributions and expenditures,ifany incurred,prior to the time of qualifying and since the last preceding general election.(Amended 2/11/14) Signature of Candidate Address Signature and Title of person administering oath (4)No appointed officer or employee of tho City of South Miami,shall be certified for nomination of any elected position in the City of South Miami. {§•)Anyofficialof the City of South Miami who is elected or appointed to any office and qualifies for an elective office outside the City of South Miami shall forfeit his (her)office by the fact of such qualification. (64)No person shall be certified for nomination toan elective office in the City of South Miami who concurrently has qualified for nomination of or is concurrently holding an elective office outside the City of South Miami. (75)Any person who qualifies foran elective office outside the City of South Miami after having qualified foran elective office in the City of South Miami shallby the fact of such qualification become disqualified for nomination in the City of South Miami and his (her)name shall be stricken from the ballot. (Amended 11/08/16) SECTION 2.General Elections A.Time General elections for the Commission shall be held during February of each even year,the day,place and time to be set by ordinance,atwhich time the Mayor shallbe elected to a term of two years and two Commissioners shall be elected to terms of four years.(seeArt.n,sec.2) B.Mode The office of the Mayor and Commission seats shallbefilledon the basis of the highest number of votes received by the candidates.At each general or special election where there are at least two (2)Commissioners to be elected,the election shall be conducted on a group basis for each member of the City Commission to be elected.Each Commission seat to SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page24 of 40 befilledatsaid election shallbedesignatednumerically,andeachcandidatefor the City SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page25 of 40 ARTICLEV (Cont'd) Commission shall designate in which numerical grouping he or she is to bea candidate.No candidate shallrunfor office in more than one numerically designated group. C.Unopposed candidates The names ofall unopposed candidates shall be placed on the ballot.The votes for unopposed candidates shallbe counted and published.(Amended 2/8/00) D.Term Limits for the Mayor and City Commissioners No person may appear on the BallotforElectionas Mayor or City Commissioner if,by the end ofhis or her current term of office,the person willhave served (or,butfor resignation would have served)inofficeas the Mayor orasaCity Commissioner fora total ofnine years or more.(Amended-Added 11/02/10) SECTION 3.Special Elections As prescribed under Article II,Section 4B. SECTION 4.Runoff Elections In the event ofa tie vote,runoff elections shallbeheld,if necessary,within thirty (30) daysfrom the date of the canvass of the votes castat the regular elections. SECTION 5.Procedures A.Provisions TheCity Commission shall provide,by ordinance,for the procedures of elections not inconsistent with State law.(Amended 2/11/14) B.Canvassing Board Committee Upon the closingof the polls and the casting of the ballotby the last person then entitled tovote,the CanvassingBoard Committee,comprised of the majority of tho Commission City Attorney,orhis or her designee,County Supervisor of Elections,orhisorher designee,andthe City Clerk,orhisorher designee shallpubliclyrecord the resultsof the electionandproceedto tabulate the absentee ballotsandcertify the results. (SeeArt.II,Sec.2)(Amended 11/08/16) C.Installation At 8:00 P.M.on the dayfollowinganyCity election in the CityofSouth Miami,the Commissionshall meet inspecialsessionfor the sole purpose ofreceiving the certified report of the Canvassing Committee and thereupon the installingofficer,selected bythe duly elected incomingMayor,shallinstall the newly elected MayorandCommission members after they shall have taken the prescribed oath ofoffice. D.Oath of Office Every officer of the Cityshall,before entering upon the duties ofhisorher SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page 26 of 40 ARTICLE V (Cont'd) office,takeandsubscribeto the followingoathoraffirmationtobefiledandkeptin the officeof the CityClerk. "I solemnly swear (oraffirm)that I will support the constitution andwill obey the lawsof the United States andof the State of Florida;that I will,inall respects,observe the provisionsof the Charterand the Ordinancesof the City ofSouth Miami and will faithfully discharge the duties of the Office of SECTION 6,Initiative and Referendum A.General Authority (1)Initiative Thequalified voters of the Cityshallhave power to propose ordinances to the Commission and,if the Commissionfails to adopt an ordinance so proposed without any change in substance,to adopt or reject it at a City election,provided that such power shall not extend to the budget or capital program orany ordinance relating to appropriation of money, levy of taxes or salaries ofCityofficers or employees. (2)Referendum Thequalifiedvotersof the City shallhave power torequire reconsideration by the Commission of any adopted ordinance and if the Commission fails to repeal an ordinance so reconsidered,to approve or reject it at aCity election,provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. g.Commencement of Proceedings.Petitioners:Committee:Affidavit A minimum of 100 qualified votes may commence initiative or referendum proceedings byfiling with the City Clerkan affidavit stating that they will constitute the petitioners'committee and be responsible for circulating the petition andfilingitin proper form,stating their names and addresses and specifying the address to whichall notices to the Commission are to be sent and setting out infull the proposed initiative ordinance orciting the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners'committee isfiled,the CityClerkshall issue the appropriate petition blanks to the petitioners'committee. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page27 of 40 ARTICLE V (Cont'd) C.Petitions (1)Number of signatures.Initiative and referendum petitionsmustbesignedby qualifiedvotersof the City equalinnumbertoatleast15%ofthetotalnumberofqualified voters registered to vote in the last regular City election. (2)Form andContent All papersofapetitionshallbeuniforminsizeandstyleand shallbe assembled asone instrument for filing.Each signature shallbe executed ininkor indeliblepencilandshallbefollowedby the address of the person signing.Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3)Affidavit of Circulator Each paper ofa petition shall have attached to it,when filed,an affidavit executed by the circulator thereof,stating that heor she personally circulated the paper,the number of signatures thereon,that all the signatures were affixedinhis or her presence,the he or she believes them to be the genuine signatures of the persons whose names they purported to beand that each signer hadan opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (4)TimeforFiling Initiative or Referendum Petitions.Petitions must befiled within thirty (30)days after the Commission hasfailed to adopt a proposed ordinance orfailed to reconsider an adopted ordinance when requested to doso. D.Procedure after Filing. (1)Certificate of Clerk;Amendment.Within ten (10)days after the petition isfiled, the CityClerkshall complete a certificate as to its sufficiency,specifying ifitis insufficient,the particulars wherein itis defective and shall promptly send acopy of the certificate to the petitioners'committee by registered mail.A petition certified insufficient for lackof the required number of valid signatures maybe amended once if the petitioners'committee filesa notice of intention to amend it with the Clerk within two days after receiving the copy of his or her certificate,andfilesa supplementary petition upon additional papers within ten (10)days after receiving the copy of such certificate.Withinfive(5)days after such supplementary petition is filed,the Clerkshall complete a certificate asto the sufficiency of the petition as amended and promptly send acopyofsuch certificate to the petitioners'committee by registered mail.Ifa petition or amended petition is certified insufficient and the petitioners'committee does not elect to amend or request Commission review under subsection 2,below,within the time required,the Clerkshall promptly present his or her certificate to the Commission and the certificate shall then be afinal determination as to the insufficiency of the petition. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page28 of 40 ARTICLE V (Cont'd) (2)Commission Review If a petition has been certified insufficient and the petitioners1 committee does not filea notice of intention to amend it or ifan amended petition has been certified insufficient,the committee may,within two (2)days,after receiving the copy of such certificate,filea request that itbe reviewed by the Commission.The Commission shall review the certificate atits next meeting following the filingofsuch request and approve or disapprove it,and the Commission's determination shall then beafinal determination as to the sufficiency of the petition.However,the Commission shall not declare a petition to be insufficient unless the findingsof the CityClerk are illegalor are factuallyin error. (E)Referendum Petitions:Suspension of Effect of Ordinance. When a referendum petition isfiledwith the CityClerk,the ordinance sought tobe reconsidered shallbe suspended from taking effect.Such suspension shall terminate when: (1)Thereisafinal determination of insufficiency of the petition;or (2)The petitions'committee withdraws the petition;or (3)TheCommission repeals the ordinance. (F)Actions on Petitions (1)Action bv Commission Whenan initiative orreferendumpetitionhasbeen finally determined sufficient,the Commission shallpromptlyconsider the proposed initiative ordinance in the manner providedinArticle II orreconsider the referred ordinance byvotingitsrepeal.If the Commission fails to take actiononaproposedinitiativeordinancewithoutanychangein substancewithinthirty (30)daysorfailstorepeal the referredordinancewithinthirty (30)days afterthedateofthepetitionwas finally determined sufficient,itshallsubmit the proposedor referred ordinance to the voters of the City. (2)Submission toVoters Such City electiononaproposedorreferredordinanceshall beheldnotlessthanthirty (30)daysandnotlaterthanseventyfive(75)daysfrom the date of the final Commission votethereon.Ifnoregular City electionistobeheldwithintheperiod prescribedinthis subsection,the Commissionshallprovideforaspecialelection otherwise the vote shallbeheldat the same time assuchregular election.Copiesof the proposed or referred ordinanceshallbemadeavailableat the polls,andat City Hall atleastfifteen(15)dayspriorto the election thereon. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page29 of 40 ARTICLE V (Cont'd) (3)Withdrawal of Petitions.Aninitiativeor referendum petitionmaybe withdrawn at any time priorto the tenth day preceding the day scheduled fora vote by the electors byfiling with the City Clerk a request forwithdrawalsignedbyatleast twenty (20)members of the petitioners'committee.Uponfilingsuch request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (6)Results of Election (1)If15%of the qualified electors voteona proposed initiative ordinance anda majority vote initsfavor,itshallbe considered adopted upon certification of the election results andshallbe treated inall respects in the samemannerasordinancesof the samekind adopted by the Commission.Ifconflicting ordinances are approved at the same election,the one receiving the greatest number ofaffirmativevotesshallprevail to the extent ofsuchconflict. (2)If 15%of the qualifiedelectorsvoteonareferredordinanceandamajorityvote against it,itshallbe considered repealed on certification of the election results. (3)An ordinance adopted by the electorate throughinitiatoryproceedingsshallnot be amended or repealed by the Commissionfora period of one year after the election at whichit was adopted but thereafter itmaybe amended or repealed bya 4/5 vote. (4)Afterareferendumpetitionhasbeen filed,if the Commission repeals the ordinance involved before the petitionisvoteonby the electorate,then theCommissionmay not reconsider such ordinance fora period ofone(1)year after its repeal. (H)Recall ACommission member mayberecalledasprovidedby state law.(Amended 2/8/00) SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page30 of 40 ARTICLE VI GENERAL PROVISIONS SECTION 1,Conflict of Interest The City Commission shall,by ordinance,enact aconflict of interest ordinance,which shall be at least equal to the standards of conduct forpublicofficers and employees as set forth in the state statutes and the Miami-Dade County code.A Commission member may not serve asa voting member ofany board that reports to the Commission.(Amended 2/8/00) SECTION 2.Bonding All employees of the finance department,andany other officeror employee required by the CityCommission,shallbe bonded inan amount andbya surety that is approved by the Commission.The premiums on bonds shallbepaidby the City.(Amended 2/8/00) SECTION 3,Publication Requirement Whenever publication is required herein,such publication shallbe made by posting,at a conspicuous placein the City Hall,for the requisite periodand,if the publicationisofan ordinance,said ordinance shall,at least ten (10)dayspriorto adoption,be noticed once ina newspaper of general circulation in the City of South Miami.The notice of proposed enactment shall state the date,time and place of the meeting,title or titles of the proposed ordinance,and the place or places within the City of South Miami where such proposed ordinance may be inspected by the public.Said notice shallalso advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. SECTION 4.Franchise (A)Definitions: (1)The word "franchise"shall mean all contracts,including anyand all agreements of whatever nature,that grant aright to usereal property owned by the City of South Miami, including leases,when the contract or agreement provides fora term greater than three (3)years andwith two (2)one (1)year extensions ,or grants,gives,conveys,mortgages,encumbers or otherwise givesa person any interest in any real property owned by the City of South Miami for a limited term of years. (2)The word "person"shall mean any individual,legal entity or any other entity,legal or otherwise. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page31 of 40 ARTICLE VI (Cont'd) (3)Theword"newspaper of general circulation"shall meananewspaper of general circulationin the City of South Miami.(Amended 2/11/14) (4)Theword "local newspaper"shallmeana newspaper distributedin the City of South Miami,whether free to itsreadershipor otherwise available. (B)Restrictions: TheCity of South Miamishall not enter intoanyfranchise contract or agreement,as defined inthisSection,to or with anyperson,asdefinedinthisSection,norshall the City renew anexistingfranchise,grantan extension to the franchise term orinany other waymakea material change toan existing franchise contract or agreement unless the City enacts an ordinance,inaccordancewith the requirements of thisSection,approving the contractor agreement. (C)Requirements: All proposed ordinances approving any franchise contract or agreement,the renewal of an existing franchise,the grant of an extension to the franchise term orany material change to an existingfranchise,mayonlybe enacted ifapprovedbya vote of 4/5 of all members of the City Commission.The term limit forall franchise contracts or agreements,as defined in this Section, includinganyrenewalor extension to the term of same,shall be(50)years.Nochangein ownership or control of anartificial person with whom the City has entered into a franchise contract or agreement,as defined by this Section,norshall any ownership or control be transferable inany way,including but not limited to assignments and conveyances of an ownership interest,unless itis approved byan ordinance enacted by members of the City Commission.The enactment of all ordinances required by this Section shall be heard at two public meetings/hearings and the title of the ordinanceshallbepublishedina newspaper of general circulation,as defined in this Section,anditshallalsobe published inalocal newspaper, as defined in this Section,atleastfive(5)days before the first meeting (firstreading of the ordinance).At least ten (10)days before the second andfinal reading of the franchise ordinance, its title shall be published ina newspaper of general circulation and,in addition,itshall be published inalocal newspaper,if available,soas to provide as much notice as possible,but,in any event,the notice need not exceed ten (10)days before the second reading.The timeliness of the publication in the local newspaper shall not be grounds for challenging the ordinance unless sucha newspaper isavailablefor publication and then only ifit was published less than five(5) days before the second reading. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page32 of 40 ARTICLE VI (Cont'd) (D)Custodian of Documents: Copiesofall transfers,mortgages,encumbrances,changes in ownership or control,or other documents affecting the title or useofreal property owned by the City shallbefiledwith the City Manager andCityClerkon or before the date of the firstpublicationof the title to the proposed ordinance,as required by this Section. (Amended 2/14/12) SECTION 5,Powers of the Citv TheCityofSouthMiamiexercisingitspower under State Law,mayexceed,by ordinance, anylimiting feature of the State Lawunless the sameisprohibitedunder the HomeRule Amendment and Charter of Metropolitan DadeCounty. SECTION 6,Autonomy Neitherthe Commission noranyofitsmembersshalldirector request the removalofany personfromofficeby the City Managerorbyanyofhisorhersubordinates,orinany manner takepartin the removal ofofficersandemployeesinthe administrative serviceof the City. Exceptfor the purposeof inquiry andforthepurposeofinterviewingany candidate for department directorpriorto appointment bythe City Managersubjectto the City Commission's approval,the Commission and its members shall deal with the administrative servicesolelythrough the CityManagerand neither the Commissionnorany member thereof shallgiveorderstoany subordinates ofthe City Manager,either publicly or privately.This sectionshallnotapplytoofficers appointed underArticle II,Section7ofthisCharter.(Amended 11/02/10) SECTION 7,Amendments ThisChartermaybealteredoramendedatanytimeasprovidedby the Home Rule AmendmentandCharterofMetropolitanDadeCountyor as providedbythe Florida Statutes, whichever shall prevail and be in effect. SECTION 8,Ratification All officials actsandordinancespassedbythe City,including anyordinancesannexingcertain unincorporated territory to the City andtherebyenlargingitsboundaries,done priorto the passageofthisactareherebyratified,curedandmade legal as fully andcompletelyasthoughall requirements and details byany general orspeciallaw government relating to the same have been done and performed. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page33 of 40 ARTICLE VI (Cont'd) SECTION 9.Invalidity If any section or part of section of this Charter shallbe held invalidbya Court of competent jurisdiction,such holding shall not affect the remainder of this Charter nor the context inwhich such section or part of section soheldinvalidmay appear except to the extent that an entire section or part of section may be inseparably connected in meaning and effect,with the section or part of section inwhichsuch holding shalldirectlyapply. SECTION 10.Acceptance This Charter shall become effective uponitsbeing approved byamajority of the qualified electors of the Cityof South Miami voting at a referendum election to becalled for that purpose by the CityCommission of South Miamiin accordance with Section 5.03 of the Metropolitan Dade County Charter and upon being filedwith the Clerkof the CircuitCourtas provided insaid Charter. SECTION 11.Repeal Any and all special acts of the State ofFloridainconflict are hereby superseded. SECTION 12.Transition A.Upon adoption of this Charter as herein provided,the Codeof Ordinances,City of South Miami,andall other ordinances and resolution theretofore passed and adopted shall continue infull force and effect until thereafter amended,superseded or repealed;andall officers,employees and appointees of the Cityshall continue inofficefor the terms to which they were elected or appointed. B.No action or proceeding,civil or criminal,pending at the time of this Charter shall take effect,brought byor against the City oranyoffice,department oragencyor official thereof,shall beaffectedor abated by the adoption ofthisCharterorbyanythingherein contained;butall such actions or proceedings maybe continued notwithstanding that functions,powers and duties ofanyoffice,department oragencyorofficer thereof,party thereto may,byor under this Charter beassigned or transferred to another office,department or agency orofficer;but,in that event,the same maybe prosecuted or defended by the headof the office,department oragency towhichsuchfunctions,powers and duties have been assignedor transferred byor under this Charter. C.The title,rights and ownership of property,uncollected taxes,claims,judgements, decrees,liens,suits,actions andchoicesinaction,of whatsoever kindor nature heldorownedby SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page34 of 40 ARTICLEVI (Confd) the existingmunicipalityshallnotbe affected orabatedby the adoption ofthisCharter. D.No debt or contract of the present municipality,includingbutnotlimitedto bonds or certificates of indebtedness,heretofore issued,shallbeimpairedoravoidedby the adoption of this Charter. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page35 of 40 Schedule (A) Boundaries Beginning at a point in the center of Southwest 57 Avenue at the Southeast corner of Section 36, Township 54 South,Range40East;thence running Northerly along the Eastline of Section 36, and Section 25,Township 54 South,Range 40East,saidline being the center line of Southwest 57 Avenue (RedRoad)a distance of approximately 7,920 feet,to the Northeast corner of the Southeast quarter of aforesaid Section 25;thence running Westerly along the Northline of the aforesaid Southeast quarter of Section 25,the same being the center line of Southwest 64 Street (HardeeRoad)approximately 1,660 feet to the Eastline of HAMLET,said point being the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of the Northeast quarter of aforesaid Section 25 thence running Northerly along the Eastline of HAMLET and AVOCADOHOMESa distance of 1,988.2 feet,more or less,to the Northeast corner of the West half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 25,thence running Westerly to the Northwest corner of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 25,aforesaid,a distance of 336.08 feet, more orless;thence running Northerly along the Eastline of the Northwest quarter of Northwest quarter of Northeast quarter to the North line of aforesaid Section 25 (center line of Southwest 56 Street,sometimes known asMillerDrive)a distance of 663.53 feet,more or less;thence running Westerly along the Northline of Section 25,Township 54 South,Range40East,saidline being the center line of Southwest 56 Street,to the Southeast corner of the West half of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section24,Township 54 South,Range40East,a distance of 1,011.45 feet,more orless,thence running Northerly along the Eastline of LA HAMACA SUBDIVISION,to the Northeast corner of the Southwest quarter of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 24,aforesaid, a distance of 1,024.81 feet,more of less,thence running Westerly a distance of 337.59 feet,more orless,to the Northwest corner of the Southwest quarter of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 24,aforesaid,said point being in the center line of Southwest 63 Avenue;thence runningNortherlyalong the center line of said Southwest 63 Avenue a distance of 343.07 feet,more orless,to the Northeast corner of the East half of the West half of the Southeast quarter of the Southwest quarter of Section24,aforesaid; thence running Westerly a distance of 337.59 feet,more orless,to the Northwest corner of the Easthalf of the West half of the Southeast quarter of the Southwest quarter of Section 24;thence running Southerly a distance of 1,371.49 feet,more or less to the center line of Southwest 56 Street (MillerRoad)at the Southwest corner of the East half of the West half of the Southeast quarter of the Southwest quarter of Section24aforesaid;thence running Westerly along the center line of South west 56 Street,saidline being the South line of Section 24 aforesaid,to the Southeast corner of the Southwest quarter of the Southwest quarter of Section24,aforesaid,a distance of 337feet,more orless,thence runningNortherlyalong the Eastline of the Southwest quarter of the Southwest quarter of Section 24,a distance of 660 feet,more or less to the North line of the South half of the Southwest quarter of the Southwest quarter of aforesaidSection24; thence running Westerly alongsaidNorthlineof the Southhalf of the Southwest quarter of the Southwest quarter of Section 24,to the Southwest corner of the East half of the Northeast SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page36 of 40 quarter of the Southwest quarter of the Southwest quarter of Section24,adistance of 337feet, more orless;thence runningNorthalong the West lineof the East halfof the Northeastquarter of the Southwest quarter of the Southwest quarterofSection24,adistanceof660feet,moreor less,to the Northeastcorner of the West halfof the Northeast quarter of the Southwest quarter of the Southwest quarterofsaidSection 24;thencerunningWesterlyalongtheNorthline of the West halftotheNortheastquarter of the Southwestquarter of the Southwestquarterofsaid Section24,adistance of 330feet,more orless,to the Northeastcorner of the Northwest quarter of the Southwest quarter of the Southwest quarter of aforesaidSection24,saidpointbeingin the center line of Southwest 65 Avenue,at the Northeast corner of GRANDVIEWPARK SUBDIVISION;thence runningNorthalong the East line of the West half of the Northwest quarter of the Southwest quarter of Section24,totheNorthwestcornerof the Southeastquarter of the Northwest quarter of the Southwest quarter of the aforesaidSection24,adistance of 660feet, more orless;thence East 330 feet,more orless,to the Southeast corner of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter;thence North660 feet, more orless,to the center line of Southwest 48 Street,saidpoint being the Northeast corner of the West halfof the Northeastquarter of theNorthwestquarter of the Southwest quarter; thence West along the center line of Southwest 48 Street 990 feet,more orless,to the Northwest corner of Southwest quarter of aforesaidSection24,saidpoint being the intersection of the center lineof Southwest 48 Street and Southwest 67Avenue;thence runningSoutherly along the center line of Southwest 67Avenue;the same being the West line of aforesaid Sections 24and25,to the Southwest corner of the Northwest quarter of the Northwest quarter of Section 25,aforesaid;said point being the intersection of the center line of Southwest 67 Avenue and60 Street;thence running Westerly along the Northline of the South half of the Northeast quarter of Section 26,Township 54 South,Range 40 East,to a point on the EasterlyRight of Way line of the Florida EastCoastRailwayCompany(MiamiBelt Line);thence runSoutherlyalong the Easterly Right of Way line of aforesaid Florida EastCoastRailwayCompany(MiamiBeltLine)to apointon the Northline of the Southeast quarter of aforesaidSection26;thence Easterlyalong the North line of the Southeast quarter of aforesaid Section26 to the Northwest corner of the Northeast quarter of the Southeast quarter of aforesaid Section 26;thence run Southerly along the West line of the Easthalf of the Southeast quarter of Section 26,aforesaid,and the West line of the East half of the Northeast quarter of Section 35,Township 54 South,Range40East,saidlinealso being the center line of Southwest 69 Avenue,a distance of 5,280 feet,more or less,to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 35,Township 54 South,Range 40East;thence running easterly 1,980 feet,more orless,to the Northwest corner of the Northhalf of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 36,Township 54 South,Range40 East;thence South 330 feet,more orless,to the Southwest corner of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 36;thence East 660',more orless,to the Southeast corner of the North 1/2 of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 36;thence North 330 feet,more or less,to the Northeast corner of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of said Section 36;thence running Easterlyalong the center line of Southwest 80 Street,also the South line of the Northwest quarter of aforesaid Section 36 to apointat the intersection of the center line of SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page37 of 40 Southwest 80 Street and Southwest 62 Avenue,said point being the center of Section 36, Township 54 South,Range 40 East,a distance of 1,320 feet,more orless,thence running South along the center line of Southwest 62 Avenue,saidline being the West line of the Southeast quarter of Section 36 to the center line intersection at Southwest 88 Street;said point being the Southwest corner of the Southeast quarter of aforesaid Section 36,a distance of 2,640 feet,more or less,;thence Easterly along the center line of Southwest 88 Street 2,640 feet,more orless,to the Southeast corner of Section 36,Township 54 South,Range40East,saidpoint being the Point of Beginning.ALSO the following described areasin Section 24,Township 54 South,Range40 East:All of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 24, Township 54 South,Range 40 East,the same being the ORCHARD HEIGHTS and RIVIERA PINES SUBDIVISIONS. All of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 24, comprising a Re-subdivision of Blocks5,6 and the North half of Block 15,BILTMORE HEIGHTS SUBDIVISION,together with all the streets and avenues lyingin the Northwest quarter of the Northeast quarter of the Southeast quarter and the Northeast quarter of the Northwest quarter of the Southeast quarter and the Northwest quarter of the Northwest quarter of the Southeast quarter and the Northeast quarter of the Northeast quarter of the Southwest quarter andall of the tract of landin the Easthalf of the Northwest quarter of the Northeast quarter of the Southwest quarter of Section 24,together with the following described lots:Lots 9,10,11and 12 of Block9;Lots1,2,3 of Block13;Lots20 and 21 of Block1;of BILTMORE HEIGHTS as recorded inPlatBook21atPage34 of the Public Records of DadeCounty,Florida. ALSO: TheEast80 feet of Tract4,BILTMORE HEIGHTS REVISED,recordedin the PlatBook39atPage65 of the Public Records of DadeCounty,Florida;alsoformerlyknownasLots23,24,25 and the East 5feet of Lot22inBlock4 of BILTMORE HEIGHTS,recordedinPlatBook21atPage34 of the PublicRecords of DadeCounty,Florida. ALSO including all of the following described landslyingin the Northhalfof the Northhalf of Section 24: Beginning at the Northeast corner of Section 24,at the intersection of the center lines of Southwest 57 Avenue (RedRoad)and Southwest 40 Street (Bird Road);thence running Westerly along the Northline of Section 24 (center line of Southwest 40 Street)to the Northwest corner of the Easthalf of the Northwest quarteroftheNorthwestquarter of the saidsection;thence runningSouthalong the west line of the Easthalf of the Northwest quarter of the Northwest quarter to the Southwest corner of the Easthalf of the Northwest quarter of the Northwest quarter of saidSection24;thence runningeasterlyalong the SouthLine of the Northhalf of the Northhalf of Section24 to the Southeast corner of the West half of the Northeast quarter of the Northeastquarter of saidSection,adistance of 3,960feet,moreorless,thence running SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page38 of 40 Northerly alongthe West lineofthe East halfofthe Northeast quarteroftheNortheastquarter of Section24to the Northwestcorner of the SouthhalfoftheSoutheastquarter of the Northeast quarter of the Northeast quarter of saidsectionadistance of 330feet,more orless,thence runningEasterlyalong the Northline of the Southhalfof the Southeast quarter of the Northeast quarter of the Northeast quarter of saidsection to the Eastline of Section24,a distance of 660 feet,moreor less,tothe Northeast corneroftheSouthhalftotheSoutheastquartertothe Northeastquarterof the NortheastquarterofSection24,said pointbeingin the center line of Southeast 57Avenue;thence runningNorth along the East line of Section24 to the place of beginningadistanceof990feet,moreor less;however,excluding from theabove description certainparcelsandtracts of land,but notexceptinganyrights of wayforhighwayswithin the area described,the exceptions beingasfollows: Alllotsin the Southeastquarterof the NorthwestquarteroftheNorthwestquarterand the East halfof the Northeast quarter of theNorthwestquarteroftheNorthwestquarterofSection24, Township 54South,Range40 East,Tract 1-A andLots10,Tracts2-A,2-B,Lot9andTract 2-C, Tracts 4-A,4-B,and4-C,the North 10 feet of the East50 feet of Lot5 and Tract 3-DinALTA TERRA asubdivision of the Easthalf of the West half of the Northwest quarter of the Northeast quarter of Section24asrecordedinPlatBook35atPage26 of the Public Records of Dade County,Florida. ALL lotsin the Northeastquarterof the Northwestquarterof the Northeastquarterandin the Northhalfto the Southeast quarter of the Northwestquarterof the Northeastquarter of Section 24,Township 54 South,Range40East. ALL lotsinBlocks4and5,with the exception of Lots21and24inBlock5,ALL lotsinBlock3 with the exception of Lots 1,2,9,10,11,12,13,14,15,and16,;ALL lotsinBlock6,with the exception of Lots8,9,13,14,15,16,17,18,19,and20;ALL lotsinBlock7,with the exception of Lots 14,17, 18,19,20,21,22,24,25,26,and 27;as contained in WESTERFIELD MANOR,Section One,Two andThreelocatedin the Northeast quarter of the Northeast quarter of Section24,aforesaid,and recorded inPlatBook18atPage47andinPlatBook27atPage9 of the Dade County Public Records,and the jurisdictionand powers of the City of SouthMiamishall extend over alllands within saidarea,whether platted or unplatted,andincluding,but not limited to all streets, sidewalks,alleysandparksand to and over all water,waterways,canalsand submerged lands whatsoever within the said boundaries. ALSO,beginning at the intersection of the centerline of Southwest 59 Avenue and the centerline of Southwest 64Street;thence run easterly along the centerline of Southwest 64 Street to the intersection of the East boundary line extended of UNIVERSITY GARDENS SUBDIVISION NO.1as recorded inPlatBook89atPage15 of the PublicRecords of Dade County,Florida;thence run Northerly along the East boundary line of said UNIVERSITY GARDENS SUBDIVISION NO.1,to the Northeast corner of Block 2,of said UNIVERSITY GARDENS SUBDIVISION,NO.1,thence run westerly along the North line of saidBlock2,of UNIVERSITY GARDENSSUBDIVISIONNO.1 to a point on the Eastright of way line of Southwest 59 Avenue;thence run Northerly along the East SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page39 of 40 right of way line of Southwest 59 Avenue to the intersection of the North right-of-way line of Southwest 62 Street,thence run westerly along the North right-of-way of Southwest 62 Street to the West boundary line of UNIVERSITY MANOR FIRST ADDITION as recorded inPlat Book 48,at Page45 of the Public Records of Dade County,Florida,thence run southerly along the west line of said University Manor First Addition and the West line of STORMPROOF SUBDIVISION as recorded inPlatBook47atPage12 of the PublicRecords of Dade County Florida,to a point on the centerline of Southwest 64 Street;thence runEastalong the centerline of Southwest 64 Street to the intersection of the centerline of Southwest 59 Avenue and the centerline of Southwest 64 Street,the same being point of beginning. ALSO the NW 1/4 of the NE 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of the NE 1/4 all of Section 25,Township 54 South,Range40East,less the North50 feet thereof,Dade County, Florida. The title andjurisdiction over all streets,thoroughfares,sidewalks,parks,alleysandpubliclots within the City of South Miamiandall other property andmunicipalpublic works of the City now owned,possessed or operated byitis hereby vested in the City of South Miami,as created by this actas may be contracted or expended. SOUTH MIAMI CITY CHARTER AMENDED 11-08-16 Page40 of 40 RESOLUTION NO.145-16-14700 A Resolution of the Mayor andCity Commission of the City of South Miami,Florida, placing a question on the ballot for Tuesday,November 8,2016,Presidential Election,to correct language made obsoletebystatelaworprevious charter changes,andtoclarify existing Charter language without changeinfunctionor intent by amending Art.II,Sec 8.A,Art.in,Sec.5.E,Art.IV,Sec 2.B,Art.IV,Sec 2.C.,Art.V,Sec.l.B.4-5,Art.V,Sec S.B.,Art.V,Sec 6.,including an effective dateforthe amendment,and directing the City Clerk to incorporate the amendment into the Charter and tofile the revised charter with theFlorida Department of State;providingballotlanguageand directing theCity Clerk to take all necessary actionsto carry out the provisions of this resolution. WHEREAS,theCity Commission appointed aCharterReviewCommitteeandspecial counseltocorrectthelanguageandtoimproveandupdatetheCityCharter;and WHEREAS,theCharterReview Committee expendedanenormousamounttotimeand energy studying theCity Charter andmaking recommendations;and WHEREAS,theoutside counsel approved bytheCharterReview Committee reviewed andworkedwiththeCommittee drafting proposed changes totheCityCharter,and WHEREAS,theCity conducted atleasttwopublic workshops toacquainttheelectorate oftheproposedchangestotheCity Charter andoneofwhichincludedthedebatebythe members of theCityCommissionastowhich proposed changesshouldbesubmittedtothe electorate;and WHEREAS,theMayorandtheCity Commissioners desiretohaveaballotquestion submitted totheelectoratefora referendum amending theCityChartertocorrectlanguagemade obsolete bystatelaworprevious charter changes,andtoclarifyexistingCharter language withoutchangein function orintentby amending Art.IV,Sec.2.B,Art.IV,Sec.2.C.,Art.V, Sec.l.B.4-5,Art.V,Sec.5.B. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section1.AquestionshallbeplacedontheballotfortheTuesday,November8, 2016 presidential electiontobe submitted tothe qualified electors assetforth below. Section 2.Notice of suchelectionshallbepublishedinaccordancewiththeelection laws. Section3.Theresultofsuchelectionshallbe determined byamajority of the qualified electorsoftheCityof South Miami voting upontheproposalatthe national presidential electiononNovember8,2016.All qualified electors oftheCity of South Miami Res.No.145-16-14700 shallbeentitiedtovoteatsaidelection.Thequestionshallappearontheballotinsubstantially thefollowingform: Title:City of South Miami Charter Amendments relatingto Budgets,Elections, Initiatives and Referenda. BALLOT QUESTION:ShalltheCity Charter beamendedtocorrect language madeobsoletebystatelaworpreviouscharterchanges,andtoclarify existing Charter language without change infunctionor intent by amending Art.IV,Sec. 2.B,Art.IV,Sec.2.C.,Art.V,Sec.l.B.4-5,Art.V,Sec.5.B? YES NO Section 4.If the ballot questionisansweredintheaffirmativebytherequisite number of voters,theCharterfortheCity of SouthMiamishallbeamendedasfollows(the underlined text willbeaddedtothe existing Charter andthetextwithalinethroughthetextwillbe deleted from the existing Charter): ARTICLE IV. SECTION 2.Budget A.TheCity Manager shall submit to the Commission,60days prior to the beginning of the fiscal year,an annual budget together with an explanatory message.The budget,budget message and all supporting schedules,shallbe a public record open to public inspection.(Amended 2/11/14) B.Public Hearings At4The meeting of the Commission at which the budget and budget message are submitted shallbe held in accordance with State law as may be amended from time to time.,tho Commission shall determine tho timo and place forapublic hearing on tho budget,at whichtimo, interested persons shallbogivenan opportunity to bo hoard.ThoCity Clork shall post a notice of tho placo andtimo not loss than fivedays aftor the date of posting atwhich timo tho Commission willholda public hearing. C.Adjustments.Any and all adjustments made to the budgetafter the conclusion of the public hearing at which the budget and budget message were submitted must be made in accordance with State law as may be amended from time to time.Aftor conclusion of such public hearings,tho Commission may insert now itoms or may increase,docroaso or doloto tho itoms of tho budgot;provided,howovor,—if tho total—of proposod expenditures bo increased thereby,then andin that event,tho CityClerk Page 2 of 5 Res.No.145-16-14700 shall post a notice sotting forth tho nature of the proposed increase and listingaplacoand time not loss than fivodays aftor tho date of posting of tho public hearing thereon. ARTICLE V. SECTION 1.Qualifications B.Candidates:TheCityClerkshall certify that a candidate for election to the Officeof the Mayor or Commissioner,noless than 60 days prior toa duly scheduled election has:(Amended 2/11/14) {4)No appointed officeror employee of tho Cityof South Miami,shallbo certified for nomination of any elected position in tho City of South Miami. {5)Anyofficialof tho Cityof South Miami who is elected or appointed toanyofficeandqualifiesforan elective offico outsido tho City of South Miami shall forfeit his (her)office by tho fact of such qualification. ARTICLE V. SECTION 5.Procedures A.Provisions TheCity Commission shall provide,by ordinance,for the procedures of elections not inconsistent with State law.(Amended 2/11/14) 0.Canvassing Board Committee Upon the closingof the pollsand the casting of the ballot by the last person then entitled to vote,the Canvassing Board Committco, Page 3 of 5 Res.No.145-16-14700 comprised of the majority of tho Commission City Attorney,orhisor her designee.County Supervisor of Elections,or his or her designee,and the City Clerk,orhisor her designee,shall publicly record the results of the election and proceed to tabulate the absentee ballots and certify the results. Section 5.Theform of theballotshallbeinaccordancewiththerequirements of general election laws. Section 6.Earlyvotingshallbeconductedinaccordancewiththerequirements of general election laws. Section 7.Vote-by-mailballotmaybeusedbyqualifiedelectorsoftheCity of South Miamiforvotingonthisquestion.Theformofsuchabsentee ballot shallbeinaccordancewith the requirements prescribed bygeneralelectionlaws. Section 8.Asampleballot showing the manner inwhichthequestionor proposal aforesaidwillappearatthiselectionshallbepublishedandprovidedinaccordancewiththe applicable provisions of general election laws. Section9.Thiselectionontheproposalaforesaidshallbeheldandconductedin accordancewithapplicableprovisionsofthegenerallawsrelatingtoelectionsandtheprovisions oftheMiami-DadeCountyHomeRule Charter.TheCityManagerorthemanager'sdesignee, theFinanceDirector,andtheCityClerkareherebyauthorizedanddirectedtotakeall appropriate actions necessary tocarryintoeffectand accomplish the provisions ofthis resolution. Section10:Severability:If anysectionclause,sentence,orphrase of thisresolutionis foranyreasonheldinvalidor unconstitutional byacourtofcompetentjurisdiction,theholding shallnotaffectthevalidityoftheremainingportionsofthisresolution. Section11.Effective Date:This amendment,if approved bythe electorate,shall become effective ten (10)days following the date ofthe election heldforits approval. This resolution shall become effective immediately uponadoptionbyvoteoftheCity Commission. PASSED AND APPROVED this 2^_day of August,2016. jST:_APPROVED: Page4 of 5 Res.No.145-16-14700 Page 5 of5 COMMISSION VOTE:4-1 Mayor Stoddard:Yea Vice Mayor Welsh:Yea Commissioner Edmond:Nay Commissioner Harris:Yea Commissioner Liebman:Yea SOUTH MIAMI RUNDATE:11/19/1610:51AM OFFICIAL GENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER8.2016 OFFICIAL RESULTS TOTALVOTES %EDOSS ED IVO VBM EVOSS EVIVO PROV PRECINCTS COUNTED (OF 7).. REGISTERED VOTERS-TOTAL.. BALLOTSCAST•TOTAL.... VOTERTURNOUT-TOTAL... ...7 ...7.611 ...5.871 100.00 77.14 1.333 0 2.031 2.499 0 8 SOUTH MIAMI:CLARIFICATION OFCHARTER LANG. Votefor1 YES/SI/WI 3 7fl7 75.98 24.02 785 300 1.085 2 247 0 0 0 0 0 1.404 361 1.765 5 236 1.594 535 2.129 2 368 0 0 0 0 0 4 NO/NO/NON Total OverVotes ...1.197 ...4.984 ...9 1 5 0 UnderVotes ...853 2 SOUTH MIAMI:NEWHALL&CITYIMPROVEMENTS Votefor1 YES/SI/WI ...3.716 72.24 803 0 1.338 1.570 0 5 NO/NO/NON ...1,428 27.76 320 0 481 627 0 0 Total ...5.144 1.123 0 1.819 2.197 0 5 OverVotes ...6 1 0 5 0 0 0 UnderVotes ...696 210 0 182 302 0 2 OUTH MIAMI:RED.VOTING REQ.FORAREAS fote for1 YES/SI/WI ...2.464 48.29 587 0 856 1.017 0 4 NO/NO/NON ...2.639 51.71 545 0 944 1.150 0 0 Total ...5.103 1.132 0 1.800 2.167 0 4 OverVotes ...8 0 0 7 1 0 0 UnderVotes ...723 201 0 192 327 0 3 SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI NO/NO/NON Total OverVotes UnderVotes 2.39747.14 562 0 844 989 0 2 2.688 52.86 560 0 958 1.168 0 2 5.085 1,122 0 1.802 2.157 0 4 8 0 0 7 1 0 0 741 211 0 190 337 0 3 SOUTH MIAMI RUN DATE:11/19/16 10:51AM 6060PRECINCT606.0 TOTALVOTES REGISTERED VOTERS-TOTAL 2.437 BALLOTS CAST-TOTAL 1,983 VOTERTURNOUT•TOTAL SOUTH MIAMI:CLARIFICATION OFCHARTERLANG. Votefor1 YES/SI/WI 1.327 NO/NO/NON 411 Total 1.738 OverVotes 4 UnderVotes 237 SOUTHMIAMI:NEWHALL&CITYIMPROVEMENTS Votefor1 YES/SI/WI 1,293 NO/NO/NON 493 Total 1.786 OverVotes 2 UnderVotes 191 SOUTH MIAMI:RED.VOTINGREQ.FORAREAS Votefor1 YES/SI/WI 889 NO/NO/NON 872 Total 1.761 OverVotes 6 UnderVotes 209 SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI 850 NO/NO/NON 909 Total 1,759 Over Votes 6 UnderVotes 211 OFFICIAL GENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER8.2016 EDOSS EDIVO 81.37 398 VBM 724 EVOSS 858 OFFICIAL RESULTS REPORT-EL30APAGE6060-01 EVIVOPROV 76.35 251 0 524 551 0 1 23.65 95 0 119 197 0 0 346 0 643 748 0 1 1 0 2 1 0 0 51 0 76 109 0 1 72.40 251 0 501 540 0 1 27.60 107 0 159 227 0 0 358 0 660 767 0 1 0 0 2 0 0 0 40 0 59 91 0 1 50.48 198 0 319 370 0 2 49.52 159 0 326 387 0 0 357 0 645 757 0 2 0 0 5 1 0 0 41 0 69 98 0 1 48.32-182 0 315 352 0 1 51.68 173 0 332 403 0 1 355 0 647 755 0 2 0 0 5 1 0 0 43 0 67 100 0 1 SOUTH MIAMI RUNDATE:11/19/1610:51AM 6210PRECINCT621.0 TOTALVOTES REGISTERED VOTERS -TOTAL 2.619 BALLOTS CAST -TOTAL 1.809 VOTERTURNOUT -TOTAL SOUTH MIAMI:CLARIFICATIONOFCHARTERLANG. Votefor1 YES/SI/WI 1.115 NO/NO/NON 360 Total 1,475 OverVotes 3 UnderVotes 316 SOUTH MIAMI:NEWHALL&CITYIMPROVEMENTS Votefor1 YES/SI/WI 1,134 NO/NO/NON 386 Total 1,520 OverVotes 1 UnderVotes 273 SOUTH MIAMI:RED.VOTING REQ.FORAREAS Votefor1 YES/SI/WI 741 NO/NO/NON 763 Total 1,504 OverVotes 1 UnderVotes 283 SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI 797 NO/NO/NON 702 Total 1.499 OverVotes 0 UnderVotes 289 OFFICIAL GENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER8.2016 EDOSS EDIVO 69.07 469 VBM OFFICIAL RESULTS REPORT-EL30A PAGE6210-01 EVOSS EVIVO PROV 582 753 75.59 265 0 366 481 0 3 24.41 96 0 110 153 0 1 361 0 476 634 0 4 1 0 2 0 0 0 108 0 88 119 0 1 74.61 273 0 371 486 0 4 25.39 97 0 127 162 0 0 370 0 498 648 0 4 0 0 1 0 0 0 100 0 67 105 0 1 49.27 192 0 244 303 0 2 50.73 183 0 254 326 0 0 375 0 498 629 0 2 0 0 1 0 0 0 95 0 63 123 0 2 53.17 207 0 265 324 0 1 46.83 166 0 232 303 0 1 373 0 497 627 0 2 0 0 0 0 0 0 97 0 65 125 0 2 SOUTH MIAMI RUN DATE:11/19/16 10:51AM 6220PRECINCT622.0 TOTALVOTES REGISTERED VOTERS •TOTAL 147 BALLOTS CAST•TOTAL 119 VOTERTURNOUT -TOTAL OFFICIAL GENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER 8.2016 ED OSS EDIVO 80.95 22 OFFICIAL RESULTS REPORT-EL30A PAGE 6220-01 VBM EVOSSEVIVOPROV 38 59 0 0 SOUTH MIAMI:CLARIFICATION OF CHARTER UNG. Votefor1 YES/SI/WI 68 70.10 10 0 24 34 0 0 NO/NO/NON 29 29.90 8 0 8 13 0 0 Total 97 18 0 32 47 0 0 Over Votes 0 0 0 0 0 0 0 UnderVotes 22 4 0 6 12 0 0 SOUTH MIAMI:NEWHALL&CITY IMPROVEMENTS Votefor1 YES/SI/WI 74 75.51 15 0 24 35 0 0 NO/NO/NON 24 24.49 3 0 10 11 0 0 Total 98 18 0 34 46 0 0 Over Votes 0 0 0 0 0 0 0 UnderVotes 21 4 0 4 13 0 0 SOUTH MIAMI:RED.VOTING REQ.FORAREAS Votefor1 YES/SI/WI 43 41.35 11 0 11 21 0 0 NO/NO/NON 61 58.65 7 0 26 28 0 0 Total 104 18 0 37 49 0 0 OverVotes 0 0 0 0 0 0 0 UnderVotes 15 4 0 1 10 0 0 SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI 41 NO/NO/NON 62 Total 103 OverVotes 0 Under Votes 16 39.81 60.19 10 7 17 0 5 14 23 37 0 1 17 32 49 0 10 SOUTH MIAMI RUN DATE:11/19/16 10:51AM 6230 PRECINCT 623.0 TOTALVOTES REGISTEREDVOTERS•TOTAL 634 BALLOTSCAST-TOTAL 535 VOTERTURNOUT•TOTAL OFFICIALGENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER 8,2016 EDOSS EDIVO 84.38 109 VBM OFFICIALRESULTS REPORT-EL30APAGE6230-01 EVOSS EVIVO PROV 206 220 SOUTH MIAMI:CLARIFICATION OFCHARTER UNG. Votefor1 YES/SI/WI 35676.39 65 0 159 132 0 0 NO/NO/NON 110 23.61 25 0 32 53 0 0 Total 466 90 0 191 185 0 0 OverVotes 1 0 0 1 0 0 0 UnderVotes 69 19 0 15 35 0 0 SOUTH MIAMI:NEWHALL&CITYIMPROVEMENTS Votefor1 YES/SI/WI 323 66.32 63 0 140 120 0 0 NO/NO/NON 164 33.68 31 0 57 76 0 0 Total 487 94 0 197 196 0 0 OverVotes 1 0 0 1 0 0 0 UnderVotes 48 15 0 9 24 0 0 SOUTH MIAMI:RED.VOTING REQ.FORAREAS Votefor1 YES/SI/WI NO/NO/NON Total OverVotes UnderVotes SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI NO/NO/NON Total OverVotes UnderVotes 226 46.31 42 0 101 83 0 0 262 53.69 56 0 92 114 0 0 488 98 0 193 197 0 0 1 0 0 1 0 0 0 46 10 0 13 23 0 0 209 42.65 40 0 93 76 0 0 281 57.35 57 0 105 119 0 0 490 97 0 198 195 0 0 1 0 0 1 0 0 0 44 11 0 8 25 0 0 SOUTH MIAMI RUNDATE:11/19/1610:51AM 6510PRECINCT651.0 TOTALVOTES REGISTERED VOTERS -TOTAL 540 BALLOTS CAST •TOTAL 434 VOTER TURNOUT -TOTAL .....*.. OFFICIAL GENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER8.2016 EDOSS EDIVO 80.37 125 VBM OFFICIALRESULTS REPORT-EL30A PAGE 6510-01 EVOSS EVIVO PROV 146 163 SOUTH MIAMI:CURIFICATIONOF CHARTER UNG. Votefor1 YES/SI/WI NO/NO/NON Total Over Votes . 275 83 358 0 71 273 102 375 1 53 168 211 379 0 49 76.82 23.18 72.80 27.20 44.33 55.67 71 30 101 0 24 75 31 106 1 18 53 60 113 0 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 102 23 125 0 16 97 30 127 0 14 51 75 126 0 14 102 30 132 0 31 101 41 142 0 21 64 76 140 0 23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UnderVotes.0 SOUTH MIAMI:NEW HALL &CITY.IMPROVEMENTS Votefor1 YES/SI/WI ...........0 NO/NO/NON.. Total. Over Votes . 0 0 0 UnderVotes.0 SOUTHMIAMI:RED. Votefor1 YES/SI/WI.. VOTING REQ.FOR AREAS 0 NO/NO/NON .. Total. OverVotes. 0 0 0 UnderVotes.0 SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI 163 NO/NO/NON 214 Total 377 OverVotes 1 Under Votes 50 43.24 50 0 49 64 0 0 56.76 60 0 76 78 0 0 110 0 125 142 0 0 0 0 1 0 0 0 15 0 14 21 0 0 SOUTHMIAMI RUNDATE:11/19/1610:51AM 6520PRECINCT652.0 TOTALVOTES REGISTERED VOTERS •TOTAL 526 BALLOTSCAST•TOTAL 415 VOTERTURNOUT-TOTAL OFFICIALGENERALELECTION MIAMI-DADE COUNTY.FL NOVEMBER8.2016 78.90 SOUTH MIAMI:CLARIFICATIONOFCHARTER UNG. Votefor1 YES/SI/WI 272 83 355 0 62 273 92 365 0 52 167 188 355 0 61 76.62 NO/NO/NON ..23.38 Total . OverVotes. UnderVotes. SOUTH MIAMI:NEWHALL &CITYIMPROVEMENTS Votefor1 YES/SI/WI 74.79 NO/NO/NON..25.21 Total. OverVotes. UnderVotes. SOUTHMIAMI:RED. Votefor1 YES/SI/WI.. VOTING REQ.FOR AREAS 47.04 NO/NO/NON..52.96 Total. OverVotes. UnderVotes. EDOSS 116 67 23 90 0 26 67 25 92 0 24 48 42 90 0 26 EDIVO VBM 116 80 26 106 0 12 79 29 108 0 10 39 65 104 0 14 EVOSS 183 125 34 159 0 24 127 38 165 0 18 80 81 161 0 21 OFFICIALRESULTS REPORT-EL30APAGE 6520-01 EVIVO PROV SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI NO/NO/NON Total OverVotes UnderVotes 140 39.44 43 0 27 70 0 0 215 60.56 48 0 78 89 0 0 355 91 0 105 159 0 0 0 0 0 0 0 0 0 61 25 0 13 23 0 0 SOUTH MIAMI RUNDATE:11/19/1610:51AM 6530PRECINCT653.0 TOTALVOTES REGISTERED VOTERS •TOTAL 708 BALLOTSCAST-TOTAL 576 VOTERTURNOUT-TOTAL OFFICIAL GENERAL ELECTION MIAMI-DADE COUNTY.FL NOVEMBER8.2016 EDOSS EDIVO 81.36 94 VBM OFFICIALRESULTS REPORT-EL30A PAGE6530-01 EVOSS EVIVO PROV 219 263 SOUTH MIAMI:CLARIFICATION OF CHARTER UNG. Votefor1 YES/SI/WI 374 75.56 56 0 149 169 0 0 NO/NO/NON 121 24.44 23 0 43 55 0 0 Total 495 79 0 192 224 0 0 OverVotes ..1 0 0 0 1 0 0 UnderVotes 76 15 0 23 38 0 0 SOUTH MIAMI:NEWHALL&CITY IMPROVEMENTS Votefor1 YES/SI/WI 346 NO/NO/NON 167 Total 513 OverVotes 1 UnderVotes.-58 67.45 59 0 126 161 0 0 32.55 26 0 69 72 0 0 85 0 195 233 0 0 0 0 1 0 0 0 9 0 19 30 0 0 SOUTH MIAMI:RED.VOTING REQ.FORAREAS Votefor1 YES/SI/WI ..230 44.92 43 0 91 96 0 0 NO/NO/NON..282 55.08 38 0 106 138 0 0 Total.512 81 0 197 234 0 0 OverVotes.0 60 0 13 0 0 0 18 0 29 0 0 0 UnderVotes.0 SOUTH MIAMI:RED.VOTING REQ.AFD.HOUSING Votefor1 YES/SI/WI NO/NO/NON Total OverVotes UnderVotes 197 39.24 30 0 81 86 0 0 305 60.76 49 0 112 144 0 0 502 79 0 193 230 0 0 0 0 0 0 0 0 0 70 15 0 22 33 0 0