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RESOLUTION NO. _____ _
A Resolution of the City of South Miami, Florida, placing a question on the ballot
for Tuesday, November 8, 2016, Presidential Election, to amend the City Charter,
Article II, Section 6.D, so four affirmative votes of the City Commission can adopt
less restrictive land use and development regulations for an area bounded by: SW
62 nd Avenue on the west starting at US1; north to SW 69 th Street, east to SW
58th Place, north to SW 68 th Street, east to SW 57th Avenue; south to SW 74th Street,
west to SW 6rt Avenue, west to US1, then back to the beginning.
WHEREAS, it is possible to change voting requirements for the Transit Oriented
Development District, the Light Industrial District and Hometown Overlay District and not
change the 5 out of 5 voting requirement for all single family residential neighborhoods in the
City; and
WHEREAS, businesses located in the Transit Oriented Development District, the Light
Industrial District and Hometown Overlay District pay more ad valorem taxes than all the single
family residents combined; and
WHEREAS, the City Commissioners desire to have a ballot question submitted to the
electorate for a Charter amendment that will make it a little less difficult to make land use and
development regulations less restrictive for the Transit Oriented Development District, the Light
Industrial District and Hometown Overlay District.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. A question shall be placed on the ballot for the Tuesday, November 8,
2016 election to submit to the qualified electors as set forth below.
Section 2. Notice of such election shall be published in accordance with the election
laws.
Section 3. The result of such election shall be determined by a majority of the
qualified electors of the City of South Miami voting upon the proposal at the national
presidential election on November 8, 2016. All qualified electors of the City of South Miami
shall be entitled to vote at said election. The question shall appear on the ballot in substantially
the following form:
Title: Amending Charter, Article II, SECTION 6 D reducing voting requirements
concerning certain areas.
BALLOT QUESTION:
Shall Article II, Section 6 of the Charter be amended authorizing a minimum of four
,
1 Commission members to adopt less restrictive land use and development regulations for
2 an area bound by: SW 62 nd Avenue, starting at US 1; north to SW 69 th Street, east to SW
3 58 th Place, north to SW 68 th Street, east to SW 57th Avenue; south to SW nnd Street,
4 west to US 1, then back to the beginning.
5
6 YES
7 NO
8
9 Section 4. The form of the ballot shall be in accordance with the requirements of general
10 election laws.
11
12 Section 5. Early voting shall be conducted in accordance with the requirements of
13 general election laws.
14
15 Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South
16 Miami for voting on this question. The form of such absentee ballot shall be in accordance with
17 the requirements prescribed by general election laws.
18
19 Section 7. A sample ballot showing the manner in which the question or proposal
20 aforesaid will appear at this election shall be published and provided in accordance with the
21 applicable provisions of general election laws.
22
23 Section 8. This election on the proposal aforesaid shall be held and conducted in
24 accordance with applicable provisions of the general laws relating to elections and the provisions
25 of the Miami-Dade County Home Rule Charter. The City Manager or the manager's designee,
26 the Finance Director, and the City Clerk are hereby authorized and directed to take all
27 appropriate actions necessary to carry into effect and accomplish the provisions of this
28 resolution.
29
30 Section 9. lfthe ballot question is answered in the affirmative by the requisite number of
31 voters, Subsection D of SECTION 6. titled "Ordinances" of Article II of the City Charter shall be
32 amended as follows:
33 D. Voting Procedure. Voting shall be by roll call. The "yeas" and "nays"
34 shall be recorded individually in the minutes of each meeting.
35 No Commission member shall be excused from voting as required by law.
36 1. Requirements for Adoption. All resolutions or ordinances shall be
37 adopted by no less than three affirmative votes of the City Commission.
38 (Amended 2/8/00).
39 Except as otherwise provided in this Charter, four affirmative votes of the
40 City Commission shall be required in the following instances:
41 To issue bonds or borrow money
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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 Article V
To amend land use and development regulations that make them less
restrictive for land that is wholly within the area bound by SW
62 nd Avenue, starting at USl; north to SW 69 th Street, east to SW
58 th Place, north to SW 68 th Street, east to SW 57th Avenue; south to SW
72nd Street, west to US 1, then directly back to the beginning at US 1 and
SW 62 Avenue
Except as otherwise provided in this charter, five .affirmative votes of the
eCity eCommission shall be required to approve the actions indicated below:
To amend land use and development regulations in any manner to make
them less restrictive unless a lesser vote is allowed above for a specific
locale or district.
To issue bonds or borrow money in excess of five percent of the eCity's
current operating budget.
Section 10. Severability: If any section clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall nbt affect the validity of the remaining portions of this resolution.
Section 11. Effective Date: This resolution shall become effective immediately upon
adoption by vote of the City Commission and, if approved by the electorate, the amendment to
the City Charter shall become effective ten (10) days following the date of the election held for
its approval.
PASSED AND ADOPTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
THURSDAY AUGUST 4 2016
MtAMtHERAlD.COM NEIGHBORS I 11SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the
City of South Miami, Florida will conduct Public Hearing(s)
at a Special City Commission meeting scheduled for Monday,
August 8, 2016, beginning at 6:30 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution of the City of South Miami, Florida, placing i}..
question on the ballot for Tuesday, November 8, 2016, Presidential
Election, to amend thc City Charter, Article 11, Section 6.D, so
four affirmative votes of the City Commission can adopt less
restrictive land usc and development regulations for an area
bounded by: SW 62 nd Avenue on the west starting at US]; north
to SW 69 th Street, east to SW 58 th Place, north to SW 68 th Street,
east to SW 57th Avenue; south to SW 74th Street, west to SW 61 ,t
Avenue, west to US 1, then back to the beginning.
A Resolution of the City of South Miami, Florida, placing a
question on the ballot forTuesday, November 8,2016, Presidential
Election, to amend the City Charter, Article II, Section 6.D, to
allow three affirmative votes of the City Commission to make
land use and development regulations less restrictive for Marshall
Williamson/Madison Square Projects and certain properties in
the surrounding area ifpurchased by the City or the Community
Redevelopment Agency.
ALL interested parties are invited to attend and will be
heard.
For further information, please contact the City Clerk's
Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission
with respect to any matter considered at its meeting or hearing, he or she will need
a record of the proceedings, and thai for such purpose, affected person lllay need
to cmure that a verbatim record of the proceedings is made whieh record includes
the testimony and evidence upon whieh the appeal is to be based.
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MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily, Business Review
flk/a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami·Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the'matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI.· AUGUST 8, 2016
in the XXXX Court,
was published in said newspaper in the issues of
07/29/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami·Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami ·Dade
County, Florida eacl) day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the pur ose of securing this advertisement for
(SEAL)
MARIA MESA personally known to me
RHONDA M PELTIER
MY COMMISSION 11 FF231407
EXPIRES May 17 2019