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RESOLUTION NO. _____ _
A ResolutiOIl 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, to allow three affirmative votes of the City Commission to make land use
and development regulations less restrictive for Marshall WilliamsonlMadison Square
Projects and certain properties in the surrounding area if purchased by the City or the
Community Redevelopment Agency.
WHEREAS, for approximately 20 years the City's Comprehensive Plan has made
provisions for and encouraged the construction of affordable housing in South Miami; and
WHEREAS, it is more likely that increasing density at affordable housing sites will
make construction more affordable and will produces a more viable and cost effective affordable
development; and
WHEREAS, the City Commissioners desire to have a ballot question submitted to the
electorate for a Charter amendment that will make it easier to make land use and development
regulations less restrictive for the Madison Square project.
22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
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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: Charter amendment reducing the voting requirement for certain affordable housing.
BALLOT QUESTION:
Shall Article II, Section 6 of the Charter be amended to reduce the voting
requirement to a majority to enact less restrictive land use and development
regulations for affordable housing in the Community Redevelopment Area on the
Madison Square assemblage, Marshall Williamson tract and certain properties in
the surrounding area if purchased by the City or the Community Redevelopment
Agency.
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YES
NO
Section 4. The form of the ballot shall be in accordance with the requirements of general
election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of
general election laws.
Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South
Miami for voting on this question. The form of such absentee ballot shall be in accordance with
the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal
aforesaid will appear at this election shall be published and provided in accordance with the
applicable provisions of general election laws.
Section 8. This election on the proposal aforesaid shall be held and conducted in
accordance with applicable provisions of the general laws relating to elections and the provisions
ofthe Miami-Dade County Home Rule Charter. The City Manager or the manager's designee,
the Finance Director, and the City Clerk are hereby authorized and directed to take all
appropriate actions necessary to carry into effect and accomplish the provisions of this
resolution.
Section 9. Ifthe ballot question is answered in the affirmative by the requisite number of
voters, Subsection D of SECTION 6. titled "Ordinances" of Article II of the City Charter shall be
amended as follows:
D. Voting Procedure. Voting shall be by roll call. The "yeas" and "nays"
shall be recorded individually in the minutes of each meeting.
No Commission member shall be excused from voting as required by law.
(Amended 2/8/00)
1. Requirements for Adoption. All resolutions or ordinances shall be adopted
by no less than three affirmative votes of the City Commission. (Amended
2/8/00). Except as otherwise provided in this Charter, four affirmative votes of
the City Commission shall be required in the following instances: (Amended
2/8/00 and 11/04/08 & 2/9/10)
To issue 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 Article V
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2. Except as otherwise provided in this charter, and other than for all amendments to
the land use and development regulations, whether more or less restrictive, that pertain to
the area known as the South Miami Community Redevelopment area, as it existed on
October 25, 2015, and that are being made for the primary purpose of providing
affordable and work force housing on the lots that are wholly within the area between the
center line of SW 64 Street and 150 feet immediately north thereof and bound on the west
by SW 60 Place and east by 59 Avenue, as well as the assemblage of lots known· as
Madison Square and Marshall Williamson, as they existed on October 25, 2015, and
which are located just south of 64th Street, and certain properties in the surrounding area
that abut those properties if purchased by the City or the Community RedeVelopment
Agency solely for the construction of affordable or workforce housing, which shall only
require three affirmative votes of the City Commission.
3. five affirmative votes of the eQity 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 city'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 not 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
MIAMIHERAlD.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 a
question on the ballot forTuesday, November 8,2016, Presidential
Elcetion, to amcnd thc City Charter, Article 11, Section 6.D, so
four affirmative votes of the City Commission can adopt less
restrictive land usc and dcvelopment regulations for an arca
bounded by: SW 62 nd Avenue on the west starting at US 1; 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 5t
Avenue, west to US 1, then back to the beginning.
A Resolution of the City of South Miami, Florida, placing a
question on thc ballot forTuesday, November 8,2016, Presidential
Election, to amend the City Charter, Article II, Section 6.D, to
allow thrce affinnative 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 286.0 105, 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 ofthe proceedings, and that for such purpose, affected person may need
to ensure that a verbatim record ofthe proceedings is made whieh record includes
the testimony and evidence UpOIl whieh the appeal is to be based.
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MIAMI DAILY 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
CIT'( OF SOUTH MIAMI-AUGUST 8, 2016
in the XXX X 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 each 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 n FF231407
EXPIRES May 17 2019