CHARTERrevised_adoptedbyreferendum2-14-12SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 1
CITY OF SOUTH
MIAMI
CHARTER
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 2
PREAMBLE TO THE CHARTER FOR THE CITY OF SOUTH MIAMI
MIAMI-DADE COUNTY’S CITIZENS’ BILL OF RIGHTS
(A) This government has been created to protect the governed, not the governing. In order to
provide the public with full and accurate information, to promote efficient administrative
management, to make government more accountable, and to insure to all persons fair and equitable
treatment, the following rights are guaranteed:
1. Convenient access. Every person has the right to transact business with the County and
the municipalities with a minimum of personal inconvenience. It shall be the duty of the County
manager and the Commission to provide, within the county’s budget limitations, reasonably
convenient times and places for registration and voting, for required inspections, and for
transacting business with the City.
2. Truth in government. No County or municipal official or employee shall knowingly
furnish false information on any public matter, nor knowingly omit significant facts when giving
requested information to members of the public.
3. Public records. All audits, reports, minutes, documents and other public records of
the County and its boards, agencies, departments and authorities shall be 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 for public inspection an ordinance register separate from the minutes showing the
votes of each member on all ordinances and resolutions listed by 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 shall be 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 will be heard. Nothing herein shall prohibit any
governmental entity or agency from imposing reasonable time limits for the presentation of a
matter.
6. Right to notice. Persons entitled to notice of a county or municipal hearing shall be
timely informed as to the time, place and nature of the hearing and the legal authority pursuant to
which the hearing is to be held. Failure by an individual to receive such notice shall not constitute
mandatory grounds for cancelling the hearing or rendering invalid any determination made at such
hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time
prior to the hearing, unless the matter involves an emergency ordinance or resolution.
7. No unreasonable postponements. No matter once having been placed on a formal
agenda by the county or any municipality shall be postponed to another day except for good cause
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 3
shown in the opinion of the county Commission, the municipal council or other governmental
entity or agency conducting such meeting, and then only on condition that any person so requesting
is mailed adequate notice of the new date of any postponed meeting. Failure by an individual to
receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering
invalid any determination made at such hearing.
8. Right of public hearing. Upon a timely request of any interested party public hearing
shall be held by any county or municipal agency, board, department or authority upon any
significant policy decision to be issued by it which is not subject to subsequent administrative or
legislative review and hearing. This provision shall not apply to the law department of the county
or of any municipality, not to any body whose duties and responsibilities are solely advisory.
At any zoning or other hearing in which review is exclusively by certiorari, a party or his
counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit
rebuttal evidence, and to conduct such cross-examination as may be required for a full and true
disclosure of the facts. The decision of any such agency, board, department or authority must be
based upon the facts in the record. Procedural rules establishing reasonable time and other
limitations may be promulgated and amended from time to time.
9. Notice of action and reasons. Prompt notice shall be given of the denial in whole or
in part of a request of an interested person made in connection with any county or municipal
administrative decision or proceeding when the decision is reserved at the conclusion of the
hearing. The notice shall be accompanied by a statement of the grounds for denial.
10. Managers’ and attorneys’ reports. The county manager and county attorney and each
city manager and city attorney shall periodically make a public status report on all major matters
pending or concluded within their respective jurisdictions.
11. Budgeting. In addition to any budget required by state statute, the county manager shall
prepare a budget showing the cost of each program of each budget year. Prior to the county
Commission’s first public hearing on the proposed budget required by state law, the county
manager shall make public a budget summary setting forth the proposed cost of each individual
program and reflecting the personnel for each program, the purpose therefor, the estimated millage
cost of each program and the amount of any contingency and carry 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 shall also reflect the same
cumulative information for whatever portion of the fiscal year that has elapsed.
13. Adequate audits. An annual audit of the county and each municipality shall be made
by an independent certified public accounting firm in accordance with generally accepted auditing
standards. A summary of the results, including any deficiencies found, shall be made public. In
making such audit, proprietary functions shall be audited separately and adequate depreciation on
proprietary facilities shall be accrued so the public may determine the amount of any direct or
indirect subsidy.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 4
14. Regional offices. Regional offices of the county’s administrative services shall be
maintained at locations in the county for the convenience of the residents.
15. Financial disclosure. The Commission shall by ordinance make provisions for the filing
under oath or affirmation by all county and municipal elective officials, candidates for county and
municipal elective offices, such employees as may be designated by ordinance, and such other
public officials, and outside consultants who receive funds from the county or municipalities
within the county and who may legally be included, or personal financial statements, copies of
personal federal income tax returns, or itemized source of income statements of income statements.
Provisions shall be made for preparing and keeping such reports current from time to time, and for
public disclosure.
The Commission shall also make provisions for the filling annually under oath of a report
by full-time county and municipal employees of all outside employment and amounts received
therefrom. The county manager or any city manager may require monthly reports from individual
employees or groups of employees for good cause.
16. Representation of public. The Commission shall endeavor to provide representation at
all proceedings significantly affecting the county and its residents before state and federal
regulatory bodies.
17. Commission on Ethics and Public Trust. The County shall, by ordinance, establish an
independent Commission on Ethics and Public Trust comprised of five members, not appointed by
County Commission, with the authority to review, interpret, render advisory opinions and enforce
the county and municipal code of ethics ordinances, conflict of interest ordinances, lobbyist
registration and reporting ordinances, ethical campaign practices ordinances, when enacted, and
citizens’ bill of rights.
(B) The foregoing enumeration of citizens’ rights vests large and pervasive powers in the
citizenry of Dade County. Such power necessarily carries with it responsibility of equal magnitude
for the successful operation of government in the county. The orderly, efficient and fair operation
of government requires the intelligent participation of individual citizens exercising their rights
with dignity and restraint so as to avoid any sweeping acceleration in the cost of government
because of the exercise of individual prerogatives, and for individual citizens to grant respect for
the dignity of public office.
(C ) Remedies for violations. In any suit by a citizen alleging a violation of this article filed in
the Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff, if
successful, shall be entitled to recover costs as fixed by the court. Any public official or employee
who is found by the court to have willfully violated this article shall forthwith forfeit his office or
employment.
(D) Construction. All provisions of this article shall be construed to be supplementary to and
not in conflict with the general laws of Florida. In any part of this article shall be declared invalid,
it shall not affect the validity of the remaining provisions. (Amended 3/12/96)
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 5
CHARTER
CITY OF SOUTH MIAMI
ARTICLE I SECTION 1.
Name
The present municipal government existing under the name
"City of South Miami" shall continue to exist and shall continue
to be known as "City of South Miami". SECTION 2.
Existence
This municipal corporation shall have perpetual succession.
SECTION 3.
Boundaries
The legal description of the boundaries of the City of South
Miami are is
attached to the end of this Charter as Schedule (A)
(Amended 2/8/00)
SECTION 4. Form of Government
This City shall have a Commission-Manager government.
SECTION 5.
Authority
This Municipal Corporation shall have all the rights,
privileges and immunities which may have been or hereafter be
granted under the Constitution and General Laws of the State of
Florida and such other rights, privileges and immunities which may
have been or may hereafter be granted under general acts of the
legislature of the State of Florida, including but not by way of
limitation, the rights, privileges and immunities under the Home
Rule Amendment, Article 8, Section 2 of the Constitution of the
State of Florida, and any amendments thereto which have been or
may hereafter be enacted.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 6
ARTICLE II CITY COMMISSION
SECTION 1. Composition
The Commission shall consist of a Mayor and four
Commissioners.
SECTION 2.
Mayor
The Mayor shall preside at meetings for the City Commission
and shall be recognized as Head of the City government for
ceremonial purposes. The Vice-Mayor shall serve for a two (2)
year term and shall be the Commissioner receiving the greatest
number of votes in the preceding general election. (See
Art.V,Sec.2A) SECTION 3.
Compensation
The annual salaries and expense accounts of the Commission
shall be prescribed by ordinance adopted prior to approval of the
annual budget. Increases in salaries and expense accounts of the
Commission shall take effect after the next general election.
Decreases shall take effect upon approval of the budget. (Amended
2/8/00)
SECTION 4.
Vacancies
*The Office of a Commissioner shall become vacant upon his or
her death, resignation, removal from office in any manner
authorized by law, or by forfeiture of his or her office.
A. Forfeiture 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 Laws of the State of Florida, (2) willfully and
intentionally violates any express prohibition of this Charter,
(3) is suspended from office by the Governor of the State of
Florida, or removed from office by the Florida Senate, by a court
of competent jurisdiction, or by operation of the law; (4) is
convicted of a felony or crime involving moral 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) will be determined by a court of
competent jurisdiction. Grounds for forfeiture of (3), (4) and
(5) will be determined by the City Commission. (Amended 2/8/00)
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 7
ARTICLE II (Cont’d)
B.
Filling of Vacancies.
1. Any vacancy on the Commission, which occurs for less than
nine months before the next general election shall be filled for
the unexpired term by the Commission within 30 days from the date
of the vacancy. If the Commission fills the vacancy within the
prescribed time, the person appointed by the Commission shall
serve in that capacity only until the next general election. If
the Commission fails to make the appointment within 30 days, the
vacancy shall be filled by a regular or special election to be
held no less than 45 days nor more than 60 days from the date of
the vacancy. In the event a Commission member resigns to run for
the office of Mayor, the Commission shall notify the City Clerk in
writing of his or her intention to qualify for that office no
later than 15 days before the beginning of qualification for the
next election.
2. In the event a vacancy occurs more than nine months prior to
the next general election, the Commission shall have no power to
fill the vacancy and the unexpired term shall be filled by a
special election being held not less than 30 days nor more than 60
days after the vacancy exists.
3. If the vacancy occurs in the Office of Mayor and the
Commission selects a member of the Commission as Mayor, a vacancy
shall exist on the Commission. If the person selected as Mayor
has an unexpired term as Commissioner extending beyond the time of
the next general election, the person shall elect to either
quality for the office of Mayor by notifying the City Clerk in
writing of his or her intention to qualify for the office of Mayor
no later than 15 days before the deadline for qualification for
the next general election. Qualifying for the office of Mayor
shall create a vacancy on his or her seat as Commissioner for the
unexpired term. If the person does not qualify for the office of
Mayor, he or she shall be considered as serving temporarily as
Mayor and shall revert automatically to the unexpired term to
which he or she was elected.
4. No person who has forfeited an office on the Commission shall
be qualified to run for office to fill the vacancy created by the
forfeiture.
5. If at any 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
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 8
ARTICLE II (Cont’d) shall, by majority vote, appoint additional interim Commission
members and shall schedule a special election to be held no less
than 30 days nor more than 60 days 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 Florida shall appoint an
interim City Commission and the City Clerk shall schedule a
special election to be held not less that 30 days 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)
SECTION 5. Meetings
A. Attendance.
All meetings of the City Commission shall
be public.
B. Special Meetings
. Special meetings may be held upon call
by the Mayor or three or more Commissioners. Written notice of
the meeting shall be delivered to the members of the Commission by
the City Clerk not less than 24 hours before the meeting is held.
No business shall be transacted at any special meeting other than
that for which the meeting was called. The 24-hour time limit
may be waived in time of public emergency affecting life, health,
property or safety. (Amended 2/8/00)
C. Regular Meetings
. The Commission shall meet regularly
at such times and places as may be prescribed by its rules but not
less frequently than twice each month.
D. Procedure.
The Commission shall fix its rules of
procedure and order of business or, in the absence of applicable
rules, it shall follow Robert's Rules of Order (Revised).
E. Record.
The Commission shall keep a 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 for a special meeting.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 9
ARTICLE II (Cont’d) SECTION 6.
Ordinances
The City Commission shall act only by ordinance or written
resolution and those acts of the City Commission shall be by
ordinance which:
(1) Adopt or amend an administrative code or establish,
alter or abolish any City Department
(2) Provide for a fine or other penalty or establish a rule
or regulation for violation of which a fine or other
penalty is imposed.
(3) Levy taxes.
(4) Grant, renew or extend a franchise and regulate public
utilities service rates.
(5) Authorize one borrowing of money.
(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 for final adoption. No ordinance
shall contain more than one subject, which shall be clearly
expressed in its title. The enacting clause shall be “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 may be
introduced by any member at any regular meeting of the City
Commission.
(1) Procedure After introduction of any ordinance, the City
Clerk shall prepare a number of copies and shall distribute a copy
to each member of the Commission and to the Manager. The City
Clerk shall also file a reasonable number of copies in the office
of the City Clerk and such other public places as the Commission
may designate, together with a notice setting out the time and
place for a public hearing thereon and for its consideration by
the Commission.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 10
ARTICLE II (Cont’d) (2) Public Hearings.
The public hearing shall follow the
introduction of the ordinance and publication by at least ten (10)
days prior to the public hearing and may be held separately or in
conjunction with the regular City Commission meeting. All
interested persons shall have an opportunity to be heard.
(3) Readings.
Each ordinance shall be read by only the title
at both first and second readings and shall be considered at no
less than two meetings of the Commission unless declared
emergency. If an 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.
Except as otherwise provided in this
Charter, every adopted ordinance shall become effective at the
expiration of ten (10) days after adoption of any other date
specified therein.
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
Except as otherwise provided in this charter, five
affirmative votes of the city commission shall be required to
approve the actions indicated below:
To amend land use and development regulations in any
manner to make them less restrictive
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 11
ARTICLE II (Cont’d) To issue bonds or borrow money in excess of five percent
of the city’s current operating budget
2. Emergency Ordinances.
To meet a public emergency affecting
life, safety, health, property or the public peace, the Commission
may adopt one or more emergency ordinances, but an emergency
ordinance may not grant, renew or extend a franchise or authorize
the borrowing of money except as provided in this Charter. An
emergency ordinance will be introduced in the form and manner
prescribed for ordinances generally, except that it shall be
plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an emergency
exists and describing it in clear and specific 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 shall be
required for the adoption of an emergency ordinance. After its
adoption, the ordinance shall be published as prescribed for other
adopted ordinances. It shall become effective upon adoption or at
such later date as it may specify. Every emergency ordinance
shall automatically stand repealed as of the 31st day following
the date on which it was adopted but this shall not prevent re-
enactment of the ordinances in the manner specified in this
section, if the emergency still exists. An emergency ordinance
may also be repealed by adoption of a repealing ordinance in the
same manner specified in this section for adoption of emergency
ordinances. (Amended 2/8/00)
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. A City Manager
as prescribed in Article III.
2. A City Attorney and such Assistant City Attorneys as may be
necessary who shall act as the legal advisor for the municipality
and all of its officers in matters relating to their official
powers and duties. The City Attorney shall be a lawyer of at
least five years practice in the Courts of the State of Florida
immediately preceding the time of his or her appointment. He or
she shall prepare or review all ordinances, resolutions,
contracts, bonds and other written instruments in which the
municipality is concerned and shall endorse on each his or her
approval of the form, language and execution thereof. When
required by the Commission, he or she shall prosecute and defend,
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 12
ARTICLE II (Cont’d)
for and in behalf of the City, all complaints, suits, and
controversies in which the City is a party, before any Court or
other legally constituted tribunal; he or she shall render such
opinions on legal matters affecting the City as the Commission may
direct; and he or she shall perform such other professional
duties as may be required of him or her by Ordinance or Resolution
of the Commission or by this Charter.
3. A City Clerk
and such deputies that may be necessary, who
shall give notice and attend all Commission meetings, keep the
minutes and records of all of the proceedings of the Commission,
preserve all books, papers and writing of all kinds committed to
his or her care during his or her tenure; keep the corporate seal
of the City and affix the seal when lawfully directed; administer
oaths; have charge of the conduct of municipal elections; act as
Supervisor of Registration; and perform such other duties as shall
be required by this Charter or by General Laws of the State of
Florida unless restricted by the Home Rule Amendment provisions of
Miami-Dade Dade County. (Amended 2/8/00)
B. Compensation
The salaries and expense accounts of all
officers shall be prescribed by ordinance and fixed in the annual
budget.
C. Vacancies
The City Commission shall have power in the
absence, sickness or disqualification of any of these officers to
appoint a successor and should the Commission not do so within
thirty (30) days after such occurrence, it shall be the duty of
the Mayor to appoint a successor.
SECTION 8.
Boards and Committees
A. Appointments When a Board or Committee is comprised of
five members, each City Commissioner shall appoint one person to
serve as a representative on the Board or Committee. When there
are more than five (5) members on a Board or Committee, each City
Commissioner shall appoint one person to serve as a representative
on the Board or Committee, and all members of such Board or
Committee in excess of five (5) shall be appointed by three (3)
affirmative votes of the City Commission based on recommendations
submitted by any City Commissioner. When a Board or Committee has
less than five (5) members, then the selection of all members
shall be by three (3) affirmative votes of the City Commission
from recommendations submitted by any City Commissioner. (Amended
2-09-10)
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 13
ARTICLE II (Cont’d)
B. Ordinance Provisions
For any Board or Committee
hereinafter established by ordinance, the Commission, but not by
way of limitation, shall provide for the following:
(1) number of members
(2) term of members
(3) quorum for meetings
(4) duties of boards and committees
(5) presentation of actions of the board or committee
to City Commission (2/8/00)
C. Mandatory Board
There shall, at all times, be a Planning
Board composed of residents of South Miami. No duly elected
official, officer or employee of the City shall be an appointee
hereunder. Notwithstanding any other provision of Article II, but
not by way of limitation, the ordinance creating this Board shall
contain the following provisions:
1. The Planning Board shall be a continuous body and shall be
composed of seven (7) members. A quorum for its meeting shall
consist of five (5) members. The Board shall investigate and
recommend to the Commission such changes in the boundaries of the
various use districts, zoning regulations, use of land and type of
construction, locations and use of all structures on any valid
appointment submitted to it.
In arriving at its recommendations, the Board shall 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 of building development. In addition,
the Board shall investigate and make recommendations to the
Commission on matters affecting redevelopment, rehabilitation,
conservation and renewal progress toward the alleviation of a slum
or blighted areas and such other conditions as may injuriously
affect the City.
2. Any recommendations of the Board which affect use of land
or structures or concern redevelopment, rehabilitation,
conservation or renewal shall not be adopted by the City
Commission until a public hearing thereon. No application for
zoning changes shall be filed in the name of the City without
prior approval of the City Commission. There shall be no change
in zoning or any amendment to the zoning laws unless proposals for
such changes have first been received by the Planning Board.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 14
ARTICLE II (Cont’d) SECTION 9.
Investigations
Notwithstanding any other provisions of this Charter, the
Commission or its authorized representative or representatives may
make investigation into the affairs of this City and the conduct
of any City department, Board, Officer or Agency and for this
purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who
fails to obey a lawful order issued in the exercise of these
powers by the Commission shall be guilty of a misdemeanor and
punishable by a fine of not more than $500.00 or by imprisonment
for not more than six months, or both.
SECTION 10.
Civil Service/Merit System
The City Commission shall establish a civil service system or
a merit system covering and embracing the salaried employees of
the City of South Miami, except where in conflict 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 City as it deems necessary or advisable and
prescribe the functions of all departments, and duties,
authorities and responsibilities of the department heads. (Amended
2/8/00)
ARTICLE III THE CITY MANAGER
SECTION 1. Appointment
The City Commission shall appoint a City Manager by the
affirmative vote of a majority of the members of the City
Commission.
SECTION 2.
Qualifications
The Manager shall be appointed solely on the basis of his or
her executive and administrative qualifications with specific
reference to his or her professional training and experience in
municipal government. He or she shall be a graduate of a
recognized school of government or have experience equivalent
thereto.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 15
ARTICLE III (Cont’d) SECTION 3.
Removal
The City Commission may remove the City Manager from office
by affirmative vote of a majority of all of its members, with or
without cause. If his or her removal is without cause, the City
Manager shall receive his or her salary for thirty (30) days
immediately following the adoption of the resolution removing him
or her from office. The City Manager, after ninety (90) days of
continuous absence shall be removed from office.
SECTION 4.
Acting City Manager
A. Recommendation
The Manager may recommend, by letter
filed with the City Clerk, subject to the approval of the
Commission, a qualified City administrative officer to exercise
the powers and perform the duties of the Manager during any
temporary absence or disability. Such acting City Manager shall
not serve for a period longer than 90 days. During such absence
or disability, the Commission may decline such recommendation at
any time and appoint another officer of the City to serve until
the Manager shall return or his disability shall cease.
B. Failure to Recommend
During such absence or disability
as set forth in (A), if the City Manager fails to recommend an
Acting City Manager, the Commission shall name an Acting Manager
to serve at the pleasure of the Commission.
SECTION 5.
Powers and Duties
The City Manager shall be the chief executive officer and
head of the administrative branch of the City government. He or
she shall be responsible to the Commission for the proper
administration of all affairs of the City. He or she shall have
the following powers and duties to:
A. Appoint and, when necessary for the good of the City,
remove any non-elective officers or employees of the City
(excepting those authorized to be appointed and removed by the
City Commission), providing such removal does not conflict with
Civil Service provisions. However, the City Manager may not
appoint any department director without first obtaining the
consent of a majority of the members of City Commission at a duly
noticed City Commission meeting. Procedures for presentation of
the Manager’s candidates to the City Commission may be specified
by ordinance. (Amended 11/02/10)
B. Prepare the budget annually and submit it to the
Commission and be responsible for its administration after
adoption.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 16
ARTICLE III (Cont’d)
C. Submit to the Commission and make available to the
public a report every month on the finances and administrative
activities of the City, together with his or her recommendations.
D. Prepare and submit to the Commission at the end of the
fiscal year a complete report on the finances and administrative
activities of the City for the preceding year.
E. Direct and supervise the administration of all
departments, offices and agencies of the City, except as otherwise
provided by this Charter or by law. (Amended 2/8/00)
F. Attend all Commission meetings with the right to take
part in discussion.
G. Perform such other duties as are specified in this
Charter or which may be required by the Commission.
H. Contract for the purchase of any goods or services for
any department of the City in an amount up to and including
($5,000.00. All contracts for goods and services in excess of
$5,000.00 shall be approved by the City Commission. The City
Manager shall report all expenditures to the City Commission
monthly. (Amended 2/8/00)
All purchases shall be approved after competitive conditions
shall have been maintained and competitive bids sought from at
least three different sources of supply if available, such
determination to be made by the Commission, and, notwithstanding
the foregoing, the City may make purchases through other
governmental agencies that have followed similar bidding
procedures. This subsection does not apply to the purchase of
legal and expert services that have been approved by the City
Commission. (Amended 2/8/00)
ARTICLE IV Finance SECTION 1.
Fiscal Year
The fiscal year of the City of South Miami shall be the same
as that set by Dade County or its successors.
SECTION 2.
Budget
A. The City Manager shall submit to the Commission, 60
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 17
ARTICLE IV (Cont’d) days prior to the beginning of the fiscal year, an annual budget
together with an explanatory message. The budget, budget message
and all supporting schedules, shall be a public record open to
public inspection by anyone.
B. Public Hearings
At the meeting of the Commission at which
the budget and budget message are submitted, the Commission shall
determine the time and place for a public hearing on the budget,
at which time, interested persons shall be given an opportunity to
be heard. The City Clerk shall post a notice of the place and
time not less than five days after the date of posting at which
time the Commission will hold a public hearing.
C. Adjustments
After conclusion of such public hearings, the
Commission may insert new items or may increase, decrease or
delete the items of the budget; provided, however, if the total of
proposed expenditures be increased thereby, then and in that
event, the City Clerk shall post a notice setting forth the nature
of the proposed increase and listing a place and time not less
than five days after the date of posting of the public hearing
thereon.
D. Adoption
The budget shall be adopted by three
affirmative votes of the City Commission before the first day of
the new fiscal year. Should the Commission take no final action
on or prior to the date, the budget, as submitted, shall be deemed
to have been finally adopted by the Commission, provided that if
the provision for funds in any department or departments exceeds
(10%) of the previous year's budget, then as to that department or
departments the Commission shall be deemed to have approved the
previous year's budget. (Amended 2/8/00)
E. Certification
A copy of the budget as finally adopted
shall be certified by the City Manager and the budget so certified
shall be filed for the use of all offices and departments.
F.
Modifications
(1) Transfer of Appropriation At the request of the City
Manager, the Commission may at any time transfer, by resolution,
any unencumbered appropriation balance or portion thereof between
general classification of expenditure within an office or
department. At the request of the City Manager and within the
last three months of the budget year, the Commission may, by
resolution, transfer any unencumbered appropriation balance or
portion thereof from one office or department to another.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 18
ARTICLE IV (Cont’d)
(2) Emergency Appropriation
In case of disaster or any
other circumstance creating an emergency, the Commission may at
any time in any budget year, make an emergency appropriation for
the purpose of repairing damages caused by such disaster or
meeting such public emergency to the end that public health,
safety or welfare will be protected. In any budget year where
circumstances creating such an emergency have arisen, the
Commission may, upon recommendation of the City Manager, authorize
the borrowing of money by the issuance of negotiable notes of the
City. Such notes shall not exceed 10% of the total operating
appropriations in the current year and may be renewed from time to
time; but all such notes, together with the renewals, shall mature
and be paid not later than the end of the fiscal year after the
budget year in which the original notes shall have been issued.
Such notes shall not constitute a general obligation nor a pledge
of ad Valorem tax revenues. Notes may not be sold at less than
par and accrued interest at private sale without previous
advertisement.
SECTION 3.
Revenues
A. Taxation
The Commission shall levy such taxes as
authorized by law to meet the appropriations made not later than
the next Commission meeting after adoption of the budget as
provided in Article IV, Section 2 D. If the Commission shall
refuse or neglect to pass an ordinance levying the taxes for any
budget year, the ordinance last previously passed levying taxes
shall continue in full force and effect and a failure to pass a
current ordinance shall in no way invalidate the collection of any
taxes.
B. Assessment
In the event Dade County shall fail or cease
to assess property, the City shall have the right, power and duty
to assess all property in an amount not to exceed that permitted
by State Law or the Home Rule Amendment.
C. Bonds
The City shall have the power to issue bonds,
certificates of indebtedness and any form of tax anticipation
certificates, payable from ad valorem taxation and maturing more
than twelve months after issuance only to finance or refinance
capital projects. Voter referendum approval for bonds and other
forms of indebtedness shall be as provided by the Florida
constitution. (Amended 2/8/00)
SECTION 4. Administration
A. Control The City Manager shall have charge of the
administration of the financial affairs of the City in accordance
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 19
ARTICLE IV (Cont’d) with Article III, Section 5.
B. Custody of Public Funds
The City Manager shall have
custody of all public funds belonging to or under control of the
City or any office or department thereof, and deposit all fund
coming into his or her hands in such depositories as may be
designated by Resolution of the Commission.
C. Approval of Expenditures
The City Manager shall approve
all proposed expenditures, but, unless he or she shall certify
that there is an unencumbered balance of appropriation and
available funds, no appropriation shall be encumbered and no
expenditure shall be made.
D. Multi-annual Contracts
No contract involving the payment
of money out of the appropriations of more than one year shall be
made for a period of more than five years, nor shall any such
contract be valid unless made or approved by resolution adopted by
the Commission after a public hearing. The Commission shall
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)
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 with generally accepted
auditing standards and review of accounts and other financial
transactions by the City and shall submit such report, together
with recommendations for improving fiscal control, to the
Commission and 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 2-14-12 20
ARTICLE V. Elections
SECTION 1. Qualifications
A. Voters:
Any person who is a duly registered voter of
Miami-Dade County and who has been a legal resident of the City of
South Miami for a period of no less than thirty (30) days
immediately before the date of the election.
B. Candidates:
The City Clerk shall certify that a
candidate for election to the Office of the Mayor or Commissioner,
no more than 42 days nor less than 28 days prior to a duly
scheduled election has:
(1) Exhibited to the Clerk proof that he or she is qualified
elector of the City of South Miami and has continuously resided in
the City of South Miami in a structure designated as residential
property for at least one (1) year immediately before the date of
the election. (Amended 2/8/00)
(2) Each person seeking to qualify for nomination or
election to a municipal office shall pay, at the time of
qualifying for office, an election assessment fee in addition to a
qualifying filing fee of $100 paid to the City Clerk. The
requirements to pay an election assessment fee and a qualifying
fee may be waived as provided by state law. (Amended 2/8/00)
(3) Taken the following prescribed sworn oath:
"I hereby accept the nomination for Mayor/Commissioner, and agree
to serve, if elected, and further that I hereby make the following
oath:
State of Florida
County of Dade
Before me, an officer authorized to administer oaths, personally
appeared _______________________________ to me well known, who,
being duly sworn, says that he/she is a candidate for the office
of ____________________________, that he/she is a qualified
elector of Miami-Dade County, Florida, and the City of South
Miami; and that he/she is qualified under the Constitution and the
laws of Florida, and the Charter of the City of South Miami to
hold the office to which he/she desires to be nominated or
elected; that he/she has taken the oath required by ss. 876-05-
876.10, Florida Statutes; that he/she has not violated any of the
laws of the State relating to elections or the registration of
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 21
ARTICLE V (Cont’d) electors; that he/she has qualified for no other public office in
the State the term of which office or any part thereof runs
concurrent (with that of) the office he/she seeks; that he/she has
resigned from any office (from) which he/she is required to resign
pursuant to ss. 99.012, Florida Statutes; and that he/she has
submitted a sworn statement of contributions and expenditures, if
any incurred, prior to the time of qualifying and since the last
preceding general election.
___________________________________
Signature of Candidate
___________________________________
Address
________________________________________________
Signature and Title of person administering oath
(4) No appointed officer or employee of the City of South
Miami, shall be certified for nomination of any elected position
in the City of South Miami.
(5) Any official of 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.
(6) No person shall be certified for nomination to an
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.
(7) Any person who qualifies for an elective office outside
the City of South Miami after having qualified for an elective
office in the City of South Miami shall by 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.
SECTION 2.
General Elections.
A. Time
during February of each even year, the day, place and time to be
set by ordinance, at which time the Mayor shall be elected to a
term of two years and two Commissioners shall be elected to terms
of four years. (See Art.II,Sec.2)
General elections for the Commission shall be held
B. Mode The office of the Mayor and Commission seats shall
be filled on the basis of the highest number of votes received by
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 22
ARTICLE V (Cont’d) 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 be filled at
said election shall be designated numerically, and each candidate
for the City Commission shall designate in which numerical
grouping he or she is to be a candidate. No candidate shall run
for office in more than one numerically designated group.
C. Unopposed candidates
The names of all unopposed
candidates shall be placed on the ballot. The votes for unopposed
candidates shall be counted and published. (Amended 2/8/00)
D. Term Limits for the Mayor and City Commissioners
No
person may appear on the Ballot for Election as Mayor or City
Commissioner if, by the end of his or her current term of office,
the person will have served (or, but for resignation would have
served) in office as the Mayor or as a City Commissioner for a
total of nine 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 of a tie vote, runoff elections shall be held,
if necessary, within thirty (30) days from the date of the canvass
of the votes cast at the regular elections.
SECTION 5.
Procedures
A. Provisions
The City Commission shall provide, by
ordinance, for the procedures of elections not inconsistent with
Sate Laws and/or the Metropolitan Dade County Home Rule Amendment
and Charter, except as specified herein.
B. Canvassing Committee
vote, the Canvassing Committee, comprised of the majority of the
Commission and the City Clerk, shall publicly record the results
of the election and proceed to tabulate the absentee ballots and
certify the results. (See Art. II, Sec. 2)
Upon the closing of the polls and
the casting of the ballot by the last person then entitled to
C. Installation At 8:00 P.M. on the day following any City
election in the City of South Miami, the Commission shall meet in
special session for the sole purpose of receiving the certified
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 23
ARTICLE V (Cont’d) report of the Canvassing Committee and thereupon the installing
officer, selected by the duly elected incoming Mayor, shall
install the newly elected Mayor and Commission members after they
shall have taken the prescribed oath of office.
D. Oath of Office
Every officer of the City shall, before
entering upon the duties of his or her office, take and subscribe
to the following oath or affirmation to be filed and kept in the
office of the City Clerk.
"I solemnly swear (or affirm) that I will support the
constitution and will obey the laws of the United States and of
the State of Florida; that I will, in all respects, observe the
provisions of the Charter and the Ordinances of the City of South
Miami and will faithfully discharge the duties of the Office of
“______________________". SECTION 6.
Initiative and Referendum
A.
General Authority
(1) Initiative
The qualified voters of the City shall have
power to propose ordinances to the Commission and, if the
Commission fails 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 or any ordinance relating to appropriation of money, levy
of taxes or salaries of City officers or employees.
(2) Referendum
capital program or any emergency ordinance or ordinance relating
to appropriation of money or levy of taxes.
The qualified voters of the City shall have
power to require 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 a City election, provided
that such power shall not extend to the budget or
B.
Commencement of Proceedings, Petitioners; Committee;
Affidavit
A minimum of 100 qualified votes may commence initiative or
referendum proceedings by filing with the City Clerk an affidavit
stating that they will constitute the petitioners' committee and
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 24
ARTICLE V (Cont’d) be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the
address to which all notices to the Commission are to be sent and
setting out in full the proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is
filed, the City Clerk shall issue the appropriate petition
blanks to the petitioners' committee.
C.
Petitions
(1) Number of signatures.
Initiative and referendum
petitions must be signed by qualified voters of the City equal in
number to at least 15% of the total number of qualified voters
registered to vote in the last regular City election.
(2) Form and Content
indelible pencil and shall be followed by 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.
All papers of a petition shall be
uniform in size and style and shall be assembled as one instrument
for filing. Each signature shall be executed in ink or
(3) Affidavit of Circulator
Each paper of a petition shall
have attached to it, when filed, an affidavit executed by the
circulator thereof, stating that he or she personally circulated
the paper, the number of signatures thereon, that all the
signatures were affixed in his or her presence, the he or she
believes them to be the genuine signatures of the persons whose
names they purported to be and that each signer had an opportunity
before signing to read the full text of the ordinance proposed or
sought to be reconsidered.
(4)
Petitions must be filed within thirty (30) days after the
Commission has failed to adopt a proposed ordinance or failed to
reconsider an adopted ordinance when requested to do so.
Time for Filing Initiative or Referendum Petitions.
D.
Procedure after Filing.
(1) Certificate of Clerk; Amendment. Within ten (10) days
after the petition is filed, the City Clerk shall complete a
certificate as to its sufficiency, specifying if it is
insufficient, the particulars wherein it is defective and shall
promptly send a copy of the certificate to the petitioners'
committee by registered mail. A petition certified insufficient
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 25
ARTICLE V (Cont’d) for lack of the required number of valid signatures may be amended
once if the petitioners' committee files a notice of intention to
amend it with the Clerk within two days after receiving the copy
of his or her certificate, and files a supplementary petition upon
additional papers within ten (10) days after receiving the copy of
such certificate. Within five (5) days after such supplementary
petition is filed, the Clerk
shall complete a certificate as to the sufficiency of the petition
as amended and promptly send a copy of such certificate to the
petitioners' committee by registered mail. If a 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 Clerk
shall promptly present his or her certificate to the Commission
and the certificate shall then be a final determination as to the
insufficiency of the petition.
(2) Commission Review
If a petition has been certified
insufficient and the petitioners' committee does not file a notice
of intention to amend it or if an amended petition has been
certified insufficient, the committee may, within two (2) days,
after receiving the copy of such certificate, file a request that
it be reviewed by the Commission. The Commission shall review the
certificate at its next meeting following the filing of such
request and approve or disapprove it, and the Commission's
determination shall then be a final determination as to the
sufficiency of the petition. However, the Commission shall not
declare a petition to be insufficient unless the findings of the
City Clerk are illegal or are factually in error.
(E)
Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition is filed with the City Clerk, the
ordinance sought to be reconsidered shall be suspended from
taking effect. Such suspension shall terminate when:
(1) There is a final determination of insufficiency of the
petition; or
(2) The petitions' committee withdraws the petition; or
(3) The Commission repeals the ordinance.
(F)
Actions on Petitions
(1) Action by Commission When an initiative or referendum
petition has been finally determined sufficient, the Commission
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 26
ARTICLE V (Cont’d) shall promptly consider the proposed initiative ordinance in the
manner provided in Article II or reconsider the referred ordinance
by voting its repeal. If the Commission fails to take action on a
proposed initiative ordinance without any change in substance
within thirty (30) days or fails to repeal the referred ordinance
within thirty (30) days after the date of the petition was finally
determined sufficient, it shall submit the proposed
or referred ordinance to the voters of the City.
(2) Submission to Voters
vote shall be held at the same time as such regular election.
Copies of the proposed or referred ordinance shall be made
available at the polls, and at City Hall at least fifteen (15)
days prior to the election thereon.
Such City election on a proposed
or referred ordinance shall be held not less than thirty (30) days
and not later than seventy five (75) days from the date of the
final Commission vote thereon. If no regular City election is to
be held within the period prescribed in this subsection, the
Commission shall provide for a special election otherwise the
(3) Withdrawal of Petitions.
An initiative or referendum
petition may be withdrawn at any time prior to the tenth day
preceding the day scheduled for a vote by the electors by filing
with the City Clerk a request for withdrawal signed by at least
twenty (20) members of the petitioners' committee. Upon filing
such request the petition shall have no further force or effect
and all proceedings thereon shall be terminated.
(G)
Results of Election
(1) If 15% of the qualified electors vote on a proposed
initiative ordinance and a majority vote in its favor, it shall be
considered adopted upon certification of the election results and
shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the Commission. If
conflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail
to the extent of such conflict.
(2) If 15% of the qualified electors vote on a referred
ordinance and a majority vote against it, it shall be considered
repealed on certification of the election results.
(3) An ordinance adopted by the electorate through
initiatory proceedings shall not be amended or repealed by the
Commission for a period of one year after the election at which it
was adopted but thereafter it may be amended or repealed by a 4/5
vote.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 27
ARTICLE V (Cont’d) (4) After a referendum petition has been filed, if the
Commission repeals the ordinance involved before the petition is
vote on by the electorate, then the Commission may not reconsider
such ordinance for a period of one (1) year after its repeal.
(H)
Recall
A Commission member may be recalled as provided by state law.
(Amended 2/8/00)
ARTICLE VI
GENERAL PROVISIONS
SECTION 1.
Conflict of Interest
The City Commission shall, by ordinance, enact a conflict of
interest ordinance, which shall be at least equal to the standards
of conduct for public officers and employees as set forth in the
state statutes and the Miami-Dade County code. A Commission
member may not serve as a voting member of any board that reports
to the Commission. (Amended 2/8/00)
SECTION 2.
Bonding
All employees of the finance department, and any other
officer or employee required by the City Commission, shall be
bonded in an amount and by a surety that is approved by the
Commission. The premiums on bonds shall be paid by the City.
(Amended 2/8/00)
SECTION 3.
Publication Requirement
Whenever publication is required herein, such publication
shall be made by posting, at a conspicuous place in the City Hall,
for the requisite period and, if the publication is of an
ordinance, said ordinance shall, at least ten (10) days prior to
adoption, be noticed once in a 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 shall also advise that interested parties may
appear at the meeting and be heard with respect to the proposed
ordinance.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 28
ARTICLE VI (Cont’d)
SECTION 4.
Annexation
In the event that the City of South Miami shall desire to
change its territorial limits by the annexation of any
unincorporated tract of land lying contiguous thereto, and within
Dade County, it shall follow the procedure laid down by the
Metropolitan Home Rule Amendment and/or Florida Statutes.
SECTION 5. Franchise
(A) Definitions
:
(1) The word “franchise” shall mean all contracts, including
any and all agreements of whatever nature, that grant a right to
use real property owned by the City of South Miami, including
leases, when the contract or agreement provides for a term greater
than three (3) years and with two (2) one (1) year extensions ,
or grants, gives, conveys, mortgages, encumbers or otherwise gives
a 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.
(3) The word “newspaper of general circulation” shall mean
the Daily Business Review, or similar newspaper.
(4) The word “local newspaper” shall mean a newspaper
distributed in the City of South Miami, whether free to its
readership or otherwise available.
(B) Restrictions
:
The City of South Miami shall not enter into any franchise
contract or agreement, as defined in this Section, to or with any
person, as defined in this Section, nor shall the City renew an
existing franchise, grant an extension to the franchise term or in
any other way make a material change to an existing franchise
contract or agreement unless the City enacts an ordinance, in
accordance with the requirements of this Section, approving the
contract or 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 or any material change to an
existing franchise, may only be enacted if approved by a vote of
4/5 of all members of the City Commission. The term limit for all
franchise contracts or agreements, as defined in this Section,
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 29
ARTICLE VI (Cont’d)
including any renewal or extension to the term of same, shall be
(50) years. No change in ownership or control of an artificial
person with whom the City has entered into a franchise contract or
agreement, as defined by this Section, nor shall any ownership or
control be transferable in any way, including but not limited to
assignments and conveyances of an ownership interest, unless it is
approved by an 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 ordinance shall be published in a newspaper of
general circulation, as defined in this Section, and it shall also
be published in a local newspaper, as defined in this Section, at
least five (5) days before the first meeting (first reading of the
ordinance). At least ten (10) days before the second and final
reading of the franchise ordinance, its title shall be published
in a newspaper of general circulation and, in addition, it shall
be published in a local newspaper, if available, so as 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 such a newspaper is available for
publication and then only if it was published less than five (5)
days before the second reading.
(D) Custodian of Documents
:
Copies of all transfers, mortgages, encumbrances, changes
in ownership or control, or other documents affecting the title
or use of real property owned by the City shall be filed with the
City Manager and City Clerk on or before the date of the first
publication of the title to the proposed ordinance, as required
by this Section. (Amended 2/14/12)
SECTION 6.
Powers of the City
The City of South Miami exercising its power under State Law,
may exceed, by ordinance, any limiting feature of the State
Law unless the same is prohibited under the Home Rule Amendment
and Charter of Metropolitan Dade County.
SECTION 7.
Autonomy
Neither the Commission nor any of its members shall direct or
request the removal of any person from office by the City Manager
or by any of his or her subordinates, or in any manner take part
in the removal of officers and employees in the administrative
service of the City. Except for the purpose of inquiry and for
the purpose of interviewing any candidate for department director
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 30
ARTICLE VI (Cont’d)
prior to appointment by the City Manager subject to the City
Commission’s approval, the Commission and its members shall deal
with the administrative service solely through the City Manager
and neither the Commission nor any member thereof shall give
orders to any subordinates of the City Manager, either publicly or
privately. This section shall not apply to officers appointed
under Article II, Section 7 of this Charter. (Amended 11/02/10)
SECTION 8.
Amendments
This Charter may be altered or amended at any time as
provided by the Home Rule Amendment and Charter of Metropolitan
Dade County or as provided by the Florida Statutes, whichever
shall prevail and be in effect.
SECTION 9.
Ratification
All officials acts and ordinances passed by the City, including
any ordinances annexing certain unincorporated territory to the
City and thereby enlarging its boundaries, done prior to the
passage of this act are hereby ratified, cured and made legal as
fully and completely as though all requirements and details by any
general or special law government relating to the same have been
done and performed.
SECTION 10.
Invalidity
If any section or part of section of this Charter shall be
held invalid by a Court of competent jurisdiction, such holding
shall not affect the remainder of this Charter nor the context in
which such section or part of section so held invalid may 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 in which such holding shall directly apply.
SECTION 11. Acceptance
This Charter shall become effective upon its being approved
by a majority of the qualified electors of the City of South Miami
voting at a referendum election to be called for that purpose by
the City Commission of South Miami in accordance with Section 5.03
of the Metropolitan Dade County Charter and upon being filed with
the Clerk of the Circuit Court as provided in said Charter.
SECTION 12.
Repeal
Any and all special acts of the State of Florida in conflict
are hereby superseded.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 31
ARTICLE VI (Cont’d) SECTION 13.
Transition
A. Upon adoption of this Charter as herein provided, the
Code of Ordinances, City of South Miami, and all other ordinances
and resolution theretofore passed and adopted shall continue in
full force and effect until thereafter amended, superseded or
repealed; and all officers, employees and appointees of the City
shall continue in office for 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 by or against
the City or any office, department or agency or official thereof,
shall be affected or abated by the adoption of this Charter or by
anything herein contained; but all such actions or proceedings may
be continued notwithstanding that functions, powers and duties of
any office, department or agency or officer thereof,
party thereto may, by or under this Charter be assigned or
transferred to another office, department or agency or officer;
but, in that event, the same may be prosecuted or defended by the
head of the office, department or agency to which such functions,
powers and duties have been assigned or transferred by or under
this Charter.
C. The title, rights and ownership of property, uncollected
taxes, claims, judgements, decrees, liens, suits, actions and
choices in action, of whatsoever kind or nature held or owned by
the existing municipality shall not be affected or abated by the
adoption of this Charter.
D. No debt or contract of the present municipality,
including but not limited to bonds or certificates of
indebtedness, heretofore issued, shall be impaired or avoided by
the adoption of this Charter.
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 32
Schedule (A)
Boundaries
Beginning at a point in the center of Southwest 57 Avenue at
the Southeast corner of Section 36, Township 54 South, Range 40
East; thence running Northerly along the East line of Section 36,
and Section 25, Township 54 South, Range 40 East, said line being
the center line of Southwest 57 Avenue (Red Road) a distance of
approximately 7,920 feet, to the Northeast corner of the Southeast
quarter of aforesaid Section 25; thence running Westerly along the
North line of the aforesaid Southeast quarter of Section 25, the
same being the center line of Southwest 64 Street (Hardee Road)
approximately 1,660 feet to the East line 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 East line
of HAMLET and AVOCADO HOMES a 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
or less; thence running Northerly along the East line 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 as Miller Drive) a distance of 663.53
feet, more or less; thence running Westerly along the North line
of Section 25,Township 54 South, Range 40 East, said line 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 Section 24, Township 54 South, Range 40
East, a distance of 1,011.45 feet, more or less, thence running
Northerly along the East line 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 or less, 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 running Northerly along the center line of said
Southwest 63 Avenue a distance of 343.07 feet, more or less, to
the Northeast corner of the East half of the West half of the
Southeast quarter of the Southwest quarter of Section 24,
aforesaid; thence running Westerly a distance of 337.59 feet, more
or less, to the Northwest corner of the East half 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 (Miller Road) at the
Southwest corner of the East half of the West half of the
Southeast quarter of the Southwest quarter of Section 24
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 33
aforesaid; thence running Westerly along the center line of South
west 56 Street, said line being the South line of Section 24
aforesaid, to the Southeast corner of the Southwest quarter of the
Southwest quarter of Section 24, aforesaid, a distance of 337
feet, more or less, thence running Northerly along the East line
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
aforesaid Section 24; thence running Westerly along said North
line of the South half of the Southwest quarter of the Southwest
quarter of Section 24, to the Southwest corner of the East half of
the Northeast quarter of the Southwest quarter of the Southwest
quarter of Section 24, a distance of 337 feet, more or less;
thence running North along the West line of the East half of the
Northeast quarter of the Southwest quarter of the Southwest
quarter of Section 24, a distance of 660 feet, more or less, to
the Northeast corner of the West half of the Northeast quarter of
the Southwest quarter of the Southwest quarter of said Section 24;
thence running Westerly along the North line of the West half to
the Northeast quarter of the Southwest quarter of the Southwest
quarter of said Section 24, a distance of 330 feet, more or less,
to the Northeast corner of the Northwest quarter of the Southwest
quarter of the Southwest quarter of aforesaid Section 24, said
point being in the center line of Southwest 65 Avenue, at the
Northeast corner of GRANDVIEW PARK SUBDIVISION; thence running
North along the East line of the West half of the Northwest
quarter of the Southwest quarter of Section 24, to the Northwest
corner of the Southeast quarter of the Northwest quarter of the
Southwest quarter of the aforesaid Section 24, a distance of 660
feet, more or less; thence East 330 feet, more or less, to the
Southeast corner of the West half of the Northeast quarter of the
Northwest quarter of the Southwest quarter; thence North 660 feet,
more or less, to the center line of Southwest 48 Street, said
point being the Northeast corner of the West half of the Northeast
quarter of the Northwest quarter of the Southwest quarter; thence
West along the center line of Southwest 48 Street 990 feet, more
or less, to the Northwest corner of Southwest quarter of aforesaid
Section 24, said point being the intersection of the center line
of Southwest 48 Street and Southwest 67 Avenue; thence running
Southerly along the center line of Southwest 67 Avenue; the same
being the West line of aforesaid Sections 24 and 25, 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 and 60 Street; thence running
Westerly along the North line of the South half of the Northeast
quarter of Section 26, Township 54 South, Range 40 East, to a
point on the Easterly Right of Way line of the Florida East Coast
Railway Company (Miami Belt Line); thence run Southerly along the
Easterly Right of Way line of aforesaid Florida East Coast Railway
Company (Miami Belt Line) to a point on the North line of the
Southeast quarter of aforesaid Section 26; thence Easterly along
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 34
the North line of the Southeast quarter of aforesaid Section 26 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 East half 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 , Range 40 East, said
line also 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 40 East; thence running easterly 1,980 feet, more
or less, to the Northwest corner of the North half of the
Northeast quarter of the Northwest quarter of the Southwest
quarter of Section 36, Township 54 South, Range 40 East; thence
South 330 feet, more or less, 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 or less,
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
Easterly along the center line of Southwest 80 Street, also the
South line of the Northwest quarter of aforesaid Section 36 to a
point at the intersection of the center line of 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 or less, thence running South along the center line of
Southwest 62 Avenue, said line 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 or less, to the Southeast
corner of Section 36, Township 54 South, Range 40 East, said point
being the Point of Beginning. ALSO the following described areas
in Section 24, Township 54 South, Range 40 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
Blocks 5, 6 and the North half of Block 15, BILTMORE HEIGHTS
SUBDIVISION, together with all the streets and avenues lying in
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 and all of the tract of
land in the East half of the Northwest quarter of the Northeast
quarter of the Southwest quarter of Section 24, together with the
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 35
following described lots: Lots 9, 10, 11 and 12 of Block 9; Lots
1, 2, 3 of Block 13; Lots 20 and 21 of Block 1; of BILTMORE
HEIGHTS as recorded in Plat Book 21 at Page 34 of the Public
Records of Dade County, Florida.
ALSO:
The East 80 feet of Tract 4, BILTMORE HEIGHTS REVISED, recorded in
the Plat Book 39 at Page 65 of the Public Records of Dade County,
Florida; also formerly known as Lots 23, 24, 25 and the East 5
feet of Lot 22 in Block 4 of BILTMORE HEIGHTS, recorded in Plat
Book 21 at Page 34 of the Public Records of Dade County, Florida.
ALSO including all of the following described lands lying in the
North half of the North half of Section 24:
Beginning at the Northeast corner of Section 24, at the
intersection of the center lines of Southwest 57 Avenue (Red Road)
and Southwest 40 Street (Bird Road); thence running Westerly along
the North line of Section 24 (center line of Southwest 40 Street)
to the Northwest corner of the East half of the Northwest quarter
of the Northwest quarter of the said section; thence running South
along the west line of the East half of the Northwest quarter of
the Northwest quarter to the Southwest corner of the East half of
the Northwest quarter of the Northwest quarter of said Section 24;
thence running easterly along the South Line of the North half of
the North half of Section 24 to the Southeast corner of the West
half of the Northeast quarter of the Northeast quarter of said
Section, a distance of 3,960 feet, more or less, thence running
Northerly along the West line of the East half of the Northeast
quarter of the Northeast quarter of Section 24 to the Northwest
corner of the South half of the Southeast quarter of the Northeast
quarter of the Northeast quarter of said section a distance of 330
feet, more or less, thence running Easterly along the North line
of the South half of the Southeast quarter of the Northeast
quarter of the Northeast quarter of said section to the East line
of Section 24, a distance of 660 feet, more or less, to the
Northeast corner of the South half to the Southeast quarter to the
Northeast quarter of the Northeast quarter of Section 24, said
point being in the center line of Southeast 57 Avenue; thence
running North along the East line of Section 24 to the place of
beginning a distance of 990 feet, more or less; however, excluding
from the above description certain parcels and tracts of land, but
not excepting any rights of way for highways within the area
described, the exceptions being as follows:
All lots in the Southeast quarter of the Northwest quarter of the
Northwest quarter and the East half of the Northeast quarter of
the Northwest quarter of the Northwest quarter of Section 24,
Township 54 South, Range 40 East, Tract 1-A and Lots 10, Tracts 2-
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 36
A, 2-B, Lot 9 and Tract 2-C, Tracts 4-A, 4-B, and 4-C, the North
10 feet of the East 50 feet of Lot 5 and Tract 3-D in ALTA TERRA a
subdivision of the East half of the West half of the Northwest
quarter of the Northeast quarter of Section 24 as recorded in Plat
Book 35 at Page 26 of the Public Records of Dade County, Florida.
ALL lots in the Northeast quarter of the Northwest quarter of the
Northeast quarter and in the North half to the Southeast quarter
of the Northwest quarter of the Northeast quarter of Section 24,
Township 54 South, Range 40 East.
ALL lots in Blocks 4 and 5, with the exception of Lots 21 and 24
in Block 5, ALL lots in Block 3 with the exception of Lots
1,2,9,10,11,12,13,14,15, and 16,; ALL lots in Block 6, with the
exception of Lots 8, 9, 13, 14, 15, 16, 17, 18, 19, and 20; ALL
lots in Block 7, 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 and Three located in the Northeast quarter of the
Northeast quarter of Section 24, aforesaid, and recorded in Plat
Book 18 at Page 47 and in Plat Book 27 at Page 9 of the Dade
County Public Records, and the jurisdiction and powers of the City
of South Miami shall extend over all lands within said area,
whether platted or unplatted, and including, but not limited to
all streets, sidewalks, alleys and parks and to and over all
water, waterways, canals and submerged lands whatsoever within the
said boundaries.
ALSO, beginning at the intersection of the centerline of Southwest
59 Avenue and the centerline of Southwest 64 Street; thence run
easterly along the centerline of Southwest 64 Street to the
intersection of the East boundary line extended of UNIVERSITY
GARDENS SUBDIVISION NO. 1 as recorded in Plat Book 89 at Page 15
of the Public Records 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 said Block 2, of UNIVERSITY GARDENS SUBDIVISION
NO. 1 to a point on the East right of way line of Southwest 59
Avenue; thence run Northerly along the East 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 in Plat Book 48, at
Page 45 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
in Plat Book 47 at Page 12 of the Public Records of Dade County
Florida, to a point on the centerline of Southwest 64 Street;
thence run East along 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
SOUTH MIAMI CITY CHARTER
AMENDED 2-14-12 37
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, Range
40 East, less the North 50 feet thereof, Dade County, Florida.
The title and jurisdiction over all streets, thoroughfares,
sidewalks, parks, alleys and public lots within the City of South
Miami and all other property and municipal public works of the
City now owned, possessed or operated by it is hereby vested in
the City of South Miami, as created by this act as may be
contracted or expended.