CHARTERrevised11-02-10.adoptedbyreferendumfinal
CITY OF SOUTH
MIAMI
CHARTER
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 1
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 3
cause 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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 4
depreciation on proprietary facilities shall be accrued so the public may determine the amount of
any direct or indirect subsidy.
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.
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 5
(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 11-02-10 6
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 11-02-10 7
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 11-02-10 8
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 11-02-10 9
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 11-02-10 10
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 11-02-10 11
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 11-02-10 12
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 11-02-10 13
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 11-02-10 14
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 11-02-10 15
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 11-02-10 16
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 11-02-10 17
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 11-02-10 18
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 11-02-10 19
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 11-02-10 20
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 11-02-10 21
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 11-02-10 22
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 General elections for the Commission shall be held
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)
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 11-02-10 23
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 Upon the closing of the polls and
the casting of the ballot by the last person then entitled to
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)
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 11-02-10 24
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 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
capital program or any emergency ordinance or ordinance relating
to appropriation of money or levy of taxes.
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 11-02-10 25
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 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
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.
(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) Time for Filing Initiative or Referendum Petitions.
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.
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 11-02-10 26
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 11-02-10 27
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 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
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.
(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 11-02-10 28
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 11-02-10 29
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
No ordinance granting or renewing the right to use real
property or an interest in the real property of the City of South
Miami to any person shall be effective until passed by a vote of
4/5 of all members of the Commission and no grant or renewal
shall be for a longer period than (50) years. No grant or
renewal of the right of use real property or an interest in the
real property of the City, of a mortgage or other encumbrance on
the property, or a change in ownership or control of an
artificial person with which the City has entered in a contract
shall be transferable except with the approval of an ordinance by
4/5 of the Commission. Copies of all transfers, mortgages,
encumbrances, changes in ownership or control, or other documents
affecting the title or use of the property shall be filed with
the City Manager within 10 days after notice is published in a
newspaper of general circulation in the City of South Miami once
a week for at least two consecutive weeks, not less than 14 days
prior to the meeting the Commission will consider the matter.
(Amended 2/8/00)
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 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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 30
Charter. (Amended 11/02/10)
ARTICLE VI (Cont’d)
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 11-02-10 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 11-02-10 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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 33
Southeast quarter of the Southwest quarter of Section 24
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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 34
Railway Company (Miami Belt Line) to a point on the North line of
the Southeast quarter of aforesaid Section 26; thence Easterly
along 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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 35
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 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:
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 36
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-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
SOUTH MIAMI CITY CHARTER
AMENDED 11-02-10 37
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 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.