CHARTER1994CHARTER
CITY OF SOUTH MIAMI
ARTICLE I
SECTION i.Name
"Citv o?q«?£h tnmun^tclPal,government existing under the name,Cl?°f South Miami"shall continue to exist and shall continuetobeknownas"City of South Miami".continue
SECTION 2.Existence
This municipal corporation shall have perpetual succession.
SECTION 3-Boundaries
th*qnn?ioot?g at *^J*in ?he center ot Southwest 57 Avenue atf^?^C°r.ner °f Section 36'Township 54 South,Range 40tnlL^?nne^UnSlng N?rtherly al^ng 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
^t^?0™Sf^f^,.af0reMid Section 25;thence running«?q~1*o.g ^w N°rth llne of the aforesaid Southeast quarter
Street m^«JL't,^Same b*ing the Center line of Southwest 64S(Hardee Road)approximately 1,660 feet to the East line ofHAMLETsaidpointbeingtheSoutheastcorneroftheWestha??of
the Southeast quarter of the Southwest quarter of the Northeast
therF^°f-af°r;^id SeCti°n 25 thMce'ruiming NG^er^SSStheEastlineofHAMLETandAVOCADOHOMESadistanceof19882
thfsoSLT leSSZ to the Northeast corner of the West half ofaLrtPrnfquarteroftheNorthwestquarteroftheNortheast
corner ofthr!^h25VthenCf rUnning West*rly to the NorthwestS«2?k 5 Southeast quarter of the Northwest quarter of thetTo^r6"of Section 25,aforesaid,a distance of lle.ot
„€iu™xf JL 1S;thence running Northerly along the East lineoftheNorthwestquarterofNorthwestquarterofNortheast
1 SOUTH MIAMICITY CHARTER
AMENDED 2/94
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,
moreor less,thence running Northerly alongthe East lineofLA
HAMACA SUBDIVISION,tothe Northeast corner ofthe 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 ofthe Northeast quarter ofthe 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 ofthe East half ofthe West half ofthe
Southeast quarter of the Southwest quarter of Section 24;thence
running Southerly a distance of 1,371.49 feet,moreor 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
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
2 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
Avenue,at the Northeast corner of GRANDVIEW PARK SUBDIVISION;
thence running North along the East line ofthe West half ofthe
Northwest quarter of the Southwest quarter of Section 24,to the
Northwest corner ofthe Southeast quarter ofthe 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,tothe Southeast corner oftheWest half ofthe Northeast
quarter of the Northwest quarter of the Southwest quarter;thence
North 660 feet,more or less,tothe center line of Southwest 48
Street,said point being the Northeast corner ofthe West half of
the Northeast quarter of the Northwest quarter ofthe Southwest
quarter;thenceWestalongthe center lineof Southwest 48 Street
990 feet,more or less,tothe 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 ofthe 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)toa 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,tothe 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 ofthe North 1/2 ofthe Northeast quarter ofthe Northwest
quarter of the Southwest quarter of Section 36;thence North 33 0
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
3 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
intersectionofthecenterlineofSouthwest80Streetand
Southwest 62 Avenue,said point being thecenterof Section 36,
Township 54 South,Range 40 East,a distance of 1,320 feet,more
orless,thence running Southalongthe center lineofSouthwest
62 Avenue,said line being the West line ofthe 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
orless,;thence Easterly alongthe center lineof Southwest 88
Street2,640feet,moreorless,to the Southeast corner of
Section 36,Township 54 South,Range 40 East,said point being
thePointof Beginning.ALSOthefollowingdescribedareasin
Section 24,Township54 South,Range40 East:Allofthe
Northeast quarter oftheSoutheast quarter oftheSoutheast
quarter of Section 24,Township 54 South,Range40 East,the same
being the ORCHARD HEIGHTS and RIVIERA PINES SUBDIVISIONS.
Allofthe Northeast quarter ofthe Northeast quarter ofthe
Southeast quarter ofSection 24,comprisinga Re-subdivision of
Blocks 5,6andtheNorthhalfofBlock 15,BILTMOREHEIGHTS
SUBDIVISION,togetherwithallthe streets and avenues lying in
theNorthwestquarteroftheNortheastquarterofthe Southeast
quarterandtheNortheastquarteroftheNorthwestquarterofthe
SoutheastquarterandtheNorthwestquarteroftheNorthwest
quarter ofthe Southeast quarter andthe Northeast quarter ofthe
Northeast quarter oftheSouthwestquarterandallofthetract
oflandintheEasthalfofthe Northwest quarter ofthe
Northeast quarter ofthe Southwest quarter of Section 24,
together withthe following described lots:Lots 9,10,11and
12of Block 9;Lots 1,2,3of Block 13;Lots20and21ofBlock
1;of BILTMORE HEIGHTS as recorded inPlatBook21at Page 34 of
thePublicRecordsofDade County,Florida.
ALSO:
TheEast80feetofTract 4,BILTMORE HEIGHTS REVISED,recorded
inthePlatBook39atPage65ofthePublicRecordsofDade
County,Florida;also formerly knownasLots 23,24,25andthe
East 5feetofLot 22 in Block 4of 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 atthe Northeast corner of Section 24,atthe
intersection of the center lines of Southwest 57 Avenue (Red
Road)and Southwest 40 Street (Bird Road);thence running
Westerly alongthe North line of Section 24 (center line of
Southwest 40Street)to the Northwest corner of the East half of
the Northwest quarter ofthe Northwest quarter ofthe said
section;thence running South along thewestlineofthe East
4 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
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
distanceof3,960 feet,moreor less,thencerunning Northerly
alongtheWestlineoftheEasthalfofthe Northeast quarterof
the Northeast quarter of Section 24 to the Northwest corner of
theSouthhalfoftheSoutheastquarterof the Northeast quarter
of the Northeast quarter of said section a distance of330feet,
more or less,thence running Easterly along the North line of the
Southhalfof the Southeast quarter of the Northeast quarter of
the Northeast quarter of said section to the East line of Section
24,a distance of660feet,more orless,to the Northeast corner
of the South half to the Southeast quarter to the Northeast
quarteroftheNortheastquarterofSection 24,saidpointbeing
inthe center lineof Southeast 57 Avenue;thence running North
alongtheEastlineofSection24totheplaceofbeginninga
distanceof990 feet,moreor less;however,excludingfromthe
above description certainparcelsand tracts ofland,butnot
excepting any rights ofwayfor highways within the area
described,the exceptions beingasfollows:
AlllotsintheSoutheastquarterofthe Northwest quarterofthe
Northwest quarterandtheEasthalfofthe Northeast quarterof
theNorthwestquarteroftheNorthwestquarterofSection 24,
Township54 South,Range40 East,Tract 1-A andLots 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 24as
recorded inPlatBook35atPage26of the Public Records ofDade
County,Florida.
ALLlotsintheNortheastquarteroftheNorthwestquarterofthe
NortheastquarterandintheNorthhalftotheSoutheastquarter
oftheNorthwestquarteroftheNortheastquarterofSection 24,
Township 54South,Range 40East.
ALLlotsinBlocks4and 5,withthe exception ofLots21and24
inBlock 5,ALLlotsinBlock3withtheexceptionofLots
1,2,9,10,11,12,13,14,15,and 16,;ALL lots in Block 6,with the
exceptionofLots 8,9,13,14,15,16,17,18,19,and 20;ALL
lotsinBlock 7,withthe exception ofLots 14,17,18,19,20,
21,22,24,25,26,and 27;as contained in WESTERFIELD MANOR,
Section One,TwoandThreelocatedinthe Northeast quarterof
the Northeast quarter of Section 24,aforesaid,and recorded in
PlatBook18atPage47andinPlatBook27atPage9oftheDade
CountyPublicRecords,andthe jurisdiction andpowersofthe
CityofSouthMiami shall extend overalllandswithinsaid area,
whetherplattedorunplatted,andincluding,butnotlimitedto
5 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
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 15of 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
saidUNIVERSITYGARDENS SUBDIVISION,NO.1,thencerunwesterly
along the North line of said Block 2,of UNIVERSITY GARDENS
SUBDIVISION NO.1toa point ontheEast right of way lineof
Southwest 59Avenue;thence run Northerly along the Eastrightof
way line of Southwest 59 Avenue to the intersection of the North
right-of-way lineof Southwest 62 Street,thencerun westerly
along the North right-of-way of Southwest 62 Street to the West
boundary line of UNIVERSITY MANOR FIRST ADDITION as recorded in
PlatBook 48,atPage45ofthePublicRecordsofDade County,
Florida,thence run southerly along the west lineofsaid
University Manor First Addition and the West line of STORMPROOF
SUBDIVISION as recorded in Plat Book 47at Page 12of 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 64Street,
the same being point of beginning.
ALSO the NW1/4of the NE1/4of the NE1/4 and the NE1/4of the
NW1/4of the NE1/4allof Section 25,Township 54South,Range
40East,less the North50feetthereof,DadeCounty,Florida.
Thetitleand jurisdiction overall streets,thoroughfares,
sidewalks,parks,alleysand public lots withintheCityofSouth
Miamiandallotherpropertyandmunicipalpublicworksofthe
Citynow owned,possessedoroperatedbyitisherebyvestedin
theCityofSouth Miami,as created bythisactasmaybe
contracted or expended.
SECTION 4.Form of Government
ThisCityshallhavea Commission-Manager government.
SECTION 5.Authority
ThisMunicipalCorporationshallhaveallthe rights,
privilegesandimmunitieswhichmayhavebeenorhereafterbe
granted under the Constitution and General Laws of the State of
Floridaandsuchotherrights,privileges and immunities which
may have beenormay hereafter be granted under general actsof
6 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
the legislature of the State of Florida,including but not by way
of limitation,the rights,privilegesandimmunitiesunderthe
Home Rule Amendment,Article 8,Section 2of the Constitution of
the State ofFlorida,andany amendments thereto which have been
or may hereafter be enacted.
ARTICLE II
COMMISSION
SECTION 1.Composition
\IQAj4U*0
The Commission shall consist of a Mayor and fourVy^;^;co^issioners.{^^^A^^^JUo^^Q^^Zl
SECTION 2.Mayor /U^'
The Mayor shall preside at meetings for the City Commission N Cfjii^
andshallberecognizedasHeadoftheCitygovernmentfor
ceremonial purposes.The Vice-Mayor shall serve for a two (2)]
year term and shall be the Commissioner receiving the greatest /i ji
number of votes in the preceding general election.^J,p drT
SECTION 3.Compensation
The annual salaries and expense accounts of the Commission
shall be prescribed by ordinance and fixed in the annual budget
andshallnotbe increased aftersuchbudgetshallhavebeen
submitted and approved./1/jlW-£J -la^~^_fXfr*VL *
SECTION 4.Vacancies
TheOfficeofa Commissioner shall becomevacantuponhisor
her death,resignation,removal from office in any manner
authorized bylaw,orby forfeiture ofhisorheroffice.
^-Forfeiture of Office.A Commissioner shall forfeit his
or her office if heor 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 J s)
this Charter,(3)is convicted of a felony or crime involving VP^Y
y Wgl turpitude,(4)wiTTfirily and inLeiiLiunally fails to attend
tj?<££3$f consecutive regular meetings of the Commission without being
^sC excused by the Commission.Grounds of forfeiture for (1)and (2)
will be determined bya Court of competent jurisdiction.Grounds
of forfeiture for (3)and (4)will be determined by the City
Commission.
B-Filling of Vacancies.Anyvacancyinthe Commission
7 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
shall be filled for the unexpired term by the Commission within
15 days from the date of the vacancy.If the Commission fills
such vacancy within the time prescribed,the person so chosen
shall serve in such capacity only until the next general
election.If the Commission shall fail to make such appointment,
then the vacancy shall be filled bya regular or special election
tobe held not less than 30 days nor more than 60 days from the
date of the vacancy.If the vacancy occurs in the office of
Mayor and the Commission selects a member of the Commission as
Mayor,this shall create a vacancy in the Commission.If the
person so selected as Mayor had an unexpired term extending
beyond the time of the next general election,that individual so
selected as Mayor shall have the option of notifying the Clerk of
the City of South Miami 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.Ifhe
or she should exercise this option,his or her seat as
Commissionershallbeconsideredvacantforhisorherunexpired
term.Ifheor she should not exercise this option,heorshe
shall be considered as serving temporarily as Mayor hereunder and
shall revert automatically to his or her unexpired term to which
he or she has been previously elected.
Should any vacancy occur more than nine (9)months prior to
the general election,the Commission shall have no power tofill
thesame;the unexpired term shall be filled bya special
electionbeingheldnotlessthan45daysnormorethan60days
after suchvacancy occurred.^-—,->.i
SECTION 5.Meetings <^V-^X
A.Attendance.
shall be public.
All meetings of the City Commission
B.Special Meetings.Special meetings maybeheldupon
call by the Mayor or three or more Commissioners.Written
notice of said meeting shall be delivered to the members ofthe
Commission bytheCityClerk twenty-four hoursbeforesuch
meetingis held.Nobusinessshallbetransactedatanyspecial
meetingotherthanthatforwhichthe meeting wascalled.
Provided,however,thetimelimitmaybewaivedintimeofpublic
emergency affecting life,health,property orsafety.
C.Regular Meetings.The Commission shallmeetregularly
atsuchtimesandplacesasmaybe prescribed byitsrulesbut
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,itshallfollowRobert'sRulesof Order (Revised).
E.Record The Commission shall keep a permanent written
8 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
publicrecordofits proceedings.
F.Quorum.Four members of the Commission shall constitute
a quorum for a regular meeting and three members shall constitute
a quorum fora special meeting.
SECTION 6.Ordinances
TheCityCommissionshallactonlybyordinanceorwritten
resolution and those acts of the City Commission shall be by
ordinance which:
(1)Adopt or amend an administrative code or
establish,alteror abolish anyCity department,
office or agency.
(2)Providefora fine orotherpenaltyor
establish aruleorregulationfor violation of
whicha fine or other penalty is imposed.
(3)Levy taxes
(4)Grant,renew or extend a franchise and
regulate public utilities service rates.
(5)Authorize theborrowingofmoney.
(6)Conveyorleaseorauthorizetheconveyance
orleaseofanypropertyofthe City.
All other acts maybe accomplished either by ordinance or
resolution except as otherwise provided bythis Charter.
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 caption.The enacting clause shall be
"BE ITORDAINEDBYTHEMAYORANDCITYCOMMISSIONOFTHECITYOF
SOUTH MIAMI,FLORIDA"
Any ordinance which repeals or amends an existing ordinance
or part ofthe CityCode shall be set outinthe caption ofthe
ordinance of section of the Code.
•B*Introduction.An ordinance or resolution maybe
introduced by any member at any regular meeting of the
Commission.
(!)Procedure.After introduction ofany ordinance,the
9 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
City Clerk shall prepare a number of copies and shall
distribute a copy to each member ofthe Commission and
tothe Manager.The City Clerk shall also file a
reasonable number of copies in the office of the City
Clerkandsuch other public places asthe Commission
may designate,together with a notice setting out the
time and place for a public hearing thereon and for
its consideration bythe Commission.
(2)Public Hearing.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 tobeheard.
(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 emergent.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)
(4)Publication.As soon as practicable after the adoption
of an ordinance,the City Clerk shall post the
ordinance in a conspicuous place in the City Hall of
South Miami.
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 or 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 except as set forth in Article VI,Section 2.(Conflict of
Interest).
,.1-Requirements for Adoption.All resolutions or
ordinances shall be adopted by not less than three (3)
affirmative votes of the Mayor and Commission;provided that
specifically designated matters shall require four (4)
affirmative votes except if two (2)members are recused,in which
C?S?-,ai1 three <3)affirmative votes are required/and recusal(s)
shall be counted for purposes of a quorum only.
2*Exceptions.Except as otherwise provided in this
Charter,four (4)affirmative votes of the City Commission shall
be required in the following instances:
10 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
To issue bonds or borrow money
Togrant,renew or lease franchises other than
public utilities
Tosell and/or leaseproperty
Toliberalizezoning
To appropriate or expend non-budgeted funds
An initiatory ordinance pursuanttoArticle V
Notwithstanding any other provisions of Article II,section
6D.,the following shall apply in the enactment of emergency
ordinances:If three members or four Commission members are
present,an affirmative vote of three members shall be required
for adoption;if five Commission members are present,adoption
shallrequiretheaffirmativevoteoffour members.
3-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 such
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 atthemeetingatwhichitis introduced.
If three or four Commissioners are present,the affirmative
vote of three members shall be required for adoption.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
foradoptionofemergency ordinances.
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.
11 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
2--A City Attorney and such Assistant city Attorneys aB
may be necessary who shall act as the legal advisor for thl
SESr^SiV*V"a11 °f itS °«i"rs in matters relating to
be a'iferof £"?"J"?dUt±eS-The Citr Attorney shanth«%i«?£nf *»iat -^eaS*flv?years Practice in the Courts oftheStateofFloridaimmediatelyprecedingthetimeofhisorherappointment.He or she shall preplre or review alf
ordinances,resolutions,contracts,bonds and other written
instruments in which the municipality is concerned and shallendorseoneachhisorherapprovaloftheformi™,™,*^
ordsheeshair ^^"^re<JUired b*the ^ssion?hecTi-v »f?Prosecute and defend,for and in behalf of the
city'S1 aOB,oa^CtS'h^itS'a"d contr°versies in which theY4.-i\?Party/before any Court or other leaallvZ?T££ettt£sn£lb?-°r >rS-ha11 ""^rsulh odirect-and heo.«1-^the City as the Commission mayairect,and he or she shall perform such other professional
Resolution ofV*r"*iir«*°f »»i»or her by Ordinance orResolutionoftheCommissionorbythisCharter.
3.*City Clark and such deputies that may be necessarv
who shall give notice and attend all Commission meelinas'keep the minutes and records of all of the proceedings^of
al?SS'Sffm-'11 b00kS'Papers and Sg ofallkindscommittedtohisorhercareduringhisorher-
tenure;keep the corporate seal of the Citv and afiMv «»f
conductWfUily dir.^^administer oaths;ha^e charge of ?Seconductofmunicipalelections;act as Supervisor ofRegistration;act as clerk of the Municipal Coirt anf
perform such other duties as shall be required by th?s
restricted ^v ^the^HLaWS ,°f,the State °f FlorTda^unlessMetropolitan^ade^oun^^*-»*-"*provisions of
offices s^aTlT^"^e^Sularie?and exPe«se accounts of allbudget!prescribed by ordinance and fixed in the annual
C.Vacancies.The City Commission shall have power in the
^„°te'sickness or disqualification of any of these officers tl
thPrtf (3%)SUdCaCy\SSafterndSuSchh°U0ld ^C°™^™not do^w^hintheMUr^^^int'Tsuccessor!"61106'"Sha11 **the dUty °f
SECTION 8.Boards artrl Committ***
emission the ComiIllssl°"**the purposes defined by the
B-°rc?i,lanm Provision-For any Board or Committee
12 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
hereinafter established by ordinance,the Commission,but not bv
way of limitation,shall provide for the following:
(1)number of members
(2)term of members
(3)selection of chairperson
(4)quorumformeetings
(5)dutiesofboardsand committees
C.Mandatory Board There shall,at all times,be a Planning
Board composed of residents of South Miami whose members shall be
appointed by the Mayor with the advice and consent of the
fE^i1011'*,?°^dUly ele<rted official,officer or employee oftheCityshallbeanappointeehereunder.Notwithstanding any
£d?n^°V1S1°Vf hr^lB "'but not h*wa^of limitation!the
provisions:Creang B°ard Sha11 contain the following
1.The Planning Board shall be a continuous body and shall
be composed of seven (7)members.A quorum for its meeting shall
SZLtnt?.(5).mem.bers'The Board sh*H investigate andrecommendtotheCommissionsuchchangesintheboundariesofthe
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.y ua
In arriving at its recommendations,the Board shall
£2!!ldS;'^^.„by Way °f Imitation,the character of thearea,the suitability of particular uses,the conservation of the
property values and the direction of building development.In
S?f 2'*S ?°ard Sha11 investig*te and make recommendations to
rehabii?t^ton10n °n ,.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 citvCommissionuntilapublichearingthereon.No application f2
zoning changes shall be filed in the name of the City without
prior approval of the City Commission.There shall be no change
£*.fniK9 Kn°r any amendment to the zoning laws unless proposalsforsuchchangeshavefirstbeenreceivedbythePlanningBoard!
SECTION 9.Investigating*
Notwithstanding any other provisions of this Charter the
Commission or its authorized representative or representatives
may make investigation into the affairs of this City andI the
conduct of any city department,Board,Officer or Agency and for
this purpose may subpoena witnesses,administer oaths,take
13 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
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 notmorethan 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 anv
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.
ARTICLE III
THE CITY MANAGER
SECTION 1.Appointment
~.Thf.city Commission shall appoint a City Manager by the
affirmative vote of a majority of the members of the citv
Commission.y
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
thereto2^SCh°01 °f 9°vernment or have experience equivalent
SECTION 3.Removal
.J??e Ci*y Commission may remove the City Manager from office
t,^-k ir 1Ve Vote of a ma3°rity of all of its members,with orwithoutcause.If his or her removal is without cause,the Citv
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 Citv Manager
14 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
ni~*A'.^SSsmmMMtioa The Manager may recommend,bv letterfiledW1ththecityclerk,subject to the approval of thecommission,a qualified City administrative officer to exercise
the powers and perform the duties of the Manager durina anv
noTserve torTtJlJ'T^SUCh aCting ^V "antger^sha??not serve tor a period longer than 90 days.During such absence
or disability,the Commission may decline such recommendation atanytimeandappointanotherofficeroftheCitytrierveuntil
the Manager shall return or his disability shall cease
as set'forth *£*ta?^TTT^r.•JUring SUch absence or disabilityActfnari^J m=„(A)'^tf the Flty onager fails to recommend anActingCityManager,the Commission shall name an Actina ManiLo,-to serve at the pleasure of the Commission.9 Mana^er
SECTION 5.Powers and Duties
h„,The City Manager shall be the chief executive officer and
=ha k ,*?*adnllnistrative branch of the City government He orsheshallberesponsibletotheCommissionfortheJ™
?df1^^ra-i°n °f a11 affairs of the cit^Hrorshe^Kthefollowingpowersanddutiesto:nave
A.Appoint and,when necessary for the aood of the ri+vremoveanynon-elective officers or employ^of thl CitvC?tvecommU^n?a«thorized to be appointed and removed by the
clvL^vSTrovi^ns41.1115 SUCh rem°Val d°6S not ">*"-*with
B.Prepare the budget annually and submit i+-*-«4-^~2SSE?"^be ™**™^^r yifan,idISa^.t1L.t0^
r,..hn^'=,Submit to the Commission and make available to the
activities^2^6^ry "l°nth °n the "nances and administrativeactivitiesoftheCity,together with his or her recommendations?
f.„?•Prepare and submit to the Commission at the end of the
fcSvitSfol the^cftv",reP0.rKt °n thS -finances and administrativedctivitiesoftheCityfortheprecedingyear.
d«n»r+™o«*«ireC**.and suPervise the administration of alldepartments,offices and agencies of the city except tt
otherwise provided by this Charter or by-law;pVescrTbe tho
^SS^iUtiL11ofdSr^n "^the ^ies?W'au?hor?ties andresponsibilitiesofthedepartmentheads.
part Ik discuIsLn.11 C01Mnission stings with the right to take
G.Perform such other duties as are specified in this
15 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
Charter or which may be required by the Commission.
H.Contract for the purchase of any supplies,materialsequipmentorservicesforanydepartmentofthePcityinanamount
n?1 and inc^udln9 One Thousand ($1,000.00)Dollars whenever neorshedeemsitnecessaryandpropertodoso.All contracts for
Com^issLn.n eXCeSS °f $1'°00-00 sha11 »*approvedCbf?hetSCi?y
P,f„*13-Purohases of supplies,equipment and materials for the
«£11 g<?vernment in excess of One Thousand Dollars ($1,000 001shallbeapprovedbytheCityCommissionaftercompetitive
^ro™1^11?sha11 *ave *een maintained and competitive b?Ss sough?from at least three different sources of supply if available
such determination to be made by the Commissio^anH
?hr:uahS\atnhdlng ^foregoin^the "city uy^''purchases
biddiS P^ohce^Trnmental agenCieS Wh°^f°lloWed simil-
ARTICLE IV
Finance
SECTION 1.Fiscal Year-
as th^fi^V^V*the City of South Miami shail be the sameasthatsetbyDadeCountyoritssuccessors.
SECTION 2.Budget
davs tio/in ^v Mana?er sha11 Bubinit to the Commission,60?^h -5u beginning of the fiscal year,an annual budgettogetherwithanexplanatorymessage.The budget,budget messaae
nubnf,1-SUPP<lr.tinlSChedUles'sha11 be a Public'record open topublicinspectionbyanyone.p
k-uSIw *yblic Hearings At the meeting of the Commission at
shan SSeSSSTiE?t"dget TSTge are fitted,tST^wJnhJSiii-t U®^he time and place for a public hearing on thebudget,at which time,interested persons shall be aiven an
S^Eity V F heard-The City C?erk shall post a n9ot7ce o?the place and time not less than five days after the date ofpostingatwhichtimetheCommissionwillholdapublichearing?
+u~r>°'•Ad?ustment*After conclusion of such public hearinasITleZ^nl*?^°r may increL.,dec^as^oraeietetheitemsofthebudget;provided,however,if the total
eve^trOPOthed S^teiT F^™*^*thereb^then a«^ln thatrZt^lL ™®.CltY Clerk shall post a notice setting forth thenatureoftheproposedincreaseandlistingaplaceLdtimenot
16 SOUTHMIAMI CITY CHARTER
AMENDED 2/94
hlarin?therein."***""the ***°f *°Stin9 °f «»P«bllc
=*«•D*^.AdoPtlon -The budget shall be adopted bv thr-ee tt\affirmative votes of the City Commission not later than ten nil
days prior to the beginning of the fiscal year %h™,£(IV
Commission take no final action on or prior to said d!te the
SSfffti ?4.tUbaitted'sha11 be deemedP to have bfen finallyadoptedbytheCommission,provided that if t^T ^Z^.i finally
ofntheinnany-dePart-nt «dlpaTtme^ts'exceeds ^n ^ercent^do")
**•Modification*
«anag£tffgSSSrife^^g^^^/f^t rlso'lV^
genLrrCcfasririacaPtri°oPnriaofi0n *^~^£'t^STES^r "^ciassirication of expenditure within an o^-;~«
S^e mo^thsheo^8?^^ar^tS^^^^
port^Se^^^^^^^portion tnereof from one office or department to another
^.<-iuy.such notes shall not exceed in&«-f +-k^4-^4.i
S^To^t^Tut^alT sCuUcrhrent *^^*^££
sntlfhave been issued ^F"i"Which the original notes
SECTION a..Revenue*?
A.Taxation The Commission shall levy such taxes as
17 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
authorized by law to meet the appropriations made not later than
the next Commission meeting after adoption of the budqet as
?e?^ded ln ^i*IV'Section 2 D'If the commission shall"J"8?or ne9lect to pass an ordinance levying the taxes for anv
budget year,the ordinance last previously passed lewina taxesshallcontinueinfullforceandeffectandafailurPtopalsa
anyrtaxes°.rdlnanCe Sha11 in n°Way invalidate the collection o?
B.Assessment In the event Dade County shall fail or ceasetoassessproperty,the city shall have the right,power and duty
to assess all property in an amount not to exceed that permittedbyStateLawortheHomeRuleAmendment.permitted
C.Bonds.The City shall have the power to issue bonds only
after an election in which at least 25%of the voters who are
?hf same SEFV'r?±ding **Said City'Sha11 P^ticiplte andthesameshallhavebeenapprovedbyamajorityofthevotes
SECTION 4.Administration
A.Control The city Manager shall have charge of the
SrS0^sect's?131 affalrS °f ^City in Lc-da-
m-+A~fustodYof 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 fundcomingintohisorherhandsinsuchdepositoriesasLbedesignatedbyResolutionoftheCommission."orles as maY be
all r?™™JLPf°Val "I-"r^n*ir"rp?Thp City Manager shall approvea*lPr°Posed.expenditures,but'«nless he or she shall certify
availablf^un^"L unencult,b^ed balance of appropriation and
eaSdtoeftSl'l be°made!0^100 ^be encu»be~«—no
„.,D:„Multi-annual—Contracts No contract involvina the
shaTr^LTe"6/°Ut °f ^aPPr°Priatio„s of more than onf year
such contract he°™aiSerl?d °f mSr*than 4 *ears'n°r shall anyIhallbe^il d ^leSS made or aPProved by ordinance.itshallbemandatoryontheCommissiontoprovidefundsineachsucceedingbudgetforcontractsextendingmorethanoneyearns
herein provided.Providing,that this section shall not restrictthetermofGeneralObligationorRevenueBonds.restrict
fVi .Audlt The Commission shall designate a qualified Certified
^he^Aooountant who,at the end of the fiscal year and at suchothertimesasorderedbytheCommission,shall make an
independent examination and review of accounts and other
18 SOUTH MIAMICITYCHARTER
AMENDED 2/94
evidences of financial transactions by the City government,and
shall submit such report,together with his or her
recommendations for improving fiscal control,to the Commission
and to the City Manager.Such accountant shall have no personal
interest,direct or indirect,in the fiscal affairs of the Citv
government or any of its officers.He or she 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 bv
any office or department of the City.
ARTICLE V.
Elections
SECTION 1.Qualifications
A.Any person who is a duly registered voter of 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:
tL^K ,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 for at least one (l)year
immediately before the date of the election in which he or she is
seeking election.
Exhibited to the Clerk proof that he or she is a qualified
elector of the city of South Miami and has regularly and
continuously resided in the city of South Miami and has occupied
of the°Cite deSlgnated as residential property by the ordinances
(2)Paid a qualifying fee of $100.to the City Clerk
(3)Taken the following prescribed sworn oath:
"I hereby accept the nomination for Mayor/Commissioner,and aqree
to serve,if elected,and further that I hereby make the
19 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
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 forthe office
of r that he/she is a qualified
elector of Dade County,Florida;and that he/she is qualified
under the Constitution and the laws of Florida,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 anyofthe laws ofthe
State relating to elections or the registration of electors;that
he/she has qualified forno other public office inthe 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;andthathe/shehas 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)AnyofficialoftheCityofSouthMiamiwhoiselected
or appointed toany office and qualifies for an elective office
outside the City of South Miami shall forfeit his (her)office by
thefactof such qualification.
(6)No person shall be certified for nomination toan
elective office in the City of South Miami who concurrently has
qualified for nomination of or is concurrently holding an
elective office outside the City of South Miami.
(7)Anypersonwho qualifies foranelectiveoffice 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
20 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
SouthMiamiandhis (her)nameshallbestrickenfromthe ballot.
SECTION 2,General Elections.
A.Time General elections for the Commission shall beheld
during February of each even year,the day,place andtimetobe
setby ordinance,atwhichtimetheMayorshallbeelectedtoa
termoftwoyearsandtwocommissionersshallbeelectedtoterms
of four years.
B.ModeThe office oftheMayor and Commission seats shall
be filled on the basis of the highest number of votes received by
the candidates.Ateachgeneralorspecialelectionwherethere
areatleasttwo (2)Commissionerstobe elected,theelection
shall be conducted on a group basis for each member of the City
Commissiontobeelected.EachCommissionseattobefilledat
said election shall be designated numerically,and each candidate
fortheCityCommissionshalldesignateinwhich numerical
groupingheorsheistobeacandidate.No candidate shallrun
for office in more than one numerically designated group.
SECTION 3.Special Elections
As prescribed under Article II,Section 4B.
SECTION 4.Runoff Elections
Intheeventofatie vote,runoff elections shall be held,
if necessary,within thirty (30)days from the date ofthe
canvass of the votes castatthe regular elections.
SECTION 5.Procedures
A.Provisions.The City Commission shall provide,by
ordinance,forthe procedures ofelectionsnotinconsistentwith
SateLawsand/orthe Metropolitan DadeCountyHomeRuleAmendment
andCharter,except as specified herein.
B.Canvassing Committee Upon the closing ofthe polls and
the casting ofthe ballot bythe last person then entitled to
vote,the Canvassing Committee,comprised ofthe majority ofthe
Commission andthe City Clerk,shall publicly record the results
ofthe election and proceed to tabulate the absentee ballots and
certify the results.
<?•Installation At 8:00 P.M.ontheday following any City
electionintheCityofSouth Miami,theCommissionshallmeetin
special session for the sole purpose of receiving the certified
report ofthe Canvassing Committee and thereupon the installing
officer,selected by the duly elected incoming Mayor,shall
21 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
install thenewly elected MayorandCommissionmembersafterthey
shall have taken the prescribed oath of office.
D.Oath of Office Every officer of the City shall,before
entering upon the duties ofhisor her office,take and subscribe
tothe following oathor affirmation tobefiledandkeptinthe
office of the City Clerk.
"I solemnly swear (oraffirm)that I will support the
constitution and will obey the lawsof the United States and of
the State of Florida;that Iwill,in all respects,observe the
provisions oftheCharterandtheOrdinancesoftheCityofSouth
MiamiandwillfaithfullydischargethedutiesoftheOfficeof
SECTION 4.Initiative and Referendum
A.General Authority
(1)Initiative ThequalifiedvotersoftheCityshallhave
powerto propose ordinances to the Commission and,ifthe
Commission fails toadoptan ordinance so proposed withoutany
changeinsubstance,toadoptorrejectitata city election,
providedthatsuchpowershallnotextendtothebudgetor
capitalprogramoranyordinancerelatingtoappropriationof
money,levyof taxes or salaries of City officers oremployees.
(2)Referendum The qualified voters of the City shall have
powertorequire reconsideration bytheCommissionofanyadopted
ordinanceandiftheCommissionfailstorepealanordinanceso
reconsidered,toapproveorrejectitataCity election,
provided thatsuchpower shall notextendtothebudgetor
capital program orany emergency ordinance or ordinance relating
to appropriation of money orlevyoftaxes.
B.Commencement of Proceedings.Petitioners;Committee;
Affidavit
Aminimumof100qualifiedvotesmaycommenceinitiativeor
referendum proceedings byfilingwiththeCityClerkanaffidavit
stating thatthey will constitute thepetitioners1 committee and
beresponsibleforcirculatingthepetitionandfilingitin
proper form,statingtheirnamesandaddressesandspecifyingthe
address to which all notices to the Commission are to be sent and
setting outin full the proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
22 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
Promptly after the affidavit of the petitioners'committee
is filed,theCityClerkshallissuetheappropriatepetition
blanks to the petitioners'committee.
C.Petitions
(1)Number of signatures.Initiative and referendum
petitions mustbesignedbyqualifiedvotersoftheCityequalin
number to at least 15%of the total number of qualified voters
registered tovoteinthelastregularCityelection.
(2)Form and Content All papers ofa petition shall be
uniform in size andstyleand shall be assembled asone
instrumentfor filing.Eachsignatureshallbeexecutedininkor
indeliblepencilandshallbefollowedbytheaddressofthe
person signing.Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance
proposed or sought to be reconsidered.
(3)Affidavit of Circulator Each paper ofa petition shall
have attached to it,when filed,an affidavit executedbythe
circulator thereof,statingthatheorshepersonallycirculated
the paper,the number of signatures thereon,that all the
signatureswereaffixedinhisorher presence,theheorshe
believes themtobethegenuinesignaturesofthepersonswhose
names they purported tobeand that each signer had an
opportunity before signing toread the full text of the ordinance
proposed or sought to be reconsidered.
(4)Time for Filing Initiative or Referendum Petitions.
Petitionsmustbefiledwithinthirty (30)daysafterthe
Commissionhasfailedtoadoptaproposedordinanceorfailedto
reconsideranadoptedordinancewhenrequestedtodo so.
D.Procedure after Filing.
(1)Certificate of Clerk;Amendment.Within ten (10)days
afterthepetitionis filed,theCityClerkshallcompletea
certificate asto its sufficiency,specifying ifitis
insufficient,the particulars wherein itis defective andshall
promptly send a copy ofthe certificate to the petitioners'
committeeby registered mail.Apetition certified insufficient
forlackoftherequirednumberofvalidsignaturesmaybe
amended once if the petitioners'committee files a notice of
intention toamenditwiththe Clerk withintwo days after
receivingthecopyofhisorher certificate,andfilesa
supplementarypetitionuponadditionalpaperswithinten (10)
days after receiving the copyofsuch certificate.Within five
(5)days after such supplementary petition isfiled,theClerk
shallcompleteacertificateastothesufficiencyofthe
23 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
petitionasamendedandpromptlysendacopyofsuchcertificate
tothe petitioners'committeebyregistered mail.Ifapetition
or amended petition is certified insufficient and the
petitioners'committee does not elect toamendor request
Commissionreviewundersubsection 2,below,within thetime
required,theClerkshallpromptlypresenthisorhercertificate
to the Commission and the certificate shall then be a final
determinationastothe insufficiency ofthepetition.
(2)Commission Review Ifa petition has been certified
insufficient andthepetitioners'committee does notfilea
noticeofintentiontoamenditorifanamendedpetitionhas
been certified insufficient,the committee may,withintwo (2)
days,after receiving thecopyofsuchcertificate,filea
request that itbe reviewed by the Commission.The Commission
shallreviewthe certificate atitsnextmeeting following the
filingofsuchrequestandapproveordisapprove it,andthe
Commission's determination shall then be a final determination as
to the sufficiency ofthepetition.However,the Commission
shall not declare a petition to be insufficient unless the
findings oftheCityClerkare illegal orare factually in error.
(E)Referendum Petitions;Suspension of Effect of Ordinance.
When a referendum petition is filed with the City Clerk,the
ordinancesoughttobereconsideredshallbesuspendedfrom
taking effect.Such suspension shall terminate when:
(1)Thereisafinaldeterminationof insufficiency ofthe
petition;or
(2)Thepetitions'committee withdraws thepetition;or
(3)The Commission repeals the ordinance.
(F)Actions on Petitions
(1)Action by Commission When an initiative or referendum
petitionhasbeenfinallydetermined sufficient,the Commission
shall promptly consider the proposed initiative ordinance in the
manner provided in Article II or reconsider the referred
ordinance by voting itsrepeal.If the Commission failstotake
action ona proposed initiative ordinance without any change in
substancewithinthirty (30)daysorfailstorepealthereferred
ordinance withinthirty (30)daysafterthedateofthe petition
wasfinallydetermined sufficient,itshallsubmittheproposed
or referred ordinance tothevotersoftheCity.
(2)Submission to Voters SuchCityelectiononaproposed
orreferredordinanceshallbeheldnotlessthanthirty (30)
daysandnotlaterthanseventyfive (75)daysfromthedateof
24 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
thefinalCommissionvote thereon.IfnoregularCityelection
istobeheldwithintheperiodprescribedinthis subsection,
the Commission shall provide fora 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
availableatthe polls,andatCityHallatleastfifteen (15)
days prior to the election thereon.
(3)Withdrawal of Petitions.An initiative or referendum
petition maybewithdrawnatanytimepriortothetenthday
precedingthedayscheduledforavotebytheelectorsbyfiling
withtheCityClerkarequestforwithdrawalsignedbyatleast
twenty (20)members ofthepetitioners'committee.Uponfiling
such request the petition shall have no further force or effect
andall proceedings thereon shall be terminated.
(G)Results of Election
(1)If15%of the qualified electors vote ona proposed
initiative ordinance anda majority voteinits favor,itshall
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 sameelection,the one
receivingthegreatestnumberofaffirmativevotesshallprevail
to the extent of such conflict.
(2)If 15%of the qualified electors vote on a referred
ordinance anda majority vote against it,itshallbe considered
repealed on certification of the election results.
(3)An ordinance adoptedbythe electorate through
initiatory proceedingsshallnotbeamendedorrepealedbythe
Commission fora period ofoneyear after the election at which
itwasadoptedbut thereafter itmaybeamendedor repealed bya
4/5 vote.
(4)After a referendum petition has been filed,if the
Commissionrepealstheordinanceinvolvedbeforethepetitionis
vote onby the electorate,then the Commission may not reconsider
suchordinanceforaperiodofone (1)yearafteritsrepeal.
(H)Recall Petitions.
The procedure on recall petitions shall be identical with
thatforaninitiatoryorferendarypetition,exceptthat:
(1)The recall petition shall be under oath and shall set
forth the name or names of the Commission member of members
whose removal is sought together with a statement of valid
charges constituting the grounds for removal.
(2)The recall petitioner,at the time of filing the recall
25 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
petition,shall deposit with the City Clerk,a fee in the
sum of Two Hundred Dollars ($200.00)in cash to defray the
expense of the election.
(3)Recall petitions must be filed within thirty (30)days
aftertheClerkhasissuedthepetitionblankstothe
Petition Committee.
(4)The signed petitionsshallbe canvassed and certified
bythe City Clerk.Ifa petition or amended petition is
certifiedinsufficientandtheCommitteedoesnotelectto
amend,the certificate shall then bea final determination
asto the sufficiency ofthepetition.
(5)TheCommissionshallhavenorighttoreviewor
consider arecallpetition.
(6)TheCommissionmustprovideforthequestionofrecall
being placed on the ballot in a manner that will give the
elector aclearchoiceforor against therecall.
(7)If 20%of the qualified electors vote in the recall
election anda majority vote in favor of recall,the
Commission member or members shall,regardless of any defect
intherecallpetitionbe deemed removed fromoffice
immediately.Ifthe majority is against recall then
Commission member or members shall continue in office under
the terms of his or her previous election.
(8)No recall petition against such Commission member or
membersshallbecertifiedwithinoneyearafterheorshe
takes office nor within one year after a recall petition
against him or her is defeated.
ARTICLE VI
GENERAL PROVISIONS
SECTION 1,Conflict of Interest
TheCityCommission shall,by ordinance,enactaconflictof
interest ordinance which shall beat least equal tothe standards
ofconductforpublic officers andemployeesassetforthinthe
statutes of the State of Florida and,more specifically,denoted
as Florida Statutes 112.311 through 112.319,inclusive,and shall
further set forth the penalties for violation thereof.
SECTION 2.Bonding
The Commission may require,by resolution,any officer or
26 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
employee to give bond in such amount and with such surety as
deemed necessary.The premiums on such bonds shall be paid bv
the City.c J
SECTION 3.Publication Recruirement
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 bythe public.Said notice shall also advise that
interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
SECTION 4.Annexation
Inthe event thatthe 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,renewing or leasing the right to use
the streets,alleys,public grounds or buildings of the City of
South Miami to any person,persons,firm or corporation shall
become a law or effective in any way unless the same is passed by
a vote of 4/5 of all members of the Commission and no such grant,
renewal or lease shall be for a longer period than thirty (30)
years andno such grant,renewal or lease shall be transferable
except with the approval of 4/5 of the Commission expressed by
ordinance.Copies of all transfers and mortgages or other
documents affecting the title or use of such grants,renewals of
leases shall be filed with the City Manager within ten (10)days
after the general circulation in the City of South Miami once a
week for at least two consecutive weeks,not less than 14 days
prior to such meeting,notice that the Commission will consider
the granting or renewal of such franchise and other improvements.
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
27 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
Law unless the same is prohibited under the Home Rule Amendment
and Charter of Metropolitan Dade County.
SECTION 7.Autonomy
Neither the Commission or any of its members shall direct or
request the appointment of any person to,or his or her removal
from office by the city Manager or by any of his or her
subordinates,or in any manner take part in the appointment or
removal of officers and employees in the administrative service
of the City.Except for the purpose of inquiry,the Commission
and its members shall deal with the administrative service solely
through the City Manager and neither the Commission or 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
v-narter.
SECTION 9.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 beineffect.
SECTION 10.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 actare 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
samehavebeendoneand performed.
SECTION 11.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
28 SOUTH MIAMI CITY CHARTER
AMENDED 2/94
SECTION 12.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 13.Repeal
Any and all special acts of the State of Florida in conflict
are hereby superseded.
SECTION 14.Transition
rwio oi «J?-°n adoption of this Charter as herein provided,the
and ^L^^^vf'C^y °f South Miami'and a11 °ther ordinancesandresolutiontheretoforepassedandadoptedshallcontinuein
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.*u
4-^4.?"Nf ac.tion or Proceeding,civil or criminal,pending at
the ct?v o ^S.£arter,Shali take effeCt'brou9ht by or againstshai?tl »?4J£°fflCe^dePartment or agency or official thereof,f«Sii-affected or abated by the adoption of this Charter or by
anything herein contained;but all such actions or proceedings
JJ.e continued notwithstanding that functions,powers and
oartv th~2X I 1Cei,deDartment or agency or officer thereof,party thereto may,by or under this Charter be assigned ortransferredtoanotheroffice,department or agency or office^
S in t£at event,the same may be prosecuted or defended by the
nowl-o ^e^°l-1Ce'udepaftinent or a(?encY to which such functions,this Charter assigned or transferred by or under
tav^0'^TiVLtit*e',rights and ownership of property,uncollectedS£?'c.laims'judgements,decrees,liens,suits,actions andchoicesinaction,of whatsoever kind or nature held or owned by
S£J?*1Sti™?municipality shall not be affected or abated by the
adoptionofthis Charter.y
<„~i !?•Ni°debt or contract of the present municipality,indibt^bUl ™\lim.ited to bonds or certificates ofi?f ^?*'*?ef^tofore issued,shall be impaired or avoided by
theadoptionofthis Charter.y
29 SOUTH MIAMI CITY CHARTER
AMENDED 2/94