Res No 082-18-15115RESOLUTION NO. 082-18-15115
A Resolution instructing the City Attorney to draft a ballot question for the
Tuesday, November 6, 2018, national midterm elections, or the August
primary election, to amend the City Charter, Article II, SECTION 6,
subsection D Voting Procedure, to reduce the number of votes necessary to
make land use and development regulations less restrictive.
WHEREAS, currently the City Charter requires five out of five votes in order to make
land use and development regulations less restrictive; and
WHEREAS, due to the current Charter voting requirements that requires five out of five
votes to change land use and development regulations to make them less restrictive, a super
majority of the City Commission (4 out of 5), representing a super majority of the electorate, could
be blocked by one member of the City Commission; and
WHEREAS, a simple majority of three out of five City Commission members c~ enact
a land use or development regulation that is more restrictive, but once the change has occurred,
the current Charter would require five votes to make that legislation less restrictive; and
WHEREAS, the City Commission desires to have a ballot question submitted to amend
the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to determine whether a
majority of the electorate desires to reduce the number of votes of the City Commission, when
making land use and development regulations less restrictive, from five votes to four votes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Attorney is hereby instructed to draft a ballot question for the August
primary election for the purpose of asking the City's electorate whether they approve of an
amendment to the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce
the number of votes of the City Commission needed in order to amend any land uses or any
development regulations to make them less restrictive in any way in the area designated as the
"Commercial Core" by reducing it from 5/5 to 4/5.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
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Pg. 2 of Res. No. 082-18-15115
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 1L day of April ,2018.
ATTEST: APPROVED:
p_t/kIilJ MA¥ot:
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner: Gil Yea