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ORDINANCE NO. ______ _
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 2, Article I, Section 2-2.1 (A), (B) and (C) to give the City
Commission more flexibility in rescheduling regular meetings, especially
during times of emergency, to improve the scheduling of the agenda and
to make other revisions.
10 WHEREAS, Chapter 2, Article I, Section 2-2.1 (A) prevents the rescheduling of
11 a regular meeting between two regularly scheduled meetings; and
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13 WHEREAS, the City desires to amend Chapter 2, Article I, Section 2-2.1 (A) of
14 the Code of Ordinances give the City Commission more flexibility in scheduling its
15 regular Commission meetings.
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17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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20 Section 1. Chapter 2, Article I, Section 2-2.1 (A), (B) and (C) of the Code of
21 Ordinances, City of South Miami, Florida, is hereby amended and shall read as follows:
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23 Sec. 2-2.1. -Rules of procedure of Ceity Ceommission.
24 The following rules of procedure shall govern all meetings of the Ceity
25 Ceommission, namely:
26 (A)REGULAR MEETING. The Ceity Ceommission shall hold regular meetings,
27 typically at 7:00 p.m. on the first and third Tuesdays of each month. When the
28 day set for any regular meeting falls on a day designated by law as a legal, public
29 national or religious holiday, such meeting shall be held on a date determined in
30 advance by a majority of the Ceommission. Regular meetings may be otherwise
31 postponed, cancelled, or reset by written resolution, provided the resolution is
32 either on the agenda of a meeting of the Commission at least 7 days in advance
33 of the meeting or the written resolution is approved by a super-majority ( 4/5)
34 vote. All regular meetings shall be held in the commission chambers located in
35 the city hall.
36 No meeting of the Ceity .ceommission shall extend later than 11 :00 p.m., except
37 upon super-majority vote (4/5 vote) of members present at the meeting~ and such
38 meeting extensions shall not exceed midnight. Any and Aall items not
39 considered by this limitation time period at that meeting and that are not tabled,
40 deferred indefinitely or to a date certain will be automatically deferred to the next
41 regularllscheduled Ceommission meeting.
42 (B) SPECIAL MEETING; WORKSHOP MEETING and SUNSHINE MEETINGS.
43 A special meeting, sunshine meeting (a meeting of two (2) or more members of
44 the .ceity .ceommission to discuss any matter that may foreseeably come before
45 the Ceommission for action) or a workshop meeting of the Ceity Ceommission
may be called by the mayor whenever, in his opinion, the public business may
2 require it, or whenever three (3) or more members of the Ceity,Ceommission
3 request a special or workshop meeting or two (2) or more members of the Ceity
4 .Geommission request a sunshine meeting. Whenever a special, sunshine or
5 workshop meeting shall be called by the mayor, a notice in writing signed by the
6 mayor shall be served on the Ceity Celerk, and whenever a special, sunshine or
7 workshop meeting shall be called by three (3) or more members of the Ceity
8 Ceommission, notice in writing signed by such .Geommission members shall be
9 served in writing upon the City Celerk. The clerk shall forthwith serve either
10 verbal or written notice upon each member of the Ceity Ceommission, the
11 mayor, the Ceity Mmanager and the Ceity Aattomey, stating the date and hour of
12 the meeting, and the purpose for which such meeting is called, and no other
13 business shall be transacted at that meeting other than that for which the meeting
14 was called. The clerk, shall ensure that written notice is sent to the mayor and all
15 of the members of the Ceity Ceommission informing them of the date, time and
16 place of the special, sunshine or workshop meeting at least twenty-four (24)
17 hours in advance of the meeting. A copy of said notice is to be posted in a
18 prominent and conspicuous place at city hall not less than twenty-four (24) hours
19 prior to such meeting. The twenty-four-hour time limitations may be ignored in
20 time of public emergency affecting life, health, property or safety unless a super-
21 majority (4/5) ofthe members of the City Commission vote against ignoring the
22 time limitation. The minutes of each special, sunshine or workshop meeting shall
23 include the manner and method by which notice of such special, sunshine or
24 workshop meeting was given, or shall state the reason why the notice was not
25 given as required by this section. All special, sunshine or workshop meetings
26 shall be open to the public and shall be held at city hall. For the purposes of this
27 paragraph, the leaving of a copy of the written notice at the residence of the
28 mayor or any commissioner shall constitute service of written notice on such
29 mayor and commissioner. All written notices that are required by this section to
30 be sent may be sent in any form of communication that appears in text format,
31 such as an email, and that can be printed.
32 (C) (C) AGENDA. There shall be an official agenda for every meeting of the
33 Ceommission, prepared by the City Manager, and assembled and distributed by
34 the City Clerk, which shall determine the order of business conducted at the
35 meeting. The Ceommission shall not take action upon any item, matter or
36 business (city business) which is not listed upon the official agenda without
37 approval of at least three (3) .Geommission members present at such regular
38 meeting to add such Ceity business to the official agenda. The official agenda
39 shall be prepared by the clerk in appropriate form approved by the Ceommission.
40 City business may be placed on the agenda by the mayor, the .Geity Mmanager,
41 any commissioner, and the Ceity Aattomey. A physical agenda books, if
42 requested in writing by a member of the .Geity Ceommission, will be prepared by
43 the clerk's office and will be placed in the .Geommission 's mailbox in city hall.
44 The agenda package will also be uploaded into the city's cloud server or similar
45 electronic location and on the city's webpage, at least seventy-two (72) hours
46 prior to any regularly scheduled meeting, and twenty-four (24) hours prior to any
1 special, sunshine or workshop meeting. The twenty-four-hour time limit may be
2 ignored in time of public emergency affecting life, health, property or safety,
3 unless a super-majority ( 4/5) of the members of the City Commission vote
4 against ignoring the time limitation.
5 Except for emergencies, no item will be placed on the agenda of a regular meeting of
6 the .ceommission which has not been delivered to the Ceity .celerk by noon on the
7 Wednesday preceding such regular meeting, excepting as provided in this subsection
8 2-2.1(C).
9 (D) (1) Add-ons: No business shall be conducted at a regular meeting that is not
10 reflected in the official agenda unless the official agenda is amended or
11 supplemented to reflect additional business ("add-on items") to be conducted at
12 said meeting ("add-on agenda") and unless the add-on agenda is posted and
13 delivered to the .ceity Ceommission. The add-on agenda items must be delivered
14 to the .ceity Celerk no later than 4:00 p.m. on the day of the meeting and must be
15 posted on the city's website no later than 5 :00 p.m., and, at substantially the same
16 time, it shall be forwarded to the members of the Ceity Ceommission before the
17 commencement of the relevant meeting, electronically or by any comparable
18 means. The Ceity .celerk is further directed to make said add-on item(s) available
19 to the public at the entrance to the Ceommission chambers during every
20 . Ceommission meeting. The .ceity Celerk shall at the end of the consent agenda,
21 read into the record the title of any proposed add-on item(s) sought to be placed
22 on that agenda. Nothing herein shall affect the requirement that any add-on item
23 can only be placed on the agenda by the approval of the majority vote of the
24 Ceity Ceommission. The time limitations may be ignored in time of public
25 emergency affecting life, health, property or safety unless a super-majority ( 4/5)
26 of the members ofthe City Commission vote against ignoring the time limitation.
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(2) Workshops, sunshine and special meeting: No Ceity business may be
conducted at a special, sunshine or workshop meeting other than that for which
this meeting was called.
(3) Removal of business: Any agenda item that has been tabled without a time
certain shall automatically be removed from the agenda if not acted upon during
the three (3) succeeding regular Ceommission meetings following the date of
said tabling. If a proposed ordinance has been automatically removed for lack of
action, it may only be re-introduced as a first reading of the ordinance.
38 Section 2. Codification. The provisions of this ordinance shall become and
39 be made a part of the Code of Ordinances of the City of South Miami as amended.
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41 Section 3. Severability. If any section, clause, sentence, or phrase of this
42 ordinance is for any reason held invalid or unconstitutional by a court of competent
1 jurisdiction, this holding shall not affect the validity of the remaining portions of this
2 ordinance.
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4 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
5 all sections and parts of sections of ordinances in direct conflict herewith are hereby
6 repealed.
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8 Section 5. Effective Date. This ordinance shall become effective upon
9 enactment.
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PASSED AND ENACTED this __ day of _____ , 2017.
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ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
21 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
22 LANGUAGE, LEGALITY AND Mayor Stoddard:
23 EXECUTION THEREOF Vice Mayor Welsh:
24 Commissioner Liebman:
25 Commissioner Edmond:
26 Commissioner Harris:
27 CITY ATTORNEY
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