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_add-on d)Add-on item d) Sponsored by: Mayor Stoddard City Commission Meeting: 04-03-18 1 2 3 RESOLUTION NO . ____________ 4 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, to 5 hire an attorney with expertise in Florida election laws to provide outside legal counsel 6 concerning a questionnaire or poll as to the voters’ interest in a Charter amendment. 7 WHEREAS, the Florida election law prohibits the use of public funds to promote a candidate or 8 issue that will be placed on an election ballot; and 9 WHEREAS, a majority of the members of the City Commission would like to poll the voters to 10 see if there is interest in changing the voting requirements of the City Charter to allow for less restrictive 11 land use and development regulation; and 12 WHEREAS, the City Commission desires to hire an expert in the area of the Florida election 13 laws that concern the polling of voters. 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 15 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 16 Section 1. The City Attorney is instructed to hire an attorney (“outside counsel”), who is 17 an expert in Florida election law, to provide legal advice to the City with regard to the polling of voters 18 concerning their interest in changing the voting requirements of the City Cha rter to allow for less 19 restrictive land use and development regulation. The outside counsel shall work through the City 20 Attorney who shall oversee the work of outside counsel. 21 22 Section 2. The hourly rate shall not exceed $300 per hour. 23 24 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any 25 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 26 the validity of the remaining portions of this resolution. 27 28 Section 4. Effective Date. This resolution shall become effective immediately upon adoption. 29 30 PASSED AND ADOPTED this ____ day of _____________, 2018. 31 32 ATTEST: APPROVED: 33 34 _____________________ ______________________ 35 CITY CLERK MAYOR 36 37 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 38 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: 39 EXECUTION THEREOF Vice Mayor Harris: 40 Commissioner Welsh: 41 Commissioner Liebman: 42 _______________________ Commissioner Gil: 43 CITY ATTORNEY 44 45