71 RESOLUTION NO. _____ _
2 A Resolutiou instructing the City Attorney to draft a ballot question for the
3 Tuesday, November 6, 2018, national midterm elections, to amend the City
4 Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the
5 number of votes necessary to make land use and development regulations less
6 restrictive.
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8 WHEREAS, currently the City Charter requires five out of five votes in order to make
9 land use and development regulations less restrictive; and
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11 WHEREAS, due to the current Charter voting requirements that requires five out of five
12 votes to change land use and development regulations to make them less restrictive, a super
13 majority of the City Commission (4 out of 5), representing a super majority of the electorate,
14 could be blocked by one member of the City Commission; and
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16 WHEREAS, a simple majority of three out of five City Commission members can enact
17 a land use or development regulation that is more restrictive, but once the change has occurred,
18 the current Charter would require five votes to make that legislation less restrictive; and
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20 WHEREAS, the City Commission desires to have a ballot question submitted to amend
21 the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to dete=ine whether a
22 majority of the electorate desires to reduce the number of votes of the City Commission, when
23 making land use and development regulations less restrictive, from five votes to four votes.
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25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27 Section 1. The City Attorney is hereby instructed to draft a ballot question for the
28 Tuesday, November 6, 2018 national midte= elections asking the City's electorate
29 whether they approve of an amendment to the City Charter, Article II, SECTION 6,
30 subsection D Voting Procedure, to reduce the number of votes of the City Commission,
31 from five votes to four votes, needed in order to amend any land uses or any development
32 regulations to make them less restrictive in any way.
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34 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is
35 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
36 shall not affect the validity of the remaining portions of this resolution.
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38 Section 3. Effective Date: This resolution shall become effective immediately upon
39 adoption by vote of the City Commission.
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PASSED AND ADOPTED this __ day of _____ , 2018.
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1 ATTEST: APPROVED:
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3
4 CITY CLERK MAYOR
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6 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
7 LANGUAGE, LEGALITY AND Mayor Stoddard:
8 EXECUTION THEREOF Vice Mayor Harris:
9 Commissioner Welsh:
10 Commissioner Liebman:
11 Commissioner: Gil
12 CITY ATTORNEY
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