_add-on a)Add-on item a)
Sponsored by: Mayor Stoddard
City Commission Meeting: 04-17-18
RESOLUTION NO. _________________ 1
A Resolution instructing the City Attorney to draft a ballot question for the 2
Tuesday, November 6, 2018, national midterm elections, or the August 3
primary election, to amend the City Charter, Article II, SECTION 6, 4
subsection D Voting Procedure, to reduce the number of votes necessary to 5
make land use and development regulations less restrictive. 6
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WHEREAS, currently the City Charter requires five out of five votes in order to make 8
land use and development regulations less restrictive; and 9
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WHEREAS, due to the current Charter voting requirements that requires five out of five 11
votes to change land use and development regulations to make them less restrictive, a super 12
majority of the City Commission (4 out of 5), representing a super majority of the electorate, could 13
be blocked by one member of the City Commission; and 14
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WHEREAS, a simple majority of three out of five City Commission members can enact a 16
land use or development regulation that is more restrictive, but once the change has occurred, the 17
current Charter would require five votes to make that legislation less restrictive; and 18
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WHEREAS, the City Commission desires to have a ballot question submitted to amend 20
the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to determine whether a 21
majority of the electorate desires to reduce the number of votes of the City Commission, when 22
making land use and development regulations less restrictive, from five votes to four votes. 23
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26
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Section 1. The City Attorney is hereby instructed to draft a ballot question for 28
the Tuesday, November 6, 2018 national midterm elections as option 1a or the August 29
primary election as option 1b for the purpose of asking the City’s electorate whether they 30
approve of an amendment to the City Charter, Article II, SECTION 6, subsection D 31
Voting Procedure, to reduce the number of votes of the City Commission needed in order 32
to amend any land uses or any development regulations to make them less restrictive in 33
any way and giving the voters a subset of the following options to be determined in 34
advance by the Commission: 35
To amend the voting requirement citywide as option 2a or in the area designated 36
as the “Commercial Core” as option 2b by reducing it from 5/5 to 3/5 as option 3a or by 37
reducing it from 5/5 to 4/5 as option 3b. 38
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Section 2. Severability. If any section clause, sentence, or phrase of this resolution is 1
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 2
shall not affect the validity of the remaining portions of this resolution. 3
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Section 3. Effective Date. This resolution shall become effective immediately upon 5
adoption by vote of the City Commission. 6
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PASSED AND ADOPTED this ____ day of _____________, 2018. 8
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ATTEST: APPROVED: 10
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________________________ ________________________ 13
CITY CLERK MAYOR 14
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 16
LANGUAGE, LEGALITY AND Mayor Stoddard: 17
EXECUTION THEREOF Vice Mayor Harris: 18
Commissioner Welsh: 19
Commissioner Liebman: 20
________________________ Commissioner Gil: 21
CITY ATTORNEY 22
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