Ord No 25-20-2379ORDINANCE NO.25-20-2379
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 1,
Section 1-2 to amend the rules of construction and Chapter 2, Article III, Section 2-
22 to authorize members of certain Boards to serve until a successor is appointed to
replace them.
WHEREAS, certain boards inherently have members who have vital institutional
knowledge; and
WHEREAS, Section 2-22 of the City's Code of Ordinances conflicts with many of the
boards that were formed prior to 2008; and
WHEREAS, in 2014 Section 2-22 was amended to provide for a mechanism to extend
term limits; and
WHEREAS, members of the board of trustees of the South Miami Pension Board have
requested that they be allowed to serve until a successor is appointed to replace them; and
WHEREAS, the City desires to amend Chapter 2, Article III, Section 2-22 of the Code
of Ordinances to retain the provisions in Section 16-20 that allows members to serve until a
successor is appointed to replace them.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 1, Section 1-2 of the City's Code of Ordinances is hereby
amended and shall read as follows:
Sec. 1-2. - Rules of construction; Definitions.
In the construction of this Code, and of all ordinances, the following definitions and rules of
construction shaft are to be observed, unless the context clearly indicates otherwise:
(A). Definitions
"Board" means all decision -making, fact finding, or advisory bodies created by the C ty
Commission no matter what name is given to them in this Code.
`City_`. The words "the city" or "this city" &W1 be are to be construed as if the words "of
South Miami" followed it them and" vA4 extend to and include the sew -officers,
agents and employees of the City when the context clearly indicates such a meaning.
"City council " or "City Commission ", sal means the Ceity eel Commission of the
City of South Miami.
`Mayor •`, shag means the Mmayor of the City of South Miami.
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Ord. No. 25-20-2379
=`City Clerk_; sly means the Ceity Celerk of the City of South Miami.
"City Manager; sMA means the Ceity Manager of the City of South Miami.
"City Attorney" means the Citv Attorney of the City of South Miami
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"County" . The words "the county" or "this county" 9W means the County of Miami -Dade.
Gendep; A wefd immpeA.:agg dw masouline gender- a* Ad! emend and be applied te females
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P%J4—H-F9*s and bodies polkis and ser-pamte as well as te ' ' "Person" means
an individual person, or ffoo of people including_ associations, clubs, and societies, as well as
le al entities such as partnerships, corporations and bodies politic.
"the state" means the state of Florida
when referring to a goverrumental bodyend-
1
(B) Rules of Construction
1 Com Lion of time. Whenever a certain leng1h of time is Mguired for a notice of an act
to be done, before anv_proceeding may commence, or of another event the following rules
apply in computing any time period specified in this Code unless such code provision specifies
its own method of computin time.
a Period Stated in Da s or a Longer Unit. When the period is stated in days or a lop er
unit of time:
i exclude the day of the event that triggers the period;
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Ord. No. 25-20-2379
(ii) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(iii) include the last day of the period, but if the last day is a Saturday, Sunday, or legal
holiday, the period continues to run until the end of the next day that is not a Saturday,
Sunday, or legal holiday.
(b) Period Stated in Hours. When the period is stated in hours:
i begin counting immediately on the occurrence of the event that triggers theperiod-,
(ii) count every hour, including hours during intermediate Saturdays, Sundays, and legal
holidays: and
Siii if the period would end on a Saturday, Sunday, or legal holiday, the period continues
to run until the same time on the next day that is not a Saturday, Sunday or legal holiday
(c) Inaccessibility of the City Office. Unless the Code Qrovides otherwise, if the Cfty office
where something is to be filed or recorded is inaccessible:
(i) on the last day for filing or recording, then the time for filing or recording is extended
to the first accessible day that is not a Saturday,. Sgnday, or legal holiday: or
(ii) during the last hour for filing or recording, then the time for filing or recording is
extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal
holiday.
d "Last Da " Defined. Unless a different time is set by this Code the last day ends:
(i) for electronic filing, at midnight: and
(ii) for filing by other means, when the designated City office is scheduled to close
(e) "Next Day" Defined. The "next day" is determined by continuing to count forward when
the period is measured after an event and backward when measured before an event.
(f) "Legal Holiday" Defined. "Legal holidav" means:
(i) the day set aside by this Code or by the City Manager's executive order for observing
New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or
Christmas Day:
(ii) any day declared a holiday by the President or Congress: and
iii for periods that are measured after an event an other day declared a holiday by the
state where the district court is located.
(2) Gender and Number. Words importing the singular number only shall include the plural
and vice versa, words importing the masculine gender shall include the feminine and neuter
genders and vice versa and words importing_ persons shall include individuals. organizations and
legal entities.
(3) Including. Whenever the Code uses the term "including" followed by one or more
exam les of what is includedL it will mean that these are merely examples of what is included
and that it is not an exhaustive list of what is included.
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Ord. No. 25-20-2379
(4) Oath. The word "oath" shall be construed to include an affirmation in all cases in which,
by law, an a�a'irmation may be substituted for an oath, and in such cases the words "swear" and
"sworn" shall be equivalent to the words "affirm" and "affirmed."
(5) Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
(6) Owner. The word "owner," applied to a building or land, shall include any part owner,
joint owner, tenant in common. tenant in partnership. joint tenant, or tenant by the entirety, of the
whole or of a part of such building or land.
(7) Personal property includes every species of proR= except real property.
(8)Time. When a word is used in one tense, it will be construed in any other tense that
would be appropriate based on the context in which it is use.
Section 3. Chapter 2, Article III, Section 2-22 of the City's Code of Ordinances is
hereby amended and shall read as follows:
Sec. 2-22. - Term limits.
(1) Board &Nppointees are limited to two (2) consecutive two-year terms of membership
on a specific semmissieft board;-epeemminee. An appointee may not be reappointed
to the same eeion; board or-eeee after completion of two (2) consecutive
terms.appehloe
unless at least one
year has elapsed between the end of second two-year term limited pesitien and the
effective date of commencement of the proposed appointment for a new term on the
same board. Ne#Aithstanding my..#pripreheowee SAMMA no! be
. Term limits
will be applied prospectively, commencing with appointments made after January 1,
2009. An appointee may hold membership in more than one board and the term
limits of one board membership will not affect the term limits of any other board
membership held by the a intee
(2) Exception: The term limits of a board member may be extended by appeima -ei�€
a majority of the Ceity Ceommission. A member of
anv_pension board governed by Chapter 16 of the 61y's Code of Ordinances max
remain on the board as a voting, member until a successor is appointed.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance
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Ord. No. 25-20-2379
may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 180' day of August 2020.
ATTEST: APPROVED:
CITYVLERV MAYOR- .
I` Reading — 8/4/20
2"d Reading — 8/18/20
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREON
CITY ATTORNEY,�,/
Page 5 of 5
Ka]�fl.��(i]�Ita7I1i��P,
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: August 18, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 1, Section 1-2 to amend the
rules of construction and Chapter 2, Article III, Section 2-22 to authorize members of certain Boards to serve
until a successor is appointed to replace them. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord Amend ingConstruction1-2&TermLimits2-22CArev.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Published Daily accept Saturday, Sunday and
Legal Holidays
Miami, Miami-0ada County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personalty appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS. legal Nolices of the Miami Daily
Business Review f/k/a Miami Review, a daily (except
Saturday. Sunday and Legal Holidays) newspaper,
published at Miami in Miani-Dada County, Florida; that the
allached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - AUG. 18, 2020
in the XXXX Court.
was published in said newspaper in the issues of
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011. Fla. Star,
tha.City's lfcme Rule Pavers, and me City Managers declamtlon of a
state of emergency, due to the Coronavirus, the City will be holding its City
Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuesday August_ 18, 2020 at 7:001o.m. to consider the following public
hearing liberals):
0810712020 An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2,
"Distance requirements, nonconforming use; certificate of occupancy"
and Section 4-6. - Definitions; hours of operation.
Afliant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade An Ordinanw amending the Land Development Code to support
County. Florida and that the said newspaper has heretofore development of legally nonwnforming lots of record, including
been continuously published in said Miami -Dade County. Florida amendment to Sections 203.5 Dimensional Requirements and 20-4.8
each day (except Saturday. Sunday and Legal Holidays) and Nonconforming uses and structures
has been entered as second class mail merger at the post An Ordinance amending the City of South Miami Code of Ordinances,
office in Miami in said Miami -Dade County. Florida, for a period Chapter 1, Section 1-2 to amend the rules of construction and Chapter $
of one year next preceding the first publication of the attached Article III, Section 2-22 to authorize members of certain Boards to
copy of advertisement; and alliant further says that he or she serve until a successor is appointed to replace them.
has neither paid nor promised any person. firm or corporation City staff and all Commission members will participate by video conferencing
any discount, rebale, commission or refund for the purpose of through the Zoom platform and members of the public may join the meeting via
securing this advertisement for publication in the said Zoom at (hIf s!/zoom.uW3056636338) and participate. If you desire to
newspaper. present evidence or you are unable to use Zoom, there are procedures to
follow and other options available including a dedicated phone line to
listen and participate in the meeting and limited public attendance, all of
which Is set forth In the meeting notice posted at City Hall and at http;//
wwwsouthmiamifl.gm/580/Public-Meetings Nolice5. Anyone who wishes
to review pending application and supporting documentation in person
Swe nd subsen6a eldse me thy must make an appointment by calling 305-663-6340.
7 day of AUG
Please note that Governor DeSar ie's Executive Order Number 20-69
suspended the requirements of Section 166.D45, Fla Start, that a quorum
to be present in person, and that a local government body meet at a specific
(SEAL
public place. The Executive Order also allows local government bodies to
utilize communications media technology, such as telephonic and video
GUILLERMO GARCIA personalty known to me
conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to
�yv'i' ,• MARIA I. MESA
t
• %i Notary Public • State of Florida
appeal any decision made by a Board, Agency or Commission with respect
- Commission 4 GG 966667
meeting hearing, a record of the pmceedmgs
to any grggr# considered at its thee' or head
will be required for said appeal and such person will be requireed to have a
024
My Comm. Expires May 4, I024
including the testimony
Bonded through National Notary
B
verbatim transcript of the proceedings and evidence
upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request
an auxiliary aide or service in order to participate in a City program, activity
our event, you must on or before 4:00 p.m. 3 business days before the
meeting (not counting the day of the meeting) deliver your request to the
City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South
Miami, Florida or email at npayne@southmiamifl.gov-
Nkenga A. Payne, CIVIC
City Clerk
817 20-35/0000482119M
7
SUNRAY MI611n r 1014 NEIGHBORS 23SE
MIAMINERALO.COM
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and the City
Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting
VIRTUALLY. The meeting is scheduled to begin on Tuesday. August 18, 2020 at 7:00 o.m. to consider the following public
hearing item(s):
An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2, "Distance requirements, nonconforming use;
certificate of occupancy" and Section 4-6. - Definitions; hours of operation.
An Ordinance amending the Land Development Code to support development of legally nonconforming lots of record,
including amendment to Sections 20-3.5 Dimensional Requirements and 20-4.8 Nonconforming uses and structures.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 1, Section 1-2 to amend the rules of
construction and Chapter 2, Article III, Section 2-22 to authorize members of certain Boards to serve until a successor
is appointed to replace them.
City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (https://zoom.us/i/3056636338) and participate. If you desire to present evidence or
you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen
and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and
at http://www.southmiamifl.gov/580/Public-Meetings-Notices Anyone who wishes to review pending application and supporting
documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSantis's Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla. Stat., that a quorum to be
present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize
communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to
have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request
to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne �southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk