Res No 075-20-15515RESOLUTION NO.075-20-15515
A Resolution instructing the City Attorney to draft a ballot question for the
Tuesday, November 3, 2020, national elections, to amend the City Charter,
Article H, SECTION 6, subsection D Voting Procedure, to reduce the number
of votes necessary to make land use and development regulations less
restrictive, throughout the City, from 5 to 4 votes.
WHEREAS, currently the City Charter requires five out of five votes in order to make
land use and development regulations less restrictive in all areas of the City other than in the
City's Commercial Core; and
WHEREAS, due to the current Charter voting requirements that requires five out of five
votes to change land use and development regulations to make them less restrictive, a super
majority of the City Commission (4 out of 5), representing a super majority of the electorate,
could be blocked by one member of the City Commission; and
WHEREAS, a simple majority of three out of five City Commission members can enact
a land use or development regulation that is more restrictive, but once the change has occurred,
the current Charter would require five votes to make that legislation less restrictive in those areas
other than the Commercial Core; and
WHEREAS, the City Commission desires to have a ballot question submitted to amend
the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to determine whether a
majority of the electorate desires to reduce the number of votes of the City Commission, when
making land use and development regulations less restrictive, throughout the entire City, from
five votes to four votes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption hereof.
Section 2. The City Attorney is hereby instructed to draft a ballot question for the
Tuesday, November 3, 2020 national election asking the City's electorate whether they
approve of an amendment to the City Charter, Article II, SECTION 6, subsection D Voting
Procedure, to reduce the number of votes of the City Commission, from five votes to four
votes, needed in order to amend any land uses or any development regulations in all areas
of the City to make them less restrictive in any way.
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 resolution for signature.
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Res. No. 075-20-15515
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date: This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 7 h day of July, 2020.
ATTEST:
CITV)CLERk
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THERE0,17
ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE: 4-1
Mayor Philips:
Yea
Vice Mayor Welsh:
Nay
Commissioner Hams:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution instructing the City Attorney to draft a ballot question for the Tuesday, November 3, 2020, national
elections, to amend the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the
number of votes necessary to make land use and development regulations less restrictive, throughout the City,
from 5 to 4 votes. 3/5 (Commissioner Liebman)
Suggested Action:
Attachments:
Reso -To Draft Charter ballot question LessRestrictive.docx