Res No 098-24-16203RESOLUTION NO. 098-24-16203
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CALLING FOR A
CITY OF SOUTH MIAMI SPECIAL ELECTION TO BE
HELD ON NOVEMBER S, 2024 FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE A PROPOSED
AMENDMENT TO SECTION 2(A) OF ARTICLE V,
"ELECTIONS," OF THE CITY CHARTER TO INCREASE
THE TERM OF OFFICE FOR THE OFFICE OF CITY
MAYOR TO FOUR (4) YEARS BEGINNING Wlffl THE
2026 SOUTH MIAMI GENERAL ELECTION; PROVIDING
FOR NOTICE OF ELECTION; PROVIDING REQUISITE
BALLOT LANGUAGE AND CHARTER AMENDMENT
TEXT FOR SUBMISSION TO THE ELECTORATE;
PROVIDING FOR THE CITY CLERK TO UTILIZE THE
SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF
ELECTIONS FOR THE SPECIAL ELECTION; AND
PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; CORRECTIONS; AND
AN EFFECTIVE DATE.
WHEREAS, Section 2(A) of Article V, "Elections," of the Charter of the City of South
Miami (the "City") provides that the Mayor is elected to a term of office for two years; and
WHEREAS, City Commissioners are elected to a term of office for four years; and
WHEREAS, the City Commission finds that a two-year term for Mayor should be
consistent with the term of office for City Commissioners; and
WHEREAS, a four-year term will provide the Mayor with the ability to better acclimate
and obtain institutional knowledge necessary to foster and develop citywide policies; and
WHEREAS, the City Commission desires to amend the City Charter to increase the tenn
of office for the Mayor from two years to four years beginning with the 2026 South Miami General
Election; and
WHEREAS, pursuant to the City's Home Rule powers, Section 7 of the City Charter, and
Section 6.03 of the Home Rule Charter of Miami-Dade County, the City is required to submit the
Charter Amendments to the electors of the City for approval or rejection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
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Res. No. 098-24-16203
Section 2. Special Election Called; Notice of Election. That a special election is
hereby called, to be held on Tuesday, November 5, 2024, concurrent with the City's general
election, to consider the ballot question provided in this Resolution. Notice of said election shall
be published in accordance with Section 100.342, Florida Statutes, in the Miami Herald, a
newspaper of general circulation in South Miami, Miami-Dade County, Florida, at least thirty (30)
days prior to said election, the first publication to be in the fifth week prior to the election (to-wit:
during the week commencing Sunday, September 29, 2024), and the second publication to be in
the third week prior to the election (to-wit: during the week commencing Sunday, October 13,
2024), and shall be in substantially the following form:
"THE CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF CHARTER AMENDMENT SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO.
098-24-16203 ADOPTED BY THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA ("CITY"), A SPECIAL ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, NOVEMBER S, 2024,
BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE
FOLLOWING CHARTER AMENDMENT REFERENDUM SHALL BE SUBMITTED
TO THE QUALIFIED ELECTORS OF THE CITY:
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Res. No. 098-24-16203
FOUR-YEAR TERM OF OFFICE FOR CITY MAYOR
Shall the Charter be amended to set the Mayor's tenn consistent with the City
Commissioners' term of four years, beginning with the 2026 South Miami General
Election?
YES [ ]
NO [ ]
The polling place for the Special Election shall be the South City Hall located at 6130
Sunset Drive, South Miami, Florida 33143. All City electors who are timely registered . .
shall be eligible to vote. The enabling Resolution, including the ballot question are
available at the Office of the City Clerk, located at the South Miami City Hall.
Nkenga Payne, CMC, City Clerk"
Section 3. Form of Ballot; Ballot Question. The form of ballot and ballot question
for the referendum special election provided for in Section 2 of this Resolution shall be
substantially as follows:
FOUR-YEAR TERM OF OFFICE FOR CITY MAYOR
Shall the Charter be amended to set the Mayor's tenn consistent with the City
Commissioners' term of four years, beginning with the 2026 South Miami General
Election?
YES [ ]
NO [ ]
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Res. No. 098-24-16203
The fonn of the ballot to be used in this Special Election and its preparation shall be in compliance
with all statutory requirements relating to the use of mechanical or other approved voting machines
or devices.
Section 4. Balloting. That balloting shall be conducted between the hours of 7:00 a.m.
until 7:00 p.m. on election day at the regular polling place for City elections. Vote-by-mail ballots
and early voting shall be provided as authorized by law. All qualified City electors who are timely
registered in accordance with law shall be entitled to vote.
• Section S. Charter Amendment Text; Effectiveness. The text of the proposed Charter . .
amendment (the "Charter Amendment") is set forth in Exhibit "A", which is attached hereto and
incorporated herein. The Charter Amendment shall become effective if the majority of the
qualified electors of the City voting on the Charter Amendment vote for its adoption, and it shall
be considered adopted and effective upon the certification of the Special Election results.
Following the adoption of the Charter Amendment, the City Clerk shall file the adopted Charter
Amendment with the Clerk of the Circuit Court of Miami-Dade County, Florida.
Section 6. Available for Public Inspection; City Clerk to Utilize the Services of
Miami-Dade County Supervisor of Elections. Copies of this Resolution providing for the
special election referendum are on file in the Office of the City Clerk located at 6130 Sunset Drive,
South Miami, Florida 33143, and are available for public inspection during regular business hours.
Furthennore, the City Clerk is authorized to utilize the services of Miami-Dade County Supervisor
of Elections for any assistance required in the administration of the election. The City shall pay all
expenses for conducting this Special Election and will pay such expenses to Miami-Dade County
upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
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Res. No. 098-24-16203
Section 7. Authorization of City Officials. The City Manager, City Attorney, and
City Clerk are hereby authorized to take all steps necessary to complete the execution and
implementation of the terms and purposes of this Resolution, and the charter amendment Special
Election Referendum if adopted and effective.
Section 8. Inclusion in the Charter. Subject to the requirements of Section 5 above,
it is the intention of the City Commission and it is hereby provided that the Charter Amendment
shall become and be made part of the Charter of the City of South Miami, Florida; that the Sections
of this Resolution may be renumbered or re-lettered to accomplish such intention. . .
Section 9. Severability. The provisions of this Resolution are declared to be
severable and if any section, sentence, clause, or phrase of this Resolution shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the
legislative intent that this Resolution shall stand notwithstanding the invalidity of any part.
Section 10. 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.
Section 11. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this I 81h day of July, 2024.
ATTEST: APPROVED:
CITY~
MAYOR Gd~
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Res. No. 098-24-16203
READ AND APPROVED AS TO FORM ,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
AN COLE
' ..
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
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Res. No. 098-24-16203
EXHIBIT A
TEXT OF PROPOSED CHARTER AMENDMENT TO
THE CITY OF SOUTH MIAMI CITY CHARTER
FOUR-YEAR TERM OF OFFICE FOR CITY MAYOR
The City of South Miami Charter Article V, Section 2 -"General Elections", is hereby amended
to read as indicated below, with additions to existing Charter text being shown in underline; and
deletions from existing Charter text being shown in sailEet-kfeugh.
ARTICLE V. -ELECTIONS
***
Section 2. -General Elections
& I!!!!! General elections for the Commission will be held on the same day as the national
general elections, commencing in 2022, and thereafter in each even year.:. , at vAHek time
Beginning with the 2026 general election, the Mayor shall be elected to a term of twe four years
and two Commissioners shall be elected to tenns of four years.
***
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Agenda Item No:Fa.
City Commission Agenda Item Report
Meeting Date: July 18, 2024
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CALLING FOR A
CITY OF SOUTH MIAMI SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO SECTION 2(A) OF ARTICLE V,
“ELECTIONS,” OF THE CITY CHARTER TO INCREASE THE TERM OF OFFICE FOR THE OFFICE OF CITY
MAYOR TO FOUR (4) YEARS BEGINNING WITH THE 2026 SOUTH MIAMI GENERAL ELECTION;
PROVIDING FOR NOTICE OF ELECTION; PROVIDING REQUISITE BALLOT LANGUAGE AND CHARTER
AMENDMENT TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO
UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS FOR THE SPECIAL
ELECTION; AND PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY;
CORRECTIONS; AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
CA_Memo_Resolution Charter Amendment Mayor Term 4 Years.docx
Resolution Re Charter Amendment for Term of Mayor - 4 Years.docx
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE: July 18, 2024 City Commission Meeting
SUBJECT:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, CALLING FOR A CITY OF SOUTH
MIAMI SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE A
PROPOSED AMENDMENT TO SECTION 2(A) OF ARTICLE V,
“ELECTIONS,” OF THE CITY CHARTER TO INCREASE THE TERM
OF OFFICE FOR THE OFFICE OF CITY MAYOR TO FOUR (4)
YEARS BEGINNING WITH THE 2026 SOUTH MIAMI GENERAL
ELECTION; PROVIDING FOR NOTICE OF ELECTION; PROVIDING
REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT
TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR
THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE
COUNTY SUPERVISOR OF ELECTIONS FOR THE SPECIAL
ELECTION; AND PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; CORRECTIONS; AND AN
EFFECTIVE DATE.
______________________________________________________________________________
The accompanying Resolution was prepared and placed on the agenda at the request of
Commissioner Liebman.
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THE CITY OF PLEASANT LIVING