08-04-09 Item 15I RESOLUTION NO:
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
3 SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI
4 CHARTER; AMENDING RESOLUTION NO. 36 -08 -12633 TO ALLOW CITY
5 ATTORNEY TO SERVE AS EX- OFFICIO MEMBER UNTIL SUCH TIME AN
6 ATTORNEY IS APPOINTED TO CHARTER REVIEW COMMITTEE; PROVIDING
7 AN EFFECTIVE DATE.
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9 WHEREAS, the Mayor and City Commission of the City of South Miami recognize that
10 the City of South Miami Charter is in need of revision; and,
11 WHEREAS, an undertaking to revise the charter skill, judgment, wisdom and
12 substantial commitment by volunteers; and,
13 WHEREAS, the Mayor and City Commission on March 18th 2008, by Resolution
14 36 -08 -12633 established a five member Charter Review Committee to evaluate and to make
15 specific recommendations for revision to the charter.
16 WHEREAS, the Mayor and City Commission recognize the importance and
17 challenging task associated with evaluating and making specific recommendations for
18 revisions to the charter and in that regard believe participation and input from a larger
19 committee representing the diverse interests of the city benefit the process and be in the best
20 interests of the city.
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
Section 1: The City of South Miami Charter Review Committee is hereby expanded
from five members to seven members, who shall be appointed by the
mayor with the advice and consent of the city commission. The city
commission states its desire that the membership of the committee shall
consist of at least one attorney who is licensed to practice law in the State
of Florida and who has expertise in the area of municipal law. In the
event the committee does not have an attorney as a member of the
committee, the City Attorney may serve as ex- officio member of the
committee. The mayor is requested, in appointing members to the
commission, to give due consideration to selecting members nominated
by each city commissioner based upon principles of ethnic and gender
inclusion, and leadership and professional capability. The city manager
shall serve as a non - voting ex officio member of the committee.
Section 2: The City of South Miami Charter Review Committee shall be charged
with the responsibilities of preparing a work plan and schedule for
accomplishing its work in a period not to exceed one year, unless that
time is extended by the city commission; studying and making
recommendations to the city commission regarding necessary or useful
revisions to the charter; holding public workshops upon approval by the
city commission; and, preparing drafts of the recommended revisions to
the charter.
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Section 3: The city manager will provide for staff and logistic support. Support may
include, but not be limited to, publishing the amended charter, as finally
adopted by the city commission and by referendum. The city attorney
shall be responsible for reviewing proposed revisions to the charter for
legal sufficiency. The city clerk will provide support in research,
retrieving and indexing prior revisions to the charter. The city manager
may present a budget to the city commission which will include the
anticipated cost of logistic support, and other cost items.
Section 4: Pursuant to the requirements of Section 166.031, Florida Statutes, and
Section 5.03, Miami -Dade County Charter, the city commission shall, by
ordinance, submit to the electors of the city the proposed amendments to
the charter. The proposed amendments shall be submitted not less than
60 days, nor more than 120 days, before the next scheduled general
election. Upon the approval by the electors of any amendments to the
charter, the amended charter shall be fled with the Florida Secretary of
State and with the Circuit Court, in and for the Eleventh Judicial Circuit,
Florida.
Section 5: This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS day of , 2009.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
City Attorney
u E vren
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars: