07-22-08 Item 251
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A if
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO
AMEND THE VOTING . PROCEDURE TO REQUIRE FIVE
AFFIRMATIVE VOTES OF THE CITY COMMISION TO AMEND
LAND USE AND DEVELOPMENT REGULATIONS IN ANY
MANNER WHICH MAKES THEM LESS RESTRICTIVE TO THE
ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008
ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
pursuant to the requirements of section 5.03 of the Home Rule Charter of Miami -Dade
County and section 166.031, Florida Statutes, the city commission may by ordinance
submit to the voters a proposed amendment to its charter and schedule a special election
on the question not less than 60 days and not more than 120 days from the date the draft
is submitted; and,
WHEREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
Ordinances, a public hearing shall be held not less than 60 days before the election and
copies of the proposed amendment shall be made available to the public less than 30 days
before the election; and,
WHEREAS, the Mayor and City Commission desire to present this ordinance to
the regularly scheduled meeting of the City Commission of the City of South Miami on
July 22, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The following question shall be submitted to the electors of the City
of South Miami at the next general election:
Title: QUESTION: VOTING PROCEDURE; REQUIREMENTS FOR
ADOPTION.
SHALL ARTICLE II, SECTION 6 D.1. OF THE CITY
CHARTER, "REQUIREMENTS FOR ADOPTION," BE
AMENDED TO PROVIDE:
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I EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
2 ANY ORDINANCE THAT AMENDS LAND USE AND
3 DEVELOPMENT REGULATIONS IN ANY MANNER TO
4 MAKE THEM LESS RESTICTIVE SHALL REQUIRE
5 FIVE AFFIRMATIVE VOTES OF THE CITY
6 COMMISSION.
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9 YES
10 NO
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12 Summary: If the question is approved by a majority of the voters voting at the
13 November , 2008 election, the Charter of the City of South Miami shall be amended as
14 follows:
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16 ARTICLE II. City Commission
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18 SECTION 6 D. 1. Requirements for Adoption.
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20 All resolutions or ordinances shall be adopted by the
21 indicated number of affirmative votes of the city commission.
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23 Except as otherwise provided in this charter, four affirmative
24 votes of the city commission shall be required to approve the
25 actions indicated below:
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27 To issue bonds or borrow money.
28 To apply current land use and development regulations in any
29 manner to make them less restrictive.
30 To grant, renew or amend any lease or franchises.
31 To transfer title to property.
32 To appropriate or expend non - budgeted funds.
33 To approve an initiatory ordinance pursuant to Article V.
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36 Except as otherwise provided in this charter, five affirmative
37 votes of the city commission shall be required to approve the
38 action indicated below.
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40 To amend land use and development regulations in any
41 manner to make them less restrictive.
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Section 2. The regular November election shall be scheduled for November 4,
2008. If a majority of voters voting in the election approve the amendment to the charter,
all provisions of the charter code, the land development code and the code of ordinances
in conflict shall be repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance 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 ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall be codified and included in the Code of
Ordinances.
Section 7. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of , 2008.
MAYOR
1 st Reading —
2" d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
Additions shown by underlining and deletions shown by ovefstr-ikif}g.