07-22-08 Item 26I ORDINANCE NO.
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3 'AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
5 CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO
6 AMEND VOTING PROCEDURE TO REQUIRE FIVE AFFIRMATIVE
7 VOTES OF THE CITY COMMISION INORDER TO ISSUE BONDS OR
8 BORROW MONEY IN EXCESS OF FIVE PERCENT OF THE CITY'S
9 OPERATING BUDGET TO THE ELECTORATE OF THE CITY AT
10 THE NOVEMBER 4, - 2008 ELECTION; PROVIDING FOR
11 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
12 DATE.
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14 WHEREAS, the Mayor and City Commission of the City of South Miami
15 pursuant to the requirements of section. 5.03 of the Home Rule Charter of Miami -Dade
16 County and section 166.031, Florida Statutes, the city commission may by ordinance
17 submit to the voters a proposed amendment to its charter and schedule a special election
18 on the question not less than 60 days and not more than 120 days from the date the draft
19 is submitted; and,
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21 WHEREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
22 Ordinances, a public hearing shall be held not less than 60 days before the election and
23 copies of the proposed amendment shall be made available to the public less than 30 days
24 before the election; and,
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26 WHEREAS, the Mayor and City Commission desire to present this ordinance to
27 the regularly scheduled meeting of the City Commission of the City of South Miami on
28 July , 2008.
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30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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33 Section 1. The following question shall be submitted to the electors of the City
34 of South Miami at the next general election:
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36 Title: QUESTION: VOTING PROCEDURE; REQUIREMENTS FOR
37 ADOPTION.
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39 SHALL ARTICLE II, SECTION 6 D.1. OF THE CITY
40 CHARTER, "REQUIREMENTS FOR ADOPTION," BE
41 AMENDED TO PROVIDE:
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I EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
2 ANY ORDINANCE THAT AUTHORIZES THE
3 ISSUANCE OF BONDS OR THE BORROWING OF
4 MONEY IN EXCESS OF FIVE PERCENT OF THE CITY'S
5 OPERATING BUDGET SHALL REQUIRE FIVE
6 AFFIRMATIVE VOTES OF THE CITY 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 4, 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 affinnative 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 grant, renew or amend any lease or franchises.
29 To transfer title to property.
30 To liberalize land use and development regulations.
31 To appropriate or expend non - budgeted funds.
32 To approve an initiatory ordinance pursuant to Article V.
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35 Except as otherwise provided in this charter, five affirmative
36 votes of the city commission shall be required to approve the
37 action indicated below.
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39 To issue bonds or borrow money in excess of five percent of
40 the city's current operating budget.
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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 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 day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
1St Reading —
2" d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
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