07-22-08 Item 27South Miami
All- America City
CITY OF SOUTH MIAMI I I (�
OFFICE OF THE CITY MANAGER
INTER — OFFICE MEMORANDUM zoos
To: The Honorable Mayor, Vice Mayor and City Commissioners
From: Jay Beckman, City Commissioner
Via: Maria M. Menendez, City Clerk
Date: July 22, 2008 ITEM No. ;7-
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN
ORDER TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II,
SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT
SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
STAFF'S OBSERVATIONS
In reviewing the Code of Ordinances, we have found some discrepancies with regard to the City's
Charter, as indicated on page l; in addition, some language has been incorporated in order to be
consistent with the Charter, as indicated by the underlined language on page 2.
Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments.
The following is a summary of the main proposed amendments:
1) Page 1, lines 34 -35, and 39;
2) Page 2, lines 2 -5, 7 -8, 20 and 26 -32;
Copies of the particular sections of the Code and Charter are attached as backup for reference.
Documentation:
Draft Ordinance
Code of Ordinances Sec. 2 -2.1
Charter Art. II, Sec. 5
W:Wy DocumentsVesolutionsWemo Ordinance.Code amend ch 2 art Ldoc
I ORDINANCE NO.
2
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4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
7 ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE
8 CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTIONS
9 5 B, AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT
10 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY,
11 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City's current Code of Ordinances provides procedures for
14 calling regular, special and workshop meetings and provides for agendas for such
15 meetings; and,
16
17 WHEREAS, the Mayor and City Commission desire to amend its code to be
18 consistent with the language contained in the City's Charter Article II, Section 5 B; and
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20 WHEREAS, the Mayor and City Commission desire to amend its code to be
21 consistent with the language contained in the City's Charter Article 11, Section 6 B(3).
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
25
2( Section 1. Chapter 2, Article 1, Section 2 -2.1 of the Code of Ordinances of the
2 City of South Miami is entitled "Rules of Procedure of City Commission. Section B of
28 section 2 -2.1 is being amended as follows:
29
30 Sec. 2 -2.1. Rules of procedure of city commission
3 1;_
32 (B) SPECIAL MEETING; WORKSHOP MEETING. A special meeting or a
33 workshop meeting of the city commission may be called by the mayor
34 whenever in his opinion the public business may require it, or whenever tie
35 {2) three (3) or more members of the ccommission request a special or
36 workshop meeting. Whenever a special or workshop meeting shall be called
37 by the mayor, a notice in writing signed by the mayor shall be served on the
38 city clerk, and whenever a special or workshop meeting shall be called by
39 have -(2) three 3 or more members of the city commission, notice in writing
40 signed by such commission members shall be served in writing upon the city
41 clerk. The clerk shall forthwith serve either verbal or written notice upon
42 each member of the ci commission, the mayor, the city manager and the
43 city attorney, stating the date and hour of the meeting, and the purpose for
Additions shown by underlining and deletions shown by evefstriking
Page 1 of 3
I which such meeting is called, and no other business shall be transacted at
2 that meeting other than that for which the meeting was called. The 24 -hour
3 time limit may be waived in time of public emergency affecting life health
4 property or safety. The clerk, in the notice of a special meeting, shall allow
5 attest not less than twenty -four (24) hours to elapse between the call of the
6 meeting and the date and hour of the meeting. A copy of said notice is to be
7 posted in a prominent and conspicuous place in the city hall at leas t not less
8 than twenty -four (24) hours prior to such meeting. The minutes of each
9 special meeting shall show the manner and method by which notice of such
10 special meeting was given, or shall show a waiver of notice. All special
11 meetings shall be open to the public and shall be held in the city hall. For the
12 purposes of this paragraph, the leaving of a copy of notice at the residence of
13 the mayor or any commissioner shall constitute service on such mayor and
14 commissioner.
15
16 (M) ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACT:
17
18 (1) Preparation and presentation of ordinances and resolutions.
19
20 (k) Where state law required one or more public hearings be held held
21 prior to any action being taken by the commission on any
22 ordinances or resolutions, then in that event, the notice
23 requirements shall be met prior to the first reading and all persons
24 interested in such ordinances or resolutions shall have an
25 opportunity to be heard prior to any action being taken thereon by
26 the commission at such public hearing. Or-d ,,anees shall be read—ift
27 €ull -pr4or- te any publie heafings- Each ordinance shall be read by
28 only the title at both first and second readings and shall be
29 considered at no less than two meetings of the Commission unless
30 declared emergency. If an ordinance is materially amended upon
31 the final reading, an additional reading shall be required at a
32 subsequent meeting of the Commission.
33
34 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
36 shall not affect the validity of the remaining portions of this ordinance.
37
38 Section 3. All ordinances or parts of ordinances in conflict with the provisions
39 of this ordinance are repealed.
40
41 Section 4. This ordinance shall be codified and included in the Code of
42 Ordinances.
43
Additions shown by underlinine and deletions shown by ever$tr-iking.
Page 2 of 3
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Section 5. 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
WAMy Documents\resolutions \Ordinance code updating ch 2 art I.doc
APPROVED:
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlinin l? and deletions shown by evefstfiking.
Page 3 of 3
§ 2 -2 SOUTH MIAMI CODE § 2 -2.1
The above named council- manager charter shall be that under
which all the municipal functions of the government of the City of
South Miami shall be conducted and the old charter as am@aded
in July 1950 shall thereafter be held for naught and shall have no
force ana effect.
All ordinances and resolutions adopted and passed in proper
form by the mayor and the city council [commission] prior to the
final adoption of this section are hereby declared to be in full force
and effect and are valid and effective as if the same were
individually and collectively passed and adopted under the pro-
vision of this aforesaid passed and adopted council- manager
charter.
(Ord. No. 277, §§ 1-4, 10- 14 -53)'
Sec. 2 -2.1. Rules of procedure of city commission.
The following rules of procedure shall govern all meetings of
the city commission, namely:
(A) REGULAR, MEETING. The city commission shall hold
regular meetings at 7:30 p.m., on the first and third
Tuesdays of each month with the exception of the months
of June and July. The city commission shall hold regular
meetings at 7:30 p.m. on the first and second Tuesdays of
June and the last two (2) Tuesdays of July. When the day
set for any regular meeting falls on a day designated by
law as a legal, public, national or religious holiday, such
meeting shall be held on the next succeeding day follow-
ing such holiday. Regular meetings may be otherwise
postponed, canceled or reset only by resolution adopted at
a regular meeting of a majority of the entire membership
of the commission. All regular meetings shall be held in
the commission chambers located in the city hall.
No meeting of the city commission shall extend later than
11:00 p.m., except upon the affirmative vote of a majority
of members present at the meeting. Any and all items not
considered by this limitation time period will be deferred
to the next regular scheduled commission meeting.
(B) SPECIAL MEETING; WORKSHOP MEETING. A special
meeting or a workshop meeting of the city commission
Supp. No. 62 4.2
ZOOM. -VMS,'
1.
§ 2 -2.1 ADAIII'TISTRN ION AND CITY GOVERNMENT § 2 -2.1
may be called by the mayor whenever in his opinion the
public business may require it or whenever two (2) mem-
Supp. No. 60 5
§ 2-2.1 ADMINISTRATION AND CITY GOVERNMENT § 2 -2.1
hers of the commission request a special or workshop meet-
ing. Whenever a special or workshop meeting shall be.
called by the mayor, a notice in writing signed by the
mayor shall be served on the city clerk, and whenever a
special or workshop meeting shall be called by twos orL
signed by such commission members shall be served in
writing upon the city clerk. The clerk shall forthwith.serve ...
either verbal or written notice upon each member of the
commission, the mayor, the city manager and the city
attorney, stating the date and hour of the meeting, and the
purpose for which such meeting is called, and no other
business shall be transacted at that meeting. The clerk, in
the notice of a special meeting, shall allow at least twenty -
four (24) hours to elapse between the call of the meeting
and the date and hour of the meeting. A copy of said notice
is to be posted in a prominent and conspicuous place in the
city hall at least twenty -four (24) hours prior to such meet-
ing. The minutes of each special meeting shall show the
manner and method by which notice of such special meet-
ing was given, or shall show a waiver of notice. All special
meetings shall be open to the public and shall be held in
the city hall. For the purposes of this paragraph, the leav-
ing of a copy of notice at the residence of the mayor or any
commissioner shall constitute service on such mayor and
commissioner.
(C) AGENDA. There shall be an official agenda for every meet-
ing of the commission which shall determine the order of
business conducted at the meeting. The commission shall
not take action upon any matter or item or business which
is not listed upon the official agenda without approval of at
least three (3) commissioners present at such regular meet-
ing. The agenda shall be prepared by the clerk in appro-
priate form approved by the commission. Matters may be
placed on the agenda by the mayor, city manager, any
commissioner, and the city attorney. A copy of the agenda
shall be delivered to each commissioner, the mayor, city
manager, and the city attorney seventy -two (72) hours prior
to any regularly scheduled meeting, and twenty -four (24)
hours prior to any special or workshop meeting. No busi-
Supp. No. 44 6.1
ARTICLE II (Cont'd)
shall, by majority vote, appoint additional interim Commission
members and shall schedule a special election to be held no less
than 30 days nor more than 60 days after the loss of a quorum to
fill any vacancy that exists for more than nine months prior to
the next general election.
6. In the event that all members of the City Commission are
removed by death, resignation, suspension, removal, or forfeiture
of office, the Governor of the State of Florida shall appoint an
interim City Commission and the City Clerk shall schedule a
special election to be held not less that 30 days nor more than
60 days after the occurrence of the last vacancy to fill all
vacancies that exist for more than nine months prior to the next
general election. (Amended 2/8/00)
SECTION.5. Meetings
A. Attendance. All meetings of the City Commission
shall be public.
B. Special Meetings. Special meetings may be held upon
call by the Mayor or three or more Commissioners. Written
notice of the meeting shall be delivered to the members of the
Commission by the City Clerk not less than 24 hours before the
meeting is held. No business shall be transacted at any special
meeting other than that for which the meeting was called. The
24 -hour time limit may be waived in time of public emergency
affecting life, health, property or safety. (Amended 2/8/00)
C. Regular Meetings. The Commission shall meet regularly
at such times and places as may be prescribed by its rules but
not less frequently than twice each month.
D. Procedure. The Commission shall fix its rules of
procedure and order of business or, in the absence of applicable
rules, it shall follow Robert's Rules of Order (Revised).
E. Record. The Commission shall keep a permanent written
public record of,its proceedings.
F. Quorum.
constitute a quorum
constitute a quorum
Four members of
for a regular meeting
fora special meeting.
the Commission shall
and three members shall
9 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE II (Cont'd)
(2) Public Hearings. The public hearing shall follow the
introduction of the ordinance and publication by at least ten
(10) days prior to the public hearing and may be held separately
or in conjunction with the regular City Commission meeting. All
interested persons shall have an opportunity to be heard.
(3) Readings. Each ordinance shall be read by only the
title at both first and second readings and shall be considered
at no less than two meetings of the Commission unless declared
emergency. If an ordinance is materially amended upon the second
reading, a third reading shall be required at a subsequent
meeting of the Commission. (Amended 2/94)
C. Effective Date. Except as otherwise provided in
this Charter, every adopted ordinance shall become effective at
the expiration of ten (10) days after adoption of any other date
specified therein.
D. Voting Procedure. Voting shall be by roll call. The
"yeas" and "nays" shall be recorded individually in the minutes
of each meeting.
No Commission member shall be excused from voting as
required by law. (Amended 2/8/00)
1. Requirements for Adoption. All resolutions or
ordinances shall be adopted by no less than three affirmative
votes of the City Commission. (Amended 2/8/00)
Except as otherwise provided in this Charter, four
affirmative votes of the City Commission shall be required in the
following instances: (Amended 2/8/00)
To issue bonds or borrow money
To grant, renew or amend any lease or franchises
To transfer title to property
To liberalize land use and development regulations
To appropriate or expend non - budgeted funds
To approve an initiatory ordinance pursuant to Article V
2. Emergency Ordinances. To meet a public emergency
affecting life, safety, health, property or the public peace, the
Commission may adopt one or more emergency ordinances, but an
emergency ordinance may not grant, renew or extend a franchise or
authorize the borrowing of money except as provided in this
11 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06