07-29-08 Item 27F7
1 ORDINANCE NO.
2
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.
13
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 conunission 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,
20
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,
25
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.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. The following question shall be submitted to the electors of the City
34 of South Miami at the next general election:
35
36 Title: QUESTION: VOTING PROCEDURE; REQUIREMENTS FOR
37 ADOPTION.
38
39 SHALL ARTICLE II, SECTION 6 D.1. OF THE CITY
40 CHARTER, "REQUIREMENTS FOR ADOPTION," -BE
41 AMENDED TO PROVIDE:
42
Additions shown by underlining and deletions shown by everstfiking
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AUTHORIZES THE
ISSUANCE OF BONDS OR THE BORROWING OF
MONEY IN EXCESS OF FIVE PERCENT OF THE CITY'S
OPERATING BUDGET SHALL REQUIRE FIVE
AFFIRMATIVE VOTES OF THE CITY COMMISSION.
YES
NO
Suim .M: If the question is approved by a majority of the voters voting at the
November. 4, 2008 election, the Charter of the City of South Miami shall be amended as
follows:
ARTICLE II. City Commission
SECTION 6 D. 1. Requirements for Adoption.
All resolutions or ordinances shall be adopted by the
indicated number of affirmative votes of the city commission.
Except as otherwise provided in this charter, four affirmative
votes of the city commission shall be required to approve the
actions indicated below:
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.
Except as otherwise provided in this charter, five affirmative
votes of the city commission shall be required to approve the
action indicated below.
To issue bonds or borrow money in excess of five percent of
the city's current operating_ budget.
Additions shown by underlining and deletions shown by evef
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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
APPROVED:
1 1 _•-1
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
Additions shown by underlining and deletions shown by everstr -i
- AN ORDINANCE OF;THE MAYOR AND CITY COMMISSION
OF THE CITY, OF SOUT.H.MIAMI, FLORIDA, RELATING TO -
AMENDING THE CITI^S,CODE OF ORDINANCES CHAPTER
2; ARTICLE II, SECTIONS 2-6,2-7.1,2-10(d), AND 2 -15; IN OR=
z - DER , TO.-BRING THE . CODE; UP TO DATE, AND TO BE.4
CONSISTENT WITH THE. CITY'S CHARTER ARTICLE 111,
. ;
`SECTION A- AND •EDITING THE ORDINANCE TO CORRECT
SCRIVENERS ERRORS; PROVIDING`.FOR'SEVERABILITY, '
CITY OF SOUTH MIAMI
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. , 1. IYI ®i1C@ O� Pa1E1.IC HEARING' �' `AN'ORDINANCE OF THE MAYOR ?AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
NOTICE IS HEREBY given that the City Commission of the City of South AMENDING THE CITY S CODE OF ORDINANCES CHAPTER
Miami, Florida will wnduct.Public' Hearings at its regular City Commission t 2, ARTICLE III "BOARDS AND COMMISSIONS ",SECTIONS 2-
meeting scheduled f6ft6bsday, July 29, 2008 beginning at 7;30, p.m. in y 2112-221,1 AND 2 -23, IN ORDER TO BRING THE CODE.UP.TO
the City Commission Chambers 6130 Sunset Drive; to corYSider''the ,DATE; , AND TOY .BE ,CONSISTENT WITH THE CITY S .
Ifollomnngitems ' :CHARTER ARTICLE II,. SECTION 8 C; AND EDITING. THE
,, , . r;ORDINANCE ,JO ;CORRECT SCRIVENERS, ERRORS;
t
-AN ORDINANCE OF THE,MAYOR AND CITY COMMISSION PROVIDING FOR SEVERABILITY, ORDINANCES' IN
OF THE CITY. OF SOUTH MIAMI, FLORIDA, RELATING TO CONFLICT, AND AN EFFECTIVE DATE "'
REQUEST - - -TO ": AMEND LAND". DEVELOPMENT . CODE .
SECTION 20- 3.3(E) ENTITLED'OUTDOOR SEATING/DINING OF THE CITY OF SOUTH MIAMI, FLORIDA, F,LOR DIA, RELATIINGIOTO
FOR,.ALL .COMMERCIAL . PROPERTIES, , EXCEPT ;FOR AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
",•PROPERTIES IN THE RO- RESIDENTIAL�OFFICE .ZONING, 9 "ELECTIONS," SECTIONS 9-1, 9.1.1., 9-2,9-3.9-6,9-7,9-8,
DISTRICT IN ORDER''TO`AMEND THE REQUIREMENTS' . I AND;, IN ORDER TO BRING THE "CODE UP TO DATE,
AND STANDARDS APPLICABLE, TO; OUTDOOR SEATING' AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTI
FOR RESTAURANTS; DELETING REPETITIVE`SEGTION 20= _,ANDT °AN.D WITH FLORIDA STATUTES CHAPTER 101; AND
AR ENTITLED 'OUTDOOR SEATING /DINING USES AND, ,r EDITING ,THE ORDINANCE TO CORRECT SCRIVENERS
AREAS PROVIDING FOR SEVERABILITY; PROVIDING FOR _,ERRORS; PROVIDING -FOR SEVERABILITY, ORDINANCES
ORDINANCES .zJN . CONFLICT;:.'AND PROVIDING AN ' �' , IN CONFLICT; AND AN EFFECTIVE DATE.
EFFECTIVE DATE.
A RESOLUTION OF THE MAYO
R'AND'CITY COMMISSION OF
AN,ORDINANCE OF "THE• MAYOR AND CITY COMMISSION ,THE CITY.OF•SOUTH,MIAMI;'FLORIDA• RELATING TO THE
OF THE CITY OF SOUTH MIAMI, FLORID'AN:IN INITIATIVE TO A C' ISSUANCE,-OF, A ,CERTIFICATE OF APPROPRIATENESS
CHARTER AMENDMENT; PRESENTING' 'AN "INITIATIVE TO; pURSUANT'. TO * SECTION 20- 5.19(E)(3) OF THE LAND
THE.ELECT.ORATE OF „_THE CITY AT THE NOVEMBER 4;' DEVELOPMENT CODE TO'PERMIT WALL SIGNAGE ON A
.2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED::
REQUIRE- FIVE AFFIRMATIVE VOTES OF ;THE CITY
t _ y.AN EFF CTIVE DATEIVE'(AMSTER BUILDINGS); PROVIDING
COMMISSION TO MAKE LAND USE AND DEVELOPMENT AT 5
REGULATIONS IN ANY. MANNER LESS RESTRICTIVE; i k
PROVIDING., ,FOR SEVERABILITY, ORDINANCES IN If you have any mquiries on the above items please contact the City
I CONFLICT AND AN EFFECTIVE DATE. • , ; s •� Clerk's office at; 305 - 663-6340
_ t .c. r .Y ”. r. t r • _.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION t w+
ALL interested parties are invited to attend and will be heard.'
'OF THE CITY OFSOUTH. MIAMI, FLORIDA, RELATING TO A i K
CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO Y t'
--Maria M. Menendei, CMC
ITHE,ELECTORATE ' bF THE CITY AT THE NOVEMBER 4, '" _ _, "• -- City Clerk
°ELECTION, .TO .AMEND VOTING PROCEDURE. TO orida Statutes
Pursuant to Fl 86.0105,
the City hereby advises the public,
REQUIRE FIVE AFFIRMATIVE VOTES OF THE _ CITY that if a person decides to appeal `any decision made by this Board,.
COMMISSION -IN ORDER TO ;ISSUE BONDS OR BORROW i
Agency`or. Commission :with respect to any matter considered at its
MONEY' IN 'EXCESS OF FIVE PERCENT OF ,THE CITY S meeting or hearing; he or she will need a record of the proceedings, and
OPERATING BUDGET; PROVIDING FO R SEVERABILITY, i that for such purpose, affected person may, need to ensure thata verbatim
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. record of the roceedin s it' 'made which record.includes the testimon
,� •; p 9 y
and evidence upon which the appeal is to be based.
AN ORDINANCE OF .THE -MAYOR AND CITY COMMISSION 7/18 08- 3- 120/1053390M
OF•THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
2, ARTICLE I.SECTION2 -2 1(B) AND (M)(1)(k), IN ORDER TO
BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE.11,'
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.'
ate: On: 07/24/2008 e Advertiser: CITY OF SOUTH MIAMI
I
Contact
kMI (76969001)
is X Inches
22
,age
GS23
Page 1 of 1
one ore spon's i
NalbiT1g.. -f.1es better with, brr. , :fW that
1 =804 -441
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday. July 29.1M. beginnhry at 7,20 P.m; in the C- Commission
Chambers, 6130 Sunset Dme, the City Commission will hold Public Hawinps to
consider the folly iterrn:
AN ORDINANCE RELATING TO REQUESTTOAMEND LAND DEVELOPMENT
CODE SECTION 2o- 3.3tEi ENTITLED 'OUTDOOR SEATINGFDINING FOR
ALL COMMt£RML PROPERTIES, EXCEPT FOR PROPERM IN THE
RO RESIDENTIAL OFFICE ZONIRG DISTRICT.' IN ORDER TO AMEND
THE REOIUIREMENTS AND STANDARDS APPXABL£ TO OUTDOOR
SEATING FOR RESTAURANTS; Dft£THIG REPETITIVE SECTION
20 -729 ENTITLED `OUTDOOR SEATINGIOIHING USES AND AREAS'.
AN ORDINANCE RELATING TO A CHARTER AMENDMENT; PRESENTING
AN INITIATIVE TO THE ELECTORATE OF THE CITY AT THE NDVEMSER 4.
2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO REQUIRE FIVE
AFFIRMATIVE ZTES OF THE CITY COMMISSION TO MAKE LAND WE
AND DEVELOPMENT REGULATIONS IN ANY MANNER LESS RESTRICTIVE
AN ORDINANCE RELATING TO A CHARTER AMENDMENT;
PRESENTING AN INITIATIVE TO THE ELECTORATE OF THE CITY
AT THE NOVEMBER 4, 2006 ELECTION, TO AMEND VOTING
PROCEDURE TO REQUIRE FIVE AFFHTFdATIVE VOTES OF THE CITY
CDMMISSION IN ORDER TO ISSUE BONDS OR BORROW MONEY
IN EXCESS OF FIVE PERCENT OF THE CITY'S OPERATING BUDGET.
ORDINANCE RELATING TO AMENDING THE GITY'S CODE
OF ORDINANCES CHAPTER 2, ARTICLE L SECTION 2.2.1
(01 AND tM)q1't(k). IN ORDER TO BE CONSISTENT WITH THE
GM'S CHARTER ARTICLE B. SECTIONS 5 B. AND 6 9(3k AND
EDITING THE ORDNANCE TO CORRECT SCRIVF14 S ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE fl, SECTIONS 2.6, 2 -7.1. 2- 10(rPy,
AND 2.15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE
CONSISTENT WITH THE CRYS CHARTER ARTICLE III, SECTION 1,
AND EDITING THE ORDINANCE TD CORRECT SCRIVENERS ERRORS.
AN ORDNANCE RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE Iff - BOARDS AND COMMISSIONS,'
SECTIONS 2- 21.2 -22, AND 2- 23 ,NTOBDERTOBRRNGTHECODEUPTODATE,
ANDTD BE COINSISTENTwiTHTHE CITY'S CHART£RARRCLE H, SECTION
8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 9, ''ELECTIONS; SECTIONS B -1, 9 -1.1.,
9 -2, 9.3, 9-6, 11-7. 9-8. AND.9 -10. IN ORDER TO BRING THE CODE
OP TO DATE. ARID TO BE CONSISTENT WITH THE CRY'S CHARTER
ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND
FOtTRNG THE ORDINANCE TO CORRECT SCRIVENERS ERRORS.
A R£SOLUTIOH RELATING TO THE ISSUANCE OF A CERTIFICATE
OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(Ef
(3) OF THE LNID DEVELOPMENT CODE TO PERMIT WALL
SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER BUILDNdGS).
If you have any inquiries on the above items please contact the City Clerks office
at 305 - 663.6340.
ALL interested rmfies are invited to attend Bnd will be heard.
Maria M, Menendez, CMO
City Clerk
Prruusa b P.M. sin 1. 26 AU$. ata My N,dw arhinaa mr p biz ow d a Ptawa dMi6w to
Rtp .&-Y tlricwn made ayft Boud.Agm7 a 0 inbn w1h mWertto wy wette cw*WaeA et
itr "ag orhamng. ha a' 5% 94nwda r o dO as prawdhtgy ®d taatturwa papm.d UCM4
waaa may rwd b amwo t e a seraadta n-d of atc prxwdnpc k rmia,*m t mrerd wwat 9w
12dur ny VV eadiar-e4 -aYmb Me appal h b b bssad
S1