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09-16-08 Item 74 Y IN COR POR4TE0 • CITY OF SOUTH MIAMI �c o r a OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor, Vice Mayor and City Commissioners From: Jay Beckman, City Commissioner Via: Date Ma222i�� Maria M. Menendez, City Clerk July 22, 2008 9 Sa€,€th Miami 1~I`- furerica Cff� - 2001 71 AN ORDINANCE OF THE MAYOR AND CITE' CO1[MISSION OF THE CITE' OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS," SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9- 8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABMITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. STAFFS OBSERVATIONS . Of all chapters in the Code, this is probably the most outdated. As you will see, people no longer engage in "duels" (Sec. 9 -1), and the City's polling place for all municipal elections is the Commission Chamber, not the Sylva Martin Building (Sec. 9 -3). All other updates are summarized below. 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 36 -38; 2) Page 2, lines 1-3,21, and 25 -27; 3) Page 3, lines 1 -6, 12 -32, 36 -37 and, 42 -43; 4) Page 4, lines 1 -11. Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Or_ dinance Charter Art. V F. S. 101.6105 Code of Ordinances Chapter 9 WAMy DocumentsVesolutions\Memo Ordinance.Code amend ch 2 art II.doc I ORDINANCE TAO. 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 9, 7 "ELECTIONS," SECTIONS 9 -1, 9 -l.l., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, AND 9 -10, e IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE 9 CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND 10 WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE 11 ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING 12 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND. AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City's current Code of Ordinances provides procedures for the 16 general and special elections of the City; and, 17 18 WHEREAS, the Mayor and City Commission desire to amend its code in order to 19 bring it up to date; and 20 21 WHEREAS, the Mayor and City Commission desire to amend its code in order to 22 be consistent with the City's Charter Article V and with Florida Statutes Chapter 101. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 26 E 27 Section 1. Chapter 9, of the City's Code of Ordinances, entitled "Elections," 28 Sections 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, and 9 -10 of the Code of Ordinances of the 29 City of South Miami is being amended as follows: 30 3 Chapter 9 32 3 See. 9 -1. State Election Code adopted for municipal elections. 34 35 All general and special elections held in the City of South Miami, Florida, shall be 3 held and conducted in accordance with the provisions of Chapter 43z8 Laws o -Fer-i 37 Acts - 1-89, State Laws andlor the Metropolitan Dade County Hoene Rule Amendment 3� and Charter, except as specified in the City's Charter, and the acts amendatory thereof 3 and supplementary thereto, as nearly as practicable; provided, that the city commission 40 shall perform all acts in relation to such general land special election, which by state law 41 is made the duty of the county commissioners. Provided that no person under 42 guardianship, idiotic or insane, convicted of felony, nor any person convicted of bribery, 43 perjury or larceny, or of any infamous crime, or being interested in any bet or wager, the Additions shown by underlining and deletions shown by Page 1 of 4 IQ 1l F 1 2 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 4 4k 42 43 result of which shall depend upon any election; of ef-€rgxhtiag sdue!, Qr- ef sending- - " g�cO�T�rr= �air�l —�1�i b .7 Z''c't'f7 [ZZ 7 b � - -- , parl'3 te a-d-e, and not restored to civil rights shall be qualified to vote at any such election. See. 9 -1.1. Chanter amendment elections. Pursuant to the requirements of section 5.03 of the Hoene Rule Charter of Miami - Dade County, Florida, the procedure for the drafting or having drafted of a proposed charter, amendment, revocation, or abolition of the government of the city, shall be by the method of_ (1) Accepting for submission to referendum any draft of a proposed charter, amendment, revocatie'cy contained in a petition certified to contain the signatures nt of the qualified electors of the city. (2) Having prepared bytnd approved by the city commissio n (either with or without the prior preparations and approval of a charter board or cominittee), a resolution or resolutions calling referenda providing for the adoption, amendment or revocation of the charter to the city or to abolish its existence which shall be submitted to the electors of the city. (3)- That alternative proposals may be submitted to the electors. (4) That unless an election occurs not less than 60 nor more than 120 days after the draft is submitted, the proposal shall be submitted at a special election within that tine. (5) That a public hearing to be held on the proposed amendments, revocation or abolition of the charter, not less than sixty (60) days before the election. (6) That copies of any proposed amendment or amendments shall be made available to the electors not less than thirty (3) days before the election. (7) That each proposal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. (8) That a copy of each approved amendment shall be certified by the city clerk and filed with the Clerk of the Circuit Court in and for Miami -Dade County, Florida. Sec. 9 -2. Qualifications of electors. Additions shown by underlining and deletions shown by Page 2 of 4 Any person who shall pesse •L � 2 stale c-c — e eleeti and shall ha e- i:e- si- ded ia the City S -euth rMiami , � \L � fl e:, is a duly registered voter of Miaini -Dade County and who has 4 been a legal resident of the City of South Miami for a period of no less than thirty (30 days immediately preceding the date of the election and shall have been registered in the G registration book of 4i&-e� Miami -Dade County shall be a qualified elector of the city. 7 Sec. 9 -3. Polling plaices; appointment and certificate of election inspectors and cleric 9 of inspection. 10 11 The polling place for all general and special elections for the city, unless otherwise 12 specially provided for, shall be at the Sylva r M 4ul C + D ' ' b City Hall 13 Commission Chamber, 6130 Sunset Drive. and the +- > tt + f>1 - J LL JLLUL 14 15 16 a ^ler + the fnaye-f. i vl.J uitu 17 18 See. 9 65- _ Ig- , 19 V 20 e- 21 b. 22 23 b v v . 24 25 See. 9 7. Same Open a:U elesi-a-, dates, oath and identifleation ef eleeter fer 26 ^ „b 27 28 29 Statutes, 30 31 _ 1 ' - - , uw 32 Her-ida Statute 97.05 r l +' h b + V U+l.11 L V1=1 � r oa when 33 1 34 Sec. 9 -8. Absentee voting, provisions of state law adopted for same. 35 36 Pursuant to authority contained in Section 1-01.70, 101.6105 Florida Statutes, 37 1953, the city hereby adopts the provisions of Chapter 101 relating to absentee voting for 38 the purpose of entitling registered voters of the city to participate in elections in the city. 39 40 Sec. 9 -10. Runoff elections mfty,&r 41 42 43 Additions shown by underlining and deletions shown by ^y^zf tf Page 3 of 4 Zues a �; sush g nefal eE spccTl cieeltieiz. R }e f ele6tiens shall � •'f� �n-tzr ucL i s TL 11 i i i u i t �CS f iii. e�l � 7o; ?V' -S In the event of a tie vote, runoff elections shall be held if necessary, within thirty (30) days from the date of the canvass of the votes cast at the reg lar elections Section 2. 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 temaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. ectron 5. . - us ordinance shall take effect ininediately upon cnacti - "ens PASSED AND ADOPTED this day of , 2008. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM CITY ATTORNEY WAMy Documents\resolutions \Ordinance code updatins.Ch 9 eltuions.doc 1" Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Com nissioner Beckman: Additions shown by underlining= and deletions shown by evef 4f &r Page 4 of 4 ARTICLE 117 (CQnt'd) F. . Perforirtar2ce -based audit. The City Commission shall require a performance -based audit for each department at least once every five years. (Amended 2/8/00) ARTICLE V. Elections SECTION 1. Qualifications A. Voters: Any person who is a duly registered voter of Miami -Dade County and who has been a legal resident of the -City of South Miami for a period of no less than thirty (30) days immediately before the date of.the election. B. Candidates: The City Clerk shall certify that a candidate for election to the Office of the Mayor or Commissioner, no more than 42 days nor less than 28 days prior to a duly scheduled election has: (1) Exhibited to the Clerk proof that he or she is qualified elector of the City of South Miami and has continuously resided in the City of South Miami in a structure designated as resi &,_ntial• property for a-t- - least= one (1) year immediately efore- the date of the election. (Amended 2/8/00) y (2) Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment fee in addition to a qualifying filing fee of $100. paid to the City Clerk. The requirements to pay an election assessment fee and a qualifying fee may be waived as provided by state law. (Amended 2/8/00) (3) Taken the following prescribed sworn oath: "I hereby accept the nomination for Mayor /Commissioner, and agree to serve, if elected, and further that I hereby make the following oath: State of Florida County of Dade. Before me, an officer authorized to administer oaths, personally 21 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) appeared to me well known, who, being duly sworn, says that he /she is a candidate for the office of that he /she is a qualified elector of Miami -Dade County, Florida, and the City of South Miami; and that he /she is qualified under the Constitution and the laws of Florida, and the Charter of the City of South Miami to hold the office to which he /she desires to be nominated or elected; that he /she has taken the oath required by ss. 876 -05- 876.10, Florida Statutes; that he /she has not violated any of the laws of the State relating to elections or the registration of electors; that he /she has qualified for no other public office in the State the term of which office or any part thereof runs concurrent (with that of) the office he /she seeks; that he /she has resigned from any office (from) which he /she is required to resign pursuant to ss. 99.012, Florida Statutes; and that he /she has submitted a sworn statement of contributions and expenditures, if any incurred, prior to the time of qualifying and since the last preceding general election. Signature of Candidate Address Signature and Title of person administering oath (4) No appointed officer or employee of the City of South Miami, shall be certified for nomination of any elected position in the City of South Miami. (5) Any official of the City of South Miami who is elected or appointed to,any office and qualifies for an elective office outside the City of South Miami sha11 forfeit his (her) office by the fact of such qualification. (6) No person shall be. certified for nomination to an elective office in the City of South Miami who concurrently has qualified for nomination of or is concurrently holding an elective office outside the City of South Miami. (7) Any person who qualifies for an elective office outside the City of South Miami after having qualified for an elective office in the City of South Miami shall by the fact of such 22 SOUTH AUAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Coat'd) qualification become disqualified for nomination in the City of South Miami and his (her) name shall be stricken from the ballot. SECTION 2. General Elections. A. Time General. elections for the Commission shall be held during February of each even year, the day, place and time to be set by ordinance, at which time the Mayor shall be elected to a term of two years and. two Commissioners shall be elected to terms of four years_ (see Art.II,Sec.2) B. Mode The office of the Mayor. and Commission seats shall be filled on' the basis of the highest number of votes received by the candidates. 'At each general or special election where there are at least two (2) Commissioners to be elected, the election shall be conducted on a group basis for * each member of the City Commission to be elected. Each Commission seat to be filled at said election shall be designated numerically, and each candidate for the City Commission shall designate in which numerical grouping he or she is to be a candidate. No candidate shall run for office in more than one numerically designated group. C. Unopposed candidates The names of all unopposed candidates shall be placed on the ballot. The votes for unopposed candidates shall be counted and published. (Amended -- 2/8/00) SECTION 3. Special Elections As prescribed under Article II, Section 4B. SECTION 4. Runoff Elections In the event of a tie vote, runoff elections shall be held, if necessary, within thirty (30) days from the date of the canvass of the votes cast at the regular. elections. SECTION 5. Procedures A. Provisions The City Commission shall provide, by ordinance, for the procedures of elections not inconsistent with Sate Laws and /or the Metropolitan Dade County Home Rule Amendment and Charter, except as specified herein. B. Canvassing Conmzittee Upon the closing of the polls and the casting of the ballot by the last person then entitled to 23 SOUTH MLA-MI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) vote, the Canvassing Committee, comprised of the majority of the Commission and the City Clerk, shall publicly record the results of the election and proceed to tabulate the absentee ballots and certify the results. (see Art. II, sec. 2) C. Installation At 8:00 P.M. on the day following any City election in the City of South Miami, the Commission shall meet in special session for the sole purpose of receiving the certified report of the Canvassing Committee and thereupon the installing officer, selected by the duly elected incoming Mayor, shall install the newly elected Mayor and Commission members after they shall have taken the prescribed oath of office. D. Oath of Office Every officer of the City shall, before entering upon the duties of his or her office, take and subscribe to the following oath or affirmation to be filed and kept in the office of the City Clerk. "I solemnly 'swear (or affirm) that I will support the constitution and will obey the laws of the United States and of the State of Florida; that I will, in all respects, observe the provisions of the Charter and the Ordinances of the City of South Miami and will faithfully discharge the duties of the Office of SECTION'6. Initiative and Referendum A. General Authorit (1) Initiative The qualified voters of the City shall have power to propose ordinances to' the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (2) Referendum The qualified voters of the City shall have power to require reconsideration by the Commission of any adopted ordinance and if the Commission fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or 24 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. B. Commencement of Proceedings, Petitioners; Con i.ttee; A- ffidavi t A minimum of 100 qualified votes may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the Commission are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the City Clerk shall issue the appropriate petition blanks to the petitioners' committee. C. Petitions (1) %Tumbe of s _atures. Initiative and referendum petitions must e signed by qualified voters of the City equal in number to at least 15o f. the total number of qualified. voters registered to vote iri th "last regular City election. (2) Form arontent All papers of a petition shall be uniform in ,size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall'contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) A.ffidavit of Circulator Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof, stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, the he or she believes them to be the genuine signatures of the persons whose names they purported to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. 2$ SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) (4) Time for Filing Initiative or Referendum Petitions Petitions must be filed within thirty (30) days after the Commission has failed to adopt a proposed ordinance or failed to reconsider an adopted ordinance when requested to do so. D. Procedure after Filing. (1) Certificate -of Clerk; Amendment. Within ten (10 ) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once ' if . the Npetitioners' committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of his or her certificate, and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Within five (5) days after such supplementary petition is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail. If a petition or amended petition is certified insufficient and . the petitioners' committee does -not elect to amend. or request Commission review under subsection 2, below, within the time required, the Clerk shall promptly present his or her certificate to the Commission and the certificate shall then be a final determination as to the insufficiency of the petition. (2) Commi.ssio*_i Review If a petition has been certified insufficient and the petitioners' committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days, after receiving the copy of 'such certificate, file a request that it be reviewed by the Commission. The Commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Commission's determination shall then be a final determination as to the sufficiency of the petition. However, the Commission shall not declare a petition to be insufficient unless the findings of the City Clerk are illegal or are factually in error. 26 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Contt'd) ( } Referend= Petitions; Suspension of Efrect of Ordinance. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition; or (2) The petitions` committee withdraws the petition; or (3) The Commission repeals the ordinance. (F) Actions on Petitions (1) Action by Corrmdsslon When an initiative. or referendum petition has, been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the Commission fails to take action on a proposed initiative ordinance without any change in substance within thirty (30) days or fails to repeal the referred ordinance within thirty (30) days after the date of the petition was finally determined sufficient, it shall submit the proposed or referred ordinance _ to - the, voters of the City.,.., (2) submission to Voters Such City election on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than seventy five (75) days from the date of the final Commission vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the Commission shall provide for a special election otherwise the vote shall be held at the same time as such regular election. Copies of the proposed or referred ordinance shall be made available at the polls, and at City Hall at least fifteen (15) days prior to the election thereon. (3) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the tenth day preceding the day scheduled for a vote by the electors by filing with the City Clerk a request for withdrawal signed by at least twenty (20) members of the petitioners' committee. Upon filing such request the petition shall have no further force, or effect and all proceedings thereon shall be terminated. 27 SOUTH MIAMI CITY CHARTER AKENDED 2/14/06 ��RTICLE V (Cout'd) (G) Results of Election (1) If 150 of the qualified electors vote on a proposed initiative ordinance and a majority vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (2) If 150 of the qualified electors vote on a referred ordinance and a majority vote against it, it shall be considered repealed on certification of the election results. (3) An ordinance adopted by the electorate through initiatory proceedings shall not be amended or repealed by the Commission for a period of one year after the election at which it was adopted but thereafter it may be amended or repealed by a 4/5 vote. (4) After a referendum petition has been filed, if the Commission repeals the ordinance involved before the petition is vote on by the electorate, then the Commission may not reconsider such ordinance for a period of one (1) y ear after_ its repeal. (H) Recall A Commission member may be recalled as provided by state law. (Amended 2/8/00) ARTICLE VI GENERAL PROVISIONS SECTION 1. Conflict of Interest The City Commission shall, by ordinance, enact a conflict of interest ordinance, which shall_ be at least equal to the standards of conduct for public officers and employees as set forth in the state statutes and the Miami -Dade County code. A Commission member may not serve as a voting member of any board that reports to.the Commission. (Amended 2/8/00) 28 SOUTH MU -1\1I CITY CHARTER AMENDED 2/14/06 Statutes & Constitution :View Statutes :- >200S- >Ch0101- >Sectior, 6105 : fZsenate.gov Page 1 of 1 Select Year 2005 Vhe 20!05 1 -710:: ' '31 -l' Go Title IX Chapter 101 View Entire Chester ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.6105 ,absentee voting.- -The provisions of the election code relating to absentee voting and absentee ballots shall apply to elections under ss. 1.01.6101- 101.6107 only insofar as they do not conflict with the provisions of ss. 101.6101- 101.6107... History. - -s. 1, ch. 87 -364. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2DD0 -2005 State of Florida. http : / /w,,vw. flsenate. gov /Statutes /index. cfm ?p =2& App_ mode =D isplay_Statute &Search_St... 7/13/2006 Chapter 9 ELECTIONS* Sec. 94. State Election Code adopted for municipal! elec- tions. All general and special elections held in the City of South Miami, Florida, shall be. held and conducted in accordance with the provisions of Chapter 4328, Laws of Florida, Acts 1895', and the acts amendatory thereof and supplementary thereto, as nearly as practicable; provided, that the city commission shall perform all acts in relation to such general land special election, which by state law is made the duty of the county commissioners. Provided that no person under guardianship, idiotic or insane, convicted of felony, nor any person convicted of bribery, perjury or larceny, or of any infamous crime, or being interested in any bet or wager, the result of which shall depend upon any election; or of fightin�g a.duel, or of sending or knowingly carrying or accepting a challenge to fight a duel, or being a second to either party to a duel, and not restored to civil rights shall be qualified to vote at any such election. (Ord- Igo. 19, 12 -7 -26, § 3) Sec. 9 -1.1. Charter amendment elections. Pursuant to the requirements of section 5.03 of the Home Rule Charter of Dade County, Florida, the procedure for the drafting or having drafted of a proposed charter, amendment, revocation, or abolition of the government. of the city, shall be by the method of- (1) Accepting ubmission to referendum any draft of a preen charte amendment, revocation or abolition ca ned in a pe 'tion certified to contain the signatures of(10) pe r ce t of the qualified electors of the city. *Cross refe aces --A ministration, Ch- 2; political signs, § 3 -1. State law refer a —State Election Code, Chs. 97 -106, Florida Statutes. fEditor's note -- Chapter 4328, Laws of Florida 1895, has been incorporated in Chapters 97 -106, inclusive, Florida Statutes. Supp. No. 54 125 § 9 -1.1 SOUTH MEAJk5I CODE § 9 -3 (2) Having prepared by the city attorney and approved by the city commission (either with or without the prior prepa- rations and approval of a charter board or committee), a resolution or resolutions calling referenda providing for the adoption, amendment or revocation of the charter to the city or to abolish its existence. (3) That alternative proposals may be submitted to the electors. (a) That a public hearing to be held on the proposed amend- ments, revocation or abolition of the charter, not less than sixty (60) days before the election. (5) That copies of any proposed amendment or amendments shall be made available to the electors not less than thirty (30) days before the election. (6) That each proposal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. (7) That a copy of each approved amendment shall be certi- fied by the city clerk and filed with the Clerk of the Circuit Court in and for Dade County, Florida. (Ord. No. 651, § 1, 6- 10 -69) Editor's note--Ord. No. 651, § 1, amended this Code by adding a section designated "§ 9 -1 -A" which the editors redesignated as "§ 9 -1.1" to canfarm with the Code format. Sec. 9 -2. Qualifications of electors. Any person who shall possess the qualifications requisite to an electioft at general state elections, and shall have resided in the City of South Miami six (6) months next preceding any election, and shall have been registered in the registration book of the city shall be a qualified elector of the city. gee. 9 -3. Polling places; appointment and certificate of election inspectors and clerk of inspection. ' The polling place for all general and special elections for the city, unless otherwise specially provided for, shall be at the S lva G. Martin Community Building, 6130 Sunset Drive and the city Supg. No. 54 126 C fr g-5 SOUTH MLkMr CODE 99-7 (c) The official ballot to be used at such general or special election shall be prepared by the city commission in the mariner provided by the state later. (Ord. 1913, 10 -4-49; Ord. No. 1599, § 2,12-19-95; Ord. Igo. 1625, § 1,3-4-97) Sec. 9 -6. Registration books —.City commission as revision board. The city commission may act as a revision board in correcting and revising the registration books of the city at any time not later than thirty (30) days previous to any election to be held in the city by a motion of the city commission duly passed at any regular meeting of the city commission or at any meeting called for this purpose. (Ord. 19, § 7, 12 -7 -26; Ord. 65, 6 -6 -33) Sec. 9 -7. Sam Pen and closing dates, oath arld identi- ficatiOn of elector for registration. Pursuant to authority of the applicable Florida Statutes, the city hereby adopts provisions of section (4) and subsections (a) and (b) of section. (5) of Florida Statute 98.051 relating to registration books for a permanent registration system when open., when closed, and other rules and regulations conceraing registration and elections, and Florida Statute 97.051 relating to oath required when registering. (Ord. No. 19, § 8, 12 -7 -26; Ord. 322, § 1, 3- 22 -55; Ord. No. 881, § 1, 1- 20-76) Supp. No. 54 128 r� § 9-3 ELECTIONS § 9 -11 Sec. 9 -8. Absentee voting; provisions of state law adopted for same. Pursuant to authority contained in Section 101.70, Florida Statutes, 1953, the city hereby adopts the provisions of Chapter 101 relating to absentee voting for the purpose of entitling registered voters of the city to participate in elections in the city. (Ord. 227, § 1, 1- 16 -51) Sec. 9 -9. Pilling vacancy in candidacy. If a qualified candidate is prevented from fulfilling his candi- dacy by reason of death, withdrawal or removal from the ballot following the end of the quasi ng period, and which leaves fever than two (2) candidates for an of -ce, the remaining candidate shall be deemed to have been elected to such office. In the event no candidates remain for office, a special election shall be held in accordance with the city's Charter. (Ord. No. 1598, § 1, 12- 19 -95) Sec. 9 -10. Runoff elections for mayor. In the event no candidate for mayor. shall receive a majority of the votes cast for mayor in a general or special. election, a runoff election. shall be held on the second Tuesday following such general or special election. Runoff elections shall be conducted in the manner provided in this chapter except as follows: (a) The registration book shall not be reopened prior to-the.. runoff election; (b) Proclamation or notice of election shall be published once only not less than seven (7) days prior to such runoff election; and (c) Applications for absentee ballots shall be made at least seven (7) days prior to runoff election. (Ord. No. 747, § 1 1- 18-72) Sec. 9 -11. Campaign contributions. No person, committee, corporation, or other entity shall make contributions to any candidate or political committee for any commission seat in the city in excess of two hundred fifty dollars ($250.00) per candidate. (Ord. No. 1475, § 1, 4- 16 -91) Editor's note -- Ordinance No. 14 -91 -1475, adopted April 16, 1991, did not specifically amend the Code; hence, codification of § 1 of said ordinance as § 9 -11 was at the discretion of the editor. Supp. No. 57 129 METRO & STATE (t CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of The City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 16, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE 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 11, SECTIONS 5 BAND 6 8(3); AND EDITING THE ORDINANCETO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TOAMENDINGTHE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 2 -1 Old), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS,' SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER. ARTICLE 11, 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 9-1,9-1.1.,9-2,9-3,9-6,9-7,9-8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. A ORDINANCE RELATING TO AMENDMENT OF 2007 -2008 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER FOR THE BUDGET YEAR ENDING SEPTEMBER 30, 2008, AND TO INCREASE THE CURRENT YEAR BUDGET FOR DEBT SERVICE AND CAPITAL IMPROVEMENTS.(GARAGE LOAN) NOT INCLUDED IN THE FINALADOPTED BUDGET, BUT INCURRED INTHE CURRENTYEAR;AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1), (J), (K), (L), (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR ANEW SECTION 20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FORA REPEAL PROVL90N AND A SEVERABIIITY CLAUSE. AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE 111, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED. AN ORDINANCE RELATING TO THE PERMIT FEEIFEE SCHEDULE; AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE. AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS, A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(8)(19) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED AT 5800 SW 73" STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. If you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6340 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which d.. appeal is to be based. - D1 SATURDAY, SEPTEMBER 6, 2008 1 5B ....., ....... relating to the Social and Economic Development Council • Ordinance amending Section 10 -33.02 of the Code of Miami -Dade County; pertaining to the Community Small Business Enterprise (CSBE) program for the purchase of construction services; providing for enforcement and penalties for failure to satisfy an approved CSBE make -up plan; amending Section 8cc of the Code of Miami -Dade County • Ordinance amending Ordinance No. 07 -129 to transfer eight percent local business tax revenues to the Beacon Council from the Office of Community and Economic Development; amending Section 8a- 171.2.of the Code of Miami Dade County, Florida relating to local business tax • Ordinance amending Ordinance No. 07 -129. relating. to the transfer of eight percent local business tax revenues from Office of Community and Economic Development to Metro -Miami Action Plan Trust; providing such percentage shall be allocated by the Beacon Council to, Metro -Miami Action Plan Trust -Resolution approving application of Excel Transportation, Inc. to modify Certificate of Transportation No. 123 to provide Jitney Service as a passenger motor carrier Transit Committee (TC) of Wednesday. September 10,1008. at 2:00 PM • Ordinance relating to seaport safety; amending Sections 28a -6.4 and 28a -6.6 of the Code of Miami -Dade County; requiring the Port Director to consider a stevedore applicant's work - related safety record in issuing stevedore licenses and permits; authorizing the Port Director to suspend or revoke stevedore . licenses and permits based on the stevedore's work- related safety record; creating Section 28a -6.7; requiring stevedore license and permit holders to report. work - related accidents, injuries, deaths and regulatory actions to the Director • Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County; providing that'consistent with state law'parking charges maybe imposed on vehicles displaying a disabled parking permit or license tag at any County Airport or Seaport under specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law Airport and Tourism Committee (ATC) of Thursday: September 11, 2008. at 9:30 AM • Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County; providing that consistent with state law parking charges may be imposed on vehicles displaying a disabled parking permit or license tag at any County Airport or Seaport under specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law • Ordinance creating Aircraft Noise Abatement Advisory Board for Miami International Airport; providing membership, purpose, procedures, powers and duties • Ordinance creating Miami International Airport Neighborhood Relations Committee; providing purpose, membership, procedure, powers and duties; staff Health and Public Safety Committee (HPSC) of Thursday, September 11, 2008. at 2:00 PM • Ordinance pertaining to animals; creating Section 5 -21 and amending Section 8cc -10 of the Code of Miami-Dade County; regulating the tethering of dogs; providing authority for enforcement by civil penalty All interested parties may appear and be heard at the time and place specified. A person who decides to appeal• any decision made" by any board, agency, or commission with respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. Miami -Dade County provides equal access and equal opportunity and does not discriminate on the basis of disability in its programs or services. For material in alternate format, a sign language interpreter or other accommodation, please call 305- 375 -3943. HARVEY RUVIN, CLERK KAY SULLIVAN, DEPUTY CLERK