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ORDINANCE N0, 491
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- -- ORDINANCE OF CITY `OF SOUTIIAI FLORIDA SETTING FOR H"T
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OF PROPOSE&CHARTER AMENDMENTS, PROVIDING FOIpAMENDING SECTION
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14, E Z, SECTIONS.,Al 12W .'13, _,14
AND 19, ARTIC E 2; SECTIO1S 1, 2`%rND 6,',Al3TICLE 4- ADDING
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SECTIONSyTO $E'NUED SECTION 23, ARTI LE 2ISECTION 24
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ARTICLE 2, AND. SECTI01 rl$, ARTICI.!? 4;z PROVIDING FOR =SUBMISSION
OF SAID"CHARTER AMENllLIENT5`TO'THE`ELECTORS OF THE CITY AT THE
_'FEBRUARY)¢`, 1964, MUNICIPAL ELECTIONS.
BE IT ORDAINED BY MAYOR AND CITY 'COUNCIL OF THE CITY OF SOUTH`MI4AMI,
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FLORIDA:
Section 1. Pursuant to the provisions of Section 5.03 of the "Home Rule
Charter of Metropolitan Dade County,'`the following '.roposed City of South Miami,
Florida, Charter�'Amendmenis are hereby drafted for submission to the electors of
City of South Miami, Florida:
A., A proposed Charter amendment, amending Section 14; Article 1, of the
Charter, thereby eliminating -necessity for separate public hearing before
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Planning and Zoning Board of City before adopting change in use districts,
toning regulations or "restrictions.
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B. A proposed Charter 'Amendment amending; Section 3, Article 2, of the
Charter, thereby providing for removal of -City Manager at will of Council,
and further providing for 30 days severance pay if removed without cause.
C. A proposed Charter Amendment, amending Sections 11,12, 13, 14 and 19,
of Article 2 of the Charter, thereby providing for Council to be composed
of Mayor and '4 Councilmen; setting forth duties, compensation, qualifi-
cations and manner of selection; removing Mayor right of veto; providing
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effective date of February 1, 1966.
D. A proposed Charter amendment amending Sections 1, 2 and 6 of Article
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4 of the Charter, thereby changing fiscal year to October 1 through
September 30; changing and establishing dates Budget shall be submitted
and adopted.
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E. A proposed Charter amendment, amending City Charter by adding section
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to be numbered Section 23, Article 2, thereby providing City Council may
establish Employees Pension Plan and levy tax not to exceed two mills for
such purpose.
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F. A proposed Charter amendment, amending City Charter by adding section
to be nu6ered Section 25, Article 1, thereby authorizing City to organize,
support and administer public libraries.
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G. A proposed 'Charter amendment, amending City Charter by adding section
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to be numbered Section 18, Article 4, thereby providing City may establish
occupational 'license `fees without regard to State law fixing sauce.
{ Said proposed Charter Amendments being attached hereto and incorporated
by reference.
£, Section 2. The proposed Charter amendments are hereby submitted to the
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electors of City of South Miami, Florida, for a vote to be taken relative 'to their
,- approval or disapproval at the FeVi6ary)j, 1964, nunicipal elections.
Section 3. The City Manager, City Attorney and City Clerk are hereby
directed to "take all steps necessary to Tacilitate` the submission of these proposed
Charter amendments to the electors of Ci ylof South'Aiami, Florida, at the February
-4; 1964 municipal elections.
PASSED AND ADOPTED THIS J.-e, day of A.D.1963.
:. Presiding Officer, City Council
ATTEST:
€4 { City Clerk
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Pursuant to Article 5, Section 5.63 of the Home Rule Charter of
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Metropolitan Dade County, the electorate of City of South Miami, Florida,
hereby awrends the charter of the City of South Miami, Florida; the same
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being Chapter 29539, Special Act s, Laws of Florida, 1953, as arended, as
follows:
Sec. 14, Art. l of the Charter of City of Souih'lara, Florida,
is hereby amended 'to -read 'as follows:
Sec. 14 -.The City shall have all of the`powers conferred upon
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cities by the general laws of the State of Florida, with reference
to Municipal zoning, and in addition thereto, my provide by
ordinance for the establishment of a city planning and zoning
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board, which said Board may be ewpowered, awong other things, to
investigate and recommend to the City Council such changes in the
boundaries of the various'use`districts, zoning regulations and
restrictions, as may be deemed appropriate by such board.
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Pursuant_ to Article 5, Section .SO3 of the Hose Rule Charter
for Metropolitan Dade County, the electorate of City of South Miami,"
Florida, hereby axends `the 'charter of the City of South Miami, Florida,
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the same heing Chapter 29539, Special Acts, laws of Florida, 1953, as
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amended as follows:
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Sec.`3, Art. 2 of the Charter of City of South Magid, Florida
is hereby amended to read as follows:
Sec. 3 - The Council shall appoint the City Manager for an
indefinite term and nay remove him by a majority vote of its
members with or without cause. If the removal is without 'cause
the City Manager shall receive his salary for thirty days
immediately following the adoption of the resolution renovieg
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him 'fro m office.
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Pursuant to Article 5, Section 5.03 of the Home Rule Charter of Metropolitan
Dade County, the electorate of City of South Miami, Florida, hereby amends the Charter
of the City of South Miami, Florida, the same being Chapter 29539, Special Acts, Laws
of Florida, 1953, 'amended, as follows:
Sections'1112,13,11,$ 19 inclusive, Article 2 of the Charter of 'the City of
South'Miami,' Florida, are amended effective February 1,`1966 to read as follows:
Section 11. The Council shM_ be coriposed of the Mayor and .4"7, Councilmen
elected from' the City at largee.
Section'12. The Mayor shall be elected on '`the second Tuesday of February
of each even year, and shall hold office for a two -year term or until
his successor is duly elected and qualified. The Mayor shall be a
qualified elector of the City, and shall hold no other public office
during his tenure of office.
Section '13. A. The Mayor shal 5feside at meetings of the City Council
and shi l be recognized as head of the City'Goverhmeht for cere onial
purposes. The Council shall elect fro m'its members an assistant Mayor,
who shall act a3 Mayor and assume his duties during the absence or
disability of the Mayor.-
B. The annual Salary and Expense Account of the Mayor shall
be prescribed by Ordinance and fixed in the annual budget and such salary
shall not be increased after such budget shalChave been submitted and
approved nor increased during the term`of office for which he shall have
been elected.
C. A vacancy in the office of Mayor caused by death,
resignation, or other causes shall be filled by the holding of a special
election for such -purpose within 66 days from the date of such vacancy
provided that no nunicipil election is to occur within sixty days;.tlter
such vacar^' y is created.
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Section 14. A. Councileen shall be qualified electors of the City during
the tenure of office and shall -hold no other public office. The`annuaI
salary and expense account of Councilmen shall be prescribed by Ordinance
and fixed in the annual budget and such salary and expense account'shall
not be increased after such'budget shall have been submitted and approved. -
B. The regular election for choice of Councilmen shall be
held on the second Tuesday in February of each even year. Two Councilmen
shall be elected each even year, and shall serve for a term of 4 years.
In both regular and Cit y elections ' the can receiving the highest
number of votes shall be declared to "fill the number of vacancies to be
filled on tiie` Council.
Section l9. The City Council shall "act only by ordinance or written
resolution, and the title of all ordinances and resolutions, except
ordinances And resolutions pertairiing'to appropriations which are herein
below provided for shall briefly but clearly state all the subject flatter
contained in the body of the ordinance or resolution. Every ordinance or
resolution shall require a 3/5 affirmative vote of -the City Council for
passage; upon the passage of every ordinance the "yeas" and "nays" shall be
entered on the minutes of each meeting, and of any resolution when a request
so to do is made by a me nber of the City Council. All ordinances must be
read in their entirety on first and third readings. The second reading nay
be by caption only. All ordinances rust be read in-at least two (2)
meetings of the City Council, except ordinances declared eaorgency, which
nay be passed and adopted at one meeting. No member of the Council shall
be excused from voting except on natters involving the consideration of
his own official conduct or where his own financial interests are involved.
All ordinances of the City of South Miami, before they shall become a law
or take effect, rust be published at least one time by caption in a
newspaper of general circulation in the City of South !Miami, or posted in
full in a conspicuous place in said City, except as otherwise provided infra.
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Ordinances or resolutions or orders pertairii:jIg to the appropriation or
expenditure of money shall requIre a 4/5 affirmative vote of the City
Council and the "yeas" and "nays" shall be called for and entered upon
the minutes of each meting 'Upon the passage' of such appropriation or
expenditure; the title of such ordinance or - resolution shaft state
generally but clearly the subject -iratter contained ained in'the body of the
ordinance or resolution and such ordinance or resolution shall be
confined to the subject of appr6piriatidns.
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Pursuant to Article S, Section 5.03 of the Home Rule 'Charter for Metropolitan
Dade County, the electorate of South Miami, Florida, hereby amends the Charter of the
City of South Miami, Florida, same being Chapter 29539, Special Acts, Laws of Florida,
1953, amended, as follows:
Sections 1, 2 and 6 of Article 4 of the Charter of the City of South Miami,
Florida, is hereby amended to read as follows:
Section 1. The fiscal year of the City shall begin on the first day of
October of each year and shall kind on the last day of September of each
calendar year. Such'fiscal -year shall also constitute the Budget and
Accounting` year. -As used in this Charter• the 'term Budget Year shall mean
the fiscal year 'for which any particular budget is adopted and in which it
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is administered.
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Section 2. The City Manager not later than July '15 of each year, unless
an ear, lierdate be prescribed`` by`the City Council, shall submit to the
Council a Budget together with °an explaritory budget message. For such
purpose at such date that the City Manager ray determine, he may obtain
from the "head of each office or, department estimates of "revenues and
expenditures of "that office together with an estimate of all capital
projects pending'or which such department head believes should'be under-
taken within the Budget Year within the five years next succeeding. In
pzcpairinv the- Dt,d¢et 'the City Manager shall review the estimates, may hold
hearings thereon and may revise the estimate if he deems advisable.
Section 6. After conclusion of such public hearing Council may insert
new items or may increase or decrease the items of the Budget; provided
however that if total of proposed expenditures be increased thereby, then
and in that event, the Council shall cause to be posted a notice setting
forth the nature of the proposed increase and fixing a -tire and place not
less than five days after posting, at which time and place the City Council
will hold further public hearing thereon. The Budget shall be finally
adopted by an affirmative vote of the majority of the Council, not later
than September 22 of each year. Should the Council take no final action on
or prior to such day, the Budget as submitted shall be deemed to have been
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finally adopted by the Council provided the Budget does not exceed by 10%
the '�-rwiious yeart-fijid- got -6j-" r—tnen-t . In 4h event t e Budgeter , o - es
exceed by 10th previous years Budget by department ltihen and in'that
event the Council shall be deemed to have approved the previous years
budget.
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Pursuant to Article S, Section 5.03 of the Hone Rule Charter
Of Metro'_Po=iitan Dade County, the electorilate of South Miami, Florida
hereby anends the Charter- of the City of South Miami, Florida, the same
being Chapter 29539 Special Acts, laws of Florida, 1953, as amended as
follows:
Article 2 of the Charter of the City of South Miami, Florida,
is hereby affended so as to include a section to be nuirbered
Section 23. said Section 23 ofArticle 2 of Charter -of City
of South Miami, Florida to read as f6flows:
Section 23. The City Council may by ordinance establish a
Conprehensive Pension Pian'for City Euployees and nay levy a
tax not to exceed 2 wills for such jiurpose.
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Pursuant to Article 5, Section S.03 of the Hose Rule Charter
of Metropolitan Dade` County, the electorate of City of-South Miami,
Florida, hereby amends the charter of the City of South Miami, Florida,
the same being Chapter 29539, Special -Acts, Laws of Florida, 1953, as
amended, as follows:
Article 1-of the Charter of "the City of South Miami, Florida,
is hereby amended so as to include a section to be nunbered Section 25,
said Section 25 of Article d to read as follows:
{ Section 25. The City shall have the power to organize, support
and administer public libraries.
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Pursuant to Article S, Section 5.03 of the Hone Rule'Charter of
Met=ropolitan Dade County, the electorate of City of South Miami, Florida;
hereby amends the charter of the City of South Miami, Florida, the sane
being Chapter 29539, Special Acts, Laws of 'Flo'Hda, '1953, as amended, as
follows:
Article 4`of'the Charter of the City "of South Miami, Florida,
is hereby amended so as to include a section to be nu'irbered Section 18, <`
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said Section 18 of Article 4 to read as follows:
Sec on`l8. In providing for "licensing and'regulitfrig, persons,
corporations and associations engaged in business, occupations,
professions and trades, the City nay, by Ordinance, classify
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businesses and arrange the various businesses, occupations, trades
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and professions carried on in"the City into such classes as my
be just and "proper, and fix by Ordinance the license fee payable
by each, without regard to the State law fi ing such fees.
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