1 2 3 4 5 6 7 ORDINANCE NO. An Ordinance amending section 20-6.1(B)(4) i and ii of the City of South Miami Land Development Code to change the number of members that constitute a quorum and the number of votes required to approve an application. 8 WHEREAS, twice during the last month Planning Board meetings have been cancelled 9 for lack of a quorum; and 10 11 WHEREAS, four affirmative votes are required to pass Planning Board agenda items 12 when six or seven Planning Board members are present and three affirmative votes are required 13 to pass Planning Board agenda items when five Planning Board members are present. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 17 18 Section 1. Section 20-6.1 (B)(4) is hereby amended to read as follows: 19 20 Procedures. 21 (a)quorum and voting. 22 1. A quorum shall be :five four (.. 4) members. 23 fro A majority vote of the members present shall be required to pass l:lpeh: any 24 matter on which the board is required to act under this Code. However, in 25 the event that only four (4) members are present and the vote is split 1'.'0'0 26 to tvv'o the application shall not be defeated but shall be deferred until at 27 least five (5) members of the Planning Board are present to address the 28 ~ 29 30 31 Section 2. Codification. The provisions of this ordinance shall become and be made 32 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 33 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 34 "ordinance" may be changed to "section" or other appropriate word. 35 36 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 37 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 38 shall not affect the validity of the remaining portions of this ordinance. 39 40 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 41 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 42 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 43 that give the appearance of being in conflict when the two ordinances can be harmonized or 44 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 45 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby Page 1 of2
1 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 2 to harmonize the two ordinances shall be repealed. 3 4 Section 5. Effective Date. This ordinance shall become effective upon enactment. 5 6 PASSED AND ENACTED this day of,2013. 7 8 ATTEST: APPROVED: 9 10 11 12 CITY CLERK MAYOR 13 1 st Reading 14 2 nd Reading 15 16 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 17 LANGUAGE, LEGALITY AND Mayor Stoddard: 18 EXECUTION THEREOF Vice Mayor Liebman: 19 Commissioner Newman: 20 Commissioner Harris: 21 Commissioner Welsh: 22 CITY ATTORNEY 23 24 25 Page 2 of2
ORDINANCE NO. An Ordinance amending section 20-6.1(B)(4) i and ii of the City of South Miami Land Development Code to change the number of members that constitute a quorum and the number of votes required to approve an application. WHEREAS, twice during the last month Planning Board meetings have been cancelled for lack of a quorum; and WHEREAS, four affirmative votes are required to pass Planning Board agenda items when six or seven Planning Board members are present and three affirmative votes are required to pass Planning Board agenda items when five Planning Board members are present. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20-6.1 (B)( 4) is hereby amended to read as follows: Procedures. (a)quorum and voting. 1. A quorum shall be ffie four (~4) members. fr. A majority vote of the members present shall be required to pass tlf*hl any matter on which the board is required to act under this Code. However, in the event that only four (4) members are present and the vote is split two to 1'.'0'0 the application shall not be defeated but shall be deferred until at least five (5) members of the Planning Board are present to address the issue. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-iettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby Page 1 of2
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this day of,2013. ATTEST: APPROVED: CITY CLERK 1 st Reading 2 nd Reading MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY ATTORNEY Page 2 of2
DECEMBER. 30, 2012 I
MiAMI DA~l Y BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review 11k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - JANUARY 8, 2013 in the XXXX Court, was published in said newspaper in the issues of 12/28/2012 Affiant further says that the said Miami Daily Business. Review is a newspaper published at Miami in said Miami Dade County, Florida and that the said newspaper has heretofoie been continuously published in said Miami-Dade County, Rorida, each day (except Saturday, Sunday and Legal Holidays). and has been entered as second class mall matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb. or refund for the purpose of securin' sement for ubiicatiori in the said aper ~ :::",,~-r--..., 28 day of DECEMBER,A.D. 2012 (SEAL) MARIA MESA personally known to me ~otary Public State of FlOrida heryl H Marmer ~Y ~ommission EE 189528 "J(plres 07/1812016