Resolution 86-18708 RESOLUTION NO. 86-18708
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH NOTICING THE NULLIFICATION
AND REPEAL OF PARAGRAPH 7, SECTION 26 OF THE
MIAMI BEACH CITY CHARTER REQUIRING ELECTORATE
APPROVAL OF ORDINANCES OR MEASURES APPROVED BY
AN ELECTORATE.
WHEREAS, Paragraph 7 of Section 26 of the Miami Beach
City Charter states:
No ordinance or measure approved by an
electorate under the provisions of this
section shall be subject to veto or to be
amended or repealed except by a vote of the
same electorate or by legislative authority.
If the provisions of two or more measures
approved and adopted at the same election
conflict, then the measure receiving the
highest affirmative vote shall control.
; and
WHEREAS, this Section has been nullified and repealed
pursuant to Florida Statute §166.021 (4) . See, Harry Plissner v.
City of Miami Beach, Eleventh Circuit Court Case No. 85-04526,
(Agreed Order October 10 , 1985) .
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that it hereby
notices the nullification and repeal of Paragraph 7 , Section 26 of
the Miami Beach City Charter requiring electorate approval of
ordinances or measures approved by an electorate.
PASSED AND ADOPTED this 17th day of December , 1986.
tirdL i
Attest: MAYOR
6—ni-?P4../
CITY CLERK
JKO/rg FORM APPROVED
LEfAL DEP .
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9
Date 4--q?
ORIGINAL
RESOLUTION NO. 86-18708
(Noticing the nullification and repeal
of paragraph 7, §26 of the Miami Beach
City Charter requiring electorate approval
of ordinances or measures approved by an
electorate)