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R-0800-86 RESOLUTION NO. 800-86 RESOLUTION CALLING FOR SPECIAL ELECTION IN MIAMI SHORES VILLAGE, FLORIDA, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI SHORES VILLAGE A PROPOSAL FOR AMENDMENT TO PARAGRAPH (a) OF SECTION 518 OF MIAMI SHORES VILLAGE ORDINANCE NO. 270, AS AMENDED, TO INCREASE PERMITTED MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES IN ANY SIDE OR REAR YARD FROM FIVE FEET TO A PERMITTED HEIGHT OF SIX FEET; PROVIDING FOR A METHOD OF THE ELECTORS TO INDICATE APPROVAL OR DISAPPROVAL OF THE PROPOSED CHANGE; PROVIDING FOR SAMPLE BALLOT ON VOTING MACHINES; PROVIDING FOR CONDUCT AND MANNER OF SPECIAL ELECTIONS. WHEREAS, the required number of electorate of Miami Shores Village presented to the Council of Miami Shores Village to amend Ordinance No . 270 to increase the permitted height of side and rear yard fences , NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA: Section 1 : In accordance with Section 28 of Article III of Sub-Part (a) of the Charter of Miami Shores Village, Florida, a special election is here- by called and shall be held in Miami Shores Village, on Tuesday, April 22, 1986, for the purpose of submitting to the qualified electors of Miami Shores Village, Florida, a proposal for amendment to Miami' Shores Village Ordinance No. 270, as amended, in the form attached hereto and made a part hereof. Section 2 : The result of such special election shall be determined by a majority of the qualified electors of Miami Shores Village, Florida in accordance with the provisions of the General Election Law. Voting machines shall be used in such special election, and the questions which shall appear on the voting machines shall be substantially in the following form: "SHALL PARAGRAPH (a) SECTION 518 OF MIAMI SHORES VILLAGE ORDINANCE NO. 270, AS AMENDED, BE FURTHER AMENDED TO PERMIT SIX FOOT FENCES, WALLS AND HEDGES IN SIDE OR REAR YARDS EFFECTIVE ON APRIL 23,1986?" Section 3: Those qualified electors desiring to approve such amendment shall be instructed to make the required perforation opposite the word "Yes" to indicate "approval of the proposed ordinance amendment" and opposite the word "No" to indicate "rejection of the proposed ordinance amendment". Section 4: A sample ballot showing the manner in which the question or proposal aforesaid shall appear on the voting machines at this special election shall be published and provided in accordance with the applicable provisions of the general election laws . Section 5. This special election on the proposed ordinance amendment shall be held and conducted in accordance with the applicable provisions of the general laws relating to special to special elections, provisions of the Metropolitan Dade County Home Rule Amendment and Charter. All officials involved in said proceedings are hereby authorized and directed to take appropriate action necessary to carry into effect and accomplish the provisions of this Resolution . Election Inspection Boards, inspectors and clerks to serve as election officials shall be appointed in accordance with the provisions of the general election laws, and this special election shall be canvassed in accordance with the laws provided therefor. PASSED and ADOPTED this 4th day of February .,1986. MAIMI SHORES VILLAGE By: / MAYOR ATTEST: L.R. FORNEY, JR. VILLAGE CLERK RAND L-7 ER, DQ UTY VILLAGE CLERK APPROVED AS TO FORM: WILLIAM F. FANN, VITILAGE ATTORN 2 PROPOSED AMENDMENT TO PARAGRAPH (a) , SECTION 518 of ORDINANCE NO. 270, MIAMI SHORES VILLAGE, FLORIDA The Ordinance described above presently reads as follows: Section 518 [fences, walls and hedges] Fences, walls and hedges may be located within any yard, including the margining thereof, subject to the following requirements: (a) Maximum height in any required front yard, three and one-half (3-1/2) feet; in any required side or rear yard, five (5) feet; except that: . . . The above Section shall stand amended to read as follows: Section 518 [fences, walls and hedges] Fences, walls and hedges may be located within any yard, including the margining thereof, subject to the following requirements: (a) Maximum height: in any required front yard, three and one-half (3-1/2) feet; in any required side or rear yard, six (6) feet; except that: . . .