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HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 2. - LIBERTY CITY COMMUNITY REVITALIZATION TRUST Footnotes: --- (5_ 1) --- Editor's note- Ord. No. 12859, § 4, adopted October 12, 2006, repealed and reenacted division 2, §§ 12.5-26-12.5-39 to read as herein set out. Formerly, division 2 pertained to the model city community revitalization district trust, and derived from Ord. No. 12082, § 3, adopted July 10, 2001, Ord. No. 12110, § 2, adopted September 13, 2001, Ord. No. 12139, § 2, adopted October 11, 2001' Ord. No. 12201, § 1, adopted March 14, 2002' Ord. No. 12222, § 1, adopted April 18, 2002, Ord. No. 12257, § 1, adopted July 9, 2002, Ord. No. 12806, §§ 1, 2, adopted May 11, 2006. Sec. 12.5-26. - Liberty City Community Revitalization Trust created. A limited agency and instrumentality of the city to be known as the "Liberty City Community Revitalization Trust" is created and established. Use of the term "Liberty City Trust" in this division shall mean the Liberty City Community Revitalization Trust. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-27. - Liberty City Trust Jurisdictional authority. The Liberty City Trust shall exercise the powers and duties for the area in Liberty City ("area") described as follows: Using the City of Miami Boundary on the north and 195 as a point of beginning ("POB"), running south on 195, to SR 112, west on SR 112 to NW 17th Avenue, north on NW 17th Avenue to NW 58 Street, west on NW 58 Street to the City of Miami Municipal Boundary, then running along the City of Miami Municipal Boundary north, then east, then north then east to 195, POB, all in the City of Miami, Miami -Dade County, Florida as depicted in attachment "A". Additionally, in connection with city commission Ordinance No. 13758, adopted March 22, 2018, the Liberty City Trust is hereby designated as the recipient neighborhood revitalization organization and community revitalization trust thereunder serving District 5 and shall exercise the powers and duties for the District 5 neighborhoods owner -occupied affordable housing improvements grant program ("Grant Program") throughout District 5 and especially in the neighborhoods of said District located within Block 17 of the Wynwood Park Plat at approximately 3043 Northwest 3rd Avenue, 3040 Northwest 2nd Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 st Street, and approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30th Street (collectively, "District 5 Grant Program Area") in order to assist homeowners of owner -occupied dwellings in District 5, and especially within the area of the properties to be developed, with life safety, resiliency, sustainability, hurricane hardening, and other necessary affordable housing improvements such as, but not limited to installations of high -impact windows and doors, new energy efficient HVAC systems, new efficient electrical and plumbing systems, new or repaired roofs, and other necessary repairs for dwellings owned and occupied by low income homeowners. (Ord. No. 12859, § 4, 10-12-06; Ord. No. 13859, § 2, 9-12-19) Editor's note— Attachment "A" referenced above may be found in the office of the city clerk. Sec. 12.5-28. - Purpose; powers and duties. (a) Purpose. The Liberty City Trust, in cooperation with the city manager, the department of community development and other city departments, shall be responsible for oversight of and shall facilitate, the city's revitalization efforts for the redevelopment of the area in a manner consistent with the strategy identified in the Five Year Consolidated Plan, as amended, and adopted by the city commission from time to time. The Liberty City Trust shall promote economic development, business and commerce in the area. The Liberty City Trust shall develop and execute a plan to create jobs, attract industry and facilitate the production of goods and services in the area for residents and non-residents. It will facilitate the development of affordable housing, engage in homebuyer assistance programs and market the area to encourage former residents and others to locate to the area. Further the Liberty City Trust will facilitate the creation, undertakings, guidelines, operations, activities, improvements, and monitoring of the Grant Program in the District 5 Grant Program Area. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any existing contractual obligations, the Liberty City Trust shall be empowered to take all actions necessary including, but not limited to, the following activities: (1) Establish policy for the revitalization efforts in the area; (2) Advocate the purposes of the Liberty City Trust; (3) Assist and advise the city commission, the department of community development; other departments and other public officials and entities concerning the revitalization initiative in the area; (4) Promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the area; (5) Solicit and accept grants in cooperation with the office of grants administration. The Liberty City Trust shall contact the office of grants administration for assistance in project planning, proposal writing, application assembly, and monitoring financial and budgetary compliance with grantor agency guidelines. All grant applications shall be submitted to the office of grants administration for review, and will subsequently be forwarded to the director of grants administration for approval, and final signature. The Liberty City Trust shall be responsible for implementing and managing all of its grants. Any and all other contributions and financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall require city commission approval; (6) Implement full and active participation and cooperation with public and private entities in furtherance of the Liberty City Trust's purpose to oversee and facilitate the revitalization of the area to improve the quality of life for residents of this neighborhood; (7) Participate in any other fundraising activity, whether solely involving the Liberty City Trust or involving partnerships with other persons or public or private organizations, which furthers the Liberty City Trust's purpose, with the approval of the city commission; and (8) In addition to complying with subsection 18-85(h) of the City Code, the Liberty City Trust shall contract and be contracted with, for administrative purposes only, not to exceed $5,000.00 per item, goods, services, and/or anything of value in one transaction or multiple transactions concerning the same subject matter. Any and all contracts above $5,000.00 shall require city commission approval. (9) To sue and be sued, plead and implead. (10) Facilitate the creation, guidelines, operations, activities, improvements, and monitoring of the grant program in the District 5 Grant Program Area in cooperation with the office of grants administration and any other city department that the trust determines would be best able to assist with establishing best practices for the grant program in the District 5 Grant Program Area. The Liberty City Trust shall contact the office of grants administration and the city department of housing and economic development for assistance in grant program funding planning, grant application form creation, applications reviews, grant awards implementation and funding, grant project management, completion, and monitoring financial and budgetary compliance with city guidelines. All grant funding applications shall be submitted to the office of grants administration for joint review by the Liberty City Trust and the office of grants administration, and will subsequently be forwarded to the executive director of the Liberty City Trust and the director of grants administration for joint approval, and final signatures by both. The Liberty City Trust shall be responsible for implementing and managing all of its grant awards and the improvement projects for all owner recipients for owner -occupied dwellings under the grant program. After the receipt by the trust of all of the required contributions pursuant to Ordinance No. 13758, any and all other contributions and financial support for the Grant Program in the District 5 Program Area from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall require city commission approval; (11) Notwithstanding any provisions to the contrary, the Liberty City Trust shall exercise only such powers as are expressly granted pursuant to this division. (Ord. No. 12859, § 4, 10-12-06; Ord. No. 13859, § 2, 9-12-19) Sec. 12.5-29. - Scope. (a) The Liberty City Trust may review and evaluate issues related to the major development of real property in the area and may provide recommendations and advice to the city commission concerning those issues and only such other matters as are referred to it by the city commission in regard to real property in the area. The city commission shall not be bound by any recommendation or advice received from the Liberty City Trust. The Liberty City Trust is expected to be aware of city policies concerning the major development of real property in the area and coordinate its endeavors with city departments, committees and boards which will be affected by the Liberty City Trust's recommendations and advice. (b) The Liberty City Trust may be informed of issues concerning the major development of real property in the area for its input and advice at the conceptual planning stage for such development, "major development" shall be defined as such activities that require public notice and hearings pursuant to the city Charter and Code and shall not encompass minor changes, renovations and/or alterations to any existing real property in the area. Nothing herein is intended to interfere or conflict with any existing provisions in the city Charter and Code setting forth procedures concerning the development of real property. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-30. - Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Governing body -composition and appointments. The Liberty City Trust shall consist of five voting members and one youth, non -voting member. The voting members shall consist of individuals from professional disciplines. Four of the voting members shall be appointed by the district five commissioner and one to be appointed by the city manager and confirmed by the city commission, as hereinafter set forth. The one youth, non -voting member shall be appointed by the members of the Liberty City Trust, and confirmed by the city commission, as hereinafter set forth. (b) Terms of office and vacancies. Four voting members and one youth, non -voting member shall be appointed by the district five commissioner for a term of two years or until the nominating commissioner leaves office, whichever occurs first. One voting member shall be appointed by the city manager for a term of one year or until the city manager leaves office, whichever occurs first. The district five commissioner shall appoint an individual to fill a vacancy due to the death, resignation or removal of his or her appointees to the Liberty City Trust, which person shall serve only for the remainder of the unexpired term. The city manager shall appoint an individual to fill a vacancy due to the death, resignation or removal of his or her appointee to the Liberty City Trust, which person shall serve only for the remainder of the unexpired term. No member shall serve more than four consecutive years on the Liberty City Trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (c) Membership qualifications. (1) The Liberty City Trust voting members shall be 18 years of age or older and broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas, residential construction, development, architecture and engineering, planning, zoning and land use law, economic development, historic preservation and restoration, administration, fiscal management, and community involvement. (2) The Liberty City Trust youth, non -voting member shall be no less than 15 and no more than 18 years of age. (3) Each member of the Liberty City Trust shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community, have a demonstrated interest in the revitalization of the area and the vision of the Liberty City Trust, and is expected to participate actively in the functioning of the Liberty City Trust. (4) No member of the Liberty City Trust shall become a candidate for elective political office during his or her term. Should any member of the Liberty City Trust qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the Liberty City Trust. (e) Procedure for appointment of members. (1) No appointment shall be made until notice has been given in a newspaper of general circulation in the city of the appointments to be made to the Liberty City Trust at least 30 days prior to the making of an appointment, and shall have solicited and encouraged the public and professional or citizen organizations within the area having interest in and knowledge of the area to submit names of persons and their qualifications for consideration as prospective appointees of the Liberty City Trust. At least ten days prior to the making of any appointment, the appointing party shall cause the city clerk to have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching a decision on appointments, the appointing party shall give due consideration to the names submitted. (2) In addition, the appointing party shall, at least ten days prior to the making of any appointment, direct the city clerk to have available to the public, and shall publicly announce that the names of prospective appointees a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership on the Liberty City Trust whose name and qualifications have not been made publicly available in the manner set out. (f) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Liberty City Trust shall assume the duties of a member of the Liberty City Trust, but before doing so, shall take an oath or affirmation, to be filed and kept in the office of the city clerk, that he or she will support, protect and defend the constitution and laws of the United States of America and of the state. (g) Officers. The voting members of the Liberty City Trust shall elect from its voting members a chairperson and vice -chairperson, and designate a secretary and such other officers deemed necessary. The chairperson of the Liberty City Trust shall have the power to appoint all members serving on the various committees which the Liberty City Trust shall establish from time to time. (h) Quorum and voting. At all meetings of the Liberty City Trust, a majority of the then appointed voting members shall constitute a quorum for the transaction of business, and each voting member shall have one vote on every issue submitted to a vote of the Liberty City Trust. The act of a majority of the voting members present at a meeting at which a quorum is present shall be the act of the Liberty City Trust. The voting members of the Liberty City Trust shall make and adopt bylaws and rules and regulations for the Liberty City Trust's governance and for the operation and management of the revitalization initiative. (i) Meetings. The Liberty City Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. At least one of the meetings of the Liberty City Trust per year shall be held in the area. All meetings of the Liberty City Trust shall be public. Recorded minutes of the proceedings of all actions taken at the meeting of the Liberty City Trust shall be maintained by the Liberty City Trust and shall be promptly and properly recorded and submitted to the city clerk. The city clerk shall transcribe the recorded minutes of the meetings of the Liberty City Trust and provide a copy of the transcribed minutes to the president/chief executive officer of the Liberty City Trust. (j) Attendance requirements. A member shall be automatically removed if: (1) Ina given calendar year he or she is absent from three consecutive meetings, or (2) He or she is absent from four properly noticed meetings within an eight -month period without an excused absence. (k) Insurance. The Liberty City Trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. (Ord. No. 12859, § 4, 10-12-06; Ord. No. 12887, § 1, 2-8-07) Sec. 12.5-31. - President/chief executive officer; appointment, term, qualifications, compensation, general powers and responsibilities. At its inception, the president/chief executive officer of the Model City Trust, approved by the city commission on June 22, 2006, shall serve as the president/chief executive officer of the Liberty City Trust, commencing from the date of the final approval of this division. Each successor president/chief executive officer shall be appointed by the Liberty City Trust and approved by the city commission, and receive such salary and benefits as shall be fixed by the Liberty City Trust, and approved by the city commission. The Liberty City Trust shall have the option of appointing a president/chief executive officer who is not affiliated with the city or they may appoint, with the written approval of the city manager, a city employee who is assigned by the city to the Liberty City Trust for the purpose of managing the revitalization initiative. After the hiring of the president/chief executive officer, the Liberty City Trust shall submit monthly quarterly status reports on the Liberty City Trust's operations and expenses to the city commission. The president/chief executive officer shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no Liberty City Trust member shall be eligible for appointment as president/chief executive officer. The president/chief executive officer shall receive such salary as shall be fixed by the Liberty City Trust, and approved by the city commission. The president/chief executive officer shall take an oath before assuming any duties. The president/chief executive officer shall act as the chief executive officer of the Liberty City Trust. Subject to the policy directives of the Liberty City Trust, the president/chief executive officer shall have general supervision over and be responsible for the management and operation of all Liberty City Trust activities, and facilities. The president/chief executive officer shall execute all contracts on behalf of the Liberty City Trust after approval by the Liberty City Trust. The president/chief executive officer shall attend all meetings of the Liberty City Trust, shall furnish the Liberty City Trust a quarterly report with respect to the management and operation of the revitalization initiative, and the financial condition of the Liberty City Trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the revitalization initiative to the Liberty City Trust as may be required by the Liberty City Trust or the city. In the absence or disability of the president/chief executive officer or if no president/chief executive officer is currently employed by the Liberty City Trust, the Liberty City Trust may designate a qualified person as interim president/chief executive officer on a part-time temporary basis for a period of time less than six months, subject to city commission approval. The president/chief executive officer may be removed at any time by the liberty city trust or the city commission in their sole discretion and without notice. If the president/chief executive officer is removed, the city manager is hereby authorized to execute contracts and other documents on behalf of the Liberty City Trust until such time that a president/chief executive officer or an interim president/chief executive officer is appointed by the Liberty City Trust, and approved by the city commission. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-32. - Employment of assistants. Subject to the policy directives of the Liberty City Trust and budget limitations, the president/chief executive officer may employ such assistants as are necessary to provide for the efficient operation of the Liberty City Trust. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-33. - Compliance with federal, state and local laws. The Liberty City Trust shall comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as may be amended from time to time. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-34. - Counsel. The city attorney's office shall provide legal counsel to the Liberty City Trust as may be necessary and requested by the Liberty City Trust. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-35. - Transfer of assets. Any and all personal property under the control of the Model City Trust, shall transfer, upon the creation of the Liberty City Trust, to the Liberty City Trust. Any and all real property under the control of the Model City Trust shall transfer, upon the creation of the Liberty City Trust, to the city. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-36. -Approval of budget. (a) Effective immediately, the Liberty City Trust shall establish a fiscal year which coincides with that of the city. The Liberty City Trust shall submit to the city commission a budget, in a form acceptable to the city manager, and no later than April 1 preceding the commencement of each fiscal year. Nothing contained herein shall be construed to prohibit the Liberty City Trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the Liberty City Trust budget for that year and all expenditure shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the Liberty City Trust shall submit an annual master plan reflecting the proposed operations, activities, and improvements of the revitalization initiative for the forthcoming fiscal year in accordance with the Liberty City Trust's purposes, powers, and duties as outlined in section 12.5-28 above. Nothing contained herein shall be construed to prohibit the Liberty City Trust from submitting a supplemental annual master plan to the commission for approval. The city commission may review and deny any item contained in the annual master plan and in any supplemental annual master plan within 30 days from the date of its submission by the Liberty City Trust. (d) No provision contained in this division shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500-18-503. (Ord. No. 12859, § 4, 10-12-06; Ord. No. 13859, § 2, 9-12-19) Sec. 12.5-37. - Annual report and audit. (a) The Liberty City Trust shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) The city commission and/or the city manager shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the trust at any time. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-38. - Sunset review of trust. Notwithstanding the provisions contained in section 2-892, the trust shall be initially reviewed in 2010. Thereafter the trust shall be reviewed every four years. (Ord. No. 12859, § 4, 10-12-06) Sec. 12.5-39. - Abolishment of the Liberty City Trust. The city commission may, by an affirmative vote of three commissioners, abolish the Liberty City Trust, at which time the powers and duties of the Liberty City Trust shall revert to the city and the city shall resume responsibility for the revitalization initiative. (Ord. No. 12859, § 4, 10-12-06)