HomeMy WebLinkAboutSEOPW-CRA-M-98-0036J -98 -1144
11/10/98
1:30 P.M.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XI,
ENTITLED "ADMINISTRATION /BOARDS, COMMITTEES,
COMMISSIONS," AND CHAPTER 14, ARTICLE V,
ENTITLED "DOWNTOWN DEVELOPMENT /SOUTHEAST
OVERTOWN /PARK WEST REDEVELOPMENT DISTRICT AND
COMMUNITY REDEVELOPMENT AGENCY ", THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
ESTABLISH THE INDEPENDENT COMMUNITY
REDEVELOPMENT .AGENCY . POLICY, PROGRAM AND
PROCEDURES REVIEW COMMITTEE; TO SET FORTH
SAID COMMITTEE'S PURPOSE, POWERS, AND DUTIES;
TO PROVIDE FOR TERMS OF OFFICE, OFFICERS,
MEETINGS, QUORUMS, REQUIREMENTS FOR
MEMBERSHIP ATTENDANCE, AND FILLING OF
VAfCIES, AND TO PROVIDE FOR THE "SUNSET"
REVIEW OF SAID COMMITTEE EVERY FOUR YEARS;
MORE PARTICULARLY BY ADDING NEW
SECTIONS 14 -300 THROUGH 14 -304, AND AMENDING
SECTION 2 -892 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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WHEREAS pursuant to applicable law, the Community
Redevelopment Agency ( "CRA ") is an independent agency established
for the purpose of affording maximum opportunity consistent with
the sound needs of the City of Miami to rehabilitate and
redevelop community redevelopment areas; and
WHEREAS the City of Miami provides federal Community
Development Block Grant funds, Home Investment Partnership
grants, and other eligible funds for the support of the
activities of the CRA related to the removal of slum and blight
and other activities as authorized by Florida Statute; and
WHEREAS it is essential that the policies, programs and
procedures of the CRA are performed consistent with regulations
and applicable requirements as set forth in the agreement between
the CRA and the City of Miami, and all other CRA funding
partners; and
WHEREAS the City Commission of the City of Miami desires
that the activities of the CRA are evaluated in an independent
manner and that the City Commission and all other interested
parties are informed of such evaluation; and
WHEREAS, pursuant to Resolution No. 98 -1071, adopted
October 27, 1998, the City Commission directed the City Attorney
to draft an ordinance to establish an independent body, formed
expressly for the purpose of evaluating the activities and
effectiveness of the CRA and the Department of Community
Development and reporting its recommendations as to policies,
procedures and programs to the City Commission;
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SEOPW/ RA 9 8 - 36
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 2 /Article XI /Section 2 -892, entitled
"ADMINISTRATION /BOARDS, COMMITTEES, COMMISSIONS / "Sunset" review
of boards. ", is hereby amended in the following particulars:
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
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"Chapter 2
ADMINISTRATION
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DIVISION 1. GENERALLY
Words and /or figures stricken through shall be deleted. Underscored
words and /or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
SEOP 98- 3 6
Sec. 2 -892. "Sunset" review of boards.
Commencing with the year 1995, each city board
shall be reviewed in the following manner:
(4) The following boards shall initially be reviewed
in the following years and shall be reviewed every
four years thereafter:
d. 1998:
* * * *
11_ Independent Community Redevelopment Agency
Poli Program and Procedures rnmmi tree_ "
Section 3. Chapter 14 /Article V, entitled "DOWNTOWN
DEVELOPMENT /SOUTHEAST OVERTOWN /PARK WEST REDEVELOPMENT DISTRICT
AND COMMUNITY REDEVELOPMENT AGENCY, is hereby amended by adding
new Division 3, consisting of Sections 14 -300 through 14 -304, to
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the Code of the City of Miami, Florida, as amended, in the
following particulars :
pn7 i ray P
Revi Pw Comm; t _
Ibid.
Sec_ 1 -300_ a blish d_
"Chapter 14
DOWNTOWN DEVELOPMENT
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ARTICLE V. SOUTHEAST OVERTOWN /PARK WEST
REDEVELOPMENT DISTRICT AND COMMUNITY
REDEVELOPMENT AGENCY
* * *
DTVTSTON 3_ TEMP,' TNI PF.Nl2RNT COMMUNTTY
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There is hereby established a limited agency and
instrumentality of the rtt to he known as the
"Tnrepenr1ept C'nmmilni -y RPrIeve7opmen - Agency
.• .►l _,• • • -.
shat l be 1lerei nafter referred to as the "Tnr7pppndent
*
( " CRA ►► )
SEOPW /CRA 98 - 36
,S 2 -301_ Purpose, powers and duties
The purpose, powers and duties of the Tndepencient
CRA Policy' Program anti Procedures res Review Committee are.
Ji) To serve in an advisory rapacity to the c-i ty
Commission, the Southeast Overtown /Park West
12) To review the activities of, establish
benchmarks, and advise the City Commission on
1-he activities and effectiveness of the CRA
and the Department of Community Development.
{ "CD "), particularly as it relates to the
Utilization and management controls of time
Redevelopment
TZi stri rt, the Omni
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.• •• .I•
Development ( "TT_ S _
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•.
HUD") Community
Development R1ork Grant funds, Home
Investment Partnership Program funds, and all
cth r so �r s of d ral , state, local,, an
private funds received puursuant. to Community
Development activities_
sEOPw /cam, 98 - 3 6
quarterly on the status and effectiveness of
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correspondence, r co tinny and
directives pursuant to the City of Miami's
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Miami_'s r sponge at ,dits nn b half of CD, an
all subsequent di rerr i on from MS_ RTTr)
guidance and the city commission;
(4) To make recommendations to the City
Commission annually as to policies, programs,
iand_prsaaedures_specjiicaj 1 y r 1 ate O h
budget and appropriations of the C''RA;
19) To evaluate the level of support by the city
with the city
)f h A and valuator h A's in eractjpn
(6) To provide notification of al 1_arti ons by the
Independent Review Committee to the Overtowri
Advisory Board, the Omni Advisory Board, the
CPA, and the Downtown Development Authority;
(7) T p_ conduct a h0 nugh review of he A in
th
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SEOPW /CRA►
98-
plan (as set forth in applicable city code
sections), and making recommendations
consistent with sunset provisions no later
tha* the end of the third quarter of the
fourth year_
(8) To conduct an analysis audit of the funds
federally allo_a eC� ( dera1 state and
local) designated community development
targfpt, areas_ Said analysis audit shall
include a history of h funds allo.a d o
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Consistency with the federal government
formula allocation of community development
funds to the Miami, Florida Entitlement Area_
(9) To review all grantees of the ('n, including,
•
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Community Development Block (;rants ( "rnli ") ,
Housing Opportunities for Persons with AIDS
( "HOPWA "), Home Tnvestment Partnersilp
program ( "HOME "), and all ()tier federal,
;state, and local funds allocated by rn for
Distribution and /or allocation_
of i va an _i es; offi r 111 s of
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SEOPW /CEO 9 - 3 6
procedure; meetings Tinrum
,requirements
Ja) Membership. The Tndepenclent CRA Policy
program and procedures Review Committee shall consist
of nine (9) members , who sha 1 1 s rve wi t-ho„t
rompensati
manner:
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• . (1- - • • . • - •
•
(1) Two members shall he appointed by the
mayor, one of whom shall s rve as
chairperson of the Independent Review
Committee and shall have expertise in
• • _ • •
one of whom shall he selected from 4
li st of nam s s uhmi t-terl by th Oy rtow
Advisory Board;
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12) Two members shall he appointed at -largq
OHM
• • • . • •
attendance
13_) Five me hers, wi t-h a h ommi ssi nner
nominating one individual, selected from
a l i s of names s uhmi tt by the
Downtown Devel opmext Authority and tUe
Omni Advisory Board.
sEoPw /cRA 9 S - 3 6
Qualiftrationg_
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shall eit
business aratElca,
effPcrPd cnmmuniLyxedeielopmentaraasxithinLhe
Spheres n
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except for the member appointed as chairperson by the
mayor.. Each member shall have an outstanding
reputation for community pride, interest, integrity,
responsibjlity, and business and professional ability_
•ointments shall he made with consideration for
gender andethair.balance-Theindimidualsselerted
from iists proffered by the Downtown Development
Au thority _andthe(ImniAclaisse
expert s e indemelopment.,reaLeatat2„.arehitectare
and accounting (licensed certified public_accountant).
(r) TPrMS of offire. Rarh memher Rha77 q7 a
term of four years, or until the nominating
commissioner leaves office, whichever occurs first_
A11members shall continue to serve until their
surcessors have been appointed and qualified
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(d) Vacanci PG _
Any vacancy occurring during
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term in the same manner as the original appointment
1 P) Of f i c r C Th members o h Tnd penr�an't
RPVIPW Com[nittPP shall select from its members a vice-
cliairparsaa„sac and such other officers as may
he deemed necessary, who shall GPrVP at the pleasure of
the Independent Review Committee. No officer shall
serve more than two years in office The vice-
chairperson shall serve as chairperson in the absence
of the chairperson
(f) R of prorethire_ The Independent Review
Committee may adopt it s own order of business and rules
of parliamentary procedure governing its meetings, and
actions oti matters within its jurisdiction, not
inconsistent with the provisions set forth herein,
which rules of procedure shall he filed with the city
clerk_ Copies of minutes of all Tndependent Review
Committee meetings shall he furnished to the mayor,
commissioners and the city manager_
(a) Meetings; quorum A11 meetings of h
Independent Review Commi tae shall be open to th
public
A majority of h Tnd pendent Rev Committee
Members present shall constitute a quorum for the
SEOPW /R, 9 8 _
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of not less than fifty percent (SOW) of the members
present and voting at any meeting is required for aiy
action to hetakenbythemmbers_
(h) Attendance requirements_ The provisions set
forth in section 2-886 of this article shall apply to
all members of the Tndependent CRA Policy, Program and
Procedures Review Committee.
Spc 14-303 Legal counsel and assignment of staff
(1) It shall be the duty of the city attorney to
provide legal counsel to the Tndependent
Review Committee
(2) Tt shall he the duty of the city manager to
provide sufficient administrative support to
the_aildependentaeldeaSOKEittae„—WhiChahall
include the services of an individual to keep
of meetings, maintain Independent
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Lynci i on s
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SEOPW/CR4) 8 — 36
.13)
Tt shall he t duty of the city clerk to
rnmply with applicable laws related to public
notice and recordation of meetings
Sec. 14 -104_ Financial responsibilities
Community Development Block @rant funds sia 1 1
provide all rpcjui red funding for the payment of all
eligible expenses of the Tndppendent Review Committee's
activities, including, but not limited to, all costs
related to_ xternal a _ .o �nti and a �di ts, and
personnel _ "
Section 4. All ordinances or parts of ordinances or
resolutions insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 6. The provisions set forth in this Ordinance
shall take effect as of June 1, 1999.
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Section 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1998.
ATTEST:
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1998.
WALTER J. FOEMAN, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W638 -1:BSS
3./
JOE CAROLLO, MAYOR.
This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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sEOPw /CRA 98 - 36