HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 24. - MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD
Sec. 2-1338. - Established; sunset date.
There is hereby established for a period of ten years a city board to be known as the "Miami Forever Bond Program
Citizens' Oversight Board," which shall hereinafter be referred to as the "board".
(Ord. No. 13752, § 3, 3-22-18)
Sec. 2-1339. - Purpose, powers, and duties.
(a) The purpose, powers, and duties of the board are:
(1) To serve in an advisory capacity to the mayor, city commission, and city administration related to the
monitoring of the expenditure of bond proceeds derived from the issuance of the general obligation
bonds approved by the electorate on November 7, 2017 for capital projects to reduce flooding risks;
improve stormwater infrastructure; enhance public safety; and improve affordable housing, economic
development, parks, cultural facilities, streets, and infrastructure, commonly referred to as the "Miami
Forever Bond" ("bond");
(2) To review and report to the mayor, city commission, and city administration on the proper and efficient
use of all bond proceeds and request that vendors, contractors, consulting project managers, and any
other entity or person receiving bond funding to appear before the board to answer questions regarding
the status of such funded projects; and
(3) To review quarterly expenditure reports produced by the city to ensure that bond proceeds are
expended on time, on schedule, and only for the purposes set forth in the ballot measure.
(b) The establishment of priorities, determinations of specific projects to be financed and constructed, and order
of financing and construction for all projects shall be made by the city commission in its sole discretion.
(Ord. No. 13752, § 3, 3-22-18)
Sec. 2-1340. - Membership; qualifications; terms of office and vacancies; officers.
(a) Membership. The board shall consist of seven voting members who shall serve without compensation or
benefits, shall be confirmed by the city commission, and shall be composed as follows:
(1) One regular member nominated by the mayor;
(2) One regular member nominated by each of the five commissioners for a total of five regular members;
and
(3) One at -large member nominated by each of the five commissioners for a one-year term, with
nominations in rotating years in the following order: district 1, district 5, district 2, district 4, district 3.
Thereafter, all members shall be appointed in the same order as above first established by appointments
from commissioner districts.
(b) Qualifications.
(1) All members shall be permanent residents of the city and shall have good reputations for integrity and
community service. In addition, all board members should have demonstrated an interest in the field,
activity, or sphere covered by the board. All members shall also comply with the provisions of subsections
2-884(b), (c), (d), and (e) of this article.
(2) All members shall be qualified and distinguished by their education; experience; community advocacy or
involvement; or attainments in public or private finance, professional engineering, project management,
affordable housing, or resiliency and sustainability.
(3) No member shall have a conflict of interest with any project, vendor, contractor, consultant, or other
entity or person receiving funding from the proceeds of the bond issuance or interest derived therefrom.
(c) Terms of office and vacancies. The provisions set forth in section 2-885 of this article shall apply to all
members of the board except that the terms of office for each regular member of the board shall be two
years, unless appointed pursuant to subsection (a)(3), with the terms of office for said at -large member being
one year. There shall be no limitation on the number of consecutive years served.
(d) Officers. The mayor shall designate the chairperson of the board. The board shall elect from its members a
vice -chairperson and such other officers as may be deemed necessary who shall serve at the pleasure of the
board. No chairperson shall serve more than two years. The vice -chairperson shall serve as chairperson in
the absence of the chairperson.
(Ord. No. 13752, § 3, 3-22-18)
Sec. 2-1341. - Meetings; quorum; attendance requirements; parliamentary authority; rules of procedure.
(a) Meetings; quorum. All meetings of the board shall be open to the public. A majority of the board's appointed
and qualified members at such time shall constitute a quorum for the purpose of convening any meeting. An
affirmative vote of not less than 50 percent plus one of the members present and voting at any meeting is
required for any action to be taken by the members. The board shall hold regular quarterly meetings and
may hold such other meetings as it deems necessary.
(b) Attendance requirement. The provisions set forth in section 2-886 of this article shall apply to all members of
the board.
(c) Parliamentary authority, rules ofprocedure. The board shall use Roberts Rules of Order (current edition) as
its parliamentary authority or may adopt its own order of business and rules of procedure governing its
meetings and actions on matters within its jurisdiction not inconsistent with the provisions set forth herein,
which rules of procedure shall be filed with the city clerk. Copies of minutes of all board meetings shall be
furnished to the mayor, commissioners, and city manager.
(Ord. No. 13752, § 3, 3-22-18)
Sec. 2-1342. - Assignment of staff.
(a) It shall be the duty of the city manager to provide full cooperation and sufficient personnel for necessary
administrative support to the board including assignment of an individual to act as a liaison and secretary to
the board as well as the assignment of individuals from city departments and offices, as may be necessary, to
advise the board about ongoing and pending projects. It shall be the duty of the board liaison to keep
minutes or cause said minutes to be taken at all meetings, maintain committee correspondence, post
meeting notices with the city clerk, file reports, and perform all other necessary support functions.
(b) The city attorney shall serve as legal counsel to the board.
(Ord. No. 13752, § 3, 3-22-18)
Sec. 2-1343. - Annual reports.
The provisions set forth in section 2-890 of this article shall apply related to the submittal of annual reports.
(Ord. No. 13752, § 3, 3-22-18)
Sec. 2-1344. - Sunset provision.
The board shall not be subject to the provisions of section 2-892 of this article; however, the board shall sunset ten
years after it is established.
(Ord. No. 13752, § 3, 3-22-18)
Secs. 2-1345-2-1349. - Reserved.
City of Miami
Ordinance 14074
al111 II li.RR I +
Legislation
File Number: 11429
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/23/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2/SECTION 2-887 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS
FOR CREATION AND REVIEW OF BOARDS GENERALLY/QUORUM
REQUIREMENTS; EXCEPTIONS," MORE PARTICULARLY BY INCLUDING
THE MIAMI ARTS AND ENTERTAINMENT COUNCIL ("MAEC") ON THE LIST
IN SECTION 2-887(B) OF CITY BOARDS SUBJECT TO QUORUM
REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE CITY CODE;
FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 10/SECTION 2-
1141 OF THE CITY CODE TITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT
COUNCIL/PURPOSE, POWERS AND DUTIES," MORE PARTICULARLY BY
ADDING TO SECTION 2-1141(4) THE AUTHORITY TO EXPEND FUNDS IN
FURTHERANCE THEREOF AND DELETING FROM SECTION 2-1141(7) THE
501(C)(3) CORPORATION PROVISION AND PROVIDING AUTHORITY FOR
THE SOLICITATION AND ACCEPTANCE OF FINANCIAL AND NON—
FINANCIAL SUPPORT; FURTHER AMENDING SECTION 2-1143 OF THE CITY
CODE TITLED "MEETINGS; QUORUM AND VOTING; ATTENDANCE
REQUIREMENTS; PARLIAMENTARY AUTHORITY, RULES OF PROCEDURE;
MINUTES; ASSIGNMENT OF STAFF; LEGAL COUNSEL; AND NOTICES AND
FILING OF RECORDS," MORE PARTICULARLY BY AMENDING THE MAEC'S
QUORUM AND VOTING REQUIREMENTS DETAILED IN SECTION 2-1143(B);
FURTHER CREATING A NEW SECTION 2-1144 OF THE CITY CODE FOR
THE MAEC TITLED "BUDGET AND FINANCE"; ESTABLISHING A SPECIAL
REVENUE FUND ACCOUNT LINE TITLED "CITY OF MIAMI ARTS AND
ENTERTAINMENT COUNCIL"; AUTHORIZING THE CITY MANAGER AND THE
NECESSARY CITY DEPARTMENTS TO CREATE THE NECESSARY
BUDGETING AND ACCOUNTING STRUCTURES TO ACCOUNT FOR THE
MAEC'S FUNDS IN ACCORDANCE WITH THE GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES; FURTHER DELETING OBSOLETE
REFERENCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2, Article XI, Division 10 of the Code of the City of Miami, Florida,
as amended ("City Code"), provides for the creation and review of the City of Miami ("City") Arts
and Entertainment Council ("MAEC"); and
WHEREAS, from time to time the MAEC has had issues with attendance which effects
the MAEC's ability to establish quorum and conduct its necessary business; and
City of Miami Page 1 of 5 File ID: 11429 (Revision:) Printed On: 7/6/2022
File ID: 11429
Enactment Number: 14074
WHEREAS, Chapter 2, Article XI, Division 2 of the City Code provides for the creation
and review of the City's boards generally; and
WHEREAS, a change to the MAEC's quorum requires an amendment to Section 2-887
of the City Code to include the MAEC on the list of City boards subject to quorum requirements
provided for elsewhere in the City Code; and
WHEREAS, the MAEC desires to amend Section 2-1143(b) of the City Code to allow
three (3) members present at a meeting to constitute a quorum for the purpose of convening the
meeting and to allow a majority of those present and voting to be required for any action to be
taken; and
WHEREAS, the MAEC desires to amend Section 2-1141(4) of the City Code to include
the authority to expend funds in furtherance thereof; and
WHEREAS, Section 2-1141(7) of the City Code references the MAEC's maintenance of
a separate, non-profit 501(c)(3) corporation for the purpose of seeking funding from outside
sources to support major arts and entertainment special events; and
WHEREAS, to date, the MAEC has not established a 501(c)(3) corporation; and
WHEREAS, the MAEC desires to amend Section 2-1141(7) of the City Code to delete
the provision regarding a 501(c)(3) corporation and provide authority for the solicitation and
acceptance of financial and non -financial support; and
WHEREAS, the MAEC has received funding in a total amount estimated to be Sixteen
Thousand Ninety Dollars and Thirty -Seven Cents ($16,090.37) for the above -stated purposes
and desires to transfer said funds and any additional funds received by the MAEC to a separate
special revenue fund account line to be created and maintained by the City; and
WHEREAS, the MAEC desires to create a new Section 2-1144 of the City Code titled
"Budget and finance" to provide for a Special Revenue Fund Account Line titled "City of Miami
Arts and Entertainment Council", and to have the City Commission approve MAEC's annual
budgets and supplements thereto, and for the City Manager to designate the MAEC to expend
funds from this account line consistent with its purpose, powers, duties, and City Commission
approvals;
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
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the City Code is hereby amended as follows:'
"CHAPTER 2
ADMINISTRATION
1 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.
City of Miami Page 2 of 5 File ID: 11429 (Revision:) Printed on: 7/6/2022
File ID: 11429
Enactment Number: 14074
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-887. Quorum requirements; exceptions.
(b) The following boards are subject to quorum requirements as provided for elsewhere
in this Code.
Audit Advisory Committee
Bayfront Park Management Trust
Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's Council on Global Competitiveness
Miami Arts and Entertainment Council
Miami Technology Council
Miami Commission on the Status of Women
Miami Forever Bond Program Citizens' Oversight Board
Parks and Recreation Advisory Board
Urban Development Review Board"
DIVISION 10. CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL
Sec. 2-1141. Purpose, powers and duties.
The purpose, powers and duties of the council are:
City of Miami Page 3 of 5 File ID: 11429 (Revision:) Printed on: 7/6/2022
File ID: 11429 Enactment Number: 14074
(4) To coordinate and originate cultural and entertainment activities within the city, and to
approve the expenditure of funds in furtherance thereof;
(5) To qualify community events as being officially recognized;
(6) To advocate, seek and encourage public participation in all cultural, fine arts and
entertainment events;
(7) To a-ssepararte, nnn_Prnfit 501 (G)(3) nnrperatiGR fnr the P 1FPese of seeki 4`r
solicit and
accept grants, contributions and financial and non -financial support from individuals, private
business interests. the aeneral Dublic. aovernmental entities. coraorations and oraanizations.
foundations and other philanthropic entities
Sec. 2-1143. Meetings; quorum and voting; attendance requirements; parliamentary authority;
rules of procedure; minutes; assignment of staff; legal counsel; and notices and filing of records.
(b) Quorum and voting. The pi:evisieps set Earth Op sertieN ''�rt#is-artis'e 5; h a R
apply to all MeetiRgS of the Three (3) members present shall constitute a quorum for
the purpose of convening a meeting. A majority of those present and voting is required for any
action to be taken by the members.
Sec. 2-1144. [?ester ed-Budaet and finance
(a) Effective immediately, the Council shall establish a fiscal year which coincides with
that of the City. The Council shall submit to the City Commission a budget, in a form acceptable
to the City Manager as soon as possible for the fiscal year beginning October 1, 2021, and no
later than April 1 for fiscal years after 2021-2022, preceding the commencement of each
subsequent fiscal year. Nothing contained herein shall be construed to prohibit the Council from
submitting a supplemental budget to the Commission for approval. All funds not expended
within a particular fiscal year shall rollover to the next fiscal year.
(b) No expenditure shall be made in any given year without approval by the City
Commission of the Council's budget and any supplemental budget thereto for that year and all
expenditures shall comply with City procedures for acquisition of goods and services pursuant
to the City Code.
(c) In conjunction with the submission of the budget, the Council shall submit an annual
master plan reflecting the proposed operations and activities for the forthcoming fiscal year in
accordance with the Council's purposes, powers, and duties as outlined in Section 2-1141
above. Nothing contained herein shall be construed to prohibit the Council from submitting a
supplemental annual master plan to the City Commission for approval. The City Commission
may review and deny any item contained in the annual master plan and in any supplemental
annual master Dlan within thirtv (30) days from the date of its submission by the Council.
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File ID: 11429
Enactment Number: 14074
(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.
(e) There is hereby established a Special Revenue Fund Account Line titled "City of
Miami Arts and Entertainment Council" to be maintained and administered by the City.
Section 1145. Reserved."
Section 3. The City Manager and the necessary City Departments are authorized to
establish a Special Revenue Fund Account Line titled "City of Miami Arts and Entertainment
Council" and to create the necessary budgeting and accounting structures to account for the
MAEC's funds in accordance with the Generally Accepted Accounting Principles.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
ait6 ria o nde� z�Cit'y ttor ey 5/17/2022 Urla ndeez�CityAAttorey 5/17I2022
2 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
3 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami Page 5 of 5 File ID: 11429 (Revision:) Printed on: 7/6/2022