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Home My WebLink AboutO-14114City of Miami ` Ordinance 14114 Legislation File Number: 12497 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/13/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "VIRGINIA KEY BEACH PARK TRUST," BY AMENDING SECTION 38-233, TITLED "GOVERNING BODY: COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY REQUIREMENTS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION," TO ESTABLISH AND APPOINT THE DISTRICT 5 COMMISSIONER AS CHAIR EX OFFICIO, ALONG WITH OTHER MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, the Virginia Key Beach Park Trust ("Trust") is a limited agency and instrumentality of the City of Miami ("City") guided by its vision to preserve the Historic Virginia Key Beach Park ("Park") in a manner consistent with the environmental health, public use, historical importance of the park and the aspirations of the African American community; and WHEREAS, the Trust would greatly benefit from the appointment of its board members by the City Commission and D5 Commissioner to the Trust's governing body; and WHEREAS, Section 38-233 of the Code of the City of Miami, Florida, as amended ("City Code") sets forth the composition, term, and other requirements of the Trust's governing body; and WHEREAS, it is in the best interest of the City to amend the City Code to allow for the appointment to the Trust's governing body by the City Commission and the D5 Commissioner; 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 38/Article VI of the City Code is amended in the following particulars:' "CHAPTER 38 PARKS AND RECREATION ' 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 1 of 4 File ID: 12497 (Revision: A) Printed On: 1012712022 File ID: 12497 Enactment Number: 14114 ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST Sec. 38-233. Governing body: composition and appointments; terms of office and vacancies; membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Composition and appointments. The trust shall consist of 449 seven (!@7) members comprised as follows: / QRe (1) member appointed by the ma yer; ( The five (5) Members of the City Commission shall serve as board members ex officio. (2) Two (2) members appointed by the remit„ ('nmmiccinn With ea`+h District 5 Commissioner (3) The District 5 Commissioner shall be the Chair of the Trust. {} (4) The trust members shall broadly reflent the r-!i„ercity of the nnmmi inity and chore te`+hnv+al 'prnfeccinnal evpertice nr eVperlentlal kRewledge and interact in \ethe fnllnnngareac- nati lral anr7 en�iirnnmental cniennec hic4nrin preceFyatinn anr7 rectnratlnn hlctGF y of the Old GG ant y Dark nn Virginia Key, arnhitenti Ire anrJ renreatinn anr-1 ni at, iral enr-Jeavnrc pi iI " relatinnc apci marketing and perk management and pregramc, be committed to its vision to preserve the Historic Virginia Key Beach Park (the "park") property in a manner consistent with the environmental health, public use, historical importance of the park and the aspirations of the African American community and shall propose policy, planning, and design to ensure maximum community utilization, enjoyment, and maintenance of the park as an open greenspace compatible with its historical and recreational characteristics and accessible to the public. The trust shall endeavor to promote activities and functions at the park consistent with this purpose and with the nature of the park. (b) Terms of office and vacancies. Each member shall be the City Commissioners themselves and, the D5 appointees by the FnayeF eF for a term of two years or until the Fnayeier nominating commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the remainder of the unexpired term. No member shall serve more than eight consecutive years on the trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (1) The eight -consecutive year limitation contained in this subsection may be waived for a particular trust member who has completed eight consecutive years to permit such board member to be reconsidered annually for an additional one-year term by a unanimous vote of the members of the city commission. (c) Membership eligibility requirements. City of Miami Page 2 of 4 File ID: 12497 (Revision: A) Printed on: 1012712022 File ID: 12497 Enactment Number: 14114 (1) Each member of the trust shall reside, work, own real property or maintain a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community and have a demonstrated interest in the future of the park and in implementing the vision of the Trust ;;Ad oI.Ann;nn Gharrette Appointed members are expected to participate actively in the functioning of the trust. the chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time. (2) Unless the city commission by four -fifths vote of its membership or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation waives the requirement that trust members either reside in the city, own real property in the city or maintain a business in the city, any member of the trust who ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall inform the city commission and the trust whenever a trust member has ceased to be in compliance with said membership eligibility requirements and the trust member shall be automatically removed from the trust. The city clerk shall then inform the city commission in writing that the position has been declared vacant. Upon being advised by the city clerk of such circumstances, an appointment to fill the vacancy shall be made in accordance with subparagraph (b) hereinabove. (3) No member of the trust shall become a candidate for elective political office during his or her term. Should any member of the trust qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the trust, except sitting commissioners. (-4--3) No employee of Miami -Dade County, Florida, or any municipality therein other than city employees, shall serve on or be appointed to the trust. (d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the trust shall assume the duties of a member of the trust, but before doing so, shall take the oath prescribed by section 41(e) and (f) of the City Charter. (e) Quorum and voting. At all meetings of the trust, a majority of the then appointed members shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the trust. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the trust. The members of the Trust shall make and adopt bylaws and rules and regulations for the trust's governance and for the operation, management and maintenance of the park. (f) Meetings. The trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the trust shall be public. Written minutes of the proceedings of all actions taken at the meeting of the trust shall be maintained by the trust and shall be promptly and properly recorded and submitted to the city clerk. (g) Attendance requirements. City of Miami Page 3 of 4 File ID: 12497 (Revision: A) Printed on: 1012712022 File ID: 12497 Enactment Number: 14114 (1) A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three consecutive meetings; or (b) he or she is absent from four properly noticed meetings within eight -month period without an excused absence. (2) The provisions of this subsection shall not apply to those individuals who are members of city boards and who are (1) reservists in the United States Armed Forces or members of the Florida National Guard, and have been ordered to active military duty for national, state, or homeland defense and due to such duty cannot attend board meetings, or (2) employees of agencies whose services are considered essential for national, state, or homeland defense and due to such services cannot attend board meetings. (h) Indemnification. The 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. To the extent such coverage does not apply, the city shall indemnify the members in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. *If Section 3. 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 4. This Ordinance shall become effective immediately after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i : nd- e[y Nttor ey::�Q8/30/2022 i ria i ndez, ity Nttor ey 101312022 2 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 4 of 4 File ID: 12497 (Revision: A) Printed on: 1012712022