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HomeMy WebLinkAboutO-12356J-01-791 4/10/03 ORDINANCE NO. 12356 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTER ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" TO CREATE AND ESTABLISH THE LITTLE HAVANA COMMUNITY REDEVELOPMENT DISTRICT AND THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE "TRUST") BY DESIGNATING THE TRUST'S JURISDICTIONAL AUTHORITY AS AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI; SETTING FORTH THE TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH, AND TO OWN AND DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, NOMINATION AND ELECTION PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 3 TO CHAPTER 12.5, ENTITLED "COMMUNITY REVITALIZATION," TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, at the City Commission meeting of July 10, 2001, the City Commission allocated $140,000 of 27th Year Community 12356 Development Block Grant Funds to conduct a planning study to initiate the planning process for the Little Havana Homeownership Zone Project; and WHEREAS, the City Commission instructed the Administration to prepare legislation creating and establishing a Trust in the Little Havana Community Revitalization District similar to the Trust created in the Model City Community Revitalization District; and WHEREAS, pursuant to Resolution No. 99-429, adopted June 29, 1999, the City Commission approved the City's Five Year Consolidated Plan (1999-2004), which outlined the City's various housing and community revitalization strategies for the proposed use of funds received from the U.S. Department of Housing and Urban Development; and WHEREAS, with the adoption of the City's Five Year Consolidated Plan in August 1999, the City Commission approved the establishment of seven (7) Community Revitalization Districts in the City of Miami, with the City's initial homeownership development efforts to begin in the Model City neighborhood; and WHEREAS, the City Commission identified the Little Havana Community Revitalization District as the next area to undergo comprehensive redevelopment; and Page 2 of 17 12356 WHEREAS, the Little Havana Homeownership Trust ("Trust") will provide oversight and facilitate the City's revitalization efforts and activities to be undertaken in the Little Havana Community Revitalization District; and WHEREAS, the City Commission wishes to create and establish the Little Havana Homeownership Trust, which shall receive its initial sunset review in the Year 2007, and then every four years thereafter, and to initiate the Little Havana Homeownership Project; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: 1/ "Chapter 2 i Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 3 of 17 12356 ADMINISTRATION * * * Article XI. BOARDS, COMMITTEES, COMMISSIONS * * * DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY * 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: g. 2001: i. 2007: 1. Model City Homeownership Trust 2. Little Havana Homeownership Trust. * * * * * * if Section 3. The Code of the City of Miami, Florida, as amended, is further amended by adding new Division 3 to the Chapter entitled "Community Revitalization," in the following particulars:/ Ibid. Page 4 of 17 x.2356 "Chapter (To be determined) COMMUNITY REVITALIZATION ARTICLE I. Community Revitalization Districts DIVISION 1. Generally. DIVISION 2. Model City Homeownership Trust DIVISION 3. Little Havana Homeownership Trust Sec (To be determined) Little Havana Homeownership Trust created. A limited agency and instrumentality of the City to be known as the "Little Havana Homeownership Trust" is created and established. Use of the term "Trust" in this division shall mean the Little Havana Homeownership Trust. Sec (To be determined) . Little Havana Community Revitalization District - urisdictional authority. The Trust shall exercise the powers and duties for the Little Havana Community Revitalization District for the geographical areas in Miami, Miami - Dade County, Florida, as identified in the approved City of Miami Consolidated Plan for Fiscal years 1999-2004. Sec. (To be determined) Little Havana Homeownershi Project. The Little Havana Homeownership Project represents the second community for implementation of the City's revitalization efforts to redevelop Community Revitalization Districts throughout the City. The specific boundaries of the Little Havana Homeownership Project will be determined as a result of the Planning Study. Page 5 of 17 12356 Sec . (To be determined) . Purpose; powers and duties. (a) Purpose. The Trust, in cooperation with the Department of Community Development and other City departments, shall be responsible for oversight and to facilitate the City's revitalization efforts for the redevelopment of the Little Havana Community Revitalization District in a manner consistent with the strategy identified in the Five Year Consolidated Plan, adopted by the City Commission in August, 1999. (b) Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Trust shall be empowered to take all actions necessary including, but not limited to, activities which: 1. establish policy for the revitalization efforts in the Little Havana Community Revitalization District; and 2. advocate the purposes of the Trust; and 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 Little Havana Community Revitalization District; and 4. promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the Little Havana Community Revitalization District; and 5. establish Little Havana Homeownership Pilot Projects within the Little Havana Community Revitalization District; and 6. solicit and accept grants, contributions and financial and non-financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities; and Page 6 of 17 12356 7. implement full and active participation and cooperation with public and private entities in furtherance of the Trust's purpose to oversee and facilitate the revitalization of the Little Havana Community Revitalization District to improve the quality of life for residents of this neighborhood; and 8. participate in any other fundraising activity, whether solely involving the Trust or involving partnerships with other persons or public or private organizations, which furthers the Trust's purpose; and 9. sue and be sued, plead and implead, contract and be contracted with, and to own and dispose of real property. (c) The elected Public Advocate shall be responsible for: 1. co -convening at least one public hearing annually with the Commissioner of District 3; and 2. servinq as ombudsman to the community; and 3. coordinating the development and implementation of a Public Advocacy Plan. (d) Notwithstanding any provisions to the contrary, the Trust shall exercise only such powers as are granted pursuant to this division. sec. (To be determined) . Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members and the nomination and election of the Public Advocate; officers; oath; quorum and voting; meetings; attendance requirements; indemnification. Page 7 of 17 12356 ( a) Governing body- composition and appointments. The Trust shall consist of seven members, one of whom shall be an elected Public Advocate and six individuals from professional disciplines and who shall be appointed by the City Manager and confirmed by the City Commission, as hereinafter set forth. (b) Terms of office and vacancies. (1) Six members shall be appointed by the City Manager for a term of four years in the manner set forth in subsection (e) (1)and(2) of this section. The District 3 Commissioner shall appoint an individual to fill a vacancy due to the death, resignation or removal of any member of the Trust, which person shall serve only for the remainder of the unexpired term. Nothing set forth herein shall prohibit any individual from being reappointed. (2) The elected Public Advocate shall be elected for a term of four years in the manner as set forth in subsection (d) (2) (a) of this section. The election of the Public Advocate shall be ratified by the City Commission. The District 3 Commissioner shall appoint an individual to fill a vacancy of the elected member's position due to the death, resignation or removal of the elected member of the Trust, which person shall serve only for the remainder of the unexpired term. Nothing set forth herein shall prohibit any individual from being reappointed. (c) Membership qualifications. All Trust 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. Page 8 of 17 12356 Each member of the 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 Little Havana neighborhood and the vision of the Trust, and is expected to narticiDate actively in the functioning of the Trust. The elected Public Advocate must also be a full time homeowner, residing in the Little Havana Community Revitalization District. (d) Procedure for election for the Public AHvncato_ 1. Nomination procedure. a. All persons nominated must be provide proof of membership qualifications at a meeting scheduled by the City Manager or designee. Nominations can be made by the person seeking to be elected or by any other person qualified to vote. b. In the event, for some reasonable cause, a potential nominee cannot be present at the meeting, the individual can be considered for nomination if the City Manager or designee in writing is notified at least five working days prior to the election of the reason for such individual's absence. C. To be eligible to vote for the Public Advocate, the elector must be 18 years of age or older, and shall 1. be a resident of the Little Havana Community Revitalization District; or 2. own property or have a business in the Little Havana Community Revitalization District; or 3. be an employee or board member of a community development Page 9 of 17 corporation or community-based organization located in and providing services to the Little Havana Community Revitalization District, or operate or is an employee of a business in the Little Havana Community Revitalization District. 2. Election procedure. a. The election shall be held on the same date and time and at the same precinct(s) as the nonpartisan primary election for mayor and commissioner, commencing November 2001, and every four years thereafter. The election shall be widely publicized at least two weeks in advance in the Little Havana Community Revitalization District and in the media. Voting shall be by secret ballot and the election shall be supervised by City staff. b. Voting by proxy or absentee ballot shall not be permitted. C. Certified ballots shall be used and appropriate interpreters shall be present at all elections, if there is a substantial number of non-English speaking residents. The ballot shall be placed in a sealed ballot box by the trr,t-i=rr d. At the close of voting, the ballot box shall be opened and the ballots tabulated by City staff to determine the winner of the election. e. The candidates, their representatives, and the public may witness the tally of the ballots at the election site. The candidate receiving the most votes shall be elected as the Public Advocate to the Trust. In case of a tie vote, Page 10 of 17 12356 the City Commission shall decide the winner of the election. f. Subsequently, the winner shall be certified by the City Clerk and officially ratified at the first scheduled City Commission meeting immediately following the election. Proof of qualifications as an eligible voter or candidate as to identity, place of residence, and/or employment may be a voter's registration card, driver's license, pay stub, or any reasonable written proof, including a notarized affidavit. Deeds, mortgages, or homestead exemption receipts shall serve as proof of ownership or property within the community. Proof of business ownership and operation shall be City of Miami occupational licenses and partnership agreements or articles of incorporation. e) Procedure for appointment of members. 1. No appointment shall be made by the City Manager until notice has been given in a newspaper of general circulation in the City of the appointments to be made to the 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 Little Havana area having interest in and knowledge of the Little Havana area to submit names of persons and their qualifications for consideration as prospective appointees of the Trust. At least ten days prior to the making of any appointment, the City Manager shall cause 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 decision on Page 11 of 17 12356 appointments, the City Manager shall give due consideration to the names submitted. 2. In addition, the City Manager shall at least ten days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement 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 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 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. Officers. The members of the Trust shall elect from its members a chairperson and vice - chairperson, and designate a secretary and such other officers deemed necessary. 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. (h) Quorum and voting. At all meetings of the Trust, a majority of the then appointed and elected 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 and management of the revitalization initiative. (i) Meetings. The Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. At least one of the meetings of the Trust per year shall be held in the Little Havana area. All meetings of the Trust shall be public. Page 12 of 17 12356 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. (j) Attendance requirements. A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings within an eight-month period without an excused absence. (k) 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. Sec (To be determined) . Executive director; appointment, term, qualifications, compensation, general powers and responsibilities. There shall be an executive director who shall be appointed by the Trust subject to City Commission approval. The Trust shall have the option of appointing an executive director who is not affiliated with the City of Miami or it may appoint a City employee who is assigned by the City to the Trust for the purpose of managing the revitalization initiative. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the Trust shall submit monthly written status reports on the Trust's operations and expenses to the City Commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no Trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the Trust, and approved by the City Commission. The executive director shall take an oath before assuming any duties. The Page 13 of 17 IP,35 6 executive director shall act as the chief executive officer of the Trust. Subject to the policy directives of the Trust, the executive director shall have general supervision over and be responsible for the management and operation of all Trust activities, and facilities. The executive director shall execute all contracts on behalf of the Trust after approval by the Trust. The executive director shall attend all meetings of the Trust, shall furnish the Trust a quarterly report with respect to the management and operation of the revitalization initiative, and the financial condition of the 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 Trust as may be required by the Trust or the City. In the event that the executive director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the Trust may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director ceases. Sec . (To be determined) . Employment of assistants. Subject to the policy directives of the Trust and budget limitations, the executive director may employ such assistants as are necessary to provide for the efficient operation of the Trust. sec. (To be determined) . Counsel. The City Attorney's office shall provide legal counsel to the Trust as may be necessary and requested by the Trust. sec. (To be determined) . Approval of budget. (a) Effective immediately, the Trust shall establish a fiscal year which coincides with that of the City of Miami. The Trust shall submit to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, a Trust budget request pertaining Page 14 of 17 12356 to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the City for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the 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 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 Trust shall submit a master plan reflecting the proposed operations, activities, and improvements of the revitalization initiative for the forthcoming fiscal year. The City Commission may review and deny any item contained in the master plan within thirty (30) days from the date of its submission by the Trust. (d) No provision contained in this Article shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. Sec . (To be determined) . Annual report and audit. (a) The 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 shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Trust at any time. Sec. (To be determined) . Sunset Review of Trust. Notwithstanding the provisions contained in Section 2-892 of this Code, the Trust shall be initially Page 15 of 17 5 reviewed in 2007. Thereafter the Trust shall be reviewed every four years. Sec. (To be determined). Abolition of Trust. The City Commission may, by an affirmative four- fifths (4{5ts) vote, abolish the Trust, at which time the powers and duties of the Trust shall revert to the City and the City shall resume responsibility for the revitalization initiative." Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Page 16 of 17 1235 Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.3I PASSED ON FIRST READING BY TITLE ONLY this 26th _ day of July , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this lam_ day of April , 2003. ATTEST: y r PR CILLA A. THOMPSON, CITY CLERK APPROVED AQ� ORM AND CORRECTNESS{ ORTO VILARELLO .TTORNEY 1115: BSS 3/ 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. Page 17 of 17 12356 Second Reading Ordinance CITY OF MIAMI CITY ATTORNEY'S OFFICE 18 MEMORANDUM TO: Mayor and Members of the City Commission FROM: 40L Alejandro Vilarello, City Attom DATE: April 3, 2003 RE: Proposed Second Reading Ordinance -April 10, 2003 City Commission Meeting Amending City Code to establish the Little Havana Homeownership Trust (J-01-791) At the March 27, 2003 meeting, Commissioner Joe Sanchez directed that the ordinance to establish the Little Havana Homeownership Trust, passed on first reading on July 26, 2001, be placed on the April 10, 2003 Agenda. The attached ordinance, as requested, has been submitted for placement on the April 10, 2003 Agenda. W856:13SS Attachment c: Joe Arriola, City Manager Elvi G. Alonso, Agenda Coordinator 12356