HomeMy WebLinkAboutO-12257J-02-578
7/9/02
12257
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 12.5, ARTICLE I, DIVISION 2,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "COMMUNITY REVITALIZATION,
COMMUNITY REVITALIZATION DISTRICTS, MODEL CITY
HOMEOWNERSHIP TRUST" TO: (A) CHANGE THE NAME
OF THE TRUST TO MODEL CITY COMMUNITY
REVITALIZATION DISTRICT TRUST; (B) EXPAND THE
BOUNDARIES OF THE MODEL CITY REVITALIZATION
DISTRICT; (C) EXPAND THE TRUST'S POWERS AND
DUTIES; (D) PROVIDE FOR THE FILLING OF
VACANCIES; (E) PROVIDE FOR THE APPOINTMENT OF
THE TRUST PRESIDENT/CHIEF EXECUTIVE OFFICER;
AND (F) PROVIDE FOR TRANSITION OF
PRESIDENT/CHIEF EXECUTIVE OFFICER AND
TRANSITIONAL PROCEDURES FOR CERTAIN OPERATIONAL
AND BUDGET FUNCTIONS; MORE PARTICULARLY BY
AMENDING SECTIONS 12.5-26, 12.5-27, 12.5-29,
12.5-30, 12.5-31 AND 12.5-32, AND BY ADDING NEW
SECTIONS 12.5-33 AND 12.5-36 TO THE CODE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 12.5, Article I, Division 2, of the
Code of the City of Miami, Florida, as amended, entitled
"Community Revitalization, Community Revitalization Districts,
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Model. City Homeownership Trust," is amended in the following
particulars:'/
"Chapter 12.5
COMMUNITY REVITALIZATION
ARTICLE I. Community Revitalization Districts
DIVISION 2. Model City HeFfteewnership Community
Revitalization District Trust
Sec. 12.5-26. Model City a^ffteew ___zh; p Community
-r
Revitalization District Trust created.
A limited agency and instrumentality of the city
to be known as the "Model City Community
Revitalization District Trust" is created and
established. Use of the term "Trust," in this
division shall mean the Model City Heffteewneicship
Community Revitalization District Trust.
Sec. 12.5-27. Model City Community Revitalization
District jurisdictional authority.
The Trust shall exercise the powers and duties
for the Model City Community Revitalization District
which is located at the contiguous area bounded by
Northwest 713t Street to the North, tie -4 tihwes4E ^�
ctreem� State Road 112 to the South, I-95 to the East
and Northwest 17th Avenue to the West, and the non-
contiguous area of Northwest 17th to 19th Avenues
between Northwest 58th Street and State Road 112, all
in Miami, Miami -Dade County, Florida.
l� 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.
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Sec. 12.5-29. Purpose; powers and duties.
(a) Purpose. The t -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 Model . City 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 Model City 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 Model City Community
Revitalization District; and
4) Receive notice of all zoning applications
for properties located within the District,
and have a right to appear before the City
Commission, Planning Advisory Board, Zoning
Board and the Historic and Environmental
Preservation Board.
(45) Promote, oversee and assist in the
redevelopment activities and develop
increased public awareness and interest in
the Model City Community Revitalization
District; and
(-&6) Establish Model City Homeownership Pilot
Projects within the Model City Community
Revitalization District; and
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t
(4&7) 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
(�8) 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 Model City Community
Revitalization District to improve the
quality of life for residents of this
neighborhood; and
(-99) 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
(410) To sue and be sued, plead and implead,
contract and be contracted with, and to own
and dispose of real property.
(c) Thee public advocate shall be
responsible for:
(1) Co -convening at least one public hearing
annually with the commissioner of
district 5; and
(2) Serving 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 t -Trust shall exercise only such powers as are
granted pursuant to this division.
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12257
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.
(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 5 commissioner or the city
manager shall nominate ape irk an individual to
fill a vacancy due to the death, resignation or
removal of any member of the Trust, which pei=sen
appointment shall be confirmed by the City
Commission and shall serve only for the remainder
of the unexpired term. Nothing set forth herein
shall prohibit any individual from being
reappointed.
Sec. 12.5-31. E3Eeeutive e';etei. ; President/Chief
Executive Officer appointment, term,
qualifications, compensation, general
powers and responsibilities.
There shall be an eHeeu:�ive di __m __ a
President/Chief Executive Officer appointed by the
Trust who shall be responsible for managing the day to
day activities of the Trust. All President/Chief
Executive Officers shall be appointed by the Trust
Board of Directors appeinte'e wh_e Shall be appeinm�eel
the ctrl and confirmed by the City
Commission ,�TaT. The Trust shall have the option
of appointing ai-r President/Chief Executive Officer
eiEeei:itivewee: who is not affiliated with the City
or it may appoint a city employee who is assigned by
the city to the Trust for the purpose of managing the
revitalization initiative. Aelelitienally, eaeh
After hiring air
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12257
President/Chief Executive Officer exee 4Ave e'; � ,
the Trust shall submit Faenthly quarterly, written
status reports on the Trust's operations and expenses
to the City Commission. The e)Eeeutive 6
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 Trust member shall be eligible for appointment
as _____ * =TTc e,_r„e}er President/Chief Executive
Officer. The e)Eeeat-i� d_r_c President/Chief
Executive Officer shall receive such salary and
expenses as shall be fixed by the Trust, and all
salary and expenses of the President/Chief Executive
Officer shall be approved by the City Commission. The
e,at ve d; r-ee r President/Chief Executive Officer
shall take an oath before assuming any duties. The
e�Eeetrt-i-oz^ el el; i=ee and shall act as the chief
executive officer of the Trust. Subject to the
policy directives of the Trust, the e3Eeeutive
eldwz ceter President/Chief Executive Officer shall have
general supervision over and be responsible for the
management and operation of all t -Trust activities, and
facilities. The e�Eeeutiv e President/Chief
Executive Officer shall execute all contracts on
behalf of the Trust after subject to the approval by
the Trust. The e)Eeeutive elireet President/Chief
Executive Officer 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 t -Trust as may be required by the
Trust or the city. In the event that the exeeidtiver
eliiceeter President/Chief Executive Officer 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 exeeidtTre -';ree}er
President/Chief Executive Officer to exercise such
powers and to perform such functions and duties until
such incapacity of the e3Eeeutive diLeetei=
President/Chief Executive Officer ceases.
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Sec. 12.5-32. Employment of assistants.
Subject to the policy
and budget limitations,
President/Chief Executive
directives of the t -Trust
the ewe ed:r= iSOL^ d i-;= }
Officer may employ such
assistants as are necessary to provide for the
efficient operation of the Trust.
Sec. 12.5-33. Fiduciary Agent.
The Trust shall designate an established
governmental entity as its fiduciary agent for all or
certain parts of its accounts. The President/Chief
Executive Officer shall exercise authority to expend
consistent with the City of Miami procurement process,
and Anti -deficiency and Financial Integrity
Principles.
Sec. 12.5=33 12.5-34. Counsel.
The city attorney's office shall provide legal
counsel to the Trust as may be necessary and
requested by the Trust.
Sec. 32.5-34 12.5-35. Approval of budget.
(a) Effective immediately, the Trust shall establish
a fiscal year which coincides with that of the
city. 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 t -Trust budget
request pertaining 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
t -Trust budget for that year and all expenditure
shall comply with city procedures for acquisition
of goods and services.
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(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 30 days from the date of its
submission by the Trust.
(d) No provision contained in this division shall be
construed to violate the Anti -Deficiency Act, as
set forth in sections 18-500 through 18-503 of
this Code.
Sec. 12.5-36. Transition.
(a) The City of Miami Department of Finance shall act
as the fiduciary of the Trust during any period
when the Trust fails to designate a governmental
entity as its fiduciarv.
b) The City of Miami shall provide transitional
offices for the Trust for up to 24 months from
the date of the adoption of this Ordinance.
Sec. 12.535 12.5-37. Annual report and audit.
(a) The t -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 t -Trust at any time.
Sec. 12.5 36 12.5-38. Sunset review of Trust.
Notwithstanding the provisions contained in
section 2-892 of this Code, the t -Trust shall be
initially reviewed in 2007. Thereafter the Trust
shall be reviewed every four years.
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Sec. 12.S 3q 12.5-39. Abolition'of Trust.
The City Commission may, by an affirmative four-
fifths 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 2. All ordinances or parts of ordinances
insofar as they are inconsistent or in- conflict with the
provisions of this Ordinance are repealed.
Section 3. 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 4. This Ordinance is declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami and to generally carry on the functions and duties of
municipal affairs.
Section 5. The requirement of reading this Ordinance on
two separate days is dispensed with by an affirmative vote of
not less than four-fifths of the members of the Commission.
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Section 6. This 'Ordinance "shall become effective
immediately upon its adoption and signature of the Mayor. -
2/
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
June 2002.
PASSED
AND ADOPTED
ON
SECOND READING BY TITLE ONLY this
9th day
of Jules
,
2002.
ATTEST:
PRI ILLA A. THOMPSON
CITY CLERK
APPROVE .!AS/5i FORM AND CORRECTNESS :t�-
'4
O VILARELLO
'TY ATTORNEY
W1290:MJC:BSS
zi If the Mayor does not sign this Ordinance, it shall become
effective at the end of ten calendar 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.
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