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Home My WebLink AboutO-12110J-01-806 9/12/01 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12082 AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO: PROPERLY REFLECT THE BOUNDARIES OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT AND PROJECT, SET FORTH PARTICULAR QUALIFICATIONS REQUIRED FOR THE PUBLIC ADVOCATE MEMBER, CHANGE THE TIME A CANDIDATE MAY QUALIFY FOR NOMINATION AS PUBLIC ADVOCATE, PROVIDE FOR ELECTION OF, AND ABSENTEE BALLOTING FOR, THE PUBLIC ADVOCATE MEMBER, CHANGE REQUIREMENTS FOR PROOF OF QUALIFICATIONS AS AN ELIGIBLE VOTER FOR PUBLIC ADVOCATE; MORE PARTICULARLY BY AMENDING DIVISION 2 OF THE CHAPTER ENTITLED "COMMUNITY REVITALIZATION," OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, the Model City Home Ownership Trust was established pursuant to Ordinance No. 12082; and WHEREAS, the Ordinance, as adopted, does not accurately depict the boundaries of the Model City Community Revitalization District and the Model City Homeownership Project; and WHEREAS, the Miami -Dade County Supervisor of Elections has ,advised the City that inconsistencies between Ordinance 12110 No. 12082 and current practices and procedures relating to the general election necessitate revisions to the approved ordinance; 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. Ordinance No. 12082, adopted July 10, 2001, which Ordinance amended the Code of the City of Miami, Florida, as amended, is amended in the following particulars:V "Chapter (To be determined) COMMUNITY REVITALIZATION ARTICLE I. Community Revitalization Districts DIVISION 2. Model City Homeownership Trust Sec. (To be determined) 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 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. Page 2 of 9 12110 Northwest 71St Street to the North, Northwest 54th Street to the South, I-95 to the East and Northwest -14 17th Avenue to the West, and the non- contiguous area of Northwest 17th to 19th Avenues and between Northwest r4 58th Street and State Road 112, all in Miami, Miami -Dade County, Florida. Sec . (To be determined) . Model City Homeownership Pilot Project. The Model City Homeownership Pilot Project represents the pilot community for implementation of the City's revitalization efforts to redevelop Community Revitalization Districts throughout the City. The Model City Homeownership Pilot Project will focus specifically on the revitalization of the Model City Neighborhood which is located at the contiguous area between Northwest 3s9- 17th and 12th Avenues between Northwest 54th to 62nd Streets, and the non- contiguous area of Northwest 17th to 19th Avenues between Northwest -_1�4 58th Street and State Road 112, all in Miami, Miami -Dade County, Florida. 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. (c) Membership qualifications. (1) 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 Page 3 of 9 - 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. 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 Model City neighborhood and the vision of the Trust, and is expected to participate actively in the functioning of the Trust. (2) The elected Public Advocate must also be: (i) be a current fdll time homeowner, residing full time in the Model City Community Revitalization District—; or (ii) own property or operate a business in Model City Community Revitalization District for a minimum of at least the last three (3)years; or (iii) be a board member of a community development corporation or community-based organization or faith based organization located in and providing services to the Model City Community Revitalization District for a minimum of the last three (3) years; (iv) provide proof of qualifications as an eligible candidate pursuant to (i) (ii) or (iii) , Page 4 of 9 12110 which proof may be a voter's registration card, driver's license, or any reasonable written proof, including a notarized affidavit. Deeds, mortgages, or homestead exemption receipts shall serve as proof of ownership of property within the Model City community. Proof of business ownership and operation shall be City of Miami occupational licenses and partnership agreements or articles of incorporation. (d) Procedure for election for the Public Advocate. 1. Nomination procedure. 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 thenen qualification meeting of the reason for such individual's absence. c. To be eligible to vote for the Public Advocate, the elector must be 1:8 year Af= a.- ]der a registered City of Miami voter, and shall-,!-- be a resident of the Model City Community Revitalization District. Geffiffi,anity Revitalizatien Distriet; e� Page 5 of 9 12110 2. Election procedure. a. The election shall be held on the same date and time and at the same precinct (s) as the general election for mayor and commissioner, commencing November 2001, and every four years thereafter. If no general election is required in 2001, a special municipal election shall be held on November 13, 2001. The election shall be widely publicized at least two weeks in advance in the Model City 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 er absentee ballet shall not be permitted. g. Proof of qualifications as an eligible voter er earedidate—as to identity, ,, place—ef residenee, and,ler _ ff. , _ yR _rt ma -y shall be a voter's registration card, dr' teeeters stub, er any reee cable written preef, inn u„a_rr fRertgages, er efteste a �' p } reee±ts--s� ,iSC3ZTserve aspeef e -f within the acrd—eperatren shall be City Mia Page 6 of 9 12110 (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 3$ 10 days prior to the making of an appointment, and shall have solicited and encouraged the public and professional or citizen organizations within the Model City area having interest in and knowledge of the Model City 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 appointments, the City Manager shall give due consideration to the names submitted. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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. Page 7 of 9 A Section 5. 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. Section 6. 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 upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs. Section 7. 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. Section 8. 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 8 of 9 ��10 Section 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. - 2/ PASSED AND ADOPTED BY TITLE ONLY this September 2001. CITY CLERK ESS -t,, 13th day of 2/ 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. Page 9 of 9