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Home My WebLink AboutO-11692J-98-780 7/20/98 ORDINANCE NO. 11692 AN EMERGENCY ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED DOWNTOWN DEVELOPMENT AUTHORITY, MORE PARTICULARLY BY AMENDING SECTIONS 14-52 AND 14-53 PERTAINING TO QUALIFICATIONS AND TERMS OF OFFICE OF MEMBERS OF THE BOARD OF DIRECTORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 14, Article II, of the Code of the City of Miami, Florida, as amended (the "Code"), governs the constitution and operations of the Downtown Development Authority; and WHEREAS, the proposed amendments are intended to clarify the existing. membership requirements and to implement the intent of the existing provisions that the members of the Board of Directors of the DDA serve staggered terms; and WHEREAS, the new provisions will further the objectives of the DDA and will better serve the needs of the DDA district; 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 11692 0 • Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Sections 14-52 and 14-53 of the Code of the City of Miami, Florida, as amended, is hereby amended as follows:''-/ "Sec. 14-52. Downtown development authority board -- Composition; appointment and terms of office of members and executive board; filling of vacancies. (c) Within 120 days from the effective date hereof, the board of directors of the authority, the city. commission, the board of county commissioners of Miami -Dade County and the cabinet of the state shall make their respective nominations for the board of directors of the authority. The 12 members nominated by the board of directors and confirmed by the city commission shall participate in a lottery, to be conducted by the board of directors, or such other procedure as may be agreeable to the board, to determine the term of their offices, it being the intent of the section that four of the initial 12 members shall serve one-year, four shall serve two years, and four shall serve three year. All other members shall serve for a term of twe three years. (d) Subsequent to the term of the board described in subsection (c) above, members shall serve terms of 4we three years from the expiration date of the term of their predecessors. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. Sec. 14-53. Same --Qualifications of members. (a) Except for the seats to be filled by the city commission, the board of county commissioners, or the cabinet of the state, all of '-/ 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. 2 11692 the board shall (1) reside; or (2) work; or (3) own (or be the designated representative of the owner of) a business; or (4) own (or be the designated representative of the owner of) real property in the downtown district, as described in section 14-27 of this article II. For purposes of this section a person shall be deemed to "own real property" where the person is the owner of the fee simple title, or owns the leasehold interest on the property under a lease having an original term of at least thirty years. We—ersho All members of the board shall be aR—individuals of outstanding reputation for integrity, responsibility and business ability and acumen. No officer or employee of the city, other than one member of the city commission, shall be eligible for appointment to the board. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. Section 5. This Ordinance is hereby 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. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of 3 11692 the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayorz. PASSED AND ADOPTED BY TITLE ONLY this 21st day of JU1V , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation roc i becomes effective with the elapse of ten (10) days from the late of Commission action regarding same, without the Mayor xer ' ' v t . ATTEST: Wa eman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED A 0 RM AND CORRECTNESO/ N ILARELLO ATTORNEY W545:CSK:ORS 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. 4 11692 f r� • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members DATE: July 21, 1998 of the City Commission FILE: 1 SUBJECTPocket Item : FROM: Wifre, it Gort REFERENCES: Commi oner ENCLOSURES: Amending Chapter 15, Section I1, of the City of Miami, Florida regarding the qualifications and terms of office of the members of the Downtown Development Authority Board of Directors. In order to assure that the board members serve staggered terms, the existing provisions need to be amended so that board members serve for three (3) year terms from September 1998. Also, the definition of a real property owner is to be clarified to include that he/she is the owner or a representative designated by the owner the fee simple title, of the owner of the leasehold interest on the property under a lease having an original term of at least thirty (30) years, excluding options and/or extensions. Thank you for your cooperation. WG/kk cc: Donald Warshaw, Interim City Manager Alejandro Vilarello, City Attorney Walter Foeman, City Clerk i PC RESOLUTION NO. _ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA AMENDING THE PROVISIONS REGARDING THE QUALIFICATIONS AND TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF DIRECTORS. WHEREAS, the Board of Directors of the Downtown Development Authority ("DDA") has adopted an ordinance specifying the qualifications and term of office of its members; and WHEREAS, there is a need to clarify the ordinance to specify the requirements for existing membership qualifications and clarify the intent of the existing provisions that the members of the Board of Directors of the DDA serve staggered terms; and WHEREAS, the DDA believes that to assure that the terms are staggered there is a need to have the members serve for three (3) year terms from the expiration date of the initial term of office as determined by the lottery procedure; and WHEREAS, the membership qualifications provision is to be clarified to include that a real property owner is the owner or a representative designated by the owner of the fee simple title, or the owner of the leasehold interest on the property under a lease having an original term of at least thirty (30) years, excluding options and/or extensions; and WHEREAS, it is DDA's belief that the new provisions will further the objectives of the DDA and will better serve the objectives of the DDA district; and WHEREAS, Chapter 14, Section II, of the Code of the City of Miami, Florida as amended, governs the constitution and operations of the Downtown Development Authority -1- 11692 a 9 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY. Section 1. To recommend to the City Commission that they approve the amendments to Section 14-52 of the Code of the City of Miami, Florida to allow for all members to serve three (3) year terms or until the replacement expiration date after the determination by the lottery procedure of their initial term of office. Section 2. To recommend.that Section 14-53 of the Code of the City of Miami, Florida be amended to clarify the definition of a real property owner to include that a person shall be deemed to "own real property" if the person or representative designated by the owner is the owner of the fee simple title, or owns the leasehold interest on the property under a lease having an original term of at least thirty (30) years, excluding options and/or extensions. PASSED AND ADOPTED this day of ATTEST: Sandra Hernandez Secretary to the Board ..; Commissioner Wifredo Gort DDA Chairman Patricia Allen DDA Executive Director -2- 11692 0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11692 in the.......................XXXXX ......................................................... Court, was Ayptisded in said gspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy ofadvertisement; and affiant further says that she has neither paid nor promised any person firm or corporation any discount thibate, commissio refun for the purpose of securi s advertise r public tion in the said newsy er. ,I i; 10 bw�r tbscribe e e e ti` ft ti ........day of ............. ................................. D. 19...... (SEAL) pV 4 �4 Octelma V. Ferbeyre per iha%Fr, OF CIAL NOTARY SEAL JANETT LLERENA meCOMMWION NUMBER a CC566004 �� O �OF rvo MY COMMISSION EXPIRES JUNE 23.2000 .CITY OV.MIAM1, FLORIDA:, LEGAL- NOTICE All interested persoris vMl take"notice that on the.21st day of, Jul) 1998 the: City ''Commission of Miami; Florida adopted the..followinc `titled ordinances: 'r - -• ORDINANCE NO, 11686 - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11547; ADOPTED- SEPTEMBER'23, 1997; ENTITLED:-- "LOCAuLAW'ENFdRCEMENT BLOCK GRANT PROGRAM;" THEREBY PROVIDING FOR AN INCREASE IN THE TOTAL AMOUNT OF $82,755.18; REPRESENTING INTEREST - EARNED - FROM 'SECOND .YEAR' GRANT FUNDING `," "MONIES WHICH TOTALED $3,615,800.00; CONTAINING A REPEALER PROVISION AND-SEVERABILITY CLAUSE. ORDINANCE NO. 11687.• AN EMERGENCY ORDINANCE ESTABLISHING INITIAL -RESOURCE_ S AND INITIAL ;APP.ROPRIATIONS FOR. A _ •SPECIAL REVENUE . FUND, ENTITLED: _ "PROBLEM` SOLVING'. PARTNERSHIPS- ` ASSESSMENT GRANT PROGRAM," AND APPROPRIATING -FUNDS, IN THE AMOUNT OF.,$49,950:00,'CONSISTING OF GRANT FROM THE'U.S.-DEPARTMENT OF -JUSTICE; AUTHORIZING THE ,CITY MANAGER 'TO ACCEPT- SAID GRANT AND TO EXECUTE=THE NECESSARY DOCUMENTS FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND 'PROVIDING FOR AN -..EFFECTIVE DATE. ORDINANCE NO. 11688 . SAN ORDINANCE. AMENDING SECTION 18-78, 'OF THE` CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED RELATING- TO —'CONTRACTING ' METHODS" AND' PROCEDURES; THEREBY STIPULATING_ THAT,,ANY' PURCHASE -AGREEMENT ENTERED'INTO,IN-A MANNER` INCONSISTENT WITH: ,PROCEDURES-,, :ASS -HEREIN•': SPECIFIED SHALL NOT BE BINDING'UPON, THE'CITY; -- CONTAINING' :A" REPEALER -•.`.•PROVISION AND.u:A •- ;'SEVERABILITY CLAUSE; IPROVIDING.FOR AN'EFFECTIVE._ DATE ORDINANCE NO. 11689 AN ORDINANCE AMENDING CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED,: ADOPTED MARCH 24, 1998;, CONTINUING AND REVISING PREVIOUSLY, - APPROVED.. .SCHEDULED CAPITAL. r� 'IMPROVEMENT PROJECTS; ESTABLISHING NEW CAPITALIMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1997-1998, . PROVIDING CONDITIONS, . 'AUTHORIZATIONS .AND .,DIRECTIONS TO" THE CITY r.. MANAGER AND CITY CLERK; CONTAINING A REPEALER PROVISION -AND SEVERABILITY CLAUSE. ORDINANCE NO, :11690 AN EMERGENCY. ORDINANCE AMENDING CHAPTER 54, • ARTICLE. Vill OF. -THE CODE .OF .THE CITY,OF MIAMI, FLORIDA, ASAMENDED, -ENTITLED: "USE OF PUBLIC • RIGHT:S-OF-WAY" BY COMMUNICATION SYSTEMS," BY AMENDING THE EXISTING • PROVISIONS CONCERNING TOLL :TELEPHONE SERVICE- PROVIDERS.AND ADDING NEW SECTIONS. • CONCERNING LOCAL• .:EXCHANGE TELEPHONE SERVICE PROVIDERS ALL IN ACCOR--, DANCE WITH SECTION.337.401 FLORIDA STATUTES AS AMENDED DURING.THE, 1999 STATE LEGISLATIVE. SESSION; CONTAINING -,A -REPEALER PROVISION, A ` SEVERABI_LITY•' CLAUSE; AND PROVIDING FOR. AN EFFECTIVE DATE: ORDINANCE NO. 11691. AN EMERGENCY : 'ORDINANCE SCHEDULING AN ELECTION` TO FILL, SUBJECT TO: DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 3; SETTING NOVEMBER 3, 1998, AS THE DATE:OF SUCH ELECTION, AND ESTABLISHING' SEPTEMBER 19, .1998. AT 6 P.M., AS THE' QUALIFYING DATE 'THEREFOR; FURTHER, SCHEDULING A MUNICIPAL REGULAR ('RUN-OFF") ELEC- TION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 3, SAID 'ELECTION TO BE HELD. ON NOVEMBER 10, 1998; UNLESS SAID OFFICE HAS BEEN FILLED BY THE ELECTION OF A• -. CANDIDATE AT THE - REGULAR NONP,ARTISAN,. PRIMARY' ELECTION TO BE HELD ON. NOVEMBER 3,;1'998; DESCRIBING PERSONS QUALIFIED TO •VOTE,: •IN, • SAID,, ELECTIONS; DESCRIBING THE REGISTRATION,, BOOKS AND RECORDS' TO , B,E 5 USED FOR THE ELECTIONS;,•DESIGNATING AND APPOINTING THE,CITY, CEE'W AS"T' H_E OFFICIAL REPRESENTATIVE WITH RESPECT TO. THE USE OF SUCH REGISTRATION BOOKS AND RECORDS' DIRECTIN G THE CITY CLERK TO `'GIVE: NOTICE OF THIS ORDINANCE'S "ADOPTION AND TRANSMIT A .CERTIFIED COPY; THE MIAMI-DADE COUNTY SUPERVISOR OF -ELECTIONS CONTAINING ' A -REPEALER PROVISION, SEVERABILITY CLAUSE, AND ' PROVIDING FOR AN EFFECTIVE,DATE. ORDINANCE NO. 6 AN "EMERGENCYibRDINANCE- AM INC CHAPTER 14 ,,OF.,• .THE -CODE OF THE •CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "DOWNTOWN DEVELOPMENT . AUTHORITY,'_'' MORE PARTICULARLY" BY AMENDING SECTIONS 14-52 AND 14-53- PERTAINING- tTO QUALIFICATIONS-AND•TERMS OF OFFICE OF MEMBERS—, 'OF THE k.BOARD OF "DIRECTORS; CONTAINING A "`'•' REPEALER`�PROVISIONr"AND'•A SEVERABILITY, CLAUSE, S%4Q1AN6PROVIDING'FO144 NE-TFECTIVE DATE. .Said'ordipances may be inspected -by the public at the Office df."the City Clerk; 3500;Pan American;Drive, Miami,'Florida; Monday through Friday, excluding holidays;'beiween the hours of 8.a.m. and 5 p.m; V!, • _ nw Walter J. ;Foeman