HomeMy WebLinkAboutO-11211J-94-952
11/8/94
ORDINANCE NO. ___ 1 1 2 1
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED THEREBY, INTER
ALIA: (1) CREATING AND ESTABLISHING THE
OVERTOWN ADVISORY BOARD ("BOARD");
(2) SETTING FORTH PROCEDURES FOR ELECTING
MEMBERS TO THE BOARD; (3) PROVIDING FOR TERMS
OF OFFICE, VACANCIES, AND REMOVAL OF MEMBERS;
(4) PROVIDING FOR STAFF SUPPORT AND
REIMBURSEMENT OF BOARD EXPENSES;
(6) REQUIRING FINANCIAL DISCLOSURE-
(6) ESTABLISHING THE BOARD'S POWERS, DUTIES]
AND AUTHORITY; (7) SETTING FORTH BOARD
PROCEEDINGS; AND (8) RESCINDING, IN THEIR
ENTIRETY, RESOLUTION NO. 82-645 AND
RESOLUTION NO. 85-399; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR INCLUSION IN THE CITY CODE.
WHEREAS, pursuant to Resolution No. 82-645, the Overtown
Advisory Board was designated the official advisory board for the
Urban Initiatives Project in the Southeast Overtown/Park West
Redevelopment Area; and
WHEREAS, pursuant to Resolution No. 85-399, the Overtown
Advisory Board was designated an official advisory board for
citizen participation in the Overtown Community Development
Target Area; and
WHEREAS, at the May 5, 1994 City Commission Meeting, the
City Attorney was directed to prepare legislation, for inclusion
in the City Code, to expand the scope and authority of the Board,
after consulting with the Overtown Advisory Board;
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Establishment and Purpose.
There is hereby created and established a board, to be known
as the Overtown Advisory Board, for the purpose of encouraging
and supporting historic preservation and providing
recommendations to the City Commission regarding all City funded
or assisted activities, developments, or improvements within the
Overtown area. As used herein, the Overtown area is that area
approximately bounded on the north by Northwest 20th Street from
Florida East Coast Railroad to Northwest 3rd Avenue to Northwest
5th Avenue; on the west by I-95 Expressway from Northwest 21st
Terrace to 836 Expressway and State Road 836 (East-West)
Expressway from I-95 to the Miami River; on the south by
Northwest 3rd Street from Florida East Coast Railroad to
Northwest 7th Avenue and the Miami River from Northwest 7th
Avenue to 836 Expressway; and on the east by Florida East Coast
Railroad right-of-way. (Note: all boundaries are to the center
line of the street, center line of City block, edge of expressway
or center line of railroad tracks unless otherwise noted.)
Section 2. Membership.
(a) The Overtown Advisory Board shall consist of fifteen
(15) members to be elected as hereinafter set forth.
(b) It is intended that members of the Overtown Advisory
Board established and created by this Ordinance shall be persons
of knowledge, experience, mature judgment and background having
ability and desire to act in the public interest in order to make
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informed
and
equitable decisions concerning the Overtown area.
Towards
that
end persons seeking membership on the Overtown
Advisory
Hoard shall be deemed qualified if lie/she is 18 years of
age or older,
and:
(1)
is a resident of the Overtown area; or
(2)
owns property in the Overtown area; or
(3)
is an employee or board member of a community
based organization or community development
corporation located in and providing services to
the Overtown area; or
(4)
operates a business in the Overtown area.
(c)
Procedure for election.
(1)
Nomination Procedure
The time and place of election meetings shall be
s
set by the City Manager or his designee. Election
meetings shall be widely publicized at least two
i
weeks in advance in the Overtown area and in the
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various media. i
y
All persons nominated must be a qualified voter in
the Overtown area and shall be present at the
election meeting. Nominations can be made by the
person himself/herself or by any other person
qualified to vote.
In the event, for some reasonable cause, a
potential nominee cannot be present at the
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election meeting, he/she can be considered for
nomination if he/she notifies the City Manager or
his designee in writing, at least five (5) working
days prior to the election meeting of the reason
for his/her absence.
To be eligible to vote for members of the Overtown
Advisory Board, the elector must be 18 years of
age or older, and:
i. is a resident of the Overtown area; or
ii. owns property in the Overtown area; or
iii. is an employee or board member of a community
development corporation or community based
organization located in and providing
services to the Overtown area; or
iv. operates a business in the Overtown area.
(2) Election Procedure
Elections shall be held immediately after
nominations of candidates for Overtown Advisory
Board membership. Voting shall be by secret
ballot and the election shall be supervised by
City staff.
Voting by proxy or absentee ballot shall not be
permitted.
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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 voter shall place his/her
ballot in a sealed ballot box.
At the close of voting, the ballot box shall be
opened and the ballots tabulated by City staff to
determine winners of the election.
The candidates, their representatives, and the
public may witness the tally of the ballots at the
election site. The fifteen candidates receiving
the most votes shall be elected to the Overtown
Advisory Board.
Subsequently, the winners shall be certified by
the City Clerk and officially announced at the
first scheduled City Commission meeting
immediately following the election.
Proof of qualifications as an eligible voter or
candidate may be a voter's registration card,
driver's license, or any reasonable written proof
of his/her identity and a place of residence.
Deeds, mortgages, or Homestead Exemption receipts
shall serve as proof of ownership of property
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within the community. Proof of business ownership
and operation shall be City of Miami occupational
licenses and partnership agreements or articles of
incorporation.
(d) Terms of office. Members of the Overtown Advisory
Board shall be elected for three-year terms, except that members
of the first Board elected under this Ordinance shall be elected
as follows: five (5) members for a term of three (3) years, five
(5) members for a term of two (2) years, and five (5) members for
a term of one (1) year. The fifteen elected board members will
determine by lottery their respective terms. Notwithstanding the
above, individual members may serve until their successor is
elected.
(e) Vacancies. Vacancies in the membership of the Overtown
Advisory Board shall be filled in the manner set forth in
Subsection (o) hereinabove. Any person elected to fill a vacancy
shall serve only for the unexpired portion of said term.
(f) Removal. Members of the Overtown Advisory Board may be
removed for cause by vote of not less than three (3) members of
the City Commission upon written charges after a public hearing,
if the member affeoted requests such public hearing. However,
whenever a member has had within a calendar year, three (3)
consecutive absences or four (4) absenoes within a calendar year
from the regularly scheduled meetings, the highest ranking
officer of the Board shall certify same to the City Clerk. The
City Clerk shall then inform the City Commission in writing that
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the position has been declared vacant and a successor member must
be elected to fill the vacancy. 'three instances of arriving ten
(10) minutes after the scheduled beginning time or leaving before
the termination of the last agenda item at a regularly scheduled
meeting of the board counts as one (1) absence. Upon such
certification, the member shall be deemed to have been removed
and the vacancy shall be filled pursuant to Subsection (o)
hereinabove.
(g) Disqualification of members. If any member finds that
his/her private or personal interests are involved in a
particular matter coming before the Overtown Advisory Board,
he/she shall, prior to the opening of the discussion on the
matter, disqualify himself/herself from all participation
whatsoever in the cause; or he/she may be disqualified by a vote
of not less than a majority of the total membership present of
the Overtown Advisory Board, not including the member about whom
the question for disqualification has been raised.
(h) Assignment of personnel. The City Manager shall assign
a staff person to assist the Overtown Advisory Board. The staff
person, to be known as the Overtown Community Coordinator, shall:
(1) Coordinate the management functions of the
Overtown Advisory Board and perform necessary
administrative duties to include scheduling
meetings of the Overtown Advisory Board, preparing
agendas, and ensuring that proper notice is
provided for such meetings.
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(2) Work with other City departments, publio agenoies,
and private groups, as required, to provide
information to the Overtown Advisory Board on City
funded or assisted activities, developments, or
improvements in the Overtown area.
(3) Prepare minutes of eaoh Overtown Advisory Board
meeting, under the supervision and direction of
the Board. Copies of the minutes shall be filed
with the City.
(4) Prepare summary reports of Board aotions and
transmit same to the City Manager or his designee
to be transmitted to the City Commission.
(5) Prepare budgets, manage revenue funds and maintain
aocountability of funding souroes.
(6) Coordinate the researoh, development and
preparation of reports and policies for projeots
initiated by the Overtown Advisory Board.
(7) Maintain supervision of the offioe of the Overtown
Advisory Board.
(8) Serves as the community liaison between the City
and the Overtown area.
(9) Channel the problems and oonoerns of the
residents, businesses and oommunity groups to the
attention of the Overtown Advisory Board for
resolution or to the appropriate public or private
agenoy for action.
y
(10) Maintain and update the Overtown Resource
Directory.
(11) Follow through with the implementation of all
decisions and actions approved by the Overtown
Advisory Board.
(12) Share information with community organizations and
receive input regarding ongoing or proposed
projects and activities in Overtown.
(13) Schedule the use of the Overtown Advisory Board
Office by community organizations.
(14) Coordinate publication and distribution of the
Overtown Newsletter.
(15) Coordinate projects of the Overtown Advisory Board
with other community organizations and
governmental agencies.
(16) Coordinate with the Redevelopment Authority to
relate its activities to the community and
community organizations, public agencies and the
F
private business sector. i
i
(17) .Perform other duties and responsibilities as
required.
i
.Section 3... Proceedings.
i
(a) Officers. The Overtown Advisory Board shall select a
chairperson and vice-ohairperson from among its members to serve
for a one-year term and may create and fill such other offices as
it may deem necessary or desirable.
(b) Rules of Procedure. The Overtown Advisory Board shall
establish rules of procedure necessary to its governing and the
conduct of its affairs, in keeping with the applicable provisions
of the City Charter, ordinances and resolutions. Such rules of
procedure shall be available in written form to persons appearing
before the Board and to the public upon request.
(c) Meetings. A regular meeting of the Overtown Advisory
Board shall convene at least once per month, except during the
month of August. All meetings shall be open to the public.
(d) Voting; Quorum. All recommendations of the Overtown
Advisory Board shall require a concurring vote of a majority of
the members present. Eight (8) members shall constitute a
quorum. In case of a tie vote such vote shall be construed as a
denial.
Section 4. Compensation.
Members of the Overtown Advisory Board shall serve without
compensation but shall be reimbursed for expenses necessarily
incurred in the performance of their duties, subject to the prior
approval of the City Manager.
Section 5. Financial Disclosure.
All members of the Overtown Advisory Board shall file annual
financial disclosure reports pursuant to law.
Section 6. Functions, powers and duties generally.
The Overtown Advisory Board is hereby authorized to:
(1) Review and recommend to the City Commission
approval, approval with conditions, or disapproval, of all City
funded or assisted activities, developments, or improvements in
the Overtown area.
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(2) Require timely submission of all information as
may be reasonably necessary for the Overtown Advisory Board to
evaluate completely City funded or assisted activities,
developments, or improvements in the Overtown area prior to the
City Commission taking action on such activities, development, or
improvements.
(3) Recommend from time to time to the City
Commission, modifications and/or amendments to the Southeast
Overtown/Parkwest Redevelopment Plan.
(4) Recommend to the Community Development Citywide
Advisory Board activities, developments, or improvements for the
Overtown area.
(5) Adopt and amend its rules and procedures.
Section 7. Resolution No. 82-645 and Resolution
i
No. 85-399 are hereby rescinded in their entirety.
Section 8. All ordinances or parts of Ordinances insofar
as they are inconsistent or in oonfliot with the provisions of
r
this Ordinance are hereby repealed.
Section 9. If any section, part of this section,
paragraph, clause, phrase or word of this Ordinance is declared
invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 10. 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. 11211..
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Seotion 11. This Ordinanoe shall beoome effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 17th day of
November , 1994.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January 9 1995.
STE HEN P. CLA K, MAYOR
AT ES
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ry�l "e, - Za, X�,,
LINDA KELL EAR N
ASSISTANT CITY A TORNEY
APPROVED AS TO FORM AND CORRECTNESS:
LKK/pb/lids/M2086
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CITY OF MIAMI, FLORIDA ,
INTER -OFFICE MEMORANDUM 4 3�
TO: Honorable Mayor and Members DATE November 7, 1994 F'LIE:J-94-952
of the City Commission
FROM : A. Quinn Jones, III
City Attorney
SU'SJECT : City Commission Agenda
For November 17, 1994
The Overtown Advisory Board
REFERENCES:
ENCLOSURES:
Pursuant to the directive given to this office .by the City
Commission at the May 5, 1994 City Commission meeting,
transmitted herewith for first reading is an Ordinance, inter
alias (1) Creating and establishing the Overtown Advisory Board
("Board"); (2) Setting forth procedures for electing members to
the Board; (3) Providing for terms of office, vacancies, and
removal of members; (4) Providing for staff support and
reimbursement of Board expenses; (5) Requiring financial
disclosure; (6) Establishing the Board's powers, duties land
authority;(7) Setting forth Board proceedings, .and (8)
Rescinding, in their entirety, Resolution No. 82-645 and
Resolution No. 85-399.
As stipulated by the City Commission, this office met on
several occasions with representatives from the presently
constituted Overtown Advisory Board to draft this legislation to
be codified in the Code of the City of Miami, Florida, as
amended.
AQJ/LKK/pb/Pl007
fit#
of
MATTY HIRAI
City Clerk
_j'E
~���"., CESAR H. ODIO
City Manager
March 7, 1995
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
Enclosed herewith please find a copy of the following Ordinances s
which amend the Code of the City of Miami, Florida:
11211 11212
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie Puyans
Deputy Clerk
Enc. a/s
(ILTt#IJ of �tamt40,
MATTY HIRAI CESAR H. ODIO
City Clerk �� �` �y City Manager
� � „u,• aun {i'
March 7, 1995
Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11211 11212
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: .t. L _w, . ti
DEPUTY CLERK
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P,O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
MATTY HIRAI
City Clerk
%Z.atij of �ffiiami
i
March 7, 1995
CESAR H. ODIO
City Manager
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11211 11212
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
&S-CICLur
BY: t-c�-12C.ti
DEPUTY CLERK
RECEIVED BY:
DATE:
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Enc. a/s
All interj
is� {��the CI)y
orti�ttiarices ,. r�.
MIAMI DAILY BUSINESS REVIEW
Published Dally 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 We 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. 11211
inthe ....................... X-X- t§£K...................................... Court,
was published Iri said newspaper In the Issues of
Feb 27, 1995
Afflant further says that the geld 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 mall 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 of .advertisement; and afflant further says that she has
neither paid nor promised any person, firm or corporation
any disc , rebate, commlSalorrubilon
or the purpose
of securl this advertlsem In the said
news err'') _ _ .,-
... . ... . ..
Swom to and subscribed before me this
27 February 95
........day of.......................................................:�„±"CA , . ..
1.1;.; Sac
(SEAL)
Octelma V. Ferbeyre personally known toi 6
aiii•`�r
OFFICIAL NOTARY SHAl.
QtiiRYL itl MARMFsit
C OV.mISSION NO. CC191642
MY COMMIbWON r&XP. APR. 12,1996