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Home My WebLink AboutO-09363a ORDINANCE N0,' AN ORDINANCE AMENDING SUCTION 14-29, ENTITLED "DOWNTOWN DEVELOPMENT AUTHORITY BOARD - REMOVAL OF MEMBERS", OF THE CODE OF THE CITY OF MIAM15 FLORIDA, AS AMENDED, BY RENUMBERING THE EXIST- ING SECTION TO READ SUBSECTION (a) AND BY ADDING NEW SUBSECTIONS (b) AND (c), THEREBY PROVIDING FOR THE EXERCISE BY THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE POWER TO REMOVE BOARD MEMBERS FOR NONATTENDANCE AT BOARD MEET- INGS AND PROVIDING AN APPEAL PROCEDURE TO THE CITY COMMISSION BY ANY MEMBER REMOVED FOR SUCH NONATTENDANCE; FURTHER CONTAINING A REQUIREMENT THAT PRIOR WRITTEN NOTICE BE GIVEN ANY MEMBER WHOSE REMOVAL IS THE SUBJECT OF CONSIDERATION AT A CITY COMMISSION MEETING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 14-29 of the Code of the City of Miami, 1/ Florida, as amended, is hereby amended in the following particulars: "Sec. 14-29. Same --Removal of members. (a) Pursuant to notice and an opportunity to be heard, an appointed member of the board may be removed for cause by the city commission. Any such removal shall be subject to review by the circuit court of the circuit having juris- diction. (b)(i) Pursuant to notice and an opportunity to be heard, an appointed member may be removed by the board for nonattend- ance at board meetings. (ii) Absence of a board member from 3 consective reeu- lar meetings of the board without evidence of extenuatin circumstance shall constitute prima facie proof of good cause for his or her removal from the board. Absence of a board member from 5 regular meetings of the board during a period of 12 consecutive months without evidence of extenuating cir- cumstance shall also constitute prima facie proof of good cause for his or her removal from the board. (iii) An affirmative vote of a majority of all board members shall be required prior to the removal by the board for nonattendance. (iv) Removal under the provisions of this subsection shall be final and conclusive except that within 15 calen- dar days after notice of such removal has been sent by certi- fied mail, return receipt requested, to said member, he or she shall have the right to appeal in writing, through the filing of said appeal with city clerk, to the city commission which may by an affirmative vote of four -fifths of the members of the commission disapprove such removal, Upon failure of the city commission to disapprove the removal after its con- sideration of the same, said removed member shall have the right to have the removal reviewed by a court of proper juris- rliPt-inn_ 1/ Underscored words and/or figures constitute the amendment pro, posed. Remaining provisions are now in effect and remain un- changed. ,ItA NOTE: The time period which may be used in calculating absences under Section 14-29(b) hereof shall not retroactive beyond January 1, 1981. such be (c) At any meeting of the city commission when the subject of a board member's removal is considered, there shall have been written notice sent not less than 20 days before the date of such meeting by certified mail, return receipt requested, to the last known address of said member." Section 2. 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 3. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED ON FIRST READING BY TITLE ONLY this loth day of December , 1981. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of January , 1982. ATTEST...ram ' •: •� r � arc:% �Y v' RAPPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPRCV, AS TO FORM' ND CO RECTNESS: GEORGX F. KNOX, JR CITY A17TORNEY -2- Maurice A. Ferre M A Y 0 R ■ ■ RESOLUTION NO, 81-14 A RESOLUTIO!l A!IEi;DINIG THE RULES OF PRO CEll, 11FE OF THE BOAPO OF THE DOUINTlOI,'N DEVELOP'•1EN" A►U"HOP,ITY OF THE CITY OF � 101,I; FLO'?IDA, BY AID I1IG A "IEW PULE ENTITLED: "P.EP'OVAL" WHICH PROVIDES THAT THE ABSENCE OF A BOARD MEMBER FROM 3 CONSECUTIVE REGULAR BOARD ';EETINGS CP, ABSENCE OF A BOARD MEMBER FROM 5 REGULAP BOARD MEETINGS DUPING A PERIOD OF 12 CONSECUTIVE MONTHS WITHOUT EVIDENCE OF EXTENUATING CIPCUMSTANCES SHALL CONSTITUTE PRIMA FACIE PROOF OF GOOD CAUSE FOR SUCH MEMBER'S REMOVAL FRO"I THE BOARD; FURTHER PROVIDING THAT A VOTE OF A MAJORITY OF THE BOARD MEMMERSHI P SHALL BE REQUIRED FOR REMOVING A BOARD MEMBER FROM OFFICE FOR NON ATTENDANCE. WHEREAS, rules of procedure of the Board of the Downtown Development Authority of the City of Miami, Florida, were established under Resolution No. 68-023, adopted August 2, 1975, by the Board of the Downtov.n Development Authority; and WHEREAS, it is necessary to add a provision to said rules concerning the removal of Board members from office; NM4, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DOWNTOIvIN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA THAT: Section 1. The following addition to the rules of procedures for all activities of the Downtown Development Authority is hereby -a-p�proved and adopted: "7. P,emoval Absence of a Board member from 3 consecutive regular meetings of the Board without evidence of extenuating circumstance shall constitute prima facie proof of good cause for his or her removal from the Board. Absence of a Board member from 5 regular meetings of the Board during a period of 12 consecutive months without evidence of extenuating circumstance shall also constitute prima facie proof of good cause for his or her removal from the Board. A vote of a majority of the Board membership shall be required prior to the removal of a Board member for non attendance = as stated above. PASSED AND ADOPTED THIS �1 DAY OF "- _ . �, 19si . ATTEST: 'Ierc&des F a I e r o 1'ayor Ma A, F e r r e Executive Secretary Chairr,an au t:enzi e F).c-cutive Pi rector 0` �"' All interested Will take notlCe that 1082, the City Commission of Miathl, tilled o►dlnanCes: 14th day of January, adopted the fbllowirtg MIAMI REVIEW AND DAILY RECORD 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 Advertising of the Miami Review and Daily Record, 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 IN RE: ORDINANCE NO. 9362, etc. In the ............. X.. X. _ X ................. Court, was published In said newspaper In the issues of Jan 20.,.,19.82 ...:.......................... Atflant further says that the said Miami Review and Daily Record 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 of advertisement; and afflant further says that she has neither paid not promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this adveJ isement for publication �: e,.saidi newspaper. l: �r.-c li•. 8yrbm to and subscribed before/me this 20thday of Jeri ...... ......., A.D. 19 2... G }' ' • " '..Betty J. Brooks G'»Notary Public, State of, Florida at Large (SEAL) My Commission axpir6&,4yrns A '1983 IEr ,,;I, MR tit ORDINANCE NO.9362 AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDI- NANCE NO. 021, ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, IN THE AMOUNT OF $105,595; BY INCREASING THE REVENUE FOR THE GENERAL FUND, INTERGOVERNMENTAL REVENUE, IN THE AMOUNT OF $105,595, FOR THE PURPOSE OF FUNDING A COMPREHENSIVE HAITIAN SOCIAL SERVICE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. ORDINANCE NO.9363 AN ORDINANCE AMENDING SECTION 14.29, ENTITLED "DOWNTOWN DEVELOPMENT AUTHORITY BOARD — REMOVAL OF MEMBERS", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY RENUMBERING THE EXISTING SECTION TO READ SUBSECTION (a) AND BY ADDING NEW SUBSECTIONS (b) AND (c). THEREBY PRO. VIDING FOR THE EXERCISE BY THE BOARD OF THE DOWN- TOWN DEVELOPMENT AUTHORITY OF THE POWER TO REMOVE BOARD MEMBERS FOR NONATTENDANCE AT BOARD MEETINGS AND PROVIDING AN APPEAL PROCE- DURE TO THE CITY COMMISSION BY ANY MEMBER REMOVED FOR SUCH NONATTENDANCE; FURTHER CONTAINING A REQUIREMENT THAT PRIOR WRITTEN NOTICE BE GIVEN ANY MEMBER WHOSE REMOVAL IS THE SUB- JECT OF CONSIDERATION AT A CITY COMMISSION MEET- ING; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE. ORDINANCE NO, 9364 AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY ACCOUNT ENTITLED "LOCAL GOVERNMENT CRIME CON- TROL PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $356,192; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. ORDINANCE NO. 9365 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.9353, ADOPTED NOVEMBER 19, 1981, THE CITY'S CAP- ITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1981.82; BY APPROPRIATING AN AMOUNT OF $160,000, FROM UNALLOCATED FY 1982 FLORIDA POWER AND LIGHT FRANCHISE EARNINGS, TO INCREASE APPRO- PRIATIONS FOR PROJECT IX.B.i23, RENOVATION OF GEN- ERAL ACCOUNTING; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION: ORDINANCE NO.9366 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO, 9321 ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FIS- CAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE ENTER- PRISE FUND, IN THE AMOUNT OF $122,200 FOR MARINE STADIUM, AND BY INCREASING ENTERPRISE FUND REV. ENUE IN THE SAME AMOUNT FROM FACILITY RENTALS ($62,500), CONCESSION REVENUE ($42,000) AND REIMBURSEMENT REVENUE ($17,000) AT MARINE STADIUM FOR THE PURPOSE OF OPERATING SAME FOR THE REMAIN- DER OF FY '82; CONTAINING A REPEALER PROVISION; AND A SEVERABILITY CLAUSE. ,,.v.. . .✓ , a..nnv, �. , , vv+vu.. r.,.v v:.rrtia•u^-_ . ING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION. DF'1 i 9Z RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA �FCQ.FI.OQ _ Publication of this Notice on the 20 day of January 1982 1120 M82.012014 00DIVS op 1.011;11; aI Null 'iw` VOVSOd V17103 VIUVW *SAV 1191191iS jO 3JVIkiFJVIWVV4 N 3H1 Ski NI !s 1a' liaN►lIpS NOJ�IIINVd 118t1yoD;a�) 40nF VI j41-MIVId 3HJ. HOd Jt3Nuoj IN 459G1•�B "ON NOI.L0V IIAIQ )IJaIO r-AIJ94s +(1600,9 'A I.Nn00 3QVQ Ja1so,4 90pnill Aq HOd GNV NI 'VOIdOId 40 '1 ,LlnOdiJ IVIpIOnr H�N3A393 UsoS ti.tllde d VQikiO'I3NnO�VQ ►a 3H1 �o �.r�noa �.lnoala 3H,� NI �Q �diki3HS IxullOONd Will 9f 301AISINS At11 t1NQ� 3NOr "1 A>33GI> a01i•;ay ;10 3014.Q1i t �IGrenus�l0 deA f,119} SlY1 Rir'1VL vsozlo-zav� 0►•E� �.�o;Rr4 _ _ � v:.... �a��a�u� �Q is. 1 , 4"11cel ni ERwOPP1&. MEMORA&UM downtown d¢u¢lapmant authority COOP TO: Howard Gary 6AT8: November 24, 1981 FROM: Roy F. Kenzie REFERENCE: Amendment to Section 14-29 of the Miami Code providing for removal of DDA Board members for non-attendance at meetings Recommendation It is recommended that the city commission pass an ordinance amending Section 14-29, entitled "Downtown Development Authority Board - Removal of Members", of the Code of the City of Miami, Florida, as amended, by renumbering the existing section to read subsection (a) and adding new subsections (b) and (c), thereby providing for the exercise by the Board of the Downtown Development Authority of the power to remove board members for nonattendance at Board meetings and providing an appeal procedure to the City Commission by any member sought to be removed for such non-attendance and further containing a requirement that prior written notice be given any member whose removal is the subject of consideration at a City Commission meeting. Background The DDA Board at its August meeting passed the enclosed resolution regarding removal of Board members for nonattendance at meetings. The resolution was precipitated by the difficulty in achieving a quorumatBoard meetings at which the important matters affecting downtown are discussed and acted on. Passage of the attached ordinance is essential if the DDA is going to be an effective body representing the views and concerns of the entire downtown community. Board members unwilling to fulfill their responsibility to attend _the mgi;.thly meetings are doing a disservice to the downtown community and the =Ci ty GPO 11i ami . `RFK/q CJ id 1► 2099 one bircayne tower • miomi , flodda 33131 • telephone (305) 579-GG75