HomeMy WebLinkAboutLegislation SRSecond Readina Ordinance
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Legislation
Miami, FL 33133
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Ordinance
File Number: 10-00488
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2,
ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED (THE "CODE"), BY AMENDING DIVISION 17 ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT
GROVE BUSINESS IMPROVEMENT DISTRICT BOARD,"TO UPDATE THE
MEMBERSHIP COMPOSITION, THE QUORUM REQUIREMENTS, AND THE
REMOVAL OF MEMBERS; MORE PARTICULARLY BY AMENDING SECTIONS
2-1251 AND 2-1254 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 12, 2009, by Ordinance No. 13059, the City Commission established the
Coconut Grove Business Improvement District Board ("BID Board") to stabilize and improve retail and
other businesses in the Coconut Grove Business Improvement District area through promotion,
management, marketing, and other similar services; and
WHEREAS, the BID Board adopted by-laws that require a revision to the BID Board ordinance
to clarify the membership composition, the quorum requirements at meetings of the BID Board and the
removal of members;
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
and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended ("City Code"), is
further amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 17. COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID BOARD)
City of Miami Page I of 4 File Id: 10-00488 (Version: 2) Printed On: 4/26/2010
File Number.' 10-00488
Sect. 2-1251. Composition; appointment and terms of office of members; filling of vacancies.
(a) The BID Board shall have nineteen 19 voting members and three (3) non-voting members
appointed as follows:
(1) The Commissioner for District 2 shall be a voting member and shall appoint two (2) other voting
members, who shall not require confirmation.
(2) The Chief Executive Officer of the Miami Parking Authority or his/her designee, shall be a voting
member who shall not require confirmation.
(3) Two 2 voting members shall be nominated by the owners of the property located at CocoWalk,
3015 Grand Avenue, Suite 118, Coconut Grove, FL 33133 d/b/a CocoWalk and submitted to the
District 2 Commissioner for appointment and confirmation.
(4) Two 2 voting members shall be nominated by the owners of the property located at Mayfair
Center, 3390 Mary Street, Suite 260, Coconut Grove, FL 33133 d/b/a Mayfair Center and submitted to
the District 2 Commissioner for appointment and confirmation.
(5) The remaining eleven voting members will be seated through the following elective process
enumerated in Section (9):
(66) Four (4) voting members shall be property owners of assessed property within the boundaries of
the BID and submitted to the Dictrint ') f nmmiccinnor fnr nnnnintmont
(67) Two (2) voting members shall be representatives of hotels/lodging establishments within the
boundaries of the BID and submitted to the Di trim 2 Commissinner fnr appointment
BID -
and submitted to the Dictrint `l GGMMiceinner fnr annointrvment
G the BID and s bmi edtoto t�D'6t-int 2 G0mmi66i9ReRt.
(8) Five (5) voting members shall be represented by retail and restaurant/bar (with no less than two
representatives from each category) establishments within the boundaries of the BID.
(9) The eleven voting members cited in items 6 through 8 above, will in accordance with the BID
Board by-laws, be selected for a slate created by the Nominating Committee of the Board, then
confirmed by the Board by a fifty-one percent (51 %) vote of approval, then elected by more than 50%
of votes cast by the property owners of the BID for approval of the slate. Subsequent to election, the
Commissioner of District 2 will confirm the eleven new voting members.
(10) The Commissioner for District 2 shall appoint three (3) non-voting members, who shall not
require confirmation.
Comm;ssiORGF, then the -RI-Q -Reard shall Reminate a 66IGGes6eF(s) until all 15 seats aFe filled by
nominees ..he ore nnnfirmerd by the Di trim 2 /'`o-- inner
(a-9 11) Nomination of initial members. The District"2 Commissioner shall appoint a BID Board
nominating committee to solicit and screen applications, interview candidates and submit nominations
to the District 2 Commissioner for appointment to the initial BID Board.
(44 12) Initial terms. The initial nineteen (19) voting members shall serve terms as follows:
1 Commissioner District 2
3 years
2 Commissioner District 2 Appointee 1
.2 years
3 Commissioner District 2 Appointee 2
1 year
4 MPA Chief Executive Officer
3 years
5 Cocowalk Representative 1
2 years
6 Cocowalk Representative 2
1 year
7 Mayfair Representative 1
3 years
8 Mayfair Representative 2
2 years
City of Miami Page 2 of 4 File Id. 10-00488 (Version: 2) Printed On: 4/26/2010
File Number., 10-00486
9
Property owner 1
1 year
10
Property owner 2
3 years
11
Property owner 3
2 years
12
Property owner 4
1 year
13
Hotel Representative 1
3 years
14
Hotel Representative 2
2 years
15
Restaurant Representative 1
1 year
16
Restaurant Representative 2
3 years
17
Restaurant Representative 3
2 years
18
Retail Representative 1
1 year
19
Retail Representative 2
3 years
(b) Members shall serve terms of three years expiring on August 31 of the third year following their
appointment. Members shall serve a maximum of nine consecutive years, provided that upon the
unanimous vote of the BID Board, the city commission may, by unanimous vote, extend the term of a
member for one additional period of three years. Notwithstanding the foregoing, the initial nineteen
(19) voting members, or anyone appointed to fill a vacancy of a voting member during the initial term,
shall not have their initial term, as identified in section 10, above, counted against the maximum nine
consecutive years. Members shall continue to serve until their successors have been nominated and
appointed. Appointments to fill vacancies shall be for the unexpired term only.
(c) Quorum shall consist of tom► a_majority of the then appointed/elected voting members.
(d) The chairperson of the BID Board shall have the power to appoint the members to the various
committees which the chairperson shall have the power to establish from time to time.
(e) Protection from personal liability. The BID Board shall maintain officers and director's liability
insurance coverage at all times, in an amount and in a form satisfactory to the City's Director of Risk
Management. Nothing in this section shall be construed in any way to limit or waive sovereign
immunity.
Sec. 2-1254. Removal of members.
Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise
a BID Board member as to the basis for his or her removal and after reasonable notice to the BID
Board member and an opportunity for the member to be heard, the BID Board, by a fifty-one percent
(51 %) vote of the Board, may remove a board member:
(1) For cause as defined in Chapter 112, F.S.;
(2) If the member ceases to meet the qualification criteria set forth in section 2-1252 or any additional
qualifications set forth in the current BID Board by-laws; or
(3) As otherwise provided by law.
For purposes of this section, being absent from three consecutive regular BID Board meetings or
committee meetings or from four regular BID Board meetings or committee meetings during a
calendar year shall constitute good cause for removal.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 3 of 4 File Id. 10-00488 (Version: 2) Printed On: 4/2612010
File Number 10-00488
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESSL',
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten 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 or upon the
effective date stated herein, whichever is later.
City of Miami Page 4 of 4 File Id. 10-00488 (Version: 2) Printed On: 4/26/2010