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Home My WebLink AboutO-13171Vop City of Miami W F .. is,.,"�, *'Ir Legislation i 0 R �O Ordinance: 13171 File Number: 10-00488 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/13/2010 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"), BYAMENDING 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 Miand Page 1 of 4 File Id. 10-00488 (Version: 2) Printed On: 7/27/2017 File Number: 10-00488 Enactment Number: 13171 Sect. 2-1251. Composition; appointment and terms of office of members; filling of vacancies. (a) The BID Board shall have nineteen 19 yqttg 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): (56) Four (4) voting members shall be property owners of assessed property within the boundaries of the BID and submitted to the Dictrint 2 Commissioner for appeintmont (67) Two (2) voting members shall be representatives of hotels/lodging establishments within the boundaries of the BID and submitted to the Dictrint 2 Commissioner for appeintmont (7) Three (3) members shall be representatives of restaurants/bars within the boundaries of the and submitted to the District 2 Commissioner for appeintmont (8) Two (2) members shall be representatives of the retail rneFGhant GOMmunity within the boundaries of the BID and submitted toth�tFiCt 2 Commission for appointme (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. (9N) The members shall be nominated by the then GUrrent board of the BID Board and submitte the DiStFiGt 2 Commissioner fer appointment. in the event that a nerninee is rejeGted by the Distri Commissioner, then the BID Board shall nominate a SUGGesser(s) unto! all 15 seats are foiled by nnminoos Whn aro nnnfirmed by the Dictrint 2 Commissioner. (4-011) 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 City of Miand Page 2 of 4 File Id. 10-00488 (Version: 2) Printed On: 7/27/2017 File Number: 10-00488 Enactment Number: 13171 8 Mayfair Representative 2 2 years 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 te+R 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 City of Miand Page 3 of 4 File Id. 10-00488 (Version: 2) Printed On: 7/27/2017 File Number: 10-00488 Enactment Number: 13171 Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} 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: 7/27/2017