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HomeMy WebLinkAboutLegislation SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01711 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," TO AMEND: (I) MEMBERSHIP QUALIFICATIONS, (II) THE TIME IN WHICH THE CITY COMMISSION MAY REJECT AN APPOINTEE FOR OFFICE, (III) TERM OF OFFICE, (IV) THE BOARD'S POWER TO EMPLOY STAFF, AND (V) BASIS FOR REMOVAL OF BOARD MEMBERS; PROVIDING FOR THE AMENDMENTS TO APPLY AS OF AUGUST 1, 2006; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Downtown Development Authority, at is meeting of July 21, 2006, adopted a resolution recommending to the City Commission an amendment to the ordinance governing the Downtown Development Authority changing the composition of the board, the term of service, and the procedure for removal of members, and other non -substantive provisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 14/Article II/Division 2, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "Chapter 14 DOWNTOWN DEVELOPMENT ARTICLE II. DOWNTOWN DISTRICT DIVISION II. DOWNTOWN DEVELOPMENT AUTHORITY Sec. 14-52. Downtown development authority board --Composition; appointment and terms of office of members and executive board; filling of vacancies. City of Miami Page 1 of 6 Printed On: 1/2/2007 File Number: 06-01711 (4) The remaining 12 members shall be appointed by the then current board of directors of the authority and submitted to the city commission for confirmation. At least eight of the 12 appointees must be property owners, as provided in section 14-53, below. The board shall include at least one member from each sub -district created by the authority from time to time. A proposed member shall not be a member of the board of directors of the authority until confirmed by the city commission. In the event that an appointee is rejected by the city commission, then the board shall appoint a successor(s) until all 12 seats are filled by appointees who are confirmed by the city commission. (5) In the event the city commission does not reject a proposed member appointed by the board of county commissioners or by the cabinet of the state within the next 2 meetings of the city commission taking place after the date the city commission is notified of such appointment, then said appointee shall be deemed confirmed by the city commission. If, however, any such appointee is rejected by the city commission within the aforementioned ten day period, then the board of county commissioners andlor the cabinet of the state shall have a period of ten 10 days, after being notified of the rejection, in which to appoint a replacement, who shall be again subject to confirmation by the city commission. In the event that the appointee is, again, rejected by the city commission, then the board of directors of the authority shall have the right to fill the vacant position(s) in the manner provided in subsection (6) below. (6) In the event that the board of county commissioners or the cabinet of the state fails to appoint a member within 30 days from the date that the nomination is requested by the board of the authority, or within ten 10 days after being notified of the rejection of a nominee, then the board may appoint proposed members(s) for said positions. The proposed members for the county and state seats shall be individuals who, in the opinion of the board, have the necessary qualifications and credentials to represent the board of county commissioners and/or the cabinet of the state. The appointee(s) shall be submitted to the city commission for confirmation, and shall be deemed confirmed unless the appointment is rejected by the city commission within the next 2 meetings of the city commission taking place after the date the city commission is notified of said appointment. In the event of a rejection, the board shall have the right to continue to submit the name of appointee(s) until confirmation by the city commission. (c) shall-thakc their res he uthority. The 1-2-rncmbcrc nominated by the board of directors a section that of three years. Members shall serve terms of three 4 years expiring on August 31 of the fourth year of their term. Members shall serve a maximum of 8 consecutive nears, provided that upon the unanimous vote of the board, the city commission may, by unanimous vote, extend the term of a member for 1 additional period of 4 years. Notwithstanding the foregoing, members who, as City of Miami Page 2 of 6 Printed On: 1/1/2007 File Number: 06-01711 of the effective date of this section, have served on the board for a period in excess of 8 years shall be permitted to finish their term and may serve for 1 additional period of 4 years upon the unanimous vote of the board and the city commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. (ems Quorum shall consist of five members. Rules of procedure of the board may require up to nine members to be present in person or by telephone to take board action. * * * Sec. 14-54. Same --Meetings; rules and regulations; compensation of members. The board shall adopt and promulgate rules governing its procedures subject to approval by the city commission and shall hold regular meetings no less often than once each month, except for any month in which the city commission is not in session. Special meetings may be held when called in the manner provided in the rules of the board. All meetings of the board shall be open to the public. Each member of the board shall serve without compensation. Sec. 14-55. Same --Removal of members. or the board of directors of the authority. (c) Removal under the provicions of this subsection chatl be final and conducive. Notwithstanding anything in the Code to the contrary, by resolution s,pecifvinq facts sufficient to advise a board member as to the basis for his or her removal and after reasonable notice to the board member and an opportunity for the member to be heard, the city commission or the board of directors, may remove a board member: 1a) for cause, (b) upon the occurrence of an event hat causes the member to cease to meet their qualification criteria set forth in Section 14-53, or (c) as otherwise provided by law. For purposes of this section, being absent from three (3) consecutive regular board meetings or from four (4) regular board meetings during a calendar year shall constitute good cause for removal. Sec. 14-56. Same --Powers and duties. (a) The board, subject to the provisions of this article, and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation for profit. It shall exercise supervisory control over the activities of the executive director and the staff of the downtown development authority in carrying out the functions authorized by this article. (b) It shall be the duty of the board, and it shall have the power, to do the following: City of Miami Page 3 of 6 Printed On: 1/2/2007 File Number, 06-01711 (1) Appoint an executive director and other ctaff members who shall be employed upon resemrn ; prescribe their his/her duties; and fix their his/her compensation, which shall be paid from funds available to the authority. These -staff members shall be employed by the executive director, and shall have no civil service rights or privileges. Sec. 14-58. Employees generally. 111 The board shall employ and fix the compensation, subject to the approval of the city commission, of the fe hawing executive director of the board, who shall serve at the pleasure of the board.: (1) A The executive director, who shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be eligible to hold the position of executive director. Before entering upon the duties of his office, the executive director shall take and subscribe to the oath and furnish bond as required of members of the board. He/she shall be the chief executive officer of the downtown development authority and shall devote his/her entire time and attention to the duties of his/her office. He/she shall not, while serving as executive director, engage in any other business or profession. Subject to the approval of the board, and direction by it when necessary, he/she shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized in this article. He/she shall attend all meetings of the board and shall render to the board, the mayor and to the city commission, a monthly report covering the activities and financial condition of the authority. In the absence or disability of the executive director, the board may designate a qualified person to perform the duties of the office as acting executive director. The executive director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require. (2) Subject to the approval of the board, the executive director shall employ and fix the compensation of: La.) A treasurer, who shall keep the financial records of the authority and who, together with the executive director, shall a-p perform such other duties as may be delegated to him/her by the board. At the discretion of the board, the functions of the treasurer may be performed by an outside professional retained and approved by the board for these purposes. (3-b) A secretary, who shall maintain custody of the official seal and of all records, books, documents or other papers not required to be maintained by the treasurer. The secretary shall attend all meetings of the board and keep a record of all its proceedings. The secretary shall perform such other duties as may be delegated by the board. (4-c) Such clerical, technical and professional assistance, including, but not limited to, engineering, planning, economic research and other fields, as shall in the opinion of the board be necessary to provide for the efficient performance of the functions of the board. Sec. 14-59. Annual budget; source of funds. (a) No later than 30 days prior to the date the city commission establishes the millage rate for the city, the executive director shall prepare for the approval of the board a budget for the operation of the downtown development authority for the ensuing fiscal year. The budget shall be prepared in the same manner as required of all departments of the city. When approved by the board it shall not require City of Miami Page 4 of 6 Printed On: 1/./2007 File Number: 06-01711 approval of any officer or body of the city other than the city commission. No funds of the city may be included in the budget of the authority except those funds authorized in this article. Sec. 14-60. Annual ad valorem tax levy in downtown district; disposition of funds. The city commission is authorized to levy an additional ad valorem tax on all real and personal property in the downtown district as described in this article, not exceeding one-half mill on the dollar valuation of such property, for the purpose of financing the operation of the downtown development authority. This levy of one-half mill per dollar ad valorem tax shall be in addition to the regular ad valorem taxes and special assessments for improvements imposed by the city commission. The tax collector shall transmit funds so collected to the appropriate officer of the city responsible for the handling of the public money who shall deposit the same in the city treasury to the credit of the authority. Such money shall be used for no purpose other than those purposes authorized in this article and, upon approval of the board, pursuant to vouchers signed by the a minimum of two authorized signatories of the authority. Authorized signatories include the executive director and at least two members of the Board of Directors. The funds of the authority shall be secured as other public funds are secured. Other money received by the authority shall forthwith be deposited in the city treasury to the credit of the authority, subject to disbursement as authorized in this article. The city shall not obligate itself nor shall it ever be obligated to pay any sums from general public funds, or from any public funds other than money received pursuant to section 14-59 for or on account of any of the activities of the authority. Section 3. The amendments contained in this Ordinance shall apply as of August 1, 2006. Section 4. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: ORGE .'FCRNANDEZ CITY ATOR EY Footnotes: City of Miami Page 5 of 6 Printed On: 1/2/2007 File Number. 06-01711 {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. Oily of Miami Page 6 of 6 Printed On: 1/2/2007