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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance SR.1 IVIldf 11, rL JJ I JJ www.miamigov.com File Number: 08-00840 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING THE DISTRICT 1 HOUSING ADVISORY BOARD ("ADVISORY BOARD") BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE DISTRICT 1 COMMUNITY REVITALIZATION DISTRICT, SETTING FORTH THE ADVISORY BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON DESIGNATED BY THE CITY MANAGER, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 5 TO CHAPTER 12.5 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 99-429, adopted June 29, 1999, the City Commission approved the City of Miami's ("City's") Five Year Consolidated Plan (1999-2004), which outlined the City's various housing and community revitalization strategies for the proposed use of funds received from the United States Department of Housing and Urban Development; and WHEREAS, with the adoption of the City's Five Year Consolidated Plan in 1999, the City Commission approved the establishment of seven (7) Community Revitalization Districts in the City, with the City's initial homeownership development efforts to begin in the Model City neighborhood; and WHEREAS, the City Commission has identified District 1 as the next area to undergo comprehensive redevelopment; and WHEREAS, pursuant to Resolution No. 07-0312, the City Commission allocated for fiscal year 2007-2008 $1.5 Million of HOME Investment Partnerships Program ("HOME") funding for District 1 for the purpose of assisting low and moderate income families to obtain housing, and indicted that this award was one of five awards to be allocated for such purpose; and WHEREAS, pursuant to Resolution No. 08-0302, the City Commission allocated for fiscal year 2008-2009 $1.5 Million of HOME funding for District 1 for such purpose; and WHEREAS, the City Commission wishes to create and establish an advisory board which shall receive its initial sunset review in the Year 2013, and then every four years thereafter, to advise and initiate the District 1 Housing Initiative; and City of Miami Page 1 of 7 Printed On: 7/14/2008 File Number: 08-00840 WHEREAS, the District 1 Housing Advisory Board will provide advice to the City Commission and the Housing and Commercial Loan Committee for the City's revitalization efforts and activities to be undertaken in District 1; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended ("City Code"), is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION * ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY * Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: * (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: * City of Miami Page 2 of 7 Printed On: 7/14/2008 File Number: 08-00840 m. n. o. 2011: Reserved. 2012: Reserved. 2013: District 1 Housing Advisory Board * Section 3. The City Code, is further amended by adding new Division 5 to Chapter 12.5 entitled "Community Revitalization," as follows:{1} "Chapter 12.5 COMMUNITY REVITALIZATION ARTICLE I. Community Revitalization Districts ily. * DIVISION 5. District 1 Housing Advisory Board A limited agency and instrumentality of the City to be known as the District 1 Housing Advisory Board is created and established. Use of the term "Advisory Board' in this division shall mean the District 1 Housing Advisory Board. Sec. (To be determined). District 1 Housing Advisory Board - jurisdictional authority/ -geographic-boundaries--- The Advisory Board shall advise and initiate the District 1 Housing Initiative, and exercise the powers and duties set forth below. for the District 1 Community Revitalization District described as follows: the geographical area consisting of City Commission District 1 in the City of Miami, Florida, pursuant to district boundaries set forth by resolution of the Miami City Commission pursuant to the Miami City Charter. Sec. (To be determined). District 1 Housing Initiative. This District 1 Housinq Initiative is the third implementation of the Citv's revitalization efforts to redevelop Community Revitalization Districts throughout the City. Sec. (To be determined). Purpose; powers and duties. Purpose. The Advisory Board, in cooperation with the City Manager and City of Miami Page 3 of 7 Printed On: 7/14/2008 File Number. 08-00840 City departments, shall be responsible for advice, oversight, and facilitation of the City's revitalization efforts for the redevelopment of the District 1 Community Revitalization District in a manner consistent with the strategy identified in the Five Year Consolidated Plan, adopted by the City Commission in 1999. Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Advisory Board shall advise the City Commission on revitalization activities and: 1. establish policy for the revitalization efforts in the District 1 Community Revitalization District; and 2. advocate the purposes of the Advisory Board; and 3. assist and advise the City Commission. the City Manager, the Housing and Commercial Loan Committee, the City departments and other public officials and entities concerning the revitalization initiatives in the District 1 Community Revitalization District; and 4.promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the District 1 Community Revitalization District; and 5.establish programs and activities eligible for funding under the HOME Investment Partnerships Program for the District 1 Community Revitalization District; and 6.solicit grants, contributions and financial and non -financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities to further the purpose of the Advisory Board; and 7.implement full -and -active participation and cooperation with public and private entities in furtherance of the Advisory Boards purpose to oversee and facilitate the revitalization of the District 1 Community Revitalization District to improve the quality of life for residents of the neighborhood. Sec. (To be determined). Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members including the Public Advocate; officers; quorum and voting; meetings; and attendance requirements. 0_1 Governing body -composition and appointments. The Advisory Board shall consist of five members, one of whom shall be a public advocate who shall be a homeowner in City Commission District 1, and four individuals from professional disciplines, who shall be appointed by the District 1 Commissioner and confirmed by the City Commission, as hereinafter set forth. City of Miami Page 4 of 7 Printed On: 7/14/2008 File Number: 08-00840 (b) Terms of office and vacancies. Members shall be appointed by the District 1 Commissioner for a term of four years. The District 1 Commissioner shall appoint an individual to fill a vacancy due to the death, resignation or removal of any member of the Advisory Board, which person shall serve only for the remainder of the unexpired term. Nothing set forth herein shall prohibit any individual from being reappointed, subject to the provisions of Section 2-885 of this Code. (c) Membership qualifications. All Advisory Board members shall be 18 years of age or older. All members, except the public advocate, shall broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas: residential construction, development,. architecture and engineering. planning, zoning and land use law. economic development, historic preservation and restoration, administration. fiscal management, and community involvement. The public advocate shall be a full time homeowner, residing in City Commission District 1 and shall advocate for the concerns of District 1 residents. Each member of the Advisory Board shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community, have a demonstrated interest in the revitalization of District 1 and the vision of the Advisory Board, and is expected to participate actively in the functioning of the Advisory Board. Procedure for appointment of members. The Commissioner of District 1 shall nominate individuals for membership on the Boardto be ratified by the City Commission. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Advisory Board shall assume the duties of a member of the Advisory Board. Lel Officers. The members of the Advisory Board shall elect from its members a chairperson and vice -chairperson, and designate a secretary and such other officers deemed necessary. The chairperson of the Advisory Board shall have the power to appoint all members serving on the various committees which the Advisory Board shall establish from time to time. in Quorum and voting. At all meetings of the Advisory Board, a minimum of three members shall constitute a quorum for the transaction of business. and each member shall have one vote on every issue submitted to a vote of the Advisory Board. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Advisory Board. The members of the Advisory Board may make and adopt bylaws and rules for the Advisory Boards governance. 1s1 Meetings. The Advisory Board shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. Whenever possible, the meetings of the Advisory Board shall be held in District 1. All meetings of the Advisory Board shall be public meetings. Written minutes of the proceedings of all actions taken at the meetings of the Advisory Board shall be maintained property recorded and submitted to the City Clerk. City of Miami Page 5 of 7 Printed On: 7/14/2008 File Number: 08-00840 221 Attendance requirements. A member shall be automatically removed if in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings within a twenty four (24) month period without an excused absence. Sec. (To be determined). Staff Liaison; assignment, qualifications, general powers and responsibilities. There shall be an individual or individuals who shall be specifically assigned to the Advisory Board by the City Manager to facilitate its activities. The City Manager shall assign a permanent employee of the Community Development Department for the purpose of assisting the Board. The employee assigned by the City Manager shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability. The employee assigned by the City Manager shall act as the liaison to the Advisory Board and the Administration and shall have general supervision over and be responsible for the management and operation of all Advisory Board activities. The employee shall attend all meetings of the Advisory Board, shall furnish the City Commission with a quarterly report with respect to the revitalization initiatives, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the revitalization initiatives to the City Commission as may be requested by the Advisory Board or the City. In the event that the employee is for any reason temporarily incapable of exercising the powers and performing the duties and assigned functions, the City Manager shall designate an employee to perform such functions and duties until such incapacity of the permanently assigned employee ceases. Sec. (To be determined). Counsel. The City Attornev's Office shall provide legal counsel to the Advisory Board as may be necessary and requested by the Advisory Board. Sec. (To be determined). Approval of budget. Lal Effective immediately, the Advisory Board shall immediately review the budget for the District 1 Housing Initiative and submit its recommendation to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, an Advisory Board budget request pertaining to management operation, maintenance and capital expenditures and delineating the financial responsibility of the City for certain categories, including but not limited to, its recommendations for insurance, security, utilities, capital improvements and maintenance and any other improvement to the District 1 Community Revitalization District. Nothing contained herein shall be construed to prohibit the Advisory Board from submitting a supplemental budget to the Commission for approval. No provision contained in this Article shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. City of Miami Page 6 of 7 Printed On: 7/14/2008 File Number: 08-00840 Sec. (To be determined). Sunset Review of the Advisory Board. Notwithstanding the provisions contained in Section 2-892 of this Code, the Advisory Board shall be initially reviewed in 2013. Thereafter the Advisory Board shall be reviewed every four Years. Sec. (To be determined). Abolition of the Advisory Board. The City Commission may, by an affirmative four -fifths (4/5ths) vote, abolish the Advisory Board, at which time the powers and duties of the Advisory Board shall revert to the City and the City shall resume responsibility for the District 1 Housing Initiative. *I, Section 4. All ordinances or parts of ordinances insofar as they 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 thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. B 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 7 of 7 Printed On: 7/14/2008