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Home My WebLink AboutLegislation FR/SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00099 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"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/ COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID BOARD ), MORE PARTICULARLY BY AMENDING SECTION 2-1251, TO UPDATE THE MEMBERSHIP COMPOSITION TO ALLOW THE DISTRICT 2 COMMISSIONER TO APPOINT NON -VOTING MEMBERS AS MAY BE NECESSARY FROM TIME TO TIME AT HIS OR HER DISCRETION; 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 desires to authorize the District 2 Commissioner to appoint non -voting members as may be necessary from time to time at his or her discretion, for the purposes of carrying out the BID Board purposes; and WHEREAS, the BID Board adopted by-laws to this effect that require a revision to the BID Board ordinance to clarify the membership composition for the BID Board; 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, Article XI, Division 17 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION * * * ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS * * * City of Miami Page I of 4 File Id: 11-00099 (Version: 1) Printed On: 1/31/2011, File Number. 11-00099 DIVISION 17. COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID BOARD) 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 as may be necessary from time to time, at the discretion of the District 2 Commissioner, 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): (6) Four (4) voting members shall be property owners of assessed property within the boundaries of the BID. (7) Two (2) voting members shall be representatives of hotels/lodging establishments within the boundaries of the BID. (8) Five (5) voting members shall be represented by retail and restaurant/bar (with no Tess 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 as -may -be_ necessary from time to time, at the discretion of the District 2 Commissioner, who shall not require confirmation. (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. (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 9 Property owner 1 1 year City of Miami Page 2 of 4 File Id: 11-00099 (Version: 1) Printed On: 1/31/2011 File Number. 11-00099 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 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. * *II 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. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRe, &� CITY ATTORNEY City of Miami Page 3 of 4 File Id: 11-00099 (Version: 11 Printed On: 1/31/2011 File Number: 11-00099 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: 11-00099 (Version: 1) Printed On: 1/31/2011