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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01204 Final Action Date: 7/13/2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST"), PURSUANT TO ORDINANCE NO. 12082, ADOPTED JULY 10, 2001, BY REPEALING ALL SECTIONS RELATED TO THE MODEL CITY TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST BY DESIGNATING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, SETTING FORTH THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH, AND TO OWN AND DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT; PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 2 TO CHAPTER 12.5, OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 04-0374, adopted June 10, 2004, the City Commission approved the City of Miami's ("City's") Five Year Consolidated Plan (2004-2009), which outlined the City's various community revitalization strategies; and WHEREAS, the Liberty City Community Revitalization Trust will provide oversight and facilitate the City's revitalization efforts and activities to be undertaken in the Liberty City area; and WHEREAS, the City Commission wishes to create and establish the Liberty City Community Revitalization Trust which shall receive its initial sunset review in the Year 2010, and then every four years thereafter, and to advise and initiate the redevelopment of the Liberty City area; 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. Ordinance No. 12082, adopted July 10, 2001 which amended the Code of the City of Miami Page 1 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 City of Miami, Florida, as amended, by amending Section 2-892 and adding new Division 2 to Chapter 12.5 of the Code, which created the Model City Community Revitalization District Trust is repealed in its entirety, thereby deleting all sections relating to the Model City Community Revitalization District Trust, and new Sections, as set forth in Sections 3 and 4 herein below are substituted in lieu thereof. Section 3. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended, 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: * j. 2007: * * * 1, Model City Homeownership trust. 2, 1. Little Havana Homeownership Advisory Board. 3: 2. Community Technology Advisory Board k. 2010: 1. Liberty City Community Revitalization Trust City of Miami Page 2 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 * * * * * *I1 Section 4. Chapter 12.5, Division 2, of the Code of the City of Miami, Florida, as amended, is repealed in its entirety and is amended in the following particulars:{1} "Chapter 12.5 COMMUNITY REVITALIZATION ARTICLE I. Community Revitalization Districts DIVISION 2. Liberty City Community Revitalization Trust Sec. (To be determined). Liberty City Community Revitalization Trust created. A limited agency and instrumentality of the City to be known as the "Liberty City Community Revitalization Trust" is created and established. Use of the term "Liberty City Trust" in this division shall mean the Liberty City Community Revitalization Trust. Sec. (To be determined). Liberty City Trust - jurisdictional authority. The Liberty City Trust shall exercise the powers and duties for the area in Liberty City ("Area") described as follows: Using City of Miami Boundary on the north and 195 as a Point Of Beginning ("POB"), running south on 195, to SR 112, west on SR 112 to NW 17th Avenue, north on NW 17th Avenue to NW 58 Street, west on NW 58 Street to the City of Miami Municipal Boundary, then running along the City of Miami Municipal Boundary north, then east, then north then east to 195, POB, all in the City of Miami, Miami -Dade County, Florida as depicted in Attachment "A." Sec. (To be determined). Purpose; powers and duties. (a) Purpose. The Liberty City Trust, in cooperation with the City Manager, the Department of Community Development and other City departments, shall be responsible for oversight and to facilitate the City's revitalization efforts for the redevelopment of the Area in a manner consistent with the strategy identified in the Five Year Consolidated Plan, adopted by the City Commission in June, 2004. The Liberty City Trust shall promote economic development, business and commerce in the Area. The Liberty City Trust shall develop and execute a plan to create jobs, attract industry and facilitate the production of goods and services in the Area for residents and non-residents. It will facilitate the development of affordable housing, engage in homebuyer assistance programs and market the Area to encourage former residents and others to locate to the Area. (b) Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Liberty City Trust shall City of Miami Page 3 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 be empowered to take all actions necessary including, but not limited to, activities which: 1. establish policy for the revitalization efforts in the Area; and 2. advocate the purposes of the Liberty City Trust; and 3. assist and advise the City Commission, the Department of Community Development, other departments and other public officials and entities concerning the revitalization initiative in the Area; and 4. promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the Area; and 5. solicit and accept 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; and 6. implement full and active participation and cooperation with public and private entities in furtherance of the Liberty City Trust's purpose to oversee and facilitate the revitalization of the Area to improve the quality of life for residents of this neighborhood; and 7. participate in any other fundraising activity, whether solely involving the Liberty City Trust or involving partnerships with other persons or public or private organizations, which furthers the Liberty City Trust's purpose; and 8. to sue and be sued, plead and implead; 9. to contract and be contracted with, pursuant to Section 18-85(h) of the City Code, as may be amended from time to time; 10. to acquire, own and dispose of real property. Except, if City funds are used to acquire the real property, development and disposition of the real property shall require City Commission approval. (d) Notwithstanding any provisions to the contrary, the Liberty City Trust shall exercise only such powers as are granted pursuant to this division. Sec. (To be determined). Scope. (a) The Liberty City Trust shall have the responsibility to review and evaluate issues related to the major development of real property in the Area and shall provide recommendations and advice to the City Commission concerning those issues and only such other matters as are referred to it by the City Commission in regard to real property in the Area. The City Commission shall not be bound by any recommendation or advice received from the Liberty City Trust. The Liberty City Trust is expected to be aware of City policies concerning the major City of Miami Page 4 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 development of real property in the Area and coordinate its endeavors with City departments, committees and boards which will be affected by the Liberty City Trust's recommendations and advice. (b) The Liberty City Trust shall be informed of issues concerning the major development of real property in the Area for its input and advice at the conceptual planning stage for such development; "major development" shall be defined as such activities that require public notice and hearings pursuant to the City of Miami Charter and Code and shall not encompass minor changes, renovations and/or alterations to any existing real property in the Area. Nothing herein is intended to interfere or conflict with any existing provisions in the City of Miami Charter and Code setting forth procedures concerning the development of real property. Sec. (To be determined). Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Governing body -composition and appointments. The Liberty City Trust shall consist of five voting members and one youth, non -voting member. The voting members shall consist of individuals from professional disciplines. Four of the voting members shall be appointed by the District 5 Commissioner and one to be appointed by the City Manager and confirmed by the City Commission, as hereinafter set forth. The one youth, non -voting member shall be appointed by the members of the Liberty City Trust, and confirmed by the City Commission, as hereinafter set forth. (b) Terms of office and vacancies. (1) Four voting members and one youth, non -voting member shall be appointed by the District 5 Commissioner for a term of two years or until the nominating commissioner leaves office, whichever occurs first. One voting member shall be appointed by the City Manager for a term of one year or until the City Manager leaves office, whichever occurs first. The District 5 Commissioner shall appoint an individual to fill a vacancy due to the death, resignation or removal of his or her appointees to the Liberty City Trust, which person shall serve only for the remainder of the unexpired term. The City Manager shall appoint an individual to fill a vacancy due to the death, resignation or removal of his or her appointee to the Liberty City Trust, which person shall serve only for the remainder of the unexpired term. No member shall serve more than four consecutive years on the Liberty City Trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (c) Membership qualifications. (1) The Liberty City Trust voting members shall be 18 years of age or older and 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. City of Miami Page 5 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 (2) The Liberty City Trust youth, non -voting member shall be no less than 14 and no more than 18 years of age. (3) Each member of the Liberty City Trust shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community, have a demonstrated interest in the revitalization of the Area and the vision of the Liberty City Trust, and is expected to participate actively in the functioning of the Liberty City Trust. (4) No member of the Liberty City Trust shall become a candidate for elective political office during his or her term. Should any member of the Liberty City Trust qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the Liberty City Trust. (5) No employee of Miami -Dade County, Florida, or any municipality therein other than city employees, shall serve on or be appointed to the Liberty City Trust. (e) Procedure for appointment of members. 1. No appointment shall be made by the City Manager until notice has been given in a newspaper of general circulation in the City of the appointments to be made to the Liberty City Trust at least 30 days prior to the making of an appointment, and shall have solicited and encouraged the public and professional or citizen organizations within the Area having interest in and knowledge of the Area to submit names of persons and their qualifications for consideration as prospective appointees of the Liberty City Trust. At least ten days prior to the making of any appointment, the City Manager shall cause to have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointments, the City Manager shall give due consideration to the names submitted. 2. In addition, the City Manager shall at least ten days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement that the names of prospective appointees a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership on the Liberty City Trust whose name and qualifications have not been made publicly available in the manner set out. fl Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Liberty City Trust shall assume the duties of a member of the Liberty City Trust, but before doing so, shall take the oath prescribed by section 41(e) and (f) of the City Charter. (g) Officers. The voting members of the Liberty City Trust shall elect from its voting members a chairperson and vice -chairperson, and designate a secretary and such other officers deemed necessary. The chairperson of the Liberty City Trust shall have the power to appoint City of Miami Page 6 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 all members serving on the various committees which the Liberty City Trust shall establish from time to time. (h) Quorum and voting. At all meetings of the Liberty City Trust, a majority of the then appointed voting members shall constitute a quorum for the transaction of business, and each voting member shall have one vote on every issue submitted to a vote of the Liberty City Trust. The act of a majority of the voting members present at a meeting at which a quorum is present shall be the act of the Liberty City Trust. The voting members of the Liberty City Trust shall make and adopt bylaws and rules and regulations for the Liberty City Trust's governance and for the operation and management of the revitalization initiative. Meetings. The Liberty City Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. At least one of the meetings of the Liberty City Trust per year shall be held in the Area. All meetings of the Liberty CityTrust shall be public. Recorded minutes of the proceedings of all actions taken at the meeting of the Liberty City Trust shall be maintained by the Liberty City Trust and shall be promptly and properly recorded and submitted to the City Clerk. The City Clerk shall transcribe the recorded minutes of the meetings of the Liberty City Trust and provide a copy of the transcribed minutes to the President/Chief Executive Officer of the Liberty City Trust. Attendance requirements. A member shall be automatically removed if, (a) 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 an eight -month period without an excused absence. (k) Indemnification. The Liberty City Trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the City's insurance manager. To the extent such coverage does not apply, the City shall indemnify the members in the same manner and to the same extent that it indemnifies all other City advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. Sec. (To be determined). President/Chief Executive; appointment, term, qualifications, compensation, general powers and responsibilities. At its inception, the President/Chief Executive Officer of the Model City Trust, approved by the City Commission on June 22 , 2006, shall serve as the President/Chief Executive Officer of the Liberty City Trust, commencing from the date of the final approval of this Ordinance. Each successor president/chief executive officer shall be appointed by the Liberty City Trust and receive such salary and benefits as shall be fixed by the Liberty City Trust, and approved by the City Commission. The Liberty City Trust shall have the option of appointing a President/Chief Executive Officer who is not affiliated with the City or they may appoint a City employee who is assigned by the City to the Liberty City Trust for the purpose of managing the revitalization initiative. After the hiring of the President/Chief Executive Officer, the Liberty City Trust shall submit monthly quarterly status reports on the Liberty City Trust's operations and expenses to the City Commission. The President/Chief Executive Officer shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and City of Miami Page 7 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 business ability, but no Liberty City Trust member shall be eligible for appointment as President/Chief Executive Officer. The President/Chief Executive Officer shall receive such salary as shall be fixed by the Liberty City Trust, and approved by the City Commission. The President/Chief Executive Officer shall take an oath before assuming any duties. The President/Chief Executive Officer shall act as the chief executive officer of the Liberty City Trust. Subject to the policy directives of the Liberty City Trust, the President/Chief Executive Officer shall have general supervision over and be responsible for the management and operation of all Liberty City Trust activities, and facilities. The President/Chief Executive Officer shall execute all contracts on behalf of the Liberty City Trust after approval by the Liberty City Trust. The President/Chief Executive Officer shall attend all meetings of the Liberty City Trust, shall furnish the Liberty City Trust a quarterly report with respect to the management and operation of the revitalization initiative, and the financial condition of the Liberty City Trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the revitalization initiative to the Liberty City Trust as may be required by the Liberty City Trust or the City. In the absence or disability of the President/Chief Executive Officer or if no President/Chief Executive Officer is currently employed by the Liberty City Trust, the Liberty City Trust may designate a qualified person as interim President/Chief Executive Officer on a part-time temporary basis for a period of time less than six months, subject to City Commission approval. The President/Chief Executive Officer may be removed at any time by the Liberty City Trust or the City Commission in their sole discretion and without notice. If the President/Chief Executive Officer is removed, the City Manager is hereby authorized to execute contracts and other documents on behalf of the Liberty City Trust until such time that a President/Chief Executive Officer or an interim President/Chief Executive Officer is appointed by the Liberty City Trust, and approved by the City Commission. Sec. (To be determined). Employment of assistants. Subject to the policy directives of the Liberty City Trust and budget limitations, the President/Chief Executive Officer may employ such assistants as are necessary to provide for the efficient operation of the Liberty City Trust. Sec. (To be determined). Compliance with Federal, State and Local Laws. The Liberty City Trust shall comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as may be amended from time to time. Sec. (To be determined). Counsel. The City Attorney's office shall provide legal counsel to the Liberty City Trust as may be necessary and requested by the Liberty City Trust. Sec. (To be determined). Reversion of Assets. Excluding real property, any and all assets under the control of the Model City Trust shall revert to the Liberty City Trust. Any and all real property under the control of the Model City Trust shall revert to the City. City of Miami Page 8 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 Sec. (To be determined). Approval of budget. (a) Effective immediately, the Liberty City Trust shall establish a fiscal year which coincides with that of the City of Miami. The Liberty City Trust shall submit 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, a Liberty City Trust 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: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the Liberty City Trust from submitting a supplemental budget to the Commission for approval. (b) No expenditure shall be made in any given year without approval by the City Commission of the Liberty City Trust budget for that year and all expenditure shall comply with City procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the Liberty City Trust shall submit a master plan reflecting the proposed operations, activities, and improvements of the revitalization initiative for the forthcoming fiscal year. The City Commission may review and deny any item contained in the master plan within thirty (30) days from the date of its submission by the Liberty City Trust. (d) No provision contained in this Division shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. Sec. (To be determined). Annual report and audit. (a) The Liberty City Trust shall submit to the Mayor and City Commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) The City Commission and/or the City Manager shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Trust at any time. Sec. (To be determined). Sunset Review of Trust. Notwithstanding the provisions contained in Section 2-892 of this Code, the Trust shall be initially reviewed in 2010. Thereafter the Trust shall be reviewed every four years. Sec. (To be determined). Abolishment of the Liberty City Trust. The City Commission may, by an affirmative vote of three commissioners, abolish the Liberty City Trust, at which time the powers and duties of the Liberty City Trust shall revert to the City and the City shall resume responsibility for the revitalization initiative. City of Miami Page 9 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017 File Number: 06-01204 Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. 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 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ 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 10 of 10 File Id: 06-01204 (Version: 2) Printed On: 3/16/2017