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HomeMy WebLinkAboutO-13376City of Miami Legislation Ordinance: 13376 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00250 Final Action Date: 4/11/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, ABOLISHING THE DISTRICT 1 HOUSING ADVISORY BOARD, MORE PARTICULARLY BY REPEALING IN ITS ENTIRETY CHAPTER 12.5/ ARTICLE I/ DIVISION 5, ENTITLED "COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/DISTRICT 1 HOUSING ADVISORY BOARD", SECTIONS 12.5-131 THROUGH 12.5-139, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," BY AMENDING SECTION 2-892(4)(0) ALL AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four -fifths (4/5ths) affirmative vote, the District 1 Housing Advisory Board is abolished and Chapter 12.5/Article I/Division 5/Sections 12.5-131 through 12.5-139, is repealed in its entirety to effect said sunset, in the following particulars: {1} "CHAPTER 12. 5 COMMUNITY REVITALIZATION ARTICLE I. COMMUNITY REVITALIZATION DISTRICTS DIVISION 5. DISTRICT 1 HOUSING ADVISORY BOARD Sec. 12.5 131. District 1 housing advisory board Jurisdictional authority/geographic boundaries. 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 city commission pursuant to the City Charter. Sec. 12.5 132. District 1 housing initiative. This district 1 housing initiative is the third implementation of the city's revitalization gfforts to redevelop community revitalization districts throughout the city. City of Miami Page 1 of 6 File Id: 13-00250 (Version: 1) Printed On: 8/28/2017 File Number: 13-00250 Enactment Number: 13376 Sec. 12.5 133. Purpose; powers and duties. {a) Purpose. The advisory board, in cooperation with the city manager and city departments, the redevelopment of the district 1 community revitalization district in a manner consistent with 1999. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any cxisting contractual obligations, the advisory board shall advise the city commission on revitalization activities and: t1) Establish policy for the revitalization efforts in the district 1 community revitalization district; {2) Advocate the purposes of the advisory board; {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; {Jl) Promote, oversee and a.sist in the redevelopment activities and develop increased {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; gntiticc in furthcrance of the advisory board'sose to oversee and facilitate the revitalization of the district 1 community revitalizata strict to improve the quality of life for residents of the neighborhood. Sec. 12.5 134. Governing body composition and appointments; terms of office and vacancies; officers• Bunn im and voting• meetings• and attendance rent iirementc 0 0 0 members one of whom shall he a public advocate who shall he a homeowner in city 0 0 0 act forth. (b) Terms of office and vacancies. Members shall be appointed by the district 1 commi.sioner for a term of four years. The district 1 City of Miami Page 2 of 6 File Id: 13-00250 (Version: 1) Printed On: 8/28/2017 File Number: 13-00250 Enactment Number: 13376 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. (c) Membership qualifications. All advisory board members shall be 18 years of age or older. and share technical, profccsional expertise or experiential knowledge and interest in the zoning and lard --use law, economic development, historic preservation and restoration, a full time homeowner, residing in city commission district 1 and shall advocate for the concerns of district 1 residents. integrity, responsibility and commitment to serving the community, have a demonstrated participate actively in the functioning of the advisory board. (d) Procedure for appointment of members. The commissioner of district 1 shall nominate individuals for membership on the board to 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 a.sume the duties of a member of the advisory board. (e) Officers. The members of the advisory board shall elect from its members a chairperson 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. 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 board's governance. (g) Meetings. The advisory board shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. Whenever po.sible, 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 properly recorded and submitted to the city clerk. (h) Attendance requirements. A member shall be automatically removed if in a given calendar year he or she is absent from three consecutive meetings, or he or she is absent from four properly noticed meetings within a 24 month period without an excused absence. There shall be an individual or individuals who shall be specifically a.signed 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 City of Miami Page 3 of 6 File Id: 13-00250 (Version: 1) Printed On: 8/28/2017 File Number: 13-00250 Enactment Number: 13376 the board. The employee a.cigned by the city manager shall be a person of good moral management and operation of all advisory board activities. The employee shall attend all meetings of the advisory board, shall furnish the city commi.cion with a quarterly report with city commi.cion as may be requested by the advisory board or the city. In the event that the duties and assigned functions, the city manager shall designate an employee to perform such functions and duties until such incapacity of the permanently a.cigned employee ceases. Sec. 12.5 136. Counsel. The city attorney's office shall provide legal counsel to the advisory board as may be nece.cary and requested by the advisory board. Sec. 12.5 137. Approval of budget. {a) Effective immediately, the advisory board shall immediately review the budget for the district 1 housing initiative and submit its recommendation to the city commi.cion, in a form maintenance and capital expenditures and dclin ting the financial -responsibility of the city for certain categories, including but not limited to, its recommendations for insurance, security, community revitalization -district. Nothing contained herein shall be construed to prohibit the advisory board from submitting a supplemental budget to the commiccion for approval. (b) No provision contained in this article shall be construed to violate the Anti Deficiency Act, sct forth in sections 18 500. Sec. 12.5 138. Sunset review of the advisory board. Notwithstanding the provisions contained in section 2 892 , the advisory board shall be initially reviewed in 2013. Thereafter the advisory board shall be reviewed every four years. Seed" 4holition of the T advisory d. boaro , 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. Section 2. Chapter 2/Article XI/Division 2/Section 2-892(4)(o) of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:{1} City of Miami Page 4 of 6 File Id: 13-00250 (Version: 1) Printed On: 8/28/2017 File Number: 13-00250 Enactment Number: 13376 "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: (1) By February 15 of the year in which a board is to be reviewed, the city manager shall deliver to the city commission the report submitted by the chairperson of each board pursuant to section 2-890 herein above, together with any recommendation or comments the city manager desires to submit. (2) During the month of March of each year in which a board is to be reviewed, the chairperson shall make an oral presentation to the city commission. Said presentation shall be based on the report set forth in section 2-890 above. At the conclusion of the oral presentation by the board's chairperson, any individual commissioner may request the formation of a special purpose board, (hereinafter referred to as the "SPB"), consisting of five members appointed by the city commission. The SPB shall evaluate the chairperson's report, the city manager's recommendations and any other information it deems relevant to determine whether the board being reviewed shall continue in its present form. The SPB shall make a report to the full commission within 90 days. (3) At the conclusion of this review process, the city commission shall determine whether to abolish, continue, consolidate or modify the board for the ensuing four years thereafter. Nothing contained herein shall be construed to authorize the abolition, consolidation or modification of any multijurisdictional board. (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: * City of Miami Page 5 of 6 File Id: 13-00250 (Version: 1) Printed On: 8/28/2017 File Number: 13-00250 Enactment Number: 13376 o. 2013: District 1 housing advisory board. 1. Housing and commercial loan committee. (5) All boards created after the effective date of this division shall be placed in the appropriate area under subsection (4) herein above, and shall be reviewed in accordance therewith. *1I 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} 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 6 of 6 File Id: 13-00250 (Version: 1) Printed On: 8/28/2017