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HomeMy WebLinkAboutO-13404City of Miami Legislation Ordinance: 13404 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00831 Final Action Date: 9/12/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY CREATING A NEW DIVISION 21 ENTITLED "WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S), AN ANNUAL REPORT, THE SOURCE OF FUNDS AND INAPPLICABILITY OF SUNSET PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 170, Florida Statutes (2012) provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property benefited in a retail businesses district for the purposes of stabilizing and improving such district through promotion, management, marketing, and other similar services in such districts; and WHEREAS, on June 4, 2013, the City of Miami ("City"), through its Office of the City Clerk, tabulated the results of a special election conducted during the period of April 29, 2013 through June 4, 2013 for the creation of the Wynwood Business Improvement District ("BID"), wherein the BID was deemed to be approved by a majority of the affected property owners; and WHEREAS, the City Commission wishes to establish a new Wynwood Business Improvement District Board ("BID Board") to manage the BID in stabilizing and improving retail and other businesses in the BID area through promotion, management, marketing, and other similar services, including but not limited to, coordination, funding and implementation and maintenance of all infrastructure improvements, and other projects, utilizing BID assessment proceeds and other funds identified herein. 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 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:{1} City of Miami Page 1 of 6 File Id: 13-00831 (Version: 3) Printed On: 9/14/2017 File Number: 13-00831 Enactment Number: 13404 "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 21. WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD. Sec. 2-1316. Establishment and purpose. The Wynwood Business Improvement District Board of the City ("BID board") is herewith established for a period of ten years to improve and strengthen the area known as the Wynwood Arts District as more particularly described in Resolution No. 13-0228 adopted on June 13, 2013 through promotion, management, marketing, and other similar services, including but not limited to, coordination, funding, implementation and maintenance of infrastructure improvements, and other projects. The Wynwood Arts District shall be described herein as the "area." The BID board shall be the board charged with managing the Wynwood Business Improvement District ("BID"). Sec. 2-1317. Composition of Board; terms, filling of vacancies. (a) The BID Board shall have seven voting members. All BID Board members must be commercial property owners in the district. Beyond the initial Board election, the BID Board may make changes in the form of newly enumerated or subsequently revised by-laws for any allowed aspects of BID governance, operation or dissolution. To ensure a voice for North Miami Avenue, at least one of the seven Board seats shall be dedicated to a property owner from North Miami Avenue. i. Nomination, election, and seating of initial BID Board members in first year. The BID Steering Committee shall form a Slate Selection Committee which will formulate a slate from among individuals nominated by other property owners for the BID Board. After approval by the Steering Committee, the Board slate will be put to an up -or -down vote by the commercial property owners of the BID, with one vote allowed per assessed folio. The Board shall be sworn and seated on or about the first day of October 2013. ii. Selecting and seating of future Board members beyond the first year of the BID. The BID Board of Directors will finalize and establish the method for electing and seating of future BID Board members in the by-laws developed by them for the BID in the first year of operations. (b) At the first meeting of the BID Board of Directors, the members will determine lengths of terms for the initial BID Board. Three of the seven members will serve initial terms of one year. Four members will serve initial terms of two years. In years "two" and beyond of the BID, all terms will be for two years. Among the members of the Board who serve an initial one year term, the maximum time they may serve, if re-elected, is a total of seven years -either consecutively or intermittently. Among the members of the Board who serve an initial two year term, the maximum time they may serve, if elected, is a total of six years -either consecutively or intermittently. (c) Members shall continue to serve until their successors have been elected and seated. Appointments to fill Board vacancies shall be made by the Chair and confirmed by a majority of the Board for the unexpired term only. (d) Quorum shall consist of a majority (4) of voting members. City of Miami Page 2 of 6 File Id: 13-00831 (Version: 3) Printed On: 9/14/2017 File Number: 13-00831 Enactment Number: 13404 (e) The BID board shall have the power to establish committees and appoint the members to the various committees. (f) 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. Sec. 2-1318. Qualifications of members. (a) All members of the BID board shall be "affected commercial property owners" in the area. (b) All members of the BID board shall be individuals of outstanding reputation for integrity, responsibility and business ability and acumen. (c) Convicted felons may not serve on the BID Board. (d) Before assuming the duties of the office, each member shall take and subscribe to the oath of office required of officials of the city. Sec. 2-1319. Meetings; parliamentary authority, rules and regulations; compensation of members. The parliamentary authority of the BID board shall be Robert's Rules of Order for Small Boards and Associations. The BID board shall hold regular meetings no less often than once each quarter. Special meetings may be held when called in the manner provided in the by-laws of the BID. All meetings of the BID board shall be open to the public. Each member of the BID board shall serve without remuneration. Sec. 2-1320. Removal of members. Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise a BID board member as to the basis for his or her removal and after reasonable notice to the BID board member and an opportunity for the member to be heard, the BID board, by a 51 percent vote of the board, may remove a board member, so long as the reason for removal is one or more of the following: (a) If the member ceases to meet the qualifications and integrity criteria set forth herein or any additional qualifications set forth in the BID board by-laws; or (b) If the member is not current with timely payment of BID assessment(s) due, or (c) For purposes of this section, being absent from three regular BID board meetings or committee meetings -or a combination thereof- during a calendar year shall constitute good cause for removal, or (d) For one or more violations of the Sunshine Law, as reviewed by the Board and the Miami -Dade County Commission on Ethics. Sec. 2-1321. Powers and duties. (a)The BID board shall have the power to: (1) Subject to city commission approval, which approval shall not be unreasonably withheld, appoint an executive director and fix the terms of engagement and compensation of the executive director. (2) Prepare an annual budget to be presented to the city commission for approval. (3) Plan, propose, and implement programs and services for the purpose of stabilizing and improving the BID through promotion, management, marketing, and other similar services, such as streetscape improvements. (4) Plan and propose to the city and the city commission, within the area, public improvements, including but not limited to renovation, repair, remodeling, City of Miami Page 3 of 6 File Id: 13-00831 (Version: 3) Printed On: 9/14/2017 File Number: 13-00831 Enactment Number: 13404 reconstruction or other changes in existing buildings and streetscape which in the opinion of the BID board will aid in the economic growth of the area. (5) Recommend to the city commission the acquisition by purchase or otherwise, of any land and any other property, real or personal, or any rights or interests therein, which it may determine is reasonably necessary for any project or purpose of this article. (6) Cooperate with any governmental agency or public body for the purposes authorized herein. (7) Solicit and accept grants in cooperation with the city office of grants administration. The BID staff shall contact the office of grants administration for assistance in project planning, proposal writing, application assembly, and monitoring financial and budgetary compliance with grantor agency guidelines. All grant applications shall be submitted to the office of grants administration for review and coordination prior to submission. The BID board shall be responsible for implementing and managing all of its grants. Any and all other contributions and financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall follow the approvals established by the city. (8) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict or inconsistent herewith. (9) The city manager may delegate to the executive director the authority to execute contracts consistent with the provisions of chapter 18, article III, subject to BID board approval. Sec. 2-1322. Employees generally. (a) Executive director. The executive director shall serve at the pleasure of the BID board and shall be a person of good moral character and have a reputation for integrity, responsibility and business ability. No member of the BID board shall be eligible to hold the position of executive director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath as required of members of the BID board. Subject to the approval of the BID 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 BID in the manner authorized in this article. He/she shall attend all meetings of the BID board and shall render periodic reports covering the activities and financial condition of the BID. The executive director shall have no civil service rights or privileges. (b) Staff. Subject to the specific policy directives and goals of the BID Board, budget limitations, and the approval of the Board, the executive director may engage such staff members as are necessary for the efficient operation of the BID. Staff members shall have no civil service rights or privileges. Sec. 2-1323. Annual budget; source of funds. (a) The BID board shall establish a fiscal year which coincides with that of the city. Within 60 days following the effective date of the enactment of the ordinance from which this division derives, the BID board shall submit to the city commission, in a form acceptable to the city manager, a BID board budget for adoption and ratification by the city commission. Commencing with fiscal year 2014-2015, consistent with the city's budget process, the BID board shall submit to the city manager, a BID board budget pertaining to management, operation and maintenance expenditures and delineating the financial responsibility of the city City of Miami Page 4 of 6 File Id: 13-00831 (Version: 3) Printed On: 9/14/2017 File Number: 13-00831 Enactment Number: 13404 for certain categories including but not limited to: insurance, security, utilities and maintenance to be approved by the city commission. Nothing contained herein shall be construed to prohibit the BID board from submitting a supplemental budget to the city commission for approval. (b) As needed, the BID will revise budgets and submit these revisions to the city commission for approval. BID expenditures shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the BID board shall submit a plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. (d) No provision contained in this division shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500-18-503. (e) The operations of the BID board shall be principally financed from the following sources and such other sources as may be secured: (1) Proceeds of a special assessment as authorized by resolution. (2) Contributions, gifts, and/or donations to the BID board for the performance of its functions. (3) Such Parking waiver fees as are authorized. (4) Such Parking surcharge fees as are authorized. (5) Such Sidewalk cafe fees as are authorized. (7) Such other fees as are authorized. (8) Grant funds. Sec. 2-1324. Annual report and audit. (a) The BID Board 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. Sec. 2-1325. Notices and filing of Records. The BID shall publicly notice meetings of Board and committees at the city. The BID shall keep a record of all motions passed at Board and committee meetings. Sec. 2-1326. Sunshine. The BID will be governed by the Sunshine Law and will schedule appropriate training for each member of the Board and staff in this regard. Sec. 2-1327. Counsel. The office of the city attorney shall provide legal services to the BID Board as may be necessary and requested by the BID Board. Sec. 2-1328. Inapplicability of sunset provision. The BID Board shall not be subject to the provisions of Section 2-892 of the Code. *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. City of Miami Page 5 of 6 File Id: 13-00831 (Version: 3) Printed On: 9/14/2017 File Number: 13-00831 Enactment Number: 13404 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: 13-00831 (Version: 3) Printed On: 9/14/2017