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HomeMy WebLinkAboutLegislation FR/SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00194 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ ARTICLE XI/DIVISION 21, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD", MORE PARTICULARLY BY AMENDING SECTION 2-1317(A) TO MODIFY THE PROCESS FOR ELECTING FUTURE BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 170, Florida Statutes (2013) provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against properties benefited in a retail business 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, Ordinance No. 13404, adopted September 12, 2013 established the BID; 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 fully set forth in this Section. Section 2. Chapter 2/Article XI/Division 21 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 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 City of Miami Page 1 of 3 File Id: 14-00194 (Version: 1) Printed On: 3/25/2014 File Number. 14-00194 established for a period of ten (10) 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 (7) voting members. All BID Board members must be commercial property owners in the district. Beyond the first year, all terms will be for two (2) years. subsequently revised by laws for any allowed aspects of BID governance, operation or di -solution. To ensure a voice for North Miami Avenue, at least one (1) of the seven (7) Board seats shall be dedicated to a property owner from North Miami Avenue. i. The BID Board, on the recommendation of the current Chair, will Nomination, election, and c ating of initial BID Board members in first y r. The BID Steering Committee shall form a Slate Selection Committee which will formulate a slate from among property owners who have been self -nominated individuals or nominated by other property owners for the BID Board. After approval by the Steering Committee, BID the Board, the slate will be put to an up -or -down as a whole vote by the commercial property owners of the BID, with one (1) vote allowed per assessed folio. Guidelines will be issued by the BID staff which will give deadlines and acceptable manner for casting votes. The Board shall be sworn and seated on or about the first day of the month of October 2013. ii. Selecting and seating of future Board members beyond the first year of the BID. The BID Board of Director: 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, the members will determine lengths of terms for the initial BID Board. Three (3) of the seven (7) members will serve initial terms of one (1) year. Four (4) members will serve initial terms of two (2) years. In years "two" and beyond of the BID, all terms will be for two (2) years. Among the members of the Board who serve an initial one (1) year term, the maximum time they may serve, if re-elected, is a total of seven ,(7) years -either consecutively or intermittently. Among the members of the Board who serve an initial two (2) year term, the maximum time they may serve, if elected, is a total of six (6) 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 four (4) of voting members. (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. City of Miami Page 2 of 3 File Id: 14-00194 (Version: 1) Printed On: 3/25/2014 File Number: 14-00194 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} APP OVED TO FORM AND CORRECTNESS: f VICThADRIA ME JDEZ CITY ATTORNEY N� 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 3 of 3 File Id: 14-00194 (Version: 1) Printed On: 3/25/2014