HomeMy WebLinkAboutO-13453City of Miami
Legislation
Ordinance: 13453
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00194 Final Action Date: 5/8/2014
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.
City of Miami
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File Number: 14-00194 Enactment Number: 13453
The Wynwood Business Improvement District Board of the City ("BID Board") is herewith
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.
initial Board election, the BID Board may make changes in the form of newly enumerated or
cubccqucntly rcviscd by law., for any allowcd aspccts of BID governance, operation or dissolution.
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,
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 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, 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.
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File Number: 14-00194 Enactment Number: 13453
*I1
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.
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