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Miami, Florida, Code of Ordinances » PART 11- THE CODE » Chapter 2 - ADMINiSTRATlON »
ARTICLE Xi. - BOARDS, COMMITTEES, COMMISSIONS» DIVISION 21. WYNWOOD" BUSINESS
IMPROVEMENT DISTRICT BOARD »
DIVISION 21. WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD
Sec. 2-1316. Establishment and purpose.
Sec, 2-1317. Composition of board; terms, filling of vacancies.
Sec. 2-1318. Qualifications of members.
Sec. 2-1319. Meetings: parliamentary authority, rules and regulations; compensation of members.
Sec. 2-1320. Removal of members.
Sec. 2-1321. Powers and duties.
Sec. 2-1322. Employees generally.
Sec. 2-1323. Annual budget; source of funds.
Sec, 2-1324. Annual report and audit.
Sec. 2-1325. Notices and filing of records.
Sec. 2-1326. Sunshine,
Sec. 2-1327. Counsel.
Sec. 2-1328. Inapplicability of sunset provision.
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").
(Ord. No. 13404, § 2, 9-12-13; Ord. No. 13453, § 2, 5-8-14)
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 first year, all terms will be for two
years. 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.
(1) The BID board, on the recommendation of the current chair, will form a slate selection
committee which will formulate a slate from among property owners who have been
self -nominated or nominated by other property owners. After approval by the BID
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 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.
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(2) Selecting and seating of future board members beyond the first year of the BID. The
BID board 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 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 four 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.
(Ord. No. 13404, § 2, 9-12-13; Ord. No. 13453, § 2, 5-8-14)
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.
(Ord. No. 13404, § 2, 9-12-13)
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.
(Ord. No. 13404, § 2, 9-12-13)
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
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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:
(1) 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;
(2) If the member is not current with timely payment of BID assessment(s) due;
(3) 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
(4) For one or more violations of the Sunshine Law, as reviewed by the Board and the
Miami -Dade County Commission on Ethics.
(Ord. No. 13404. § 2, 9-12-13)
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,
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.
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(Ord. No. 13404, § 2, 9-12-13)
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.
(Ord. No. 13404, § 2, 9-12-13)
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 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.
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(7) Such other fees as are authorized.
(8) Grant funds.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1324. Annual report and audit.
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.
(Ord. No. 13404, § 2, 9-12-13)
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.
(Ord. No. 13404, § 2, 9-12-13)
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.
(Ord. No. 13404, § 2, 9-12-13)
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.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1328. inapplicability of sunset provision.
The BID board shall not be subject to the provisions of section 2-892 of the Code.
(Ord. No. 13404, § 2, 9-12-13)
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