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DIVISION 2. LIBERTY CITY COMMUNITY REVITALIZATION TRUST al
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> DIV SION
Sec. 12.5-26. Liberty City Community Revitalization Trust created.
Sec. 12.5-27. Liberty City Trust —Jurisdictional authority.
Sec. 12.5-28. Purpose; powers and duties.
Sec. 12.5-29. Scope.
Sec. 12.5-30. Governing body -composition and appointments; terms of
office and vacancies; membership qualifications; procedures for appointment
of members; oath; quorum and voting; meetings; attendance requirements;
indemnification.
Sec. 12.5-31. President/chief executive officer• a ointment term
qualifications, compensation, general powers and responsibilities.
Sec. 12.5-32. Employment of assistants.
Sec. 12.5-33. Compliance with federal, state and local laws.
Sec. 12.5-34. Counsel.
Sec. 12.5-35. Transfer of assets.
Sec. 12.5-36. Approval of budget.
Sec. 12.5-37. Annual report and audit.
Sec. 12.5-38. Sunset review of trust.
Sec. 12.5-39. Abolishment of the Liberty City Trust.
Secs. 12.5-40-12.5-55. Reserved.
Sec. 12.5-26. Liberty City Community Revitalization Trust created.
A limited agency and instrumentality of the city to be known as the "Liberty
City Community Revitalization Trust" is created and established. Use of the term
"Liberty City Trust" in this division shall mean the Liberty City Community
Revitalization Trust.
(Ord. No. 12659, § 4, 10-12-06)
Sec. 12.5-27. Liberty City Trust —Jurisdictional authority.
The Liberty City Trust shall exercise the powers and duties for the area in
Liberty City ("area") described as follows. Using the City of Miami Boundary on the
north and 195 as a point of beginning ("POB"), running south on 195, to SR 112,
west on SR 112 to NW 17th Avenue, north on NW 17th Avenue to NW 58 Street,
west on NW 58 Street to the City of Miami Municipal Boundary, then running along
the City of Miami Municipal Boundary north, then east, then north then east to 195,
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POB, all in the City of Miami, Miami -Dade County, Florida as depicted in attachment
(Ord. No. 12859, § 4, 10-12-06)
Editor's note —
Attachment "A" referenced above may be found in the office of the city clerk.
Sec. 12.5-28. Purpose; powers and duties.
(a)
Purpose. The Liberty City Trust, in cooperation with the city manager, the
department of community development and other city departments, shall be
responsible for oversight of and shall facilitate, the city's revitalization efforts
for the redevelopment of the area in a manner consistent with the strategy
identified in the Five Year Consolidated Plan, adopted by the city commission
in June, 2004. The Liberty City Trust shall promote economic development,
business and commerce in the area. The Liberty City Trust shall develop and
execute a plan to create jobs, attract industry and facilitate the production of
goods and services in the area for residents and non-residents. It will
facilitate the development of affordable housing, engage in homebuyer
assistance programs and market the area to encourage former residents and
others to locate to the area.
(b)
Powers and duties. Subject to city commission approval and compliance with
the terms and conditions of any existing contractual obligations, the Liberty
City Trust shall be empowered to take all actions necessary including, but not
limited to, the following activities:
(1)
(2)
(3)
(4)
(5)
Establish policy for the revitalization efforts in the area;
Advocate the purposes of the Liberty City Trust;
Assist and advise the city commission, the department of community
development; other departments and other public officials and entities
concerning the revitalization initiative in the area;
Promote, oversee and assist in the redevelopment activities and
develop increased public awareness and interest in the area;
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(6)
(7)
(8)
Solicit and accept grants in cooperation with the office of grants
administration. The Liberty City Trust 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 will subsequently be forwarded to the director of grants
administration for approval, and final signature. The Liberty City Trust
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 require city commission approval;
Implement full and active participation and cooperation with public
and private entities in furtherance of the Liberty City Trust's purpose
to oversee and facilitate the revitalization of the area to improve the
quality of life for residents of this neighborhood;
Participate in any other fundraising activity, whether solely involving
the Liberty City Trust or involving partnerships with other persons or
public or private organizations, which furthers the Liberty City Trust's
purpose, with the approval of the city commission; and
In addition to complying with subsection 18-85(h) of the City Code,
the Liberty City Trust shall contract and be contracted with, for
administrative purposes only, not to exceed $5,000.00 per item,
goods, services, and/or anything of value in one transaction or
multiple transactions concerning the same subject matter. Any and all
contracts above $5,000.00 shall require city commission approval.
To sue and be sued, plead and implead.
Notwithstanding any provisions to the contrary, the Liberty City Trust
shall exercise only such powers as are expressly granted pursuant to
this division.
(Ord No. 12859, § 4, 10-12-06)
Sec. 12.5.29. Scope.
(a)
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The Liberty City Trust may review and evaluate issues related to the major
development of real property in the area and may provide recommendations
and advice to the city commission concerning those issues and only such
other matters as are referred to it by the city commission in regard to real
property in the area. The city commission shall not be bound by any
recommendation or advice received from the Liberty City Trust. The Liberty
City Trust is expected to be aware of city policies concerning the major
development of real property in the area and coordinate its endeavors with
city departments, committees and boards which will be affected by the
Liberty City Trust's recommendations and advice.
(b)
The Liberty City Trust may be informed of issues concerning the major
development of real property in the area for its input and advice at the
conceptual planning stage for such development, "major development" shall
be defined as such activities that require public notice and hearings pursuant
to the city Charter and Code and shall not encompass minor changes,
renovations and/or alterations to any existing real property in the area.
Nothing herein is intended to interfere or conflict with any existing provisions
in the city Charter and Code setting forth procedures concerning the
development of real property.
(Ord. No. 12859, § 4, 10-12-06)
Sec. 12.5-30. Governing body -composition and appointments; terms of
office and vacancies; membership qualifications; procedures for
appointment of members; oath; quorum and voting; meetings; attendance
requirements; indemnification.
(a)
Governing body -composition and appointments. The Liberty City Trust shall
consist of five voting members and one youth, non -voting member. The
voting members shall consist of individuals from professional disciplines.
Four of the voting members shall be appointed by the district five
commissioner and one to be appointed by the city manager and confirmed by
the city commission, as hereinafter set forth. The one youth, non -voting
member shall be appointed by the members of the Liberty City Trust, and
confirmed by the city commission, as hereinafter set forth.
(b)
Terms of office and vacancies. Four voting members and one youth, non-
voting member shall be appointed by the district five commissioner for a term
of two years or until the nominating commissioner leaves office, whichever
occurs first. One voting member shall be appointed by the city manager for a
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term of one year or until the city manager leaves office, whichever occurs
first. The district five commissioner shall appoint an individual to fill a vacancy
due to the death, resignation or removal of his or her appointees to the
Liberty City Trust, which person shall serve only for the remainder of the
unexpired term. The city manager shall appoint an individual to fill a vacancy
due to the death, resignation or removal of his or her appointee to the Liberty
City Trust, which person shall serve only for the remainder of the unexpired
term. No member shall serve more than four consecutive years on the Liberty
City Trust. Nothing set forth herein shall prohibit any individual from being
reappointed after a hiatus of two years.
(c)
Membership qualifications.
(1)
(2)
(3)
(4)
(e)
The Liberty City Trust voting members shall be 18 years of age or
older and broadly reflect the diversity of the community and share
technical, professional expertise or experiential knowledge and
interest in the following areas, residential construction, development,
architecture and engineering, planning, zoning and land use law,
economic development, historic preservation and restoration,
administration, fiscal management, and community involvement.
The Liberty City Trust youth, non -voting member shall be no less than
15 and no more than 18 years of age.
Each member of the Liberty City Trust shall be an individual of
outstanding reputation for integrity, responsibility and commitment to
serving the community, have a demonstrated interest in the
revitalization of the area and the vision of the Liberty City Trust, and
is expected to participate actively in the functioning of the Liberty City
Trust.
No member of the Liberty City Trust shall become a candidate for
elective political office during his or her term. Should any member of
the Liberty City Trust qualify as a candidate for elective political office,
such qualification shall be deemed a tender of resignation from the
Liberty City Trust.
Procedure for appointment of members.
(1)
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(2)
(f)
No appointment shall be made until notice has been given in a
newspaper of general circulation in the city of the appointments to be
made to the Liberty City Trust at least 30 days prior to the making of
an appointment, and shall have solicited and encouraged the public
and professional or citizen organizations within the area having
interest in and knowledge of the area to submit names of persons
and their qualifications for consideration as prospective appointees of
the Liberty City Trust. At least ten days prior to the making of any
appointment, the appointing party shall cause the city clerk to have
available to the public, and shall publicly make announcement of the
fact, that the list of names thus submitted, together with a short
statement of the qualifications of each person, is prepared and
available for public inspection and consideration. In reaching a
decision on appointments, the appointing party shall give due
consideration to the names submitted.
in addition, the appointing party shall, at least ten days prior to the
making of any appointment, direct the city clerk to have available to
the public, and shall publicly announce that the names of prospective
appointees a short statement of qualifications of such persons are
available for public inspection and consideration. No person shall be
appointed to membership on the Liberty City Trust whose name and
qualifications have not been made publicly available in the manner
set out.
Oath. Upon the effective date of appointment, or as soon thereafter as
practicable, each member of the Liberty City Trust shall assume the duties of
a member of the Liberty City Trust, but before doing so, shall take an oath or
affirmation, to be filed and kept in the office of the city clerk, that he or she
will support, protect and defend the constitution and laws of the United States
of America and of the state.
(g)
Officers. The voting members of the Liberty City Trust shall elect from its
voting members a chairperson and vice -chairperson, and designate a
secretary and such other officers deemed necessary. The chairperson of the
Liberty City Trust shall have the power to appoint all members serving on the
various committees which the Liberty City Trust shall establish from time to
time.
(h)
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Quorum and voting. At all meetings of the Liberty City Trust, a majority of the
then appointed voting members shall constitute a quorum for the transaction
of business, and each voting member shall have one vote on every issue
submitted to a vote of the Liberty City Trust. The act of a majority of the
voting members present at a meeting at which a quorum is present shall be
the act of the Liberty City Trust. The voting members of the Liberty City Trust
shall make and adopt bylaws and rules and regulations for the Liberty City
Trust's governance and for the operation and management of the
revitalization initiative.
(i)
Meetings. The Liberty City Trust shall hold regular quarterly meetings and
may hold such other meetings as it deems necessary. At least one of the
meetings of the Liberty City Trust per year shall be held in the area. All
meetings of the Liberty City Trust shall be public. Recorded minutes of the
proceedings of all actions taken at the meeting of the Liberty City Trust shall
be maintained by the Liberty City Trust and shall be promptly and properly
recorded and submitted to the city clerk. The city clerk shall transcribe the
recorded minutes of the meetings of the Liberty City Trust and provide a copy
of the transcribed minutes to the president/chief executive officer of the
Liberty City Trust.
(i)
Attendance requirements. A member shall be automatically removed if:
(1)
(2)
(k)
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 an
eight -month period without an excused absence.
Insurance. The Liberty City Trust shall maintain officers and directors liability
insurance coverage at all times, in an amount and in a form satisfactory to
the city's insurance manager.
(Ord. No. 12859, § 4, 10-12-06; Ord. No. 12887, § 1, 2-8-07)
Sec. 12.5-31. President/chief executive officer; appointment, term,
qualifications, compensation, general powers and responsibilities.
At its inception, the president/chief executive officer of the Model City Trust,
approved by the city commission on June 22, 2006, shall serve as the president/chief
executive officer of the Liberty City Trust, commencing from the date of the final
approval of this division. Each successor president/chief executive officer shall be
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appointed by the Liberty City Trust and approved by the city commission, and receive
such salary and benefits as shall be fixed by the Liberty City Trust, and approved by
the city commission. The Liberty City Trust shall have the option of appointing a
president/chief executive officer who is not affiliated with the city or they may appoint,
with the written approval of the city manager, a city employee who is assigned by the
city to the Liberty City Trust for the purpose of managing the revitalization initiative.
After the hiring of the president/chief executive officer, the Liberty City Trust shall
submit monthly quarterly status reports on the Liberty City Trust's operations and
expenses to the city commission. The president/chief executive officer shall be a
person of good moral character and have an excellent reputation for integrity,
responsibility, and business ability, but no Liberty City Trust member shall be eligible
for appointment as president/chief executive officer. The president/chief executive
officer shall receive such salary as shall be fixed by the Liberty City Trust, and
approved by the city commission. The president/chief executive officer shall take an
oath before assuming any duties. The president/chief executive officer shall act as
the chief executive officer of the Liberty City Trust. Subject to the policy directives of
the Liberty City Trust, the president/chief executive officer shall have general
supervision over and be responsible for the management and operation of all Liberty
City Trust activities, and facilities. The president/chief executive officer shall execute
all contracts on behalf of the Liberty City Trust after approval by the Liberty City
Trust. The president/chief executive officer shall attend all meetings of the Liberty
City Trust, shall furnish the Liberty City Trust a quarterly report with respect to the
management and operation of the revitalization initiative, and the financial condition
of the Liberty City Trust, and shall from time to time have prepared and shall furnish
such reports, audits and other information relating to the revitalization initiative to the
Liberty City Trust as may be required by the Liberty City Trust or the city. In the
absence or disability of the president/chief executive officer or if no president/chief
executive officer is currently employed by the Liberty City Trust, the Liberty City Trust
may designate a qualified person as interim president/chief executive officer on a
part-time temporary basis for a period of time less than six months, subject to city
commission approval. The president/chief executive officer may be removed at any
time by the liberty city trust or the city commission in their sole discretion and without
notice. If the president/chief executive officer is removed, the city manager is hereby
authorized to execute contracts and other documents on behalf of the Liberty City
Trust until such time that a president/chief executive officer or an interim
president/chief executive officer is appointed by the Liberty City Trust, and approved
by the city commission.
(Ord. No. 12859, § 4, 10-12-06)
Sec. 12.5-32. Employment of assistants.
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Subject to the policy directives of the Liberty City Trust and budget
limitations, the president/chief executive officer may employ such assistants as are
necessary to provide for the efficient operation of the Liberty City Trust.
(Ord. No. 12859. § 4, 10-12-06)
Sec. 12.5-33. Compliance with federal, state and Local laws.
The Liberty City Trust shall comply with and observe all applicable federal,
state and local laws, rules, regulations, codes and ordinances, as may be amended
from time to time.
(Ord. No. 12859, § 4, 10-12-06)
Sec. 12.5-34. Counsel.
The city attorney's office shall provide legal counsel to the Liberty City Trust
as may be necessary and requested by the Liberty City Trust.
(Ord. No. 12859, § 4, 10-12-06)
Sec. 12.5-35. Transfer of assets.
Any and all personal property under the control of the Model City Trust, shall
transfer, upon the creation of the Liberty City Trust, to the Liberty City Trust. Any and
all real property under the control of the Model City Trust shall transfer, upon the
creation of the Liberty City Trust, to the city.
(Ord. No. 12859, § 4, 10-12-06)
Sec. 12.5-36. Approval of budget.
(a)
Effective immediately, the Liberty City Trust shall establish a fiscal year which
coincides with that of the city. The Liberty City Trust shall submit to the city
commission a budget, in a form acceptable to the city manager, and no later
than April 1 preceding the commencement of each fiscal year. Nothing
contained herein shall be construed to prohibit the Liberty City Trust from
submitting a supplemental budget to the commission for approval.
(b)
No expenditure shall be made in any given year without approval by the City
Commission of the Liberty City Trust budget for that year and all expenditure
shall comply with city procedures for acquisition of goods and services.
(c)
In conjunction with the submission of the budget, the Liberty City Trust shall
submit a master plan reflecting the proposed operations, activities, and
improvements of the revitalization initiative for the forthcoming fiscal year.
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The city commission may review and deny any item contained in the master
plan within 30 days from the date of its submission by the Liberty City Trust.
(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.
(Ord, No. 12859, § 4, 10-12-06)
Sec. 12.5-37. Annual report and audit.
(a)
The Liberty City Trust 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.
(b)
The city commission and/or the city manager shall have the right to audit any
books, accounts, expenditures, receivables, and contracts of the trust at any
time.
(Ord. No, 12859, § 4, 10-12-06)
Sec. 12.5-38. Sunset review of trust.
Notwithstanding the provisions contained in section 2-892, the trust shall be
initially reviewed in 2010. Thereafter the trust shall be reviewed every four years.
(Ord. No. 12859, § 4, 10-12-06)
Sec. 12.5-39. Abolishment of the Liberty City Trust.
The city commission may, by an affirmative vote of three commissioners,
abolish the Liberty City Trust, at which time the powers and duties of the Liberty City
Trust shall revert to the city and the city shall resume responsibility for the
revitalization initiative.
(Ord. No. 12859, § 4, 10-12-06)
Secs. 12.5-40-12.5-55. Reserved.
FOOTNOTE(S):
Editors note —Ord. No. 12859, § 4, adopted October 12, 2006, repealed and reenacted division
2, §§ 12.5-26--12, 5-39 to read as herein set out. Formerly, division 2 pertained to the model city
community revitalization district trust, and derived from Ord. No. 12082, § 3, adopted July 10,
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2001; Ord, No. 12110, § 2, adopted September 13, 2001; Ord. No. 12139, § 2, adopted October
11, 2001; Ord. No. 12201, § 1, adopted March 14, 2002; Ord, No. 12222, § 1, adopted April 18,
2002; Ord. No. 12257, § 1, adopted July 9, 2002; Ord. No, 12806, §§ 1, 2, adopted May 11, 2006.
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