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Ordinance
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3500 Pan American
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Miami, FL 33133
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File Number: 15-00309 Final Action ➢ate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ARTICLE
XI/DIVISION 14, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
PROGRAM OVERSIGHT BOARD," SECTIONS 2-1201 THROUGH 2-1207, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY
AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR
CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY
AMENDING SECTIONS 2-887(b) and 2-892(4)(g)(1) TO DELETE SAID BOARD;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in recognition that monitoring resources for homeland defense preparedness,
neighborhood improvements, and enhancements for projects is key to proper development, the City
Commission created and established the Homeland Defense/Neighborhood Improvement Bond
Program Oversight Board ("Board"); and
WHEREAS, the Board has diligently performed such monitoring since its inception, and the City
Commission now recommends progressing to various other means of performing the aforementioned
duties; and
WHEREAS, the City Commission wishes to sunset the Board;
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 by
reference and incorporated as fully set forth in this Section.
Section 2. The Homeland Defense/Neighborhood Improvement Bond Program Oversight Board is
abolished and Chapter 2/Article XI/Division 14/Sections 2-1201 through 2-1207 of the Code of the City
of Miami, Florida, as amended ("City Code"), is repealed in its entirety to effect said sunset, in the
following particulars: {1}
"CHAPTER 2
ADMINISTRATION
*
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
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DIVISION 14. HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD Reserved.
Sec. 2-1201 - 2-1214 Reserved.
Sec. 2 1201. Established; sunset date
{a) There is established a limited agency and instrumentality of the city to be known as the
Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, which shall
hereinafter be referred to as the "board."
(b) Sunset date. This board shall sunset on December 31, 2011.
Sec. 2 1202. Purpose, powers and duties.
Th, e oosepowers and duties of the Board are:
(1) To serve in an advisory capacity to the city commission related to the monitoring of
electorate on November 13, 2001,.for homeland defense preparedness and
releases distributed to the public prior to said election;
{2) Monitor projects related to historic preservation and improvements for public safety,
sidewalks and lighting)
{3) Monitor amount of funding to be dedicated for each improvement or project;
,
through the city manager, that vendors, contractors, or any othcr entity receiving funding
before the board to answer questions regarding the status of such funded projects;
(5) Expedite the development of the following projects identified as priorities by the city
commission:
a. The Little Haiti Park; and
contr��ary,the itty cnom.micsion by „nanimo is in magi expedite the
development of any othcr project.
Sec. 2 1203. Membership; qualifications; terms of office; vacancies; officers; parliamentary
{a) Membership. The board shall consist of 15 voting members who shall serve without
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may bc determined and approved by thc city commieion, and shall be composed as follows:
(1) Five members appointed by the mayor; and
(2) Ten member appointed by the membere of the oommi_ssien ��rith each
wwi 1 rt
commissioner nominating two individuals.
(b) Qualifications. The provisions set forth in section 2 884 shall apply to the members of the
board.
members shall continue to serve tnti1 their suecessers have been appointed and qualified. The
provisions of subsection 2-885 shall not apply to the members of the board, as it relates to the
number of years a member may serve on the board.
(d) Vacancies. If a vacancy occurs on the board, such vacancy shall be filled as applicable by
appointment shall bc effective for the remainder of the unexpired term or until the mayor or the
nominating commissioner leaves office.
(e) Officers. The mayor shall designate the T-b ehaerson of- board The boar, Shan ,, eels,
serve as chairperson in the absence of the chairperson.
r hall h, a h rt's Rul , f Ord r �r , ,rrent editions i ipiovs thc board adopts its own order of
mayor, commissioners and the city manager.
and conducting business.
to all members of the board.
Sec. 2 1201. Assignment of staff.
perform all other necessary support functions.
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neighborhood enhancement teams as may bc ncccccary to advise the board about ongoing
and pending projects and to provide administrative support.
funds derived from the general obligation bond issuance approved November 13, 2001, be
submitted to the Board for its review and comment prior to submission to thc city commission
for approval.
(3) Presentto the Roam) reporte regarding the stab s of the project
l�l�� ��"N��-' "yrn.�ca'ccr�-vrcrr�—�rvJvvcsS.
Sec. 2 1205. Counsel.
Thc city attorney's office shall provide legal counsel to thc board.
Scc. 2 1206. Notices and filing of records.
Thc provisions set forth in section 2 888 shall apply to the board. Notice of meetings
by the board of an upcoming meeting(s). Advertised public notice of meetings are not required.
It shall bc the duty of the city clerk to comply with applicable laws related to filing of records
and section 2 889.
Sec. 2 1207. Annual report.
The provisions set forth in section 2 890 of this article: shall apply related to the
submittal of annual reports.
Sec. 2 1208 2 1214. Reserved.
*II
Section 3. Chapter 2/Article Xl/Division 2/Section 2-897(b) of the City Code, is further amended in the
following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE Xl. BOARDS, COMMITTEES, COMMISSIONS
*
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
*
Sec. 2-887. Quorum requirements; exceptions.
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(a) Except for those boards listed in subsection (b) herein below, a quorum for all boards'
meetings, shall consist of fifty percent (50%) plus one of the board's total membership. The
decision of a majority of the board members present and voting at a meeting at which a
quorum is present shall be the decision of the board.
(b) The following boards are subject to quorum requirements as provided for elsewhere in this
Code.
Audit Advisory Committee
Bayfront Park Management Trust
Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's International Council
Miami Commission on the Status of Women
Miami Sports and Exhibition Authority
Parks and Recreation Advisory Board
Street Codesignation Review Committee
Urban Development Review Board
Section 4. Chapter 2/Article XI/Division 2/Section 2-892(4)(g)(1) of the City Code, is further
amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
*
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
*
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each city board shall be reviewed in the following
manner:
(1) By February 15 of the year in which a board is to be reviewed, the city manager shall
deliver to the city commission the report submitted by the chairperson of each board pursuant
to section 2-890 hereinabove, together with any recommendation or comments the city
manager desires to submit.
(2) During the month of March of each year in which a board is to be reviewed, the
chairperson shall make an oral presentation to the city commission. Said presentation shall be
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based on the report set forth in section 2-890 above. At the conclusion of the oral presentation
by the board's chairperson, any individual commissioner may request the formation of a special
purpose board, (hereinafter referred to as the "SPB"), consisting of five members appointed by
the city commission. The SPB shall evaluate the chairperson's report, the city manager's
recommendations and any other information it deems relevant to determine whether the board
being reviewed shall continue in its present form. The SPB shall make a report to the full
commission within 90 days.
(3) At the conclusion of this review process, the city commission shall determine whether to
abolish, continue, consolidate or modify the board for the ensuing four years thereafter.
Nothing contained herein shall be construed to authorize the abolition, consolidation or
modification of any multijurisdictional board.
(4) The following boards shall initially be reviewed in the following years and shall be reviewed
every four years thereafter:
a.
b.
c.
d.
1995:
1. Bayfront Park management trust.
2. Citywide community development advisory board.
3. Civil service board.
4. Code enforcement boards.
5. Equal opportunity advisory board.
1996:
1. Committee on ecology and beautification.
1997:
1. Reserved.
2. Audit advisory committee.
3. Urban development review board.
4. Nuisance abatement board.
1998:
1. Historical and environmental preservation board.
2. Miami sports and exhibition authority.
3. Waterfront advisory board.
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e.
f.
h.
J.
k.
m.
4. Reserved.
5. Community relations board.
1999:
1. Little Havana Special Events District.
2. Commercial solid waste management advisory committee.
2000:
1. Commission on the status of women.
2. Virginia Key Beach Park trust.
2002:
1. Homeland defense/ncighborhood improvement bond program
oversight board (to be sunsetted December 31, 201/1).
City of Miami arts and entertainment council.
Reserved.
2003:
1. Mayor's International Council.
2007:
1. Community Technology Advisory Board.
Reserved.
2010:
1. Overtown Advisory Board/Overtown Community Oversight Board.
2. Liberty City Community Revitalization Trust.
3. Education advisory board.
4. Planning, zoning, and appeals board.
2011:
1. Parks and recreation advisory board.
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n.
o.
Reserved.
2013:
1. Housing and commercial loan committee.
(5) All boards created after the effective date of this division shall be placed in the appropriate
area under subsection (4) hereinabove, and shall be reviewed in accordance therewith.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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
(10) 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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