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HomeMy WebLinkAboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01248 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," MORE PARTICULARLY BYAMENDING SECTIONS 14-52 AND 14-56 TO UPDATE THE NUMBER OF BOARD MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Board of Directors of the Downtown Development Authority ("DDA"), at its meeting of December 19, 2014, adopted a resolution recommending to the City Commission an amendment to the ordinance, governing the DDA by changing the composition of the board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 14/Article II/Division 2, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "Chapter 14 DOWNTOWN DEVELOPMENT ARTICLE II. DOWNTOWN DISTRICT * * * DIVISION II. DOWNTOWN DEVELOPMENT AUTHORITY Sec. 14-52. Downtown development authority board --Composition; appointment and terms of office of members and executive board; filling of vacancies. (a) The affairs of the authority shall be under the direct supervision and control of a board consisting of 1517 members, appointed, and confirmed, by the city commission in the manner City of Miami Page I of 4 File Id: 14-01248 (Version: 1) Printed On: 12/23/2014 File Number: 14-01248 indicated in subsection (b) below. (b) The board shall be constituted by 4-517 members as follows: (1) The city commission, at large, shall appoint one of its members to be the chairperson of the board and the th17th member thereof. The chairperson of the authority shall have the power to appoint the chairperson(s) to the various committees which the authority shall have the power to establish from time to time. (2) One member may be appointed by the board of county commissioners of Miami -Dade County and submitted to the city commission for confirmation. (3) One member may be appointed by the cabinet of the state and submitted to the city commission {for} confirmation. (4) The remaining15 members shall be appointed by the then current board of directors of the authority and submitted to the city commission for confirmation. At least eight nine of the 4-215 appointees must be property owners, as provided in section 14- 53. The board shall include at least one .(1) member from each sub -district created by the authority from time to time. A proposed member shall not be a member of the board of directors of the authority until confirmed by the city commission. In the event that an appointee is rejected by the city commission, then the board shall appoint a successor(s) until all 4215 seats are filled by appointees who are confirmed by the city commission. (5) In the event the city commission does not reject a proposed member appointed by the board of county commissioners or by the cabinet of the state within the next two meetings of the city commission taking place after the date the city commission is notified of such appointment, then said appointee shall be deemed confirmed by the city commission. If, however, any such appointee is rejected by the city commission within the aforementioned period, then the board of county commissioners and/or the cabinet of the state shall have a period of ten (10) days, after being notified of the rejection, in which to appoint a replacement, who shall be again subject to confirmation by the city commission. In the event that the appointee is, again, rejected by the city commission, then the board of directors of the authority shall have the right to fill the vacant position(s) in the manner provided in subsection (6). (6) In the event that the board of county commissioners or the cabinet of the state fails to appoint a member within 30 days from the date that the nomination is requested by the board of the authority, or within ten (10) days after being notified of the rejection of a nominee, then the board may appoint proposed members(s) for said positions. The City of Miami Page 2 of 4 File Id: 14-01248 (Version: 1) Printed On: 12/23/2014 File Number: 14-01248 proposed members for the county and state seats shall be individuals who, in the opinion of the board, have the necessary qualifications and credentials to represent the board of county commissioners and/or the cabinet of the state. The appointee(s) shall be submitted to the city commission for confirmation, and shall be deemed confirmed unless the appointment is rejected by the city commission within the next two (2) meetings of the city commission taking place after the date the city commission is notified of said appointment. In the event of a rejection, the board shall have the right to continue to submit the name of appointee(s) until confirmation by the city commission. (c) Members shall serve terms of four,) years expiring on August 31 of the fourth year of their term. Members shall serve a maximum of eight consecutive years, provided that upon the unanimous vote of the board, the city commission may, by unanimous vote, extend the term of a member for one additional period of four years: Notwithstanding the foregoing, members who, as of the effective date of this section, have served on the board for a period in excess of eight ) years shall be permitted to finish their term and may serve for one ,(1) additional period of four years upon the unanimous vote of the board and the city commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. (d) Quorum shall consist of five seven (7) members. Rules of procedure of the board may require up to nino eleven members to be present in person or by telephone to take board action. Sec. 14-56. Same --Powers and duties. (a) The board, subject to the provisions of this article, and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation for profit. It shall exercise supervisory control over the activities of the executive director and the staff of the downtown development authority in carrying out the functions authorized by this article. 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 immediately upon its adoption and signature of the Mayor.{2} City of Miami Page 3 of 4 File Id: 14-01248 (Version: 1) Printed On: 12/23/2014 File Number: 14-01248 APPOVED AS TO FORM AN CQRRECTNESS: VICTORIA ENDEZ 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. City of Miami Page 4 of 4 File Id: 14-01248 (Version: 1) Printed On: 12/23/2014