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Miami, FL 33133
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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 DEVELOPMENTAUTHORITY," MORE PARTICULARLY
BY AMENDING SECTIONS 14-52 AND 14-53 TO INCREASE THE NUMBER OF
BOARD MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA")
BOARD, AND TO INCREASE THE NUMBER OF BOARD MEMBERS NECESSARY
TO CONSTITUTE A QUORUM; 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 to increase the number of
Board members;
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 IL 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 15 seventeen (17) members, appointed, and confirmed, by the city cornmissio•n in the manner
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indicated in subsection (b) below.
(b) The board shall be constituted by 15_mcmbcro as follows:
(1) The city commission, at large, shall appoint one (1) of its members to be the chairperson of the
board and the seventeenth (17th) 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) Two (2) members shall be appointed by the city commission, at large.
(2) 2 One al member may be appointed by the board of county commissioners of Miami -Dade
County and submitted to the city commission for confirmation,
{-3} (4) One member may be appointed by the cabinet of the state and submitted to the city
commission for confirmation.
{4)- (5) The remaining 12 twelve (12) 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 (8) of
the 12 twelve (12) 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 12 twelve (12) seats are filled by appointees who are confirmed by
the city commission.
(5) (6) 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 (2) 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
hoard of directors of the authority shall have the right to fill the vacant position(s) in the manner
provided in subsection {6)-01.
(6) (7) In the event that the board of county commissioners or the cabinet of the state fails to appoint a
member within 30 thirty (30) days from the date that the nomination is requested by the hoard of the
authority, or within ten (10) days after being notified of the rejection of a nominee, then the board may
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appoint proposed members(s) for said positions then the board of directors of the authority shall have
the right to fill the vacant position(s) in the manner provided in subsection (5). The 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 commision for confirmation, and shall be
deemed confir
,meetings of the city commission taking place after the date the city commission is notified of said
appointment.
of appointee(s) until confirmation by the city commission.
(c) Members shall serve terms of four years expiring on August 31 of the fourth (4th) 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 (1) additional period of four (4) 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 (8)
years shall be permitted to finish their term and may serve for one additional period of four (4),
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 nine (9). members. Rules of procedure of the board may require up to
nine eleven (11) members to be present in person or by telephone to take board action,
Sec. 14-53. Same -Qualifications of members.
(a) Except for the seats to be filled by the city commission, the board of county commissioners or the
cabinet of the state, all members of the board shall (1) reside; or (2) work; or (3) own (or be the
designated representative of the owner of) a business; or (4) own (or be the designated representative
of the owner of) real property in the downtown district, as described in section 14-27 of this article II.
For purposes of this section, a person shall be deemed to "own real property" where the person is the
owner of the fee simple title, or owns the leasehold interest on the property under a lease having an
original term of at least 30 thirty (30) years. All members of the board shall be individuals of
outstanding reputation for integrity, responsibility and business ability and acumen. No officer or
employee of the city, other than one member of the city commission, shall be eligible for appointment
to the board.
(b) Before assuming the duties of the office, each appointed member shall qualify by taking and
subscribing to the oath of office required of officials of the city.
*II
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
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of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
ViTORIA I=NDEZ
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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