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HomeMy WebLinkAboutOrdinanceCity 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 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 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 City of Miami Page 1 of 4 File Id: 14-01248 (Version: 2) Printed On: 8/30/2024 File Number: 14-01248 of 15 seventeen (17) members, appointed, and confirmed, by the city commission in the manner indicated in subsection (b) below. (b) The board shall be constituted by 15_members as follows: (1) The city commission, at large, shall appoint one (1) of its members to be the chairperson of the board and the 45 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) (3) One (1) 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 (1) 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 42 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 board of directors of the authority shall have the right to fill the vacant position(s) in the manner provided in subsection {6) (5). {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 board of the City of Miami Page 2 of 4 File Id: 14-01248 (Version: 2) Printed On: 8/30/2024 File Number: 14-01248 authority, or within ten (10) days after being notified of the rejection of a nominee, then the board may cd mcmbcrs(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. Th, e a intee(s)-s-hall be submitted to the city commission for confirmation and ZVTR� `i �l"l"l"1"l"1T.7�Tl7i"1-IVTG� shall be deemed confirmed unless the appointment is rejected by the city commission within the next two ( ) 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 (4) years expiring on August 31 of the fourth (4th) year of their term. Members shall serve a maximum of eight (8) 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 (1) 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. *11 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. City of Miami Page 3 of 4 File Id: 14-01248 (Version: 2) Printed On: 8/30/2024 File Number: 14-01248 Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} 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: 2) Printed On: 8/30/2024