HomeMy WebLinkAboutBack-Up from Law Dept8/14/2015 Miami, FL Code of Ordinances
DIVISION 2. - LIBERTY CITY COMMUNITY REVITALIZATION TRUST
FOOTNOTE(S):
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Editor's 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 No. 12859, § 4, adopted October 12, 2006, repealed and reenacted division 2, §§ 12.5-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, 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.
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. 12859, § 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, POB, all in the City of Miami,
Miami -Dade County, Florida as depicted in attachment "A".
(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) Establish policy for the revitalization efforts in the area;
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(2) Advocate the purposes of the Liberty City Trust;
(3) 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;
(4) Promote, oversee and assist in the redevelopment activities and develop increased public
awareness and interest in the area;
(5) 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;
(6) 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;
(7) 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
(8) 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.
(9) To sue and be sued, plead and implead.
(10) 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) 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
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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 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) 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.
(2) The Liberty City Trust youth, non -voting member shall be no less than 15 and no more than 18
years of age.
(3) 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.
(4) 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.
(e) Procedure for appointment of members.
(1)
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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 Feast 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.
(2) 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.
(f) 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) 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.
(j) Attendance requirements. A member shall be automatically removed if:.
(1) In a given calendar year he or she is absent from three consecutive meetings, or
(2) He or she is absent from four properly noticed meetings within an eight -month period without an
excused absence.
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(k) 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 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.
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.
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(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. 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.
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(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.
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