Loading...
HomeMy WebLinkAboutVersion Correction MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorne DATE: May 2, 2016 RE: An Ordinance regarding the establishment of the NRD-1 Public Benefits Trust File ID 15-00809 On July 23, 2015, the City Commission passed "version 1" of the above referenced Ordinance on first reading. After first reading, revisions were made to the proposed Ordinance and on September 24, 2015, "version 2" of the proposed Ordinance, reflecting the revisions made, was presented to the City Commission for consideration and continued. On October 22, 2015, "version 2" of the proposed Ordinance was presented to the City Commission, which deferred consideration of the same. Prior to the November 19, 2015 City Commission meeting, additional revisions were made to the proposed Ordinance that should have been placed in "version 3", but were inadvertently placed in "version 2" and presented to the City Commission. However, consideration of the second reading of the proposed Ordinance was continued to the December 10, 2015 City Commission Meeting. Prior to the December 10, 2015 City Commission meeting, "version 2" and "version 3" were corrected, and on December 10, 2015, the correct "version 3" was presented to the City Commission and adopted with modifications, which were placed in "version 4". All versions of the Legislation are correctly reflected in Legistar. VM/BLM/vja Enclosure(s) IWVIW JD Ally }1l313 AJ.I3 3I{1.. Q 331:i. 0 6Z 6 WY tZ AVWW 910Z 0\ 15- 0070°1- Ifia,sm QOff Qmo�,x1oj0,,x)ic.0 VERSION 1 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 15-00809 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust Fund", into which funds are collected from payments through the Public Benefits Program under the City's Zoning Ordinance, Miami 21; and WHEREAS, the Wynwood District is experiencing unique conditions, including a lack of parks, open space and civic space and a lack of public land that is available to be developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little development in Wynwood and the development that is occurring under the existing zoning regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks other creative solutions to create parks, open space, civic space, and civil support uses to allow for and facilitate new residential uses in Wynwood; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 in the Code of the City of Miami, Florida, as amended ("City Code"), establishing the Wynwood Public Benefits Trust Fund, as set forth and more particularly described below; 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 and incorporated as if fully set forth in this section. Section 2. Chapter 62/Article XIV of the City Code, is amended in the following particulars: (1} "CHAPTER 62 PLANNING AND ZONING ARTICLE XIV, PUBLIC BENEFITS TRUST FUND City of Manzi Page 1 of 3 File Id: 15-00809 (Version: 1) Printed On:. 7/8/2015 File Number 15-00809 Sec. 62-641, Public Benefits Trust Fund; Intent. It is intended that the "Public Benefits Trust Fund" be established in order to collect cash contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the city, to supplement affordable/workforce housing, public parks and open space, and green building certification shortfalls. * * * * * Sec, 62 644 62.6/19, Reserved.. Wvnwood Public Benefits Trust Fund. It is intended that the "Wvnwood Public Benefits Trust Fund" be established in order to collect cash contributions made according to the Wynwood NRD-1, to support reinvestment into a neighborhood revitalization district and supplement affordable/workforce housing, public parks and open space, and civic space or civil support space shortfalls, Sec. 62-645. Established. (a) There is hereby established a trust fund to be entitled the "Wynwood Public .Benefits Trust Fund," into which funds shall be deposited pursuant to this article. (b) Upon receipt of funds for any project within the boundaries of the Wynwood NRD-1, the City Department of Finance shall deposit such funds into the Wynwood Public Benefits Trust Fund. (c) The Wvnwood Business Improvement District ("BID') shall annually allocate funds collected for purposes consistent with Section 62-644, and the following: (1) affordable/workforce housing expenditures pursuant to those guidelines adopted by the City Commission; (2) acquisition of fee simple, lease, or other interest in land, and other real property for parks, open space, civic space or civil support space; (3) construct, maintain, operate, manage or provide funds for improvements for parks, open space, civic space or civil support space that is open to the general public; and (4) perform such other related activities as may be appropriate to carry out the intent of this section, (d) The Wynwood Public Benefits Trust Fund shall be established for a period of time commensurate with the Wynwood Business Improvement District as set forth in Section 2-1316, and thereafter shall be reviewed by the City Commission every five (5) years to determine whether thepurposes of the Wynwood Public Benefits Trust Fund have been satisfied, and upon such finding, the Wynwood Public Benefits Trust Fund shall sunset and any funds to be collected and allocated, pursuant to this article and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund, Sec. 62-646. Financial report, Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the City Commission prior to filing with the City Clerk. 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. It is the intention of the City Commission that the provisions of this Ordinance shall. become and may be made a part of the Code of Ordinances of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. City of Miami Page 2 of 3 File Id: 15-00809 (Version: 1 ) Printed On. 7/8/2.015 File Number; 15-00809 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORREQTNESS: VIC1 ORIA MEDEZ 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 3 of 3 File Id: 15-00809 (Version:: 1) Printed On: 7/8/2015 VERSION 2 Fri rn Fri City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 15-00809 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust Fund", into which funds are collected from payments through the Public Benefits Program under the City's Zoning Ordinance, Miami 21; and WHEREAS, the Wynwood District is experiencing unique conditions, including a lack of parks, open space and civic space and a lack of public land that is available to be developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little development in Wynwood and the development that is occurring under the existing zoning regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks .other creative solutions to create parks, open space, civic space, and civil support uses to allow for and facilitate new residential uses in Wynwood; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 in the Code of Ordinances of the City of Miami, Florida, as amended ("City Code"), establishing the Wynwood Public Benefits Trust Fund, as set forth and more particularly described below; and 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 and incorporated as if fully set forth in this section. Section 2. Chapter 62/Article XIV of the City Code, is amended In the following particulars: {1} "CHAPTER 62 PLANNING AND ZONING ARTICLE XIV. PUBLIC BENEFITS TRUST FUND City of Miami Page 1 of 3 File Id: 15-00809 (Version: 2) Printed On: 9/14/2015 File Number: 15-00809 Sec. 62-641. - Public Benefits Trust Fund; Intent. It is intended that the "Public Benefits Trust Fund" be established in order to collect the cash contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the city, to supplement affordable/workforce housing, public parks and open space, and green building certification shortfalls. Sec. 62 644 - 62-6^9. Reseniod. Wynwood Public Benefits Trust Fund. It is intended that the "Wynwood Public Benefits Trust Fund" be established in order to collect cash contributions made according to the Wynwood NRD-1, to support reinvestment into a neighborhood revitalization district and supplement affordable/workforce housing, public parks and open space, and civic space or civil support space shortfalls. Sec. 62-645. Established. (a)There is hereby established a trust fund to be entitled the "Wynwood Public Benefits Trust Fund," into which funds shall be deposited pursuant to this article. (b) Upon receipt of funds for any project within the boundaries of the Wynwood NRD-1, the City Department of Finance shall deposit such funds into the Wynwood Public Benefits Trust Fund. (c) The Wynwood Business Improvement District ("BID") shall annually allocate funds collected for purposes consistent with Section 62-644, within the BID boundaries, including the following: (1) affordable/workforce housing expenditures pursuant to those guidelines adopted by the city commission. (2) acquisition of fee simple, lease, or other interest in land, and other real property for parks, open space, civic space or civil support space; (3) construct, maintain, operate, manage or provide funds for improvements for parks, open space, civic space or civil support space that is open to the general public; and (4) perform such other related activities as may be appropriate to carry out the intent of this section. (d) The Wynwood Public Benefits Trust Fund shall be established for a period of time commensurate with the Wynwood Business Improvement District as set forth in Section 2-1316, and thereafter shall be reviewed by the City Commission every five (5)years to determine whether the purposes of the Wynwood Public Benefits Trust Fund have been satisfied, and upon such finding, the Wynwood Public Benefits Trust Fund shall sunset and any funds to be collected and allocated, pursuant to this article and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund. Sec. 62-646. - Financial report. Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the city commission prior to filing with the City Clerk. 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and may be made a part of the Code of Ordinances of the City of Miami, Florida, which City of Miami Page 2 of 3 File Id: 15-00809 (Version: 2) Printed 0n: 9/14/2015 File Number: 15-00809 provisions may be renumbered or relettered and that the word "ordinance" may L "section", "article," or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDZ CITY ATTORNEY :.hanger «.. reading am 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 Miam..i Page 3 of 3 File Id: 15-00809 (Version: 2) Printed On: 9/14/2015 INCORRECT VERSION 2 SO Cs) . 23 Fri C) Fri City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00809 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND", MORE PARTICULARLY BY CREATING NEW SECTIONS 62-644, 62-645 AND 62-646 ENTITLED "NRD-1 PUBLIC BENEFITS TRUST FUND, INTENT", "ESTABLISHED" AND "FINANCIAL REPORT", RESPECTIVELY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust Fund", into which funds are collected from payments through the Public Benefits Program under the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, unique conditions exist within the boundaries of the NRD-1 including a lack of parks, open space and civic space and a lack of public land that is available to be developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little development within the NRD-1 boundaries and the development that has occurred under the previously existing zoning regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks other creative solutions to create parks, open space, civic space, and civil support uses to allow for and facilitate new residential uses within the NRD-1 boundaries; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), establishing the NRD-1 Public Benefits Trust Fund, as set forth and more particularly described below; and 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 and incorporated as if fully set forth in this section. Section 2. Chapter 62/Article XIV of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 62 PLANNING AND ZONING City of Miami Page 1 of 3 File Id: 15-00809 (Version: 2) Printed On: 11/5/2015 Pile Number: 15-00809 ARTICLE XIV. PUBLIC BENEFITS TRUST FUND Sec. 62-641. - Public Benefits Trust Fund; Intent. It is intended that the "Public Benefits Trust Fund" be established in order to collect the cash contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the city, to supplement affordable/workforce housing, public parks and open space, and green building certification shortfalls. * * * Sec. 62-644. - 62 649. Rcscrved.NRD-1 Public Benefits Trust Fund; Intent. I.t is intended that the "NRD-1 Public Benefits Trust Fund" be established in order to collectcash contributions made according to the NRD-1 as established in the Miami 21 Code, as amended, the zoning ordinance of the City, to support reinvestment and supplement affordable/workforce housing, public parks and open space, and civic space or civil support space within the NRD-1 boundaries. Sec. 62-645. -Established. (a)There is hereby established a trust fund to be entitled the "NRD-1 Public Benefits Trust Fund," into which funds shall be deposited pursuant to this Article. (b) Upon receipt of funds for any project within the NRD-1 boundaries, the City Department of Finance shall deposit such funds into the NRD-1 Public Benefits Trust Fund. (c) The Wynwood Business Improvement District ("BID") shall, through a five (5) member committee of the BID to be formed on an annual basis each fiscal year, of which one (1) member shall be directly appointed by the City Commissioner from District 5, one (1) member shall be directly appointed by the City Commissioner from District 2, and three (3) members shall be appointed by the BID Board, allocate within the NRD-1 boundaries funds collected for purposes consistent with Section 62-644. Expenditure of funds and any actions in furtherance of the expenditure shall be consistent with the powers and duties of the BID, comply with City procedures for the acquisition of goods and services, and approved within the annual budget of the BID by the City Commission. (d) A minimum of twenty-five percent (25%) of funds in the NRD-1 Public Benefits Trust Fund shall be allocated towards affordable/workforce housing on anannual basis, and shall be expended pursuant to guidelines and procedures established by the City Commission. (e) The NRD-1 Public Benefits Trust Fund shall be established for a period of time commensurate with the Wynwood Business Improvement District as set forth in Section 2-1316, and thereafter shall be reviewed by the City Commission every five (5) years to determine whether the purposes of the NRD-1 Public Benefits Trust Fund have beensatisfied, and upon such finding, the NRD-1 Public Benefits Trust. Fund shall sunset and any funds to be collected and allocated, pursuant to this Article and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund, as established in Section 62-641 of the City Code, Sec. 62-646. - Financial report. Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the. BID for review and approval by the City Commission prior to filing with the City Clerk. Sec. 62-647 - 62-649. Reserved. * .city of Miami Page 2 of 3 File Id:15-00809 (Version: 2) Printed On: 11/5/2015 File Number: 15-00809 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 thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: VICORIA MaNDEz CITY ATTOR EY 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 3 of 3 File Id: 15-00809 (Varsion: 2) Printed On: 11/5/2015 VERSION 3 City of Miami Legislation Ordinance City Hall 3500 Pan. American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00809 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, .FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PUBL1C BENEFITS TRUST FUND", MORE PARTICULARLY BY CREATING NEW SECTIONS 62-644, 62-645 AND 62-646 ENTITLED "NRD-1 PUBLIC BENEFITS TRUST FUND, INTENT", "ESTABLISHED" AND "FINANCIAL REPORT", RESPECTIVELY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust Fund", into which funds are collected from payments through the Public Benefits Program under the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, unique conditions exist within the boundaries of the NRD-1 including a lack of parks, open space and civic space and a lack of public land that is available to be developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little development within the NRD-1 boundaries and the development that has occurred under the previously existing zoning regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks other creative solutions to create parks, open space, civic space, and civil support uses to allow for and facilitate new residential uses within the NRD-1 boundaries; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), establishing the NRD-1 Public Benefits Trust Fund, as set forth and more particularly described below; and 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 and incorporated as if fully set forth in this section. Section 2. Chapter 62/Article XIV of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 62 PLANNING AND ZONING * * * City of Miami Page 1 of 3 File Id: 15-00809 (Version.: 3) Printed On 11/10/2015 File Number: 15-00809 ARTICLE XIV. PUBLIC BENEFITS TRUST FUND Sec. 62-641. - Public Benefits Trust Fund; Intent. It is Intended that the "Public Benefits Trust Fund" be established in order to collect the cash contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the city, to supplement affordable/workforce housing., public parks and open space, end green building certification shortfalls. Sec. 62-644. - 62-649 Re&ory d,NRD-1 Public Benefits Trust Fund; Intent. It is intended that the "NRD-1 Public Benefits Trust Fund" be established in order to collect cash contributions made according to the NRD-1 as established in the Miami 21 Code, as amended, the zoning ordinance of the City, to supportreinvestment and supplement affordable/workforce housing,. public parks and open space, and civic space or civil support space within the NRD-1 boundaries. Sec, 62-645. - Established, (a)There is hereby established a trust fund to be entitled the "NRD-1 Public Benefits Trust Fund," into which funds shall be deposited pursuant to this Article. (b) Upon receipt of funds for any protect within the NRD-1 boundaries, the City Department of Finance shall deposit such funds into the NRD-1 Public Benefits Trust Fund. (c) The Wynwood Business Improvement District ("BID") shall, through a five (5) member committee of the BID to be formed on an annual basis each fiscal year, of which one (1) member shall be directly appointed by the City Commissioner from District 5, one (1) member shall be directly appointed by the City Commissioner from District 2, and three (3) members shall be appointed by the BID Board, allocate within the NRD-1 boundaries funds collected fo.r purposes consistent with Section 62-644. Expenditure of funds and any actions in furtherance of the expenditure shall be consistent with the powers and duties of the BID, comply with City procedures for the acquisition of goods and services, and approved within the annual budget of the BID by the City Commission. (d) Aminimum of twenty-five percent (25%) of funds in the NRD-1 Public Benefits Trust Fund shall be allocated towards affordable/workforce housing on an annual basis, and shall be expended pursuant to guidelines and procedures established by the City Commission. (e) The NRD-1 Public Benefits Trust Fund shall be established fo.r a period of time commensurate with the Wynwood Business Improvement District as set forth in Section 2-1316, and thereafter shall be reviewed by the City Commission every five (5) years to determine whether the purposes of the NRD-1 Public Benefits Trust Fund have been satisfied, and upon such finding, the NRD-1 Public Benefits Trust Fund shall sunset and any funds to be collected and allocated, pursuant to this Article and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund, as established in Section 62-641 of the City Code. Sec. 62-646. - Financial report. Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the City Commission prior to filing with the City Clerk. Sec. 62-647 - 62-649. Reserved. * City of Miami Page 2 of 3 File Id: 15-00809 (Version: 3) Printed On: 11/10/2015 File Number: 15-00809 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 thirty (30) days after final reading and adoption thereof.{2} APP'° OVED ' S TO FORM AND CORRECTNESS: V TORIAM' 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. City of Mlanti Page 3 of 3 File Id: 15-00509 (Version.: 3) Printed On: 11/10/2015 VERSION 4 City of Miami Legislation Ordinance: 13582 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00809 Final Action Date: 12/10/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND", MORE PARTICULARLY BY CREATING NEW SECTIONS 62-644, 62-645 AND 62-646 ENTITLED "NRD-1 PUBLIC BENEFITS TRUST FUND, INTENT", "ESTABLISHED" AND "FINANCIAL REPORT", RESPECTIVELY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust Fund", into which funds are collected from payments through the Public Benefits Program under the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, unique conditions exist within the boundaries of the NRD-1 including a lack of parks, open space and civic space and a lack of public land that is available to be developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little development within the NRD-1 boundaries and the development that has occurred under the previously existing zoning regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks other creative solutions to create parks, open space, civic space, and civil support uses to allow for and facilitate new residential uses within the NRD-1 boundaries; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), establishing the NRD-1 Public Benefits Trust Fund, as set forth and more particularly described below; and 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 and incorporated as if fully set forth in this section. Section 2. Chapter 62/Article XIV of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 62 PLANNING AND ZONING City of Miami Page 1 of 3 File Id: 15-00809 (Version: 4) Printed On: 1/28/2016 File Number:' 15-00809 Enactment Number: 13582 ARTICLE XIV. PUBLIC BENEFITS TRUST FUND Sec. 62-641. - Public Benefits Trust Fund; Intent. It is intended that the "Public Benefits Trust Fund" be established in order to collect the cash contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the city, to supplement affordable/workforce housing, public parks and open space, and green building certification shortfalls. Sec. 62-644. - 62 649. Reserved.NRD-1 Public Benefits Trust Fund; Intent. It is intended that the "NRD-1 Public Benefits Trust Fund" be established in order to collect cash contributions made according to the NRD-1 as established in the Miami 21 Code, as amended, the zoning ordinance of the City, to support reinvestment and supplement affordable/workforce housing, public parks and open space, and civic space or civil support space within the NRD-1 boundaries. Sec. 62-645. - Established. (a)There is hereby established a trust fund to be entitled the "NRD-1 Public Benefits Trust Fund," into which funds shall be deposited pursuant to this Article. (b) Upon receipt of funds for any project within the NRD-1 boundaries, the City Department of Finance shall deposit such funds into the NRD-1 Public Benefits Trust Fund. (c) The Wynwood Business Improvement District ("BID") shall, through a five (5) member committee of the BID to be formed on an annual basis each fiscal year, of which one (1) member shall be directly appointed by the City Commissioner from District 5, one (1) member shall be directly appointed by the City Commissioner from District 2, one (1) member shall be appointed by the City Commission, and two (2) members shall be appointed by the BID Board and submitted to the City Commission for confirmation, allocate within the NRD-1 boundaries funds collected for purposes consistent with Section 62-644. Expenditure of funds and any actions in furtherance of the expenditure shall be consistent with the powers and duties of the BID, comply with City procedures for the acquisition of goods and services, and approved within the annual budget of the BID by the City Commission. (d) A minimum of thirty-five percent (35%) of funds in the NRD-1 Public Benefits Trust Fund shall be allocated towards affordable/workforce housing on an annual basis, and shall be expended pursuant to guidelines and procedures established by the City Commission. (e) The NRD-1 Public Benefits Trust Fund shall be established for a period of time commensurate with the Wynwood Business Improvement District as set forth in Section 2-1316, and thereafter shall be reviewed by the City Commission every three (3) years to determine whether the purposes of the NRD-1 Public Benefits Trust Fund have been satisfied, and upon such finding, the NRD-1 Public Benefits Trust Fund shall sunset and any funds to be collected and allocated, pursuant to this Article and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund, as established in Section 62-641 of the City Code. Sec. 62-646. - Financial report. Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the City Commission prior to filing with the City Clerk. Sec. 62-647 - 62-649. Reserved. City of Miami Page 2 of 3 File Id: 15-00809 (Version: 4) Printed On: 1/28/2016 File Number: 15-00809 Enactment Number: 13582 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 thirty (30) days after final reading and adoption thereof.{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 3 of 3 File Id: 15-00809 (Version: 4) Printed On: 1/28/2016