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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #3292 Ordinance Second Reading Sponsored by: Francis Suarez, Mayor, Ken Russell, Commissioner, Manolo Reyes, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," (1) TO AMEND DIVISION 2/SECTION 2-887(B) ENTITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY; QUORUM REQUIREMENTS," AND (2) BY ADDING A NEW DIVISION 24, CONSISTING OF SECTIONS 2-1338 THROUGH 2-1350, TO ESTABLISH THE "MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD" ("BOARD"); PROVIDING FOR A SUNSET DATE; SETTING FORTH THE PURPOSE, POWERS, AND DUTIES OF THE BOARD; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, AND OFFICERS; ESTABLISHING MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY, AND RULES OF PROCEDURE; ASSIGNING STAFF; REQUIRING ANNUAL REPORTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 3292 (Revision: B) Printed On: 3/31/2025 City of Miami Legislation Ordinance Enactment Number: 13752 File Number: 3292 Final Action Date: 3/22/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," (1) TO AMEND DIVISION 2/SECTION 2-887(B) ENTITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY; QUORUM REQUIREMENTS," AND (2) BY ADDING A NEW DIVISION 24, CONSISTING OF SECTIONS 2-1338 THROUGH 2-1350, TO ESTABLISH THE "MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD" ("BOARD"); PROVIDING FOR A SUNSET DATE; SETTING FORTH THE PURPOSE, POWERS, AND DUTIES OF THE BOARD; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, AND OFFICERS; ESTABLISHING MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY, AND RULES OF PROCEDURE; ASSIGNING STAFF; REQUIRING ANNUAL REPORTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on November 7, 2017, the registered voters of the City of Miami ("City") approved by referendum ballot for the City to issue General Obligation Bonds in an aggregate principal amount not to exceed Four Hundred Million Dollars ($400,000,000.00) with interest payable at or below the maximum rate allowed by law payable from ad valorem taxes levied on all taxable property in the City, provided that the capital projects' debt millage not exceed the current rate of 0.5935, for capital projects to reduce flooding risks; improve stormwater infrastructure; enhance public safety; and improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure, commonly referred to as the "Miami Forever Bond"; and WHEREAS, accordingly, the Mayor and the City Commission wish to create the Miami Forever Bond Program Citizens' Oversight Board ("Board") in order to ensure that the Miami Forever Bond Program ("Program") has transparent and accountable internal project management and progress reporting, including proactive community engagement and communications, and affords appropriate citizen oversight of the Program to complement the standard oversight provided by the City Commission; 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 by reference and incorporated as if fully set forth in this Section. City of Miami File ID: 3292 (Revision: B) Printed On: 3/31/2025 Section 2. Chapter 2/Article XI/Division 2/Section 2-897 of the Code of the City of Miami, Florida, as amended ("City Code"), is further amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-887. Quorum requirements; exceptions. (a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all boards' meetings, shall consist of fifty percent (50%) plus one Ll of the board's total membership. The decision of a majority of the board members present and voting at a meeting at which a quorum is present shall be the decision of the board. (b) The following boards are subject to quorum requirements as provided for elsewhere in this Code. Audit Advisory Committee Bayfront Park Management Trust Downtown Development Authority Equal Opportunity Advisory Board Mayor's International Council Miami Commission on the Status of Women Miami Forever Bond Program Citizens' Oversight Board Miami Sports and Exhibition Authority Parks and Recreation Advisory Board Street Codesignation Review Committee Urban Development Review Board * *„ Section 3. The Miami Forever Bond Program Citizens Oversight Board is hereby created and Chapter 2/Article XI of the City Code, is hereby amended to create a new Division 24/Sections 2-1338 through 2-1350, in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS 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. City of Miami File ID: 3292 (Revision: B) Printed On: 3/31/2025 DIVISION 24. MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD Sec. 2-1338. Established; sunset date. There is hereby established for a period of ten (10) years a City board to be known as the "Miami Forever Bond Program Citizens' Oversight Board," which shall hereinafter be referred to as the "Board". Sec. 2-1339. Purpose, powers, and duties. (a) The purpose, powers, and duties of the Board are: (1) To serve in an advisory capacity to the Mayor, City Commission, and City Administration related to the monitoring of the expenditure of bond proceeds derived from the issuance of the general obligation bonds approved by the electorate on November 7, 2017 for capital projects to reduce flooding risks; improve stormwater infrastructure; enhance public safety; and improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure, commonly referred to as the "Miami Forever Bond" ("Bond"); (2) To review and report to the Mayor, City Commission, and City Administration on the proper and efficient use of all Bond proceeds and request that vendors, contractors, consulting project managers, and any other entity or person receiving Bond funding to appear before the Board to answer questions regarding the status of such funded projects; and (3) To review quarterly expenditure reports produced by the City to ensure that Bond proceeds are expended on time, on schedule, and only for the purposes set forth in the ballot measure. (b) The establishment of priorities, determinations of specific projects to be financed and constructed, and order of financing and construction for all projects shall be made by the City Commission in its sole discretion. Sec. 2-1340. Membership; qualifications; terms of office and vacancies; officers. (a) Membership. The Board shall consist of seven (7) voting members who shall serve without compensation or benefits, shall be confirmed by the City Commission, and shall be composed as follows: (1) One (1) regular member nominated by the Mayor; (2) One (1) regular member nominated by each of the five (5) Commissioners for a total of five (5) regular members; and (3) One (1) at -large member nominated by each of the five (5) Commissioners for a one (1) year term, with nominations in rotating years in the following order: District 1, District 5, District 2, District 4, District 3. Thereafter, all members shall be appointed in the same order as above first established by appointments from Commissioner Districts. (b) Qualifications. (1) All members shall be permanent residents of the City and shall have good reputations for integrity and community service. In addition, all Board members should have demonstrated an interest in the field, activity, or sphere covered by the Board. All members shall also comply with the provisions of Sections 2-884(b), (c), (d), and (e) of this Article. (2) All members shall be qualified and distinguished by their education; experience; community advocacy or involvement; or attainments in public or private finance, professional engineering, project management, affordable housing, or resiliency and sustainability. City of Miami File ID: 3292 (Revision: B) Printed On: 3/31/2025 (3) No member shall have a conflict of interest with any project, vendor, contractor, consultant, or other entity or person receiving funding from the proceeds of the Bond issuance or interest derived therefrom. (c) Terms of office and vacancies. The provisions set forth in Section 2-885 of this Article shall apply to all members of the Board except that the terms of office for each regular member of the Board shall be two (2) years, unless appointed pursuant to subsection 2- 1340(a)(3), with the terms of office for said at -large member being (1) year. There shall be no limitation on the number of consecutive years served. (d) Officers. The Mayor shall designate the chairperson of the Board. The Board shall elect from its members a vice -chairperson and such other officers as may be deemed necessary who shall serve at the pleasure of the Board. No chairperson shall serve more than two (2) years. The vice -chairperson shall serve as chairperson in the absence of the chairperson. Sec. 2-1341. Meetings; quorum; attendance requirements; parliamentary authority; rules of procedure. (a) Meetings; quorum. All meetings of the Board shall be open to the public. A majority of the Board's appointed and qualified members at such time shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of not less than fifty percent (50%) plus one (1) of the members present and voting at any meeting is required for any action to be taken by the members. The Board shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. (b) Attendance requirement. The provisions set forth in Section 2-886 of this Article shall apply to all members of the Board. (c) Parliamentary authority; rules of procedure. The Board shall use Roberts Rules of Order (current edition) as its parliamentary authority or may adopt its own order of business and rules of procedure governing its meetings and actions on matters within its jurisdiction not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. Copies of minutes of all Board meetings shall be furnished to the Mayor, Commissioners, and City Manager. Sec. 2-1342. Assignment of staff. (a) It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for necessary administrative support to the Board including assignment of an individual to act as a liaison and secretary to the Board as well as the assignment of individuals from City Departments and Offices, as may be necessary, to advise the Board about ongoing and pending projects. It shall be the duty of the Board liaison to keep minutes or cause said minutes to be taken at all meetings, maintain committee correspondence, post meeting notices with the City Clerk, file reports, and perform all other necessary support functions. (b) The City Attorney shall serve as legal counsel to the Board. Sec. 2-1343. Annual reports. The provisions set forth in Section 2-890 of this Article shall apply related to the submittal of annual reports. Sec. 2-1343. Sunset provision. The Board shall not be subject to the provisions of Section 2-892 of this Article; however, the Board shall sunset ten (10) years after it is established. Sec. 2-1344 - 2-1350. Reserved. *11 City of Miami File ID: 3292 (Revision: B) Printed On: 3/31/2025 Section 4. 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 5. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Hktor ey 2/12/2018 ndez, City Attor ey ) 3/13/2018 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 File ID: 3292 (Revision: B) Printed On: 3/31/2025