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HomeMy WebLinkAboutO-14221City of Miami Ordinance 14221 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14720 Final Action Date: 10/26/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 3/SECTION(S), 12.5-42, 12.5-44, 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PURPOSE; POWERS AND DUTIES; 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; PRESIDENT/CHIEF EXECUTIVE OFFICER; APPOINTMENT, TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS, AND RESPONSIBILITIES," TO AMEND THE REQUIREMENTS OF THE LITTLE HAITI REVITALIZATION TRUST ("TRUST"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, the Little Haiti Revitalization Trust ("Trust") is a limited agency and instrumentality of the City of Miami ("City") tasked with the City's revitalization effort by facilitating and promoting economic development, business and commerce in the Little Haiti Revitalization Area; and WHEREAS, Chapter 12.5, Article I, Division 3, Section(s) 12.5-42, 12.5-44, 12.5-45 of the Code of the City of Miami, Florida, as amended ("City Code"), establishes the rules and regulations governing the Trust's purpose; powers and duties; 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; president/chief executive officer; appointment, term, qualifications, compensation, general powers, and responsibilities; and WHEREAS, the Trust would greatly benefit from an amendment to the provisions of the City Code to be consistent with current City of Miami practices, procedures and other provisions of the Code of the City of Miami including but not limited to the City's procurement code, meeting, and quorum requirements; and WHEREAS, it is in the best interest of the City to amend the City Code to allow for the amendment of the Code; 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. City of Miami Page 1 of 6 File ID: 14720 (Revision: A) Printed On: 7/14/2025 File ID: 14720 Enactment Number: 14221 Section 2. Chapter 12.5/Article I of the City Code is amended in the following particulars:' "CHAPTER 12.5 COMMUNITY REVITALIZATION ARTICLE I. COMMUNITY REVITALIZATION DISTRICTS DIVISION 3. LITTLE HAITI REVITALIZATION TRUST Sec. 12.5-42. Purpose; powers and duties. (a) Purpose. The Little Haiti Trust, in cooperation with the city manager, the department of housing and 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 Fivc Y r Consolidated Plan, adopted by the city commission in Fcbruary 201/1. The Little Haiti Trust shall promote economic development, business and commerce in the area. The Little Haiti 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 Little Haiti 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; and (2) Advocate the purposes of the Little Haiti Trust; and (3) Assist and advise the city commission, the department of housing and community development, other departments and other public officials and entities concerning the revitalization initiative in the area; and (4) Promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the area; and (5) Solicit and accept grants in cooperation with the office of grants administration. The Little Haiti Trust shall contact the office of grants administration for assistance in project planning, proposal writing, application assembly, and monitoring financial and budgetary compliance with granter 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 Little 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 Page 2 of 6 File ID: 14720 (Revision: A) Printed on: 7/14/2025 File ID: 14720 Enactment Number: 14221 Haiti 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; and (6) Implement full and active participation and cooperation with public and private entities in furtherance of the Little Haiti Trust's purpose to oversee and facilitate the revitalization of the area to improve the quality of life for residents of this neighborhood; and (7) Participate in any other fundraising activity, whether solely involving the Little Haiti Trust or involving partnerships with other persons or public or private organizations, which furthers the Little Haiti Trust's purpose, with the approval of the city commission; and (8) Establish independent city line items in the budget for deposit of revenues generated by the Little Haiti Trust and for disbursement of trust expenses; and (9) In a +en-4e erection 18 85(h) of thc City Codc, thc Littic Hai+i Tn ic+ shall contract and be non+ran+ed n ii+h for administrative pgooses onlry, of to exceed $5,000 00 per itee ears, services, and/or anyt nT�g of value in one tra- action or multiple traf a s concerning the same subject matter. ` and a� -coot ICI lire city commission approval;. .The Trust shall comply with the Procurement Code of the City of Miami. (10) To sue and be sued, plead and implead; (11) Notwithstanding any provisions to the contrary, the Little Haiti Trust shall exercise only such powers as are expressly granted pursuant to this division. Sec.12.5-44. 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 Little Haiti Trust shall consist of five voting members and onc youth, non voting member. Four of the voting members and onc youth, non voting member shall be appointed by the district 5 commissioner and confirmed by the city commission. One voting member shall be appointed by the city manager and confirmed by the city commission. (b) Terms of office and vacancies. Four voting members and onc youth, non voting member shall be appointed by the district 5 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 5 commissioner shall appoint an individual to fill a vacancy due to the death, resignation, or removal of his or her appointees to the Little Haiti 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 Little Haiti Trust, which person shall serve only for the remainder of the unexpired term. Members shall continue to serve until their successors have been appointed and confirmed. No member shall serve more than four consecutive years on the Little Haiti Trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. City of Miami Page 3 of 6 File ID: 14720 (Revision: A) Printed on: 7/14/2025 File ID: 14720 Enactment Number: 14221 (c) Membership qualifications. (1) The Little Haiti 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 residential construction, development, architecture and engineering, planning, zoning and land use law, economic development, historic preservation and restoration, administration, fiscal management, or community involvement. Members shall be subject to section 2-884 of the City Code. Notwithstanding the requirements herein this section or subsection 2-884(e) of the City Code, fire fighters and law enforcement officers may be appointed to the Little Haiti Revitalization Trust. The Littic Haiti Trust youth, non voting member shall be no less than 15 and no more than 18 ycars of age. (2)(3) Each member of the Little Haiti 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 Little Haiti Trust, and is expected to participate actively in the functioning of the Little Haiti Trust. (3)0) No member of the Little Haiti Trust shall become a candidate for elective political office during his or her term. Should any member of the Little Haiti Trust qualify as a candidate for elective political office, such qualification shall be deemed an immediate resignation from the Little Haiti Trust. (4)(5) No employee of Miami -Dade County or any municipality therein other than city employees shall serve on or be appointed to the Little Haiti Trust. (d) Procedure for appointment of members. 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 Little Haiti Trust at least 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 Little Haiti 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 the city clerk shall publicly make announcement of the fact that the list of names thus submitted, together with a short statement of the qualifications of each nominee, 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. (e) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Little Haiti Trust shall assume the duties of a member of the Little Haiti 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 of Florida. (f) Officers. The voting members of the Little Haiti 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 Little Haiti Trust City of Miami Page 4 of 6 File ID: 14720 (Revision: A) Printed on: 7/14/2025 File ID: 14720 Enactment Number: 14221 (g) shall have the power to appoint all members serving on the various committees which the Little Haiti Trust shall establish from time to time. All officers shall serve a term of one year or until a successor is elected. Quorum and voting. All meetings of the Little Haiti Trust shall be open to the public. Quorum requirements shall consist of three (3) members.consistent with section 2 887 of the City Code. The voting members of the Little Haiti Trust shall make and adopt bylaws and rules and regulations for the Little Haiti Trust's governance and for the operation and management of the revitalization initiative. (h) Meetings. The Little Haiti Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. At least one of the meetings of the Little Haiti Trust per year shall be held in the area. All meetings of the Little Haiti Trust shall be public. Recorded minutes of the proceedings of all actions taken at the meeting of the Little Haiti Trust shall be maintained by the Little Haiti Trust and shall be promptly and properly recorded and submitted to the city clerk. A designee of the Little Haiti Trust The city clerk shall transcribe the recorded minutes of the meetings of the Little Haiti Trust and provide a copy of the transcribed minutes to the president/chief executive officer of the Little Haiti Trust. (i) Attendance requirements. It is expected that members of the Little Haiti Trust attend each and every meeting. Members shall be subject to the attendance requirements of section 2-886 of the City Code. (j) Insurance. The Little Haiti Trust shall maintain officers and director's liability insurance coverage at all times in an amount and in a form satisfactory to the city's director of risk management. Sec. 12.5-45. President/chief executive officer; appointment, term, qualifications, compensation, general powers, and responsibilities. The president/chief executive officer shall be appointed by the Little Haiti Trust and approved by the city commission and receive such salary and benefits as shall be fixed by the Little Haiti Trust and approved by the city commission. The Little Haiti 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 Little Haiti Trust for the purpose of managing the revitalization initiative. After the hiring of the president/chief executive officer, the Little Haiti Trust shall submit monthly quarterly status reports on the Little Haiti 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 Little Haiti Trust member shall be eligible for appointment as president/chief executive officer. The president/chief executive officer shall take an oath before assuming any duties. Subject to the policy directives of the Little Haiti Trust, the president/chief executive officer shall have general supervision over and be responsible for the management and operation of all Little Haiti Trust activities and facilities. The president/chief executive officer shall execute all contracts on behalf of the Little Haiti Trust after approval by the Little Haiti Trust. The president/chief executive officer shall attend all meetings of the Little Haiti Trust, shall furnish the Little Haiti Trust a quarterly report with respect to the management and operation of the revitalization City of Miami Page 5 of 6 File ID: 14720 (Revision: A) Printed on: 7/14/2025 File ID: 14720 Enactment Number: 14221 initiative and the financial condition of the Little Haiti 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 Little Haiti Trust as may be required by the Little Haiti 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 Little Haiti Trust, the Little Haiti 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 Little Haiti 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 Little Haiti Trust until such time that a president/chief executive officer or an interim president/chief executive officer is appointed by the Little Haiti Trust and approved by the city commission pursuant to this section. 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 after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 9/19/2023 ndez, City Attor ey 10/17/2023 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 6 of 6 File ID: 14720 (Revision: A) Printed on: 7/14/2025