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HomeMy WebLinkAboutSubmittal-James Angleton-City of Miami Code Sec. 14-56 & 14-57ubmitted into the pudic Sec. 14-56. Same —Powers and duties. ccoid f it nS;S) fi (A-1 1,5 . City Clerk (a) The board, subject to the provisions of this article, and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation for profit. It shall exercise supervisory control over the activities of the executive director and the staff of the downtown development authority in carrying out the functions authorized by this article. (b) It shall be the duty of the board, and it shall have the power, to do the following: (1) Appoint an executive director; prescribe his/her duties; and fix his/her compensation, which shall be paid from funds available to the authority. The staff members shall be employed by the executive director, and shall have no civil service rights or privileges. (2) Prepare an analysis of economic changes taking place in the central business district of the city. (3) Study and analyze the impact of metropolitan growth upon the central business district. (4) Plan and propose, within the downtown area, public improvements of all kinds, including renovation, repair, remodeling, reconstruction or other changes in existing buildings which may be necessary or appropriate to the execution of any such plan which in the opinion of the board will aid in the economic growth of the downtown area. (5) To implement as provided in this article any plan of development in the downtown area as shall be necessary to carry out its functions, except that when funds are required the approval of the city commission is required. (6) In cooperation with the planning advisory board and zoning board of the city and the planning department of the city, develop long range plans designed to halt the deterioration of property values in the central business district, and take such steps as may be necessary to persuade property owners to implement such plans to the fullest extent possible. (7) Retain and fix the compensation of legal counsel to advise the board in the proper performance of its duties. The general counsel of the downtown development authority as authorized in this article shall be a practicing attorney at law admitted to the practice of law in the state. He/she shall represent the authority in all suits or actions brought by or against the authority involving the jurisdiction, power, duties, functions or activities of the authority, or of the city, under the terms of this article. (8) To make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties. (9) Borrow money on a short-term basis to pay expenses of operation following the assessment and levy and prior to collection of the tax herein authorized, and to issue evidences of indebtedness, such loans to be signed by the chairperson and the secretary of the authority. Prior to the issuance of evidence of indebtedness for such loans, the board shall first present the plan and need therefor and the commission of the city must approve such evidence of indebtedness by an appropriate resolution. The rate of interest to be paid by the authority on any such debt shall be the lowest rate of interest available not to exceed six percent per annum. The authority shall hold the city harmless with respect to any debt created hereunder. (Code 1967, § 13-10; Ord. No. 8665, § 1, 6-21-77; Code 1980, § 14-30; Ord. No. 12905, § 2, 4-12-07; Ord. No. 13676, § 2, 4-27-17) Created: 2025-05-15 09:59:32 [EST] (Supp. No. 20, Update 1) Page 1 of 3 s\AYsA o�` - Jc�v�nQs 1\i‘ot.04\ —C;\ o� k\14An�Ct�Sec.14-56 I4«5'�y ► Submitted into the pu I Sec. 14-57. Same —Additional powers and duties. d for iteinis) on or5ltti (5 . City Clerk In addition and supplemental to the powers provided in section 14-56, the authority acting through its board, subject to the approval of the commission of the city as hereinafter set forth, shall have the right, power and authority to: (1) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. The authority may exercise the power of eminent domain in the manner provided in F.S. chs. 73 and 74. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the city, the county, the state or any political subdivision thereof may be acquired without its consent. (2) Acquire by purchase or otherwise on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution, own, convey or otherwise dispose of, lease as lessor or lessee any land and any other property, real or personal, or any rights or interests therein, which it may determine is reasonably necessary for any project (hereafter defined) or purpose of this article; and to grant or acquire licenses, easements and options with respect thereto. (3) Improve land, construct, reconstruct, equip, improve, maintain, repair and operate office buildings and any necessary or desirable appurtenances thereto, within the boundaries of the authority for the housing in whole or in part of federal, state, county or municipal governmental entities or any agencies thereof or any other person or corporation or any combination of the foregoing (each such office building being herein called a "project"), subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (4) Fix, charge and collect fees, rents and charges for the use of any project or any part thereof or any facilities furnished thereby, or property under its control and to pledge such revenue to the payment of revenue bonds issued by it, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (5) Lease as lessor any project, projects or property under its control or any part thereof and charge rentals for the use thereof sufficient with any other available revenues to pay the principal of and the interest on the revenue bonds issued to pay the cost of any such project or projects, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (6) Accept grants and donations of any type of property, labor, or other thing of value from any public or private source. (7) Receive the proceeds of the tax referred to in this article, subject to the commission of the city approving the millage assessment as provided therein. (8) Receive the revenues from any property, project or facility owned, leased, licensed, or operated by it or under its control, subject to the limitations imposed upon it by trusts or other agreements validly entered into by it. (Supp. No. 20, Update 1) Created: 2025-05-15 09:59:32 [EST] Page 2 of 3 Submitted into the pubic record ip r ite n)(S) . 1. 1: 4 Lt I LS . City Clerk (9) Cooperate and enter into agreements with any governmental agency or other public body, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. (10) Make or receive from the municipality or the county in which the authority is located conveyances, leasehold interests, grants, contributions, loans and other rights and privileges, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. (11) Subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution approving such plan, issue, negotiate and sell, in accordance with the applicable provisions of the laws of the state, except as otherwise herein provided, revenue bonds of the authority, payable solely from revenues, to pay all or any part of the cost of any project, projects or purpose of this article upon such terms and conditions, manner and form, and having such details, conditions and provisions as shall be determined by resolution of the authority not inconsistent with the provisions hereof, and to secure such revenue bonds by a trust agreement by and between the authority and a bank or trust company having trust company powers within or without the state, provided that any such revenue bonds shall mature at such time or times not later than 40 years from their date and shall bear interest at a rate or rates not exceeding six percent per annum; to take all steps deemed by it necessary or expedient for efficient preparation and marketing of the revenue bonds at public sale upon ten days' published notice in the municipality where the authority is located or with the approval of the commission of the city at private sale, at the best price obtainable, including the entry into binding agreements with corporate trustees, underwriters, and the holders of the revenue bonds, and the employment and payment, as a necessary expense of issuance, for the services of consultants on valuations, costs and feasibility of undertaking, revenues to be anticipated and other financial matters, architecture, engineering, legal matters, accounting matters, and any other fields in which expert advice may be needed to effectuate advantageous issuance and marketing; and such bonds shall be governed by the following conditions: a. Any revenue bonds issued under the provisions of this section shall not be deemed to be a debt of the city, the county in which it is located, or the state, or a pledge of the faith and credit of the city, county or state; but such bonds shall be payable solely from the revenues pledged for their payment as authorized herein. The city establishing such authority, the county in which it is located, and the state are not directly or indirectly obligated to pay the principal of or the interest on the bonds, and the faith and credit of the city is not pledged to the payment of such principal or interest; and all such bonds shall contain this statement on their face. The issuance of revenue bonds under the provisions of this section shall not, directly or indirectly or contingently, obligate the city, county or state to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. b. All revenue bonds issued pursuant hereto shall be negotiable instruments for all purposes. (12) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict herewith or inconsistent herewith. (Code 1967, § 13-10.1; Code 1980, § 14-31; Ord. No. 11564, § 7, 10-28-97) (Supp. No. 20, Update 1) Created: 2025-05-15 09:59:32 [EST] Page 3 of 3