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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT," MORE PARTICULARLY BY AMENDING DIVISION 1, TITLED "GENERALLY," TO DEFINE RESIDENCY IN THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("AUTHORITY") AND BY AMENDING DIVISION 2, TITLED "DOWNTOWN DEVELOPMENT AUTHORITY," TO AMEND THE COMPOSITION OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("AUTHORITY'S") BOARD OF DIRECTORS AND VARIOUS AMENDMENTS, INCLUDING BUT NOT LIMITED TO, THE AUTHORITY'S DEFINITIONS, POWERS AND DUTIES, AND REMOVAL OF MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 14 of the Code of Ordinances of the City of Miami, Florida, as amended ("City Code"), has not been revised or updated since 1998; and WHEREAS, Chapter 14 of the City Code governs the Downtown Development Authority of the City of Miami, Florida ("Miami DDA"); and WHEREAS, District 4 Commissioner, the appointed Chairman of the Miami DDA seeks to update the City Code governing the Miami DDA; and WHEREAS, the City Commission after careful consideration of the proposed updates deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its residents and visitors to amend Chapter 14 of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Section 2. Chapter 14/Article II of the City Code is hereby amended in the following particulars.' "DOWNTOWN DEVELOPMENT ARTICLE II. DOWNTOWN DISTRICT DIVISION 1. GENERALLY Sec. 14-26. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 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. 18186 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Authority: The Downtown Development Authority, the body corporate hereby created by this article, known as the Downtown Development Authority board of the City. Board: The governing body of the Authority selected as herein provided. Central business district: The area in the City to which this article primarily relates, zoned and used principally for business. Director: The chief executive officer of the Authority selected by the board as herein provided. Downtown: A specifically defined area or zone of the City in the central business district, established by the City. Governing body: The Commission of the City. Planning board: The department or agency of the City, by whatever name such department or agency may be known, which is chiefly responsible for community planning. Public facility: Any street, park, parking lot, playground, right-of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, building, including access routes to any of the foregoing designed and dedicated to use by the public generally, or used by any public agency with or without charge, whether or not the same is revenue producing. Reside or Resident: An owner of a property located within Downtown, as defined in this Article, which said property is the owner's homestead. Sec. 14-27. Boundaries designated. The Downtown District described as follows shall be under the jurisdiction and control of the Downtown Development Authority: Begin at the intersection of the centerline of NW 5th Street and NW 3rd Avenue (east of I- 95); thence run southerly along the centerline of NW 3rd Avenue and the easterly side of I- 95 to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the westerly Right -of - Way line of Metro Rapid Transit Right -of -Way (formerly Florida East Coast (FEC) Railroad Right -of -Way) said Right -of -Way line being 50 feet westerly of and parallel with the centerline of said Metro Rapid Transit Right -of -Way; thence run southerly and southwesterly along said westerly Right -of -Way line of Metro Rapid Transit to the intersection with the centerline of SW 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella Development Subdivision (107-14); thence northeasterly, northwesterly, and northeasterly along said westerly line of Costa Bella to the intersection with the southerly Right -of -Way line of SE 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and easterly Right -of -Way line of SE 14th Lane and SE 14th Terrace to the intersection with the northwesterly property line of Lot 31, Block 2 of Amended plat of Point View as recorded in Plat Book 2 at Page 93 of the public records of Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31, to the northeasterly side of the existing ten -foot alley in Block 2 of said Point View; THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of Point View; thence northeasterly along said line of Lots 4 and 5 and its prolongation thereof to the centerline of SE 14th Street; thence southeasterly along said centerline of SE 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Claughton Island Bridge; thence easterly along the said southerly Right -of -Way line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Miami - Dade County bulkhead line as recorded in Plat Book 73 at Page 18 of the public records of Miami -Dade County, Florida; thence southerly, easterly, northerly, and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly Right -of -Way line of the Metro Rapid Transit line of Brickell Avenue Bridge (SE 2nd Avenue); thence north along said bridge to the existing bulkhead on the corner of said Lot 1; thence northwesterly across a 10 foot -wide alley to the northeasterly corner of Lot 6 of Block 8 of Miramar amended as recorded in Plat Book 5 at Page 4 of the public records of Miami -Dade County, Florida; thence northwesterly along the northerly line of said lot 6 and its northwesterly extension to its intersection with the centerline of Sevilla Street (NE 4th Avenue) of said Miramar amended (5- 4); thence southwesterly along the centerline of said Sevilla Street (NE 4th Avenue) to its intersection with the centerline of Vedado Street (NE 4th Avenue) of said Miramar amended (5-4); thence northerly along the centerline of NE 4th Avenue (Vedado Street); thence northerly along the centerline of NE 4th Avenue to its intersection with the centerline of NE 19th Street; thence westerly along the centerline of NE 19th Street to a point of intersection with southerly extension of the easterly lot line of Lot 4 of Block 1 of Miramar amended as recorded in plat book 5 at page 4 of the public records of Miami - Dade County, Florida; thence northerly along the easterly lot line of Lot 4 and its extension thereof to the southerly lot line of Lot 8 of Coral Park as recorded in Plat Book 2 at Page 66 of the public records of Miami -Dade County, Florida; thence easterly along the southerly lot line of Lot 8 to the southeast corner of said Lot 8; thence northerly along the easterly Lot line of Lot 8 to the southerly Right -of -Way line of NE 20th Street; thence easterly along the southerly Right -of -Way line of NE 20th Street to the southerly extension of the easterly lot line of Lot 7 of said Coral Park (2-66); thence northerly along the easterly lot line of Lot 7 and its extension thereof to the northeast corner of Lot 7; thence westerly along the northerly lot line of Lot 7 to a point of intersection with the southerly extension of the easterly lot line of Lot 7 of Block 4 of Bayside Park amended as recorded in Plat Book 2 at Page 40 of the public records of Miami -Dade County, Florida; thence northerly along the easterly lot line of Lot 7 and its extension thereof across a 15-foot-wide alley to the northeast corner of Lot 7; thence continuing northerly across the Right -of -Way of NE 20th Terrace to the southeast corner of Lot 7 of Block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of Lot 7 to the northeast corner of said Lot 7; thence across a 15-foot-wide alley to the southeast corner of Lot 5 Block 3 of Bayonne Subdivision as recorded in Plat Book 2 at page 35 of the public records of Miami -Dade County, Florida; thence northerly along the easterly Lot line of Lot 5, and the northerly extension of its easterly lot line thereof, to the centerline of NE 21st Street; thence easterly along the centerline of NE 21st Street to a point of intersection with the southerly extension of the easterly lot line of Lot 3 of Block 1 of Bayonne Subdivision (2-35); thence northerly along the easterly lot line and its extension thereof, to the southerly lot line of tract A of Caruso Subdivision as recorded in Plat Book 79 at page 23 of the public records of Miami- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Dade County, Florida; thence easterly along the southerly tract line of tract A to the southerly extension of the easterly Right -of -Way line of NE 4th Avenue; thence northerly along the easterly Right -of -Way line of NE 4th Avenue and its extension thereof to the centerline of NE 24th Street; thence westerly along the centerline of NE 24th Street to the centerline of NE 2nd Avenue; thence southerly along the centerline of NE 2nd Avenue to the centerline of NE 17th Street; thence westerly along the centerline of NE 17th Street and NW 17th Street to the northerly shoreline of the Miami River; said bulkhead line also being the southerly boundary of the Dupont Plaza Center and Miami Center joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina to a point of intersection with the southerly Right -of -Way line of State Road A-1-A (Douglas Macarthur Causeway); thence easterly along the southerly Right -of -Way of said Douglas MacArthur Causeway to its intersection with the easterly Right -of -Way line of the Intercoastal Waterway, said point also being the westerly line of the submerged parcel of land of the NW quadrant of Watson Island as shown on the boundary survey of NW quadrant upland and submerged parcel (City of Miami miscellaneous file 61-398); thence southerly along the easterly Right -of -Way line of said Intercoastal Waterway to a point of intersection of the turning basin limit with the northerly line of the Miami main ship channel, said point also being approximately 500 feet west of the westerly bulkhead line of Watson Island and 1,200 feet southerly of the south Right -of -Way line of Douglas MacArthur Causeway, as per O.R.B. 2454, pages 77-79; thence northeasterly, southeasterly, and northeasterly along the southeasterly line of said NW quadrant of Watson Island to the most easterly corner of said NW quadrant of Watson Island, said corner being on the southwesterly Right -of -Way line of Douglas Macarthur Causeway; thence northwesterly and westerly along the said Right -of -Way line to the northwest corner of said NW quadrant of Watson Island; thence westerly along the southerly Right -of -Way line of the state road A-1-A (Douglas Macarthur Causeway) to the bulkhead line of Biscayne Bay; thence northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of NE 17th Street extended easterly; thence westerly along the centerline of NE 17th Street and its extension thereof to a point of intersection with the centerline of North Bayshore Drive; thence northerly along the centerline of North Bayshore Drive to its intersection with the centerline of NE 17th Terrace; thence northwesterly along the centerline of NE 17th Terrace to its intersection with the southwesterly extension of the northwesterly line of Lot 2 of block 1 of Seaport as recorded in Plat Book 149 at 79 of the public records of Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 2, and it's said southwesterly extension thereof, to the southwesterly corner of Lot 1 of Block 1 of said Seaport (149-79); thence southeasterly and easterly along the southerly line of said lot 1 and its easterly extension to its intersection with the centerline of North Bayshore Drive; thence northeasterly along the centerline of North Bayshore Drive to its intersection with the southeasterly extension of the northerly line of said Lot 1 of Block 1 of said Seaport (149-79); thence northwesterly along the northerly line of said Lot 1, and its said southeasterly extension thereof, to the northwesterly easterly Right -of -Way fine of the FEC Railroad; thence southerly along the easterly Right -of -Way line of the FEC Railroad to the centerline of NW 5th Street thence westerly along the centerline of NW 5th Street to the point of beginning. All lands situated and lying in Miami -Dade County, Florida. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Sec. 14-28. Property subject to ad valorem taxes for payment of City's general obligation debts, etc. All real property located within the central business district shall be subject to ad valorem taxes to pay the principal and interest on all existing general obligation debts of the City and any future debts which may be authorized by law. Sec. 14-29. Powers of City cumulative. All powers conferred upon the City by this article are and shall be supplemental and in addition to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof. Secs. 14-30-14-50. Reserved. DIVISION 2. DOWNTOWN DEVELOPMENT AUTHORITY Sec. 14-51. Downtown Development Authority created. Pursuant to Laws of Fla., ch. 65-1090, there is hereby created the downtown development Authority of the City, which Authority shall be a body corporate with the power to sue and be sued in all the courts of the state and shall have its own corporate seal. Sec. 14-52. Downtown Development Authority Board —Composition; appointment and terms of office of members and executive board; filling of vacancies. (a) The affairs of the Authority shall be under the direct supervision and control of a board consisting of 4517 members, appointed, and confirmed, by the City Commission in the manner indicated in subsection (b) below. (b) The Board shall be constituted by 4517 members as follows: (1) The City Commission, at large, shall appoint one of its City Commissioners nnembcr& to be the chairperson of the board and the 157th member thereof of the Authority's Board. The chairperson of the Authority shall have the power to appoint the chairperson(s) to the various committees which the Authority shall have the power to establish from time to time. (2) One member may be appointed by the Board of County Commissioners of Miami - Dade County and submitted to the City Commission for confirmation. (3) One member may be appointed by the cabinet of the state and submitted to the City Commission for confirmation. (4) One member may be appointed by the Miami Dade College and submitted to the City Commission for confirmation. (4) The remaining 12 members shall be appointed by the then current board of directors of the Authority and submitted to the City Commission for confirmation. At least eight board shall include at least one member from each sub district created by the Authority from time to time. A proposed member shall not be a member of the board of directors of the Authority until confirmed by the City Commission. In the event that an appointee is rejected by the City Commission, then the board shall appoint a successor(s) until all 12 seats are filled by appointees who are confirmed by the City THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (5) Commission. The remaining 13 members shall be appointed by the Board of the Authority and submitted to the City Commission for confirmation. Each of the 13 members shall be designated as follows: I. One (1) resident of Brickell district, which may be defined by the Authority II. One (1) resident of the Central Business District III. One (1) resident of the Arts and Entertainment district, which may be defined by the Authority IV. One (1) business owner in Brickell district, which may be defined by the Authority. V. One (1) business owner in the Central Business District VI. One (1) business owner in the Arts and Entertainment district, which may be defined by the Authority VII. One (1) representative of a major stakeholder within the boundaries of the Authority VIII. One (1) individual employed in the sports and entertainment industry IX. One (1) representative of Flagler Street X. One (1) individual that works in land use, zoning, or transportation XI. One (1) individual that is employed in the arts and culture business/industry XII. Two (2) at -large members of Downtown At least forty (40%) of Authority appointees must be residents of Downtown. The Board shall continue to include at least one (1) member from each sub -district created by the Authority from time to time. A proposed member shall not be considered a member of the Board until confirmed by the City Commission. In the event an appointee is rejected by the City Commission, the Board shall appoint a successor consistent with the above categories until all thirteen (13) seats are filled with appointees who are confirmed by the City Commission. In the event the City Commission does not reject a proposed member appointed by the board of county Commissioners or by the cabinet of the state within the next two meetings of the City Commission taking place after the date the City Commission is notified of such appointment, then said appointee shall be deemed confirmed by the City Commission. If, however, any such appointee is rejected by the City Commission within the aforementioned period, then the board of County Commissioners and/or the cabinet of the state shall have a period of ten days, after being notified of the rejection, in which to appoint a replacement, who shall be again subject to confirmation by the City Commission. In the event that the appointee is, again, rejected by the City Commission, then the board of directors of the Authority shall have the right to fill the vacant position(s) in the manner provided in subsection (6). (6) In the event that the board of County Commissioners or the cabinet of the state fails to appoint a member within 30 days from the date that the nomination is requested by the board of the Authority, or within ten days after being notified of the rejection of a nominee, then the board may appoint proposed members(s) for said positions. The THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. proposed members for the county and state seats shall be individuals who, in the opinion of the board, have the necessary qualifications and credentials to represent the board of county Commissioners and/or the cabinet of the state. The appointee(s) shall be submitted to the City Commission for confirmation, and shall be deemed confirmed unless the appointment is rejected by the City Commission within the next two meetings of the City Commission taking place after the date the City Commission is notified of said appointment. In the event of a rejection, the board shall have the right to continue to submit the name of appointee(s) until confirmation by the City Commission. (c) Members shall serve terms of four L11 years expiring on December 31 of the fourth year of their term. Members shall serve a maximum of two (2) consecutive terms. cight consecutive years, provided that upon the unanimous vote of the board, the City Commission may, by unanimous vote, extend the term of a member for one additional of this section, have served on the board for a period in excess of eight years shall be permitted to finish their term and may serve for one additional period of four years upon the unanimous vote of the board and the City Commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. Appointments made to fill an unexpired term shall be for the remainder of that term only and shall not count toward the appointee's two (2) term limit. Limitations on terms shall not apply to the members nominated by the Board of County Commissioners of Miami -Dade County, Cabinet of the State, and Miami Dade College and approved by City Commission. (d) In the event that the Authority's boundaries are expanded, the Authority shall recommend the appointment of up to two (2) additional members, one (1) resident and (1) business owner of the newly incorporated area to the Authority. These additional seats shall be created to ensure adequate representation of the interests and needs of property owners, business owners, and residents within the newly incorporated area and must comply with qualifications of section 14-53. (d) Quorum shall consist of five members. Rules of procedure of the board may require up to nine members to be present in person or by telephone to take board action. Sec. 14-53. Same —Qualifications of members. (a) Except for the seats to be filled by the City Commission, the board of county Commissioners, or the cabinet of the state, all members of the board shall either (1) reside; of (2) work; or (3) own (or be the designated representative of the owner of) a business; or (4) own (or be the designated representative of the owner of) real property in the Downtown district, as described in section 14-27 of this Article and in accordance with Section 14-52 of this Article. For purposes of this section, a person shall be deemed to "own real property" where the person is the owner of the fee simple title, or owns the leasehold interest on the property under a lease having an original term of at least 30 years. All members of the board shall be individuals of outstanding reputation for integrity, responsibility and business ability and acumen. No officer or employee of the City, other than one member of the City Commission, shall be eligible for appointment to the board. (b) Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the City. Sec. 14-54. Same —Meetings; rules and regulations; compensation of members. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. The board shall adopt and promulgate rules governing its procedures subject to approval by the City Commission and shall hold regular meetings no less often than once each month, except for any month in which the City Commission is not in session. Special meetings may be held when called in the manner provided in the rules procedures of the board. All meetings of the board shall be open to the public. Each member of the board shall serve without compensation. Sec. 14-55. Same —Removal of members. (a) Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise a board member as to the basis for his or her removal and after reasonable notice to the board member and an opportunity for the member to be heard by the Board, the City Commission or the board of dircctors Authority; may remove a board member: (1) For cause; or (2) Upon the occurrence of an event that causes the member to cease to meet their qualification criteria set forth in sections 14-52 and 14-53; or (3) As otherwise provided by law. For purposes of this section, being absent from three consecutive regular board meetings or from four regular board meetings during a calendar year shall constitute good cause for removal. (b) Notwithstanding anything in the Code to the contrary, in the event a Board member has served ten (10) years, consecutively or non -consecutively, they shall be automatically removed, and the Authority shall fulfill the vacancy within 3 months of the seat's vacancy. However, automatic removal for time served on the Board shall not apply to the members nominated by Board of County Commissioners of Miami -Dade County, Cabinet of the State, and Miami Dade College and approved by City Commission. Sec. 14-56. Same —Powers and duties. (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 dDirector; 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. Study and analyze the impact of metropolitan growth upon the central business district. (3) (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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (5) which in the opinion of the board will aid in the economic growth of the downtown area. 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. 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. 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. (10) The Board shall review and make recommendations to the City of Miami Commission prior to any amendments to this Article being considered by the City of Miami Commission. (7) (9) Sec. 14-57. Same —Additional powers and duties. 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (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. 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. 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. (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. (3) (5) (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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. Sec. 14-58. Employees generally. (a) The board shall employ and fix the compensation, subject to the approval of the City Commission, of the executive Director of the board, who shall serve at the pleasure of the board. The executive Director shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be eligible to hold the position of exe^c�cccutive-Director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath and furnish bond as required of members of the board. He/she shall be the chief executive officer of the Downtown Development Authority and shall devote his/her entire time and attention to the duties of his/her office. He/she shall not, while serving as executive Director, engage in any other business or profession. Subject to the approval of the Board, and direction by it when necessary, he/she shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the Authority in the manner authorized in this article. He/she shall attend all meetings of the board and shall render to THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. the board, the mayor and to the City Commission, a monthly report covering the activities and financial condition of the Authority. In the absence or disability of the exe^c�cccutive- Director, the Board may designate a qualified person to perform the duties of the office as acting executive Director. The executive Director shall furnish the board with such information or reports governing the operation of the Authority as the board may from time to time require. (b) Subject to the approval of the board, the executive Director shall employ and fix the compensation of: (1) A treasurer, who shall keep the financial records of the Authority and who, together with the executive Director, shall perform such other duties as may be delegated to him/her by the board. At the discretion of the board, the functions of the treasurer may be performed by an outside professional retained and approved by the board for these purposes. (2) A secretary, who shall maintain custody of the official seal and of all records, books, documents or other papers not required to be maintained by the treasurer. The secretary shall attend all meetings of the board and keep a record of all its proceedings. The secretary shall perform such other duties as may be delegated by the board. (3) Such clerical, technical and professional assistance, including, but not limited to, engineering, planning, economic research and other fields, as shall in the opinion of the board be necessary to provide for the efficient performance of the functions of the board. Sec. 14-59. Annual budget; source of funds. (a) No later than 30 days prior to the date the City Commission establishes the millage rate for the City, the executive Director shall prepare for the approval of the board a budget for the operation of the downtown development Authority for the ensuing fiscal year. The budget shall be prepared in the same manner as required of all departments of the City. When approved by the board it shall not require approval of any officer or body of the City other than the City Commission. No funds of the City may be included in the budget of the Authority except those funds authorized in this article. (b) The operations of the downtown development Authority shall be principally financed from the following sources and such other sources as may be approved by the City Commission: (1) Donations to the Authority for the performance of its functions. (2) Proceeds of an ad valorem tax, not exceeding 0.4750 mills per dollar valuation of property in the downtown area designated by the City Commission. Money borrowed and to be repaid from other funds received under the Authority of this article which shall include federal funds, contributions and funds derived from the millage authorized to be levied under this article. (3) Sec. 14-60. Annual ad valorem tax levy in downtown district; disposition of funds. The City Commission is authorized to levy an additional ad valorem tax on all real and personal property in the downtown district as described in this article, not exceeding 0.4750 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. mills on the dollar valuation of such property, for the purpose of financing the operation of the downtown development Authority. This levy of 0.4750 mills per dollar ad valorem tax shall be in addition to the regular ad valorem taxes and special assessments for improvements imposed by the City Commission. The tax collector shall transmit funds so collected to the appropriate officer of the City responsible for the handling of the public money who shall deposit the same in the City treasury to the credit of the Authority. Such money shall be used for no purpose other than those purposes authorized in this article and, upon approval of the board, pursuant to vouchers signed by a minimum of two authorized signatories of the Authority, who shall be the executive Director and one member of the Board of directors, or two members of the Board of directors. The funds of the Authority shall be secured as other public funds are secured. Other money received by the Authority shall forthwith be deposited in the City treasury to the credit of the Authority, subject to disbursement as authorized in this article. The City shall not obligate itself nor shall it ever be obligated to pay any sums from general public funds, or from any public funds other than money received pursuant to section 14-59 for or on account of any of the activities of the Authority. Sec. 14-61. Assessment of funds for handling and auditing by City. The City Commission shall have the power to assess against the funds of the downtown development Authority, for the use and benefit of the general fund of the City, a reasonable pro rata share of such funds for the cost of handling and auditing, which assessment when made shall be paid annually by the board pursuant to an appropriate item in its budget. Sec. 14-62. Conflicts of interest of board members, employees, etc. No board member nor any employee of the board shall vote or otherwise participate in any matter in which he/she has a financial interest, either direct or indirect. When such interest shall appear, it shall be the duty of the Board member, or employee, to make such interest known and he/she shall thenceforth refrain from voting on or otherwise participating in the particular transaction involving such interest. Willful violation of the provisions of this section shall constitute malfeasance on the part of a member of the board, and shall be grounds for instant dismissal of any employee. Any transaction involving a conflict of interest, wherein a violation of this section is involved, may be rendered void at the option of the Board." 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 ten (10) days upon final reading and adoption thereof.2 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 Legislation Ordinance File Number: 18186 Final Action ate: SUBSTITUTED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE 14/ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI LORIDA, AS AMENDED ("CITY CODE"), TITLED "DOWNTOWN DEVELOPMENT/► •WNTOWN DISTRICT," MORE PARTICULARLY BY AMENDING DIVISION 1, TITL "GENERALLY," TO DEFINE RESIDENCY IN THE DOWNTOWN DEVOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("AUTHORITY") ' I D BY AMENDING DIVISION 2, TITLED "DOWNTOWN DEVELOPMEN AUTHORITY," TO AMEND THE COMPOSITION OF THE DOWNTOWN DEVELO ENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("AUTHORITY'S") BOAR► OF DIRECTORS AND VARIOUS AMENDMENTS, INCLUDING BUT NOT LIMITE P 0, THE AUTHORITY'S DEFINITIONS, POWERS AND DUTIES, AND REMOVAL 'iF MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROV SING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 14 of the Code of Ordina ' -s of the City of Miami, Florida, as amended ("City Code"), has not been revised or upded since 1998; and WHEREAS, Chapter 14 of the City Code overns the Downtown Development Authority of the City of Miami, Florida ("Miami DDA"); an WHEREAS, District 4 Commission = , the appointed Chairman of the Miami DDA seeks to update the City Code governing the M =mi DDA; and WHEREAS, the City Commis•. on after careful consideration of the proposed updates deems it advisable and in the best terest of the general welfare of the City of Miami ("City") and its residents and visitors to - end Chapter 14 of the City Code; NOW, THEREFORE :E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The ecitals and findings contained in the Preamble to this Ordinance are adopted by referenc and incorporated as if fully set forth in this Section. Section Chapter 14/Article II of the City Code is hereby amended in the following particulars.1 "DOWNTOWN DEVELOPMENT ARTICLE II. DOWNTOWN DISTRICT 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 unchanaed material. City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED DIVISION 1. GENERALLY Sec. 14-26. Definitions. For the purposes of this Article, the following words and phrases shall have the meanin respectively ascribed to them by this section: Authority: The Downtown Development Authority, the body corporate hereby crea d by this article, known as the Downtown Development Authority board of the City. Board: The governing body of the Authority selected as herein provided. Central business district: The area in the City to which this article primar relates, zoned and used principally for business. Director: The chief executive officer of the Authority selected by th• board as herein provided. Downtown: A specifically defined area or zone of the City in e central business district, established by the City. Governing body: The Commission of the City. Planning board: The department or agency of the ' ity, by whatever name such department or agency may be known, which is chiefly responsibl- for community planning. Public facility: Any street, park, parking lot,• .yground, right-of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, bu :ing, including access routes to any of the foregoing designed and dedicated to use by e public generally, or used by any public agency with or without charge, whether or not the . me is revenue producing. Reside or Resident: An owner of •i•ro•ert located within Downtown as defined in this Article which said •ro•ert is the ow' -r's homestead. Sec. 14-27. Boundaries designa d. The Downtown District d=-cribed as follows shall be under the jurisdiction and control of the Downtown Developmen uthority: Begin at the interse on of the centerline of NW 5th Street and NW 3rd Avenue (east of I- 95); thence run so herly along the centerline of NW 3rd Avenue and the easterly side of I- 95 to the centerl e of West Flagler Street; thence westerly along the centerline of said West Flagler eet to the centerline of the Miami River; thence meandering southeasterly along the ceerline of said Miami River to a point of intersection with the westerly Right -of - Way line • etro Rapid Transit Right -of -Way (formerly Florida East Coast (FEC) Railroad Right -of - ay) said Right -of -Way line being 50 feet westerly of and parallel with the center e of said Metro Rapid Transit Right -of -Way; thence run southerly and sou esterly along said westerly Right -of -Way line of Metro Rapid Transit to the in section with the centerline of SW 15th Road; thence southeasterly along the centerline 15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella Development Subdivision (107-14); thence northeasterly, northwesterly, and northeasterly along said westerly line of Costa Bella to the intersection with the southerly Right -of -Way line of SE 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and easterly Right -of -Way line of SE 14th Lane and SE 14th Terrace to the intersection with the northwesterly property line of Lot 31, Block 2 of Amended plat of Point View as recorded in Plat Book 2 at Page 93 of the public records of City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31, to the northeasterly side of the existing ten -foot alley in Block 2 of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of Point View; thence northeasterly along said line of Lots 4 and 5 and its prolongation thereof to the centerlin SE 14th Street; thence southeasterly along said centerline of SE 14th Street to a poin •f intersection with the existing bulkhead and shoreline of Biscayne Bay; thence mean• -ring northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Claughton Island Bridge; thence eas the said southerly Right -of -Way line of Claughton Island Bridge to the intersec westerly bulkhead line of Claughton Island, said bulkhead line being part of Dade County bulkhead line as recorded in Plat Book 73 at Page 18 of the Miami -Dade County, Florida; thence southerly, easterly, northerly, and said existing bulkhead and its westerly prolongation thereof around th intersection with the mainland on the easterly shoreline of Biscayne meandering in a northwesterly and westerly direction along the sh and the Miami River to the intersection with the easterly Right-o Rapid Transit line of Brickell Avenue Bridge (SE 2nd Avenue). bridge to the existing bulkhead on the corner of said Lot 1; t 10 foot -wide alley to the northeasterly corner of Lot 6 of B recorded in Plat Book 5 at Page 4 of the public records thence northwesterly along the northerly line of said I its intersection with the centerline of Sevilla Street amended (5- 4); thence southwesterly along the c Avenue) to its intersection with the centerline of Miramar amended (5-4); thence northerly alo Street); thence northerly along the centerlin centerline of NE 19th Street; thence west point of intersection with southerly exte Miramar amended as recorded in plat Dade County, Florida; thence north thereof to the southerly lot line of of the public records of Miami-D line of Lot 8 to the southeast line of Lot 8 to the southerly southerly Right -of -Way li line of Lot 7 of said Cor and its extension ther northerly lot line of easterly lot line of Page 40 of the easterly lot li northeast c Terrace t thence thenc Su ly along n with the e Miami- blic records of sterly, following sland to the ay; thence eline of Biscayne Bay ay line of the Metro ence north along said nce northwesterly across a k 8 of Miramar amended as Miami -Dade County, Florida; and its northwesterly extension to 4th Avenue) of said Miramar terline of said Sevilla Street (NE 4th edado Street (NE 4th Avenue) of said the centerline of NE 4th Avenue (Vedado of NE 4th Avenue to its intersection with the y along the centerline of NE 19th Street to a ion of the easterly lot line of Lot 4 of Block 1 of ook 5 at page 4 of the public records of Miami- y along the easterly lot line of Lot 4 and its extension t 8 of Coral Park as recorded in Plat Book 2 at Page 66 de County, Florida; thence easterly along the southerly lot rner of said Lot 8; thence northerly along the easterly Lot ight-of-Way line of NE 2Oth Street; thence easterly along the of NE 2Oth Street to the southerly extension of the easterly lot Park (2-66); thence northerly along the easterly lot line of Lot 7 f to the northeast corner of Lot 7; thence westerly along the t 7 to a point of intersection with the southerly extension of the of 7 of Block 4 of Bayside Park amended as recorded in Plat Book 2 at blic records of Miami -Dade County, Florida; thence northerly along the of Lot 7 and its extension thereof across a 15-foot-wide alley to the ner of Lot 7; thence continuing northerly across the Right -of -Way of NE 2Oth he southeast corner of Lot 7 of Block 1 of Bayside Park amended (2-40); rtherly along the easterly lot line of Lot 7 to the northeast corner of said Lot 7; across a 15-foot-wide alley to the southeast corner of Lot 5 Block 3 of Bayonne vision as recorded in Plat Book 2 at page 35 of the public records of Miami -Dade C'-unty, Florida; thence northerly along the easterly Lot line of Lot 5, and the northerly xtension of its easterly lot line thereof, to the centerline of NE 21st Street; thence easterly along the centerline of NE 21st Street to a point of intersection with the southerly extension of the easterly lot line of Lot 3 of Block 1 of Bayonne Subdivision (2-35); thence northerly along the easterly lot line and its extension thereof, to the southerly lot line of tract A of Caruso Subdivision as recorded in Plat Book 79 at page 23 of the public records of Miami - Dade County, Florida; thence easterly along the southerly tract line of tract A to the southerly extension of the easterly Right -of -Way line of NE 4th Avenue; thence northerly City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED along the easterly Right -of -Way line of NE 4th Avenue and its extension thereof to the centerline of NE 24th Street; thence westerly along the centerline of NE 24th Street to the centerline of NE 2nd Avenue; thence southerly along the centerline of NE 2nd Avenue to the centerline of NE 17th Street; thence westerly along the centerline of NE 17th Street a NW 17th Street to the northerly shoreline of the Miami River; said bulkhead line also bei the southerly boundary of the Dupont Plaza Center and Miami Center joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center nd Miami Center Joint Venture property to a point of intersection with the easterly pro- -rty line of Chopin Associates and Miami Center Limited Partnership; said property line the shoreline of Biscayne Bay; thence northerly along said easterly property li Associates and Miami Center Limited Partnership property along Biscayne southerly property line of Bayfront Park; thence continuing northerly, north northwesterly along the bulkhead line of Bayfront Park and the Bayfront a point of intersection with the southerly Right -of -Way line of State Ro Macarthur Causeway); thence easterly along the southerly Right -of - MacArthur Causeway to its intersection with the easterly Right-of- Intercoastal Waterway, said point also being the westerly line of land of the NW quadrant of Watson Island as shown on the b quadrant upland and submerged parcel (City of Miami misc southerly along the easterly Right -of -Way line of said Inte intersection of the turning basin limit with the northerly li said point also being approximately 500 feet west of t Island and 1,200 feet southerly of the south Right-o Causeway, as per O.R.B. 2454, pages 77-79; the northeasterly along the southeasterly line of sai most easterly corner of said NW quadrant of southwesterly Right -of -Way line of Douglas and westerly along the said Right -of -Way of Watson Island; thence westerly alon A-1-A (Douglas Macarthur Causeway northerly along the bulkhead line of centerline of NE 17th Street exte 17th Street and its extension th Bayshore Drive; thence north intersection with the centerl centerline of NE 17th Terr northwesterly line of Lo public records of Mia line of said Lot 2, a of Lot 1 of Block southerly line o North Baysho its intersect of said S said so FEC the p ng along of Chopin y to the sterly and ark Miamarina to A-1-A (Douglas ay of said Douglas ay line of the e submerged parcel of ndary survey of NW aneous file 61-398); thence oastal Waterway to a point of of the Miami main ship channel, westerly bulkhead line of Watson ay line of Douglas MacArthur e northeasterly, southeasterly, and W quadrant of Watson Island to the tson Island, said corner being on the acarthur Causeway; thence northwesterly e to the northwest corner of said NW quadrant e southerly Right -of -Way line of the state road o the bulkhead line of Biscayne Bay; thence iscayne Bay to a point of intersection with the ed easterly; thence westerly along the centerline of NE eof to a point of intersection with the centerline of North y along the centerline of North Bayshore Drive to its e of NE 17th Terrace; thence northwesterly along the ce to its intersection with the southwesterly extension of the of block 1 of Seaport as recorded in Plat Book 149 at 79 of the Dade County, Florida; thence northeasterly along the northwesterly it's said southwesterly extension thereof, to the southwesterly corner f said Seaport (149-79); thence southeasterly and easterly along the aid lot 1 and its easterly extension to its intersection with the centerline of Drive; thence northeasterly along the centerline of North Bayshore Drive to with the southeasterly extension of the northerly line of said Lot 1 of Block 1 port (149-79); thence northwesterly along the northerly line of said Lot 1, and its easterly extension thereof, to the northwesterly easterly Right -of -Way fine of the ilroad; thence southerly along the easterly Right -of -Way line of the FEC Railroad to enterline of NW 5th Street thence westerly along the centerline of NW 5th Street to the nt of beginning. All lands situated and lying in Miami -Dade County, Florida. Se 14-28. Property subject to ad valorem taxes for payment of City's general obligation debts, e All real property located within the central business district shall be subject to ad valorem taxes to pay the principal and interest on all existing general obligation debts of the City and any future debts which may be authorized by law. City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED Sec. 14-29. Powers of City cumulative. All powers conferred upon the City by this article are and shall be supplemental and in addition to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof. Secs. 14-30-14-50. Reserved. DIVISION 2. DOWNTOWN DEVELOPMENT AUTHORITY Sec. 14-51. Downtown Development Authority created. Pursuant to Laws of Fla., ch. 65-1090, there is hereby created the downtow •evelopment Authority of the City, which Authority shall be a body corporate with the power sue and be sued in all the courts of the state and shall have its own corporate seal. Sec. 14-52. Downtown Development Authority Board —Composition; app• tment and terms of office of members and executive board; filling of vacancies. (a) The affairs of the Authority shall be under the direct supervision consisting of 4-517 members, appointed, and confirmed, by th manner indicated in subsection (b) below. (b) The Board shall be constituted by 4517 members as follo 's: (1) The City Commission, at large, shall appoint one its City Commissionersmembcrs to be the chairperson of the board and the 157 Board. The chairperson of the Authority shall ave the power to appoint the chairperson(s) to the various committees wch the Authority shall have the power to establish from time to time. (2) One member may be appointed by (3) (4) Authority from time directors of the A appointee is rej succe:.eor(s) Commissio membe th d control of a board ity Commission in the member thereof of the Authority's oard of county Commissioners of Dade County and submitted to the City C. mission for confirmation. One member may be appointed Commission [for] confirmation. the cabinet of the state and submitted to the City of the 12 appointees m be property owners, as provided in section 1 /1 53. The time. A proposed member shall not be a member of the board of ority until confirmed by the City Commission. In the event that an ed by the City Commission, then the board shall appoint a til all 12 seats are filled by appointees who are confirmed by the City The remaining 14 members shall be appointed by the Board of the Authority . d submitted to the City Commission for confirmation. Each of the 14 shall be designated as follows: One (1) resident of Brickell district, which may be defined by the Authority II One (1) resident of the Central Business District III. One (1) resident of the Arts and Entertainment district, which may be defined by the Authority. IV. One (1) business owner in Brickell district, which may be defined by the Authority. V. One (1) business owner in the Central Business District VI. One (1) business owner in the Arts and Entertainment district, which may be defined by the Authority. City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 (5) SUBSTITUTED VII. One (1) representative of Miami Dade College VIII. One (1) representative of Brickell City Center IX. One (1) representative of Miami World Center X. One (1) representative of Flagler Street Xl. One (1) individual that works in land use and zoning XII. One (1) individual that is employed in the arts and culture business dusty XIII. Two (2) at -large residents of Downtown At least five (5) of the fourteen (14) Authority appointees must be resi• is of Downtown. The Board shall continue to include at least one (1) me er from each sub -district created by the Authority from time to time. A proposed ember shall not be considered a member of the Board until confirmed by the Cit ommission. In the event an appointee is rejected by the City Commission, the Bo d shall appoint a successor consistent with the above categories until all fourt--n (14) seats are filled with appointees who are confirmed by the City Commission. In the event the City Commission does not reject a pro• •sed member appointed by the board of county Commissioners or by the cabinet the state within the next two meetings of the City Commission taking place after e date the City Commission is notified of such appointment, then said appointee . all be deemed confirmed by the City Commission. If, however, any such appoin e is rejected by the City Commission within the aforementioned period, then the bo - d of County Commissioners and/or the cabinet of the state shall have a period of = days, after being notified of the rejection, in which to appoint a replacement, who s►:II be again subject to confirmation by the City Commission. In the event that the . •pointee is, again, rejected by the City Commission, then the board of direct ► s of the Authority shall have the right to fill the vacant position(s) in the manner pr• ided in subsection (6). (6) In the event that the board of Co - ty Commissioners or the cabinet of the state fails to appoint a member within 30 d is from the date that the nomination is requested by the board of the Authority, o ithin ten days after being notified of the rejection of a nominee, then the board r:y appoint proposed members(s) for said positions. The proposed members for t - county and state seats shall be individuals who, in the opinion of the board, ve the necessary qualifications and credentials to represent the board of county ' ommissioners and/or the cabinet of the state. The appointee(s) shall be submitte• • the City Commission for confirmation, and shall be deemed confirmed unles- he appointment is rejected by the City Commission within the next two meetings ► the City Commission taking place after the date the City Commission is notified of .aid appointment. In the event of a rejection, the board shall have the right to co' inue to submit the name of appointee(s) until confirmation by the City Commi on. (c) Members • all serve terms of four L41 years expiring on December 31 of the fourth year of their ter . Members shall serve a maximum of two (2) consecutive terms. eight od of four y rs. Notwithstanding the foregoing memberc who as of the effective rlate permitted to finish their tcrm and may scrvc for one additional period of four years upon the unanimous vote of the board and the City Commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. Appointments made to fill an unexpired term shall be for the remainder of that term only and shall not count toward the appointee's two (2) term City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED limit. Limitations on terms shall not apply to the representatives nominated by Miami Dade College, Brickell City Center, and Miami World Center and approved by City Commission. (d) In the event that the Authority's boundaries are expanded, the Authority shall recommend the appointment of up to two (2) additional members, one (1) resident and (1) business owner of the newly incorporated area to the Authority. These additional seats shall be created to ensure adequate representation of the interests and needs of property ow rs, business owners, and residents within the newly incorporated area and must comp , with qualifications of section 14-53. (4e) Quorum shall consist of five members. Rules of procedure of the board may r= • uire up to nine members to be present in person or by telephone to take board action. Sec. 14-53. Same —Qualifications of members. (a) Except for the seats to be filled by the City Commission, the board of unty Commissioners, or the cabinet of the state, all members of the boar• hall either (1) reside; of (2) work; or (3) own (or be the designated representative of the ner of) a business; or (4) own (or be the designated representative of the owner of) re- property in the Downtown district, as described in section 14-27 of this Article and in accordance with Section 14-52 of this Article. For purposes of this section, a ' rson shall be deemed to "own real property" where the person is the owner of the f: - simple title, or owns the leasehold interest on the property under a lease having - original term of at least 30 years. All members of the board shall be individuals o •utstanding reputation for integrity, responsibility and business ability and acumen. No • icer or employee of the City, other than one member of the City Commission, shall b= eligible for appointment to the board. (b) Before assuming the duties of the office, each pointed member shall qualify by taking and subscribing to the oath of office required . officials of the City. Sec. 14-54. Same —Meetings; rules and regul ns; compensation of members. The board shall adopt and promulgate es governing its procedures subject to approval - Te City Commission and shall hold re• ar meetings no less often than once each month, except for any month in which the City mmission is not in session. Special meetings may be held when called in the manner provi• ' d in the rules procedures of the board. All meetings of the board shall be open to the publi Each member of the board shall serve without compensation. Sec. 14-55. Same —Removal • members. (a) Notwithstanding an ing in the Code to the contrary, by resolution specifying facts sufficient to advise a boar► member as to the basis for his or her removal and after reasonable notice to the board me •er and an opportunity for the member to be heard by the Board the City Commission or t board of directory Authority; may remove a board member: (1) For caus-, or (2) Upon e occurrence of an event that causes the member to cease to meet their qua cation criteria set forth in sections 14-52 and 14-53; or (3) L otherwise provided by law. For •urposes of this section, being absent from three consecutive regular board meetings or fro - four regular board meetings during a calendar year shall constitute good cause for rem' al. (b) Notwithstanding anything in the Code to the contrary, in the event a Board member has erved ten (10) years, consecutively or non -consecutively, they shall be automatically removed, and the Authority shall fulfill the vacancy within 3 months of the seat's vacancy. However, automatic removal for time served on the Board shall not apply to the representatives City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED nominated by Miami Dade College, Brickell City Center, and Miami World Center and approved by City Commission nor any current Board member serving as of October 1, 2025. Sec. 14-56. Same —Powers and duties. (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 corporation for profit. It shall exercise supervisory control over the activities of the Director and the staff of the downtown development Authority in carrying out the f ctions authorized by this article. (b) It shall be the duty of the board, and it shall have the power, to do the follow! (1) Appoint an executive dDirector; prescribe his/her duties; and fix his/h compensation, which shall be paid from funds available to the Authority. The staff - -mbers shall be employed by the exec Director, and shall have no civil servicrights or privileges. (2) Prepare an analysis of economic changes taking place in the ntral business district of the City. (3) Study and analyze the impact of metropolitan growth upo- the central business district. (4) Plan, and propose, and implement within the Downt• , n area, public improvements of all kinds, including renovation, repair, remodeling, construction or other changes in existing buildings which may be necessary or ap'- opriate to the execution of any such plan which in the opinion of the board will aid i► the economic growth of the downtown area. (5) To implement as provided in this article a» plan of development in the downtown area as shall be necessary to carry out functions, except that when funds are required the approval of the City Co ission is required. (6) In cooperation with the planning a• isory board and zoning board of the City and the planning department of the City, •evelop long range plans designed to halt the deterioration of property value in the central business district, and take such steps as may be necessary to persu- '-e property owners to implement such plans to the fullest extent possible. (7) Retain and fix the com• -nsation of legal counsel to advise the board in the proper performance of its du -s. The general counsel of the downtown development Authority as author ed in this article shall be a practicing attorney at law admitted to the practice of la in the state. He/she shall represent the Authority in all suits or actions brough •y or against the Authority involving the jurisdiction, power, duties, functions or - ivities of the Authority, or of the City, under the terms of this article. (8) To make - d enter into all contracts necessary or incidental to the exercise of its powers • d the performance of its duties. Borr• money on a short-term basis to pay expenses of operation following the as ssment and levy and prior to collection of the tax herein authorized, and to issue e dences of indebtedness, such loans to be signed by the chairperson and the ecretary 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. (9) City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED (10) The Board shall review and make recommendations to the City of Miami Commission prior to any amendments to this Article are considered by the City of Miami Commission. Sec. 14-57. Same —Additional powers and duties. In addition and supplemental to the powers provided in section 14-56, the Authority through its board, subject to the approval of the Commission of the City as hereinafter s shall have the right, power and Authority to: (1) Acquire by the exercise of the power of eminent domain any real property may deem necessary for its purposes under this article after the adopti resolution declaring that the acquisition of the real property described necessary for such purposes, subject to the need and plan therefor presented to the Commission of the City and its approval evidenc an appropriate resolution. The Authority may exercise the powe the manner provided in F.S. chs. 73 and 74. Property already may be acquired in like manner, provided that no real prop the county, the state or any political subdivision thereof consent. (2) Acquire by purchase or otherwise on such terms an as it may deem proper, or by the exercise of the p the need and plan therefor being first presented approval evidenced by the adoption of an app otherwise dispose of, lease as lessor or less or personal, or any rights or interests ther necessary for any project (hereafter defi acquire licenses, easements and opti (3) a• ng forth, hich it by itofa erein is eing first by the adoption of of eminent domain in evoted to a public use y belonging to the City, be acquired without its onditions and in such manner er of eminent domain, subject to the Commission of the City and its riate resolution, own, convey or any land and any other property, real , which it may determine is reasonably d) or purpose of this article; and to grant or s with respect thereto. Improve land, construct, reconstruc , equip, improve, maintain, repair and operate office buildings and any necessar or desirable appurtenances thereto, within the boundaries of the Authority for e housing in whole or in part of federal, state, county or municipal governmental e ies or any agencies thereof or any other person or corporation or any combin •n of the foregoing (each such office building being herein called a "project"), .ubject to the need and plan therefor being first presented to the mayor and Commis•. on of the City and its approval evidenced by the adoption of an appropriate resol • n. (4) Fix, charge and c• ect fees, rents and charges for the use of any project or any part thereof or any f. lities furnished thereby, or property under its control and to pledge such revenue a the payment of revenue bonds issued by it, subject to the need and plan therefo •eing first presented to the mayor and Commission of the City and its approval - idenced by the adoption of an appropriate resolution. Lease . - lessor any project, projects or property under its control or any part thereof and arge rentals for the use thereof sufficient with any other available revenues to pa e principal of and the interest on the revenue bonds issued to pay the cost of such project or projects, subject to the need and plan therefor being first resented to the mayor and Commission of the City and its approval evidenced by the adoption of an appropriate resolution. Accept grants and donations of any type of property, labor, or other thing of value from any public or private source. 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. (5) (7) City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED 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. 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 Commissioof the City and its approval evidenced by the adoption of an appropriate resolution Make or receive from the municipality or the county in which the Authority is I• ated conveyances, leasehold interests, grants, contributions, loans and other rig' s and privileges, subject to the need and plan therefor being first presented to t Commission of the City and its approval evidenced by the adoption of - appropriate resolution. Subject to the need and plan therefor being first presented to the City and its approval evidenced by the adoption of an appropriat such plan, issue, negotiate and sell, in accordance with the ap the laws of the state, except as otherwise herein provided, r Authority, payable solely from revenues, to pay all or any project, projects or purpose of this article upon such ter and form, and having such details, conditions and pro by resolution of the Authority not inconsistent with t such revenue bonds by a trust agreement by and trust company having trust company powers wit any such revenue bonds shall mature at such from their date and shall bear interest at a r annum; to take all steps deemed by it nec and marketing of the revenue bonds at the municipality where the Authority is of the City at private sale, at the bes agreements with corporate truste bonds, and the employment an the services of consultants on revenues to be anticipated matters, accounting matte needed to effectuate ad governed by the follo g mmission of the resolution approving icable provisions of enue bonds of the rt of the cost of any and conditions, manner ions as shall be determined provisions hereof, and to secure tween the Authority and a bank or or without the state, provided that e or times not later than 40 years or rates not exceeding six percent per sary or expedient for efficient preparation blic sale upon ten days' published notice in cated or with the approval of the Commission rice obtainable, including the entry into binding , underwriters, and the holders of the revenue ayment, as a necessary expense of issuance, for aluations, costs and feasibility of undertaking, d other financial matters, architecture, engineering, legal , and any other fields in which expert advice may be ntageous issuance and marketing; and such bonds shall be conditions: a. Any revenue bon•. issued under the provisions of this section shall not be deemed to be a debt of , e City, the county in which it is located, or the state, or a pledge of the faith and . edit of the City, county or state; but such bonds shall be payable solely from e revenues pledged for their payment as authorized herein. The City establishi' • such Authority, the county in which it is located, and the state are not directly -r indirectly obligated to pay the principal of or the interest on the bonds, and the f- and credit of the City is not pledged to the payment of such principal or inte'-st; and all such bonds shall contain this statement on their face. The issuance o evenue bonds under the provisions of this section shall not, directly or indirectly r 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. 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. Sec. 14-58. Employees generally. (a) The board shall employ and fix the compensation, subject to the approval of the City Commission, of the executive Director of the board, who shall serve at the pleasure of the City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED board. The executive Director shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be eligible to hold the position of exo^c�cccutive-Director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath and furnish bond as required of members of the board. He/she shall be the chief executive officer of the Downtown Development Authority and shall devote his/her entire time and attention to e duties of his/her office. He/she shall not, while serving as cxccutivc Director, engag= n any other business or profession. Subject to the approval of the Board, and direction b it when necessary, he/she shall have general supervision over and be responsible for t preparation of plans and the performance of the functions of the Authority in t manner authorized in this article. He/she shall attend all meetings of the board and s -II render to the board, the mayor and to the City Commission, a monthly report coveri • the activities and financial condition of the Authority. In the absence or disability of th= executive Director, the Board may designate a qualified person to perform the d es of the office as acting cxccutive Director. The cxccutive Director shall furnish the b• .rd with such information or reports governing the operation of the Authority as ' e board may from time to time require. (b) Subject to the approval of the board, the cxccutivc Director s- .II employ and fix the compensation of: (1) A treasurer, who shall keep the financial records of with the cxccutivc Director, shall perform such of him/her by the board. At the discretion of the b be performed by an outside professional reta purposes. (2) A secretary, who shall maintain custody documents or other papers not requir secretary shall attend all meetings o proceedings. The secretary shall the board. (3) Such clerical, technical and engineering, planning, eco the board be necessary board. e Authority and who, together r duties as may be delegated to rd, the functions of the treasurer may ed and approved by the board for these f the official seal and of all records, books, to be maintained by the treasurer. The he board and keep a record of all its rform such other duties as may be delegated by fessional assistance, including, but not limited to, mic research and other fields, as shall in the opinion of provide for the efficient performance of the functions of the Sec. 14-59. Annual budget; sr rce of funds. (a) No later than 30 day •rior to the date the City Commission establishes the millage rate for the City, the - --- . - Director shall prepare for the approval of the board a budget for the operation of the • •wntown development Authority for the ensuing fiscal year. The budget shall be prepar- • in the same manner as required of all departments of the City. When approved by e board it shall not require approval of any officer or body of the City other than the Ci / Commission. No funds of the City may be included in the budget of the Authority xcept those funds authorized in this article. (b) The o the C rations of the downtown development Authority shall be principally financed from lowing sources and such other sources as may be approved by the City mission: 1) Donations to the Authority for the performance of its functions. (2) Proceeds of an ad valorem tax, not exceeding 0.4750 mills per dollar valuation of property in the downtown area designated by the City Commission. City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED (3) Money borrowed and to be repaid from other funds received under the Authority of this article which shall include federal funds, contributions and funds derived from the millage authorized to be levied under this article. Sec. 14-60. Annual ad valorem tax levy in downtown district; disposition of funds. The City Commission is authorized to levy an additional ad valorem tax on all real an. personal property in the downtown district as described in this article, not exceeding 0.4 .0 mills on the dollar valuation of such property, for the purpose of financing the operatio •f the downtown development Authority. This levy of 0.4750 mills per dollar ad valorem to -hall be in addition to the regular ad valorem taxes and special assessments for improvemen imposed by the City Commission. The tax collector shall transmit funds so collected to the appropriate officer of the City responsible for the handling of the public money who shall dr•osit the same in the City treasury to the credit of the Authority. Such money shall be used for o purpose other than those purposes authorized in this article and, upon approval of the b• . d, pursuant to vouchers signed by a minimum of two authorized signatories of the Aut ity, who shall be the exec Director and one member of the Board of directors, or two mbers of the Board of directors. The funds of the Authority shall be secured as other publi unds are secured. Other money received by the Authority shall forthwith be deposited in th ity treasury to the credit of the Authority, subject to disbursement as authorized in this articl- . The City shall not obligate itself nor shall it ever be obligated to pay any sums from gene r - public funds, or from any public funds other than money received pursuant to section 14-59 •r or on account of any of the activities of the Authority. Sec. 14-61. Assessment of funds for handling and and ng by City. The City Commission shall have the power to ..sess against the funds of the downtown development Authority, for the use and benefit of e general fund of the City, a reasonable pro rata share of such funds for the cost of handlin• -nd auditing, which assessment when made shall be paid annually by the board pursuant • an appropriate item in its budget. Sec. 14-62. Conflicts of interest of board mbers, employees, etc. No board member nor any emplo e of the board shall vote or otherwise participate in any matter in which he/she has a financi interest, either direct or indirect. When such interest shall appear, it shall be the duty of the : pard member, or employee, to make such interest known and he/she shall thenceforth refr n from voting on or otherwise participating in the particular transaction involving such inte st. Willful violation of the provisions of this section shall constitute malfeasance on t part of a member of the board, and shall be grounds for instant dismissal of any employee ny transaction involving a conflict of interest, wherein a violation of this section is involved, ' .y be rendered void at the option of the Board." Section 3. If y section, part of a section, paragraph, clause, phrase, or word of this Ordinance is decl ed invalid, the remaining provisions of this Ordinance shall not be affected. Secti► 4. This Ordinance shall become effective ten (10) days upon final reading and adoption ereof.2 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: 18186 (Revision:) Printed On: 9/16/2025 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: City of Miami File ID: 18186 (Revision:) Printed On: 9/16/2025