HomeMy WebLinkAboutO-14404City of Miami
Ordinance 14404
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18186 Final Action Date: 10/23/2025
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.
SPONSOR(S): Commissioner Ralph "Rafael" Rosado
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.'
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.
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"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:
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
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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;
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);
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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 21 st Street; thence easterly
along the centerline of NE 21 st 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
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
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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.
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 4-517 members as follows:
(1) The City Commission, at large, shall appoint one of its City Commissioners membcrs
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.
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.
(45) The remaining 12 members shall be appointed by the then currcnt board of dircctors
of the Authority and submitted to the City Commission for confirmation. At least eight
of the 12 appointees must be property owncrs, as providcd in scction 14 53. The
board shall include at I ast one mcmbcr from ach sub district cr atcd by the
(3)
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(5)
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
cuccccsor(c) until all 12 s is arc fillcd by appointees who are confirmed by the City
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
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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 L years expiring on August 31 December 31 of the
fourth year of their term. Members shall serve a maximum of two (2) consecutive terms.
eight consccutivc y rs, providcd that upon the unanimous vote of the board, the City
Commission may, by una-nimou+s vote, extend the term of a member for one additional
o tih-is ssection have served on the board fora period in excecc 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.
(4e) 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.
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,
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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 directors 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 cxccutivc 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.
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(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.
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)
(8)
(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.
(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.
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(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.
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.
(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
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
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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 exec Director of the board, who shall serve at the pleasure of the
board. The exec 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 cxccutive 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 cxccutivc 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
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 cxccutivc
Director, the Board may designate a qualified person to perform the duties of the office as
acting cxccutive Director. The cxccutive 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 cxccutivc 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 cxccutivc 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
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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 axe- 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
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.
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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
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y tore -y 1/14/2026
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.
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