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M iami, FL Code of Ordinances
DIVISION 21. - WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD
Sec. 2-1316. - Establishment and purpose.
The Wynwood Business Improvement District Board of the city ("BID board") is herewith established
for a period of ten years to improve and strengthen the area known as the Wynwood Arts District as more
particularly described in Resolution No. 13-0228 adopted on June 13, 2013 through promotion,
management, marketing, and other similar services, including but not limited to, coordination, funding,
implementation and maintenance of infrastructure improvements, and other projects. The Wynwood Arts
District shall be described herein as the "area." The BID board shall be the board charged with managing
the Wynwood Business Improvement District ("BID").
(Ord. No. 13404, § 2, 9-12-13; Ord. No. 13453, § 2, 5-8-14)
Sec. 2=1317. - Composition of board; terms, filling of vacancies.
(a) The BID board shall have seven voting members. All BID board members must be commercial
property owners in the district. Beyond the first year, all terms will be for two years. To ensure a voice
for North Miami Avenue, at least one of the seven board seats shall be dedicated to a property owner
from North Miami Avenue.
(1) The BID board, on the recommendation of the current chair, will form a slate selection
committee which will formulate a slate from among property owners who have been self -
nominated or nominated by other property owners. After approval by the BID board, the slate
will be put to an up -or -down as a whole vote by the commercial property owners of the BID, with
one vote allowed per assessed folio. Guidelines will be issued by the BID staff which will give
deadlines and acceptable manner for casting votes. The board shall be sworn and seated on or
about the first day of the month of October.
(2) Selecting and seating of future board members beyond the first year of the BID. The BID board
will finalize and establish the method for electing and seating of future BID board members in
the by-laws developed by them for the BID in the first year of operations.
(b) At the first meeting of the BID board, the members will determine lengths of terms for the initial BID
board. Three of the seven members will serve initial terms of one year. Four members will serve
initial terms of two years. In years "two" and beyond of the BID, all terms will be for two years. Among
the members of the board who serve an initial one-year term, the maximum time they may serve, if
re-elected, is a total of seven years—either consecutively or intermittently. Among the members of
the board who serve an initial two-year term, the maximum time they may serve, if elected, is a total
of six years—either consecutively or intermittently.
(c) Members shall continue to serve until their successors have been elected and seated. Appointments
to fill board vacancies shall be made by the chair and confirmed by a majority of the board for the
unexpired term only.
(d) Quorum shall consist of a majority four of voting members.
(e) The BID board shall have the power to establish committees and appoint the members to the various
committees.
(f)
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Protection from personal liability. The BID board shall maintain officers and director's liability
insurance coverage at all times, in an amount and in a form satisfactory to the city's director of risk
management. Nothing in this section shall be construed in any way to limit or waive sovereign
immunity.
(Ord. No. 13404, § 2, 9-12-13; Ord. No. 13453, § 2, 5-8-14)
Sec. 2-1318. - Qualifications of members.
(a) All members of the BID board shall be "affected commercial property owners" in the area.
(b) All members of the BID board shall be individuals of outstanding reputation for integrity,
responsibility and business ability and acumen.
(c) Convicted felons may not serve on the BID board.
(d) Before assuming the duties of the office, each member shall take and subscribe to the oath of office
required of officials of the city.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1319. - Meetings; parliamentary authority, rules and regulations; compensation of members.
The parliamentary authority of the BID board shall be Robert's Rules of Order for Small Boards and
Associations. The BID board shall hold regular meetings no less often than once each quarter. Special
meetings may be held when called in the manner provided in the by-laws of the BID. All meetings of the
BID board shall be open to the public. Each member of the BID board shall serve without remuneration.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1320. - Removal of members.
Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to
advise a BID board member as to the basis for his or her removal and after reasonable notice to the BID
board member and an opportunity for the member to be heard, the BID board, by a 51 percent vote of
the board, may remove a board member, so long as the reason for removal is one or more of the
following:
(1) If the member ceases to meet the qualifications and integrity criteria set forth herein or any
additional qualifications set forth in the BID board by-laws;
(2) If the member is not current with timely payment of BID assessment(s) due;
(3) For purposes of this section, being absent from three regular BID board meetings or committee
meetings—or a combination thereof—during a calendar year shall constitute good cause for
removal; or
(4) For one or more violations of the Sunshine Law, as reviewed by the Board and the Miami -Dade
County Commission on Ethics.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1321. - Powers and duties.
(a) The BID board shall have the power to:
(1) Subject to city commission approval, which approval shall not be unreasonably withheld, appoint
an executive director and fix the terms of engagement and compensation of the executive
director.
(2) Prepare an annual budget to be presented to the city commission for approval.
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(3) Plan, propose, and implement programs and services for the purpose of stabilizing and
improving the BID through promotion, management, marketing, and other similar services, such
as streetscape improvements.
(4) Plan and propose to the city and the city commission, within the area, public improvements,
including but not limited to renovation, repair, remodeling, reconstruction or other changes in
existing buildings and streetscape which in the opinion of the BID board will aid in the economic
growth of the area.
(5) Recommend to the city commission the acquisition by purchase or otherwise, of 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 or purpose of this article.
(6) Cooperate with any governmental agency or public body for the purposes authorized herein.
(7) Solicit and accept grants in cooperation with the city office of grants administration. The BID staff
shall contact the office of grants administration for assistance in project planning, proposal
writing, application assembly, and monitoring financial and budgetary compliance with grantor
agency guidelines. All grant applications shall be submitted to the office of grants administration
for review and coordination prior to submission. The BID board shall be responsible for
implementing and managing all of its grants. Any and all other contributions and financial
support from individuals, private business interests, the general public, governmental entities,
corporations and organizations, foundations and other philanthropic entities shall follow the
approvals established by the city.
(8) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to
the extent not in conflict or inconsistent herewith.
(9) The city manager may delegate to the executive director the authority to execute contracts
consistent with the provisions of chapter 18, article III, subject to BID board approval.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1322. - Employees generally.
(a) Executive director. The executive director shall serve at the pleasure of the BID board and shall be a
person of good moral character and have a reputation for integrity, responsibility and business
ability. No member of the BID board shall be eligible to hold the position of executive director. Before
entering upon the duties of his/her office, the executive director shall take and subscribe to the oath
as required of members of the BID board. Subject to the approval of the BID 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 BID in the manner authorized in this article. He/she
shall attend all meetings of the BID board and shall render periodic reports covering the activities and
financial condition of the BID. The executive director shall have no civil service rights or privileges.
(b) Staff. Subject to the specific policy directives and goals of the BID board, budget limitations, and the
approval of the board, the executive director may engage such staff members as are necessary for
the efficient operation of the BID. Staff members shall have no civil service rights or privileges.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1323. - Annual budget; source of funds.
(a) The BID board shall establish a fiscal year which coincides with that of the city. Within 60 days
following the effective date of the enactment of the ordinance from which this division derives, the
BID board shall submit to the city commission, in a form acceptable to the city manager, a BID board
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budget for adoption and ratification by the city commission. Commencing with fiscal year 2014-2015,
consistent with the city's budget process, the BID board shall submit to the city manager, a BID board
budget pertaining to management, operation and maintenance expenditures and delineating the
financial responsibility of the city for certain categories including but not limited to: insurance,
security, utilities and maintenance to be approved by the city commission. Nothing contained herein
shall be construed to prohibit the BID board from submitting a supplemental budget to the city
commission for approval.
(b) As needed, the BID will revise budgets and submit these revisions to the city commission for
approval. BID expenditures shall comply with city procedures for acquisition of goods and services.
(c) In conjunction with the submission of the budget, the BID board shall submit a plan reflecting the
proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal
year.
(d) No provision contained in this division shall be construed to violate the Anti -Deficiency Act, as set
forth in sections 18-500-18-503.
(e) The operations of the BID board shall be principally financed from the following sources and such
other sources as may be secured:
(1) Proceeds of a special assessment as authorized by resolution.
(2) Contributions, gifts, and/or donations to the BID board for the performance of its functions.
(3) Such parking waiver fees as are authorized.
(4) Such parking surcharge fees as are authorized.
(5) Such sidewalk cafe fees as are authorized.
(7) Such other fees as are authorized.
(8) Grant funds.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1324. - Annual report and audit.
The BID board shall submit to the mayor and city commission an annual report and an annual audit.
The audit shall be performed by an external auditor who is a certified public accountant.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1325. - Notices and filing of records.
The BID shall publicly notice meetings of board and committees at the city. The BID shall keep a
record of all motions passed at board and committee meetings.
(Ord. No, 13404, § 2, 9-12-13)
Sec. 2-1326. - Sunshine.
The BID will be governed by the Sunshine Law and will schedule appropriate training for each
member of the board and staff in this regard.
(Ord. No. 13404, § 2, 9-12-13)
Sec. 2-1327. - Counsel.
The office of the city attorney shall provide legal services to the BID board as may be necessary and
requested by the BID board.
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(Ord. No. 13404, § 2,9-12-13)
Miami, FL Code of Ordinances
Sec. 2-1328. - Inapplicability of sunset provision.
The BID board shall not be subject to the provisions of section 2-892 of the Code.
(Ord. No. 13404, § 2, 9-12-13)
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