HomeMy WebLinkAboutBack-Up from Law Department8/25/2015 Miaml, FL Code of Ordinances
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.
(Code 1967, § 13-5; Code 1980, § 14-25)
State Law reference— Act authorizing creation of downtown development authorities in certain cities,
Laws of Fla., ch. 65-1090, set forth in pt. I, subpt. C, art. I of this volume.
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
15 members, appointed, and confirmed, by the city commission in the manner indicated in
subsection (b) below.
(b) The board shall be constituted by 15 members as follows:
(1) The city commission, at large, shall appoint one of its members to be the chairperson of the
board and the 15th member thereof. 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 Dade County and
submitted to the city commission for confirmation.
(3) One member maybe appointed by the cabinet of the state 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 of the 12
appointees must be property owners, as provided in section 14-53. The 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 commission.
(5) 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
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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 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 years expiring on August 31 of the fourth year of their term.
Members shall serve a maximum of eight 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 period of four years. Notwithstanding the foregoing, members who, as of the effective date
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.
(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.
(Code 1967, § 13-6; Ord. No. 9067, § 1, 2-12-80; Ord. No. 9071,§ 1, 2-28-80; Ord. No. 9705, § 1, 10-25-83;
Ord. No. 9869, § 1, 7-31-84; Ord. No. 10424, § 1, 4-14-88; Ord. No. 10534, § 1, 1-12-89; Ord, No. 10985, § 1,
5-14-92; Ord. No. 11043, § 1, 3-11-93; Ord. No. 11064, § 1, 5-27-93; Ord. No. 11130, § 10, 3-24-94; Ord. No.
11151, § 1, 5-23-94; Code 1980, § 14-26; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No.
11564, § 7,10-28-97; Ord. No. 11692, § 2, 7-21-98; Ord. No. 11734, § 2,12-8-98; Ord. No. 12519, § 3, 4-8-04;
Ord. No. 12905, § 2, 4-12-07)
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 (1) reside; or (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 II. 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.
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(Code 1967, § 13-7; Ord. No. 10714, § 1, 3-8-90; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11189, § 2,10-27-94;
Code 1980, § 14-27; Ord. No. 11373, § 6,6-27-96; Ord, No. 11538, § 3, 9-9-97; Ord. No. 11692, § 2, 7-21-98)
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, 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 of the board. All meetings of the board shall be open to the public. Each member of
the board shall serve without compensation.
(Code 1967, § 13-8; Code 1980, § 14-28; Ord, No. 12905, § 2, 4-12-07)
Sec. 14-55. - Same—Removal of members.
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, the city commission or the board of directors,
may remove a board member:
(1) For cause;
(2) Upon the occurrence of an event hat causes the member to cease to meet their qualification
criteria set forth in section 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.
(Code 1967, § 13-9; Ord. No. 9363, § 1, 1-14-82; Ord. No. 11130, § 10, 3-24-94; Code 1980, § 14-29; Ord. No.
11538, § 3, 9-9-97; Ord. No. 12905, § 2, 4-12-07)
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 director; prescribe his/her duties; and fix his/her compensation, which shall
be paid from funds available to the authority. The staff members shall be employed by the
executive director, and shall have no civil service rights or privileges.
(2) Prepare an analysis of economic changes taking place in the central business district of the city.
(3) Study and analyze the impact of metropolitan growth upon the central business district.
(4) Plan and propose, within the downtown area, public improvements of all kinds, including
renovation, repair, remodeling, reconstruction or other changes in existing buildings which may
be necessary or appropriate to the execution of any such plan which in the opinion of the board
will aid in the economic growth of the downtown area.
(5) To implement as provided in this article any plan of development in the downtown area as shall
be necessary to carry out its functions, except that when funds are required the approval of the
city commission is required.
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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.
(7) Retain and fix the compensation of legal counsel to advise the board in the proper performance
of its duties. The general counsel of the downtown development authority as authorized in this
article shall be a practicing attorney at law admitted to the practice of law in the state. He shall
represent the authority in all suits or actions brought by or against the authority involving the
jurisdiction, power, duties, functions or activities of the authority, or of the city, under the terms
of this article.
(8) To make and enter into all contracts necessary or incidental to the exercise of its powers and the
performance of its duties.
(9) Borrow money on a shortterm 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 chairman and the secretary of the authority. Prior to the issuance
of evidence of indebtedness for such loans, the board shall first present the plan and need
therefor and the commission of the city must approve such evidence of indebtedness by an
appropriate resolution. The rate of interest to be paid by the authority on any such debt shall be
the Lowest rate of interest available not to exceed six percent per annum. The authority shall hold
the city harmless with respect to any debt created hereunder.
(Code 1967, § 13-10; Ord. No. 8665, § 1, 6-21-77; Code 1980, § 14-30; Ord. No. 12905, § 2, 4-12-07)
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.
(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
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entities or any agencies thereof or any other person or corporation or any combination of the
foregoing (each such office building being herein called a "project"), subject to the need and plan
therefor being first presented to the mayor and commission of the city and its approval
evidenced by the adoption of an appropriate resolution.
(4) Fix, charge and collect fees, rents and charges for the use of any project or any part thereof or
any facilities furnished thereby, or property under its control and to pledge such revenue to the
payment of revenue bonds issued by it, subject to the need and plan therefor being first
presented to the mayor and commission of the city and its approval evidenced by the adoption of
an appropriate resolution.
(5) Lease as lessor any project, projects or property under its control or any part thereof and charge
rentals for the use thereof sufficient with any other available revenues to pay the principal of and
the interest on the revenue bonds issued to pay the cost of any such project or projects, subject
to the need and pian 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.
(11) Subject to the need and plan therefor being first presented to the commission of the city and its
approval evidenced by the adoption of an appropriate resolution approving such plan, issue,
negotiate and sell, in accordance with the applicable provisions of the laws of the state, except as
otherwise herein provided, revenue bonds of the authority, payable solely from revenues, to pay
all or any part of the cost of any project, projects or purpose of this article upon such terms and
conditions, manner and form, and having such details, conditions and provisions as shall be
determined by resolution of the authority not inconsistent with the provisions hereof, and to
secure such revenue bonds by a trust agreement by and between the authority and a bank or
trust company having trust company powers within or without the state, provided that any such
revenue bonds shall mature at such time or times not later than 40 years from their date and
shall bear interest at a rate or rates not exceeding six percent per annum; to take all steps
deemed by it necessary or expedient for efficient preparation and marketing of the revenue
bonds at public sale upon ten days' published notice in the municipality where the authority is
located or with the approval of the commission of the city at private sale, at the best price
obtainable, including the entry into binding agreements with corporate trustees, underwriters,
and the holders of the revenue bonds, and the employment and payment, as a necessary
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expense of issuance, for the services of consultants on valuations, costs and feasibility of
undertaking, revenues to be anticipated and other financial matters, architecture, engineering,
legal matters, accounting matters, and any other fields in which expert advice may be needed to
effectuate advantageous issuance and marketing; and such bonds shall be governed by the
following conditions:
a. Any revenue bonds issued under the provisions of this section shall not be deemed to be a
debt of the city, the county in which it is located, or the state, or a pledge of the faith and
credit of the city, county or state; but such bonds shall be payable solely from the revenues
pledged for their payment as authorized herein. The city establishing such authority, the
county in which it is located, and the state are not directly or indirectly obligated to pay the
principal of or the interest on the bonds, and the faith and credit of the city is not pledged to
the payment of such principal or interest; and all such bonds shall contain this statement on
their face. The issuance of revenue bonds under the provisions of this section shall not,
directly or indirectly or contingently, obligate the city, county or state to levy or to pledge any
form of taxation whatever therefor, or to make any appropriation for their payment.
b. All revenue bonds issued pursuant hereto shall be negotiable instruments for all purposes.
(12) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to
the extent not in conflict herewith or inconsistent herewith.
(Code 1967, § 13-10.1; Code 1980, § 14-31; Ord. No. 11564, § 7,10-28-97)
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
executive 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 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 executive 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)
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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.
(Code 1967, § 13-11; Code 1980, § 14-32; Ord. No. 11564, § 7,10-28-97; Ord. No. 12905, § 2, 4-12-07)
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 one-half mill per dollar valuation of property in the
downtown area designated by the city commission.
(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.
(Code 1967, § 13-12; Code 1980, § 14-33; Ord. No. 12905, § 2, 4-12-07)
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 one-half mill on the dollar
valuation of such property, for the purpose of financing the operation of the downtown development
authority. This levy of one-half mill 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.
(Code 1967, § 13-13; Code 1980, § 14-34; Ord. No. 12905, § 2, 4-12-07)
Sec. 14-61. - Assessment of funds for handling and auditing by city.
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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.
(Code 1967, § 13-14; Code 1980, § 14-35)
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 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 shall thenceforth refrain
from voting on or otherwise participating in the particular transaction involving such interest. Wilful
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.
(Code 1967, § 13-15; Code 1980, § 14-36)
City Code cross reference—Conflicts of interest, § 2-611 et seq.
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