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AGENDA ITEM COVER PAGE
File ID: #5650
Ordinance
First Reading
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID
BOARD)" TO INCORPORATE THE COCONUT GROVE BUSINESS IMPROVEMENT
DISTRICT'S BOARD OF DIRECTOR'S ("BID BOARD") RECOMMENDED
AMENDMENTS, WHICH WERE SUBMITTED TO AND APPROVED BY A MAJORITY
OF AFFECTED PROPERTY OWNERS, REDUCING THE NUMBER OF VOTING
MEMBERS OF THE BID BOARD FROM NINETEEN (19) MEMBERS TO NINE (9)
MEMBERS; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 17 OF THE
CITY CODE BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL
STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 5650 (Revision:) Printed On: 5/9/2019
File Number: 5650
City of Miami
Legislation
Ordinance
Enactment Number: 13833
Final Action Date: 4/25/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID
BOARD)" TO INCORPORATE THE COCONUT GROVE BUSINESS IMPROVEMENT
DISTRICT'S BOARD OF DIRECTOR'S ("BID BOARD") RECOMMENDED
AMENDMENTS, WHICH WERE SUBMITTED TO AND APPROVED BY A MAJORITY
OF AFFECTED PROPERTY OWNERS, REDUCING THE NUMBER OF VOTING
MEMBERS OF THE BID BOARD FROM NINETEEN (19) MEMBERS TO NINE (9)
MEMBERS; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 17 OF THE
CITY CODE BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL
STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Coconut Grove Business Improvement District ("BID") was established
to stabilize and improve retail and other business in the areas described in Sections 35-221 and
54-341 of the Code of the City of Miami, Florida, as amended ("City Code"), through promotion,
management, marketing, and other similar services, including but not limited to, coordination,
funding, implementation and maintenance of infrastructure improvements, and other projects;
and
WHEREAS, on June 11, 2018, the Board of Directors of the BID ("BID Board") proposed
and recommended that Chapter 2, Article XI, Division 17 of the City Code, titled "Coconut Grove
Business Improvement District Board (Bid Board)," be amended to modify the composition and
structure of the BID Board; and
WHEREAS, the City Commission adopted Resolution No. 18-0294 on July 12, 2018,
authorizing the BID Board's proposed and recommended amendments upon obtaining approval
of a majority of the affected property owners; and
WHEREAS, on October 19, 2018, the Office of the City Clerk tabulated the results of the
affidavit process conducted pursuant to Resolution No. 18-0294 during the period of July 13,
2018 through October 15, 2018 wherein the proposed and recommended amendments to the
BID Board were deemed to be approved by a majority of the affected property owners; and
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WHEREAS, Chapter 2, Article XI, Division 17 of the City Code should be amended to
incorporate the proposed, recommended, and approved amendments to the BID Board; and
WHEREAS, portions of Chapter 2, Article XI, Division 17 of the City Code have not been
amended since 2009; and
WHEREAS, laws, standards, and practices have changed in the last decade requiring
further amendments to comply with current legal standards and practices;
NOW, THEREFORE, BE IT ORDAINED BY THE 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 2, Article XI, Division 17 of the City Code is amended in the following
particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 17. COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID BOARD)
Sec. 2-1250. - Establishment and purpose.
The "Coconut Grove Business Improvement District Board" of the city ("BID board") is re-
established to stabilize and improve retail and other business in the areas described in sections
35-221 and 54-341 of the Code of the City of Miami, as amended (tip"Code"), and the
assessed area known as the BID more particularly described in Resolution #08 0455 No. 18-
0294 adopted on jury 24,200Q July 12, 2018, and later confirmed in Resolution 9Q- 7 6
No.19-0024 adopted on Febr, aFy-122009 January 10, 2019, through promotion, management,
marketing, and other similar services, including but not limited to, coordination, funding,
implementation and maintenance of infrastructure improvements, and other projects. These
areas shall collectively be described herein as the "area."
Sec. 2-1251. - Composition; appointment and terms of office of members; filling of vacancies.
(a) The BID board shall have 49 nine 9 voting members and r^r VE)t.Rg members as Fnay be
ReGessaFy ftem tome-te time at the di6Cret;E)R of ;;e diStTGt 2 ,serappointed as
follows:
(1) The commissioner for district 2 shall be a voting member and hall ,"nein+ tWe Gth f
VGti Rg members' who shall not require confirmation.
(2) The chief executive officer of the Miami Parking Authority, or his/her designee, shall
be a voting member who shall not require confirmation.
' Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted
and unchanaed material.
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(3) Tw-G gag_Ll Lvoting members shall be nominated by the owners of the property
located at CocoWalk, 3015 Grand AvenueSuite119, Coconut Grove, FL 33133 a
GeseWalk and submitted to the district 2 commissioner for appointment and
confirmation.
(4) Tw-G One Ll voting members shall be nominated by the owners of the property
located at Mayfair GenteF in the Grove, 3390 Mary Street, c, 249, Coconut Grove,
FL 33133 ir teeter and submitted to the district 2 commissioner for
appointment and confirmation.
(5) The remaining 44- five 5 voting members will be seated through the following elective
process enumerated in subsection (!@6). The remaining five (5) voting members shall,
to the extent practical, represent an area hotel, restaurant, office, retail, or property
owner.
hni inrl�rioc of Oho Rin
Oho hni irirl�rioc of Oho Rlfl
(9) Five VGtiRg FneFnbt_QN_ ShR_11 1949 FepFeSeRted by retail and F (With RG
+hen
(�6) The 44 five5 voting members cited in subsections (6
(5) thre (9) above, will in
accordance with the BID board by-laws, be selected for a slate created by the
nominating committee of the board, then confirmed by the board by a fifty-one a4
percent5( 1 %) vote of approval, then elected by more than -&8 fifty percent5( 0%) of
votes cast by the property owners of the BID for approval of the slate. Subsequent to
election, the commissioner of district 2 will confirm the 44- five 5 new voting members.
(487) The commissioner for district 2 sha4 may appoint non-voting members as may be
necessary from time to time, at the discretion of the district 2 commissioner, who shall
not require confirmation.
(448) Nomination of initial members of the re-established BID Board. The district 2
commissioner shall appoint a BID board nominating committee to solicit and screen
applications, interview candidates and submit nominations to the district 2
commissioner for appointment to the initial term of the re-established BID board.
(4729) Initial terms. The initial 49 nine 9 voting members shall serve terms as follows:
Commissioner district 2 ..... 314_�No
Term Limit
GeMMOSs,GeF diStr+Gt 2e+etee 1 ..—MPA Chief Executive Officer or
designee..... 2jeafs No
Term Limit
GeMMOSs,GReF diStr+Gt 2 appeiRtee 2 CocoWalk representative ..... T 3 years
IVIPA Chief exeGHt.ve e€f+Ee�Ma -fair representative ..... -3 2 years
5 �GGG&Valk FepFesent-ative 1 Representative of an area hotel, restaurant,
office, retail property, or property owner(s) 1 years
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6 �C-er.e-WalkFepresentati 2 Representative of an area hotel, restaurant, 4 3ears
office, retail property, or property owner(s) - y -
"fair repTeseRtat+ve1 ..... Representative of an area hotel, restaurant, � 2 years
office, retail property, or property owner(s) -
r repTeseRtat+ve 2 Representative of an area hotel, restaurant,
2- 1 yearn
office, retail property, or property owner(s)
PFE)Perty GWReF 1 Representative of an area hotel, restaurant, office,
4 3 years
retail property, or property owner(s)
4-91 PFeperty ewper 2 3 dears
4 ;;reperty ewper 2 wears
42 1 Property- ewper 4 1 yea
4-3 Hetel represeAtat+ve 1 3 years
nteaTepseptat+v�2 years
n stn Tt FepFeseatat+ve1 ..... �1 dear
stn Tt FepFeseatat+ve 2 �yeafS
4-7 stn Tt repFeseatat+v�3 �yeafS
4-8 Retail-repFeseRtat;�� a deaf
4-9 Retail-repFeseRtat;ve 2 ..... 13 years
(b) After the initial term as identified in Subsection (a)(9) above, -N4members shall serve terms
of three (3) years expiring on August 31 of the third year following their appointment. Members
shall serve a maximum of nine (9) consecutive years, provided that upon the unanimous vote of
the BID board, the city commission may, by unanimous vote, extend the term of a member for
one (1) additional period of three (3) years. Notwithstanding the foregoing, the initial 4-9 nine 9
voting members, or anyone appointed to fill a vacancy of a voting member during the initial
term, shall not have their initial term, as identified in subsection (4G9) above, counted against
the maximum nine (9) consecutive years. Members shall continue to serve until their successors
have been nominated and appointed. Appointments to fill vacancies shall be for the unexpired
term only. This Subsection shall be inapplicable to the members identified in Section 2-
1251(a)(1) and (2).
(c) Quorum shall consist of a majority of the then appointed/elected voting members.
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(d) The chairperson of the BID board shall have the power to appoint the members to the
various committees which the chairperson shall have the power to establish from time to
time.
(e) 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.
Sec. 2-1252. - Qualifications of members.
(a) All members of the BID board shall:
(1) Reside;
(2) Work;
(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 city.
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 thirty 301 years. All members of the BID board shall
be individuals of outstanding reputation for integrity, responsibility and business ability and
acumen. No officer or employee of the city, other than the district 2 commissioner, shall be a
member of the BID board.
(b) Before assuming the duties of the office, each member shall take and subscribe to the
oath of office required of officials of the city.
Sec. 2-1253. - Meetings; parliamentary authority, rules and regulations; compensation of
members.
The parliamentary authority of the BID board shall be Robert's Rules of Order (current
edition) unless the BID board adopts its own order of business and rules of procedure governing
its meetings, and actions, not inconsistent with the provisions set forth herein, which rules of
procedure shall be filed with the city clerk. 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 rules of the BID board. All meetings of the BID board shall be open to the public.
Each member of the BID board shall serve without remuneration.
Sec. 2-1254. - 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 fifty-one 51- percent5( 1 %) vote of the board, may remove a board member:
(1) For cause as defined in F.S. ch. 112;
(2) If the member ceases to meet the qualification criteria set forth in section 2-1252 or
any additional qualifications set forth in the current BID board by-laws; or
(3) As otherwise provided by law.
For purposes of this section, being absent from three consecutive regular BID board
meetings or committee meetings or from four (4) regular BID board meetings or committee
meetings during a calendar year shall constitute good cause for removal.
Sec. 2-1255. - Powers and duties.
(a) The BID board shall have the power to:
City of Miami File ID: 5650 (Revision:) Printed On: 5/9/2019
(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, which shall be paid from funds available to the
BID board.
(2) Prepare an annual budget to be presented to the city commission for approval.
(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 or the department of off-street parking, 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) Determine the appropriate expenditures from the Coconut Grove business district
improvement trust fund as defined in section 35-221 of the City Code.
(8) Review special event applications in the Coconut Grove special events district and
approve or reject such applications as set forth in section 54-341 of the City Code.
(9) Solicit and accept grants in cooperation with the city office of grants administration.
The BID board 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.
(10) Exercise all powers incidental to the effective and expedient exercise of the
foregoing powers to the extent not in conflict or inconsistent herewith.
(b) The city manager retains sole authority to execute contracts and agreements subject to
the limitations of chapter 18, article III, of the City Code. However, the city manager may
delegate to the executive director the authority to execute contracts consistent with the
provisions of chapter 18, article III, of the City Code, subject to BID board approval.
Sec. 2-1256. - 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. He/she shall
be the chief executive officer of the BID board and shall not, while serving as executive
director, actively engage in any other business or profession. 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 board in the manner authorized in this article. He/she shall attend all meetings of the
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BID board and shall render to the BID board and the city manager a monthly report
covering the activities and financial condition of the BID board. In the temporary absence or
disability of the executive director, the BID board may designate a qualified person to
perform the duties of the office as acting executive director. The executive director shall
furnish the BID board with such information or reports governing the operation of the BID
board as the board may from time to time require. of its inner tion the interim evegi,tiVe
906-024wrrApril nn April as the into rim evegi iti�re d_ ir(`
egtnr of the ngnni ,t GFE) re
n2z7, 2006.,
�O/�
re r'gteber'z�the _R.1Unward-is huiItakta;I-aTi-act0GG1A rAtaGessaPy env-apPG0Rt a
permanent over 1,ti„o r•liregtnr to he apprnVed by the Gity gnmmissinn. At the time of the re-
establishment of the BID, the Executive Director of the BID shall continue to be the
individual the City Commission approved in Resolution No. 18-0323 with the salary and
benefits currently provided. The executive director shall have no civil service rights or
privileges.
(b) Staff. Subject to the policy directives of the BID board and budget limitations, the
executive director may engage such staff members as are necessary for the efficient
operation of the BID board. Staff members shall have no civil service rights or privileges.
Sec. 2-1257. - Annual budget; source of funds.
(a)
manager, a RIQ heard- hi 1dget fpr adGptinn and ratifigatinn her the gity gnmmiss inn
,
With fiSGal year 2009
gith
thtQ RID
, ,
hoard shall si ihmit to the gity manager, a BID hoard- budget reg6iest pertaining to
0
FeSPGRG -a
coni crit y0 i itilities aged maintenange to he approved her the nit y gnmmissinn The City
Commission approved the Fiscal Year 2018-2019 BID budget in Resolution No. R-18-0392
adopted on September 13, 2018. Commencing Fiscal Year 2019-2020, consistent with the
City's budget process, the BID Board shall submit to the City Manager a BID budget
request 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) No expenditure shall be made in any given year without approval by the city commission
of the BID board budget for that year and all expenditure 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. The city commission may review and deny any item contained in
the plan within thirty J301 days from the date of its submission by the BID board.
(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 of the City Code.
(e) The operations of the BID board shall be principally financed from the following sources
and such other sources as may be approved by the city commission:
(1) Contributions, gifts, and/or donations to the BID board for the performance of its
functions.
City of Miami File ID: 5650 (Revision:) Printed On: 5/9/2019
(2) Proceeds of a special assessment as authorized by Resolution Q8 -04551\1o. 18-0294,
adopted duly 24, 2009 July 12, 2018, and later confirmed in Resolution 909-0876
No.19-0024, adopted on rebr ��22009 January 10, 2019.
(3) Parking waiver fees as authorized by section 35-224 of the City Code.
(4) Parking surcharge fees as authorized by section 35-342 of the City Code.
(5) Sidewalk cafe fees as authorized by section 54-223 of the City Code.
(6) Event supplemental fees as authorized by section 54-343 of the City Code.
(7) Banner fees as authorized by section 54-344 of the City Code.
(8) Grant proceeds.
Sec. 2-1258. - Annual report and audit.
(a) 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.
(b) Additionally, the city shall have the right to audit any books, accounts, expenditures,
receivables, and contracts of the BID board at any time.
Sec. 2-1259. - Notices and filing of records.
The provisions set forth in section 2-888 of the City Code shall apply to the BID board.
Sec. 2-1260. - Participation in BID programs.
Notwithstanding anything to the contrary, the members of the BID board and any of its
committees shall have the right to participate in programs intended to comply with the
requirements, purposes and reasons for the special assessment, including but not limited to
cooperative advertising opportunities in the same way as may be available to their commercial
peers in the Coconut Grove business community.
Sec. 2-1261. - Inapplicability of sunset provision
The BID board shall not be subject to the provisions of section 2-892 of the City Code.
Sec. 2-1262. - Transfer of assets.
Any and all personalty under the control of the Coconut Grove business improvement
committee, shall transfer upon the creation of the BID board, to the BID board.
Sec. 2-1263. - 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.
*„
Section 3. The BID Board, the Executive Director of the BID, and other necessary
officials, after consultation with the City Attorney, are authorized and directed to undertake any
and all necessary actions and procedures to implement and take such actions as contemplated
by this Ordinance.
2 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provision.
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Section 4. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately upon adoption and
signature of the Mayor.3
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 3/19/2019
3 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.
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