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HomeMy WebLinkAboutO-13835City of Miami Legislation t! fldl 11 Ii.RR .I _w try Ordinance: 13835 File Number: 5549 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/25/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21/SECTION 2-1317 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMM ISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD/COMPOSITION OF BOARD; TERMS, FILLING OF VACANCIES," BY INCREASING THE NUMBER OF MEMBERS OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") BOARD OF DIRECTORS FROM SEVEN (7) TO NINE (9) MEMBERS, WITH TWO (2) OF THE NINE (9) MEMBERS BEING NON-VOTING AND EITHER ESTABLISHED RETAIL, CULTURAL ARTS, OFFICE, OR RESTAURANT BUSINESS OWNERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, in 2013, the City of Miami ("City") held a special election which resulted in the creation of the Wynwood Business Improvement District ("BID"); and WHEREAS, pursuant to Ordinance No. 13404 adopted September 12, 2013, as subsequently amended, the City Commission created a Board of Directors ("BID Board") to manage the BID in stabilizing and improving retail and other businesses in the BID through promotion, management, marketing, and other similar services, including but not limited to, coordination and funding, implementation, and maintenance of infrastructure improvements and other projects; and WHEREAS, it is in the best interest of the City and its residents that Section 2-1317 of the Code of the City of Miami, Florida, as amended ("City Code"), be further amended to increase the BID Board from seven (7) to nine (9) members; and WHEREAS, seven (7) members shall remain voting BID Board members and the two (2) additional members shall be non-voting BID Board members; and WHEREAS, the two (2) additional members shall also be either established retail, cultural arts, office, or restaurant business owners in the district; 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. City of Miami Page 1 of 3 File ID: 5549 (Revision: 8) Printed On: 5/9/2019 File ID: 5549 Enactment Number: 13835 Section 2. Chapter 2 of the City Code is further amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 21. WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD Sec. 2-1317. Composition of board; terms, filling of vacancies. (a) The BID board shall have sever nine 9 ve# Pg members, seven (7) of which are voting members, two (2) of which are non-voting. The seven (7) A4 ygttg BID board members must be commercial property owners in the district. Beyond the first year, all terms will be for two 2Lyears. To ensure a voice for North Miami Avenue, at least one hof the sever nine 9 board seats shall be dedicated to a property owner from North Miami Avenue. The -The two (2) non-voting members shall be either retail, cultural arts, office, or restaurant established business owners in the district. (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. ' 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. City of Miami Page 2 of 3 File ID: 5549 (Revision: 8) Printed on: 5/9/2019 File ID: 5549 Enactment Number: 13835 (d) Quorum shall consist of a majority four (4) of voting members. (e) The BID board shall have the power to establish committees and appoint the members to the various committees, consistent with any standards for standing committees provided for explicitly in sections herein. (f) 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. *11 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 thirty (30) days after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby L. Min, Deputy City Attorney 3/5/2019 1 i t6ria i ' ndez, City Attor ey 4/1512019 1 i ria i . ndez, City ttor ey 4/1/2019 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 5549 (Revision: B) Printed on: 5/9/2019