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File ID: #5549
Ordinance
Sponsored by: Keon Hardemon, Commissioner
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.
City of Miami File ID: 5549 (Revision: 8) Printed On: 5/9/2019
File Number: 5549
City of Miami
Legislation
Ordinance
Enactment Number: 13835
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.
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.
Section 2. Chapter 2 of the City Code is further amended in the following particulars:'
"CHAPTER 2
' 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
unchanaed material.
City of Miami File ID: 5549 (Revision: 8) Printed On: 5/9/2019
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 GeVeR nine 9 g members, seven (7) of which are voting
members, two (2) of which are non-voting. The seven (7) A44 ygttg BID board members
must be commercial property owners in the district. Beyond the first year, all terms will
be for two JLyears. 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. T#e-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.
(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.
*If
City of Miami File ID: 5549 (Revision: 8) Printed On: 5/9/2019
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:
1
Barnaby L. Min, Deputy City Attorney 31512019 ria ndez, Cify Attor iey 4/1/2019
1
ria ndez, ity ttor ey 4/1512019
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 File ID: 5549 (Revision: B) Printed On: 5/9/2019