ORDINANCE CREATING THE DDA
Transcript of ORDINANCE CREATING THE DDA
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ORDINANCE
NO
737
AN ORDINANCE CREATING
THE
DOWNTOWN
DEVELOPMENT
AUTHORITY
OF
THE CITY OP
MIAMI
PURSUANT To
CHAPTER
65
9
ACTS
OF
THE
LEGISLATURE
OF
THE
STATE OF FLORIDA
965
DEFINING THE TERN S CONTAINED
THEREIN
DESCRIBING
THE
BOUNDARIES
THEREOF
PROVID
ING
FOR THE APPOINTMENT
OP
THE
MEMBERS
THERETO AND
THEIR TERM OF OFFICE DUTIES AND
POWERS
METHOD OF
REM O VAL AN D FILLING
OF
VACANCIES PROVIDING FOR
THE
APPOINTMENT
OF
A
GENERAL
COUNSEL
PROVIDING
FOR THE
APPO INTMENT OF A DIRECTOR
AN D HIS STAFF
DESCRIBING
THE
DUTIES
OF
THE
DIRECTOR PROVIDING
FOR THE
LEVY
ING BY THE COMMISSION OF THE
CITY
OF MIAMI OF AN
ADDITIONAL AD VALOREM TAX
ON ALL
REAL AND
PERSONAL
PROPERTY IN
THE
DOWNTOWN DISTRICT
NOT EXCEEDING
ILL
ON THE
DOLLAR
VALUATION OF
SUCH
PROPERTY
FOR THE
PURPOSE OF
FINANCING THE
SAID
AUTHORITY
PROVIDING FOR THE
ASSESSING
OF CHARGES FOR THE USE OF
THE GENERAL FUND PROHIBITING CONFLICTS OF
INTEREST
PROVIDING ALL
REAL PROPERTY
WITHIN CENTRAL BUSINESS
DISTRICT SUBJECT TO AD VALOREM TAXES TO
PAY PRINCIPAL
AND INTEREST
ON ALL EXISTING
GENERAL
OBLIGATION
DEBTS
OF
THE
CITY
AND ANY
FUTURE DEBTS
WHICH
MAY BE AUTHORIZED
BY LAW PROVIDING A SAVINGS CLAUSE
WHEREAS
Chapter
65 9 adopted by the
Legislature
of
the
State
of Florida in its 965
legislative
session authorized
municipalities
having a population in excess of two
hundred fifty
thousand
5
ccording to the most recent
census
of
popula
tion
the
power
to create
and establish a Downtown
Development
Authorityand
WHEREAS by Resolution No 36948 the
Commission of
the
City of
Miami found that itwas
necessary in the interest
of public
heath
safey
morals and welfare
to remedy
existing
conditions
amounting
to blighted business areas
and
revitalize
the
central
business dstric and
WHEREAS
by
Resolution
No
36946 the
Commission
of
the
City
of
Miami
did
provide for a public hearing on the adoption
of
an
ordinance creating
the
Downtown Development Authority a nd
establishing boundaries thereo and
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ORDINANCE NO
737
AN ORDINANCE
CREATING THE
DOWNTOWN
DEVELOPMENT
AUTHORITY
OF THE
CITY Off Mthi4I PURSUANT TO
CHAPTER655 CTS OF THE
LEGIsL
TURF OF THE
STATE
OP FLORIDA
96S WINING THE TERtsONTAINED
THEREIN DESCRIBING
THE
BOUNDARIES
THEREOF PROVID
ING FOR THE APPOINTMENT
OF
THE MEMBERS THERETO AND
THEIR TERM OF OFFICE
DUTIES AND
POWERS METHOD OF
REMOVAL AN D FILLING
OF
VACANCIES
PROVIDING FOR
THE
APPO INTMENT OF A
GENERAL
COUNSEL PROVIDING OR
TH E
APPOINTMENT OF
A DIRECTOR AN D
HIS STAFF
DESCRIBING
THE
DUTIES OF
THE
DIRECTOR PROVIDING
FOR THE
LEVY
ING
BY
THE COMMMISSION OF THE CITY OF
MIAMI
OF
AN
ADDITIONAL AD VALOREM
TAX
ON ALL
REAL
AND PERSONAL
PROPERTY IN THE DOWNTOWN DISTRICT NOT EXCEEDING
ILL
ON
THE
DOLLAR
VALUATION
OF
SUCH
PROPERTY
FOR THE PURPOSE OF FINANCING THE SAID AUTHORITY
PROVIDING
FOR THE ASSESSING OF
CHARGES
FOR THE USE OF
THE GENERAL FUND PROHIBITIVG
CONFLICTS
OF
INTEREST
PROVIDING ALL REAL PROPERTY WITHIN CENTRAL BUSINESS
DISTRICT
SUBJECT
TO AD VALOREM
TAXES
TO PAY
PRINCIPAL
AND
INTEREST ON ALL
EXISTING GENERAL OBLIGATION
DEBTS
OF THE CITY AND ANY
FUTURE DEBTS
WHICH MAY BE AUTHORIZED
BY
LAW
PROVIDING
A SAVINGS
CLAUSE
WHEREAS Chapter
65
9
adopted
by the
Legislature of
the
State of Florida
inits
965 legslaive
session
authorized
municipalities
having
a
population
in
excess of
two hundred fifty
thousand5
ccording
to the
most
recent
census
of popula
tion
the
power
to create and establish
a
Downtown Development
Authority
and
WHEREAS by Resolution No
369
48 the Commission of the
City of Miami
found
that itwas
necessary
in the interest of public
heath
safety morals
and
welfare
to
remedy existing
conditions
amounting to blighted business
areas
and revtaizethe central
business dstric
and
WHEREAS by Resolution No 36946 the Commission of
the
City of Miami did provide for a
public
hearing on
the
adoption of
an ordinance creating the Downtown
Development
Auhoritya nd
establishing
boundaries thereto
and
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4
WHEREAS
by Reaolttior No J646 the COMMiaiof the
City
of Miami
did
provide for a
publie
hearing
oh
the
a
doption of
an
ordinance
creating the
Dawhtowh
Development Authority a nd esi
tablishi gtoundaries
thereto and
the notice of
suoh
hearing was
published by
the
City Clerks as authorized by law
and
WHEREAS
it is
the
intent of
the
ComM
oh
f
the
City
of Miami Florida to Create a bowh toWn DeVeiopttent Authority for
the
City of Miami
NOW
THE
O
EE IT ORDAINED BY
THE
COMMISS ION O p
THE
CITY
OM 2J4 PLORIDA
Section
That
pursuant to Chapter
9
of the
General
Laws
of the State of
lorida
there
is hereby
created
the
Down t own Development
Authority
of
the
City
of
Miami
which
authority shall
be
a
body
corporate
wth
the
power to
sue and
be sued inal the
courts of
the State and shall have
its own
corporate sea
Secion2
As used
herein the
followng terms
shall have
the meaning herein ascribed to them
Authority The Downtown Development
Authority of
the
cty
of Mam
Board
The governing body of
the
Authority
selected
as
herein
provided
Drecor The chief
executive officer
of the Authority
selected by the board as herein
provided
Downtown
h specifically defined
area
or zone of the
cty
in the
central business dstric
Planning Board Planning
and
Zoning Board of the City
Central
Business Dstric The area zoned and used
principally
for busineS
b
Any street
park parking lotsplay
groundrgh
oay
tructure
waterway
bridge
lake pond
canal utility
lines
or pipes
building including
access
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routes to any of the foregoing deaigned
and dedieated
to use
by the public
generally whether or not
the
same
ia
revenue
producing
Seeibh
hat
the boWhtelWn
Dstric
shall
be
under the
jurisdiction a n d control of
the DOW
oWhbeVeit5pMeht Authority a nd
described
as
folows
member
At the
point of beginning at
the
centerline of
the
inersecionofN
th
Street andNrd Avenue
corner of the dstric
thence running southerly to
the
centerline of West Flagler Street
at
the
inter
eection ofNrd Avenue and West Hagler Street
thence
westerly along
the centerline of West
Plagler
Street to the centerline of
the Miami
Rver thence
southeasterly
followng
the
centerline of
the Miami
River meandering
line
such line remaining parallel
to the southerly boundary of the DuPont
Plaza
Center
and the
S
Joe
Paper
Company property
to a point
southerly of the eastern bulkhead line
of
the
S
The
Paper
Company thence northerly along the
bulkhead
line of Bayfront Park and the Bayfront
Park Yacht
Docks
continuing
northerly along the bulkhead line
to
a point on the
centerline of
N
E
7th Sree
extended thence
westerly along the
centerline of
N
E
7th Street to the easternrghoayine of
the
FEC Railroad thence southerly
along the
eastern
side
of the FEC Railroad
rgh
oayo the
center
line
of
Nth Sree
thence westerly
along the
centerline of
Nth Sree
to the
point
of
begnnng
Secion
he
affars
of the Authorityshal
be
under
the
drec
supervision and
control
of
a
board
of
five
members
four of whom shal
be
appointed by the City
Commission to
serve
for staggered terms
Appointment of the orignamembers
to
the
board
shall
be recommended by
the
mayor
and
subject to approval
by the
City Commission
The
mayor shall be chairman of the board
and
the fifth
Cale member
shal
be appointed
for
a term expiring June
3 of the year followng the creation of this
Authority
One member shall be appointed
for
a
term
expiring
Juno 3 of the second year
followng
the creation of this
Authority
3
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One member shah
be
appointed
for a term expiring
June
6 of
the third year following the
oreation of this
tithority
and
one metlber shah be appointe
for a
term
expiring
June
O
O f
the
fourth
year
following
the
oixeat ion of this Authority
Thereafter members
shall be
appointed for terms of
four years from the expiration date of the erns of their
predecessor
member
shall
hold
office unil ht successor
has
been appointed and
uaificd
Appointments
to
fill
vacaneies
shall be for the unexpired term
only
Section 5
Each appointed member of the Board
shall
reside
iti or have
his principal
place of
business
in the
cty
He
shall be an individual of outstanding reputation for integrity
responsibility
and business
ablityand acumen No
officer or
employee of the city
other
than the mayor
shall
be eligible to
serve
as a
member of the Board while holding other offices in the
city
or while employed by the cty
Not less than
thrty
3
days prior
to the
expiration
of
a
term or wthin thirty 3
days of the
existence
of a vacancy the
remaining
members of
the
Board shal nominate a successor
and
submit
the
name to
the
governing
body for
its
confirmation of
appointment
In
the
event a n
appointment is
not confirmed by
the
City
Commiss ion by the final
adjournment
of the first regular
meeting thereof occurring more than ten
days
ater
the
submission of the nomination toithe Board shall make a
new
nomination and submit same
to the
City Commiss ion for
confirm
e ion
by
it
wthin
the
time limt set
forth
above
The making
of nomin
ations as
herein
provided
shall be
a continuing obligation of
thy
aoard until membership on the board is completed
by
confirmation
by the City
Commission
Before assuming he duties
of
the
office
each appointed M e m b e r shall sualify by
ta ls ing
and subscribing
to
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the
oath
Of
offioe required
Of officials Of the
cty
and
by
potting
a bond
ih
the penal S U M e
ten
th6Uttna
Aan
payable tet the eity
for
ute and
benefit
6 the AUthority
to be
approved by the City
COMMitti6h
and filed with the City elethi
The
premiUM 6n suc h bo nd
than
be deemed ah taLing expense of
eh e
tAlth6rity payable from funds available to
it for
expenses of
operation
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 one
each month
Special meetings may be
held when called in
the mangler
provided
in the
rues
of the Board All meetings of the
Board
shall be
open to the
pubic
Each member of
the Board shall
serve wthout
compensation
Pursuant to notice and
an
opportunity to be
heard an
appointed member of the Board may be removed for cause
by
the
City
Commission
Any such
removal shall
be subject to review
by
The
Circuit
Court of the
Circuit
having
jurisdiction
SecionG
The
board subject to
the
provisions
hereof
Pid
subject to other
applicable provisions
of law shall have all
powers
customarily
vested
in
the board
of
directors
of
a
corpora
tion for profit
It
shall
exercise supervisory control over the
activities of
the
director and
the
staff of
the
authority
in
carrying out the functions
authorized
hereby
Secon7
It
shall
be the
duty
of the
Board
and
it
shall
have the power
to
ppoint a Director and
other
staff
members
who
sall
be emplo yed u po n
recommendation
of
the
Director prescribe
their duties
and
fixtheir compensation which
shall
be paid from
funds available to the
Authority
These
staffmembers shal have
no cvl service rights or
privileges
5
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Prepare
an
anaiyais
of eeonomie
ehanges teking
piaee
in the
eertrai
buainosa district of
the
ety
eStudy
and ahaiy2e
the impaet of metropolitan
growth
upon the
central
business dstric
dPlan a n d propose wthin the downtown
area
pUblid
improVetttents of
al
kinds
including
renovation repair
remodeling
reconstruction or
other
changes
in
existingbuildings which may
be necessary or appropriate
to
the
execution of
a ny
such
plan which
in
the
opinion of
the
Board wll aid it
the
economic growth of
the downtown
area
eo implement
as
herein
provided
any plan
of develop
ment in the downtown area as shall be necessary to carry out its
functions
except that
when funds are
required
other than those
provided under Section
of this
act
the approval of the
City
Commission is
requred
f
n
cooperation
wth the planning
board
of
the
cty
and the planning department of the ctydevelop long
range
plans
designed to
halt
the
deterioration
of
property
values
in
the
central business dstric and take such steps as
may
be necessary
to
persuade
property
owners
to
implement
such
plans
to
the
fullest
extent
possible
g
etain and
fix
the
compensation
of
legal
counsel
to advise the
Board
in the proper performance of
its duties
The general counsel
of
the
Authority
appointed a s
authorized
herein
shall
be
a practicing
attorney wth not
less
than
ten
years
experience
in
the
practice
of
law
in
Florida
He
shal
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 ctyunder
the terms of thsac
fir 6
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h
To Make a e teter iht3 an tOhtthett necessary
or
i
eidental to the
ekerei
eof its pouters the the
performance
of
its
duties
i
orrow honey
oh a
thor
tezm
basis to
pa
Ic
ehse
cif operation
pending
the assessbent
levy a n d collection of the
cak
herein
authori
ednd to
ittue
evidences of
indebtedness
t
r
uch loans to be
sidled
by the
chairman
a nd the
secretary
cL
the
Authority
The
rae
of
interest
be
paid
by the
Authority
on any
s
ebt
shall
be the lowest rate
of
interest available
not to exceed6
er
annum
The
Authority
ority
shall held
the City
harmless
with
respect to
any
debt created hereunder
Section S The
hoard shall
employ and
file the
cornpcn
s
ubject to
the
approval of
the City Commission
of the
following
who
shall
serve
at
the
pleasure
of
the
board
a
director
who shall be
t person of gooc
moral
chactera n d possessee of a
reputation
for
integrity
responsi
blity
and
business ablity
No
member c
the board shal be
igiblc to
hold thepitionof director
Before
entering upon
a le duties of his
office
the director shall
take
and
subscribe
to
the
oath
and furnish
bond
as recuired
of
members
of
the
board
He shall be
the
chief
executive
officer of
the
authority
ane
shall devote his
entire time and
attention
to the duties
of his
office He shall not while serving
as
director
engage
in any
other
business
or
profession
Subject
to
the
approval of
the
board and
direction
by it
when necessary he shall
have general
supervision over and be
responsible
for the preparation of
plans
ad the
performance
the
functions of
the
Authority
in the
manner
authori4ed herein
He
shall
attend al
meetings
of the
8oar6
and shall render to the Hoard and to the City
Commission
a monthly
report
covering the activities
a n d
financial
condition
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of the Authority
In
the
absenee of t itabiiity
Of the direetor
the
bard
Ma y designate a qualified person to perform
the
duties
of
the office
as
acting
director
The drecor
shah
furnsh the
board With such ihformatioh or
feparts
governing the
operation
of the Authority as the Board may
from
timetiMe require
b
treasurer who
shall
keep the
trnanciai
records
of the
Authority
and
who together
wth the director
shall
approve
all vouchers
for the expenditure of funds of the
Authority
c
shall
perform
such other duties as
may
bc
delegated
to
him
by
thc
yard
c
i
secretary who shall maintain custody of thc
offica
seal
and
of al records hocks documents or
other
papers
not required to be
maintained by the
treasurer
The
secretary shall
attend
al 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
d
pon
recommendation
of the drecor
such cerica
technca
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 fr
the
efficent
performance of the
functions of
the board
Secon
9
No laer than thrty
3
days prior
to
the
date
the Commission establishes the millagc
rate
for the City
of
Miami
the director
shall prepare
for
the approval of the Board
a
budget
for
the
operation
of the
Authority
for the ensuing
fiscal
year
The budget
shall
be
prepared
in the
same manner as
required of
al
departments
of
the Cty
However
when
approved
by
the Board it
shall not
require
approval of a ny officer
or body
of
the city other
than the City Commission
No funds
of the City
may
he
included in
the budget of the
Authority
except those funds
herein
authorize
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The
6peratib is
6f theAthrity
ha
be
pri
ieipeliy fi ianded
f rOrn the
fallowing
sources and aueh ether Sources as
nay be
approved by the CityeoM
on
booions
the
Mthority
for the
performance
its functions
b
proceeds of
an ad
valorem tax
rot exceeding one
half
mill
per dollar
valuation
of property in the
down town
area
designated
by the
itv
Commission
e
Monies
borrowed
andt
e
repaid
from
other funds
received under the authority of this
act
which
shall include
federal
funds
contributions
and funds
derived
from the
millegc authorized
te levied under
this
ac
Section
Th e
City Commiss ion is authorized to
levy
an
additional
ad
valorem
tax on all
real
and
personal
property
in
the
downtown dstric as
described in Section
3
herein not
exceeding onehalfmill
on
the dollar valuation
of
such property
for the purpose
of
financing the operation
of
the Authority
Ths
levy
of one haf
mll per
dollar ad valorem tax
shall
be
in
add
tion to
the
regular ad
valorem
taxes a nd special
assessments
for
improvements
imposed
by
the
City
Commission
The tax
colecor
shall
transmit
funds
so collected to the
appropriate
officer of
the city
responsible
for the
handling
of the
public money
who
shall deposit same in
the city
treasury
to the credit of
the
Authority
Such money
shall
be usedfro purpose other than
those purposes authorized herein
a n d upon approval of the
Board
pursuant to
vouchers
signed by the director and the treasurer
OZ the Authority
The
funds
of
the
Authority
shall
be secured
other
public
funds are
secured
Qther monies received by the
ruthority
shall
forthwith be deposited in the city treasury to
the credit
of
the
Authority subject to
disbursement
as herein
ahorized
The cty
shad
not obligate
itsef
nor shall
ji
ever
be
obligated
to pay any
P U M P
from general public
unds
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or from any public f unds other t h an Monies received pursuant to
Section
hereof
for or O n Wount
of
any
of
the activities
of
the
authority
5e
O
he
City
Commission shall have
the
p
titer
tssess against
the
funds of
the
Authority for
the
use and
benefit
E
the
general
fund
of
the
City
a
reasonable pro rata sharefic h
funds for the
cost
of
handling
and auditing which assessment when
made
shall
be
paid annually by
the Board pursuant
to a n appropriate
item in itsbudget
Section
2
N o Board member nor any employee of the
Board
shall vote or otherwse partioipato in
any
hatter in which
ho
has a financial interest either direct
or
indrec
When such
inerest
shall appear
itshall be the duty of the
Board member
rmployee to make
such interest
known
and he
shall thenceforth
refrain
from
voting
o n or otherwise
participating
in
the particular
transaction
involving
such
interest
Wllful voaion
of
the
pro
visions hereof shall constitute malfeasance on the
part of
a member
of the
Board
and shall
be grounds for instant dismissal of
any
employee
Any
transactioninv
vngconflict of interest
wherein
a voaion
of thssection
is involved may
be
rendered
void
at the
option
of
the
Board
Secon
3
All real property located wthin the
central
business
dstric
shall
be
subject
to ad valorem
taxes
to
pay the
principal a n d interest on
all
existing general obligation debts
of
the ctyand
any
future
debts
which may
be authorized by law
Secon4
All
powers
conferred upon the City of
Miami
by
this
ordinance are
and
shall
be
supplemental
and
in
addition
to
those conferred
by any other
general or special law and shall be
liberalyconstrued to
effectuate
the
purposes
hereof
secion5
That if
any section paragraph sentence
clause
Phase or word
shall
be held to
be
void or
unconstitu
tiona such
holding shall
not affect the remainder of this
Qe
-
8/11/2019 ORDINANCE CREATING THE DDA
12/13
of
4t
ZL
COLLL
CriN
CLz
ij
ordinance or
the
application
it being the intent
of
the COM
tiSedf
the
City of Miami to have
enacted
this ordinance
without
such
void section paragraph
tehtehet
clause
phrase
or word
PASSED AT PIRST READING BY TITLE ONLY this
8th
day
PASSED
AND ADOPTED O N SECOND AND FINAL MAIDNOY TITLE
O N L Y this4
lay
of
NoVerriber
65
ALICE C
WANW
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ty
t
t
Disefal
traeand
correc
copy
of V
fore
ordinnnee was posted at the Scut
cf
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ourt
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nt
the
pa
fr ard
bicetcsby
attachlL
cop
tc i
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y
Lund
a rd
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ccda
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of
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3Ur fa l A
945t
of
-
8/11/2019 ORDINANCE CREATING THE DDA
13/13
NOTEt
TH E ORIGINAL
COPY
OF
THIS
ORDINANCE
No
737
W S
MISSING
IN THE
ORIGINAL
PILE
ON
29
COPY
WAS
BROUGHT TO THE CITY
CLERK
OFFICE FROM
THE
OFFICE
OF THE
O W N T O W N
DEVELOPMENT AUTHORITY
ILA
TEEMS
OCTOBER
979