ORDINANCE CREATING THE DDA

8/11/2019 ORDINANCE CREATING THE DDA

1/13

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


2/13

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


3/13

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


4/13

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


5/13

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


6/13

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


7/13

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


8/13

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


9/13

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


10/13

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


11/13

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


12/13

of

4t

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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

VICE4lAY

e

ty

t

t

Disefal

traeand

correc

copy

of V

fore

ordinnnee was posted at the Scut

cf

C

ourt

Ecase

nt

the

pa

fr ard

bicetcsby

attachlL

cop

tc i

prorle therefor

y

Lund

a rd

th e

ccda

seal

of

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of


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

Documents

ORDINANCE CREATING THE DDA