Miami-Dade Legislative Item
File Number: 053540
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File Number: 053540 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Community Empowerment & Econ. Revitalization Cmte.
File Name: CREATE BISCAYNE CORRIDOR COMMUNITY REDEVELOPMENT AGENCY Introduced: 12/20/2005
Requester: NONE Cost: Final Action:
Agenda Date: 1/24/2006 Agenda Item Number: 4A
Notes: Title: ORDINANCE CREATING BISCAYNE CORRIDOR COMMUNITY REDEVELOPMENT AGENCY; APPOINTING BOARD OF COMMISSIONERS OF SUCH AGENCY AND DESIGNATING THEIR RESPECTIVE TERMS OF OFFICE; DELEGATING CERTAIN REDEVELOPMENT POWERS TO SUCH AGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COMMUNITY REDEVELOPMENT AGENCY
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/24/2006 Scheduled for a public hearing Board of County Commissioners 3/7/2006

Board of County Commissioners 1/24/2006 4A Amended
REPORT: See 4A Amended, Legislative File No. 060212 for the amended version.

County Attorney 12/20/2005 Assigned Community Empowerment & Econ. Revitalization Cmte. 2/14/2006

County Attorney 12/20/2005 Assigned Shannon D. Summerset

Legislative Text


TITLE
ORDINANCE CREATING BISCAYNE CORRIDOR COMMUNITY REDEVELOPMENT AGENCY; APPOINTING BOARD OF COMMISSIONERS OF SUCH AGENCY AND DESIGNATING THEIR RESPECTIVE TERMS OF OFFICE; DELEGATING CERTAIN REDEVELOPMENT POWERS TO SUCH AGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment is presently codified in the Florida Statutes as Part III of Chapter 163, Sections 163.330 through 163.450, as amended from time to time (the "Act"); and
WHEREAS, all powers arising through the Act are conferred by the Act upon counties with Home Rule Charters, which counties in turn are authorized to delegate certain of such powers to a community redevelopment agency created pursuant to the Act; and
WHEREAS, on July 21, 1998 the Board of County Commissioners of Miami-Dade County, Florida (the "Board") adopted Resolution No. R.-609-05 which resolution declared a certain geographic area of the County known as Biscayne Corridor and as bounded on the North by NE 112 Street, and bounded on the East by Biscayne Boulevard, bounded on the South by NE 112 Street, and bounded on the West by NE 14 Avenue, such area being more particularly described in the attached Exhibit "A" and incorporated herein by this reference (the "Biscayne Corridor Community Redevelopment Area"), to be a slum or blighted area, declared the rehabilitation, conservation or redevelopment, or combination thereof, to be necessary in the interest of public heath, safety, morals or welfare of the residents of the County and found the need for the creation of a community redevelopment agency; and
WHEREAS, this Board desires to create a public body corporate and politic to be known as the Biscayne Corridor Community Redevelopment Agency, to appoint the Board of Commissioners of such agency and to delegate certain community redevelopment powers to the agency,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Community Redevelopment Agency created.
Pursuant to the provisions of Section 163.356, Florida Statutes, this Board hereby creates a public body corporate and politic to be known as the Biscayne Corridor Community Redevelopment Agency (the "Agency"). The Agency shall be constituted as a public instrumentality and the exercise by the Agency of the powers conferred by the Act and delegated by the Board shall be deemed and held to be the performance of an essential public function.
Section 2. Purpose.
The purpose of the Agency is to carry out the community redevelopment purposes of the Act.
Section 3. Membership.
(a) The board of commissioners of the Agency shall consist of seven. The terms of office of the commissioners shall be for four (4) years, except that three of the members first appointed shall be designated to serve terms of one (1), two (2) and three (3) years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of four (4) years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. Any person may be appointed as commissioner if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation of the County, and is otherwise eligible for such appointment under the Act. Each commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the Clerk of the Board, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
(b) A commissioner shall receive no compensation for services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of duties. (c) The Board may remove a commissioner for inefficiency, neglect of duty or misconduct in office only after a hearing and only if he or she has been given a copy of the charges at least ten (10) days prior to such hearing and has had an opportunity to be heard in person or by counsel.
Section 4. Procedure.
(a) Chair. The Board shall designate a chair and vice-chair from among the commissioners.
(b) Meetings. The powers of the Agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the Agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number.

Section 5. Public officials, commissioners and employees subject to code of ethics.
(a) The officers, commissioners and employees of the Agency shall be subject to the provisions and requirements of Part III of Chapter 112, Florida Statutes, and Section 2-11.1 of the Code of Miami-Dade County, Florida.
(b) If any official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he or she knows is included or planned to be included in the Biscayne Corridor Community Redevelopment Area, he or she shall immediately disclose this fact in the manner provided in Part III of Chapter 112, Florida Statutes. Any disclosure required to be made by this section shall be made prior to taking any official action.
(c) No commissioner or other officer of the Agency exercising powers pursuant to the Act shall hold any other public office under the County other than his or her commissionership or office with respect to such Agency.
Section 6. Powers.
(a) The Board hereby delegates the following community redevelopment powers to the Agency in accordance with the Act:
(i) Initiate, prepare and adopt a plan of redevelopment and any amendments thereto, which plan and amendments shall be subject to subsequent review and approval by the Board; and
(ii) All powers not specifically delegated to the Agency are reserved exclusively by the Board.
(b) The Agency cannot commit itself or the County to any expenditure of funds without the specific approval of the Board.

Section 7. Staff.
The County Manager and the Office of the County Attorney shall provide to the Agency adequate staff and support services to enable it to carry out its purposes.
Section 8. Annual Report.
No less than once per year, the Agency shall submit a written report to the Board detailing its activities during the past year and outlining its contemplated activities for the ensuing year.
Section 9. Appointments.
Appointments of the initial and all subsequent chairs, vice-chairs and members of the Agency shall be made by resolution of the Board.
Section 10. The Agency shall file with the Board and with the Auditor General, on or before March 31 of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time of filing the report, the Agency shall publish in a newspaper of general circulation in the County a notice to the effect that such report has been filed with the County and that the report is available for inspection during business hours in the office of the Clerk of the Board and in the office of the Agency.
Section 11. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 12. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County. The sections of this ordinance may be renumbered or re-lettered to Accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 13. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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