TITLE
ORDINANCE APPOINTING BOARD OF COMMISSIONERS OF THE NW 79TH STREET CORRIDOR COMMUNITY REDEVELOPMENT 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 May 5, 2009, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") adopted Resolution No. R-566-09 which resolution declared a certain geographic area of unincorporated Miami-Dade County known as NW 79 Street Corridor that is generally bounded on the North by NW 87th Street, on the East by NW 7th Avenue, on the west by NW 37th Avenue and on the South by NW 62nd Street (the "NW 79th Street 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 health, 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 NW 79th Street Corridor Community Redevelopment Agency and 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 created a public body corporate and politic to be known as the NW 79th Street 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 not fewer than five or more than nine commissioners. 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 un-expired 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 NW 79th Street 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. Appointments.
[[Appointments of the initial and all subsequent chairs, vice-chairs and members of the Agency shall be made by resolution of the Board.]] 1
>> (a) The Board hereby appoints the following persons, whose resumes are attached hereto and incorporated by reference as Exhibit A, to the position of commissioners of the Agency and designates their initial terms to be as follows:
(i) Amy Lee - one (1) year
(ii) Oliver Gross - two (2) years
(iii) Ron Butler - three (3) years
(iv) Yolly Roberson (4) years
(v) Dorothea Nichson - four (4) years
(b) The Board hereby designates Dorothea Nichson as Chair and Yolly Roberson as Vice Chair of the Agency.
(c) All future appointments of chairs, vice-chairs and members of the Agency shall be made by resolution of the Board.<<

Section 9. 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 and outlining its contemplated activities for the ensuing 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 10. 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 11. 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 12. 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.

1 The differences between the substitute and the original item are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.