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NSNID 93-1 Reso " RESOLUTION NO. N.S.N.I.D. 93-1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACTING AS THE BOARD OF DIRECTORS OF THE CITY OF MIAMI BEACH, FLORIDA, NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT (THE DISTRICT) , ADOPTING THE BY-LAWS FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT AND AUTHORIZING THE MAYOR, ACTING AS THE CHAIRPERSON OF THE DISTRICT, AND CITY CLERK, AS SECRETARY TO THE DISTRICT, TO EXECUTE THE BY-LAW DOCUMENTS. WHEREAS, on October 20, 1993, the Mayor and City Commission passed Ordinance No. 93 -2881, authorizing the creation of the Normandy Shores Local Government Neighborhood Improvement District (the 11 District "), a Safe Neighborhood Improvement District in accordance with Section 163.506, Florida Statutes; and, WHEREAS,. the Ordinance designated the Mayor and City Commission as the Board of Directors of the Districtj and, WHEREAS, the Board of Directors believes that the attached By- Laws will provide necessary rules and regulations for the successful, and proper government of the District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACTING AS THE BOARD OF DIRECTORS OF THE CITY OF MIAMI BEACH, FLORIDA, NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT: that the attached By-Laws are hereby adopted as the By-Laws for the District and authorizing the Mayor, acting as the Chairperson of the District, and City Clerk, as secretary to the District, to execute the By-Law documents. PASSED and ADOPTED this 17th day of ATTEST: KM:lcd Attachment .. BY _ LAWS OP THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT OP THE CITY OF MIAMI BEACH ARTICLE I - THE DISTRICT Section 1. Name. The official name of the' District shall be "Normandy Shores Local Government Neighborhood Improvement District." Section 2. Descri'Dtion. The District encompasses approximately 234 acres and is located on the northern portion of the Isle of Normandy in the City of Miami Beach, Florida. The District is comprised of approximately 350 single-family residences situated around the Normandy Shores Golf Course. Section 3. General power.. The District shall be governed by a Board of Directors, which may exercise all powers as provided by F.S. 163.514, as same shall be amended from time to time, and City . of Miami Beach Ordinance No. 93-2881, as same shall be amended from time to time, unless proscribed by statute, ordinan~e or these by- laws. The powers of the District shall be vested in the members of the Board of Directors who reserve unto themselves the right to delegate by resolution such powers as appropriate within a suitable framework. Section 4. Hamner. and Term.. There shall be seven (7) members of the Board of Directors of the District, designated by the governing body of the City of Miami Beach (City Commission) . Election as Commissioner of the City of Miami Beach will automatically designate the incumbent as a member of the Board of Directors of the District. Reference to the members as a whole shall be "Board of Directors"; an individual member shall be referred to as "Commissioner" . 1 " '. c Section 5. Office and Place of Meetina. The main office of the District shall be at Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida or such other place as may be designated by the Board of Directors from time to time. Section 6. ComDensation. The Commissioners shall serve without compensation from the District and shall receive their actual and necessary expenses, including traveling expenses, incurred in the discharge of their duties. Section 7. Seal. The seal of the District shall be the seal of the City of Miami Beach, Florida. ARTICLB II - OFFICBRS Section 21. Reaular Officers. Regular officers of the District shall be a Chairperson, Secretary and Treasurer, as designated by the Board of Directors. Section 22. Additional Officers. The Board of Directors may, by resolution, appoint such additional officers, establishing such terms of office and defining such duties therefor'as the District may determine necessary or desirable. Section 23. General Counsel. The Board of Directors shall engage General Counsel for the District and delegate to such Counsel such authority and responsibilities as the District deems necessary to provide the legal services required by the District. The Board of Directors shall further engage such consultants, experts and specialists as it may require to fully carry out the objectives of the District. Section 24A. Chairoerson. The Chairperson of the District shall be appointed by the Board of Directors. The term of office shall be such period as established by the Board,of Directors not to 2 , , . exceed the period for which the Commissioner has been elected. The Chairperson shall: preside at all meetings of the Board of Directors; submit at each meet ing such information and recommendations to the District as considered proper concerning the business, policies and affairs of the District; serve as Liaison between the Board of Directors and the Advisory Board; request advice on general and/or specific issues from the Advisory Board; except as otherwise authorized or directed by resolution of the Board of Directors, the Chairperson shall sign all contracts, deeds and other instruments executed by the District. In the absence of the Chairperson, the Board of Directors may designate an acting Chairperson. Section 248. SecretarY. The Secretary shall be appointed by, and serve at the pleasure of, the Board of Directors. The Secretary shall perform or be responsible for supervision of performance of the following functions: keeping the records of the District; acting as Secretary of the meetings, recording all votes and keeping a journal of the proceedings of the District; keeping in safe custody the seal of the District and have the power to affix such seal to all contracts and instruments authorized to be executed by the District and to all necessary certifications of records of official proceedings; maintaining a record of all official proceedings of the City of Miami Beach, Dade County, and the State of Florida relevant to the District and to the Safe Neighborhood program; all other duties as the District shall determine and assign. In the absence of the Secretary at a meeting, a Commissioner shall be designated. to act as Secretary. Section 2S. Additional Duties. The officers of the District shall perform such other duties and functions as may from time to time be required by the Board of Directors or the by-laws or rules and regulations which may be adopted for the District. 3 / , , , '. Section 26. Vacancies. Should the office of Chairperson become vacant, the District shall elect an acting successor from among its remaining members of the Board of Directors to serve as such until the governing body has replaced said Commissioner. Should any other office become vacant, the District shall appoint a successor within a reasonable time or by resolution determine that such office shall remain vacant for a definite or indefinite period of time. Section 27. Additional Personnel. The District may from time to time appoint or employ such permanent and temporary agents, officers, counsel and employees as it deems necessary to exercise its powers, duties and functions as prescribed by statute, and determine their qualifications, duties and compensation subject to statutory limitations and the availability of funds. ARTICLB III - MEBTINGS Section 31. Reaular Meetinos. The Board of Directors shall meet at the request of the Chairperson whenever necessary to fulfill its requirements and to adequately accomplish the goals of the Safe Neighborhood Program. These meetings shall be scheduled in conjunction with regularly scheduled meetings of the City of Miami Beach City Commission, but at least once each calendar year. Section 32. Scecial Meetinos. Special meetings of the District may be called for any time and/or place by the Chairperson or by a majority of the Board of Directors, by delivering personally or by mail written notice to each Commissioner of the District, specifying the time and place of the Special meeting and the business to be transacted. No other business shall be considered at such meeting by the District. 4 . , '. Section 33. Emeraencv Meetinas. 2mergency meetings of the District may be called for any time and/or place by the Chairperson or a majority of the Commissioners of the District by personal or telephonic notice, specifying the time and place of the Emergency meeting and the business to be transacted. No other business shall be considered at such meeting. Section 34. Attendance. All District meetings shall be open to the public and be held in accordance with the provisions of Florida Statute 286.011. Fact finding sessions and administrative conference where more than one Commissioner is present shall not be deemed a District meeting provided that the Commissioners present do not make a final decision or a decision which can reasonably be construed to lead to a final District decision, nor discuss with each other their individual findings and conclusions. Section 35. Public Notice. Notice of Regular Meetings and Special Meetings shall be in accordance with Chapter 286 of the Florida Statutes. Section 36. Recessed and Continued Meetinas. Where a meeting having been set and noticed under the provisions of these by-laws and during the course of said meeting is recessed to a time and place certain, there shall be no requirement for service of notice of the time and place of continuation of said meeting other than or in addition to the original meeting notice. Section 37. Quorum. Four members of the Board of Directors of the District shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other official purposes. 5 Section 38. Votina. Every official act of the District shall be adopted by a majority vote. A "majority vote" shall mean a majority of all members of the Board of Directors present when a quorum is available. Section 39. ParliamentarY Procedure. Robert's Rules of Order, Revised, shall govern all meetings of the District, except as otherwise herein provided. ARTICLB IV - ADVISORY BOARD Section 41. Pureose. Pursuant to City of Miami Beach Ordinance No. 93-2881, an Advisory Board to the District shall be formed for the purpose of counseling the Board of Directors as to the needs and planning requirements of the District. Section 42. ComDosition. The Advisory Board shall be appointed by the Board of Directors and composed of no fewer than nine (9) members who shall be owners of real property located within the District. These members shall serve at the pleasure of the Board of Directors. Section 43. Functions and ResDonsibilities. The members of the Advisory Board shall perform such duties as may be prescribed by the Board of Directors, and shall submit within the time period specified by the Board of Directors, one or more reports on the District's proposed activities and a proposed budget to accomplish the District's objectives. In formulating a plan for services or improvements, the Advisory Board shall consult, in public session with the appropriate staff and consultants of the City of Miami Beach responsible for preparation of the District's plan. 6 , " Section 44. Meetinas. The ~dvisory Board shall meet regularly at least once every calendar year, or as specially requested by the Chairperson of the Board of Directors. All public notice requirements, as set forth in Section 35 above, shall be observed. ARTICLB V - AMENDMENTS Section 51. Amendments to Bv-Laws. These By-Laws may be amended by the Board of Directors of the District at any Regular or Special meeting by majority vote, provided that the proposed amendment to any particular section is'included in the notice of such meetings. Beach Normandy Shores Local Gove District. ATTBST: 1JJdi.~ KM:lcd 7 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673.7010 FAll: (305) 673.1782 COMMISSION MEMORANDUM NO. (()~B -93 TO: Mayor Seymour Gelber and Members of the City Commission DATE: November 17, 1993 FROM: Roger M. City Manager SUBJECT: BY-LAWS FOR NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT ADKINISTRATION RECOMMENDATION: The Administration recommends that the City Commission, acting in it's capacity as the Board of Directors of the Normandy Shores Neighborhood District (the District), approve the attached resolution adopting the By-Laws for the District. BACKGROUND: In accordance with Ordinance 93-2881 and Chapter 163 of Florida statutes, the attached By-Laws are required in order to provide for governance of the District. ANALYSIS: The By-Laws for the District set forth the rules and regulations for governance of the District. These include the general powers of the Board of the District, required meetings, public notice of meetings, quorum and voting of the Board. These By-Laws also establish the purpose, functions and responsibilities of the Advisory Council. The Mayor shall act as chairman and the city Clerk shall act as secretary of the District. Unless prohibited by ordinance, the Board of the District is empowered under 163.514 of Florida Statutes to: (1) Enter into contracts and agreements and sue and be sued as a body corporate. (2) Have and use a corporate seal. (3) Acquire, own, convey, or otherwise dispose of, lease as lessor or lessee, construct, maintain, improve, enlarge, raze, relocate, operate, and manage property and facilities of whatever type to which it holds title and grant and acquire licenses, easements, and options with respect thereto. (4) Accept grants and donations of any type of property, labor or other thing of value from any public or private source. (5) Have exclusive control of funds legally available to it, subject to limitations imposed by law or by any agreement validly entered into by it. 2(0 (6) Cooperate and contract with other or other public bodies. governmental agencies AGI~~~A R~1- C-(., DATE~ co1ll1D1ssion HelllorandWIJ - Nove1llber 17, 1993 Normandy Shores District By-Laws Page 2 (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (a) (17) Contract for services of planning consultants, experts on crime prevention through environmental design, environmental security, or defensible space, or other experts in areas pertaining to the operations of the board of directors or the district. Contract with the county or municipal government for planning assistance, and for increased levels of law enforcement protection and security, including additional personnel. Promote and advertise the commercial advantages of the district so as to attract new businesses and encourage the expansion of the existing businesses. Promote and advertise the district to the public and engage in cooperative advertising programs with businesses located in the district. Improve street lighting, parks, streets, drainage., utilities, swales, and open areas, and provide safe access to mass transportation facilities in the district. Undertake innovative approaches to securing neighborhoods from crime, such as crime prevention through environmental design, environmental security, and defensible space. Privatize, close, vacate, plan or replan streets, roads, sidewalks, and alleys, subject to the concurrence of the local governing body and, if required, the state Department of Transportation. Prepare, adopt, implement, and modify a safe neighborhood improvement plan for the district. Identify areas with blighted influences, including, but not limited to, areas where unlawful urban dumping or graffiti are prevalent, and develop programs for eradication thereof. Subject to referendum approval, make and collect special assessments pursuant to ss. 197.3632 and 197.3635 to pay for improvements to the district and for reasonable expenses of operating the district, including the payment of expenses included in the district's budget, subject to an affirmative vote by a majority of the registered voters residing in the district. Such assessments shall not exceed $500 for each individual parcel of land per year. Notwithstanding the provisions of s.101.6102, the referendum to approve the special assessment shall be by mail ballot. Exercise all lawful powers incidental to the effective and expedient exercise of the foregoing powers. CONCLUSIONs Adoption of these By-laws by the Board of Directors of the Normandy Shores Neighborhood Improvement District will provide the necessary rules and regulations for the effective governance of the District. RMC: )em II Zlll