Downtown development authority board—Composition; appointment and terms of office of members and executive board; filling of vacancies

(a)

The affairs of the authority shall be under the direct supervision and control of a board consisting of 15 members, appointed, and confirmed, by the city commission in the manner indicated in subsection (b) below.

(b)

The board shall be constituted by 15 members as follows:

(1)

The city commission, at large, shall appoint one of its members to be the chairperson of the board and the 15th member thereof. The chairperson of the authority shall have the power to appoint the chairperson(s) to the various committees which the authority shall have the power to establish from time to time.

(2)

One member may be appointed by the board of county commissioners of Dade County and submitted to the city commission for confirmation.

(3)

One member may be appointed by the cabinet of the state and submitted to the city commission [for] confirmation.

(4)

The remaining 12 members shall be appointed by the then current board of directors of the authority and submitted to the city commission for confirmation. At least eight of the 12 appointees must be property owners, as provided in section 14-53. The board shall include at least one member from each sub-district created by the authority from time to time. A proposed member shall not be a member of the board of directors of the authority until confirmed by the city commission. In the event that an appointee is rejected by the city commission, then the board shall appoint a successor(s) until all 12 seats are filled by appointees who are confirmed by the city commission.

(5)

In the event the city commission does not reject a proposed member appointed by the board of county commissioners or by the cabinet of the state within the next two meetings of the city commission taking place after the date the city commission is notified of such appointment, then said appointee shall be deemed confirmed by the city commission. If, however, any such appointee is rejected by the city commission within the aforementioned period, then the board of county commissioners and/or the cabinet of the state shall have a period of ten days, after being notified of the rejection, in which to appoint a replacement, who shall be again subject to confirmation by the city commission. In the event that the appointee is, again, rejected by the city commission, then the board of directors of the authority shall have the right to fill the vacant position(s) in the manner provided in subsection (6).

(6)

In the event that the board of county commissioners or the cabinet of the state fails to appoint a member within 30 days from the date that the nomination is requested by the board of the authority, or within ten days after being notified of the rejection of a nominee, then the board may appoint proposed members(s) for said positions. The proposed members for the county and state seats shall be individuals who, in the opinion of the board, have the necessary qualifications and credentials to represent the board of county commissioners and/or the cabinet of the state. The appointee(s) shall be submitted to the city commission for confirmation, and shall be deemed confirmed unless the appointment is rejected by the city commission within the next two meetings of the city commission taking place after the date the city commission is notified of said appointment. In the event of a rejection, the board shall have the right to continue to submit the name of appointee(s) until confirmation by the city commission.

(c)

Members shall serve terms of four years expiring on August 31 of the fourth year of their term. Members shall serve a maximum of eight consecutive years, provided that upon the unanimous vote of the board, the city commission may, by unanimous vote, extend the term of a member for one additional period of four years. Notwithstanding the foregoing, members who, as of the effective date of this section, have served on the board for a period in excess of eight years shall be permitted to finish their term and may serve for one additional period of four years upon the unanimous vote of the board and the city commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only.

(d)

Quorum shall consist of five members. Rules of procedure of the board may require up to nine members to be present in person or by telephone to take board action.

(Code 1967, § 13-6; Ord. No. 9067, § 1, 2-12-80; Ord. No. 9071, § 1, 2-28-80; Ord. No. 9705, § 1, 10-25-83; Ord. No. 9869, § 1, 7-31-84; Ord. No. 10424, § 1, 4-14-88; Ord. No. 10534, § 1, 1-12-89; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11043, § 1, 3-11-93; Ord. No. 11064, § 1, 5-27-93; Ord. No. 11130, § 10, 3-24-94; Ord. No. 11151, § 1, 5-23-94; Code 1980, § 14-26; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No. 11564, § 7, 10-28-97; Ord. No. 11692, § 2, 7-21-98; Ord. No. 11734, § 2, 12-8-98; Ord. No. 12519, § 3, 4-8-04; Ord. No. 12905, § 2, 4-12-07)