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HomeMy WebLinkAboutR-1989-105 y f RESOLUTION NO. 105-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE BY-LAWS OF DANIA NEIGHBORHOOD IMPROVEMENT DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That those certain By-Laws of Dania Neighborhood Improvement District , a copy of which is annexed hereto and made a part hereof as Exhibit "A" , be and the same are is hereby approved and the appropriate city officials are directed to execute same . Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption . PASSED and ADOPTED this 26th day of September 1989 . 'MAYOR - C�?¢ R ATTEST: *dl�- CITY CLERK - AUDITOR APPROVED AS TOO FORM AND CORRECTNESS e FRANK C. ADLER, City Attorney Resolution No. 105-89 J BY-LAWS OF DANIA NEIGHBORHOOD IMPROVEMENT DISTRICT ARTICLE I ORGANIZATION These By-Laws serve to organize the Board of Directors of the Dania Neighborhood Improvement District #1 (DNID) , located in the City of Dania , which was created by City Ordinance No. 40-88, amended by Ordinance No. 41-88 , as a local government neighborhood improvement district pursuant to the Safe Neighborhoods Act , F.S. 163 . 501 et seq. ARTICLE II PURPOSE AND POWERS For the purpose of establishing a safe neighborhood improvement plan and program and implementing effective crime prevention techniques, the Board of Directors of the DNID may exercise any and all of the rights , duties and powers provided for hereinafter and as defined in the Safe Neighborhhods Act , F.S. 163. 501 et seq. as same may be amended from time to time . ARTICLE III DEFINITIONS ( 1 ) "Act" shall mean the Safe Neighborhoods Act , F.S . 163. 501 et seq. as same may be amended from time to time . (2) "Advisory Committee" means the advisory council of property owners or residents of DNID defined by E.S. 163 . 506 and established by City Ordinance No. 40-88 , amended by Ordinance No. 41-88. (3 ) "Board" means the Board of Directors of the Dania Neighborhood Improvement District U . (4 ) "City" shall mean the City of Dania . ( 5) "DNID" is the acronym for the Dania Neighborhood Improvement District U . EXHIBIT "A" ARTICLE IV BOARD MEMBERSHIP, TERM OF OFFICE, VACANCIES , REMOVAL ( 1 ) The City Commission is the designated Board of Directors pursuant to City Ordinance No. 40-88 , amended by Ordinance No. 41-68. The Board of Directors shall be the governing body of the District . Term of office , vacancies or removal from office shall be as prescribed for City Commission by the City Charter and State Statutes . ( 2 ) The Chairman and Vice-Chairman of the Board shall be the Mayor and Vice-Mayor of the City Commission respectively. (3 ) Members of the Board of Directors shall receive no compensa- tion for their services . ( 4 ) A majority of the Board shall constitute a quorum, and a majority vote at any meeting or public hearing at which a quorum is present shall constitute an action of the Board, except as may otherwise be specifically provided in these By-Laws. ARTICLE V POWERS ( 1 ) The DNID has all powers granted to neighborhood improvement districts by F.S . 163 . 514 pursuant to City Ordinance No. 40-88 , amended by Ordinance No. 41-88 . However, the power to either levy ad valorem taxes or special assessments, pursuant to F.S. 70 , or both , shall be governed by the DNID annual budget approved by resolution of the City Commission with respect to the millage rate , assessment rate and type of assessment . ( 2 ) In accordance with F.S . 163 . 523 and subject to the limita- tions thereof, the DNID may contract with community organiza- tions to undertake any of the activities permitted under the Act and enabling ordinances , except preparation of the safe neighborhood improvement plan , within the specified fiscal limits . ARTICLE VI MEETINGS AND STAFF ASSISTANCE ( 1 ) Regular meetings shall be held in conjunction witn regular and special City Commission meetings . ( 2) Special meetings may be called by the Chairman at his/her discretion or shall be called when requested by two other Board members . Adequate notice shall be given to all Board members and the public stating the date, hour and place of the meeting and the purpose and no other bus for which such meeting is called, iness shall be transacted at that meeting. ( 3 ) Notice of regular Board meetings shall be given in conjunc- tion with notice requirements for regular or special City Commission meetings. The agenda of each special meeting shall be posted on the Public Bulletin Board , City Hall , at least three ( 3 ) days in advance . ( 4 ) All meetings of the Board shall be open to the public as required by the Florida Sunshine Law, F.S . 286 . ( 5 ) Robert ' s Rules of Order shall apply to all of the Board' s public meetings, hearings or workshops , to the extent it is not inconsistent with general law, these By-Laws, or other rules of procedure specifically adopted by the Board . ( 6 ) The City Clerk or his/her designee, in accordance with Florida Public Record Law, F.S . 119 , shall keep the minutes of each meeting . The City Clerk shall be responsible for the general maintenance of all minutes and other official records of proceedings and actions of the Board . ( 7) The DNID may employ staff or utilize City employees, as may be necessary to carry out the purpose and policies of the Board , with consent of the City Manager, as appropriate. (8 ) The City Manager, or his/her designee, is hereby designated as liaison agent to execute all documents on behalf of the DNID, and to administer the daily operations of the DNID. ARTICLE VII DUTIES The DNID shall perform all the duties enumerated in F.S. and summarized as follows : 163 . 513 ( 1 ) Collect data on criminal activity in the district . (2) Analyze crimes related to land use and environmental and physical conditions of the District . (3 ) Determine where modification of certain traffic patterns would assist crime prevention in the District . (4 ) Formulate and maintain on a current basis short-range and long-range projects and plans for crime prevention in the District through environmental design strategies and tactics. ( 5 ) Prepare and initiate action deemed most suitable for implementing DNID' s safe neighborhood improvement plan . (6 ) Participate in the implementation and execution of DNID' s safe neighborhood improvement plan. ( 7 ) Ensure that all capital improvements within the District are consistent with the Capital Improvements element of the City' s Comprehensive Plan. ARTICLE vIII DANIA NEIGHBORHOOD IMPROVEMENTDISTRICT ADVISORY COMMITTEE The Board of Directors shall (5 ) Property owners or residentsooftthe Diistr an ict . CoThettee of five Committee shall perform such duties as may be Advisory Board and shall submit within the time may beiprescribed b report on the a the accomplish to itsdobjectivesactivities and a proposed budget Board a improvements In formulatingget is the Advisorl a Plan for services or session with the appropriatestffCommittee .,hall ltantsC in public The Advisory Committee shall staff or consultants of the procedures : operate under the following City, ( 1 ) The Advisory Committee shall select Vice-Chairman and other its own Chairman , officers, unless such officers are designated by the Board of Directors . ( 2) It is suggested that the Advisory Committee meet not less than once every other month , and more frequently if the of business requires . Notice to the members shall be by the Chairman press or his/her designated representative, given (3 ) Absence by any Advisory Committee member from three ( 3 ) consecutive regular meetings shall constitute an automatic resignation of such member. (4 ) A majority of the members of the Advisory Committee shall constitute a quorum at any of its meetings, and no action shall be taken y it except-•_�' P at a meeting as herein (5 ) The minutes of the Provided . proceedings of the Advisory Committee shall be made by the City Clerk and the original of such mintues shall be kept in the office of the City Clerk and shall be open to inspection at all times . (6 ) All meetings shall be open to the press and general public and all persons desiring to appear before the Advisory Committee shall be given reasonable time views any matters being to present their Committee . to by the Advisory ( 7) The Chairman shall act as presiding officer at all meetings Of the Advisory Committee but may designate another member to preside as Acting Chairman during the Chairman ' Chairman ' s absence. s and Vice ARTICLE IX SAFE NEIGHBORHOOD IMPROVEMENT PLAN ( 1 ) The DNID shall prepare or cause to be prepared a Safe Neighborhood Improvement Plan in compliance with F.S. 163. 516. ( 2) The Board shall adopt a Safe Neighborhood Improvement Plan pursuant to F.S. 163. 516 which includes a determination of consistency with the City ' s Comprehensive Plan . ( 3 ) The procedure for amending the Safe Neighborhood Improvement Plan by the Board shall be as for the original adoption . (4 ) There shall be no levy nor expenditure of any proceeds of any tax assessment nor fees authorized , other than for the prepa- ration of the Plan, unless and until the Plan has been adopted by the City Commission . ARTICLE X FINANCES ( 1 ) All DNID funds shall be received , held and secured under the auspices of the City Finance Department in accordance with F.S . 163. 5151 and with generally accepted accounting proce- dures . This includes internal supervision and control of DNID accounts as approved by the City Finance Director. (2 ) Requisitions for purchases or other dispersals shall be signed by the City Manager or his/her designee . (3 ) The work year and fiscal year of the DNID shall be twelve ( 12 ) months , commencing and ending concurrently with the fiscal year of the City of Dania . ( 4 ) By June 1 of each year, the Advisory Committee shall submit to the Finance Department a report on the year' s activities and a proposed budget for the ensuing year to accomplsih DNID objectives . The City shall assist the Advisory Committee in formulating a plan for improvements and preparation of the proposed budget . ( 5 ) The City Finance Department shall present the Advisory Committee 's report and proposed budget to the Board for review and adoption as proposed or amended in conjunction with the City ' s budget review and adoption process . ( 6 ) The Board shall ensure that an external audit of financial books and records of DNID be conducted annually by an independent certified public accountant who has no personal interest , direct or indirect , in the fiscal affairs of DNID. ARTICLE XI AMENDMENTS These By-Laws may be altered, amended or added to by vote of the Board at a regular or special meeting. ARTICLE XII PRINCIPAL OFFICE The principal office of the Dania Neighborhood Improvement District is located at City Hall , 100 West Dania Beach Boulevard , Dania, Florida 33004 . Adopted this day of , 1989, by the Board of hborhood Improvement District , in Directors of the Dania Neig accordance with Resolution No. 105-89 passed and adopted by the City Commission of the City of Dania , Florida on the 26th day of -.5pptembe1 , 1989. For the Dania Neighborhood Improvement District 4rles K. McEly� } Chairman, Board f6 Directors ATTEST: Wanda Mullikin, City Clerk-Auditor J