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HomeMy Public PortalAbout2022-05 - Dissolution of the Niles Gardens Neighborhood DistrictSponsored by: City Manager ORDINANCE NO. 2022-05 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-05, FOR THE NILE GARDENS NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED ON THE EAST BY N.W. 27TH AVENUE, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135TH STREET, AND ON THE SOUTH BY N.W. 128TH STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-Locka, Florida adopted Ordinance 88-03, which Authorized the creation of Safe Neighborhood Improvements Districts within the City of Opa-Locka in accordance with the provisions of Section 58, Chapter 87-243, Laws of Florida; and WHEREAS, the City adopted Ordinance 88-05, which created the Local Government Neighborhood Improvement District for the Nile Gardens Area of the City of Opa-Locka within an area containing approximately 320 acres, bounded on the East by N.W. 27th Avenue, on the West by Alexandria Drive, on the North by N.W. 135th Street, and on the South by N.W. 128th Street; and WHEREAS, the Nile Gardens Neighborhood Improvement District has taken no action for two (2) or more years and has failed to file any of the reports listed in Florida Statutes, Section 189.066, and the City Commission is declaring this Special District, Nile Gardens Neighborhood Improvement District inactive in accordance with Section 189.062, Florida Statutes; and Ordinance No. 2022-05 WHEREAS, the City Commission of the City of Opa-Locka repeals Ordinance 88- 03 and Ordinance 88-05 to dissolve the Nile Gardens Neighborhood Improvement District. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Recitals. The above recitals are true and correct and are incorporated into this Ordinance by reference. Section 2. Approval of Dissolution of Special District The Nile Gardens Neighborhood Improvement District is hereby declared inactive and is dissolved pursuant to Section 189.071 without a referendum. Ordinance 88-03 and Ordinance 88-05 are hereby repealed. Section 3. Severability. If any provision of this Ordinance is held invalid, such invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Section 4. Conflict & Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect immediately upon its adoption on second reading. 2 Ordinance No. 2022-05 PASSED FIRST READING this 8th day of December 2021. PASSED SECOND READING this 12th day of anuary 2022. Veronica J. a , ayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Joa a Flores, City Clerk Moved by: Commissioner Bass Seconded by: Vice Mayor Taylor VOTE: 4-0 Burnadetfe Norris -Weeks, P.A. City Attorney Commissioner Bass NOT PRESENT Commissioner Davis YES Commissioner Dominguez YES Vice Mayor Taylor YES Mayor Williams YES 3 12NW I NEIGHBORS I SUNDAY JANUARY 2 2022 CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at the Regular Commission Meeting on Wednesday, January 12, 2022 at 7:00 p.m., at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following items for final adoption: SECOND READING ORDINANCES/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 2, ARTICLE XI, DIVISION 13 OF THE CITY'S CODE OF ORDINANCES ENTITLED "HISTORIC ENVIRONMENTAL PRESERVATION BOARD" TO ESTABLISH MINIMUM STANDARDS FOR MUNICIPAL HISTORIC PRESERVATION PROGRAMS AS SET FORTH IN THE MIAMI-DADE COUNTY HISTORIC PRESERVATION ORDINANCE SECTION 16A-3.1; PROVIDING FOR BOARD ORGANIZATION AND QUALIFICATIONS; BOARD DUTIES AND RESPONSIBILITIES; SCOPE OF REGULATIONS; DEFINITIONS; ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS; SITE/DISTRICT/ZONE DESIGNATION PROCESS AND PROCEDURES; DEMOLITION PROCESS AND PROCEDURES; PROCEDURES FOR MAINTENANCE OF DESIGNATED PROPERTIES; CERTIFICATE TO DIG PROCEDURES; AN APPEALS PROCESS; PENALTIES AND INCENTIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; RESCINDING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-04, FOR THE ALI-BABA NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 45 ACRES, BOUNDED ON THE EAST BY N.W. 17T" AVENUE, ON THE WEST BY N.W. 22X" AVENUE, ON THE NORTH BY N.W. 15197 STREET, AND ON THE SOUTH BY N.W. ALI BABA AVENUE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-11, FOR THE EAST -WEST SAFE NEIGHBORHOOD DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 100 ACRES, BOUNDED ON THE EAST BY N.W. 17"' AVENUE, ON THE WEST BY N.W. 22"" AVENUE, ON THE NORTH BY N.W. 141'T STREET, AND ON THE SOUTH BY N.W. 135"' STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-05, FOR THE NILE GARDENS NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED ON THE EAST BY N.W. 27TH AVENUE, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135TH STREET, AND ON THE SOUTH BY N.W. 128TH STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE THE MOORISH REVIVAL STYLE DESIGN HANDBOOK; PROVIDING FOR DEFINITIONS, PERMIT AND SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 1531 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION 22-101, CREATING THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES; PROVIDING FOR DEVELOPMENT CRITERIA; PROVIDING FOR SPECIAL PERMIT REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION 22-102, CREATING THE OPA-LOCKA INNOVATION DISTRICT, PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES, PROVIDING FOR DEVELOPMENT REGULATIONS AND INCENTIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1.3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REVIEW REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT REVIEW FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. All interested persons are encouraged to participate and will be heard with respect to the public hearings. Additional information on the above item may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@opalockall.gov. To participate or provide comments virtually, please register on the City of Opa-locka website at www.opalockafl.aov no later than 7:00 p.m. on Wednesday, January 12, 2022. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance not later than five (5) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (T(1'), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal maybe based. Joanna Flores, CMC City Clerk City of Opa-locka City of Opa-locka Agenda Cover Memo Department Director: Gregory D. Gay Department Director Signature: 6' City Manager: John E. Pate CM Signature --- Commission Meeting Date: December 8, 2021 Item Type: (EnterX in box) Resolution Ordi n ther Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (Enter X in box) 15, Reading 2nd Reading X X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact section below Advertising Requirement: (Enter X in box) Yes No ILA Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & City Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X im Dev m • MI Image il■ IN Sponsor Name City Manager Department:Planning 8E Community Development City Manager Short Title: ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, FOR THE NILE GARDENS NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED ON THE EAST BY N.W. 27TH AVENUE, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135TH STREET, AND ON THE SOUTH BY N.W. 128TH STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The Safe Neighborhoods Act was established by Florida Statutes Sections 55-73, Chapter 87-243. The City Commission of the City of Opa-locka, Florida adopted Ordinance 88-03 on April 6, 1988, which authorized the creation of Safe Neighborhood Improvement District(s) within the City of Opa-locka in accordance with the provisions of Section 58, Chapter 87-243, Laws of Florida. The City Commission also adopted Ordinance 88-05 on April 6, 1988, which created the Local Government Neighborhood Improvement District for the Nile Gardens Area containing approximately 320 acres, bounded on the East by N.W. 27th Avenue, on the West by Alexandria Drive, on the North by N.W. 135th Street, and on the South by N.W. 128th Street. According to City records, no actions were taken for the Nile Gardens Neighborhood Improvement District for two or more years and no reports required by Florida Statutes, Section 189.062 were filed or submitted to the Florida Department of Economic Opportunity. The City Commission is therefore declaring the Ali Baba Neighborhood Improvement District inactive in accordance with Section 189.062, Florida Statutes. The City Commission also repeals Ordinance 88-03 and Ordinance 88-05 to dissolve the Nile Gardens Neighborhood Improvement District in accordance with Section 189.071, Florida Statutes. Financial Impact Account Description Available Project Remaining Balance The City currently pays $150.00 per year as required by Florida Statutes for the Nile Gardens Special Neighborhood Improvement District and that fee will no longer be required when the NID is dissolved. Proposed Action: Staff recommended approval of this legislation. Attachment: Draft Ordinance to Dissolve the Nile Gardens NID Ordinance 88-03 Ordinance 88-05 Development Services Building & Licenses Planning & Community Development 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Fax: (305) 953-3060 Gregory D. Gay Director Phone: (305) 953-2868, Ext. 1503 November 9, 2021 Jack Gaskins, Jr. MPA Florida Department of Economic Opportunity Special District Accountability Program Tallahassee, FL 32399 RE: Special Neighborhood Improvement Districts Mr. Jack Gaskins, Jr., Thank you for your technical assistance concerning next steps for the dissolution of the following special districts in the City of Opa-locka: Ali Baba Neighborhood Improvement District; East-West Safe Neighborhood Improvement District; Nile Gardens Neighborhood Improvement District. The reason no audits have been provided is because none of these Districts have any financial activity. The steps that will be taken to prevent noncompliance from reoccurring, the City of Opa-locka has drafted legislation to declare the Neighborhood Improvement Districts inactive and will repeal the enabling legislation to dissolve the special districts. This legislation will be presented to the City Commission for first reading on December 8, 2021, and this Ordinance will be adopted by the City Commission on second reading on January 12, 2022. These Neighborhood Improvement Districts will no longer exist. A copy of the legislation will be forwarded after first reading and an executed copy of the adopted ordinance will be forwarded after second reading. Sincerely, Gregory D. Gay, Director - Development Services Building and License I Planning and Community Development CC John E. Pate, City Manager Joanna Flores, City Clerk Burnadette Norris Weeks, City Attorney George Ellis, Assistant City Manager Robert Anathan, Budget Administrator Gerri Lazarre, Finance Administrator Gerald Lee, Zoning Official/Planner, Planning & Community Development Department First Reading: March 23, 1988 Second Reading: April 6, 1988 Third Reading: PUBLIC HEARING: April 6, 1988 POSTED IN FULL : April 7, 1988 EFFECTIVE DATE: 4/7/88 ORDINANCE NO. 88-3 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CREATION OF SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS. WHEREAS, Sections 55 through 73, Chapter 87-243, Laws of Florida, establish the Safe Neighborhoods Act, hereinafter referred to as the "Act"; and WHEREAS, Section 58 of the Act provides that the governing body of a municipality may adopt an ordinance authorizing the formation of safe neighborhood improvement districts in accor- dance with the provision of the Act; and WHEREAS, the City Commission of the City of Opa-locka has determined that the public interest will be best served by adopting on ordinance authorizing the formation of local govern- ment neighborhood improvement districts in accordance with Section 59, Chapter 87-243, Laws of Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS: Section 1: Districts Authorized. Safe Neighborhood Improvement Districts, as provided in Chapter 87-243, Laws of Florida, may be established within the City of Opa-locka. Section 2: Method of Establishment. The method of establishing such Safe Neighborhood Improvement Districts in the City of Opa-locka shall be as described in Section 59 of Chapter 87-243, Laws of Florida, relating to local government impro- vement districts. Section 3: That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance conflict herewith, be and the same are hereby repealed. Section 5: That this Ordinance shall be in full force and effect ten days from the date of final passage. PASSED and ADOPTED this 6th day of April , 1988. City Clerk Commission Vote: 4-0 Commissioner Susaneck: Commissioner Hooten: Commissioner Lipkins: Vice Mayor Kelley: Mayor Ingram: YES ABSENT YES YES YES p�ro�• s to Form And L'-..1 Suffici/ency: C ty Attorney First Reading: Second Reading: Third Reading: PUBLIC HEARING: POSTED IN FULL: March 23, 1988 April 6, 1988 April 6, 1988 April 7, 1988 EFFECTIVE DATE: April 7, 1988 ORDINANCE NO. 88-5 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA, CREATING A LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT PURSUANT TO SECTION 59, CHAPTER 87-243, LAWS OF FLORIDA, TO BE KNOWN AS THE NILES GARDENS NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED BY THE SOUTH BY N.W. 128th STREET, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135th STREET, AND ON THE EAST BY N.W. 27th AVENUE. WHEREAS, Section 58, Chapter 87-243, Laws of Florida provi- des that the governing body of a municipality may adopt an ordi- nance authorizing the formation of Safe Neighborhood Improvement Districts in accordance with the provisions of that Act; and WHEREAS, The City Commission of the City of Opa-locka, Florida, has adopted Ordinance No. 88-3 , authorizing the creation of Safe Neighborhood Improvement Districts within the City of Opa-locka; and WHEREAS, The City's Department of Planning and Community Development has recommended the creation of a Local Government Neighborhood Improvement District for the Niles Gardens Area of the City of Opa-locka. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, HEREBY ORDAINS: Section 1: District created. A Local Government Neighborhood Improvement District is hereby created pursuant to Section 59, Chapter 87-243, Laws of Florida to include approximately 320 acres bounded by the south N.W. 128th Street, on the west by Alexandria Drive, on the north by N.W. 135th Street and on the east by N.W. 27th Avenue. Section 2: Name of district. The Local Government Neighborhood Improvement District created hereby shall be known as the "Niles Gardens Neighborhood Improvement District." Section 3: Authority to apply for and receive grant. The Local Government Neighborhood Improvement District created hereby is hereby authorized to apply for and receive from the Florida Department of Community Affairs up to $250,000 for a planning grant and up to an additional $30,000 to employ the services of technical experts. Section 4: Utilization of tax or special assessment. The purpose is hereby stated that the district may utilize a maximum of two mills ad valorem taxes or special assessments on real property within the district. Section 5: Designation of Board of Directors. The City Commission of the City of Opa-locka is hereby designated as the Board of Directors of the district. Section 6: Establishment of Advisory Board. An Advisory Board is hereby established for the Local Government Neighborhood Improvement District created hereby. The Advisory Board shall be composed of no fewer than five members who shall be owners of real property located in the district or residents of the district. The mem- bers of the Advisory Board shall be appointed by the Board of Directors and serve at the pleasure of the Board of Directors. 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, a report 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 of consultants of the City of Opa-locka responsible for preparation of the - 2 - district's plan. Section 7: That if any clause, section or other part of this Ordinance shall be held invalid or unconsti- tutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. Section 8: That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 9: That this Ordinance shall be in full force and effect immediately upon passage. PASSED and ADOPTED this 6th day of April , 1988. Appro ;1s to Form And L ,1s Sufficiency: 4,11!' . � City Clerk !" City Attorney Commission Vote: 4-0 Commissioner Susaneck: Commissioner Hooten: Commissioner Lipkins: Vice Mayor Kelley: Mayor Ingram: YES ABSENT YES YES YES - 3 -