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O-641-03 ORDINANCE NO. 641-03 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, CREATING CHAPTER 2,ARTICLE VI, SECTION 2-90, ET SEQ. OF MIAMI SHORES VILLAGE CODE, ESTABLISHING A CHARTER SCHOOL AUTHORITY TO WHICH IS DELEGATED THE RESPONSIBILITY AND AUTHORITY TO MANAGE AND OPERATE A MUNICIPAL CHARTER MIDDLE/HIGH SCHOOL IN MIAMI SHORES VILLAGE, PROVIDING FOR A BOARD OF DIRECTORS THEREOF, SETTING FORTH POWERS OF THE BOARD, PROVIDING FOR USE OF INCOME, PROVIDING FOR REGULAR REPORTS TO THE VILLAGE COUNCIL, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council of Miami Shores Village has previously determined that there exists a n eed f or a C harter S chool facility w ithin t he V illage i ncluding h igh s chool g rade 1 evels,h as authorized a bond issue for the construction of a such a facility, has identified a site for such a charter school and has applied for and secured approval of an appropriate middle/high school charter from the Miami-Dade School Board; and WHEREAS, the Village Council finds that the administration and day to day operation of such a charter school is a demanding, time consuming, and complex task which should be entrusted to a board comprised of dedicated individuals with the necessary skills,time and interest to devote to that important mission, and WHEREAS, Florida law and Section 29 of the Village Charter permit the Village Council to delegate this task to a special board or authority in accordance with the provisions hereof; NOW THEREFORE, be it Ordained by the Village Council of Miami Shores Village Florida that: Section 1. The Miami Shores Village Code o f Ordinances i s hereby amended t o a dd a n ew Chapter 2,Article VI, Sections 2.90 et seq.which shall read in its entirety, as follows: Section 2-90-Charter School Authority Established,Board Of Directors. a) There is established a Charter School Authority in the Village,which shall be governed by a Board of 13 Directors, 7 of whom shall be chosen by the Village Council. Two Directors shall be designated by resolution of the Board of Directors of Barry University, Inc., two Directors shall be designated by the Board of Directors of the North Dade Medical Foundation, one Director shall be designated by the Board of Directors of an officially sanctioned Parent Teacher Association recognized by the Village and representing the parents of middle school students at the Charter School Facility, and one Director shall be designated by the Board of Directors of an officially sanctioned Parent Teacher Association recognized by the Village and representing the parents of high school students at the Charter School Facility. Appointees shall not be required to meet the residency criteria stipulated in Sec. 1-2.1 of the Village's Code of Ordinances. b. All such Directors shall hold their office for a term of two years, from the first day of July following their appointment. Each Director shall hold office until his or her successor has been duly appointed, except when removed by the Village Council or the Board of Directors of such entity appointing that Director, and any Director may be removed at any time by a four-fifths vote of the Village Council. In cases of vacancies by resignation, removal, or otherwise, the designating entity who originally appointed the Director holding that seat (whether such entity be the Village Council or the Boards of Directors of Barry University, the North-Dade Medical Foundation or either of the two Parent Teacher Associations) may fill such vacancy for the unexpired term. C. All designating entities (i.e., the Village Council and the Boards of Directors of Barry University, North-Dade Medical Foundation and the two parent teacher associations) shall evidence their decisions regarding appointments to the Board of the Charter School Authority, as well as any actions regarding removal of any of their designated B oard members,by means o f p roviding a copy of a duly executed written resolution confirming such action to the Village Clerk. In the event, for any reason, any designating entity fails to so designate one or more appointments to the Charter School Authority Board of Directors in accordance with the provisions hereof, such that any corresponding seat on the Board of Directors remains vacant for a period in excess of three consecutive calendar months, the Village Council shall have the authority to appoint an interim Director to such seat(s) on the Board until such time as said designating entity exercises its appointment right as provided herein. d. As soon as practical after the Village Council's appointment of its designated Directors in accordance herewith, all duly designated Directors shall meet and organize by electing one of their number chairperson and such other officers as they may deem necessary. At the initial organizing meeting of the Directors, the seven Directors appointed by the Village Council shall draw lots to select three of their number to hold initial three year terms, so as to stagger the terms of the Village Council Appointees. All decisions by the Board of Directors of the Miami Shores Village Charter School Authority shall be by majority vote of Directors then present and voting. Section 20-91. Delegation of Authority Over Charter School Operations. In accordance with general law and Section 29 of the Miami Shores Village Charter, the Miami Shores Village Council delegates to the Board of Directors of the Miami Shores Charter School Authority management and operational control over the administration, on behalf of the Village, of the municipally chartered Middle/ High School to be located in the Village, in accordance with the Charter contract between the Village and the Miami-Dade County School Board. This delegation of authority extends to all matters regarding the operation and management of such Charter School but does not include the delegation of any taxing authority, nor a delegation of the disposition of any proceeds of the bond issue approved by Village residents for construction of a Charter School facility. It is the intent of this provision that the Village, and not the Charter School Authority, will utilize those bond funds for the construction of such a facility which will be owned by the Village and leased to the Authority. Section 20-92. Quorum,By-laws of Board; Control of Expenditures,Facilities Seven members of the Charter School Authority Board of Directors shall be a quorum. The Board of Directors may make and adopt such by-laws (subject to Village Council approval) and regulations for its own guidance and for governance of the Charter School as it may deem expedient and to the extent not inconsistent with law. The Board of Directors shall, in accordance with law, direct expenditures of all state, county and private monies collected,received, or donated for purposes of Charter School operations as well as such Village funds as may be specifically budgeted and appropriated by the Village council for such purposes. The Board of Directors of the Charter School Authority shall have authority over the renting of the Charter School Facility and the supervision, care and custody of the grounds, rooms, and buildings constructed,leased or set apart for that purpose. Section 20-93. Charter School Funds;Use of Income. All funds collected, donated or in any way acquired by or under the authority of the Board of Directors of the Charter School Authority in connection with the maintenance or support of the Charter School shall be kept for the use of such Charter School separate and apart from all other funds of the Village, and shall not be used or distributed for any other purpose or in any other manner. Funds donated to the Village by the North Dade Medical Foundation pursuant to a Grant Agreement with the Village shall not be considered under the authority of the Board of Directors of the Charter School Authority unless and until such funds are specifically transferred by the Village to the Board in accordance with that Grant Agreement, and in that event , only to the extent of such transfer. Section 20-94. Powers of Board Generally. The Charter School Authority Board of Directors may purchase or lease grounds; erect, lease or occupy appropriate buildings for the use of the charter school; appoint a suitable chief executive officer (who may be designated as principal, headmaster, executive director or otherwise) and assistants; fix their compensation and remove them from office at the pleasure of the Board; establish regulations for the governing, management and operations of such Charter School as may be deemed necessary for its preservation, proper operation and to maintain its usefulness and efficiency and shall have and exercise such power as may be necessary to carry out the spirit and intent of the law in establishing, promoting and maintaining a municipal Charter Middle/ High School within Miami Shores Village. However, notwithstanding anything to the contrary contained in this Article VI,the Charter School Authority Board of D irectors s hall n of h ave t he a uthority t o t ake a ny o f t he f ollowing a ctions w ithout approval from the Village Council: a) amending or surrendering the Charter from the Miami-Dade County School Board; b)terminating the operations of the Charter School; c) entering into any agreement binding the Charter School Authority to obligations in an amount in excess of$200,000; d) authorizing payments to members of the Charter School Authority Board of Directors (other than reimbursements of travel expenses in accordance with prevailing Village policy). Section 20-95. Regular ar Reports to Council. The Charter School Authority Board shall, at least quarterly, transmit reports to the Village Council of the condition of the Authority and the Charter Middle/High School,including full financial reporting,such reports as may be deemed appropriate concerning student registration, attendance, and achievements and such additional statistics, information and suggestions as the Board may deem of general interest or as the Village Council or Village Manager may require. Section 2: All ordinances, or parts of ordinances in conflict herewith or inconsistent herewith, are hereby repealed, but only insofar as such ordinances may be i nconsistent o r i n c onflict w ith t his Ordinance. Section 3: If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be severable therefrom. Section 4. This Ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING,this 21st day of October ,2003. PASSED AND ADOPTED ON SECOND READING,this 4th day of October ,2003. ;&A� - Jim Mc y,Ma or ATTEST: Barbara Estep,CMC, illage Clerk ROVED AS TO FO Pt to Richard Sarafan,Vil age Attorney