98-3134 ORD
ORDINANCE NO.
98-3134
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 41, ARTICLE VI, ENTITLED "VISITOR AND
CONVENTION AUTHORITY;" SPECIFICALLY AMENDING SECTION 41-
64 THEREIN; DELETING THE REQUIREMENT OF UNITED STATES
CITIZENSHIP AS A PREREQUISITE, IN ADDITION TO MIAMI-DADE
COUNTY RESIDENCY, TO MEMBERSHIP ON THE VCA; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Miami Beach Visitor and Convention Authority (VCA) is a tourist
development authority established pursuant to the provisions of Chapter 67-930, Laws of Florida,
1967, and Miami Beach City Code Chapter 41, Article VI, Section 41-63, et. seq.; and
WHEREAS, the Mayor and City Commission wish to amend Miami Beach City Code
Chapter 41, Article VI, entitled "Visitor and Convention Authority," to delete the requirement of
United States citizenship as a prerequisite, in addition to Miami-Dade County residency, to
membership on the VCA.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CITY CODE CHAPTER 41. ARTICLE VI
That Miami Beach City Code Chapter 41, Article VI, entitled "Visitor and
Convention Authority," specifically Section 41-64 therein, is hereby amended to read as follows:
CHAPTER 41. TAXATION
Article VI. Visitor and Convention Authority
Sec. 41-64. Membership.
The authority shall consist of seven (7) members, who shall be eiti2:cn3 of thc
United States, permanent residents of Dade County, and who have outstanding
reputations for civic pride, interest, integrity, responsibility and business ability
within the city. Members of the authority and any and all employees of the authority
shall not hold any elective or appointive public office in the government of the City
of Miami Beach, Florida and shall be prohibited from voting on any matter they may
be, directly or indirectly, financially interested in the profits or emoluments of any
contract, work or service for the city or the authority, and shall not hold any elective
or appointive public office in the government of the City of Miami Beach, Florida
or become a candidate for election to any public office, or take part in any city
political campaign involving candidates for office except to exercise their rights as
citizens privately to express their opinions and cast their votes. Any member of the
authority, or any employee thereof, who announces his candidacy for public office
in the government of the City of Miami Beach, Florida shall be deemed to have
vacated his office or position forthwith. The seven members of the authority shall
be representative of the community as follows: Not less than two nor more than
three members shall be representative of the hotel industry; and the remaining
members, none of whom shall be representative of the hotel industry, shall represent
the community at large. Any member of the authority or employee therefore
violating or failing to comply with the provisions of this article shall be deemed to
have vacated his office or position.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
Pursuant to Chapter 67-930, Laws of Florida, 1967, Section 8 thereof, this Ordinance shall
take effect upon the adoption by 517ths vote of the Mayor and City Commission, plus a 4/5ths vote
of the Miami Beach Visitor and Convention Authority (VCA).
PASSED and ADOPTED this 15th day of
July
,1998.
MAYORo/~
ATI4LJ f~
CITY CLERK
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F:\A TTO\AGUR\RESOS\ VeAREY.ORD
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1st reading 6/17/98
2nd reading 7/15/98
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:ITY OF MIAMI BEACH
TY HALL 1700 CONVENTION CE~ITER DRiVE MIAMI BEACH, FLORIDA. 33139
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COMMISSION MEMORANDUM NO. 4--Cf1- 9 g
TO:
Mayor Neisen O. Kasdin and
Members of the City C
DATE: July 15, 1998
FROM:
Sergio Rodriguez
City ~Ianager
SL'B.JECT:
A:'f ORD . .\N E OF THE MAYOR AND CITY COMMISSION OF THE
CITI' OF ML\MI BEACH, FLORIDA, AMENDING ML\MI BEACH CITY
CODE CHA.PTER 41, ARTICLE VI, ENTITLED "VISITOR AND
CO;'fVENTION AUTHORITI';" SPECIFICALLY A1.\<fENDING SECTION 41-
64 THEREIN; DELETDi'G THE REQUIREMENT OF UNITED STATES
CITIZENSHIP AS A PREREQuISITE, IN ADDITION TO ML-\MI-DADE
COUNTY RESIDENCY, TO MEMBERSHIP ON THE VCA; PROVIDING
FOR .. CODIFICATION, REPEALER, SEVER-\BILITI::', AND AN
EFFECTIVE DATE.
ADMINISTR-\ TION RECOi\'~IENDA TION:
Adopt the Ordinance.
BACKGROUND:
On September 19, 1979, the City Commission approved Ordinance No, 79-2171, which created the
Miami Beach Tourist Development Authority (Authority) in accordance with Section 41-63 of the
City Code, The City Code requires the seven members of the Authority to be citizens of the United
States and permanent residents of Nuami-Dade County,
ANAL YSIS:
The City of J\luami Beach community is fortunate to enjoy from a multitude of diverse cultures,
traditions, and ideas from its multi-ethnic residents. This Ordinance precludes the City Commission
from appointing a resident, who is not a United States citizen, from being a member.
The Visitors and Convention Authority unanimously approved the amendment to the Ordinance on
June 11, 1998.
CONCLFSIO:'f:
The City Admini"tration recommends that the Mayor and City Commission amend the Ordinance
by removing the requirement of a member to be a United States citizen.
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