Ordinance 17074RDINANCE NO._ 1 Z07 �,_ _
AN �RDI NANCE AME ND I NG CHAPTE R a� 1 OF
"THE CODE 4F THE CITY OF MIAMI BEACH,
FLORI�A" BY ADDING A NEW ARTICLE
THERE�O, IMMEDIATELY FOLLOWING ARTICLE
V 4F �AID CHAPTER, TO BE ENTITLED
"ARTICLE VI - AN ORi�INANCE CREATING
THE TOURIST DEVELOPMENT AUTHURITY �F
THE CITY O�' MIAMT BEACH, FLORIDA, AND
ESTABLISHING THE MEMBERSHIP, DUTIES
AND POWERS OF SUCH AUTHORITY."
BE IT ORDAINE� BY THE CITY COUNCIL �F THE CITY �F MIAMI B EACH,
�LORIDA:
SECTION lt That Chapter 41 of "The Code of the City of Miami
Beach, Florida" be and the same is hereby amended,
by a.dding the�eto a new article to be entitled "Article VI", to
follow Article V, and to rea_d as follows :
SECTION 4�1.63
��ARTICL� VI
AN O��INANCE CREATING THE TOURIST DEVELOPMEAIT
A,UTH�RITY OF THE CITY OF MIAMI BEACH, FLORIDA,
AND ESTABLISHZNG TfE MEMBERSHIP, DUTIES
P� POWERS OF SUCH AUTHORITY.
JECLARATI�N OF PURPOSE .
There is hereby created and established a Board of
Commission to be k.nvwn �s "Z"Y2e Tvuriet ��velc�ment Authority
of the City of Miami Beach, Florida", hereinafter referred to
as the "Authority."
aECTI0i�7' 41.64 MEA2BER.SHIP OF AUTHORITY
The Authority sh�.11 consist of seven ,(? ) members, who
shall 3�e citizens of the United States, permanent residents
of •�ade County, Florida, �.nd who have outstanding reputations
for civic nride, interest, integrity, responsibility a.nd
business ability within the City of Miami Beach, Florida.
Members o� the Authori�y and any and all emplo�ees of the
Authority sh�ll not hold any other elective or a�pointive
�ublic office and shall be nrohibited from voting on �ny matter
they may be, directly or indire�tl�, �inancially interested in
the r�rof its or emo].uments of any contract, work or service �or
the City or the Authority, a.nd shall not hold any elective or
apt�_,intiv ;. �►u�lic of f ice or become a candidate for election to
�ny public office, or take pa.rt in any City of Miami Bea�h
nolitical c�mpaign involving candidates for office,exce;�t to
exercise their rights as a. citizen �rivately to exnress their
oninions and cast their votes. Any member of the Authoritv, or
�ny emnloyee thereof who announces his candidacy for �ublic
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office sha.11 be deemed to ha.ve vacated his o�fice or osition
forthwith. T'he seven (7 ) members of the Authority sha.11 be
re�?reGent�.tive of the communi�y as follows: Not less than
two (2. ) nor more than three (3 ) members shall be representative
of the hotel indus�ry; and the remaining members, none of whom
shall be re�resentative of the hotel industry, sha.11 re�oresent
the community a.t 1�►rge. Anv member of the Authoritv,or emplovee
thereof violatin or faili �o comal with the ?orovisions of
this Ordinance sha.11 be deemed to have va.cated his office or
nosition.
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' SECTION 41.65 APPOINTMENT AND QUALIFICATZONS'OF MEMBERS
'�he members of the Authority shall be appointed by
� majority vote of the City Council in the following ma.nner:
Initially, fo,ur ,� members shall be apuointed for a�eriod
of two (2) years, and three t3) members sha11. be an�ointed for
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� oeriod of one (1) year. All subsequent appointments, exce�t
� ��i\i r�iil�l�� �
for filling va.cancies, shall be for a period of two,(2) years.
No two members shall be connected or haue any �inancial ties
with the same . business �-��nt-ity, and no two original a�pointees
ha.ving an a.x�pointment for the same period of years shall come
from the same business classi�ication. Vacancies occurring
shall be filled by appointment of the City Council for the
unexpired neriod, ih the same manner as the original appointment.
Members shall serve until the expiration of their terms or until
a successor is �.�pointed. Any vacancv occurrinq durinq the term
of an� member from whatsoever cause, shall be filled by the
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City Council.
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SECT�ON �1.66 REMOVAL �F MEMBERS FOR CAUSE
Any member of the Authority may be removed from office
by four-sevenths (4/7) vote of the City Council for malfeasance,
misfeasance, or nonfeasance in o�fice, upon s�ecific charges
filed with the City Council. However, before a member may be
removed, he must be served with a ca�y of the chazges filed
against him at least ten (1J� days before action thereon by
the City Council and given an o�aortunity to be heard in person,
or by counsel, at �;�ublic hearing, if rectuested in writing.
Su�h member, if removed by the City Council, may have the action
of the Council reviewed by pro�er court action.
SECTI4N 41. 6? O�'�'ICERS : �UTIES : ANI� COMP�NSATION
As soon after a?�nointment of the Authority as may
conveniently k�e done, the City Council shall call the first
meeting of the Authority, for the purpose of its organization.
The Authority shall select from it,s membership, from time to
time, a Chairman and a. Vice Chairman, who shall serve for a
neriod of two (2) years. The Chairman and Vice C'hai�man shall
be re�resentative of different indu�tries, classification� or
categories. The Authority s_hall employ, sublect to the a;��roval
o the City Councils a�irector a.nd mav an�?oint an Assistant
�irector, neither of whom shall be members of the Authority,
and e�.ch of whom sha.11 serve at the �leasure of the Authority,
provided, however, that such a�proval by the CitY Council shall
���• rr rw.�� ■ � r� ���� ..�r�.� r ■ r .r ���
�iot �e uni�ea�oriablY withheld. Theix comAensation shall be f ixed
�.+�rr�. r ..�. 4 r r.�.�..�� r��. �
by the Authority, sub�ect,to the,a�proval of the Citv_Council.
The �irector shall ha.ve general charge of the work of the
Authority, and shall direct the enforcement of all uolicies
and directives est�blished by the Authority. T'he �3irector shall
be a person of recognized ability and e�erience. Such �irector
shall maintain and kee» the records of the Authority and shall
be responsible for causing minutes of a.11 Authorit� meetings to
be r.ecorded, tra�nscribed and �naint�!ined, subject to the
su?�ervision a.nd control of the Authority, and said minutes shall
be r�ublic record. T�he a��ointment of the i�irector shall be
made b the P�uthorit within ninet 90 da s from its first
meetin and within ninet 9�� da. s after the nosition becomes
v�.ca.nt otherwise he shall be a� ointed b the Cit Council.
The �irector shall h�.ve administra.tive management o� the pro�erty
and facilities o� the Authority and the emnloyees thereof, and
shal.l per�orm such other dutieG �.s may be �rescribed from time
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a
to time by the Authority. Members af the Authority sha.11
receive no compensation �or theix services, but shall be entitled
ta reimbursemen� for necessa.ry expenses incurred in the �er-
forma.nce of their duties, in accordance with budgetary
nrovision therefor.
4THER EMPLOYEES : inTithin budget limi�ation�, as set forth in an
a�nropriate budget document, the Authority
may a�point or employ such em3�loyees as may be necessary for
the proper nerforma.nce of its duties and �unctions and the
efficient o�eration of the Authority �.nd the work within its
jurisdiction. A1l �ersons em�loved bv the Authoritv shall
enter the em�olov of the Authoritv_in accordance with the statutes,
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rectuirements a.nd rocedures utili�ed b the Cit in the
em lo ent of its ersonnel. Al1 salaries and wa es paid
em�lo ees of tY�e Authorit shall be in accordance with schedules
recommended b the Cit Mana er and �.� roved b the Cit Council.
All em�lo ees of the Authorit enterin the service of the
Authorit in the manner hereb rescribed shall be entitled to
become emvlo ees o� the Pensio� Fund created and maintained b
the Cit for its eneral em�nlo ees and the em�lo ees o� the
Authorit holdin nositions similar or analo ous to those in
the Cit 's classified service shall be entitled to all benefits,
includin sick leave com�ensator time vacations and ho� itali-
zation insurance which are en'o ed b the em�lo ees of the
Cit . All emplo ees of the Authorit shall be deemed to ossess
the sta.tus and tenure nrovided b the Civil ServiCe Act of the
Ci� and shall also be entitled to the benef�.ts of the zovisions
of the Civil Service Act of the Cit . No division or de�artment
in the Authorit shall be created � the Authorit without the
at�t�rova.l of the Cit Council. The Au�horit shali �a from its
fund all nension, hos�italization, vacation, sick leave�___and
� ■ � rYr.ar��ri�
other benefit contributions for its emnlo ees in the same
ma.nner as are made bY the City for its em�loYees.
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SECTI�N �1.�i8 Pt)WERS AND JURISDICTION OF THE AUTHORITY
T�he Authority shall have the following �?owers and
duties:
(a) To make all necessary rules and regulations for the
efficient operations of the Authority. All rules and
regulations promulg�ted by the Authority sha.11 recTuire
the an:�rova 1 by the C ity Counc i 1.
(b) To take all necessary and �ro�er action to promote the
tourist industry for the City of Miami Beach, including
but not restricted to, causing ex??ert studies to be made,
x�ramotional programs, the reeommendations and develo�ment
of tourist attractions and r�acilities w�.thin the City of
1�tiami Beach, and to carry out �rograms of in�ormation,
Special Events, Convention S�les and Marketing, and
Advertising designed to attract tourists, visitors and
other interested ?oersons . Provided, hcywever, t'hat no
contr�.ct or agreement for aclvertising servic�s award�d b�r
the Authority shall be valid or effective unless the same
shall h�ve been ma.de nursuant to com�etitive �resentation
in conjunction witl� vi�u�l �resentations oi pro�osed
advertising �ragrams . An_v_�ersan or x�art� ,pro�oosinct
a�articular �necial Event to the Authorit which ro osal
is re 'ected shall have the ri ht to a peal such re 'ection
to�th,�„_e City Council, which may, in its discretion, reverse
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the determination of the Authority, and rec�uire the
production o� such S�ecial Event, unless the rejection
by the Authority was by unanimous vote.
(e) T'he City Council shall have exclusive jurisdiction and
pawer pertaining to the construction and exvansion of
all canital improvementst and the operation and
maintenance of all capital facilities and improvements.
(d) All purchasing contracts shall be in accordance with
procedures reciuired by the ordinances of the City or
by general law. All ?aurchasincr and �urchasina c,ontracts
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s�all be made or entered into onl throu h the Cit and
its Purchasina �ivision.
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{e) To annually Are�are and submit a. Budget for the
ex�enditures of that portion of the "Special Fund"
provided for in Article V'. Section 41.60 or any future
amendme�t thereof, of "The Code of the City of Miami
Beach, Florida", as authorized and fixed by the City
Council. The budqet pre�ar�d and submitted bv the
�r��� ir�w�rr�.��r.�rrrr�r. ��.. � ���rr.�r������iw�..���
Authoxit to the Cit Couneil shail s ecif with
articularit the e nditures antici ated and ro sed
to be made b the Authorit and no bud eta rovis'ans
shall be made in broad or all-inclusive terms and s id
p,ro„posed budqet�sh _a_ll be in _ onfo ;,,mity wi, th the
re irements for a"line-b -line" bud et. Commencin
October 1 1967, manies collected after said October
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l, 1967 and placed in said "Special Fund" shall be
pro-rated, alloca�ed and agpropriated for the Authority
as fo3.laws s
(1) If the annual fund cailected does not
exceed $2,500,000.04 then not less than
25� of such fund is hereby allocated to
the Authority.
�2) If t�e annual fund collected exceeds
$2,500,�00.00 but does not exceed
$3, 000, 000.00, then not less than 40�'�
of the total sum collected is hereby
allocated to tl�e Authority.
(3) If the annual fund collerted exceeds
$3, 000, 000.00 aisd amounts to $,3 0��,_001.00,
.but do„�,�es„_,not exeeed $3: OSQ,i000 00�_then not
1,e�Ss_�han 4 of the tota�„ su„_,_,,,m collec� ed
is herebv allocated to the Authoritv.
���..��� ■ r r�rrri ��.^�. � ri �.w. �n.���
(4 � If the annual fund collected exceeds
S 3 j O50 � 000. 00 then not less than 50�°� of
�� II ��/ ��1��� i�r�� r�i _ _
the total sum collected is herebv allocated
_________._. ._._..._.�.._._,..._.�.�__..__�_.�.._..�.._ ,_......_..._.
to the Authoritv.
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(f) Any applicable percentaqe allocation of Spe�ial F'unds
to the Authority as herein detailed shall apply to
the total net "Special �'und" receipts in any qiven
period.
(g� To take all action which shall be necessary and proper
for carrying into execution the foregoing pawers and
all other pawers vested in the Authority by law.
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(h � xhe provi s ions of the "Conf lic�t vf �-In�a�rest Ordinance "
of th� eity of P2iami Beach, shall be considered a ps�rt
of this ordinance.
�ECTION 41.69 BUDGET AND EXPENDITURE OF FUNDS
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�'he Authority shall not have the �ower to expend
funds or obligate the City for any amount in excess of that
provided for in the current Budget of the Au�hority. Annually,
on or before July lsto the Authority shall pre�are and submit
to the City Council a Budqet accurately itemizing all
estim�ted revenue and ex�enses for the succeed�ng fiscal year
beginning October lst. The Authority shall not ex�end or
incur ariy li�bility which is not a.uthorized or �provided for
in its current Hudget, o� any amendment ther�:to apnroved by
the City Council. Al1 ex�enditures made by fi.he Authorit�
within its current Budget�shall be �aid out by voucher and
warrant as in the c�se of other munici�a�_ ex�eMses, �nrovided,
however, it is �aid out only irom the "S�ecial �'und": T�e
Authority ghall o�erate wi.thin and be bound by the Budget as
approved by the City Council.
SEC�ION �-1. 7� 1�ETHOD OF RE PEAL
T�his ordinance may be amended, su�plemented or
changec3 only by a four-fifths (4�%5) vote of the Authority
to wit 6 0� the 7 members nlus a five-sevenths (5/7� vote
of the City Council.
This ordinance may be otherwise amended or repealed
only a�ter the City Council has held a�ublic hearing for
the �onsideration thereof, following at least ti�teen (l5)
days notice published in a newa���er of ge�e�cal circulation
in the City. Any ordinance repe�ling this ordinance, or
any provision hereaf pertaining to the powers of the Authority,
as enumerated in Section 41.68 hereof, shall not be effcective
unless such mea►sure shall have bee.r� ap�roved by the electorate
in accordance with the ��ravision of the City's Charter
�ertaining to referendum elections.
SECTi41V Q1�71 BaNDING OF AUTHORITY
T�he Authority shall rectuire and �rovide that its
emplayees be covered by a proper surety �idelity bond, in
amounts �o be fixed a.nd determined by the Authority, said
bond to be av�roved by tl�e City 1�tt4rnsy.
.SECTION Z: A11 ordinances or parts of ordinances in
conflict herewith be and the same are h�reby
re�ealed.
5ECTION 30
Tha.t this ordina.nce shall go into effect
immediately upon its �aassage and �osting as
required by law.
PASSED an►d A:�4PTED this _ t�t�day of _,_,5,�,�s�,�„r__r___,1968 .
ATTEST:
City Clerk and Finance Director
lst reading - August 21, 1968
� 2nd reading - August 21, 1968 _5_
���: __ _ _ �_
Ma yo r
3rd reading - September 4, 1968
POSTED - September 5, 1968
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STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. RpULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1707 entitled:
AN ORDINANCE AMENDING CHAPTER 41 OF "THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA" BY ADDING A NEW ARTICLE THERETO, IMMEDIATELY FOLLOW-
ING ARTICLE V OF SAID CHAPTER, TO BE ENTITLED "ARTICLE VI - AN
ORDINANCE CREATING THE TOURIST DEVELOPMENT AUTHORITY OF THE CITY
OF MIAMI BEACH, FLORIDA, AND ESTABLISHING THE MEMBERSHIP, DUTIES
AND POWERS OF SUCH AUTHORITY."
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hali in said City on the 5th day of September, 1968
�� and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 9th day of October, 1968.
City Clerk and Finance Director
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