Ordinance 85-2457 ORDINANCE NO. 85-2457
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 41 ARTICLE 7 OF
THE CITY CODE PROVIDING FOR AN AMENDED
PURPOSE OF THE TOURIST AND CONVENTION CENTER
EXPANSION AUTHORITY, INCREASING THE NUMBER
OF THE AUTHORITYS VOTING MEMBERS AND EX-
OFFICIO MEMBERS; DESIGNATING THE REQUISITE
NUMBER OF MEMBERS TO CONSTITUTE A QUORUM;
PROVIDING FOR ADDITIONAL POWERS, PURPOSES
AND DUTIES OF THE AUTHORITY; CONTAINING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1. Article VII of Chapter 41 of the Code
of the City of Miami Beach, Florida, is hereby amended as fol-
lows:
ARTICLE VII
TOURIST AND CONVENTION CENTER EXPANSION AUTHORITY
Sec. 41-72. Authority Created
There is hereby created and established pursuant
to §212.057 , Fla. Stat. , an authority and
instrumentality of the City of Miami Beach to be known
as the Miami Beach Tourist and Convention Center
Expansion Authority (hereinafter "Authority" ) .
Sec. 41-73. Purpose of Authority
The Authority shall be reepenslble far adminis-
tering and disbursing the preeeeds e€ the Eetnty een-
ventlen Bevelepment Pax- The Authority shall have the
sole power to approve the concept, location, program
and design of the convention center expansion and
improvements therein and to administer and disburse
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the proceeds of the County convention development tax
and any other related source of revenue.
Sec. 41-74. Governing Body
(a) Composition. The Authority shall consist of
seven -f7} eleven (11) voting members; to be appelnted
by the Glty Gemm4ss}en; each Commissioner and the
Mayor shall appoint one (1) member and four (4)
members to be appointed at-large. Addltlenally; tThe
City Manager of the City of Miami Beach, Mayors of
Dade County, Surfside, and Bal Harbour , shall be non-
voting ex officio members. The Authority may appoint,
by a majority vote, non-voting ex officio member (s) to
assist them in fulfilling their defined purposes.
(b) Qualifications. Each member of the Author-
ity shall be a duly qualified elector of Dade County
and shall be of outstanding reputation for integrity,
responsibility, and commitment to serving the commu-
nity. Members shall be selected from lndl,alduals
asseelated with the tourist and hospitality industries
whleh epetate sueh a doing business within the City of
Miami Beach. Before entering upon the duties of
office, each voting member on the Authority shall take
the prescribed oath of office. Members of the
Authority shall serve without compensation but shall
be entitled to reimbursement, to the extent permitted
by law, for necessary expenses incurred in the
discharge of their duties.
(c) Appointment and Term of Members; Filling Va-
cancies. The members of the Authority shall be ap-
pointed by the City Commission. The Mayor and each
City Commissioner shall appoint one member to the
Authority and the City Commission shall appoint four
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(4) members at-large. The initial appointment of
members at-large shall be for a term beginning on the
date of their appointment and ending at the conclusion
of the existing members term. All members shall be
subsequently appointed for a term of two (2) years and
such terms shall run concurrently. No two (2) members
shall be connected or have any financial ties with the
same business entity. Vacancies eeesrr€ag shall be
filled by appointment of the City Commission, Mayor or
Commissioner for the unexpired period in the same
manner as the original appointment for which the
vacancy exists. Members shall serve until the
expiration of their ' terms or until a successor is
appointed. Any vaeaney eeesrr€sg during the term e€
any member €feM whatsoever eause; shall be filled by
the El€y Eemmisslee{er}- Non-voting ex officio
members, other than those expressly enumerated in
subsection "a" above, shall be appointed by a majority
vote of the Authority. Non-voting ex officio members
may be appointed for a term not to exceed the term of
the Authority members.
(d) Removal of Members. The voting members
shall serve at the pleasure of the City Commission.
Any member of the Authority may be removed from office
by four-sevenths vote of the City Commission. A
voting member shall be removed if he or she fails to
attend three (3) consecutive meetings. With the
exception of ex officio members set forth in
subsection "a" above, non-voting ex officio member (s)
shall serve at the pleasure of the Authority. Any
non-voting ex officio member of the Authority, with
the exception of the enumerated ex officio members set
forth in subsection "a" above, may be removed from
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office by a majority vote of the members which shall
in any event be no less than four (4) members.
(e) Quorum. A quorum shall be a majority of all
appointed members in good standing but shall be no
less than four (4) members . A member shall be in good
standing if he or she has not missed three (3)
consecutive meetings. A majority of the quorum is
empowered to exercise all the rights and perform all
the duties of the Authority and no vacancy in the
Authority shall impair the right of the quorum to act.
(f) -e* Organization; Powers and Duties ef the Au-
therity- The Authority shall designate a seefetafy
whe shall be a voting member ef the Authority- The
Chairperson and Vice-Chairperson shall be elected by
the Authority from its members . The Chairperson and
Vice-Chairperson shall serve for a period of two (2)
years and must be members of the Authority. The
Authority shall designate a secretary who shall be a
voting member of the Authority. The Executive
Director for the Authority shall be the Budget
Director for the City of Miami Beach or some other
designee of the City Manager from his or her Office.
The Executive Director shall have general charge of
the work of the Authority and shall direct the en-
forcement of all policies and directives of the Au-
thority. The Director shall maintain and keep the
records of the Authority and shall be responsible for
causing minutes of all Authority meetings to be re-
corded, transcribed and maintained .
Deur f4} members of the Authority shall eensti-
tute a quorum- A majority of the quorum is empowered
to exeeeise all the rights and perform all the duties
of the Authority and se vaeaaey in the Authority shall
impair the fight of the quorum to aet7
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The Autherity shall held at least ene }} meeting
every three f 3} menths and may held sueh ether
meetings as it seems neeessary- All meetings ef the
Autherity shall be publie and written minutes ef the
preeeedings thereef shall be maintained by the Auther-
ity- All aetiens taken at the meetings ef the Auther-
ity shall be promptly and preperly reeerded- The ef-
fieial €4ty pelieies relating te the attendanee ef
regular beard meetings shall be applieable te members
ef the Autherity-
(g) Meetings . The Authority shall hold at least
one (1) meeting every three (3) months and may hold
such other meetings' as it deems necessary. All
meetings of the Authority shall be public and written
minutes of the proceedings thereof shall be maintained
by the Authority. All actions taken at the meetings
of the Authority shall be promptly and properly
recorded. The official City policies relating to the
attendance of regular board meetings shall be
applicable to members of the Authority.
Sec. 41-75. Powers, Purposes and Duties of the Authority
(a) Powers. The Authority shall have the sole
power to approve the concept, location, program and
design of the expansion, extension, enlargement and
improvement of the Miami Beach Convention Center and
the sole power to administer and disburse proceeds of
the Convention Development Tax, as prescribed by
§212. 057, Fla. Stat. , and any other related source of
revenue to extend, expand, enlarge and improve the
Miami Beach Convention Center . The Authority does not
have the power to contract with any person or
corporation, nor pledge the revenue generated from the
Convention Development Tax as collateral.
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(b) Processing Proposals. The City Manager shall
appoint a technical review committee which will
shortlist all proposals received and submit the same
to the Authority. The Anther}ty may advise and make
reeemmendatfens to the €fty Manager and Efty
Eemmfssfen as to the extensien7 enlargement and
fmprevements to the Eesventfen eentet-
(c) Ranking Proposals. The Authority shall rank
order any and all bids in the furtherance of
expansion, extension, enlargement and improvement of
the Convention Center and submit such ranking to the
City Commission.
-e* The Authority lees set have the peweE to
eentraet with any persen er eefperatfes; ser pledge
the revenue generated ffem the eenvent}es Bevefegment
Tam as eellateral-
(d) Negotiating Process. The Authority shall
appoint a member (s) to participate with the City
Manager ' s appointed representatives in the negotiation
process in the awarding of any bid concerning the
expansion, extension, enlargement and improvement of
the Miami Beach Convention Center .
(e) Contract Approval. The Authority shall
review all proposed negotiated contracts for the
expansion, extension, enlargement and improvements to
the Miami Beach Convention Center and make
recommendations to the City Commission. Upon
reviewing the recommendation of the Authority, the
Miami Beach City Commission shall approve or
disapprove the proposed negotiated contract. In the
event that the Authority does not make a
recommendation within thirty (30) days of the date any
negotiated contract is completed in written form, the
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City Commission may approve or disapprove the
negotiated contract without the Authorities
recommendation. In the event that the City Commission
does not approve a proposed negotiated contract, such
contract may be negotiated further by the City
Manager ' s technical team and an Authority
representative (s) . In the event that the City
Commission does not agree to the final negotiated
contract, the negotiation team shall begin
negotiations with the next ranked bidder .
(f) Budget. The Authority shall submit its
budget and the budget for the expansion, extension,
enlargement and improvement to the Miami Beach
Convention Center to the Office of Management and
Budget each fiscal year for the period between October
1st and September 30th. The Office of Management and
Budget shall provide the Autority with remarks
concerning its budget. The Authority' s budget must be
approved by the City Commission through its normal
budget process.
Sec. 41-76. Rules and Regulations
The members of the Authority and/or the City Man-
ager may promulgate rules, regulations, and guidelines
for the Authority' s governance and operation. All
rules, regulations and guidelines must be approved by
the City Commission prior to their implementation.
Sec. 41-77. Annual Report and Audit
The Authority shall submit to the City Commission
an annual report and an annual audit. The audit shall
be performed by an internal auditor of the City.
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Sec. 41-78 . Tax Revenues
(a) As prescribed by the Ordinance of Dade
County, Florida, imposing the tax authorized under
§212. 057, Fla. Stat. , the person receiving the consid-
eration for such rental or lease shall receive, ac-
count for, and remit the tax to the State of Florida,
Department of Revenue at the time and in the manner
provided for persons who collect and remit taxes under
§212. 03, Fla. Stat. The same duties and privileges
imposed by Chapter 212, Fla. Stat. , upon dealers '
intangible property respecting the remission and col-
lection of tax, the making of returns, the keeping of
books, records and accounts, and compliance with the
rules of the Florida Department of Revenue in the ad-
ministration of said chapter shall apply to and be
binding upon all persons who are subject to the provi-
sions of §212.057 Fla. Stat. ; provided, however , the
Department of Revenue may authorize a quarterly return
and payment when the tax remitted by the person re-
ceiving the consideration for such rental or lease for
the preceeding quarter did not exceed twenty-five dol-
lars.
(b) Collections received by the Department of
Revenue from the tax, less costs of Administration of
§212. 057 Fla. Stat. , and paid and returned, on a
monthly basis, to the Clerk of the Board of County
Commissioners of Dade County, Florida, shall be avail-
able by the Authority in accordance with the provi-
sions of §212. 057 Fla. Stat.
Sec. 41-79. Counsel
The City Attorney' s Office shall provide legal
services to the Authority as may be necessary and
requested by the Authority.
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Section 2 . It is the intention of the City
Commission, and it is hereby ordained that the provisions of this
amended Ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this amended
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; All ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 4 : If any section, part of section,
paragraph, clause, phrase, or word of this amended Ordinance is
declared invalid, the remaining provisions of this amended
Ordinance shall not be affected.
Section 5: This Ordinance shall take effect 10
days after its adoption, on February 2 , 1985 .
PASSED and ADOPTED this 23rd day of
January , 1985 .
MAYOR
ATTEST:
CITY CLERK
AMW/CK/rg
1st Reading - December 19, 1984
2nd Reading - January 23, 1985
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