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Ordinance 98-3134 • 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 citizens of the Unitcd 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 5/7ths 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. AT S n MAYOR (LA1,14 talttUA APPROVED AS TO CITY CLERK FORM & LANGUAGE & FOR EXECUTION F:\ATTO AGUR\RESOS\VCAREV.ORD 1st reading 6/17/98 �,� x/ 2nd reading 7/15/98 2 "/�/7 '(,� � 0794 City . -Y =` Date ; ITY OF MIAMI BEACH TY HALL 1700 CONVENTION CENTER CR1VE MIAMI ?EACH,FLORIDA.33139 /11:11/ 'p:l',ci.miarni-beacr.tl.us COMMISSION MEMORANDUM NO. � � J TO: Mayor Neisen O. Kasdin and DATE: July 15, 1998 Members of the City C .•ission FROM: Sergio Rodriguez City Manager �� SUBJECT: AN ORD . AN E 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. ADMINISTRATION RECOMMENDATION: 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 Miami-Dade County. ANALYSIS: • The City of Miami 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. CONCLUSION: The City Administration 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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