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Ordinance 1779_ . .. . � . . _. .__ . - 'f : ; ..� .- « . . . . ' � . 1 � . . , , � . . ' pRDtNANCE N0, 1779 , , . ,' , . � •• , w � . AN ORQIN�NCE ABOLISHiNG THE �RESENTLY EX I5�'ING F iVE MEMBER TOUR IST DEVEL4PMENT � UTHOR ITY r�ND CREAT 1�1G � NEW M IAM 1 BEACH T4UR IST QEVELO�MENT �'UTHOR ITY 4AV ING � MEMBERS HIP OF SEVEN MEMBERS ANQ SETTING FORi'H THE AUTHOR I T t ES , R I GHTS ,�OtiJERS , �ND OUT I E� OF SA i D NEW M tAM t BEACN TOUR i5T DEVELO�'MENT �UTH4RITY. BE IT ORdAlNED B'�' TNE C ITY COUNC IL OF THE C ITY OF MIAMI BEACli, FLOR IDA: SECTION 1: That the presently existing Tourist Development Authority, as presently consfiituted, heretofore organi�ed and established pursuant to Ordinance No. 1652 be and the same is hereby abolished. SECTION 2: There is hereby created and estabiished a new Tourist Development Authority to be known as the Miam+ Beach Tourist development Authority, hereinafter referred to as the "Authority". SECTION 3: The Authority shall consist of seve� (7) members, who shall be citizens of the United States, permanent residents of Dade County, Florida, and who have outstanding reputations for civic pride, interest, integrity, respo�s+biliry and business ability within the Gity of Miami Beach, Florida. Members of the �luthority and any and all employees of the Authority shall not hold any other elective or appointive public office and shall be prohibited from voting o� any matter they may be, directly or indirectly, financially interested in the profits or emoluments of any contract, work or service for the CiCy or the Authority, and shall not hoid any elective or appointive public office or become a candidate for election to any public office, or take part in any City of Miami Beach political campaign involving candidates for office except to exercise their rights as ¢�ittzens privately to express their opinions and cast their votes. Any member of the Authority, or any employee :►�ereof, who announces his candidacy for public office shall be deemed to have vacated his office or position forthwith. The seven (7) members of the Authority shall be representative of the community as follows: Not less than two (2} nor more th�n three (3} members shall be represent2tive of the hotel industry; a�d the remaining members, none of whom shall be representative of the hotel industry, shall represenfi the community at large. Any member of the Puthority or employee thereof violating or failing to comply with the provisions of this Ordinance shall be deemed to have vacated his office or position. SECTIOtd 4: The members of the Aufihority shall be appointed by a majority vote '' of the Ci�y Council in the following manner: Initially, four (4) members shall be appointed for a period of two {2} years, and three (3) members shall be appointed for a period of one (1� year. A�1 subsequent appoi�fiments excepC f or f i 1 1 i ng vacanc i es , sha 11 be fo r a pe r i od of two (2 ) yea rs . No fiwo members shall be connected or have any financial ties with the same business entity, and no two origina� appointees having an appointment for the same period of years shall come from the same business ctassification. Vacancies occurring shali be filied by appointment of the.City Council for the unexpired period, in the same manner as the original appointment. Members shall serve until the expiration of their terms or untit a successor is appointed. Any vacancy occurring during the term of any member from whatsoever cause, shall be filled by the City Coun�il., 5 ECT t aN 5: Any membe r of the �uthor i ty may be removed f rom of f i ce by fou r- sevenths (4/7) vote of the C i ty Counc i 1 for mal feasance, mi sfeasance, or nonfeasance in office, upon specific charges filed with the City Council. However, before a member may be removed, he must be served with a copy of the charges filed againsfi him at least ten (10} days before action thereon by the City Co:��lcil and given an opportunity to be heard in person, or by counsel, at a public hearing, if requested in writing. Such member, if removed by the City Council, may have the action of the Council reviewed by proper court action. � � . - ,• . , .� , � . . . . • . •' . . . � . �spon proper showi ng before the C i ty Counc i 1 that a member of the 1�uChor i ty has failed to attend, without good cause, as many as one-fourCh (1/4) of the meetings of the Authority during any six (6) month period, such member shail be subje�t to removal from his office as a member of the Authority. SECT I ON 6: As soon af ter appo i ntment of the �luthor i ty as may conven i ent 1 y be done, the City Council shall call the first meeting of the Authority, for the purpose of its organization. The Authority shall select from its membership, from time to time, a Chair+nan and a Vice-Chairman, who shall serve for a period of two years. The Chairman and Vice-Chairman shall be representa- tive of different industries, classifications ar categories. The �uthority sha{1 employ a Director, and may appoint an Assistant Director, neither of whom shall be members of the Authority, and each of whom shalt serve at �he pleasure of the Authority. The Director shall have generai charge of the work of the Author i ty, and shai 1 d i rect the enforcement of al l po1 i c i es and directives established by the Authority. The Director shall be a person of recognized abiiity and experience. Such Cirector shalt maintain and keep the records of the Authority and shall be responsibte for causing minutes of all Authority meetings to be recorded, transcribed and maintained, subject to the supervision and control of the f�uthority, and said minutes shatl be public record. The appointment of the DirecCor sha11 be ma�de by the Authority within n i nety (90) days f rom i ts f i rst meet i ng, and wi th i n ni nety (90) days af ter the position becomes vacant, otherwise he shall be appointed by the City Coun�il. The Dire�tor shall have administrative management of the property and facilities of the Authority and the employees thereof, and shall perform such other duties as may be prescribed from time to time by fihe AuChority, in accordance with budgetary provision therefor. The Miami Bea�h Tourist Qevelopment Authaivi�y shall conduct its meetings at least once a month and due pubiic notice of the hotding of such meetings shall be given. Within budget limitations, as set forth in an appropriate budget document, the Director may appoint or employ such employees as may be necessary for the proper performance of the duties and functions and the efficient operation of the Authority and the work within its jurisdiction, subject to the approval of the Tourist Development Authority. All persons employed by the Director shall enter the employ of tf�e �uthority in accordance with the statutes, requiremenfis and procedures utilized by the Cizy in the empioyment of its personnel. �111 employees of fihe Authority entering the service of the Authority in the manner hereby prescribed shall be entitled to become members of the Pension Fund created and maintained by the City of its general employees, and the employees of the Authority holding positions similar or analagous to those in the City's Classified Service sh�ll be entitled to all benefits, including sick leave, compensatory time, vacations and hospitalizatian insurance, which are enjoyed by the employee� of"'the City. The employees of�the Tourist Development Authority shatl not be deemed fio have Civil Service status, provided, however, that a�y employee having Civil Service status and who is transferred to the Authority, shall continue to possess such Civi1 Service Status. No division or department in th� Authority shall be c reated by the Authority wifihout approvai of the City Council. The Authority shalt pay from its fund alt pensian, hospitaliZation, vacation, sick leave, and other benefit contributions for its employees in the same manner as are made by the City ��r its employees. SECTION 7: The Authar+ty shall have the following powers and duties: (a) To make ail necessary rules and regulations for the efficient operations of the Authority in conformance with all applicable law. (b) To fiake alt necessary and proper action to promote the tourist industry for the City of Miami Beach ,including but not restricted to, causing expert studies to be made, promotional programs, the recommendations and development of tourist attractions and facilities within the City of Miami Bea�h, and to carry out programs of information, special events, convention sales and marketing, and advertising designed to attract tourists, visitors � and other interested persons. Provided, however, that no contract or agreement for advertising services awarded by the Authority shall be valid or effective unless the same shall have been made pursuant to competitive -2- . :r;�:-: . , . � � l � y • • . • , , presentation in conjunction wtth visual prescntetipn of �ropased advertising programs. �4ny special event such as Miss Universe, production of which has heretofore been approved or sponsored, in whoie or in part, by the City Council prior to the creation of this �uthority, shall continue fio be approved, sanctioned, and sponsored by the �uthority, provided, however, thafi �he rej ect i on thereof for good cause i n the j udgment of the Author i ty shall be subject to the approvai of the City Council, (c) The City Coun�il shall have exclusive jurisdiction and power pertaining to the construction and expansion of all capital improvements, and . the operation and maintenance of all capital f acilities and improvements. (d) �111 purchasing contracts shatl be in accordance with procedures required by the ordinances of the City or by general law. �li purchasing and purchasing contracts shatl be made or entered into only through the City a�d its Purchasing Division. (e) To annualiy prepare and submit a budget for the expenditures of that portion of the "Special Fund" provided for in Article V, Section 41.60 or any f uture amendment thereof , of "i'he Code of the C i ty of M i ami Beach, Florida", as authorized and fixed by the City Council. The budget prepared and submitted by fihe Authority to the City Council shail specify with particularity the expenditures anticipated and proposed to be made by the �ufihority, and no budgefiary provisions shail be made in broad or all•inclusive terms, and said proposed budget shalt be in conformity with the requirements for a"tine-by-line" budget. Commencing October 1, 1969, monies collected after said October 1, 1969, and placed in said "Speciai Fund'° shail be pro-rated, allocated and appropriated for the Authority as follows; Authority as in any given (1) If the annual fund collected does not exceed $2,500,040.0(?, rhen nofi less than 25% of such f und is hereby ailocated to ��7e A�����ority. {1) (f the annual fund collected exceeds $2,500,000.00, but does not exceed $3,000,000.00, then not less than 40°0 of the total sum collected is hereby allocated to the Aufihor i ty. (3) If the annual fund collected exceeds $3,000,000.00 and amoun�s to $3,000,00�.00, but does not exceed $3,050,000.00, then not less fihan 45% of the total sum collected is hereby allo�ated to the Authorifiy. (4) If the annual fund collected exceeds $3,�50,000.00, then not less than 50% of the total sum coliected is hereby ailocated to the Authority. (f) Any applicable percentage allocation of Special Funds to the herein detailed sha11 apply to the total net �peciai Fund receipts period. (g� The City Finance Oirector shall be responsible for making such debits and cred�ts between the City and the Miami Beach Tourist Development Authority with reference to any disbursements or distributions made between October 1, 1969 and the effective date of this Ordinance as to achieve the percentages hereinabove set forth. (h) To take all action which shail be necessary and proper for carrying into execution the foregoing powers and all other powers vested in fihe Authority by law. ( i} The prov i s i ons of the "Conf i i ct af I nterest O rd i nance" of the City of Miami Beach shall be considered a parC of this ordinance. � 3 r I 1 � Y . r r 1 c • ` � .. � . • � 1 1 � ' � ' � '� + 1 • .. • ` � � � SECTION 8: The Authority shall not have the power to expend funds or obligate '; the City for any amount in excess of that provided for in the current budget of the Authority. Annually, on or before August 1, the Authority shall prepare and submit to the City Council a budget accurately itemizing all estimated revenue and expenses for the succe�ding fiscal year beginning October lst. The Authority shall not expend funds or incur any liability which is not authorized or provided for in its current budget, or any amendment thereto approved by the City Council. Al1 expenditures made by the Authority within its current budget shall be paid out by voucher and warrant as in the case of other mun�cipal expenses, provided, however, it is paid out only from the''Special Fund." The Authority shall operate within and be bound by the budget as approved by the City Council. SECTION 9: This ordinance may be amended, supplemented or changed only by an af f i rmat i ve vote of a ma j o r i ty of the membe rs of the Autho r i ty, 9 i n add i t i on to the af f i rmat i ve vote of a ma j o r i ty of t he membe rs of the C i ty Counc i 1, o r by a refe rendum el ect i on by the voters of the C i ty of M i am i Beach, in accordance with the provisions of Chapter 67-930, Laws of Florida, 1967. SECTION 10: The Authority shall require and provide that its employees be covered by a proper surety f idel i ty bond, i n amounts to be f ixed and determined by the Authority, said bond to be approved by the City Attorney. � SECTION 11: The provisions of this ordinance shall become op erative and effective when this ordinance shall be ratified and approved by a majority of the qualified electors voting in a referendum election to be held in the City of Miami Beach under applicable provisions of law and pursuant to Chapter 26 of "The Code of the City of Miami Beach, Florida". SECTION 12: Al1 ordinances or parts of ordinances in conflict herewith be and the same a re he reby repea 1 ed . PASSED AND ADOPTED this 17th day of September, 1969. yo r � Attest: ity C1erk�Finance Director (SEAL) lst reading - August 20, 196g 2nd reading - August 20, 1969 3rd reading - September 17, 1969 POSTED - September 26, 1g69 -4- . . _.._ e. Y � . ,. , , • ^, Z � . �� .. -. STATE OF FLORIDA COUNTY OF DADE: � � , . . , � � L � - . , I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1779 entitled; AN ORDINANCE ABOLISHING THE PRESENTLY EXISTING FIVE MEMBER TOURIST DEVELOPMENT AUTHORITY AND CREATING A NEW MIAMI BEACH TOURIST DEVELOPMENT AUTHORITY HAVING A MEMBERSHIP OF SEVEN MEMBERS AND SETTI NG FORTH THE AUTHORITI ES, RI GHTS, PO�IERS, AND DUTIES OF SAID NEW MIAMI BEACH TOURtST DEVELOPMENT 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 Hall in said City on the 26th day of September, 1969 and that said Ordinance remained pasted 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 5th day of November, 1g69. City Clerk and Finance Director . o . , � . ,- - ' , • . , , , , � . .� . . . . I � O v � � o O — I - D �Z �� _, m a � ,�i c.o z ' � O �n • ,S i o � -� �v m � — � � c� � �o — m z -S D r --I ` o a D � O D � ' o + ; . I i� I _ .