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Ordinance 90-2701 Ordinance No. 90-2701 ORDINANCE CREATING CHAPTER 15A OF THE CODE OF THE CITY OF MIAMI BEACH, TO BE ENTITLED "CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY" ; ESTABLISHING THE CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY; FINDING • AND DECLARING THE NEED THEREFOR; PROVIDING DEFINITIONS; DESIGNATING MEMBERSHIP; PRO- VIDING RESPONSIBILITIES AND POWERS ; PRO- VIDING FOR THE FINANCING AND CONSTRUCTION OF HEALTH FACILITIES ; PROVIDING FOR THE ISSUANCE OF REVENUE BONDS AND REFUNDING BONDS ; PROVIDING TAX EXEMPTIONS ; PROVIDING SEVERABILITY; AND PROVIDING RELATED MATTERS AND AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission") of the City of Miami Beach, Florida (the "City") , has determined that, for the benefit of the people of the City, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions, it is essential that the people of the City have access to adequate medical care and health facilities and that it is essential that health facilities within the City be provided with appropriate additional means to assist in the development, improvement and maintenance of the public health; and WHEREAS, a Health Facilities Authority would provide addi- tional means to assist in the development and maintenance of the City' s health facilities; and WHEREAS, Section 154 . 207, Florida Statutes, authorizes the City to create a public body to insure that the people of the City have access to adequate medical care and health facilities; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Declaration of Need. The Commission hereby finds and declares that there is a need for a City of Miami Beach Health Facilities Authority to function in the City of Miami Beach, Florida so as to assist in the development and maintenance of the health facilities located in the City of Miami Beach, Florida. r Section 2 . Definitions. The following terms, whenever used in this Ordinance, shall have the following meanings unless a different meaning clearly appears from the context: (a) "Areawide Council" means the Health Council of South Florida, Inc. , or if no longer in existence, any successor advisory comprehensive health planning council, as described and approved under all pertinent federal and state laws and rules and regulations. (b) "Authority" means the City of Miami Beach Health Facilities Authority created by this Ordinance. (c) "Bonds" or "revenue bonds" mean revenue bonds and revenue refunding bonds of the Authority issued under the provisions of this Ordinance and State law, including without limitation Chapter 154 , Part III and Chapter 159 , Part II, Florida Statutes, as the same may be amended from time to time, notwith- standing that such bonds may be secured by a mortgage or the full faith and credit of a health facility. (d) "Certificate of Need" means a written advisory statement issued by the State Department of Health and Rehabilitative Services, having as its basis a written advisory statement issued by the Areawide Council, and if no such council is in existence, by the Department of Health and Rehabilitative Services, evidencing community need for a new, converted, expanded, or otherwise significantly modified health facility. (e) ',City', shall mean the City of Miami Beach, Florida. (f) "Commission" shall mean and refer to the City Commission of the City. (g) "Cost" as applied to a project or any portion thereof financed under the provisions of this Ordinance, embraces: (1) All or any part of the cost of construction and acquisition of all real property, lands, structures, real or personal property rights, rights-of-way, franchises, easements, and interests acquired or used for a project. - 2 - (2) The cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be removed. (3) The cost of all machinery and equipment. (4) Financing charges and interest prior to, during, and for a reasonable period after, completion of such construction. (5) Provisions for reserves for principal and interest and for extensions, enlargements, additions, and improvements. (6) The cost of engineering, appraisal, architec- tural, accounting, financial, and legal services. (7) The cost of plans, specifications, studies, surveys, and estimates of cost and revenues. (8) Administrative expenses, including expenses necessary or incident to determining the feasibility or practic- ability of constructing the project. (9) Such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition, and the placing of the project in operation and such other items which qualify as "costs" under State law from time to time. (h) "Health facility" means any private corporation organized as either not for profit or for profit and authorized by law to provide hospital or nursing care services in accordance with Chapter 395 or Chapter 400, Florida Statutes, or life care services in accordance with Chapter 651, Florida Statutes, and also includes facilities licensed under Chapters 393 and 394 , Florida Statutes, "health care facility" as defined in Section 159. 27 (16) , Florida Statutes, and any other facilities which under State law, the Authority may provide assistance to, in each case as such provisions of State law may be amended from time to time. (i) "Project" means any structure, facility, machinery, equipment or other property suitable for use by a health facility in connection with its operations or proposed operations, including without limitation: (1) real property therefor; - 3 - • (2) a clinic, computer facility, dining hall , fire fighting facility, fire prevention facility, food service and preparation facility, health-care facility, long term care facility, hospital, interns ' residence, laboratory, laundry, maintenance facility, nurses ' residence, nursing home, nursing school, office, parking area, pharmacy, recreational facility, research facility, storage facility, utility or x-ray facility, or any combination of the foregoing; and (3) other structures or facilities related thereto or required or useful for health care purposes, the conduct of research or the operation of a health facility, including facilities or structures essential or convenient for the orderly conduct of the health facility and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended; but shall not include such items as fuel, supplies or other items which are customarily deemed to result in a current operating charge. (j ) "Real property" means and includes all lands, buildings, structures, improvements and fixtures thereon; any property of any nature appurtenant thereto or used in connection therewith; and every estate, interest and right, legal or equitable, thereon, including any such interest for a term of years. (k) "State" means the State of Florida. - Section 3 . Creation of City of Miami Beach Health Facilities Authority and Membership. (a) Creation. The City of Miami Beach Health Facilities Authority is hereby created and established and in accordance with Section 154 . 207 , Florida Statutes, is constituted a public instru- mentality. The exercise by the Authority of the powers conferred by State law shall be deemed and held to be the performance of an essential public function. (b) Members; Terms of Office; Advisor. The Authority shall, unless otherwise provided by State law, be composed of five voting members consisting of two (2) health providers, one (1) investment banker, one (1) accountant and one (1) attorney. Members shall be residents of the City appointed by the Commission - 4 - • for terms of four years; provided that of the first members appointed, the Commission shall designate one member to serve for one year, one member to serve for two years, one member to serve for three years and two members to serve for four years. Thereafter all appointments by the Commission, except appointments to fill vacancies, shall be for a term of four years. Vacancies during a term shall be filled for the unexpired term by the Commission. A member of the Authority shall be eligible for reappointment. Any member of the Authority may be removed by the Commission for misfeasance, malfeasance, willful neglect of duty or such other good cause as shall be determined by the Commission. In addition, the Chairman of the City of Miami Beach Health Advisory Board shall serve as a non-voting advisor to the Authority. (c) Responsibilities of Member. Each member of the Author- ity, before entering upon his duties, shall take and subscribe the oath or affirmation required by the State Constitution. A record of each oath shall be filed in the Department of State and with the Clerk of the City. The members of the Authority shall receive no compensation for the performance of their duties hereunder, but each member shall be paid necessary expenses incurred while engaged in the performance of such duties. Service as a member of the Authority by a trustee, director, officer, or employee of a health facility shall not, in and of itself, constitute a conflict of interest. However, any member of the Authority who is employed by, or receives income from, a health facility under consideration by the Authority shall not vote on any matter related to such facil- ity. Members of the Authority shall comply with the provisions of Section 286. 012 , Florida Statutes, relating to voting, and of Sections 112 . 311 through 112 . 3175 , Florida Statutes relating to financial disclosure, in each case as said provisions of State law may be amended from time to time. (d) Organization and Meetings of the Authority. The Authority at its initial meeting, and annually thereafter, shall elect one of its members as Chairman and one as Vice Chairman. Three members of the Authority shall constitute a quorum, and the affirmative vote of a majority of the members present shall be - 5 - necessary for any action taken by the Authority. No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and to perform all the duties of the Authority. Any action taken by the Authority under the provisions of this Ordinance may be authorized at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. All meetings of the Authority, as well as records, books, documents and papers shall be open and available to the public in accordance with Section 286. 011, Florida Statutes, as the same may be amended from time to time. Section 4 . Powers and Duties of the Authority. The purpose of the Authority shall be to assist health faci- lities in the acquisition, construction, financing, and refinancing of projects in the City. FOr this purpose, the Authority shall have all the powers conferred by State law, including but not limited to those powers conferred under Chapter 154 , Part III , and Chapter 159 , Part II , Florida Statutes, all of which provisions of State law are incorporated herein by reference, as the same shall be amended from time to time. These powers shall include but not be limited to the power: (a) To adopt an official seal and alter the same at its pleasure. (b) To maintain an office at such place or places in the City as it may designate. (c) To sue and be sued in its own name and to plead and be impleaded. (d) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of, any property, real or personal , improved or unimproved, for the acquisition, construction, operation, or maintenance of any project. (e) To construct, acquire, own, lease, repair, maintain, extend, expand, improve, rehabilitate, renovate, furnish and equip projects and enter into construction contracts in connection therewith and to pay all or any part of the costs thereof from the proceeds of bonds of the Authority or from any contribution, gift, - 6 - or donation or other funds made available to the Authority for such purpose. (f) To make and execute agreements of lease, contracts, deeds, mortgages, notes and other instruments necessary or con- , venient in the exercise of the powers and functions conferred upon the Authority by this Ordinance. (g) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant options for any such purposes with respect to any project, or any real or personal property or interest therein. (h) To pledge or assign any money, rents, charges, fees or other revenues and any proceeds derived from sales of property, insurance, or condemnation awards. (i) To fix, charge, and collect rents, fees, and charges for the use of any project. (j ) To issue bonds and notes for the purpose of providing funds to pay all or any part of the cost of any project or any other lawful purpose and to issue refunding bonds. (k) To employ consulting engineers, architects, surveyors, attorneys, accountants, financial experts and such other employees and agents as may be necessary in its judgment, including employees of the City to the extent approved by the Commission, and to fix their compensation. (1) To acquire existing projects and to reimburse any health facility for the cost of such project in accordance with an agreement between the Authority and the health facility. However, no such reimbursement shall exceed the total cost of the project as determined by the health facility and approved by the Authority. (m) To acquire existing projects and to refund outstanding obligations, mortgages, or advances issued, made, or given by a health facility for the cost of any project. (n) To charge to, and equitably apportion among health facilities its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this Ordinance. - 7 - • (o) To mortgage any project and the site thereof for the benefit of the holders of the bonds issued to finance such project. (p) To participate in and to issue bonds for the purpose of establishing and maintaining a self-insurance pool pursuant to Section 627 . 357 , Florida Statutes, as the same may be amended from time to time, on behalf of a health facility or a group of health facilities in order to provide for the payment of judgments, settlements of claims, expenses or loss and damage that arises or is claimed to have arisen from an act or omission of the health facility, its employees, or agents in the performance of health care or health care related functions. (q) To issue special obligation revenue bonds for the purpose of establishing and maintaining self insurance pools and to provide reserve funds in connection therewith, which bonds shall be payable from funds available in the pool from time to time or from assessments against participating health facilities for the purpose of providing required contributions to the fund or from such other sources as may be permitted by State law. Such bonds shall be issued in accordance with all other applicable provisions of State law. (r) To keep a record of all its proceedings and be custodian of all books, documents, and papers filed with it and of its minute book or journal and official seal. The Authority shall cause copies to be made of all its minutes and other records and documents and shall give certificates under its official seal to the effect that such copies are true copies, and all persons dealing with said Authority may rely upon such Certificates. (s) To make a report to the Commission within the first 90 days of each calendar year, of the Authority' s activities for the preceding calendar year. Each such report shall set forth a complete operating and financial statement covering its operation during the year. (t) To enter into interlocal agreements with other governmental bodies in connection with the exercise of its powers hereunder, including but not limited to the issuance of bonds, - 8 - • pursuant to the authorization conferred by Chapter 163 , Part I, Florida Statutes, as the same may be amended from time to time. (u) To do all things necessary, as otherwise provided by law, to carry out the purposes of this Ordinance. Section 5. Payment of Expenses. All expenses incurred in carrying out the provisions of this Ordinance shall be payable solely from funds provided under the provisions of this Ordinance, and no liability or obligation shall be incurred by the Authority, the City or the State hereunder beyond the extent to which moneys shall have been provided under the provisions of this Ordinance. Section 6. Notes of Authority. The Authority is authorized from time to time to issue its negotiable notes for any corporate purposes and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured, subject however to any maturity limitations prescribed by State law. The notes may be authorized, sold, executed and delivered in the same manner as bonds. All such notes shall be payable solely from the revenues of the Authority, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding. Section 7 . Revenue Bonds. The Authority is authorized from time to time to issue its negotiable revenue bonds for the purpose of paying all or any part of the cost of any project or projects for which a certificate of need has been obtained if so required by law, or pursuant to subsections (1) and (m) of section 4 of this Ordinance for the purpose of paying all or any part of the cost of acquiring existing or completed health facilities projects, or for any other purpose permitted by law. In anticipation of the sale of such revenue bonds, the Authority may issue negotiable bond anticipation notes and may renew the same from time to time, subject however to any maturity limitations prescribed by State law. Such notes shall be paid from any revenues of the Authority available therefor and not otherwise pledged or from the proceeds of sale of the revenue bonds of the Authority in anticipation of which they were issued. The - 9 - • • notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions, or limitation which a bond resolution of the Authority may contain. The revenue bonds and notes of every issue shall be payable solely out of revenues provided therefor. Notwithstanding that revenue bonds and notes may be payable from a special fund, they shall be, and be deemed to be, for all purposes, negotiable instruments, subject only to the provisions of the revenue bonds and notes for registration. The revenue bonds may be issued as serial bonds or as term bonds, or the Authority, in its discretion, may issue bonds of both types. The revenue bonds shall be authorized by resolution of the members of the Authority and shall bear such date or dates; mature at such time or times, not exceeding the maximum maturity provided by law; bear interest at such rate or rates; be payable at such time or times; be in such denominations; be in such form, either coupon or registered, or both; carry such registration privileges; be executed in such manner; be payable in lawful money of the United States at such place or places; and be subject to such terms of redemption, including redemption prior to maturity, and such other provisions, as such resolution or resolutions may provide. The Authority shall determine the form and manner of execution of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature, or a facsimile of whose signa- ture, shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsi- mile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The revenue bonds or notes may be sold at public or private sale for such price or prices as the Authority shall determine. Pending - 10 - • preparation of the definitive bonds, the Authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds. Section 8 . Refunding Bonds. The Authority is hereby authorized to provide for the issuance of revenue bonds for the purpose of refunding any of its revenue bonds then outstanding or, to the extent permitted by State law, any bonds issued by another public instrumentality which are then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of such bonds. The proceeds of any such revenue bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the Authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date, or upon the purchase or at the maturity thereof, and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the Authority. Any such escrowed proceeds, pending such use may be invested and reinvested in direct obligations of the United States, in any obligations of which the principal and interest are unconditionally guaranteed by the United States, in certificates of deposit or time deposits secured by direct obligations of the United States, or in any obligations of which the principal and interest are uncondi- tionally guaranteed by the United States, in any other obligations as may be permitted by law from time to time, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption, premium if any, of the out- standing bonds to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof - 11 - may be returned to the Authority for use or disposition by it in any lawful manner. All such revenue bonds issued for the purposes of refunding shall be subject to the provisions of this Ordinance in the same • manner and to the same extent as other revenue bonds issued pursuant to this Ordinance. Section 9 . Security of Bondholders. In the discretion of the Authority, any bonds issued under the provisions of this Ordinance may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or resolution providing for the issuance of such bonds may pledge or assign the fees, rents, charges or proceeds from the sale of any project or part thereof, insurance proceeds, condemnation awards, and other funds and revenues to be received therefor, and may provide for the mortgaging of any project or any part thereof as security for repayment of the bonds. Such trust agreement or resolution providing for the issuance of such bonds shall contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, improvement, maintenance, repair,- operation and insurance of the project or projects in connection with which such bonds shall have been authorized; the fees, rents and other charges to be fixed and collected; the sale of any project or part thereof, or other property; the terms and conditions for the issuance of additional bonds; and the custody, safeguarding, and application of all monies. It shall be lawful for any bank or trust company incorporated under the laws of the State of Florida which may act as depositary of the proceeds of bonds, revenues or other money hereunder to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Any such trust agreement or resolution shall set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual - 12 - • right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other pro- visions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the project or projects in connection with which bonds are issued or as an expense of administration of such projects, as the case may be. Section 10. Payment of Bonds. Revenue bonds issued under the provisions of this Ordinance shall not be deemed to constitute a debt, liability or obligation of the City or the State or any political subdivision thereof, or a pledge of the faith and credit of the City or the State or any political subdivision thereof, but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the Authority shall not be obligated to pay the same or the interest thereon except from the revenues of the project or the portion thereof for which they are issued and that neither the faith and credit nor the taxing power of the City or of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under the provisions of this Ordinance shall not directly, indirectly or contingently obligate the City or the State or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Section 11. Revenues. The Authority is hereby authorized to fix and to collect fees, rents and charges for the use of any project or projects and any part or section thereof as provided by law. The Authority may require that the lessee, owner or operator of any project or part thereof shall operate, repair and maintain the project and bear the cost thereof and other costs of the Authority in connection with the project or projects as may be provided in the agreement of lease, loan agreement or other contract with the Authority, in - 13 - • addition to other obligations imposed under such agreement or contract. Section 12 . Trust Funds. Notwithstanding any other provisions of law to the contrary, all money received pursuant to the provisions of this Ordinance whether as proceeds from the sale of bonds, sale of property, in- surance, or condemnation awards, or as revenues, shall be deemed to be trust funds, to be held and applied solely as provided by law. The resolution authorizing the bonds of any issue or trust agreement securing such bonds may provide that any of such moneys be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as such resolution or trust agreements may provide. Section 13 . Remedies. Any holder of bonds issued by the Authority or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such Londs, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the State or.under such trust agreement or resolution authorizing the issuance of such bonds, or under any agreement of lease, loan agreement or other contract executed by the Authority pursuant to this Ordinance, and may enforce and compel the performance of all duties required by law or by such trust agreement or resolution to be performed, including the fixing, charging and collecting of fees, rents, and charges. Section 14 . Negotiability of Bonds. All bonds issued under the provisions of this Ordinance shall have, and are hereby declared to have, all the qualities and inci- dents, including negotiability, of investment securities under the Uniform Commercial Code as adopted and modified by the State, but no provision of such code respecting the filing of a financing - 14 - • statement to perfect a security interest shall be deemed necessary for, or applicable to, any security created in connection with the issuance of any such bonds. Section 15 . Tax Exemption. The exercise of the powers granted by this Ordinance will be in all respects for the benefit of the people of the City for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and, because the operation and maintenance of a project by a health facility will constitute the performance of an essential public function, neither the Authority nor a hospital institution shall be required to pay any taxes or assessments upon or in respect of a project or any property acquired by the Authority under the provisions of this Ordinance or upon the income therefrom, and any bonds issued under the provisions of this Ordinance, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the State, the City and municipalities and other political subdivisions in the State, except that such income shall be subject to the tax imposed pursuant to the provisions of Chapter 220, Florida Statutes. Nothing in this section shall be construed as exempting from taxation or assessments the leasehold interest of any health facility organized for profit. If any project or any part thereof shall be occupied or operated by any health facility organized for profit pursuant to any contract or lease with the Authority, the property interest created by such contract or lease shall be subject to taxation to the same extent as other privately owned property. Section 16. Legal Investment. Bonds issued by the Authority under the provisions of this Ordinance are hereby made securities in which all public officers and public bodies of the State and its political subdivisions and all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are - 15 - hereby made securities which may properly and legally be deposited with and received by any State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or obligations of the State is now or may hereinafter be authorized by law. Section 17 . Department of Health and Rehabilitative Services Certificate of Need; Areawide Council Review. (a) To the extent required by law and notwithstanding any provision of this Ordinance to the contrary, before any project authorized by this Ordinance is approved by the Authority, the State Department of Health and Rehabilitative Services shall issue a certificate of need for such project, which shall be a condition precedent to the construction of the project. (b) The Authority shall request a review and comment from the Areawide Council before the issuance of refunding bonds is approved by the Authority. Comments received from the Areawide Council within thirty (30) days of request shall be considered by the Authority in making its decision. If such comment has not been received within thirty (30) days of request, the Authority may act as though the application was favorably considered by the Areawide Council . Section 18 . Validation. Bonds issued by the Authority shall , to the extent required by law, or otherwise may, at the option of the Authority, be validated in the manner prescribed by Chapter 75 , Florida Statutes, as the same may be amended from time to time. Section 19 . Approval by Commission. The sale of bonds and notes authorized to be issued by the Authority hereunder shall be subject to the prior approval of the Commission. Section 20 . Administrative Procedures. The Authority shall adopt administrative guidelines and procedures in connection with the exercise of its powers hereunder which shall become effective upon approval by the Commission. Such guidelines and procedures shall only be amended by the Authority with the approval of the Commission. - 16 - Section 21. Commission to Abolish Authority. The Commission shall have the power and authority at any time to abolish the Authority by Ordinance. However, the Authority shall not be abolished until all bonded indebtedness incurred pursuant to this Ordinance has been paid. Section 22 . Severability. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 23 . Inclusion in Code. It is the intention of the Commission that the provisions of this Ordinance shall become and be made a part of the City of Miami Beach Code; and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "section, " "article, " or such other appropriate word or phrase in order to accomplish such intentions. Section 24 . Effective Date. This Ordinance shall take effect ten (10) days after adoption in accordance with law on August 4 1990. PASSED AND ADOPTED this25th day of July 1990 . ,00°'` lOr ATTEST: MA OR CITY CLERK FORM APPROVED (SEAL) LEGAL DEPT. 07/05/90\G!W\CTYMIABH.INS B / y_ C% • 1st reading 7/11/90 J� `�I 2nd reading 7/25/90 Date f//90 - 17 - eat/ Oil /44m ead FLORIDA 3 3 1 3 9 • fP �cy $*i INCORP�IORATEO *i °'VACATIONL,4NU U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 -� f riC COMMISSION MEMORANDUM NO. � `' ' DATE: July 11, 1990 TO: Mayor Alex Daoud and Members of the C. Commission FROM: Rob W. Par " ` -11'141-`� City Manager SUBJECT: ORDINANCE CREATING A MIAMI BEACH HEALTH FACILITY AUTHORITY During May the Finance Committee originally considered the accompanying Ordinance which establishes the Miami Beach Health Facility Committee. At the request of the Finance Committee this item was taken to and reviewed by the Miami Beach Health Advisory Board in the latter part of June. The Board requested that the composition of the members of the Authority be more specific in the Ordinance. These changes have been made which require the Authority Board to be composed of two members from the Health Providers Community, one Investment Banker, one Accountant and one Lawyer with the chairman of the Health Advisory Board sitting as a non-voting ex-officio member. The other items that the Board suggested will be dealt with by the Health Facility Authority in their by-laws which must be approved by the City Commission. This Ordinance creating the Health Facility Authority will provide our health care community with an additional means of financing worth- while projects to improve the health, safety and well being of our community. This Authority will be able to assist health providers by financing projects at tax exempt interest rates which should provide substantial savings to their institutions. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt this Ordinance on first reading and schedule a second reading and public hearing for July 25, 1990. RWP:RJN:sw 18 AGENDA ITEM R-3- C' DATE - aS c .0• . N LH Tl O N 'L7 ¢,•.fl b0 1 o 01 W b0 RI 0 •r. v X U4uU • vo G O w 0 u 0 •� 1-4 Z a) •rl a) ,.0 a) b0•r1 •H r--1 i+ •1-4 7. W .0 a) •1-1 4-1 C V) •r1 U 4-1 •1-1 `V ch I--1 4-I o w b0D m v a Cr_ 0 1--1 ...0 .0 *1-4 tdD cn o 3-1 4-3 0 .... ,..\:\. rte. Lr) .o,-1 •r1 •rf .1-1O U)LI-. c'(4 0 cn RI v ,a 4r1 cd +.3 3-1 00 x CO G a) x cd U r1 •r-1C 4-1 0 a) W a.i cd U 0 b0 4r1 LH ,.0 , a-+ .0 CO w v •1-1 G 'd o a) • P..1-1 o a) b 4-I •1-1 4-1 ,C OD CCCjjj�j� Cli 0) C0 a ,..0 CD o o • 0 •r-I PQ : ri C 'J 3-i •1--1 N '0 CO 5". D, cd cd (D. O a 4-) O C F', N. ° - bCO •-i O .0 •^ 4- 0 3-i p. N ca 0 O •P. a) fA •H0) 3-+ •r1 4-a C a) 4r1 >-i .CC 0 o b 0 x U U O •r:D PU 4-a P. CO P. o r' cd a) 0