Ordinance 99-3193 ORDINANCE NO. 99-3193
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA
CREATING DIVISION 24 OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE TO BE ENTITLED "CAPITAL
PROJECTS OVERSIGHT COMMITTEE," CREATING
SECTIONS 2-190.81 THROUGH 2-190.84, ESTABLISHING
THE PURPOSE,COMPOSITION,POWERS,AND DUTIES OF
THE COMMITTEE, PROVIDING FOR SEVERABILITY,
CODIFICATION,REPEALER, AN EFFECTIVE DATE,AND
SUNSET PROVISION.
WHEREAS, the Miami Beach Tourist and Convention Center Expansion Authority
(TCCEA)was established pursuant to Ordinance No. 97-3086, and under the authority delegated to
the City pursuant to Section 212.0305, Florida Statutes; and
WHEREAS, pursuant to the recommendation of the Administration, the Mayor and City
Commission herein acknowledge that the function and mission of the TCCEA, and the primary
purpose(s) for which it was established, has been accomplished and completed; and
WHEREAS, due to the sunsetting of the TCCEA,the Mayor and City Commission deem
it advisable to create a Capital Projects Oversight Committee which will provide advice to the City
Commission and City administration with regard to the oversight of the expenditure of$35 million
in funds from Miami-Dade County for capital projects in conjunction with the Miami Beach
Convention Center and the Jackie Gleason Theater of the Performing Arts until September 30,2002.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. CREATION OF DIVISION 24.SECTIONS 2-190.81 THROUGH 2-190.84 OF
CHAPTER 2 OF THE MIAMI BEACH CITY CODE TO BE ENTITLED
"CAPITAL PROJECTS OVERSIGHT COMMITTEE."
That Miami Beach City Code Chapter 2, Division 24, Sections 2-190.81 through 2-190.84
entitled "Capital Projects Oversight Committee" are hereby created as follows:
DIVISION 24. CAPITAL PROJECTS OVERSIGHT COMMITTEE
Section 2-190.81 Created.
There is hereby created and established the Capital Projects Oversight Committee. Powers,
duties. composition and attendance requirements of the committee are set out specifically in this
division. The supporting department of the committee is the office of the City Manager.
Sec. 2.190.82. Purpose
The Capital Projects Oversight Committee shall serve in an advisory capacity to the City
Commission and the City Administration with regard to capital projects in conjunction with the
Miami Beach Convention Center and The Jackie Gleason Theater of the Performing Arts.
Sec. 2-190.83. Composition
(a) Composition. Capital Projects Oversight Committee shall consist of seven (7) voting
members to be appointed by the commission at-large, to include at least:
1. One civil engineer.
2. One general contractor.
3. One accountant.
4. One attorney
The City Commission may appoint, by a majority vote, non-voting, ex officio members to
assist the committee in fulfilling its defined purposes.
(b) Qualifications. The city affiliation requirement for membership shall be fulfilled in either
of the following ways:
(1) An individual has been a resident of the city for a minimum of two years.
(2) An individual can demonstrate ownership/interest for a minimum of two years in a
business established in the city for a minimum of two years.
Exception to subsections(b)(1)and(b)(2)of this section shall be permitted if the committee requires
the membership of an individual with a specific position, knowledge, experience or expertise not
available in another individual who may comply with the terms of subsections (b)(1) and/or (b)(2)
of this section. Each member shall be of outstanding reputation for integrity, responsibility and
commitment to serving the community. Before assuming the duties of office, each voting member
on the committee shall take the prescribed oath of office. Members of the committee shall serve
without compensation.
(c) Appointment and term of members;filing vacancies The members of the committee shall
be appointed at large by the City Commission. The initial appointment of members shall be for a
term beginning on the date of their appointment and ending at the conclusion of the existing
members'terms All members shall be subsequently appointed for a term of two years and such terms
shall run on a staggered basis. No two members shall be connected or have any financial ties with
the same business entity. Vacancies shall be filled by the City Commission 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 successors are appointed. Nonvoting, ex officio members
shall be appointed by a majority vote of the City Commission. Nonvoting, ex officio members may
be appointed for a term not to exceed the term of the committee members.
(d) Removal of members.
(1) By vote of commission. The voting members shall serve at the pleasure of the City
Commission. Any member of the committee may be removed from office by four-
sevenths vote of the City Commission. Nonvoting, ex officio members shall serve
at the pleasure of the City Commission. Any nonvoting, ex officio member of the
committee may be removed from office by a majority vote of the City Commission
(2) Failure to attend meetings. If any member of the committee fails to attend 33
percent of the regularly scheduled meetings per calendar year, such member shall be
automatically removed. During meetings, a standard sign-in register must be
completed by members of the committee. If there is not a quorum to conduct
committee business, attendance and absences must be recorded. Attendance will be
recorded when an individual arrives within 30 minutes of the scheduled meeting time
and remains for at least 70 percent of the meeting.
Organization. The chairperson and vice-chairperson shall be elected by a majority vote of
the committee members. The chairperson and vice-chairperson shall serve for a period of two years
and must be members of the committee.
Sec. 2-190.84. Powers, purposes and duties.
The committee shall have the following powers, purposes and duties:
(1) To serve in an advisory capacity to the City Commission and the City Administration
with regard to capital projects in conjunction with the Miami Beach Convention Center and
The Jackie Gleason Theater of the Performing Arts;
(2) To perform such other duties as may from time to time be assigned to it by resolution
of the City Commission.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the City of Miami Beach City Code
as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word"ordinance"may be changed to "section" or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE AND SUNSET PROVISION.
This Ordinance shall take effect on the 3rd day of July , 1999.
This Ordinance shall automatically sunset on October 1, 2002.
PASSED and ADOPTED this 23rd day of June , 1999.
9
MAYOR
ATTEST:
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CITY CLERK
1st reading 6/9/99
2nd reading 6/23/99
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APPROVED AS TO
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City Atto go% Dote
OFFICE OF THE CITY ATTORNEY
64 14,
F L O R I Zicar%
D A
MURRAY H. DUBBIN ""`°"}�
ab; Telephone: (305) 673-7470
City Attorney �`" Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 4P2-99
TO: Mayor Neisen O. Kasdin and DATE: June 23, 1999
Members of the City Commission
FROM: Murray H. Dubbin0--
City Attorney ht(
SUBJECT: ORDINANCE CREATING CAPITAL PROJECTS OVERSIGHT
COMMITTEE
Pursuant to the request of the Administration, an Ordinance creating a Capital Projects Oversight
Committee was passed on first reading on June 9, 1999. The Ordinance is submitted for adoption
at its second reading/public hearing.
cc: Sergio Rodriguez
City Manager
F:'ATIOVNRMCOMMMEMOOCAFTPRJ2.ORD
Agenda Item ( 5 E 1
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