HomeMy WebLinkAboutLegislation FR/SRSecond Reading Ordinance
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Ordinance
File Number: 10-00108
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2
/ARTICLE XII DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," MORE PARTICULARLY
BY AMENDING SECTIONS 2-922 AND 2-923 TO MAINTAIN A SEPARATE,
NON-PROFIT 501(C)(3) CORPORATION AND PROVIDE FOR THE MAYOR TO
SERVE AS THE CHAIR OF THE COUNCIL; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor's International Council ("Council") implements and advises the Mayor and
the City Commission in the areas of international trade, sister cities and protocol; and
WHEREAS, currently, the Council has the power to maintain a separate, non-profit 501(c)(6),
which pertains to Business Leagues, Chambers of Commerce, Real Estate Boards, Boards of Trade
and Professional Football Leagues; and
WHEREAS, the Council as it is presently formed does not fall within the above categories that
qualify for a tax exemption under 501(c)(6); and
WHEREAS, if the Council forms a 501(c)(3) corporation, it may qualify as a tax exempt entity;
and
WHEREAS, the Council desires to take advantage of a tax exempt status for the purpose of
seeking funding from outside sources, similar to other Sister Cities Programs; and
WHEREAS, the Council's ordinance provides that the City Commissioner appointed by the City
Commission shall serve as Vice -Chair; and
WHEREAS, additionally, the ordinance states that the Chair shall appoint a Vice -Chair from
among the Council's members; and
WHEREAS, the aforementioned provisions are inconsistent; and
WHEREAS, the Council wishes to correct the above stated inconsistency by providing that the
Mayor shall serve as the Chair of the Council;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and
incorporated as if fully set forth in this Section.
File Number 10-00108
Section 2. Chapter 2/Article XI/Division 3/Sections 2-922 and 2-933 of the Code of the City of
Miami, Florida, as amended entitled "Administration/Boards, Commissions, Committees/Mayor's
International Council" is amended in the following particulars:{1 }
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 3. MAYOR'S INTERNATIONAL COUNCIL
Sec. 2-921. Mayor's International council created.
A limited agency and instrumentality of the city to be known as the "Mayor's International
Council" is hereby created and established. Use of the term "council" in this article shall mean the
mayor's international council.
Sec. 2-922. Purpose; powers and duties.
(a) Purpose. The council shall:
(1) Plan and implement the city's international trade promotion policies for the purposes of
stimulating commercial and residential development and expanding the city's tax base through the
promotion of foreign trade and local investment in accordance with the bylaws adopted by the council,
(2) Serve in an advisory capacity for the city sister cities program to plan, implement, and
oversee the city's international, professional, and technical educational and cultural exchanges,
promotion and policies to create and stimulate friendly and meaningful relationships; and
(3) Coordinate protocol requirements for national and international events and dignitaries
pursuant to the standard and practices adopted by the council.
(b) Powers and duties. Subject to city commission approval and compliance with the terms and
conditions of any existing contractual obligations, the council shall:
(1) Encourage the fullest and most active participation and cooperation of private enterprise
by actively soliciting contributions and financial support from private business interests and any other
governmental authorities for international trade promotion and business development;
(2) Establish independent bank accounts for deposit of revenues generated by the council
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File Number. 10-00108
and for disbursement of council expenses;
(3) Purchase and sell services for international trade promotion and business development
and the ability to create council -sponsored conferences, trade shows and trade missions on behalf of
the city;
(4) Maintain a separate, non-profit 59IG6 501(c)(3) corporation for the purpose of seeking
funding from outside sources;
(5) Recommend affiliation to the city commission for approval of designation of national or
international cities and geographic locations as sister cities to the city;
(6) Form a committee for each sister city that will have a president with significant cultural and
business ties to the sister city, said president to be appointed by the council;
a. The sister cities committee president shall recruit members from the community at -large with
membership criteria emphasizing significant cultural and business ties to the sister city countries
having a sister city relationships with the city.
b. Local consul general of the country of the individual sister cities will be afforded the opportunity to
appoint an individual to the sister cities committee; thereby, assigning an ex officio member from the
consul general's staff to be a liaison between the consulate and the committee.
(7) Maintain an affiliation policy and direction of sister city committees established for each
sister city of the city; and
(8) Create, coordinate and manage policies and procedures for events related to the council's
purpose and dignitaries visiting the city.
(c) Notwithstanding any provisions to the contrary, the council shall exercise only such powers as are
granted pursuant to this article.
Sec. 2-923. Governing body: composition and appointments; terms of office and vacancies;
membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements;
parliamentary authority and rules of procedure; and indemnification.
(a) Composition and appointments, term of office. The council shall consist of 4ra 15 members
(fifteeRvGting meMbere and nne nan_va+inn ev_nffiGia memb� who shall serve as set forth herein. All
members, shall serve without compensation, but shall be reimbursed for necessary expenses incurred
in official duties. The governing body shall consist of:
(1) The mayor w49 shall serve as chairperson of the council he an ev_nf=inia nr,n_VGtinr~
mem and shall serve in accordance with the provisions of section 2-35 of this Code or until the
mayor leaves office; and
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{5} 2) Seven individuals appointed by the mayor who shall serve for a term of one year or until
the mayor leaves office, whichever occurs first; and
File Number.' 90-00908
44) (3) Seven individuals appointed by the city commission who shall serve for a term of four
years, staggered with four individuals whose terms expire in 2005 and three in 2006.
(b) Vacancies. Any person appointed by the mayor to fill a vacancy due to the death, resignation or
removal of any member of the council shall serve only for the remainder of the unexpired term. No
mayor -appointed member shall serve more than eight consecutive years on the council. Nothing set
forth herein shall prohibit any individual from being reappointed after a hiatus of two years.
(c) Membership eligibility requirements.
(1) Each member of the council shall reside, work, own real property or maintain a business in
the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment
to serving the community. Appointed members are expected to participate actively in the functioning of
the council. The chairperson of the council shall have the power to appoint all members serving on the
various committees which the council shall establish from time to time.
(2) No member of the council shall become a candidate for elective political office during his
or her term. Should any member of the council qualify as a candidate for elective political office, such
qualification shall be deemed a tender of resignation from the council.
(3) No employee of Miami -Dade County, Florida, or any municipality therein other than city
employees, shall serve on or be appointed to the council.
(d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member
of the council shall assume the duties of a member of the council, but before doing so, shall take the
oath prescribed by section 41(e) and (f) of the City Charter.
(e) Officers. The chairperson shall appoint all members serving on the various committees which
shall be established from time to time. The chairperson shall appoint a vice -chairperson from among
the council's members. The vice -chairperson shall serve as chairperson in the absence of the
chairperson. The council shall designate a secretary and such other officers as may be deemed
necessary, who shall serve at the pleasure of the council.
(f) Quorum and voting. At all meetings of the council, the members present shall constitute a quorum
for the transaction of business, and each member shall have one vote on every issue submitted to a
vote of the council. The act of a majority of the members present at a meeting at which a quorum is
present shall be the act of the council. The members of the council shall make and adopt bylaws and
rules and regulations.
(g) Meetings. The council shall hold regular quarterly meetings and may hold such other meetings as
it deems necessary. All meetings of the council shall be public. Written minutes of the proceedings of
all actions taken at the meeting of the council shall be maintained by the council and shall be promptly
-------and-prroper y-recorded-and-submitted--to-the-city--clerk: ----
(h) Attendance requirements. The provisions contained in section 2-886 of this article shall be
applicable to the members of the council.
(i) Parliamentary authority and rules of procedure. The parliamentary authority of the council shall be
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File Number: 10-00108
Robert's Rules of Order (current edition), unless the council adopts its own order of business and rules
of procedure governing its meetings, and actions on matters within its jurisdiction, not inconsistent with
the provisions set forth herein, which rules of procedure shall be filed with the city clerk. Copies of
minutes of all council meetings shall be furnished to the mayor, commissioners and the city manager.
0) Indemnification. The council shall maintain officers and directors liability insurance coverage at all
times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such
coverage does not apply, the city shall indemnify the members in the same manner and to the same
extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any
way to affect the laws relating to sovereign immunity.
Sec. 2-924. Executive director; appointment, term, qualifications, compensation, general powers and
responsibilities.
There shall be an executive director who shall be appointed by the council subject to city
commission approval. Additionally, each successor executive director shall be similarly appointed and
approved. After hiring an executive director, the council shall submit monthly written reports and one
annual oral presentation on the status of the council's operations and expenses to the city
commission. The executive director shall be a person of good moral character and have an excellent
reputation for integrity, responsibility, and business ability, but no council member shall be eligible for
appointment as executive director. The executive director shall receive such salary as shall be fixed by
the council, and approved by the city commission. The executive director shall take an oath before
assuming any duties. The executive director shall act as the chief executive officer of the council.
Subject to the policy directives of the council, the executive director shall have general supervision
over and be responsible for the management and operation of all council properties, activities, and
facilities. The executive director shall execute all contracts on behalf of the council after approval by
the council. The executive director shall attend all meetings of the council, shall furnish the council a
quarterly report with respect to the management, operation, and financial condition of the council, and
shall from time to time have prepared and shall furnish such reports, audits and other information
relating to the council as may be required by the council or the city. In the event that the executive
director is for any reason temporarily incapable of exercising the powers and performing the duties and
functions of the office, the council, with the consent of the city commission, may appoint an acting
executive director to exercise such powers and to perform such functions and duties until such
incapacity of the executive director ceases.
Sec. 2-925. Employment of assistants.
Subject to the policy directives of the council and budget limitations, the executive director may
employ such assistants as are necessary to provide for the efficient operation of the council.
Sec. 2-926. Counsel.
The city attorney's office shall provide legal services to the council as may be necessary and
- ---- requested -by -the -council. - --- —
Sec. 2-927. Approval of budget.
(a) Effective immediately, the council shall establish a fiscal year which coincides with that of the city.
rife of Miami Pnoo inf7 D..:...f,.A /1... 1nion7n
File Number: 10-00108
The council shall submit to the city commission, in a form acceptable to the city manager, and no later
than April 1 preceding the commencement of each fiscal year, a council budget request pertaining to
management, operation, maintenance and capital expenditures and delineating the financial
responsibility of the city for certain categories including but not limited to: insurance, security, utilities,
capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the
council from submitting a supplemental budget to the commission for approval.
(b) No expenditure shall be made in any given year without approval by the city commission of the
council budget for that year and all expenditure shall comply with city procedures for acquisition of
goods and services.
(c) in conjunction with the submission of the budget, the council shall submit a master plan reflecting
the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal
year. The city commission may review and deny any item contained in the master plan within 30 days
from the date of its submission by the council.
(d) No provision contained in this article shall be construed to violate the Anti -Deficiency Act, as set
forth in sections 18-500 through 18-503 of this Code.
Sec. 2-928. Annual report and audit.
(a) The council shall submit to the mayor and city commission an annual report and an annual audit.
The audit shall be performed by an external auditor who is a certified public accountant.
(b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables,
and contracts of the council at any time.
Sec. 2-929. Abolition of council.
The city commission, by an affirmative vote of three commissioners, may abolish the council, at
which time the powers and duties of the council shall revert to the city and the city shall resume
responsibility for the maintenance, operation and management of powers and duties of the council.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2)
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File Number.- 10-00908
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU,���
CITY ATTORNEY
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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