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HomeMy WebLinkAboutLegislationQc Cit,t of Miami City Hall 3500 Pan American cy Drive Legislation Miami, FL33133 www'miamigov,com Ordinance File Number: 15-01597 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6/SECTION 2-1013, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY/GOVERNING BODY", TO CLARIFY THE COMPOSITION, ORGANIZATION, DUTIES, AND POWERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Charter is currently under review by the Miami Charter Review and Reform Committee, which is responsible for reviewing and recommending amendments to the City Charter, including but not limited to Section 29-B of the City Charter, which sets requirements for the sale or lease of City -owned property; and WHEREAS, the Miami Sports and Exhibition Authority ("Authority") is an agency of the City of Miami whose members are appointed by the City Commission and who is empowered to hold property; and WHEREAS, the City Commission wishes to clarify the composition of the Authority, its powers, and the requirements applicable to properties held or acquired by the Authority; NOW,THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article XI/Division 6/Section 2-1013 and 2-1013 of the Code of the City of Miami, Florida, as amended, are further amended in the following particulars: {11 } "CHAPTER 2 ADMINISTRATION ARTI CLE X1 BOARDS, COMMITTEES, COMMISSIONS DIVISION 6 City of Miand Page 1 of 6 File Al. 15-61597 (Version., 1) Printed On., 1/1912016 Pile Number 15-01697 Sec. 2-1013. Governing body, (a) Composition. The authority shall consist of eleven 11) voting membe,rs, mernbeFs.to We appsnngvmsr as follows: (1) One (1) member shall be the mayor who shall be a voting ex -officio member a.n4- Wo I'M IN W-1-90-10ANUMV01I 11M Of the two membem­ n o rn 1 Rated one may be the Gom,—Wssionef-,a-%-� ex GffiGia votin em I -I-I – __ I— — It to this subsec-tion May r-a-perti one -year -and —..-.y be nom4iRate�fid-appGi-nt�rn ore t1han on —onse-witive- year.se-r-missio-Ine., is st4b%Gt19n4)(-2 9. .9 anly one ratified by maioritv vot�� fl?j Officers. The Mayor shall serve as the Chairperson of the Authority. At the first meeting o each calendar year, the Authority shall select a Vice -Chairperson who shall act as Chairperson in the absence of the Chairperson. The Vice -Chairperson shall be selected b a roll call vote of the voting members of the Authority and shall serve a term of ore (1) year or until such time as a replacement is nominated. (bac) Qualifications. Each member of the authority shall be a. duly qualified elector of Miami -Dade County and shall be of outstanding reputation for integrity, responsibility and ;_0_M71tment to serving the community. Members shall be selected from individuals associated with the tourist and hospitality industries in businesses operating within the city. Before entering upon the duties of office, each voting member on the authority shall take the prescribed oath of office, Members of the authority shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the discharge of their duties, (od) Terms of members. The voting members, other than the Mayor serving ex -officio as the Chaimerson. of the Authority; shall serve for a one (1) year term. In accordance with Section. City of A-Vanil Page 2 o 6 File Id., 15-01597 Mersion: 1) Printed Ow 111912016 File Number 15-01597 successors have been appointed and qualified. (de) Organization, powers and duties of the authority. 04The authe,illy shall de6ign­ate-a_se-r_4eta"rio or M --y not be a erAb--,, aW-h-Gr4tY7 Six (6) members of the authority at a properly noticed meeting ei _Mp W vete hal S I gil e te v - constitute a quorum far the transaction of business and each member shall have one 1) v . A majority of the quorum is empowered to exercise all the rights and perform all the duties of the authority, and no vacancy in the authority shall impair the right of the quorum to act. �3) M The members of the authority shall make and adopt bylaws and rules and regulations for the authority's governance land for the operation, governance,} and maintenance of its facilities. The authority shall hold regular quarterly meetings in accordance with the bylaws of the authority, and the authority may hold such other meetings as it deems necessary. All meetings of the authority shall be public, and written minutes of the proceedings thereof shall be maintained by the authority. All actions taken at the meetings of the authority shall be promptly and properly recorded. The official city policies relating to the attendance of regular board meetings shall be applicable to members of the authority. (ef) Protection from personal liability. The city shall defend, hold harmless, and indemnify members from all claims and liabilities arising from any act or action within the scope of their duties, (fg) Powers of chairperson. The chairperson of the authority shall have the power to appoint all members serving on the various committees which the authority shall establish from time to time. The chairperson shall also have the power to appoint two vice -chairpersons, one secretary and one treasurer from among the authority's members. Sec. 2-1014. - Powers, purposes and duties of the authority. (a) The authority, as a governing body, shall exercise supervisory control over and shall have responsibility for the operation, maintenance, and governance of all functions and activities of the authority. The powers of the authority shall include: (1) The acquisition, construction, improvement, extension, enlargement, remodeling, repairing, equipping, maintenance, and operation of one or more exhibition halls, arenas, convention centers, coliseums, auditoriums, and/or athletic stadiums for the exhibition of events, whether privately and/or publicly owned, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications., souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases, or parking areas in connection therewith, Qjy of Miand Page 3 of 6 File %1. 15-0.1597 Olerslon:.I) Printed On: 1,11.912016 File Number., 15-01597 (2) The acquisition, construction, equipping, maintenance, and operation of recreation centers, clubhouses, gymnasiums and related buildings, and the usual and convenient facilities appertaining to such undertakings, and areas, including, but not limited to, athletic fields, golf courses, parking facilities or parking areas in connection therewith. (3) The acquisition in its own name of the necessary property, both real and personal, in connection with subsections (a)(1) and (2) above and the authority to lease, sell, and license any part or all of such facilities, including real and personal property, to any persons, firms, or corporations whether public or private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, convenient, or desirable, subject to prior approval of the city commission. (b) The authority shall have the capacity and power: (1) To sue and be sued, to implead and be impleaded, complain and defend in its own name in all courts of law and equity. This provision shall not be construed in any way to affect the laws relating to governmental immunity. (2) To have a seal and alter the same at pleasure. (3) To purchase, lease, or otherwise acquire, hold, own, mortgage, sell, convey, exchange, option, or otherwise dispose of real and personal property of every class and description or interest therein, including leasehold and licenses for any terms, for any purpose consistent with this division, subject to any limitations as may be imposed by law or the provisions herein. (4) To appoint, select, and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and fix their respective compensations subject to the provisions of state law as same may be amended from time to time. (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose, by conveyance of its title in fee simple, of real and personal property of every kind and character. (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate and manage facilities as deemed necessary by the members of the authority, the cost of such to be paid in whole or in part from the proceeds of feventte bGnds—,or-9t-he-r funds of the authority or from such proceeds or other funds made available to the authority. (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose, (8) To accept loans and/or grants of money or materials or property of any kind from the State of Florida or any agency or instrurnentality or political subdivision thereof, upon such terms CI(v qfMand Page 4 of' 6 File Id: 15-01597 (Version: 1) Printed On: 111912016 File Number 15-01597 and conditions as the State of Florida or such agency or instrumentality or political subdivision may impose. Tq-_� , folr any of �,;ii,,:irposes and t XeGu I �e �Y 111 E, R�� ndsyable­ soleW-rom-f�ands-ptedged-f9F4Kat-p�,��RePA ance, h F, & $zg 7-1'7. 057-(4,9�� fep"ea F.—S. 4D)n From time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created. "1 01 To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and the laws of this state. 4To request via formal resolution of the authority that any governmental entity exercise any of its powers on behalf of the authority. 0-3)LLQ To do all things necessary or convenient to carry out the powers enumerated herein. Lc I Notwithstanding any contrary provision in the City Charter i�nclucfin�but =OtFit�ltedtO Section 29-13. the Authoritv shall not sell or, lease r)roDertv unless there,. is.approval of a-maigrity of the votes cast by the electorate at a referendum. Sec. 2-1015. - General powers and responsibilities of the director. (a) There shall be a Director who shall be appointed by the members of the Authority subiect to approval by four-fifths vote of the City Commission. Upon the effective date of the incumbent director's resignation and thereafter, the members of the authority shall, within 90 days of such vacancy, appoint a new director of the authority. Such appointment and the terms and conditions of the new director's employment shall be subject to approval by a four-fifths vote by the city commission. The director shall take an oath before entering upon any duties. The director shall act as the chief executive officer of the authority, (b) Subject to the policy directives of the authority, the director shall have general supervision over and be responsible for the operation and maintenance of all authority properties, activities, and facilities, The director shall attend all meetings of the authority, shall furnish the authority, the mayor, and the city commission a monthly report with respect to the operation, maintenance and financial condition of the authority, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to said authority as may be required by the authority. In the event that the director shall for any reason be temporarily incapable of exercising the powers and performing the duties and functions of this office, the deputy director of the authority as so designated by the director shall perform as acting director and shall exercise such powers and perform such functions and duties of the director until such incapacity of the director shall be terminated. City qf 11f am; Page 5 of 6 F;1e Id. 15-01597 (Version: 1) Prhited On: 111912016 File Number, 15-01597 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.{21 APP OVEDAS TO FORM AND CORRECTNESS: C, Vi4YbRIA MNDEZ , C1 , T -Y 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. {21 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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, Chy ofD2iand Page 6 of 6 Fil(,, Id. 15-01597 (Versiow 1) Prhdt,,d Ow 111.912016