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City of Miami
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Legislation
Ordinance
File Number: 15-01597
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 6 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 of the Code of the City of Miami, Florida, as amended,
are further amended in the following particulars: {1}
"CHAPTER 2
ADMINISTRATION
ARTICLE XI
BOARDS, COMMITTEES, COMMISSIONS
DIVISION 6
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SPORTS AND EXHIBITION AUTHORITY
Sec. 2-1013. Governing body.
(a) Composition. The authority shall consist of eleven 1.1) voting members Members to ho
as follows:
(1) One (1) member shall be the mayor who shall be a voting ex -officio member and-the-
GhairperseR theFGGf, and cor„o fGr a „or,,,d Of „no (1) eaF.serve as the Chairperson of
the Authority.
(2)
abseRGe
G. Not be --iRted fer aRC)thGF iMMediatGly SUGGeediRg_e
Gapa �4*,Each City Commissioner shall serve as a voting ex -officio member.
-- exGept
... e -.
.... ..
VGtiRg-
member, represeRtiRg
pursuant to this subSGGtiE)R may serve fer a .
..
Commissioner shall appoint one
(1) voting member to be ratified by maiority vote of the City Commission.
(b) 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 commitment 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.
(c) Terms of members. The voting members, other than the Mayor and City Commissioners
serving as voting ex -officio members of the Authority, shall serve for a one (1) year term. In
accordance with Section 2-885(b) of the Citv Code, each of the votina members serving a
one (1) year term shall be limited to eight (8) consecutive terms. Voting members shall
continue to serve until their successors have been appointed and qualified.
(d) Organization, powers and duties of the authority.
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{{1) Six (6) members of the authority at a properly noticed meeting eligible to shall -
constitute a quorum for the transaction of business and each member shall have one (1)
vote on every issue submitted to a vote of the Authority. 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.
0 (2) The members of the authority shall make and adopt bylaws and rules and regulations
for the authority's governance fand for the operation, governance,} and maintenance of its
facilities.
(4) (3 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.
(e) 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.
(f) 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.
(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
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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 subject to prior approval of the City Commission.
(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 reyeRiue
beRds Gr „+hor 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 instrumentality or political subdivision thereof, upon such terms
and conditions as the State of Florida or such agency or instrumentality or political
subdivision may impose.
{-g)
for the rights of the holder +hereef, all in aGGGrdaRGe �e th � S' § 217 057 (1993) (new
Tom,–n-., rights � � „ �� �..� .,� , GTS �� �-,——s–L�-�-o,--�,-'a��
repealed; seeF-, -012.0305).
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0-(D)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 herein_
subject to prior approval of the City Commission.
(44� 10 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..
0-2-) 11 To request via formal resolution of the authority that any governmental entity exercise
any of its powers on behalf of the authority.
{-13-) 12 To do all things necessary or convenient to carry out the powers enumerated herein.
Lc Notwithstanding any contrary provision in the City Charter, including but not limited to Section
29-13, the Authority shall not sell or lease waterfront property unless there is approval of a majority
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 subject 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
ewers and perform such functions and duties of the director until such incapacity of the director
shall be terminated.
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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APPROVED AS TO FORM AND CORRECTNESS:
Nj-s)-�
VICTORIA MENDE
CITYATTORNEY
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
(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.
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