HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 6. - SPORTS AND EXHIBITION AUTHORITY
Sec. 2-1011. - Miami Sports and Exhibition Authority created.
There is hereby created and established, pursuant to F.S. § 212.057 (1983), an independent and
autonomous agency and instrumentality of the city to be known as the "Miami Sports and Exhibition
Authority." Use of the term "authority" in this division shall mean the Miami Sports and Exhibition Authority.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-1)
Sec. 2-1012. - Promotion of sports, conventions and exhibitions.
(a) The authority shall promote sports, conventions and exhibitions to the greatest extent feasible, and
the authority shall strive to generate and further community support to achieve this purpose.
(b) The authority shall endeavor to attract professional sports franchises to utilize facilities in the city.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-2)
Sec. 2-1013. - Governing body.
(a) Composition. The authority shall consist of 13 members to be appointed by the city commission as
follows:
(1) One member shall be the mayor who shall be a voting ex -officio member and the chairperson
thereof.
(2) Two voting members shall be city commissioners appointed by a majority vote of the city
commission to serve for a period of one year.
(3) Each city commissioner shall nominate two members to be ratified by majority 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 serving ex -officio as the chairperson
of the authority, shall serve for a one-year term.
(d) Organization, powers and duties of the authority.
(1) Six members of the authority at a properly noticed meeting 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 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.
(2) The members of the authority shall make and adopt bylaws and rules and regulations for the
authority's governance [and for the operation, governance,] and maintenance of its facilities.
(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
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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.
(Code 1980, § 52.6-3; Ord. No. 9662, § 2, 7-28-83; Ord. No. 10153, § 1, 9-25-86; Ord. No.
10270, § 1, 5-14-87; Ord. No. 10476, § 1, 9-8-88; Ord. No. 10706, § 1, 2-15-90; Ord. No. 11026,
§ 1, 12-10-92; Ord. No. 11028, § 1, 12-10-92; Ord. No. 11130, § 17, 3-24-94; Ord. No. 11150, §
1, 5-5-94; Ord. No. 11155, § 1, 5-23-94; Ord. No. 11362, § 1, 5-23-96; Ord. No. 11373, § 11, 6-
27-96; Ord. No. 11564, § 4,10-28-97; Ord. No. 11588, § 1, 1-13-98; Ord. No. 11645, § 1, 4-14-
98; Ord. No. 11713, § 1, 10-13-98; Ord. No. 12073, § 1, 5-24-01; Ord. No. 12969, § 2, 2-14-08;
Ord. No. 13628, § 2, 9-8-16)
Editor's note- Ord. No. 12073 was vetoed by the mayor on June 4, 2001; subsequently,
pursuant to section 2-36, this veto was overridden by a four-fifths vote of the commissioners on
June 14, 2001.
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 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 anyway to affect the laws relating
to governmental immunity.
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(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,
dispose of, or take any other action having to do with the use 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 and 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 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.
(9) From time to time to sell, lease, grant, exchange, otherwise dispose of, or take any other action
having to do with the use 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.
(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.
(11) To request via formal resolution of the authority that any governmental entity exercise any of its
powers on behalf of the authority.
(12) To do all things necessary or convenient to carry out the powers enumerated herein.
(c) Notwithstanding any contrary provision in the City Charter, including but not limited to Section 29-B,
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.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-4; Ord. No. 13597, § 2, 3-11-16)
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.
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(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.
(Ord. No. 9662, § 2, 7-28-83; Ord. No. 10153, § 1, 9-25-86; Ord. No. 10706, § 2, 2-15-90; Code
1980, § 52.6-5; Ord. No. 11564, § 4, 10-28-97; Ord. No. 13597, § 2, 3-11-16)
Sec. 2-1016. - Employment of assistants.
Subject to the policy directives of the authority and budget limitations, the director shall employ such
assistants, including engineering and professional assistants and experts, as are necessary to provide for
the efficient operation of the authority.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-6)
Sec. 2-1017. - Encouragement of private enterprise.
The authority shall, to the greatest extent it determines to be feasible, implement the exercise of its
powers in a manner which utilizes and encourages the fullest and most active participation and cooperation
of private enterprise.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-7)
Sec. 2-1018. - Counsel.
The authority shall appoint the legal counsel of the authority. Such appointment and the terms and
conditions of the contract of employment resulting therefrom shall be subject to approval by a four-fifths
vote of the city commission. The authority may employ such other counsel as shall be approved by said
authority subject to approval by a four-fifths vote of the city commission.
(Ord. No. 9662, § 2, 7-28-83; Ord. No. 10153, § 1, 9-25-86; Ord. No. 10713, § 1, 2-15-90; Code
1980, § 52.6-8)
Sec. 2-1019. - Authority solely liable for obligations.
No obligation or liability of any kind or nature whatsoever incurred by or asserted against the authority
shall in any manner whatsoever be an obligation or liability of the city.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-9)
Sec. 2-1020. - Approval of budget.
(a) Commencing October 1, 1983, the authority shall establish a fiscal year which coincides with that of
the city. The authority shall submit to the city commission no later than April 1 next preceding each
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fiscal year an authority budget request pertaining to operating and capital expenditures, which request
shall not be implemented until approved by the city commission.
(b) The authority budget shall be prepared on official city budget forms in a format prescribed by the city
manager and shall be reviewed in a manner similar to that in which requests of other city departments
are reviewed. Nothing contained herein shall be construed to prohibit the authority from submitting to
the commission a supplemental budget for approval.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-10)
Sec. 2-1021. - Annual report and audit.
The authority shall submit to the city commission an annual report and an annual audit. The audit shall
be performed by an external auditor who is a certified public accountant.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-11)
Sec. 2-1022. - Contributions.
It is the intention of the city commission that the authority actively solicit contributions and financial
support from private business interests in the city.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-12)
Sec. 2-1023. -Tax revenues.
(a) As prescribed by the ordinance of Dade County, Florida, imposing the tax authorized under F.S. §
212.057 (1983), (now repealed; see F.S. § 212.0305) the person receiving the consideration for such
rental or lease shall receive, account for, and remit the tax to the state department of revenue at the
time and in the manner provided for persons who collect and remit taxes under F.S. § 212.03. The
same duties and privileges imposed by F.S. ch. 212 upon dealers in tangible property respecting the
remission and collection of tax; the making of returns; the keeping of books, records and accounts;
and compliance with the rules of the Florida department of revenue in the administration of said chapter
shall apply to and be binding upon all persons who are subject to the provisions of this division;
provided, however, the department of revenue may authorize a quarterly return and payment when
the tax remitted by the person receiving the consideration for such rental or lease for the preceding
quarter did not exceed $25.00.
(b) Collections received by the department of revenue from the tax, less costs of administration of this
division, and paid and returned, on a monthly basis, to the clerk of the board of county commissioners
of Dade County, Florida, shall be available for use by the authority in accordance with the provisions
of this division.
(Ord. No. 9662, § 2, 7-28-83; Code 1980, § 52.6-13)
City Code cross reference— Taxation, ch. 56.
Secs. 2-1024-2-1050. - Reserved.
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