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O-389-76 ORDINANCE NO. 389 AN ORDINANCE CREATING A COUNTRY CLUB ADMINISTRATIVE BOARD, ESTABLISHING ITS MEMBERSHIP AND FIXING ITS DUTIES AND RESPONSIBILITIES BE IT ORDAINED BY MIAMI SHORES VILLAGE: Section 1. There is hereby created a Country Club Administrative Board, consisting of five (5) persons, who shall be residents of the Village. Members of the Administrative Board shall be appointed by the Council and shall serve at the will of the Council. Section 2. The Board shall select a Chairman and Secretary from its members. A quorum must be present for the transaction of any business of the Board. Three (3) members of the Board must be present to constitute a quorum, but less than a quorum may adjourn to a specified time. Section 3. Members of the Board shall meet at least once a month at such times and places as they may fix by reso- lution. Special meetings may be called from time to time by the Chairman of the Board, or by the Secretary upon the written request of three (3) members of the Board. The Board shall cause to be kept a proper record of all of its proceedings, subject at all times to examination by the Village Council, its members, and the public. The Village shall furnish the Board with necessary files and supplies as it may require in the performance of the duties imposed upon it as herein more fully set forth. Section 4. It shall be the duty of the Board to collect data and information and keep itself fully informed with respect to the physical facilities and all operations of the Country Club, including but not limited to golf, tennis, swimming and social activities, as well as the operation of the bar, restaurant and related activities of the clubhouse. -1- Section 5. It shall be the duty of the Village Manager, heads of departments, and employees of the Village to render assistance and aid to the Board in the way of information, advice, and cooperation, and to furnish to the Board such information as it may request. It is not intended, however, nor shall anything in this Ordinance operate to supplement, impair or abrogate the power or authority of the Village Manager or of any existing departments operating under the Village Charter and Ordinances, except that matters coming within the purview of the Board shall be referred to the Board for its review and recommendations. The Board shall have the power to control, appoint and employ persons and/or firms as it may deem necessary for the performance of its duties and make expenditures for such services and eAmployment, subject, however, to express affirmation and consent of such employment by the Village Council by a 3/5 vote thereof, and further subject to the proper appropriation of money by the Council. In no event shall the Board incur any indebtedness which would bind the Village for the payment of the same except by a 3/5 vote by the Village Council duly authorizing the incurrence of such expense. Section 6. The Board shall make an annual report to the Village Council on or before July 1 of each year, giving a full report and resume of its work during the preceding year. In such report the Board shall make such recommendations to the Council for such improvements and for such acts as in its judgment should be undertaken. In addition thereto, the Board shall furnish such information and make such reports and recommendations as the Village Council may from time to time request. The Board is also authorized to make such reports and recommendations to the Village Council at such times and from time to time as it may deem necessa4r or advisable. Section 7. It shall be the duty of the Board to familiarize itself with the budget of the Country Club, as from time to time adopted by the Village Council, and to make recom- mendations in its annual report with respect thereto. With respect -2- to items so budgeted, the Board shall consult with the respective department heads with respect to operations within their respective budgets to determine that operations can and are being carried out within the budget; recommendations of any changes in or additions to the budget shall be made to the Council. The Board shall familiarize itself with the physical facilities of the Country Club and make recormendations to the Council for any repairs, alterations, or improvements not so budgeted. The Board shll familiarize itself with the uses to which the Country Club facilities are being put and make recommendations to the Council for the improvement of such uses. Section 8. Any member of the Board may initiate for con- sideration by the Board,at any meeting, any reconmendation with respect to any phase of the Country Club operation or facility. Any member of the Country Club or resident of Miami Shores Village may make written recommendations and/or complaints to the Board for its consideration. All such written recommendations and/or complaints shall be filed in the office of the Village Manager and/or the office of the Country Club Manager and shall thereupon be referred to the Board for consideration. No recommendation or complaint shall be considered by the Village Council, Village Manager or any department head until it has been first referred to and reviewed by the Board. Any action or deferral of action upon any recommendation and/or complaint to the Board shall be noted in the minutes of the meeting of the Board. In instances where recommendations are approved by the Board and/or complaints which the Board determines valid can be augmented or rectified without violating any policy established by the Village Council or without affecting the budget as adopted by the Council the same shall be made by the Board with the respective department head or heads involved and shall be implemented by them. Any other action shall be forwarded to the Village Council with the recommendation of the Board. -3- Section 9. The Board shall have no authority over any department head or employee of the Village. It may make recom- mendations to the Village Manager with respect to employment, retention and/or discharge of employees. The Board shall have no responsibility nor authority with respect to membership in the Country Club. However, it shall be the duty of the Board to review ordinances pertaining to membership and fee schedules and make recommendations to the Village Council with respect thereto. Section 10. The provisions of this Ordinance shall not repeal or in any manner abrogate any provisions of any other ordinances pertaining to the Country Club; provided, however, any bylaws of the Miami Shores Country Club Association, Women' s Golf Association, Men' s Golf Association, Swimming Association and/or Tennis Association approved or sanctioned by ordinance, resolution, or other action of the Village Council in conflict herewith are hereby declared of no further force and effect. Section 11. The Council hereby finds and determines that there is immediate necessity for the adoption of this ordinance so that subsequent steps as required by law can be had. It is hereby accordingly found that this ordinance should be passed as an emergency measure, which is hereby ordained. PASSED and ADOPTED on first reading this 6th day of January 1976. Mayor ATTEST: Villag e Clerk -4- �Aj