§ 2-263. Powers and duties.  


Latest version.
  • The Miami-Dade County Health Facilities Authority shall have all the powers conferred upon it by the enabling act, Part III of Chapter 154, Sections 154.201 through 154.245, Florida Statutes, incorporated herein by reference, as the same shall be amended from time to time, and by other provisions of law, including, but not limited to, Part I of Chapter 163, Sections 163.01 through 163.04, Florida Statutes, as the same shall be amended from time to time, which powers shall include, but are not limited to, the following:

    (1)

    To adopt an official seal and alter the same at its pleasure;

    (2)

    To maintain an office at such place or places in Miami-Dade County as it may designate;

    (3)

    To sue and be sued in its own name and to plead, and be impleaded;

    (4)

    To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of, any property, real or personal, improved or unimproved, for the acquisition, construction, operation or maintenance of any project;

    (5)

    To construct, acquire, own, lease, repair, maintain, extend, expand, improve, rehabilitate, renovate, furnish and equip projects and to pay all or any part of the costs thereof from the proceeds of bonds of the Authority or from any contribution, gift, or donation or other funds made available to the Authority for such purpose;

    (6)

    To make and execute agreements of lease, contracts, deeds, mortgages, notes and other instruments necessary or convenient in the exercise of the powers and functions conferred upon the Authority by this article;

    (7)

    To sell, lease, exchange, mortgage, transfer, or otherwise dispose of, or to grant options for any such purposes with respect to any project, or any real or personal property or interest therein;

    (8)

    To pledge or assign any money, rents, charges, fees or other revenues and any proceeds derived from sales of property, insurance, or condemnation awards;

    (9)

    To fix, charge and collect rents, fees and charges for the use of any project;

    (10)

    To issue bonds for the purpose of providing funds to pay all or any part of the cost of any project and to issue refunding bonds;

    (11)

    To employ consulting engineers, architects, surveyors, attorneys, accountants, financial experts, Executive Director, and such other employees and agents as may be necessary in its judgment and to fix their compensation;

    (12)

    To acquire existing projects and to reimburse any health facility for the cost of such project in accordance with an agreement between the Authority and the health facility; however, no such reimbursement shall exceed the total cost of the project as determined by the health facility and approved by the Authority;

    (13)

    To acquire existing projects and to refund outstanding obligations, mortgages, or advances issued, made or given by a health facility for the cost of such projects;

    (14)

    To charge to, and equitably apportion among, health facilities approved for loans, its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article;

    (15)

    To mortgage any project and the site thereof for the benefit of the holders of the bonds issued to finance such project;

    (16)

    To issue negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost of any project or projects for which a certificate of need has been obtained, or for the purpose of paying all or any part of the cost of acquiring existing or completed health facility projects. To issue negotiable bond anticipation notes and to renew the same from time to time. The maximum maturity of any anticipation note, including renewals thereof, shall not exceed five (5) years from the date of issue of the original note. The revenue bonds and notes of every issue authorized and any anticipation notes issued pursuant to this subsection shall be in accordance with the terms and provisions outlined in Section 154.219, Florida Statutes.

    (17)

    To keep a record of all its proceedings and be custodian of all books, documents and papers filed with it and of its minute book or journal and official seal. The Authority shall cause copies to be made of all its minutes and other records and documents and shall give certificates under its official seal to the effect that such copies are true copies, and all persons dealing with said Authority may rely upon such certificates.

    (18)

    To make a report to the Board of County Commissioners, within the first ninety (90) days of each calendar year, of the authority's activities for the preceding calendar year. Each such report shall set forth a complete operating and financial statement covering its operations during the year.

    (19)

    To do all things necessary to carry out the above powers and purposes of the Miami-Dade County Health Facilities Authority.

    The County Commission may, at its discretion, amend the foregoing powers and duties of the Authority as long as the amended powers and duties do not impair the contractual obligations to the holders of any bonds theretofore issued by the Authority and then outstanding.

(Ord. No. 79-92, § 4, 10-16-79; Ord. No. 89-132, § 2, 12-19-89)