98-3159 ORD
ORDINANCE NO.
98-3159
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PROHIBITING THE MIAMI BEACH
REDEVELOPMENT AGENCY FROM USING MONEYS DEPOSITED TO
OR HELD IN SAID AGENCY'S REDEVELOPMENT TRUST FUNDS,
CREATED PURSUANT TO SECTION 163.387, FLORIDA STATUTES, TO
FINANCE PRIVATELY-OWNED PROJECTS, OTHER THAN THOSE
OWNED BY CERTAIN NOT -FOR-PROFIT PERSONS OR ENTITIES;
REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, as follows:
Section 1. Notwithstanding anything to the contrary contained in Chapter 163, Part III,
Florida Statutes, or any other provision of law, the Mayor and City Commission shall not pass any
ordinance or resolution authorizing the Miami Beach Redevelopment Agency (the "Agency") to use
any moneys deposited to or held in any Redevelopment Trust Fund created, established and
maintained by said Agency pursuant to Section 163.387, Florida Statutes, for any project that is
owned by, or leased to, any private person or entity, other than a person or entity designated as not-
for-profit under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, whose
principal purpose is the support, enhancement, improvement or advancement of the arts, cultural
activities or education. It is the intent of this Ordinance that moneys in the Redevelopment Trust
Fund shall be used solely to undertake and carry out public redevelopment projects authorized by
Chapter 163, Part III, Florida Statutes, which projects will be owned by the City of Miami Beach
and/or the Agency, or by the not-for-profit persons or entities enumerated above; provided, however,
that this Ordinance shall not be construed to impair the obligation of any contract to which the City
or the Agency is a party as of the date of adoption of this Ordinance, or to restrict the future
expenditure of moneys in the Redevelopment Trust Fund therefor, including, but not limited to, any
contract with the holders of any bonds or other obligations of the City or the Agency, or to comply
with any obligation the City and/or the Agency to acquire or construct parking facilities for the
Miami Beach Marina.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same
are hereby repealed.
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Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 4. It is the intention of the Mayor and City Commission of the City of Miami
Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections ofthis Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 5.
day of December
This Ordinance shall take effect ten (10) days after its adoption on the 12 t h
,1998.
PASSED on First Reading this 4th day of
November
,1998.
PASSED and ADOPTED on Second Reading this 2nd day of December
,1998.
VJ!1YOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1If~~
Attorney
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Dat8
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City of Miami Beach
Office of the Mayor and Commission
Memorandum
To:
Sergio Rodriguez
City Manager
From:
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Martin Shapiro '( Y / \ I / .
Commissioner ,; / ~
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October 28, 1998 ---
Date:
Re:
AGENDA ITEM - RDA ORDINANCE
************************************************************************
Please place on next week's commission agenda my proposed ordinance restricting the
use of RDA funds to finance private developments. The ordinance was in an earlier
agenda book.
MS:ja
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Agenda Item
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Date
City of Miami Beach
Office of the Mayor and Commission
Memorandum
To:
Murray Dubbin
City Attorney ~
Martin ShaPiro111! . ~., ~ ..
Commissioner / (j '-/
August 27, 1998
From:
Date:
Re:
AGENDA ITEM - USE OF TAX INCREMENT BONDS FOR
PRIVATE DEVELOPMENT
*************************************************************************************............
I. wish to present an ordinance to prohibit issuance of tax increment bonds for the
purpose of financing private development. This would include both land acquisition
and construction. Please draft an ordinance for the next meeting.
MS:ja
Cc: Sergio Rodriguez
City Manager
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