Loading...
Ordinance 90-2695 ORDINANCE NO. 90-2695 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 41, ARTICLE VI, SECTION 41-68 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, SO AS TO ESTABLISH THE VISITOR AND CONVENTION AUTHORITY AS THE CITY OF MIAMI BEACH'S LOCAL ARTS AGENCY; AND AUTHORIZING THE VCA TO DEVELOP, COORDINATE AND PROMOTE CULTURAL AFFAIRS; AND SEEK AND DISTRIBUTE ADDITIONAL PUBLIC AND PRIVATE FUNDS FOR CULTURAL ARTS PURPOSES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 41-68 entitled "Powers and Duties" of Chapter 41, Article VI entitled "Visitor and Convention Authority" , is hereby amended to read as follows: Sec. 41-68 Powers and Duties of Authority as the City' s Local Arts Agency. The authority shall as the City of Miami Beach' s local arts agency, have the following powers and duties: (a) To make all necessary rules and regulations for the efficient operations of the authority in conformance with all applicable law. (b) To take all necessary and proper action to promote the tourist industry for the city, including, but not restricted to, causing expert studies to be made, promotional programs, the recommendations and development of tourist attractions and facilities within the city, and to carry out programs of information, special events, convention sales and marketing, and advertising designed to attract tourists, visitors and other interested persons; provided, that no contract or agreement for advertising services awarded by the authority shall be valid or effective, unless the same shall have been made pursuant to competitive presentation, in conjunction with visual presentation of proposed advertising programs developing, coordinating and promoting cultural affairs and seeking and distributing additional public and private funds for cultural arts purposes. (c) The city council commission shall have exclusive jurisdiction and power pertaining to the construction and expansion of all capital improvements, and the operation and maintenance of all capital facilities and improvements. (d) All purchasing contracts shall be in accordance with procedures required by the ordinances of the city or by general law. All purchasing and purchasing contracts shall be made or entered into only through the city and its purchasing division. 1 (e) To annually prepare and submit a budget for the expenditures of the portion of the resort tax provided for in Article V of this chapter, or any future amendment thereof, allocated to the authority, as hereinafter provided. The budget prepared and submitted by the authority to the city commission shall specify, with particularity, the expenditures anticipated and proposed to be made by the authority, and no budgetary provisions shall be made in broad or all-inclusive terms, and such proposed budget shall be in conformity with the requirements for a "line- by-line" budget. A sum not to exceed twenty percent of the total annual budget may be placed in an "Event Contingency Fund" , to be expended by the authority during the budget period for events and projects authorized subsequent to passage and approval of the budget, and which will occur within one year from date of authorization thereof. (1) Subject to the limitations contained in paragraph (3) below with respect to the rights of bondholders, commencing October 1988, fifty percent of the resort tax monies collected by the city in each month on or after October 1988 shall be prorated, allocated and appropriated for the authority. The resort tax receipts allocated to the authority shall be distributed and paid to the authority on or before the twentieth day of the month immediately following the month of collection thereof in the following manner. Twenty-five percent of the total collections for the months of October, November, December, the remaining twenty-five percent to be paid as hereinafter set forth; Forty percent of the total collections for the months of January, February and March, the remaining ten percent to be paid as hereinafter set forth; Fifty percent of the total collection in each of the remaining months of the fiscal year; On or before May 31st of each year the portion of collections withheld and not paid during the prior months of October through March shall be distributed and paid to the authority; On or before October 31st of each year any remaining funds due to the authority from the prior fiscal year shall be distributed and paid to the authority; (2) Subject to the limitations contained in paragraph (3) below with respect to the rights of bondholders, the authority' s percentage of past due taxes shall be paid to the authority within thirty days after collected in the manner provided for current collections. (3) Notwithstanding the foregoing, all such payments shall be junior and subordinate in all respects to any and all obligations of the city under any ordinances and resolutions pursuant to which the city issues bonds or other indebtedness secured by the resort 2 tax provided for in Article V of this chapter or any future amendment thereof. (f) Any applicable percentage allocation of special funds to the authority as herein detailed shall apply to the total net special funds receipts in any given period. (g) The city finance director shall be responsible for making such debits and credits between the city and the Miami Beach tourist development autority Visitor and Convention Authority with reference to any disbursements or distributions made between October 1, 1969 and the effective date of this article as to achieve the percentages hereinabove set forth. (h) To take all action which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested in the authority by law. (i) The provisions of the "Conflict of Interest Ordinance" of the city shall be considered a part of this article. (Ord. No. 1779, § 7 ; Ord. No. 1885, §§ 1, 2 ; Ord. No. 78-2122 , § 1; Ord. No. 83-2368 , §1; Ord. No. 88-2629, §1. ) SECTION 2 . REPEALER All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY 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. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on June 30 , 1990. PASSED and ADOPTED this 20th day of June , 1990. ATTEST: &214-7/- Adiededid:, 41111 CITY CLERK ' MAYOR 1st reading 6/6/90 2nd reading 6/20/90 JKO/jcl FORM APPROVED LEGAL DEPT By Date ____ELLIL_ 3 # ,NC01111. OtlTCD!It `CH 2 6,,,,, Miami Beach Visitor 6-Convention Authority 555 Seventeenth Street,Miami Beach,Florida 33139,U.S.A. June 28 , 1990 Mr. Rob W. Parkins, City Manager 1700 Convention Center Drive Miami Beach, FL 33139 Dear Rob: At the VCA meeting of February 27 , 1990 , the following action was taken: Mr. Weisburd moved to request the City of Miami Beach to designate the Miami Beach Visitor & Convention Authority as its official local cultural agency for the purpose of seeking state and federal grants. The Motion was seconded by Mr. Lorber and carried unanimously. Sincerely, Ltk A • Eric Ja.obs Chairman Executive Director:(305)673-7080/Convention Bureau:673-7060/Marketing Division:673-7070/News and Publicity Bureau:673-7083 Finance Division:673-7050 Telex:512316/Cable:MBTOURIST • Irk eat, (4im ear .\PMI Bfq, FLORIDA 3 3 1 3 9 '"`°p °RATE°)* VACATIONLANU U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. -11.e, I0 DATE: June 6 , 1990 TO: Mayor Alex Daoud - • Members of t• ity Comm' si• FROM: Rob W. Par ins 11 City Manager ,4,1% SUBJECT: DESIGNATIONOF MIAMI BEACH VISITOR AND CONVENTION AUTHORITY AS THE CITY OF MIAMI BEACH'S OFFICIAL LOCAL ARTS AGENCY The Miami Beach Visitor and Convention Authority has been operating a Cultural Arts and Special Events Grants Program for the City for a number of years. This program is funded through resort tax with a contribution from the City's share of $200, 000, a contribution from the VCA share of $250,000 and for 1989/90 Fiscal Year an additional contribution from the Bureau's share of $200,000. It has come to the VCA members attention that if the VCA was designated the City's local arts agency, grant funds could be obtained from Dade County as well as the National Endowment for the Arts and other regional and state funding organizations. In addition, private foundations and corporations have funds available to provide support to local arts agencies which are official units of a city or county. The concept is to leverage the existing funds through matching grants from these organizations, thereby providing for a large sum of money for distribution through the Miami Beach Cultural Arts and Special Event Program. This item was requested by the VCA and has been approved by its members. ADMINISTRATION RECOMMENDATION The City Administration recommends that the City Commission approve the attached ordinance. RWP:CBT: jh Attachment (1741 5 AGENDAS 3 ITEM DATE 6 7Z-96 - A cd E I O 'C7 cd N 4 J Ch U O O Cd cd •H ._eV C/) fm4 'Cl 0 4-) a) P, I q +- a) • cd , cd cd a) Tl W 7� H • d-) G CO G U ai •H C7 •r1 Cd U) • • CL, 4O U W U G U A. z rH • •r1 a) O Cd H P U U U) ,n O r I it ri rl U n LL a) U1 OD O m r-I 4-4 +-1 4-I cd cd O CU 4-1 H U) cdO r.1 W m v rl Cd d r4 0 P v r-4 4.1 W O 4n cd cd ++ v ,.0 4 0 - b 4J Cd —1 4) U 4) a) >~ O J 0 N O r--1 U +- 0-0 41 O •rl 0 0 O 4-1 +1 (1) N a) 4 44 •r1 >-..' - ..0 4-.1 •rl %.O cd U E +) b 4! I 0 0 a) 0 -4 rl