Ordinance 78-2122 ORDINANCE NO. 78-2122
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH AMENDING SECTION 41-68 (E) OF THE
CODE OF THE CITY OF MIAMI BEACH PROVIDING FOR
THE ALLOCATION OF RESORT TAX MONIES TO THE
MIAMI BEACH TOURIST DEVELOPMENT AUTHORITY.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1: That Section 41-68 (e) of the Code of the City of Miami
Beach, Florida, reading as follows:
" (e) To annually prepare and submit a budget for
the expenditures of that 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 council shall
specify, with particularity, the expenditures anti-
cipated 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 Contin-
gency 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 authori-
zation thereof. Commencing October 1, 1970, resort
tax monies collected after October 1, 1970, shall be
prorated, allocated and appropriated for the authority
as follows:
(1) If the annual fund collected does not exceed
two million five hundred thousand dollars, then not
less than twenty-five percent of such fund is hereby
allocated to the authority.
(2) If the annual fund collected exceeds two
million five hundred thousand dollars but does not
exceed three million dollars, then not less than forty
percent of the total sum collected is hereby allocated
to the authority.
(3) If the annual fund collected exceeds three
million dollars, and amounts to three million one dol-
lars, but does not exceed three million fifty thousand
dollars, then not less than forty-five percent of the
total sum collected is hereby allocated to the authority.
(4) If the annual fund collected exceeds three
million fifty thousand dollars, then not less than fifty
percent of the total sum collected is hereby allocated
to the authority.
(5) The monthly allocations of resort tax receipts
to the authority herein provided shall be distributed
and paid to the authority on or before the tenth day of
the month immediately following the month of collection
thereof in proportion to its approved budget; provided,
however, such payments shall be subordinate to the city ' s
covenants with its bondholders under its resort tax bond
indenture.
(6) The authority' s percentage of past due taxes
shall be paid to the authority within thirty days after
collected. "
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
be and the same is hereby amended to read:
" (e) To annually prepare and submit a budget for
the expenditures of that 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. Commencing October 1,
1975, resort tax monies collected after October 1, 1975
shall be prorated, allocated and appropriated for the
authority as follows:
(1) Fifty percent of the total sum collected
annually is hereby allocated to the authority. In
the event the allocation of fifty percent of collec-
tions to the authority exceed the amounts which would
have been due the authority under the allocation for-
mula provided for in Ordinance 1885, the payment of
such excess sums shall be subject to the prior claims
of bondholders holding bonds issued pursuant to Reso-
lutions 12650 and 75-14745.
(2) The resort tax receipts allocated to the
authority shall be distributed and paid to the author-
ity on or before the tenth day of the month immediately
following the month of collection thereof in the fol-
lowing manner:
Twenty-five percent of the total collections
for the months of October, November and December, the
remaining twenty-five percent to be paid as herein-
after set forth;
Forty percent of the total collections for
the months of January, February and March, the remain-
ing ten percent to be paid as hereinafter set forth;
Fifty percent of the total collections in
each of the remaining months of the fiscal year;
On or before August 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;
Provided, however, all payments shall be
subordinate to the city' s covenants with its bond-
holders under its resort tax bond indenture.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
(3) 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 collec-
tions. "
SECTION 2 : All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3: This Ordinance shall go into effect upon its passage
in accordance with law.
PASSED and ADOPTED this 3rd day of May , 1978 .
Ice Mayor
Attest:
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City Clerk
1st Reading - April 19, 1978
2nd Reading - May 3, 1978
Ratified by the Tourist Development Authority - 5/18/78
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
June 1, 1978
City Manager Dodd A. Southern
City Hall
Miami Beach, Florida
Dear Mr. Southern:
At its meeting of May 18, 1978, the 'Tourist Development Authority
unanimously ratified the action taken by the City Commission on
May 3, 1978, to amend the City Code relative to the resort tax.
Attached is a portion of the minutes of this meeting, describing
the action.
Sincerely,
Phil Halpern
Interim Executive Director
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Enc.
/ cc -- Ms. Elaine Matthews, City Clerk
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Mr. Goodman, however, suggested a more positive approach, recommending
that TDA continue giving convention business to the Americana. He
suggested sending a letter to the Americana ownership, enclosing the
meeting minutes on this subject, together with statistics on the
volume of convention business TDA has given the Americana.
Mr. Grenald handed the gavel to Mr. Jacobs in order to make the
following motion:
MR. GRENALD MOVED TO RECOMMEND TO WARREN ERICKSEN THAT THE
AMERICANA HOTEL NOT BE USED WHEN ADDITIONAL HOTEL ROOMS
ARE NEEDED TO HOUSE AREA CONVENTIONS. MR. CIMENT SECONDED
THE MOTION, WITH THE AMENDMENT THAT A LETTER BE SENT TO
THE AMERICANA OWNERSHIP, ENCLOSING THE MEETING MINUTES ON
THIS SUBJECT, TOGETHER WITH STATISTICS ON THE VOLUME OF
CONVENTION BUSINESS TDA HAS GIVEN THE AMERICANA. HE ADDED
THAT THE LETTER SHOULD SUGGEST THE AMERICANA CONTACT TDA IF
AND WHEN IT CHANGES ITS POSITION. MOTION CARRIED BY A 5-1
VOTE - (MR. GOODMAN - OPPOSED) .
ADMINISTRATION
Discussion of Executive Director position
MR. JACOBS MOVED TO WRITE A LETTER TO MR. ROBERT ARONIN
OFFERING HIM THE POSITION OF EXECUTIVE DIRECTOR AND LISTING
THE FOLLOWING SPECIFICS: One-year contract with a 30-day
cancellation clause. Salary - $37, 700, plus $1,500 auto
allowance, and fringe benefits. SECONDED BY MR. KRAMER,
AND UNANIMOUSLY APPROVED.
Mr. Goodman requested that communications, job applicants, requests
for funds, or other TDA business be circulated to all Authority
members. He said members should also be informed of relevant phone
conversations.
Ratification of Resort Tax Amendments
MR. CIMENT MOVED FOR TDA TO RATIFY THE FOLLOWING CITY
COMMISSION ACTION, OF MAY 3, 1978, AS FOLLOWS:
1. Amending Resort Tax Sections of Chapter 41 .of the City
Code to improve collection procedures, reduce losses,
define persons of responsibility and liability and
strengthen violation penalties.
2. Amending Section 41-68 of the City Code as to the
allocation of resort tax collections.
MOTION SECONDED BY MR. JACOBS AND UNANIMOUSLY APPROVED./�
TDA Minutes Page 3 May 18, 1978
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