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Ordinance 75-2045 THIS ORDINANCE DID NOT GO INTO EFFECT BECAUSE T.D.A. DID NOT APPROVE, APPROVAL OF BOTH COUNCIL AND T.D.A. REQUIRED, ORDINANCE NO. 75-2045 AN ORDINANCE AMENDING CHAPTER 41 OF THE CODE OF THE CITY OF MIAMI BEACH RELATING TO ALLOCATIONS TO THE TOURIST DEVELOPMENT AUTHORITY OF ANNUAL COLLECTIONS OF RESORT TAXES4 PROVIDING FOR EMERGENCY PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 41-68 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by adding an additional paragraph immediately after paragraph (e) (6) thereof, to be numbered and to read as follows: " (7) Notwithstanding the foregoing allocations , the City and the Authority may agree, commencing as of October 1, 1974 , that if the current annual fund is or will be substantially diminished because of adverse economic or extraordinary conditions thereby .so reducing the foregoing allocation due to the Authority to such extent or degree as to materially affect the operations of the Authority, the City and the Authority may agree to increase the foregoing allocation due to the Authority by such amount as shall be deemed appropriate and equitable, but provided that the amount of such increase over the foregoing allocation to the Authority shall be deemed to be a loan to the Authority by the City, and the amount of such loan shall be due and payable by the Authority to the City upon the demand of the City and the amount of such loan, without interest, shall be chargeable against the Authority' s portion of any subsequent annual fund in such amounts and times as shall be determined by the City in its discretion. " SECTION 2 : That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 : The City Council of the City of Miami Beach, Florida, having found and determined that an emergency exists within the intent and purpose of Section 9 of the Charter of the City of Miami Beach, Florida, this Ordinance is hereby adopted as an emergency measure pursuant to the provisions of said Section, and shall go into effect immediately upon its passage . PASSED and ADOPTED this 1st day of October, 1975 . Mayor Attest: City Clerk Passed and Adopted as an Emergency measure - October 1 , 1975 (The adoption of the foregoing Ordinance was requested by Vice Mayor Murray Meyerson. ) OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • ; ECEIVEj . OCT 29 1975 CITY CLERK'S DEPT. By E• MAT/Otto EXCERPT FROM MINUTES OF MIAMI BEACH TOURIST DEVELOPMENT AUTHORITY Meeting of October 16, 1975 SUBJECT: City of Miami Beach Ordinance No. 75-2045 Mr. Gray moved to reject City of Miami Beach Ordinance No. 75-2045, passed and adopted by the Miami Beach City Council on October 1, 1975, amending Chapter 41 of the Code of the City of Miami Beach relating to allocations to the Tourist Development Authority of annual collections of resort taxes. Rejection of the proposed amendment was based on the stipulation by City Council that any increase in the resort tax allocation to the Authority shall be deemed to be a loan to the Authority by the City, and the amount of such loan shall be due and payable by the Authority to the City upon demand. It was the opinion of the Authority that the loan stipulation made the amendment impractical since it would not permit use of such funds by the TDA. It was further noted that an additional allocation to TDA is not necessary at the present time, since the Authority will receive a 50 percent share of resort tax collections for the 1974-75 fiscal year under the present formula. It was also agreed that the Authority will continue to pursue with City Council a plan for equal division of resort tax revenue on a permanent basis. The Authority expressed its appreciation to the City Council for its efforts to resolve the TDA's budgetary problems. Motion seconded by Mr. Grenald and carried unanimously. I hereby certify that the above is a true and correct copy of an excerpt from the minutes of the Miami Beach Tourist Development Authority meeting of October 16, 1975, the original of which is on file in my office. • =a en, ec - . Miami Beach Tourist Development October 23, 1975 Authority • STATE OF FLORIDA COUNTY OF DADE: I , ELAINE MATTHEWS , City Clerk, in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 75-2045 entitled: AN ORDINANCE AMENDING CHAPTER 41 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO ALLOCATIONS TO THE TOURIST DEVELOPMENT AUTHORITY COLLECTIONS OF RESORT TAXES, PROVIDING FOR EMERGENCY PASSAGE. having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me at the door of the City Hall in said City on the 3rd day of October , 1975 , and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 19th day of November , 1975 . 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