Ordinance 98-3116 ORDINANCE NO. 98-3116
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING MIAMI BEACH CITY
CODE CHAPTER 41, ARTICLE VI, ENTITLED "VISITOR AND
CONVENTION AUTHORITY," THEREOF; CREATING AND
ESTABLISHING THE "MIAMI BEACH TOURISM DEVELOPMENT
BOARD;" PROVIDING FOR THE COMPOSITION, QUALIFICATIONS,
APPOINTMENT, TERM AND REMOVAL OF MEMBERS; PROVIDING
FOR THE ORGANIZATION OF THE BOARD; PROVIDING FOR STAFF
SUPPORT; SETTING FORTH THE POWERS AND DUTIES OF THE
BOARD; PROVIDING FOR A BUDGET AND EXPENDITURE OF FUNDS;
PROVIDING FOR LEGAL COUNSEL; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the Miami Beach Visitor and Convention Authority (VCA) is a tourist
development authority established pursuant to the provisions of Chapter 67-930, Laws of Florida,
1967, and Miami Beach City Code Chapter 41, Article VI, Section 41-63, et. seq.; and
WHEREAS, the Mayor and City Commission wish to amend Miami Beach City Code
Chapter 41, Article VI, entitled "Visitor and Convention Authority," to create a new tourism
development authority, consistent with Chapter 67-930, Laws of Florida, 1967, to be known as the
"Miami Beach Tourism Development Board".
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CITY CODE CHAPTER 41, ARTICLE VI
That Miami Beach City Code Chapter 41, Article VI, entitled "Visitor and
Convention Authority," is hereby amended to read as follows:
CHAPTER 41. TAXATION
Article VI. '' ' : : : . - ; Miami Beach Tourism Development Board
Sec. 41-63. Created.
There is hereby created and established a new tourism development authority
to be known as the Miami Beach - Cerve:xfen Authority Tourism
Development Board (Board).
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Sec. 41-64. Membership.
The afathority, Board shall consist of seven (71 members_, who 3hsll b`
` -
- • ::: •• . - c• :.•:
•
the Ci: of Mi Beach, Florida and Shall a
p�ri�itti�. from voting an any matter
a.3 citizens pri-vate-?E to express their opinions east their vote?. Any rhe
the au-tl--arit�, ar : em loye.c theme€, who rrbt:of
- P X1;3 his eand7 xy for publie
have Z"a:,3 'ted d.. � .. .
kip o.`.it s:e or position forthwith. The City Commission may initially,
following the effective date of this Ordinance, or at any time thereafter by adoption
of a resolution, declare itself to be the membership of the Board, in which case all the
rights, powers, duties. and privileges. vested by this Ordinance in the Board will be
vested in the City Commission. subject to all responsibilities and liabilities imposed
or incurred: provided however. that nothing in this Ordinance shall further prevent
the Citi" Commission from appointing individuals other than the Mayor and City
Commission to the membership of the Board. In the event that the City Commission
appoints individuals other than themselves to the Board, the seven members of the
authority Board shall be representative of the community as follows: Not less than
two nor more than three members shall be representative of the hotel industry; and
the remaining members, none of whom shall be representative of the hotel industry,
shall represent the community at large. .\n' member of the authorit=y o L-ff o.-ee
Sec. 41-65. Appointment and qualifications of members; filling vacancies.
In the event that the City Commission appoints individuals other than
themselves to the Board. the members of the authority Board shall be appointed by
a majority vote of the eCity council Commission in the following manner: Ini-tial:v,
rFour (41 members shall be appointed for a period of two years, and three (31
members shall be appointed for a period of one year. . ' • - • -
from f 3 e bir;s elassifieati0n. No Board member may serve more than six
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r
(6) consecutive years. No Board member who serves the maximum prescribed term
limitation shall be appointed to the Board during the two (2) consecutive year period
following the expiration of his/her term. Vacancies occurring shall be filled by
appointment of the eCity council Commission for the unexpired period, in the same
manner as the original appointment-, by the City Commission at large. Members
"ruled by th; city eeuncil.
41-66. Removal of Members.
Any member of the authority Board may be removed from office by €our-
:-cvcntas a majority vote of the eCity council Commission for malfeasance,
misfeasance, or nonfeasance in office, upon specific charges filed with the eCity
council Commission. However, before a member may be removed, he must be
served with a copy of the charges filed against him or her at least ten days before
action thereon by the eCity council Commission and given an opportunity to be heard
in person, or by counsel, at a public hearing, if requested in writing. Such member,
st eourt action. Upon proper showing bcferc the city council that a-member of the
-- a
_ -- •- a _ • -: A Board member shall be
automatically removed if he/she fails to attend three (31 meetings within a period of
one (11 calendar year.
Sec. 41-67. 9ffiecr3 Ouorum, Organization, Staff Support.
The Board will elect annually one of its members to be its chairperson. and
another as vice-chairperson.
Four(4)members of the Board shall constitute a quorum. A majority of the
quorum is empowered to exercise all the rights and perform all the duties of the
Board.
.13 soon after appointment of the authority as may conveniently be done, the
:••- - -• -- - - - -_ -- ` ; - • -0 ,- 0 0-- 50 _.00_ .
chairman and a viec ehairrnan, whe shall serve fel' a period of twe years. TlIe
classiftcatierrs at categories. The atrtherity- shall employ a direeter, anti may appoint
director Shall have general charge of the work of the authority, and sh H direct the
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�r • , • u
from i:s €rrs-t o,in, sfd it ria rm ty tisk after the position beceme3 aeaat.
ear'.;i3c 13c she-i: be appe Tinted b the eit cet m il. The dirt-.c-tar Shall ha%e
• , • _ _ _ ;_ ; Such other dutic3 a3 may be proscribed from
- -••= , •- ccordanet with budg:tsry- provi3ion therefor. The
- - - :• ;- Board shall conduct its meetings at least
once a month and due public notice of the holding of such meetings shall be given.
Within budget limitations, as set forth in an appropriate budget document_the
direett�r City Manager may appoint or employ such employees as may be necessary
for the proper performance of the duties and functions and the efficient operation of
the aty.Board - - - : ••'--;- ; - '.,'-;'- '; -• subject to the approval of the
`.. . ;.' - •-: • ; City Commission. All crsen3 c
p 'ht-pIeyc1: by tile
•:.:• -- I: •"- -• - 3ifi service shall be entitle,: tt; all benefits,
..
appei• ret rf sceerdartce with civil scr74ec preeeck rc3 shall
- .. - • •.-.• •• w is• _ ; - _ - __
city for its employees
. `
Sec. 41-68. Powers and duties of Board as the eCitv's local arts tourism
agency.
The authority Board shall, as the City of Miami Beach's local art; tourism
agency, have the following powers and duties:
a
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(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 eCity, including, but not restricted to, causing expert studies to be made.
promotional programs, the recommendations and development
of tourist attractions
and facilities within the
eCity, and to carryprograms out programs of information, special
events, convention sales and marketing, advertising designed to attract tourists.
visitors and other interested persons., : : a, . ; -; - - -- --
;. ♦fir - - - - -- - :.. . .- : -: -- :- - : --- - - ': - - -: -'..- ': - .
public gate ands for cultural arts purposes.
(c) The eCity eCommission 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 eCity or by general law. All purchasing and purchasing
contracts shall be made or entered into only through the eCity and its purchasing
Procurement 4Division.
(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 Board, as hereinafter provided. The
budget prepared and submitted by the authority- Board to the eCity eCommission
shall specify, with particularity, the expenditures anticipated and proposed to be
made by the authority Board7.,anti r3No 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 Board subsequent to passage and approval of the budget, and which
will occur within one year form the date of authorization thereof.
(1) Subject to the limitations contained in paragraph(74) below with respect
to the rights of bondholders, commencing October 1988, fifty percent of the resort
tax monies collected by the eCity in each month on or after October 1988 shall be
prorated, allocated and appropriated for the authority Board. The resort tax receipts
allocated to the authority Board shall be distributed and paid to the authority Board
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;
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Fifty percent of the total collections 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, therior
months sof October through March shall be distributed and
paid to the outhorit;. Board;
(2) Subject to the limitations contained in paragraph (j) below with respect
to the rights of bondholders, the Board's percentage of past due taxes shall
be paid to the authority Board within thirty days after collected in the manner
provided for current collections.
(31 Subiect to the limitations contained in paragraph (4) below with respect
to the rights of bondholders, the Board shall annually allocate and appropriate a sum.
in the form of a grant, in an amount equal to no less than sixty-five percent of its
annual budget for the expenditures of the portion of resort tax provided for in article
V of this chapter, or any future amendment thereof, allocated to the Board as herein
provided, for the use and benefit of the Miami Beach Cultural Arts Council
(Council), as created by City of Miami Beach Ordinance No. 97-3075. as same may
be amended from time to time. Additionally, an annual set aside, in the amount no
less than $50,000, shall be allocated and appropriated from the aforestated grant
funds. to be used by the Board and the Council for joint cultural tourism funding. and
to be mutually coordinated and administered by the Board and the Council. The City
Finance Director shall be responsible for making such debits and credits between the
Board and the Council with reference to any disbursements or distributions made for
said annual grant. including the aforestated set aside, and in order to achieve the
percentages set forth in this paragraph 3. The annual grant shall be administered by
the Council for funding consistent with cultural arts related purposes. and in
accordance with Chapter 67-930, Laws of Florida. the Council's mission statement.
as set forth in City of Miami Beach Ordinance No. 97-3075, and its Master Plan. as
same is approved by-the City Commission. The Board shall retain the remaining
amount. equal to no less than thirty-five percent of its annual budget, to be allocated
to the Board for funding consistent with tourism related functions and the promotion
of tourism in the City, in accordance with the powers and duties of the Board as set
forth herein and Cha ter 67-930 Laws of Florida.
(4) Notwithstanding the foregoing, all such payments shall be junior and
subordinate in all respects to any and all obligations of the eCity under any
ordinances and resolutions pursuant to which the eCity issues bonds or other
indebtedness secured by the resort tax provided for in article V of this chapter or any
future amendment thereof
(1) Any applicable percentage allocation of special funds to the a r
Board as herein detailed shall apply to the total net special fund receipts in any given
period.
e aecr. the city and the Miami Beach Visitor and Convention at ho - '.yitlz
:.. - . .
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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 Board
by law.
(1) The previsions-of the "Con# ;t $f Interest Ordinanc%;" of zits shall be
cvnsi: -•cd a part of this article.
Sec. 41-69. Budget; expenditure of funds.
The a.. Board shall not have the power to expend funds, or obligate the
eCity for any amount in excess of that provided for in the current budget of the
authorit Board, except as expressly provided herein. . - : - - . -. •
• / ul I
• _ L
• • L •
_ J
submit to th; city council a budget acettrately- 3-t,-prizing all estimated revenue arid
expense €err the succeeding fiscal year .1,etg-inning October I. In the event that the
City Commission appoints individuals other than itself to the Board, the Board shall
prepare and submit its budget to the Office of Management and Budget each fiscal
year for the period between October 1 through September 30. The Board's budget
shall be approved by the Mayor and City Commission through the normal budget
process. In the event that the City Commission is acting as the membership of the
Board, the City Administration shall prepare and submit the Board's budget. The
atthority Board shall-not expend funds or incur any liability which is not authorized
or provided for in its current budget, or in any amendment thereto, except as
expressly provided herein. All expenditures made by the authority within its current
- -'• -- :• • •; - -all operate within, and be bound by, the budget as
Sec. 41-=0. Amendment, etc., of article.
- - L - = .f . of th. mcmbt.rs of the authority-, in addition to the
election by"the:"otcrsof tL city in accordance with the provisie s-of e apter 67-9:0,
La-.vs of Fl-arida. 1967.
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Sec. 41-70. Counsel.
The City Attorney's Office shall provide legal services to the Board.
preper sttrcty frdcl s bond, in amounts to be�rited ermined by the authjr ity,
SECTION 2. CODIFICATION.
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 a part of
the Code of the City of Miami Beach, Florida. The sections of this 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
Pursuant to Chapter 67-930, Laws of Florida, 1967, Section 8 thereof, this Ordinance shall
take effect upon the adoption by 5/7ths vote of the Mayor and City Commission,plus a 4/5ths vote
of the Miami Beach Visitor and Convention Authority (VCA).
PASSED and ADOPTED this (-/ day of f7 P R I 1998.
ATTEST: MAYOR
APPROVED AS TO
CITY CLERK FORM & LANGUAGE
.IAUcv
^-OUCL �SVCANEW & FOR EXECUTION
1st reading 3/18/98
2nd reading g e.
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