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RESOLUTION 92-20574 • r • RESOLUTION NO. 92-20574 A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION REGARDING WHETHER SECTION 431/2 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO INCREASE, BY ONE PERCENT (1%) , THE RESORT TAX ON ROOM RENT, TO BE USED FOR: (A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND UPON RETIREMENT OF ALL DEBT RELATED THERETO, TO BE USED AS IN (B) BELOW, AND (B) 50% FOR PROMOTION OF TOURISM RELATED ACTIVITIES AND FACILITIES, AND DEVELOPING, IMPROVING AND MAINTAINING TOURISM RELATED PUBLIC FACILITIES. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7 : 00 a.m. to 7: 00 p.m. on November 3 , 1992 for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2 . That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, with Dade County' s certification of the results of said Special Election being accepted by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated and results duly accepted by said appropriate Dade County Officials. SECTION 3 . Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Dade County Election officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. SECTION 4 . Registration of persons desiring to vote in the special election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may register to vote at the City registration office located in the lobby of City Hall , 1700 Convention Center Drive, Miami Beach, Florida 33139 , each and every Wednesday until September 30, 1992 , between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other • • voter registration centers and during such times as may be provided by the Supervisor of Elections of Dade County. All questions concerning voter registration should be directed to the Dade County Elections Office, 111 Northwest 1st Street, Floor 19 , Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone: (305) 375-5553 . SECTION 5. Copies of the proposed amendment to the Miami Beach City Charter, a copy of which is attached hereto as Exhibit "B" , shall be made available to the electors at the office of the City Clerk from 9 : 00 a.m. to 5: 00 p.m. each day, Saturdays, Sundays and holidays excepted, not later than thirty days prior to the date of said election. SECTION 6. Not less than thirty days ' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. SECTION 7 . The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 : 00 A.M. UNTIL 7 : 00 P.M. ON THE 3RD DAY OF NOVEMBER, 1992 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: ONE PERCENT INCREASE IN ROOM RENT PORTION OF RESORT TAX "SHALL SECTION 432 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON ROOM RENT, TO BE USED FOR: (A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND UPON RETIREMENT OF ALL DEBT RELATED THERETO, TO BE USED AS IN (B) BELOW; (B) 50% FOR PROMOTION OF TOURISM RELATED ACTIVITIES AND FACILITIES, AND DEVELOPING, IMPROVING AND MAINTAINING TOURISM RELATED PUBLIC FACILITIES" YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 3 , 1992 , hereby called, shall be in substantially the following form, to-wit: 2 OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA SPECIAL ELECTION, NOVEMBER 3 , 1992 ONE PERCENT INCREASE IN ROOM RENT PORTION OF RESORT TAX "SHALL SECTION 432 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON ROOM RENT, TO BE USED FOR: (A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND UPON RETIREMENT OF ALL DEBT RELATED THERETO, TO BE USED AS IN (B) BELOW; (B) 50% FOR PROMOTION OF TOURISM RELATED ACTIVITIES AND FACILITIES, AND DEVELOPING, IMPROVING AND MAINTAINING TOURISM RELATED PUBLIC FACILITIES" YES NO SECTION 9 . Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Dade County, Florida. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 2nd day of Septe •-r 17,11 1992 . (//7 MAYOR ATTEST: ÔITYo FORM APPCLERK LEG L DEPT. PNB: lm By (C:\resolutions\2sec43.res) 91//P Date 090192 3 • LIST OF POLLING PLACES CITY OF MIAMI BEACH PCT. LOCATION ADDRESS ************************************************************************** 011 BISCAYNE ELEMENTARY 800 -- 77 ST 013 NORTH SHORE COMMUNITY CENTER 7275 COLLINS AVE 014 NORTH SHORE COMMUNITY CENTER 7275 COLLINS AVE 015 FAIRWAY PARK 200 FAIRWAY DR 018 NORMANDY SHORES GOLF COURSE 2401 BIARRITZ DR 019 NORMANDY ISLE MUNICIPAL POOL 1765 -- 71 ST 021 NORTH SHORE RECREATION CENTER 501 - 72 ST 022 CASABLANCA HOTEL 6345 COLLINS AVE 023 MIAMI BEACH FIRE STATION #3 5303 COLLINS AVE 024 NAUTILUS MIDDLE SCHOOL 4 301 NORTH MICHIGAN AVE 025 MIAMI BEACH FIRE STATION #3 5303 COLLI NS AVE 027 OCEAN GRANDE HOTEL 3651 COLLINS AVE 028. NORTH BEACH ELEMENTARY SCSI 4100 PRAIRIE AVE 029 TEMPLE BETH SHOLOM 4144 CHASE AVE 030 BAYSHORE GOLF COURSE 2301 ALTON RD 031 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DR 032 MIAMI BEACH PUBLIC LIBRARY -- AUDIT 2100 COLLINS AVE EXHIBIT "A" 08/04/92 CJ LIST OF POLLING PLACES CITY OF MIAMI BEACH PCT. LOCATION ADDRESS **********************************************************************3 *** 033 BARCLAY PLAZA HOTEL & APARTMENT 1940 PARK AVE 034 ONE HUNDRED LINCOLN ROAD APARTMENTS 100 LINCOLN RD 035 MIAMI BEACH GARDEN CTR 2000 CONVENTION CTR DR 036 MIAMI BEACH POLICE ATHLETIC LEAGUE 999 - 11 ST 037 MORTON TOWERS APARTMENTS 1500 BAY RD 038 MIAMI BEACH ROD & REEL CLUB 208 SOUTH HIBISCUS DR 039 FLAMINGO PARK TEEN CENTER 1000 -- 12 ST 040 ST FRANCIS DE SALES CHURCH 621 ALTON RD 041 MIAMI BEACH FIRE STATION #1 1051 JEFFERSON AVE 042 MIAMI BEACH SENIOR CENTER 610 ESPANOLA WAY 043 LA FLORA HOTEL 1238 COLLINS AVE 044 OCEAN FRONT AUDITORIUM 1001 OCEAN DR 045 SOUTH SHORE COMMUNITY CTR 833 - 6 ST 046 SOUTH SHORE COMMUNITY, CTR 833 - 6 ST 048 SOUTH POINTE PARK 1 WASHINGTON AVE 08/04/92 CJ 2 PROPOSED CHARTER AMENDMENT RE: SECTION 432 - TAX ON OCCUPANCY OF HOTELS A. Proposed Ballot Question: "SHALL SECTION 432 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON ROOM RENT, TO BE USED FOR: (A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND UPON RETIREMENT OF ALL DEBT RELATED THERETO, TO BE USED AS IN (B) BELOW; (B) 50% FOR PROMOTION OF TOURISM RELATED ACTIVITIES AND FACILITIES, AND DEVELOPING, IMPROVING AND MAINTAINING TOURISM RELATED PUBLIC FACILITIES" YES NO B. Proposed Text: Sec. 432 . Tax on occupancy of hotels, etc. , and on certain foods and beverages. The City of Miami Beach is authorized and shall have the right to impose, levy and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is for a period of eleven consecutive months or less; and upon the total sales price of all items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic beverages and/or food for consumption on the premises; said tax to be paid by the person paying the rent or paying for the food and/or alcoholic beverage herein specified and to be collected by the person renting said rooms or selling said food or alcoholic beverage for the use and benefit of the city. Sales or rentals exempted by chapter 212 , Florida Statutes 1965, shall also be exempt from the tax hereby authorized. That the total receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no event be transferred to the general fund, and that the said fund shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the following: Publicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling and processing of said tax. That the commission shall have the authority and power by ordinance to determine and fix the amount of said tax after public hearing I EXHIBIT "B" • • CITY OF MIAMI BEACH 1!!!]:::1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5 ch -92____ p TO: Mayor or Seymour Gelber and DATE: Se 2 1992 Members of the City Commission FROM: Roger M. Canto City Manager SUBJECT: A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION REGARDING WHETHER SECTION 43-1/2 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO INCREASE, BY ONE PERCENT RECOMMENDATION It is recommended that the City Commission adopt the required resolution to place on the November 3, 1992, general election a ballot question authorizing the addition of 1 percent Resort Tax as allowed under Florida Statute 67-930. BACKGROUND The City of Miami Beach, Surfside, and Bal Harbour implemented a 2 percent Resort Tax on hotel rooms and food/beverage sales in 1967 . The revenue from this tar: has grown tc an anticipated $6.75 million for Fiscal Year 1991/1992. Fifty percent of the funds (net of certain deductions) are used for promotion of tourism by the Greater Miami Convention and Visitors Bureau. The balance is used by the City of Miami Beach for various purposes. In addition, there is a 3 percent Convention Development Tax assessed against room rents utilized for the Miami Beach Convention Center and other activities. Therefore, the total tax on room rents is 11 percent comprised of 6 percent state tax (including 1/2 percent for Jackson Memorial Hospital) , 2 percent Resort Tax, and 3 percent Convention Development Tax. This amount is 1 percent less than currently being paid in the balance of Dade County as a result of the 1 percent Sports Franchise Tax assessed on behalf of the Sports Facilities Authority. ANALYSIS During the past 60 days, a number of issues have arisen regarding the various Resort Tax revenue sources as well as utilization of the funds as follows: o Commissioner Eisenberg has requested modifications to the Interlocal Agreement with the Greater Miami Convention and Visitors Bureau. The essential goal was to provide $1 million per year for the inducement package for a new Convention Center hotel. Due to the impact on the tourist industry from Hurricane Andrew, Commissioner Eisenberg made a sincere effort to work out a deferral of the discussion for 60 days. However, he was unable to achieve this goal based upon the inability of other members of governments of the Interlocal Agreement to deal with the situation at this time. continued. . AGENDA ITEM DATE ()/ �Z- 1 • not in excess of two percent, except that an additional tax of one percent (1%) may be imposed, levied and collected on the rent of every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is for a period of eleven consecutive months or less, provided that such additional one percent shall be used, subject to the rights of bondholders, (A) 50% for public incentives for convention center headquarters hotel development, and upon retirement of all debt related thereto, to be used as in (B) below, and (B) 50% for promotion of tourism related activities and facilities, and developing, improving and maintaining tourism related public facilities; provided that such additional one percent (1%) of tax shall not be imposed until such time as the City of Miami Beach has entered into an agreement with a developer for development of a convention center headquarters hotel; and provided further that the authority created pursuant to Section 8 of Chapter 67-930 shall have no right to receive any portion of such additional one percent (1%) of tax. (C:\ resolution\2sec43.res) 090192 COMMISSION MEMO -2- SEPTEMBER 2 , 1992 o Commissioner Kasdin has expressed concerns regarding the funding for quality of life and marketing activities for the tourism industry. In part, the Fiscal Year 1992/1993 budget was designed to provide additional funding by implementing a 3-year phase-out for utilizing the Resort Tax for the general fund. This will allow approximately $750, 000 to be allocated toward these activities in Fiscal Year 1992/1993 assuming that the federal and state governments provide sufficient resources related to Hurricane Andrew recovery costs. o The Visitor and Convention Authority has also expressed concern that there are insufficient funds to expand tourist-related special events. It is my understanding that the Greater Miami Convention and Visitors Bureau and the Visitor and Convention Authority (which already receives $450, 000 from the Tourist Tax) are in the process of developing an agreement to provide an additional $75, 000 annually for this purpose and that the Visitor and Convention Authority will develop new criteria to ensure that the funds are spent in tourist development-related activities. o The Wallace Roberts Todd Convention Village Study Citizens Task Force has made significant progress towards identifying sites and reviewing the components of an inducement package. There are a number of private developers who are accumulating sites which may be suitable for such a hotel. The Administration is confident that a properly developed inducement package of up to $50 million will make a convention center hotel with no less than 1, 000 rooms an achievable project. The major issue to achieve this will be the allocation of up to $5 million annually to fund the inducement package debt retirement. o The hotel industry's major concern focuses on the competitiveness of the cost of hotel rooms including taxes to the cost of other major resort areas. The new one percent Resort Tax will bring the total room tax burden to an equal amount as the rest of Dade County and is comparable to other jurisdictions such as Atlanta, Dallas, Chicago, San Francisco, and New Orleans. STRATEGY The following sequence of events could achieve the goals of all concerned without inhibiting the efforts to recover the tourism industry in light of Hurricane Andrew: 1. On September 2, 1992 , the City Commission could adopt a resolution placing on the November 3 , 1992, ballot a referendum increasing the Resort Tax on room rents (not food and beverage) by 1 percent. This would raise approximately $1.9 million annually. The ballot language recommended would allocate: (a) 50 percent of the newly available funds to the inducement package and; (b) the balance to quality of life concerns including promotion of Miami Beach tourism-related activities and the enhancement and maintenance of Miami Beach tourism facilities. The new revenues would be kept in a special fund and could not be utilized for other purposes. Assuming that the 50 percent of the new tax allocation for the inducement package would generate approximately $1 million annually, the redevelopment district to be reviewed by the City Commission in November, 1992 , and the Dade County Commission within 120 days thereafter, would generate approximately $2 . 3 million annually which 15 • COMMISSION MEMO -3- SEPTEMBER 2 , 1992 could be used for the inducement package and/or other activities, and the Greater Miami Convention and Visitors Bureau staff has agreed to forego the share of the Resort Tax revenue from the new hotel (50 percent of an estimated $1. 3 million per year) , plus place a cap on future increases in Resort Tax passed through to the Greater Miami Convention and Visitors Bureau, the following amounts would be available for the inducement package: New 1 percent Resort Tax $1.0 million Expanded redevelopment district 2. 3 million New 1, 000 room hotel 1. 3 million Reduction of future growth for Unknown the Greater Miami Convention and Visitors Bureau Total funds available for at least $4 . 6 inducement package debt million retirement 2 . The City Commission could convene a quality of life task force which would include representatives from all business, tourism, historic, economic, residential, and other segments of the community. This task force would assist the Administration and the City Commission in prioritizing funds to improve the quality of life utilizing the funds made available from 50 percent of the new 1 percent Resort Tax. Assuming that the new 1 percent tax went into effect January 1, 1993, it is anticipated that an additional $675, 000 would be available in fiscal year 1992/1993 for these purposes. 3 . The Visitor and Convention Authority, the Administration, and the various cultural and tourism-related special event users would meet to develop new rules and procedures for the utilization of Visitor and Convention Authority monies which are currently available as well ,Ff s the additional $75, 000 from the Greater Miami Convention and Visitors Bureau. 4 . The leadership of the various Miami Beach tourist development activities such as the Ocean Drive/Historic District, the hotel industry, and Lincoln Road would provide specific marketing recommendations to the Administration and City Commission regarding the need to expand awareness of Miami Beach as a destination and a retail/restaurant area. It is anticipated that approximately $250, 000 could be available for this effort during fiscal year 1992/1993 , again, assuming the majority of Hurricane Andrew expenses are reimbursed by the federal and state governments. SUMMARY Normally, a report of this nature would have substantial documentation regarding historic uses of funds, competitive factors and many other items. Due to the Hurricane Andrew recovery effort, this report is more philosophical and conceptual in nature in an effort to meet legally mandated time constraints regarding the September 2 , 1992 , need to place the referendum on the November 3 , 1992 , ballot. The goal is to provide the resources necessary to recover the tourism industry from the effects of Hurricane Andrew, continue to build necessary funds for the inducement package for the Convention Center Hotel, expand the funds available for the quality of life issues, increase marketing efforts for the various specific needs of Miami Beach and move the Visitor and Convention Authority forward in its efforts to develop additional tourism- related activities. Should the City Commission determine to schedule the referendum on November 3 , 1992 , clear direction should be given to the Administration to revise the Interlocal Agreement with the Greater Miami Convention and Visitors Bureau to achieve the limitations on future growth as well as the commitment that the tourist tax ORIGIN RESC..T.TION Nu. 9 -2uD/4 Calling for a special election to be held on November 3, 1992 for the purpose of submitting to the electorate of the City of Miami Beach a question regarding ... . whether Section 431 of the Miami Beach4, City Charter should be amended to increase, by one percent (1%) , the resort11111 1111 tax on room rent, Sr. nimmiammummis. _ . ... . ., , , . . .. . . _ _ ._, iiiimiimmum. , . . , , ... .. . - ' - , . . . ., . , . . . ....... , .. , 411111111111111 . _ .. , . ,.. 011101iiiiiii0 4110 . _ . , . . MOO . , _ . , , .- . . .