2012-28047 Reso RESOLUTION NO.J 2012 -28047 i
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, OPPOSING THE USE OF ANY CONVENTION
DEVELOPMENT TAX ( "CDT ") FUNDS FOR A PURPOSE
OTHER THAN FOR CONVENTION CENTER
DEVELOPMENT, AND FURTHER OPPOSING ANY
EXPENDITURE OF SUCH CDT TAXES FOR WATER
AND SEWER INFRASTRUCTURE OR FOR ANY OTHER
PURPOSE THAT IS NOT ELIGIBLE FOR CDT FUNDING
PURSUANT TO STATE LAW.
WHEREAS, the Convention Development Tax Act ( "Act "), set forth in Section 212.0305
of the Florida Statutes, states that a principal purpose of the convention development tax is to
promote tourism and the use of hotel facilities by facilitating the improvement and construction
of convention centers; and
WHEREAS, under established Florida case law and Florida Attorney General opinions,
where the legislature prescribes the manner in which a thing should be done, it is, in effect a
prohibition against its being done in any other way and it excludes all things not expressly
mentioned; and
WHEREAS, Section 212.0305(4)(b)(2) of the Act mandates that convention
development tax ( "CDT ") revenues shall be used as follows: "a) Two - thirds of the proceeds
shall be used to extend, enlarge, and improve the largest existing publicity owned convention
center in the county," and "b) One -third of the proceeds shall be used to construct a new
multipurpose convention /coliseum /exhibition center /stadium or the maximum components
thereof as funds permit in the most populous municipality in the County," and
WHEREAS, after the completion of projects under the above- stated provisions, and
subject to whether the CDT funds initially funded projects under Section 212.0305(4)(b)(2)(a) or
(b), CDT revenues shall only be used for other specific purposes relative to convention centers,
stadiums, exhibition halls, arenas, coliseums, auditoriums, golf courses, intercity light rail, or-
parking facilities; and
WHEREAS, Section 29 -63 of the Miami -Dade County Code similarly mandates the use
of CDT funds only for Miami Beach Convention Center expansion and improvement projects,
and other purposes relative to stadiums, exhibition halls, arenas, coliseums, or auditoriums; and
WHEREAS, there is no authority in State or County law that permits the use of CDT
funds for water and sewer infrastructure projects and, therefore, the use of such funds for that
purpose is not authorized by law; and
WHEREAS, the Miami Beach Convention Center has not undergone major renovations
since 1989 and the City of Miami Beach is currently engaged in a process to renovate and
expand the Convention Center, which is South Florida's largest convention space and is
considered Miami -Dade County's third largest economic engine, behind the Airport and the Port
of Miami; and
WHEREAS, an extensively renovated Convention Center would increase its
competitiveness in the convention market, enhance the value of the land, and generate new
revenue and jobs in South Florida; and
WHEREAS, the City of Miami Beach and Miami -Dade County executed an Interlocal
Cooperation Agreement in 1996, which has been amended over the years, to provide for the
'allocation of Convention Development Tax receipts under State law; and
WHEREAS, on October 17, 2012, the Miami -Dade Infrastructure and Land Use
Committee passed a Resolution directing the Miami -Dade County Mayor, or the Mayor's
designee, to identify sources of revenue available from various sources, including Convention
Development Tax funds, in order to fund the repair, and /or replacement of deteriorating water
and sewer infrastructure within the County; and
WHEREAS, the Mayor and the City Commission of the City Miami Beach strongly
oppose the use of any Convention Development Tax funds a) for the repair or replacement of
water and sewer infrastructure in the County, as such tax funds may not lawfully be used for any
purposes other than those enumerated in the Florida Statutes and the County Code; and b) for
any other lawful purpose other than for the development of much needed renovations to the
Miami Beach Convention Center.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby oppose the use of .Convention Development Tax funds for any purpose
other than for the development of the Miami Beach Convention Center, or for any other purpose
that is not eligible for CDT funding pursuant to State law.
PASSED AND ADOPTED this ?V day of October, 2012.
ATTEST:
-o
_ Jorge R. Exposito
` Vice -Mayor
i
* INCORP ORATED:
Rafael Grana 9R.
City lerk
y Cy 26r �
FMTTO \TURN \RESOS \Convention Center.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
D J Z
r` A orney at
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
KATHIE BROOKS, INTERIM CITY MANAGER
FROM: JOSE SMITH
e
CITY ATTORN Y /
DATE: OCTOBER 24, 2 12
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING THE USE OF
ANY CONVENTION DEVELOPMENT TAX ( "CDT ") FUNDS FOR A
PURPOSE OTHER THAN FOR CONVENTION CENTER
DEVELOPMENT, AND FURTHER OPPOSING ANY EXPENDITURE
OF SUCH CDT TAXES FOR WATER AND SEWER
INFRASTRUCTURE OR FOR ANY OTHER PURPOSE THAT IS
NOT ELIGIBLE FOR CDT FUNDING PURSUANT TO STATE LAW.
Pursuant to the request of Mayor Matti Herrera Bower, the attached Resolution opposing
the use of convention development tax funds for purposes other than convention center
development and further opposing any expenditure of CDT taxes for water and sewer
infrastructure in the County, or for any other purpose that is not authorized by law, is submitted
for consideration by the City Commission.
Agenda Item ON i
Date !n -aq- 12