HomeMy WebLinkAbout98-3116 ORD ORDINANCE NO. 98-3116
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING MIAMI BEACH CITY
CODE CFL4~PTER 41, ARTICLE VI, ENTITLED "VISITOR AND
CONVENTION AUTHORITY," THEREOF; CREATING AND
ESTABLISHING THE "MIAMI BEACH TOURISbl DEVELOPblENT
BOARD;" PROVIDING FOR THE COMPOSITION, QUALIFICATIONS,
APPOINTMENT, TER3,I AND REMOVAL OF MEMBERS; PROVIDING
FOR THE ORGANIZATION OF THE BOARD; PROVIDING FOR STAFF
SUPPORT; SEITING FORTH THE POWERS AND DUTIES OF THE
BOARD; PROVIDING FOR A BUDGET AaND EXPENDITURE OF FL'~'DS;
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 Ci.ty Code Chapter 41, Article VI, Section 41-63, et. seq.; and
WHEREAS, the Mayor and City Commission wish to amend Miami Beach Citv Code
Chapter 41, Article VI, entitled "Visitor and Convention Authority.," to create a new' tourism
development authori¢-, 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
COMblISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CITY CODE CHAPTER 41, ARTICLE VI
That Miami Beach City Code Chapter 4I, Article VI, entitled "Visitor and
Convention Author/v,.-," is hereby amended to read as follows:
CHAPTER 41. TAXATION
Article VI. xr:~:. ,o,,0, ..... --..~ .~v....~.,v.r' ....... :-- .-...,.v....~' "'"~-:"' Miami Beach Tourism Development Board
Sec. 41-63. Created.
There is hereby created and established ancw tour/sm development authoriLy
to be known as the Miami Beach '.':~: ..... '~ "' ....... :^- ~"'~'~-:"' Tourism
Development Board (Board).
205
Sec. 41-64. Membership.
The ....~---: .-
........ tx- Board shall consist of seven (7) members_.~
~t Ci'/N,2 ....... * :-* .... :~- ......... rt.:l:,-., ~_~1
............. · :, or ~n;' ~-w,w .......... , .....~ounccs ..... ~ ......~ ,~, public
........................ ~ ................ == The City Commission may initially,
follo~Sn~ the e~ective date of this Ordinance, or at any time therea~er by adoptiou
gfa resolution, decl~e itself to be ~e membership of the Bo~d, in which c~e ~1 thc
rights, powers, duties. ~d p~vileges, vested by this Ordin~ce in the Board ~511
xested in the CiW Co~ission, subject to all responsibilities and liabilities imposml
~r incu~ed: provided however, that nothing in this Ordinance shall ~her prevent
~he Ci~' Commission from appointing individuals other than the Mayor ~d
Go~ission to the membership of~e Bo~d. In the event ~at the CiW Co~ission
appoints individuals o~er th~ themselves to the Bo~d, ~Ihe seven members
~ ~o~d shall be representative of~e co~~ ~ follows: N;t less th~
two nor more th~ t~ee members shall be representative of the hotel indust~;
· e rem~g membe}s, none of whom shall be representative of ~e hotel indus.-,
shall represent the co~W at l~ge. zM% .... a~- .e.u ..... u_.: ..... ,
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, iCi:he members of the m:mhor~- Board shall be appointed by
a ma3on¢' vote oft. he eCiL'y eotmei4 _Commission in the follow/no manner:
(Four 124.j members shall be appointed for a period of two years, and three
members shall be appointed for a period of one year. ~ ~ ...,_i ....... .
......... sa,mc ....................... ~..No Board member mav serve more than six
2
206
(6) consecutive years. No Board member who serves the maximum prescribed term
limitation shall be appointed to the Board during tl~e two (2) consecutive year period
following the expiration of his/her term. Vacancies occurring shall be filled by
appointment oft. he eC_ityy ¢o"~n¢iI Commission for the unexpired period, in the same
manner as the original appointmenb, bv the City Commission at tar~e, x r._t.__
41-66. Removal of Members.
Anv member of the .... ~---: -
........ t} Board may be removed from office by' four-
sc;'cnth3 a major/%' vote of the eC_ity co"~cil Commission for malfeas~ce,
misfeas~ce, or nonfeas~ce in office, upon specific ch~ges filed with the ~ity
council Commission. However, before a member may be removed, he must be
se~ed M~ a copy of the ch~ges filed against him or her at least ten days before
action ~ereon by ~e ~i~ co'&ncil Co~ission ~d given ~ oppo~ to be he~d
~ person, or by co,scl, at a public hemng, if requested in ~ting. ~
automatically removed if he/she fails to anend t~ee (3) meetings ~Sthin a pehod of
one (15 calend~ ve~.
Sec. 41-67. ~ .Quorum, Organization, StaffSupport.
The Board v-ill elect armuallv one of its members to be its chairperson, and
another as vice-chairperson.
.F.,our (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.
207
.......................... ~ ............... ~ Board sh~l conduct its meetings at le~t
once a month ~d due public notice of the holding of such meetings shall be given.
Within budget limitations, as set forth in an appropriate budget document, the
~ Citv Manaoer may appoint or employ such employees as may be necessary
for the proper performance of the duties and functions and the efficient operation of
.................... j ....... ~e~, subject to thc approval of thc
,~ ......... ~ .............. ty City Commission.
Sec. 41-68.
Po~vers and duties of~ Board as the e_Ci .ty's local a~t-s tourism
agency.
The ~ Board shall, as the City of Miami Beach's local a,"ta tourism
agency', have the following powers and duties:
208
(a)To make all necessarv rules and regulations for the efficient operations of
the authorit?' in conformance with all applicable lz~w.
(b) To take all necessary and proper action to promote the tourist industry for
the eC_ity, including~ but not restricted to~ causing expert studies to be made.
promotional progarns, the recommendations and development of tourist attractions
and facilities within the eC_ity, and to carry out programs of int~brmation, special
events, convention sales and marketing, advertising designed to attract tourists.
visitors and other interested persons.; ..... :.,_.~ .t.
(c) The eC_ity eC_ommission 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 eC_ity or by general law. All purchasing and purchasing
contracts shall be made or entered into only through the eC_ity and its
Procurement e}Division.
(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 .... '---' -
....... ~ Board, as hereinafter provided. The
budget prepared and submitted by the aunhori~-' Board to the eC_ity eC_ommission
shall specify, with particularity, the expenditures anticipated and proposed to be
made by the a'a*&ofi' Board;:, -,~d nt'X_o budgetary provisions shall be ma.de 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 twen .ty percent of the
total annual budget miy be placed in an "Event Contingency Fund", to be expended
by the ~ 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 parag-raph (~4_) below with respect
to the rights of bondholders, commencing October 1988, fifty percent of the resort
tax monies collected by the eC_ity in each month on or after October 1988 shall be
prorated, allocated and appropriated for the mmt,todiy Board. The resort tax receipts
allocated to the .... ~-
........ .r Board shall be distributed and paid to the .... '-
........ : .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, Februao.. and
March, the remaining ten percent to be paid as hereinafter set forth;
209
Fifty. percent of the total collections in each of the remaining months of the
fiscal year;
On or before May 3 Ist of each year the portion of collections ~vithheld and
not pa/d during the prior months of October through March shall be distributed and
paid to the .... ~---: .'
..... o,,tv Board;
(2) Subject to the limitations contained in para~aph (34_) below with reseect
to the rights of bondholders, thc .authc, Nt~ Board's percentage of past due taxes shall
be paid to the ~ _Board within thirty, days after collected in the manner
provided for current collections.
3 Sub'ect to the limitations contained in ara,~ra h 4~ below with res ect
to the rights of bondholders, the Board shall annually allocate and appropriate a sum,
i.n 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 artick,
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 ma~,
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
funds, to be used by the Board and the Council for joint cultural tourism funding, and
!o be mutually coordinated and administered by the Board and the Council. The Cirv
Finance Director shall be responsible for making such debits and credits between th~:
Board and the Council with reference to any disbursements or distr/butions made fo,
said annual grant, including the aforestated set aside, and in order to achieve th~:
percentages set forth in this parag-raph 3. The annual grant shall be administered
t_he Council for funding consistent with cultural arts related purposes, and in
accordance with Chapter 67-9.30, Laws of Florida, the Council's mission statement.
_as set forth in City of Miami Beach Ordinance No. 97-3075, and its Master Plan. a:~
.same is approved by'the City Commission. The Board shall retain the remainin.o
amount, equal to no less than thirty-five percent of its annual budaet, to be allocated
t_o the Board for funding consistent with tourism related functions and the promotio~
of tourism in the City, in accordance with the powers and duties of the Board as set
..forth herein and Chapter t57-930, Laws of Florida.
(34_) Notwithstanding the foregoing, all such payments shall be junior and
subordinate in all respects to any and all obligations of the eC~i,ty under anv
ordinances and resolutions pursuant to which the eC_ity issues bonds or other
indebtedness secured by the resort tax provided for in article V of th. is chapter or any
future amendment thereof.
(f) Any applicable percentage allocation of special funds to the .... =~-: .
Board as herein detailed shall apply to the total net special fund receipts in anv given
per/od.
210
fDf. g] To take all action which shall be necessary and proper for carrying into
execution the foregoing powers and all other po4;ers vested in the ....~-~-: ,'
-~..,,~.t'~ ..Board
by law.
Sec. 41-69. Budget; expenditure of funds.
The a',:'dlof,7/Board shall not have the power to expend funds, or obligate the
eC_ity for any amount in excess of that provided for in the current budget of the
~ Board, except as expressly provided herein ...... ~ ................... : iT, ay
,-,~,.,, iDLO ~,,vu~,.~.~,*l COlT~'Td[iT~C~t3,l:- *~t~.,t,., ~ ............ 2'''~4° ~c .......... ,.,,~u*~-~,~lo: ..... o.~l~': C;'Cii~$
................ ~ .......a ~.~ .......... ~ i:cmi~ng ~I ........ ~. r~vcnuc ~d
~,,v .....................s ......: .... , ...... ~ ......... In the event that the
~i~ Co~ission appoints indi~d=ls o~er ~ itself to ~e Bo~d, the Bo~d shaIl
prep~e <d submit its budget to the Office of Management and Budget each fiscal
year for the period be~een October 1 t~ough September 30. ~e Bond's budget
shall be approved by the Mayor ~d Ci~ Co~ission t~ough the no~al budget
process. In the event that the Ciw Commission is acting ~ the membership of the
Board, the Ci~ Adminis~ation shall prep~e ~d submit the Board's budget. ~e
~ Bo~d sh~l'not expend ~ or Mc~ =y liabiliw wMch is not au~ohzed
or provided for N its c~ent budget, or in ~y ~endment ~ereto. except as
expressly provided herein. ~" ...... ~: ....... ~ .... t ..... t~z .... ~.t:_ ·
211
Sec. 41-70.
Counsel.
_The City Attorney's Office shall provide legal services to the Board.
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 mav be renumbered
or relertered 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. ..S. EVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held inv. alid, 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 5/7tbs 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 ,1998.
ATTEST:
MAYOR
CITY CLERK
lsc reading 3/18/98
2nd reading
212
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUT/ON
City of Miami Beach - City Clerk's Office
Folio Version 215
April 1, 1998 1 REGULAR AGENDA / R5 - Ordinances
R5B Commission Memorandum No. 199-98
An Ordinance 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. 10:30 a.m. Public Hearing,
Second and Final Readin~
Administration Recommendation: Adopt the Ordinance.
(City Manager's Office)
(First Reading 3/18/98)
ACTION: Public hearing opened. Discussion held. Motion was made by Commissioner Liebman to
adopt the ordinance; seconded by Commissioner Gottlieb. Vice-Mayor Dermer made a motion to defer;
seconded by Commissioner Smith; vote: 4 in favor (Vice-Mayor Dermer and Commissioners Cruz,
Shapiro and Smith): 3 opposed: Mayor Kasdin and Commissioners Gottlieb and Liebman). Because this
item was 2nd reading and an advertised public hearing, the City Clerk request the item be continued
rather than deferred to save the cost of advertising. Commissioner Cruz requested a reconsideration of
the motion to defer. Discussion held to change the defer to open & continue the public hearing to May
6th; Motion by Vice-Mayor Dermer; seconded by Commissioner Smith; vote: 3 in favor (Vice-Mayor
Dermer and Commissioners Shapiro and Smith); 4 opposed: (Mayor Kasdin and Commissioners Cruz,
Gottlieb, and Liebman); motion to open and continue failed. Vote called on Commissioner Liebman's
motion to adopt the ordinance; 6-1; Vice-Mayor Dermer opposed. Ordinance No. 98-3116 adopted.
Mayra Diaz Buttacavoli to handle.
City Clerk's note 5/26/98: Although the City Commission passed ordinance 98-3116, the VCA did not
pass the necessary legislation abolishing the VCA.
"Pursuant to Chapter 67-930, Laws of Florida, Section 8 thereof, this Ordinance shall take effect upon
the adoption by 5/7 vote of the Mayor and City Commission, plus a 4/5 vote of the Miami Beach Visitor
and Convention Authority (VCA).".
Prepared by the City Clerk's Office
Date Printed: 01/30/2006 Time Printed: 3:51:27 PM
Source Database: F:\CLER\HATL\Folio4.2\Clerk215.nfo