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98-3120 ORD Agenda Item R5F 3 ORDINANCE NO. 98-3120 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING SECTION 2-72.1 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, TO INCLUDE THEREIN THE LATEST AMENDMENTS TO THE SOUTH SHORE REVITALIZATION STRATEGY PLAN ADOPTED ON FEBRUARY 15, 1984; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida (the "City") on February 15, 1984 adopted the South Shore Revitalization Strategy Plan, a redevelopment plan under the provisions of Section 163.360, Florida Statutes; and WHEREAS, the City is authorized pursuant to Section 163.361 too amend as necessary its adopted redevelopment plan; and WHEREAS, the City entered into a Development Agreement dated April 17, 1986 (hereinafter the "SSDI Development Agreement") , with the Miami Beach Redevelopment Agency and the South Shore Developers, Inc. in order to resolve certain controversies and litigation involving certain property within the City, and the South Pointe Redevelopment Area; and WHEREAS, one of the Portofino Entities, East Side Partners, Ltd., is the successor in interest to South Shore Developers, Inc.; and WHEREAS, concurrently with this Ordinance, the City is amending the City of Miami Beach Year 2000 Comprehensive Plan and the South Shore Revitalization Strategy in furtherance of the terms of the SSDI Development Agreement; and WHEREAS, due to the amendments to the South Shore Revitalization Strategy, Section 2- 72.1 of the City Code should be amended to reflect the most recent South Shore Revitalization Strategy Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Section 2-72.1 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: Sec. 2-72.1 Allocation of Fund moneys. Agenda Item R5F 3 The moneys allocated to, and deposited into the fund are hereby appropriated to the Miami Beach redevelopment agency hereafter referred to as "agency," to finance the Miami Beach community redevelopment project (hereafter, referred to as "project") as authorized by the resolution of the city commission, No. 77-15283 as amended, including Ordinance No. 84-2403 and Ordinance No. 98-3119, such resolution, as amended, being adopted and made a part of this article by reference. The agency shall utilize the funds and revenues paid into and earned by the fund for all and every community redevelopment purpose delegated to it in the aforementioned resolution, as amended, and as contained in the plan for redevelopment and as provided by law, such fund shall exist for the duration of the project or until all loans, advances and indebtedness, if any, and interest thereon, incurred by the agency as a result of the project have been paid, which ever is later. Section 2. All ordinances, resolutions or parts in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 4. 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 5. This Ordinance shall become effective on the later date of the 1) effective date of those amendments to the text and future land use map of the City of Miami Beach, Florida Year 2000 Comprehensive Plan which are being processed concurrently with this Ordinance, or 2) if the above referenced amendments to the text and future land use map of the City of Miami Beach, Florida Year 2000 Comprehensive Plan are appealed, the day after all appeals have been withdrawn or resolved, as provided by law. PASSED on First Reading this ~ day of Agenda Item R5F 3 April ,1998. PASSED and ADOPTED on Second Reading this Attest: ~rp~ CITY CLERK F\A TTOILEVLIPORTOFINlORDS\R5F _30RD March 25, 1998 (8:33pm) ,1998. April APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 41; #1M/-: Cly Attorney ~~f Date