Ordinance 1885ORDINANCE NO. 1885
AN ORDINANCE AMENDING CHAPTER 41 OF "THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA,"
RELATING TO THE TOURIST DEVELOPMENT AUTHORITY
OF THE CITY OF MIAMI BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. That Section 41.68(b) of "The Code of the City of
Miami Beach, Florida," be and the same is hereby
amended to read as follows:
(b) To take all necessary and proper action to
promote the tourist industry for the City of Miami
Beach, including but not restricted to causing
expert studies to be made, promotional programs,
the recommendations and development of tourist at-
tractions and facilities within the City of Miami
Beach, and to carry out programs of information,
special events, convention sales and marketing;
and advertising designed to attract tourists, visi-
tors, and other interested persons. Provided,
however, that no contract or agreement for adver-
tising services awarded by the Authority shall be
valid or effective, unless the same shall have been
made pursuant to competitive presentation, in con-
junction with visual presentation of proposed adver-
tising programs."
Section 2. That Section 41.68(e) of "The Code of the City of
Miami Beach, Florida," be and the same is hereby
amended to read as follows:
"(e) To annually prepare and submit a budget for
the expenditures of that portion of the Resort Tax
provided for in Article V, Section 41.46, or any
future amendment thereof, of The Code of the City of
Miami Beach, Florida, 1964, allocated to the Authority,
as hereinafter provided. The budget prepared and sub-
mitted by the Authority to the City Council shall specify,
with particularity, the expenditures anticipated and
proposed to be made by the Authority, and no budgetary
provisions shall be made in broad or all-inclusive terms;
and said proposed budget shall be in conformity with the
requirements for a 'line -by-line' budget. A sum not to
exceed 20% of the total annual budget may be placed in
an 'Event Contingency Fund' to be expended by the Authority
during the budget period for events and projects authorized
subsequent to passage and approval of the budget, and
which will occur within one (1) year from date of authori-
zation thereof. Commencing October 1, 1970, Resort Tax
monies collected after October 1, 1970 shall be prorated,
allocated, and appropriated for the Authority as follows:
"(1) If the annual fund collected does not exceed
$2,500,000.00, then not less than 25% of such
fund is hereby allocated to the Authority.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"(2) If the annual fund collected exceeds
$2,500,000.00, but does not exceed
$3,000,000.00, then not less than 40%
of the total sum collected is hereby allocated
to the Authority.
(3) If the annual fund collected exceeds
$3,000,000.00, and amounts to $3,000,001.00,
but does not exceed $3,050,000.00, then not
less than 45% of the total sum collected is
hereby allocated to the Authority.
(4) If the annual fund collected exceeds $3,050,000.00,
then not less than 50% of the total sum collected
is hereby allocated to the Authority.
(5) The monthly allocations of Resort Tax receipts
to the Authority herein provided shall be dis-
tributed and paid to the Authority on or before
the tenth day of the month immediately following
the month of collection thereof in proportion
to its approved budget, provided, however, such
payments shall be subordinate to the City's coven-
ants with its bondholders under its Resort Tax
Bond indenture.
(6) The Authority's per cent of past due taxes shall
be paid to the Authority within thirty (30) days
after collected."
Section 3. That Section 41.69 of "The Code of the City of Miami
Beach, Florida", be and the same is hereby amended
to read as follows:
"The Authority shall not have the power to expend
funds, or obligate the City for any amount in excess
of that provided for in the current budget of the
Authority, except that the Authority may enter into
contractual commitments in future years for conven-
tions and events scheduled in years following the
then current fiscal year. Such commitments shall
be binding upon the Authority and the City Council,
and shall be included in the budget of the Authority
in the fiscal year or years in which any payments
required to be made thereunder shall become due and
payable, The Authority may enter into commit-
ments to the City for sums to be included in future
budgets for capital improvements authorized by the
City Council, in accordance with Chapter 67-930,
Laws of Florida. Annually, on or before August 1,
the Authority shall prepare and submit to the City
Council a budget accurately itemizing all estimated
revenue and expenses for the succeeding fiscal year
beginning October 1st. The Authority shall not expend
funds or incur any liability which is not authorized
or provided for in its current budget, or in any
amendment thereto. All expenditures made by the
Authority within its current budget shall be paid out
by voucher and warrant as in the case of other municipal
expenses. The Authority shall operate within, and be
bound by, the budget as approved by the City Council,
provided, however, the Council's review and approval
of the Authority's budget shall be limited solely to
a determination of the legality of the proposed ex-
penditures."
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OFFICE
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
Section 4. This Ordinance shall become effective immediately
upon passage and posting, as required by law, and
upon the affirmative vote of a majority of the members of the
Tourist Development Authority.
PASSED and ADOPTED this 7th day of July, 1971.
Attest:
City Clerk - Finance Director
1st reading -
2nd reading -
3rd reading -
POSTED -
June 2, 1971
June 2, 1971
July 7, 1971
July 14, 1971
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
1, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1885 entitled:
AN ORDINANCE AMENDING CHAPTER 41 OF "THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA," RELATING TO THE TOURIST DEVELOPMENT AUTHORITY
OF THE CITY OF MIAMI BEACH, FLORIDA,
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 14th day of July, 1971,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 1st day of September, 1971.
City Clerk and Finance Director