Ordinance 90-2695 ORDINANCE NO. 90-2695
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 41, ARTICLE VI, SECTION
41-68 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
SO AS TO ESTABLISH THE VISITOR AND CONVENTION AUTHORITY
AS THE CITY OF MIAMI BEACH'S LOCAL ARTS AGENCY; AND
AUTHORIZING THE VCA TO DEVELOP, COORDINATE AND PROMOTE
CULTURAL AFFAIRS; AND SEEK AND DISTRIBUTE ADDITIONAL
PUBLIC AND PRIVATE FUNDS FOR CULTURAL ARTS PURPOSES;
PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Section 41-68 entitled "Powers and Duties" of Chapter 41,
Article VI entitled "Visitor and Convention Authority" , is hereby
amended to read as follows:
Sec. 41-68 Powers and Duties of Authority as the City' s Local Arts
Agency.
The authority shall as the City of Miami Beach' s local arts
agency, have the following powers and duties:
(a) To make all necessary rules and regulations for the
efficient operations of the authority in conformance with all
applicable law.
(b) To take all necessary and proper action to promote the
tourist industry for the city, including, but not restricted to,
causing expert studies to be made, promotional programs, the
recommendations and development of tourist attractions and
facilities within the city, and to carry out programs of
information, special events, convention sales and marketing, and
advertising designed to attract tourists, visitors and other
interested persons; provided, that no contract or agreement for
advertising services awarded by the authority shall be valid or
effective, unless the same shall have been made pursuant to
competitive presentation, in conjunction with visual presentation
of proposed advertising programs developing, coordinating and
promoting cultural affairs and seeking and distributing additional
public and private funds for cultural arts purposes.
(c) The city council commission 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 city or by general
law. All purchasing and purchasing contracts shall be made or
entered into only through the city and its purchasing division.
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(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 authority, as hereinafter provided. The budget
prepared and submitted by the authority to the city commission
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 such proposed
budget shall be in conformity with the requirements for a "line-
by-line" budget. A sum not to exceed twenty percent 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 year from date of
authorization thereof.
(1) Subject to the limitations contained in paragraph (3) below
with respect to the rights of bondholders, commencing October 1988,
fifty percent of the resort tax monies collected by the city in
each month on or after October 1988 shall be prorated, allocated
and appropriated for the authority. The resort tax receipts
allocated to the authority shall be distributed and paid to the
authority 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, February and March, the remaining ten percent to be paid
as hereinafter set forth;
Fifty percent of the total collection in each of the remaining
months of the fiscal year;
On or before May 31st of each year the portion of collections
withheld and not paid during the prior months of October through
March shall be distributed and paid to the authority;
On or before October 31st of each year any remaining funds due
to the authority from the prior fiscal year shall be distributed
and paid to the authority;
(2) Subject to the limitations contained in paragraph (3) below
with respect to the rights of bondholders, the authority' s
percentage of past due taxes shall be paid to the authority within
thirty days after collected in the manner provided for current
collections.
(3) Notwithstanding the foregoing, all such payments shall be
junior and subordinate in all respects to any and all obligations
of the city under any ordinances and resolutions pursuant to which
the city issues bonds or other indebtedness secured by the resort
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tax provided for in Article V of this chapter or any future
amendment thereof.
(f) Any applicable percentage allocation of special funds to
the authority as herein detailed shall apply to the total net
special funds receipts in any given period.
(g) The city finance director shall be responsible for making
such debits and credits between the city and the Miami Beach
tourist development autority Visitor and Convention Authority with
reference to any disbursements or distributions made between
October 1, 1969 and the effective date of this article as to
achieve the percentages hereinabove set forth.
(h) To take all action which shall be necessary and proper for
carrying into execution the foregoing powers and all other powers
vested in the authority by law.
(i) The provisions of the "Conflict of Interest Ordinance" of
the city shall be considered a part of this article. (Ord. No.
1779, § 7 ; Ord. No. 1885, §§ 1, 2 ; Ord. No. 78-2122 , § 1; Ord. No.
83-2368 , §1; Ord. No. 88-2629, §1. )
SECTION 2 . REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY
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. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on June 30 , 1990.
PASSED and ADOPTED this 20th day of June , 1990.
ATTEST:
&214-7/- Adiededid:, 41111
CITY CLERK ' MAYOR
1st reading 6/6/90
2nd reading 6/20/90
JKO/jcl
FORM APPROVED
LEGAL DEPT
By
Date ____ELLIL_
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,NC01111. OtlTCD!It
`CH 2 6,,,,,
Miami Beach Visitor 6-Convention Authority
555 Seventeenth Street,Miami Beach,Florida 33139,U.S.A.
June 28 , 1990
Mr. Rob W. Parkins, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Rob:
At the VCA meeting of February 27 , 1990 , the following
action was taken:
Mr. Weisburd moved to request the City of
Miami Beach to designate the Miami Beach
Visitor & Convention Authority as its
official local cultural agency for the purpose
of seeking state and federal grants.
The Motion was seconded by Mr. Lorber and carried
unanimously.
Sincerely,
Ltk
A •
Eric Ja.obs
Chairman
Executive Director:(305)673-7080/Convention Bureau:673-7060/Marketing Division:673-7070/News and Publicity Bureau:673-7083
Finance Division:673-7050 Telex:512316/Cable:MBTOURIST
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eat, (4im ear
.\PMI Bfq, FLORIDA 3 3 1 3 9
'"`°p °RATE°)* VACATIONLANU U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. -11.e, I0
DATE: June 6 , 1990
TO: Mayor Alex Daoud - •
Members of t• ity Comm' si•
FROM: Rob W. Par ins 11
City Manager ,4,1%
SUBJECT: DESIGNATIONOF MIAMI BEACH VISITOR AND CONVENTION
AUTHORITY AS THE CITY OF MIAMI BEACH'S OFFICIAL LOCAL
ARTS AGENCY
The Miami Beach Visitor and Convention Authority has been operating
a Cultural Arts and Special Events Grants Program for the City for
a number of years. This program is funded through resort tax with
a contribution from the City's share of $200, 000, a contribution
from the VCA share of $250,000 and for 1989/90 Fiscal Year an
additional contribution from the Bureau's share of $200,000. It
has come to the VCA members attention that if the VCA was
designated the City's local arts agency, grant funds could be
obtained from Dade County as well as the National Endowment for the
Arts and other regional and state funding organizations. In
addition, private foundations and corporations have funds available
to provide support to local arts agencies which are official units
of a city or county. The concept is to leverage the existing funds
through matching grants from these organizations, thereby providing
for a large sum of money for distribution through the Miami Beach
Cultural Arts and Special Event Program.
This item was requested by the VCA and has been approved by its
members.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission approve
the attached ordinance.
RWP:CBT: jh
Attachment
(1741
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AGENDAS 3
ITEM
DATE 6 7Z-96
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