Ordinance 99-3209 ORDINANCE NO. 99-3209
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 102, ARTICLE IV, DIVISION 2, ENTITLED
"VISITOR AND CONVENTION AUTHORITY"; AMENDING
SECTION 102-252 THEREIN, ENTITLED "BUDGET;
EXPENDITURE OF FUNDS", TO ALLOW THE VISITOR
AND CONVENTION AUTHORITY TO EXPEND FUNDS FOR
AMOUNTS IN EXCESS OF THAT PROVIDED FOR IN THE
CURRENT BUDGET OF THE AUTHORITY, ALLOWING
THE AUTHORITY TO ENTER INTO MULTI-YEAR
FUNDING COMMITMENTS WITH THE CITY, FOR SUCH •
PUBLIC PURPOSES AS ARE CONSISTENT WITH AND IN
ACCORDANCE WITH LAWS OF FLORIDA, CHAPTER 67-
930; 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 City Code,Chapter 102,Article IV,Division 2, Section 102-246,et seq;and
WHEREAS, the City and the VCA recognize the need to identify and provide additional
funding to support tourism related services in the City including, but not limited to, police, fire,
sanitation, beach patrol and other services; and
WHEREAS,the City and the VCA have deemed that it is in the best interest of the City to
allocate a portion of the Resort Tax monies currently allocated to the VCA back to the City,to assist
it toward funding a portion of the aforestated tourism related services; and
WHEREAS, as both the City and the VCA agree and acknowledge that it would be
appropriate and necessary for the parties to make a multi-year funding commitment, the Mayor and
City Commission wish to amend Miami Beach City Code Chapter 102, Article IV, Division 2,
entitled"Visitor and Convention Authority"; specifically, Section 102-252 therein, entitled"Budget;
expenditure of funds",to allow the VCA to expend funds beyond those provided for in any current
budget of the Authority, for the specific purpose of entering into multi-year funding commitments
with the City for tourism related purposes, in accordance with Laws of Florida, Chapter 67-930.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CITY CODE CHAPTER 102, ARTICLE IV, DIVISION
2, SECTION 102-252.
That Miami Beach City Code Chapter 102, Article IV, Division 2, entitled "Visitor
and Convention Authority"; specifically Section 102-252 therein, entitled"Budget; expenditure of
funds" is hereby amended to read as follows;
SECTION 102-252. Budget; expenditure of funds.
The visitor and convention 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 a contractual commitments for conventions and events
scheduled in years following the then current fiscal year:,and the authority may enter into multi-year
funding commitments with the city,for public purposes consistent with and in accordance with Laws
of Florida, Chapter 67-930. Such commitment shall be binding upon the authority and the city
commission and shall be included in the budget of the authority in any and all fiscal years in which
any payments required to be made thereunder shall become due and payable. The authority may
enter into commitments to with the city for sums to be included in budgets for capital improvements
authorized by the city commission, in accordance with Laws of Florida, Chapter 67-930. Annually,
on or before August 1, the authority shall prepare and submit to the city commission a budget
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accurately itemizing all estimated revenue and expenses for the succeeding fiscal year beginning
October 1. 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,unless as otherwise provided herein.
All expenditures made by the authority within its budget shall be paid out by voucher as in the case
of other municipal expenses. The authority shall operate within, and be bound by, the budget as
approved by the city commission; provided, the commission's review and approval the authority's
budget shall be limited solely to a determination of the legality of the expenditures.
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 may be renumbered or
relettered 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. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held to be invalid, the
remainder shall not be affected by such invalidity.
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SECTION 4. EFFECTIVE DATE
Pursuant to Chapter 67-930, Laws of Florida, 1967, Section 8 thereof, this Ordinance shall
take effect upon the adoption by 5/7ths 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 6th day of October , 1999.
ATTEST:
MAYOR
APPROVED AS TO
CITY CLERK G"ORM & LANGUAGE
1st reading 9/17/99 • & FOR EXECUTION
2nd reading 10/6/99 r)
VCAMEN.W PD
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. 1 2(3•q
TO: Mayor Nelsen O.Kasdin and DATE: October 6, 1999
Members of the City Ci mission
•
FROM: Sergio Rodriguez ,
City Manager lf
SUBJECT: AN ORDIN NCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 102, ARTICLE IV, DIVISION 2, ENTITLED "VISITOR
AND CONVENTION AUTHORITY"; AMENDING SECTION 102-252
THEREIN, ENTITLED "BUDGET; EXPENDITURE OF FUNDS", TO
ALLOW THE VISITOR AND CONVENTION AUTHORITY TO EXPEND
FUNDS FOR AMOUNTS IN EXCESS OF THAT PROVIDED FOR IN THE
CURRENT BUDGET OF THE AUTHORITY, ALLOWING THE
AUTHORITY TO ENTER INTO MULTI-YEAR FUNDING
COMMITMENTS WITH THE CITY, FOR SUCH PUBLIC PURPOSES AS
ARE CONSISTENT WITH AND IN ACCORDANCE WITH LAWS OF
FLORIDA, CHAPTER 67-930; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND:
Pursuant to the recommendations of the Blue Ribbon Committee on Tourism and Conventions,and
the subsequent negotiations leading up to the approval of the new Agreement with the Greater Miami
Convention and Visitors Bureau (Bureau), the City has also been negotiating with the Visitor and
Convention Authority (VCA) regarding a funding commitment by the VCA in support of tourist-
related city services including, but not limited to Police, Fire, Sanitation, and Beach Patrol.
Accordingly,pursuant to a letter from VCA Chairperson Lisa Cole,dated September 9, 1999,to the
City Manager,the VCA proposed a commitment to grant$2,000,000 to the City's budget for tourist-
related city services, in recognition of the demands on the City's resources to maintain a first-rate
tourism infrastructure. Said funding commitment was approved by the City Commission on
September 22, 1999.
AGENDA ITEM 5 �_
DATE 0-6-9'9
Currently, the VCA Ordinance does not allow the Authority to enter into funding commitment
beyond any given budget year of the Authority. Therefore, the attached amendment to the VCA
Ordinance,would allow the Authority to enter into limited multi-year funding commitment; that is
funding commitment with the City, for public purposes in accordance with Chapter 67-930, Laws
of Florida, 1967 (that is, tourism-related purposes and services, as contemplated in this
memorandum). As the proposed amendment to the VCA Ordinance must be approved by both the
VCA and the Mayor and City Commission,the VCA discussed the proposed ordinance amendment
on September 13, 1999. However, at that time a 5/7th vote of the seven(7) VCA committee seats
was not obtained. The approval of this ordinance amendment by the City Commission will still
require approval by the VCA in the future in order for the ordinance to be enacted.
The Ordinance was approved at first reading on September 17, 1999.
SR:►-iTot d
Attachments
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