309-98 RDA
RESOLUTION NO. 309-98
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDELOPMENT AGENCY PROHIBITING SAID AGENCY FROM
USING MONEYS DEPOSITED TO OR HELD IN SAID AGENCY'S
REDEVELOPMENT TRUST FUNDS, CREATED PURSUANT TO SECTION
163.387, FLORIDA STATUTES, TO FINANCE PRIVATELY-OWNED
PROJECTS, OTHER THAN THOSE OWNED BY CERTAIN NOT-FOR-
PROFIT PERSONS OR ENTITIES; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, as follows:
Section 1. Notwithstanding anything to the contrary contained in Chapter 163, Part III,
Florida Statutes, or any other provision of law, the Chairman and Members of the Miami Beach
Redevelopment Agency (the "Agency") shall not pass any resolution authorizing the Agency to use
any moneys deposited to or held in any Redevelopment Trust Fund created, established and
maintained by said Agency pursuant to Section 163.387, Florida Statutes, for any project that is
owned by, or leased to, any private person or entity other than a person or entity designated as not-
for-profit under Section 501 (c )(3) of the Internal Revenue Code of 1986, as amended, whose
principal purpose is the support, enhancement, improvement or advancement of the arts, cultural
activities or education. It is the intent of this Resolution that moneys in the Redevelopment Trust
Fund shall be used solely to undertake and carry out public redevelopment projects authorized by
Chapter 163, Part III, Florida Statutes, which projects will be owned by the City of Miami Beach
and/or the Agency, or by the not-for-profit persons or entities enumerated above; provided, however,
that this Resolution shall not be construed to impair the obligation of any contract to which the City
or the Agency is a party as of the date of adoption of this Resolution, or to restrict the future
expenditure of moneys in the Redevelopment Trust Fund therefor, including, but not limited to, any
contract with the holders of any bonds or other obligations ofthe City or the Agency, or to comply
with any obligation the City and/or the Agency to acquire or construct parking facilities for the
Miami Beach Marina.
Section 2. All resolutions or parts thereof in conflict herewith be and the same are hereby
repealed, including, but not limited to, Resolution No. 308-98.
Section 3. If any section, sentence, clause or phrase of this Resolution 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 Resolution.
Section 4.
This Resolution shall take effect immediately upon its adoption,
PASSED and ADOPTED this 16th day of
~mST: t P iUdtM
~ SECRETARY
Resolution N~. 309-98
FIA TTOILEVL IRESO&ORD\ TIF$6 ,RDA
December
m1)
CHAIRMAN
,1998.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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General Counsel
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673- 7295
Fax: (305) 673- 7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 98- 4- <it
DATE: December 16,1998
TO: Chairman and Members of the Board
of the Redevelopment Age cy
FROM: Sergio Rodriguez
Executive Director
SUBJECT: A RESOLUTIO OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY PROHIBITING SAID AGENCY
FROM USING MONEYS DEPOSITED TO OR HELD IN SAID AGENCY'S
REDEVELOPMENT TRUST FUNDS, CREATED PURSUANT TO SECTION
163.387, FLORIDA STATUTES, TO FINANCE PRIVATELY-OWNED
PROJECTS, OTHER THAN THOSE OWNED BY CERTAIN NOT-FOR-
PROFIT PERSONS OR ENTITIES; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On August 27, f998, Commissioner Martin Shapiro requested an ordinance be presented to the
Chairman and Members of the Miami Beach Redevelopment Agency (RDA) prohibiting issuance
of tax increment bonds for the purpose of financing private development. This ordinance was
referred to the Finance and Citywide Projects Committee. On October 28, 1998, Commissioner
Shapiro requested an ordinance restricting the use of RDA funds to finance private developments.
On November 4, 1998, the ordinance was amended and approved to include an exemption for
qualified not-for-profit art, cultural, and educational institutions from the provisions of this
ordinance. The second reading of the amended ordinance was approved and adopted on December
2, 1998.
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Vedevel()pment ()istlict
4 Agenda Item ~ A
Vede' Date /2 -11.o-q 8
ANAL YSIS:
A companion resolution to the aforementioned ordinance was adopted by the RDA Board on
November 4, 1998. The resolution did not include the exemption for qualified not-for-profit art,
.
cultural and educational institutions. Therefore, the purpose of this resolution is to provide for
conforming language to the ordinance that was adopted by the City Commission on December 2,
1998.
CONCLUSION:
The Redevelopment Agency Board should adopt the resolution.
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T:\AGENDA \DEC 1698\RDA \ 163 ,387
City of Miami Beach
Office of the Mayor and Commission
Memorandum
To:
Sergio Rodriguez
City Manager
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From:
Martin Shapiro
Commissioner
Date:
October 28, 1998
Re:
AGENDA ITEM - RDA ORDINANCE
************************************************************************
Please place on next week's commission agenda my proposed ordinance restricting the
use of RDA funds to fInance private developments. The ordinance was in an earlier
agenda book.
MS:ja
C~
City of Miami Beach
Office of the Mayor and Commission
Memorandum
To:
From:
Murray Dubbin
City Attorney ~
Martin Shapiro -111. . ~,\.' ,_,
Commissioner / (j \../
August 27, 1998
Date:
Re:
AGENDA ITEM - USE OF TAX INCREMENT BONDS FOR
PRIVATE DEVELOPMENT
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I. wish to present an ordinance to prohibit issuance of tax increment bonds for the
purpose of financing private development. This would include both land acquisition
and construction. Please draft an ordinance for the next meeting.
MS:ja
Cc: Sergio Rodriguez
City Manager
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