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95-21743 RESO Incomplete ~e CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-n82 COMMISSION MEMORANDUM NO. (oct 5-q S f)Q.l,~~ September 27, 1995 To: Mayor Seymour Gelber and Members of the City Commission From: Jose Garcia-Pedrosa City Manager Subject: An Ordinance Provi g for a Specific Amount Annually for the Visitor's and Convention Authori and Providing for a Collection Allowance on the Municipal Resort Tax Administrative Recommendation The Administration recommends that the Mayor and City Commission adopt this ordinance on first reading and schedule a public hearing and second reading on October 11, 1995. BacklP"ound The City has determined that the amount of funds available from the resort tax will be significantly reduced over the next several years until the tax increment in the City Center area is sufficient to service the debt for the hotel projects. This ordinance will protect the funds that have annually been allocated to the Miami Beach Visitor's and Convention Authority (VCA) who in turn remits an amount to the Greater Miami Convention and Visitor's Bureau(CVB). This ordinance specifies an annual appropriation by the City Commission that will be paid to the VCA regardless of the collections and available revenues after debt service. The ordinance also establishes a collection allowance of 4% to fund the operations of the resort tax collection section. This section of the Finance Department administers the monthly collection of the tax and is the audit and compliance section. The section annually audits over two hundred accounts to insure their compliance with the requisite City Code sections. 3133 AGENDA ITEI1 DATE R-5-A 9~'2./- q S Analvsis For this ordinance to become effective it has to be approved by a five-sevenths vote of the City Commission and a four-fifths vote of the VCA. A special meeting of the VCA has been requested to address this issue prior to the September 27 Commission meeting. The proposed effective date of the ordinance is October 1, 1995, for the start of the fiscal year. Conclusion To accomplish the fixing of the amount to be allocated to the VCA and the CVB as well as establishing a method offunding the collection effort for the tax the proposed ordinance should be adopted on first reading on September 27, 1995, and a public hearing and second reading should be scheduled on October 11, 1995. JGPIRJN/cp 384 ORDIlGRCB )10. AN' ORDIlGRCB OF THB MAYOR AJID CITY COMMISSIO)1 OF THE CITY OF MIAMI BEACH, FLORIDA, AMEJitDI)1G IIIAMI BEACH CITY CODE ARTICLE VI ENTITLED "VISITOR AJID CONVENTION AUTHORITY", SECTION 41-68 "POWERS AJID DUTIES OF AUTHORITY AS THE CITY'S LOCAL ARTS AGDfCY", SUBSECTIO)1 (e) THEREOF BY DELETDtG LANGUAGE CO)1CERlfING FIFTY PERCENT OF RESORT TAX 1I0)1IES COLLECTED BY THE CITY BEING ALLOCATED TO THE AUTHORITY AJID SUBSTITUTB THEREFOR LANGUAGE PROVIDING THAT COMMEIl'CING OCTOBER 1, 1995, THE MAYOR AJID CITY COIIMISSION SHALL ESTABLISH A!lWAL FmlDI)1G ALLOCATIONS FOR THB AUTHORITY, TO BE SET BY A RBSOLUTIO)1 OF THE CITY COMMISSION, AJID SUCH FmlDI)1G SHALL BE PRORATBD, ALLOCATED AJID APPROPRIATED TO THB AUTHORITY; PROVIDI)1G FURTHER THAT PRIOR TO A!fY DISTRIBUTION (BUT SUBORDINATE TO IITDEBTBDHBSS SERVED BY RESORT TAX) THE CITY SHALL BE ENTITLED TO A COLLECTIO)1 FEE OF POUR PERCENT 01' ALL SUMS COLLECTED 0)1 RESORT TAXES; PROnDING FOR A REPEALER, SEVERABILITY AJID AN' EFFECTIVE DATB. BB IT ORDAI:NED BY THE MAYOR AlfJ) CITY CO!IIUSSIO)1 OF THE CITY 01' MIAMI BEACH, PLORIDA: SEeTIO)1 1. That the Miami Beach city Code Article VI entitled "Visitor and Convention Authority", Section 41-68 "Powers and duties of Authority as the city's Local Arts Agency", Subsection (e) thereof is 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: *** 385 AGENDA ~ 5.Q. ITEM - - U 1 DATE Cl-;;).l-<15 (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 b~~get 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 perce.lIt of ll.e r",sc.rt tax Dlul...i1;S collecte.d b] tl~e cill ~h 6A.,-1& &OhUl 011 OL a.ft1;.L 6~Lu~r ~ 1, 1995 and continuing each fiscal year thereafter. the City commission shall establish annual funding allocations for the authority. to be set annually by a resolution of the City Commission. and such fundina shall be ororated. allocated and appro~riated to 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: .v- 386 2 Twenty-five percent of the total collections for the months of October, November and December, the remaining twer-ty-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 collections 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; (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. .Lll. Prior to any distribution. the City shall be entitled to a collection fee of 4% of all sums collected on resort taxes. T3T III Notwithstanding the foregoing, all SttCh 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 tax provided for in article V of this chapter or any future amendment thereof. ,,"" ,. 387 3 SECTXOlf 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTXOlf 3. SRVR~a.BXLXTY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTXOlf 4. EPPECTXVE DATE. This Ordinance shall take effect on the day of , 1995. PASSED and ADOPTED this day of , 1995. . ATTEST: MAYOR . CXTY CLElUt JKO:lm A:jean\visitor.ord . FORM APPROVED ll9Al W- By 1/6:. Date ~:. i: " 388 4 . William O. Cullom President September 20, 1995 Mr. Jose Garcia-Pedrosa Manager City of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 Dear Mr. Garcia-Pedrosa: We respectfully urge your most serious consideration of the accompanying resolution. We have made such excellent progress together that.we must continue to fight those who would fragment our message. Maintaining the unity and the momentum that this unity has achieved over the past few years is the only path to our community's prosperity. We respectfully urge you to continue the prevailing level of support. Sincerely. ---- ~ William O. Cullom President . - 389 GREAnR MIAMI CHAMBER OF COMMERCE Omn,lnlernallonal Complex. 1601 Blscayne Boulevard' Miami, Florida 33132 . (305) 350-7700 . . .l~ greater "'If :~;;;:"'r of rjl' commerce RESOLUTION Whereas the Greater Miami Chamber of Commerce is an association of businesses and professions organized to create economic progress in the entire Greater Miami community; and Whereas lasting economic progress requires a united and coordinated community-wide effort; and _ Whereas a united community-wide approach to attract visitors and conventions was the underlying concept that initiated the formation of the Greater Miami Convention and Visitors Bureau more than a decade ago; and Whereas such a unified approach has been tested and deemed valid as evidenced by the continuing growth in the number of visitors to the Greater Miami and the Beaches community and by the increase in tourist related tax revenues; and Whereas it is essential that the primary objective of maintaining and expanding the business of tourism remain in sight when considering diverting tourism revenues, that were designated for this purpose, to the vast array of essential and unfunded City needs; and Whereas the successful efforts of the Greater Miami Convention and Visitors Bureau must not be curtailed by a lesser budget contribution when industry competition demands stronger presence. Now therefore be It resolved that the Greater Miami Chamber of Commerce respectfully urges the Mayor and Commissioners of the City of Miami Beach to consider the significant progress the industry has made while facing enormous and ongoing challenges and to continue the prevailing Interloeal Agreement with the Greater Miami Convention and Visitors Bureau. approved this 15th day of August, 1995. -- ....... William O. Cullom President c,-,- - ------- 390 GREATER MIAMI CHAMBER OF COMMERCE Omni Internotionol Complex. 1601 Biscayne Boulevard. Miami. ROOda 33132-1260. (305) 350-7700 SEP-21-1995 16:02 FROM GM&B HOTEL ASSOCIATION . TO 6737782 P.01 M September 21, 1995 CiLy Manager Jose Garcia-Pedrosa City of Miami Beach 1700 COllVmltion Center Drive, 4th Floor Miami Beach, FL 33139 ---- Dear Mr. ~rosa: /' On W8dnecday, Septem 20,1995 the Board oCOit'CCtors orlbc GREATER MIAMI & THE BEACHES HOTEL ASSOCIATION passed the enclosed resolutions: 1. OPPOSING any attempt to levy a one-percent (1 %) hot!!l tax for the purpose of building a new sports arena. 2. OPPOSING any attempt by the City of Miami Beach or any other interlocal partner to change the formula for sharing Resort Taxes. 3. SUPPORTING the effort to relocate the Parrot Jungle to Watson Island Cor the purpose of uliiinWninlll and cxpariding one of our greatest natural sources and tourist attractions. questionR regarding the action taken on thece three initiatives, please 'ck Hancock (374-3900) or myself. S1.Bt"ff 00: Rick Hancock. Chairman. GM&RHA .. i 391 HOT,.a.e. Miami &The Beac".. , R!'. ^~IKrION 40i ."U':CO!..:>-': RO....,l'. Si.:IT!; 10<'3. M11'l.MI nl:'."'.CHI F\.'.J1<lL>!'. 331,;9 ~I"'\I 1.\01)\\:'3553 (iOO)>H'MIAMI (;<001531.351, ()05);3t.R9H FAX SEP-21-1995 16:03 FROM GM&B HOTEL ASSOCIATION' TO 6737782 P.02 M RF.~OT UTION WHEREAS, the Greater Miami ('.onvention & Visitors Bureau (GMCVB) wu created in 1984/1985 to provide one area-wide destination sales and marketing organization Cor leisure nnd conventions ror MelrOjNlillUt Dade County, the City of Miami Beach, the City of Miami and the Village ofBal Harbour; and WHEREAS. tourism has increa.'lf!<l since 1986 and is now at record levels; and WHEREAS, the GMCVB III::WS additional sales and marketing funds; and WHEREAS, the GMCVB management in its Proposed 1995.1996 Budget has suh!;tantillny reduc.ed personnel and related costs llnd shifted those dollars into badly needed advertising and marketing budgets; and WHEREAS, the City oC Miami Beach has requested a change in the formula for sharing Resort Taxes collected on Miami Beach from the current 50"/0 sharing between the City of Miami.l'Ieacb and the GMCVBj and WHEREAS, Metropolitan Dade County from the inception of the GMCVB shares 60"/0 of its Resort Taxes it collects with the Bureau; and WHEREAS, the GMCVB ha$ done on outstanding job under diffic;ult circumslallces lIS the area wide destination sales and marketing arm for this community; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE GREATER MIAMI AND THE BEACHES HOTEL ASSOCIATION, that the City of Miami Beach I1I1d any other interlocal partner not take any action reganlill,!l Ii change in the formula 'that would impair the GMCVB's ability to provide the fullest sales and marketing services for this destination. THIS to "h day of September, 1995 f ....- ~Q" ...~.... HOrGreat.ru,ami&The...Ches . 407 LINCC'i..~..J Rc,....o, SU!l.: 10GI Ml"'MJ BEt\CH. FLOIUOA, .Hl$Y ELASS:X::;1Jij10N (:;0;)\)1-353.; i30C)SEF,.MIAMI '.8Cal\11.1;;) OOSi531.S9H FAX SEP-21-199S 16:04 FROM GM&B HOTEL ASSOCIATION - TO 6737'782 P.03 M RESOLUTION WHF.REAS, the Greater Miami and The Beachcs lIotel A5sociatioll ill an organization whose mission is to unity our industl)' countywide and to provide, through education and pl\,&U;livtl leadership, an eohanced visitor experience, thaI complements other efforts currently designed to make Greater Miami a prune world wide deRtinllnon; and, WHEREAS. the proposed re1oeation ofPalTot Jungle and Gardens to Willson Islan41s a proj<<:t ill keeping with those objectives and as such is of great importance to this association, to lht: Visitor Industry am:! to the community; and, WHEREAS, this 59 year old community asset will become a contemporary, tropical RhowcaS8 on Watson Island, creating new jobs and attracting lIUditiunal visitors; and, WHEREAS, half of those visitors will be tourists extending their stay to enjoy this premier attraction and thereby additionally benefiting the hmpitality industry and the tax base of our community_ NOW THEREFORE BE IT RESOLvED that the GREATER MIAMI It THE BEACHES HOTBL ASSOC1A'IlON enthusiastically supports the relocation of. Parrot Jungle to Watson Island and urges a pORitive response from the City of Miami Commission, all levels of government and from the citizens of the City of Miami and the surrounding communities. 20 7~ DAY OF SEPTEMBER, 1995 Ri 393 t1QTp.ater Miami aThe Beaahes . _ 407 L!NC'.JLN ROAD, :)ll!TE 10<.), MIAM! Bl::....c::I. FLORIDA 33139 . ~t~10N (:!05i5Jl.l\\.' (80~)SEF..MIAMI (SCOI,.'1-"S3 (.\O,)531-59S4 FAX SEP-21-1995 16:04 FROM GM&B HOTEL ASSOCIRTION ' TO 6737782 P.04 M RESOUITION WHEREAS there is discussion taking place regarding an initiative to plar.e IIn additional one percent (1 %) tax on hotels for the purpose of building a sports arena, and WHEREAS there currently exists a three percent (3%) convention development tax which was already used to build the existing sports arena and expand the largest convention facility in Dade County and is still beillg collected. and WHEREAS there ourrently o,osts a one percent (1%) prok5sional sporLs CaciliLy lIIX being collected in Dade County, and WHEREAS historically data indicates that RportR fadlities such as the one beins discussed for Dade County do not generate significant tourism to Dade County nor do they lletlerate signifiCClllt tourism donal~, 111111 NOW BE IT RESOLVED that the GREATER MIAMI & THE BEACHES HOtEL ASSOCIATION through action takp.n by hs Board or Directon 011 Wednesday, September 20, 1995, is opposed to any initiative that would place any additional tax on hotels ror the purpose of building a new ~pul Ls arena in Dade County, TED TIDS 1 t) '!f. DAY OF SEPTEMBER. 1995 394 Greater.'.mi&Th....ch.s I In"ION 107 l...n~C'IL.~; Ro",:'), SLiIT! 10G, l\lIAMI BSA....:r-., f1.,-)KlIJ~ 3.'139 1"'\11 (05);)1')1\1 (800);;EE-MIA"l1 (AOO);J!'J,,] POI)))!-8954 fAX . TOTAL P.04