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HomeMy WebLinkAboutR-97-0462J-97-558 6/10/97 RESOLUTION NO. b 7" 462 A RESOLUTION ALLOCATING $5,000 FROM THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND TO THE CITY OF MIAMI COCONUT GROVE STANDING FESTIVAL COMMITTEE FOR THE PURPOSE OF COMPLETING A LANDSCAPING PROJECT ON COMMODORE PLAZA, LOCATED IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT. WHEREAS, The Coconut Grove Standing Festival Committee (Committee), which serves as an instrument of advice and recommendations to the City Commission concerning the expenditure of the Coconut Grove Special Events District Fund (Fund); and WHEREAS, a Supplementary User Fee is paid by promoters of events within the Coconut Grove Special Events District (District) and all such revenues are deposited in the Fund and shall be utilized for the maintenance, improvement and beautification of Peacock Park and the District; and WHEREAS, the area merchants have invested more than $5,000 beautifying the District and request matching funds, in the amount of $5,000, from the Fund to complete the project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. CITY COMOSSiION MEETING OF JUL10W $eaoluti= NO. 17-- 462 Section 2. The amount of $5,000 is hereby allocated from the Coconut Grove Special Events District Fund to the City of Miami Coconut Grove Standing Festival Committee for the purpose of completing a landscaping project on Commodore Plaza, located in the District. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day of July , 1997. ATTEST: WALTEF CITY CL AN APPROVED AS TO FORM AND CORRECTNESS: dZ1" - il".4" hw'4'1 - - - INN J _ ,III CITY ATT R EY W 1799:CSK 2- r JOE AR 0, MAYOR y7-- 462 i CITY OF MIAMI CITY MANAGERS OFFICE COCONUT EiROVE STANDIt(a FESTIV116661mm. FE P. O. Box 330699 Coconut Grove, Florida 33233-0699 COMMITTEE MEMBERS Ted Stahl, Chairman Jack King Silvia Morales-Cejas Mr. Edward Marquez City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Marquez: Glen Diston Sky Smith On behalf of the Coconut Grove Standing Festival Committee, I am hereby requesting a personal appearance before the City Commission on May 8, 1997. We would Iike to request $5,000 in matching funds from the Coconut Grove Special Events District Fund to complete a Commodore Plaza landscaping project. An equal amount was raised amongst business owners in the area. I will be happy to provide additional details on this project to you or your designee at your convenience. Sincerely, T d Stahl, Chairman oconut Grove Standing Festival Committee tis :o� �n ►z Kati L6 r.,,,tU ? , 97— 462 i. CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO ; Honorable Mayor and Members BAT9 FILE : of the City Commission Personal Appearance/Ted Stahl Chairperson -Coconut Grove �+ Standing Festival Committee 1tiA FaOM ' Edward Mar uez \ REF€R€NGE5 ' June 9, 1997 City Manager €N�Le®��€a ; City Commission Agenda Item PERSONAL APPEARANCE: Mr. Ted Stahl, Chairman of the Coconut Grove Standing__Festival Committee, has requested a personal appearance before the City Commission in order to make a recommendation to the City Commission concerning the expenditure of the Coconut Grove Special Events District Fund. The Committee is recommending that the City Commission approve the expenditure of $5,000 for a Commodore Plaza landscape project. The merchants in the area have invested more than $5,000 to create wood flower boxes at each concrete planter in the public right of way — BACKGROUND: On July 12, 1990 the City of Miami Commission adopted ordinance No. 10764, creating the Coconut Grove Special Events District. Said Ordinance also created and established the following: The "Coconut Grove Standing Festival Committee", which serves as an instrument of advice and recommendation to the City Commission concerning the expenditure of the Coconut Grove Special Events District Fund. s A "Supplementary User Fee", paid by promoters of events within the Coconut Grove Special Events District. All revenues derived from said fee are deposited in an account known as the Coconut Grove District Fund. The balance in the fund as of May 21,1997 is $113,980. RECOMMENDATION: It is recommended that the City Commission grant approval of the expenditure of $5,000 from the Coconut Grove District Fund for the completion of the Commodore Plaza Project, conditioned upon research by the Law Department as to the appropriate procedure for the expenditure of said monies. The Commodore Plaza project falls within the Coconut Grove Special Events District. Enc.: Ordinance No. 10764 List of Committee Members Revenue/Expenditure Report 09 9'7- 462 3 7/12/90 1 VU 4 ORDINANCE NO. AN ORDINANCE CREATING A COCONUT GROVE SPECIAL.' EVENTS DISTRICT BOUNDED ON THE NORTH BY OAK r _r AVENUE, ON THE SOUTH BY THE SHORELINE OF' BISCAYNE BAY, ON THE EAST BY MARY STREET AND KENNETH MEYERS PARK, AND ON THE WEST BY., MCDONALD STREET, COMMODORE PLAZA AND PEACOCK PARK; LIMITING THE NUMBER OF SPECIAL EVENTS HELD WITHIN SAID DISTRICT; CREATING AND ESTABLISHING T14B COCONUT GROVE STANDING FESTIVAL COMMITTEE; ESTABLISHING A. SUPPLEMENTARY USER FEE FOR SAID EVENTS; PROVIDING FOR A REPEALER PROVISION, ,. SEVERABILITY CLAUSE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, on September,8, 1900, the City Commission adopted Motion No. 80-026, establishing on informal official Committee "to draft guidelines and make recommendations" to the City Commission in connection with special public events held in the Coconut Grove area of the City; and WHEREAS, said Committee held several public meetings in Coconut Grove eliciting and evaluating input from all interested groups and. individuals who' shared concerns over the impact of multiple events, including festivals throughout.tho year upon their lives and activities; and WHEREAS, the Committee with City Commissioner J. L. Plummer, Jr., serving as its Chairman has now proposed certain recoqunendations which merit favorable consideration; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Notwithstanding any City Code provision to the contrary, the following provisions shall be added to said Codet "Sec. 1. Coo nut Grove Special Evento District Cre ted. A. There is hereby created a Special Events l+ District bounded on the North by Oak Avenue,' on the South by the shoreline of Biscayne Bay, on the East by Mary Street and'Kenneth Meyers park, and on the West by McDonald Street, Commodore Plaza and Peacock Park, said district to be known as the "Coconut Grove Special Events District." , 9'7- 462 5 ... ........_. ... .. ..,...:x. ruw5aruleo w�:C::,34�iceFir.'r.vlG. .a��.?'.^.".�.. :..:•.....o:..:..u•.,•.r.�.v ...., u.. .. ...a�. _.. .._.. ... .. ..,..•... Sa,>...•.nn•�� ....r...-.. .. _...... .. , 1 ' H. The following restrictions shall apply to the Districts (1) There shall only be two events per month. The term "event", for the purpose of this Ordinance, is hereby :.-r. defined as an activity where any one of the following conditions occur within the Special Eventd Districts. (a) any selling of alcoholic beverages in the public right-of-ways, or in City parka, pther than in lawfully permitted sidewalk cafes; (b) any pyrotechnlce display; *- (c) (1) any temporary street closure, pursuant to Section 54-3 or Section 54-6 of the City Code; (ii) any partial use of streets which results in a partial obstruction of vehicular traffic for which City Commiaslon approval is sought; (d) any parade or procession, other than funeral processionif of more than vehicles , floaLe, bands or marching units; , (e) any temporary vending or concession permit conducted in the public riylit-of-ways or obtained purauant .to Section 38-45 of the City Code; or (f) any use of mechanical rides. + (2) Only one of the two events may involve street closures. (3) The two events shall not take place on successive weekends. (4) The above restrictions do not apply to those events that have occurred previously in the Coconut Grove area; however, there shall not be more than twenty-four events per year, Inclusive of those events. ' (5) Applications for events must be submitted to the department of community development at ldast 120 days'prior to the date of the 'evenC but not earlier than 180 days prior to the event. (6) Priority dates will be given on a £irat come first serve basis to events that have occurred in the Coconut Grove area for five or more preceding years. 1/ City Attorney's notes This number has been left off aince It is to be determined by the Po4ce Department. 9'7- 462 6 10764 1 11 s �i .�b C,. The City Commission has the authority to waive *or modify any of the above restrictions. Sec. 2. Coconut Grove Standing Festival Committee Created. •'' A. There is hereby created and established the "goconut Grove Standing reatival Committee'. Use of the term "Committee° ill thiu Section shall 1110all the Coconut Grove Standing Festival Committee. B. The Committee is to serve as an instrument of advice and recommendation to the City Commission. The Committee shall make recommendations to the City Commission concerning the expenditure of the Coconut Grove Special Events District Fund. C. The Committee shall consist of five (5) members. Each member of the Co*Ittee shall reside or have its principal place of business in the Coconut Grove area of the City of Miami and shall be an individual of outstanding reputation for integrity, responsibility and commitment to'serving the community. One City Commissioner may be at ex-officio nonvoting member of the Committee. Each member of the City Commission shall appoint one member to the Committee. The terms of office of the initial membership of the Committee shell be ass follows: Category At Two (2) members shall be appointed -to serve until the first Commi Sion meeting following the 1991 regular City election. The Commissioners elected from Groups II and �11 shall each make one (1) nomination of an individual to serve as at member in this Category. Category Br Three (3) members shall be appointed to serve until' the first Commission meeting following the 1993 City elqiction. The Mayor and >he Commissioners elected from Groups IV and V shell each make one (1) nomination of an individual to serve as a member in this Category. Upon expiration of. each initial term, .each successor member shall be named and appointed by the City Commission for a term of three (3) years, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the Committee shall serve only for the unexpired term. The Committee shall select a chairperson from among its members and may create and fill such other offices as it may determine, The director of the community development department shall be the executive secretary of the Committee. D. At all meetings of the Committee, the presence of three members of the Committee -shall constitute a quorum for the tronsaction of business, and each member shall have one vote on every issue submitted to a vote of the Committee. The act of a majorityy of the members present at a meeting at which a quorum is present shall be .the oct of the Committee. I 10''1 '- 97 . 46` The members of the Committee shall make and adopt, bylaws and ruler and regulaL•ions for tho Committee's governance. The Committee shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the Committee shall be public and written minutee of the proceedings thereof shall be' maintained by the Committee. All actions taken at the meetings of the Committee shall be promptly and properly recorded. The official city policies relating to the attendance of regular board meetings shall be applicable to members of the Committee. it shall be the responsibility of the director of the department of community development to •. handle all procedural activities for all public hearings required to be held by the Committee, including the preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall'be filed with the city clerk. It 131111.11 be the responsibility of the executive secretary of the Com,nIL•bee to maintain records of other public meetings of the board. Records of such meetings shall be maintained In the office of Lhe community development depnrtment, Sec, 3. Supplementary User Fee Established. There shall be a fee required for special events occurring within the Coconut Grove Special Events District as follows: (1) (a) The promoter of the event shall pay*to the City a supplementary user fee of twenty-five percent of the estimated cost of the city's services for said event. This supplementary fee is in addition to the 'monies paid for the City's services fee, (h) In' the event that the City services fee is lower or higher than the estimated cost previously given, either the City shall refund certain monies or the promoter shall pay to the City additional monies within thirty (30) days after the date of the event. (2) The supplementary user fee shall not exceed , the amount of Ten Thousand Dollars (S10,000•.00), (3) The supplementary fee shall be paid to the City ten (10) days prior to the event. (4) All revenues derived from said supplementary tee shall be deposited'in an account known as the Coconut Grove Special Events District Fund and shall• be utilized for the maintenance, improvement and beautification of Peacock Park and the Coconut Grove Special Events District, without reducing the otherwise normal allocation to the parks. a 97— 46 �ti f Z � MA (0) The City Commission may waive all or part of the supplementary urger fee.' Seotion•'2. All ordinances or ports of ordinances insofar as they are inconsistent or in eonPlipt with the provisions or thin Ordinance are hereby repealed. .t Section 3. it aiiy neotion, part of sootion, paragraph, clause, phrase or word of this Ordinance is deolared invalid, the remaining provisions of this Ordinance Ahall not be affected. Section 4. It is the intentio11,of the City Commission and it is hereby ordained that the provisions of this Ordinanoe shall become and be made a part of the Code of the City of Miami, Florida. The sections of this Ordinance may be renumbered or rolettered to acoomplish.nuoh intention, and the Word "ordinanoe" may be changed to "section," "article," or other appropriate word. Section 5. This Ordinance shall become effective 30 days after final reading and adoption hereof. PASSED ON FIRST READING BY TITLE ONLY this 28th day of June, 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY thin 12th day Of July, 1990. s . XAVIER L. II E2, KAYO ATTEST v RATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: 7-ir ' 4 a, . IRMA H. ABELLA ASSISTANT CITY ATTORNEY ALF/IMA/dot/gb/MGG2 I M� APPROVED AS TO FORM ' AND CORRECTNESSs 4Ir RGh F RNANDE2 CITY ATTO EY �o"1G'7_ 46' , COCONUT GROV) STANDING FESTIVAL COMMITTEE (5 members) APPOINTED MEMBER/COMPLIANCE RESOLUTION EXPIRED CAROLLO Jack King, C/O Coconut Grover, 2980 McFarlane Rd., Ste. 204, M-33133 (W= 529- R 96-867 5-5-97 0022; F=529-9464; H= 446-3347) [H= 3549 Loquat Ave., M-33133 11-21-96 [Res -OK SI-95] REGALADO Silvia Morales-Cejas, 3250 Mary Street, Suite 404, M-33133 (441-8989 - X13; 448- R-96-867 5-5-97 1700) 11-21-96 [S I -96] PLUMMER Sky Smith, (mail:) 2400 So, Dixie Highway, Grove 33133; (home:) 3615 Palmeto R-96-400 5-5-97 Ave., Grove 33133-6220 (858-1400) 6-13-96 [Res -OK SI-95] GORT Ted Stahl, chairperson, 3171 Royal Rd. Grove 33133 (H=444-1798, W=444-0150) R-96-400 5-5-97 6-13-96 HERNANDEZ Glen Diston, Spot Color, 3670 Grand Ave., Grove 33133 (569-0036; 569-0106) R-97-33 5-5-97 1-16-97 co MUST FILE SOURCE OF INCOME STATEMENT 4/7/97 r :t• PGM 10: FN/SC/PO/RPT09 C I T Y O F M I A M I RUN DATE: 05/21/1997 DETAILED REVENUE AND EXPENDITURES BY PROJECT 06 FISCAL MONTH AS OF 05/21/1997 FUND 10 SPECIAL REVENUE FUND PROJECT 119001 ORD•10764 - COCONUT GROVE SPECIAL EVENTS DISTRICT ENTITLEMENT PERIOD 07/12/90 TO 12/31/55 PCRiION EXPIRED 10.4 X STATUS ACTIVE RPT RFC:REPORT 09 PAGE 09- 50( INDEX MIN X OF REVISED * * * REVENUES / EXPENDITURES * * * OUTSTANDING REMAINING C005 OBJ DESCRIPTION BUDGET TOTAL BUDGET CURR MONTH CURR Y-T-D TOTAL T-D ENCUMBRANCE BALANCE R E V E N LI E S 026043 SPECIAL REVENUE FUND PROJ # RE 143 MISCELLANEOUS REVENUE 109.6 190,000 3,942 26,089 208,257 18,257• IIJDEX CODE 026043 109.6 190,000 3,942 26,089 208,257 18,257- TOTAL REVENUES 109.6 190,000 3,942 26,089 208,257 18,257- E X P E N D I T U R E S 261001 SPECIAL REVENUE FUNDS -PROD # R 965 REFUNDS 513 513• INDEX CODE 261001 513 513- 450231 COMMU14ITY DEVELOPMENT - PROJ # 051 OVERTIME EVENTS 782- 782 792 ENGINEERING - PUBLIC WORKS 100.0 1,547 1,547 952 CONTRIBUTION TO CAP PROJECTS 100.0 93,000 93,000 996 BUDGET RESERVE 95,453 95,453 INDEX CODE 450231 49.3 190,000 93,764 96,235 TOTAL EXPENDITURES 49.6 190,000 94,277 95 '22 RECAP: REVENUES LESS EXPENDITURES 3,942 26,089 113,980 w § 53.153 STREETS AND SIDEWALKS at the time of the installation of the permit- tee's private communications system. In areas where both telephone and electric utilities' facilities are aboveground at the time of the installation of the permittee's private com- munications system, the permittee may in- stall its system above ground on existing util- ity poles only, upon the condition that at such time as those facilities are placed under ground by the telephone and electric utility compa- nies, the permittee shall likewise place its facilities underground at its sole cost and expense. (5) The permittee upon reasonable notice by the city shall temporarily or permanently remove, adjust, raise or lower its facilities within the right-of-way when the city determines that such action is needed for public use of the right-of-way including, but not limited to, the passage of nonstandard vehicles. (6) The permittee shall obtain the written per- mission of the owner including the city of any tree or other vegetation before it trims nor prunes the same. (Ord. No. 10438, § 1, 5-19.88) . Sec. 54-154. Transfer assignments; sublessees. (a) The permittee shall not transfer or assign its interest in any permit issued in accordance herewith, other than a general assignment of the permittee's entire assets or.a pledge of the assets as collateral on a loan, without the prior written authorization of the director, department of pub- lic works. For purposes of this section, a merger of consolidation of the permittee with another company shall not be deemed a transfer or as- signment. The assignment of the right to.a nonaf- filiated company to place a line, cable or fiber optic within a permitted conduit or duct -bank of a permittee is subject to the requirement of an ad- ditional telecommunication permit. (b) The permittee shall promptly, in writing, notify the city public works director of any sub- lessee, license, or other agreement it enters into with any person authorized to use, lease or li- cense any or all of the permittee's facilities or lines and shall furnish the name, address and telephone of such sublessee, licensee or other user. Supp. No. 41 § 53.171 (Ord. No.10438, § 1, 5-19-88; Ord. No. 10943, § 2, 1.9-92) Secs. 54.155--54.170. Reserved. ARTICLE DL COCONUT GROVE SPECIAL EVENTS DISTRICT* Sec. 54.171. Created, restrictions. (a) Boundaries. There is hereby created a spe- cial events district bounded on the north by Oak /Avenue, on the south by the shoreline of Biscayne V Bay, on the east by Mary Street and Kenneth Meyers Park, and on the west by McDonald Street, Commodore Plaza and Peacock Park, such dis- trict to be known as the "Coconut Grove Special Events District." (b) Restrictions established. The following re- strictions shall apply to the district: (1) There shall only be two (2) events per month. The term "event," for the purpose of this article, is hereby defined as an ac- tivity where any one (1) of the following conditions occur within the special events district: a. Any selling of alcoholic beverages in the public right-of-ways, or in city parks, other than in lawfully permitted sidewalk cafes; b. Any pyrotechnics display; c. W Any temporary street closure, pur- suant to section 54-3 or section 54-6 of the City Code; (ii) Any partial use of streets which results in a partial obstruction oi- vehicular traffic for which city commission approval is sought; d. Any parade or procession, other than funeral processions, of more than "Editor's note —Ord. No. 10764, adopted July 12, 1990, did not specifically amend this Code; hence, inclusion of §§ 1-3 as Art. IX, §§ 54.171-54.173 was at the discretion of the editor. City code cross references —Community development de. partment, § 2.176 et seq.; amusements, Ch. 5; Coconut Grove special vending district, § 39.17 et seq.; stadiums, marinas, exhibition and convention centers, Ch. 53. 3664.3 97- 462-- 15 § 54.171 MLkMI CODE vehiclest, floats, bands or marching units; e. Any temporary vending or concession permit conducted in the public rights. of -way or obtained pursuant to section 38.45 of the City Code; or f. Any use of mechanical rides. (2) Only one (1) of the two (2) events. may in. volve street closures. V (3) The two (2) events shall not take place on successive weekends. (4) The above restrictions do not apply to those events that have occurred previously in the Coconut Grove area; however, there shall not be more than twenty-four (24) events per year, inclusive of those events. (5) Applications for events must be submitted .to the department of community develop- ment at least one hundred twenty (120) days prior to the date of the event but not earlier than one hundred eighty (180) days prior to the event. § 54.172 tmmendations to the city commission concerning he expenditure of the Coconut Grove special events district fund. (c) Composition; organization; terms of mem- bers; officers. The committee shall consist of five (6) members. Each member of the committee shall reside or have its principal place of business in the Coconut Grove area of the city and shall be an individual of outstanding reputation for integ- rity, responsibility and commitment to serving the community. One (1) city commissioner may be an ex-officio nonvoting member of the committee. Each member of the city commission shall ap. point one (1) member to the committee. The terms of office of the initial membership of the com- mittee shall be as follows: (1) Category A Two (2) members shall be ap- pointed to serve until the first commission meeting following the 1991 regular city election. The commissioners elected from groups H and III shall each make one (1) nomination of an individual to serve as a member in this category. (6) Priority dates will be given on a first -come, (2) first -served basis to events that have oc- curred in the Coconut Grove area for five (5) or more preceding years. (c) Waiver or modification of restrictions. The city commission has the authority to waive or modify any of the above restrictions. (Ord. No. 10764, § 1, 7-12-96) Cross reference —Sidewalk cafes, § 54-108 et seq. See. 54.172. Coconut Grove standing festival committee. (a) Created. There is hereby created and estab- 'r lished the "Coconut Grove Standing Festival Y Committee." Use of the'term "committee" in this section shall mean the Coconut Grove standing festival committee. (b) Function. The committee is to serve as an instrument of advice and recommendation to the city commission. The committee shall make rec- tBditor's note —The city attorney advised that this number has been left off since it is to be determined by the police department. Supp. No. 41 16 Category B: Three (3) members shall be ap. pointed to serve until the first commission meeting following the 1993 city election. The mayor and the commissioners elected from groups IV and V shall each make one (1) ridminatibn of an individual to serve as a member in this category. Upon expiration of each initial term, each suc- cessor member shall be named and appointed by the city commission for a term of three (3) years, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the committee shall serve only for the unexpired term. The committee shall select a chairperson from among its members and may create and fill such other offices as it may determine. 3664.4 The director of the community development de. partment shall be the executive secretary of the committee. (d) Meetings generally, quorum; rules and reg- ulations. At all meetings of the committee, the presence of three (3) members of the committee 97- 462 3� § 54-172 STREETS AND SIDEWALKS shall constitute a quorum for the transaction of business, and each member shall have one (1) vote on every issue submitted to *a vote of the com- mittee. The act of a majority of the members present at a meeting at which a quorum is present shall be.the act of the committee. The members of the committee shall make and adopt bylaws and rules and regulations for the committee's governance. The committee shall hold regular quarterly meet- ings and may hold such other meetings as it deems necessary. All meetings of the committee shall be public and written minutes of the proceedings thereof shall be maintained by the committee. All actions taken at the meetings of the committee shall be promptly and properly recorded. The of- ficial city policies relating to the attendance of regular board meetings shall be applicable to mem- bers of the committee. (e) Hearings. It shall be the responsibility of the director of the department of community de- velopment to handle all procedural activities for all public hearings required to be held by the com-, mittee, including the preparation of detailed min- utes and official records of such hearings. The of- ficial records of such public hearings shall be filed with the city clerk. (f) Records of other public meetings of board. It shall be the responsibility of the executive secre- tary of the committee to maintain records of other public meetings of the board. Records of such meet- ings shall be maintained in the office of the com- munity development department. (Ord. No.10764, § 2, 7-12-90) Sec. 54-173. Supplementary user fee estab- lished. There shall be a fee required for special events occurring within the Coconut Grove special events district as follows: (1) • a. The promoter of the event shall pay to the city a supplementary user fee of twenty-five (25) percent of the esti- mated cost of the city's services for the (/ event. This supplementary fee is in ad- dition to the monies paid for the city's services fee. Supp. No. 41 § 54.180 b. In the event that the city services fee is lower or higher than the estimated cost previously given, either the city shall refund certain monies or the promoter shall pay to the city additional monies within thirty (30) days after the date of the event. (2) The supplementary user fee shall not ex. ceed the amount of ten thousand dollars ($10,000.00) (3) The supplementary fee shall be paid to the city ten (10) days prior to the event. (4) All revenues derived from said supplemen. tar y fee shall be deposited in an account known as the Coconut Grove special events district fund and shall be utilized for the maintenance, improvement and beautifica. tion of Peacock Park and the Coconut Grove special events district, without reducing the otherwise normal allocation to the parks. (5) The city commission may waive all or part of the supplementary user fee. (Ord. No. 10764; § 3, 7-12-90) Secs. 54.174-54-179. Reserved. ARTICLE X USE OF PUBLIC RIGHTS -OF -WAY FOR -INSTALLATION OF LOW LEVEL WIND SEEAR ALERT SYSTEMS) Sec. 54.180. Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article: } (1) To regulate the erection, construction, re- construction, installation, operation, main- tenance, dismantling, testing, repair, use, rebuilding and replacement of low level wind shear alert systems (hereinafter re- ferred to as the "LLWAS") by the Federal Aviation Administration (hereinafter re- ferred to as the "FAA") in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of 3664.5 b7- 462 --1'