HomeMy WebLinkAboutO-11411J-96-1103
11 /21 /96 114
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 30 AND 38 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE PARTICULARLY
BY: AMENDING SECTION 30-2, ENTITLED "USE OF COMMUNITY
BUILDINGS, BANDSHELL, ETC.", THEREBY ADJUSTING FEES FOR THE
USE OF CERTAIN CITY OWNED EQUIPMENT; REPEALING SECTION
38-7 IN ITS ENTIRETY, ENTITLED, "FEES FOR USE OF JAPANESE
GARDEN AT WATSON PARK AND FOR USE OF ALL CITY PARKS FOR
WEDDINGS AND OTHER SOCIAL FUNCTIONS", AND SUBSTITUTING IN
LIEU THEREOF A NEW SECTION 38-7, ENTITLED 'RENTAL FEES FOR
SPECIAL EVENTS OR SOCIAL FUNCTIONS IN OPEN AREAS OF CITY
PARKS", THEREBY AUTHORIZING THE CITY MANAGER TO
ESTABLISH, AND ANNUALLY REVISE AND ADJUST A SCHEDULE OF
FEES FOR THE USE OF OPEN AREAS OF CITY OWNED PARKS;
AMENDING SECTION 38-45, ENTITLED "PEDDLING, VENDING AND
MERCHANDISING", THEREBY AUTHORIZING THE CITY MANAGER TO
ESTABLISH, AND ANNUALLY REVISE AND ADJUST A SCHEDULE OF
FEES FOR CONCESSION PERMITS FOR SPECIAL EVENTS AND NOT
FOR PROFIT USES OF CITY PARKS; AMENDING SECTION 38-49.1
ENTITLED "SALE OR DISPENSING OF BEER AND/OR WINE FOR
SPECIAL EVENTS OR PROGRAMS IN CITY PARKS", THEREBY
AUTHORIZING THE CITY MANAGER TO ESTABLISH, AND ANNUALLY
REVISE AND ADJUST A SCHEDULE OF FEES PERTAINING TO THE
SALE OF BEER AND WINE IN CERTAIN CITY OWNED PARKS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
WHEREAS, the fees for the use of certain city owned park equipment and facilities
established in Chapters 30 and 38 of the Code of the City of Miami, have not been revised and
adjusted in many years; and
WHEREAS, the city commission hereby determines that there is a need to authorize the
city manager to establish and annually revise and adjust fees pertaining to park activities and
functions;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Sections 30-2, 38-7, 38-45, and 38-49.1, of the Code of the City of Miami,
Florida, as amended, are hereby amended in the following particulars:'
"Sec. 30-2. Use of community buildings, showmobiles, bleachers and
public address system ba a�'r etc.
(a) By civic, quasi -public organizations....
(2) The amounts to be paid....
Showmobiles bleachers and public address syslem:
No charge for city -sponsored activities. Rental fee rates for gLty
residents/ , har-itable and nonprofit organizations: where -the pfejeet,
event or ae4ivity will have a sigptifieaftt positive impaet upon the et,
„d/e - eeenemie well being o f th :+
(1) Hourly rate (based on minimum rental period of four (41 hours):
Small Sh bile (name Time) ........................... $ c nn
Large Showmobile (Wenger) ................................. $10.99-$20.00
Bleachers...................................................... $20.00
Public address system ......................................... $25.00 per event
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added.
Asterisks represent omitted and unchanged material. The remaining provisions are now in effect and remain
unchanged.
2 11411
Included in these hourly rates is the basic setup of from one (1) to
twenty-four (24) chairs and one (1) podium. and one—(T)
..Mam
ru c�
(3}MDirect costs(labor):
Dimension Me Require,,'
Direct costs will be determined as follows: Monday through Friday (8:00
a.m. through &00 p.m. 4:00 p.m.), no charge; evenings, weekends and
holidays, time a a h if f the assigned employee's straight fifne .,,,fly
rate of Fay; the appropriate special event hourly rate.
Rental fee rates for non city residents/ prefit malorganizations—and
(1) Hourly rate: same as for city residents/oryanizations
et,afit ble and nenprefi +' i..i, plus 'uciv
twenty five (25) percent.
(2) Full settip: same as for —Eying -ehafitable and —:roar-far-pT��n
(b 2) Direct costs: same as for city residents/organizations. quali g
A surcharge shall be assessed, in addition to the above -described fees, for
Shewm bookings outside the city's corporate limits:
Large Showmobile.................... $100. )0$ 200.00
Bleachers ................................... $200.00
11-411
added:
All charges are exclusive of the appropriate tax and do not include, if
required by the leisure se s ao..,,..tment Parks and Recreation
Department, the cost of such additional recreational personnel as may be
designated by the director of said department.
(Z.Ij The city manager shall annually review and adjust the schedule of
rental fees for showmobile, bleachers and public address system,
established herein prior to the first d4y of September, and if adjusted, such
adjusted fees shall be effective the first day of October. In reviewing the
existing schedule of rental fees to determine whether or not to revise and
adjust the same the city manager shall take into consideration any one, or
all of the following criteria: (i) city financial needs, (ii) operating expenses;
(iii) market conditions, (iv) purpose and type of event(s) or program (s)
conducted at the recreational facilities including benefits to the community,
(v) estimated revenues to be generated, (vi) and/or other factors deemed
appropriate by the city manager."
Section 38-7 is hereby repealed in its entirety and a new Section 38-7 is hereby
"Sec. 38-7. Fees fef use of r,.panese Garden + W see Pork and f o of al
u
E
Sec. 38-7. Rental fees for special events or social functions in
open areas of city_ parks.
(A) The city manager shall establish the schedule of facility rental fees for
special events, (i e festivals) or social functions (i.e. birthday parties) in
open areas of city parks charges by January 1, 1997 Thereafter, the city
manager shall review, and revise the schedule of facility rental fees annually
prior to the first day of September, and such revised fees shall become
effective the first day of October. In reviewing the existing schedule of
facility rental fees to determine whether or not to revise and adjust the
same, the city manager shall take into consideration any one, or all of the
followingL criteria: (i) city financial needs, (ii) operating expenses- AL)
market market conditions (iv) purpose and type of event(s) or program (s)
conducted at the recreational facilities, including benefits to the community:
() estimated revenues to be generated, (vi) and/or other factors deemed
appropriate by the city manager. At any time, if the city manager
determines that the current schedule of facility rental fees does not properly
address a particular type of event or social function the city manager shall
be authorized to negotiate the facility rental fee, in the case of such specific
event or function or establish a facility rental fee, in the case of a type of
event or function which is likely to reoccur.
(B) The Parks and Recreation Department Director shall establish the rules
(including complimentary ticket policy), regulations and procedures
pertaining to special events (,i.e. festivals) or social functions, (i.e. birthday
parties)in open areas of city parks subject to the review and approval of
the city manager and city attorney. Special event applications, permits and
contracts shall be conditioned upon: (i) review and approval of the city
manager and city attorney, (ii) the permittee agreeing to hold harmless the
city, its agents officers and employees, against all liabilities, judgments,
costs damages and expenses incurred by the city as a consequence of the
granting of the permit and (iii) the permitee providing proof of adequate
liability insurance in a form and in amounts acceptable to the City's Risk
Management Division or its successor."
"Sec. 38-45 Peddling, vending and merchandising.
(d) Fees and compensation: Concession fees and compensation shall not
be the subject of waiver by the city commission or the city manager or
designee thereof. Concessionaire(s) shall remit to the city a given fee
and/or percentage of revenue accrued as a result of the privilege granted.
The amount of the fee or percentage shall be as established as a result of
the request for proposal, bid or competitive process, if such process is
required, or for special events and nonprofit concession permits, by the
current schedule of concession fees and compensation as shall be devise
by the dir-ec4er- and reviewed and &Pffeved annually by the eity fnafiageF.
which shall be established by the city manager by January 1, 1997.
Thereafter, the city manager shall annually revise and adjust such schedule
of concession fees and compensation and devised by the direeter- and
prior to the first day of September, and such
revised schedule shall become effective the first day of October. S•,�es
and eeshall be sider-atien prevailing f
0 0s, attendanee and
duratien of event or- —pregfam,—pTvfit or-nenpr-efit st : s of the
, In reviewing the existing schedule of concession
fees and compensation to determine whether or not to revise and adjust the
same, the city manager shall take into consideration anyone, or all of the
following criteria: (i) city financial needs, (ii) operating expenses, (iii)
market conditions (iv) purpose and type of event(s) or program (s)
conducted in connection with the concession, including benefits to the
community, (y) estimated revenues to be generated, (vi) and/or other
factors deemed appropriate by the cif manager. At any time, if the city
manager determines that the current schedule of concession fees and
compensation does not properly address a particular We of special event
or social function the city manager shall be authorized to negotiate the
concession fee and compensation in the case of specific event or function
or establish a concession fee and compensation, in the case of a type of
event or function which is likely to reoccur."
"Sec. 38-49.1. Sale or dispensing of beer and/or wine for
special events or programs in city parks.
(g) A fee of three hundred dollafs ($300.00) per- event peF day is her-eb
established for- all Pe tS tO sell hoe.- and , o ty p ram. The city
manager shall establish fees for all permits to sell beer and wine in city
parks by January 1, 1997. Thereafter, the city manager shall annually
revise and adjust said fees, if necessary, prior to the first day of September,
and such revised fees shall become effective the first day of October. In
reviewing the existing schedule of fees to determine whether or not to
revise and adjust the same, the city manager shall take into consideration
any one, or all of the following criteria: (i) city financial needs; (ii)
operating expenses, (iii) market conditions, (iv) purpose and type of
event(s) or program (s) conducted at the city parks, including benefits to
the community; (v) estimated revenues to be generated; (vi) and/or other
factors deemed appropriate by the city manager. At any time, the city
manager shall be authorized to negotiate the fee for all permits to sell beer
and wine in city parks should it be determined that the current schedule of
fees does not properly address a particular type of event. Said fee shall be
paid for all permits obtained from the city commission or the city manager
or his/her designee_ ;said
required where the pefmit has been issued befef:e the efferative date e
Seetie. The existing fee shall be utilized should a permit be issued before
the effective date of this Section. The permit fee shall not apply where beer
and/or wine are dispensed at no charge for social functions in open areas of
city parks."
Section 3. All ordinances or parts of ordinances insofar as they are in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 1 Oth day of October, 1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 21 st day of November, 1996.
ATTEST:
ALTE J. R%MAN, CITY CLERK
PREPARED AND APPROVED BY:
JULI00. BRU
ASSISTANT CITY ATTORNEY
W257:JOB:kd:csk
_QZ �
)011-� AROLLO, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN Jy3S, III
CITY ATTORNEY
It411.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUI
TO Honorable Mayor and DATE SEP 3 0 1996 FILE
Members of the City Commission Ordinance Amending
SUBJECT Certain Sections of
Chapters 30 and 38
of the City of Miami Code
FROM REFERENCES
/Mke 5o City Comm. Mtg. of 10/10/96
ENCLOSURES. Proposed Ordinance
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached ordinance which,
where necessary, formalizes, provides for fee adjustments and updates existing City Code
provisions pertaining to the following charges associated with special events and other social
functions at city parks: facility rental, beer and wine sales, concessions, as well as showmobile,
bleachers and public address system rentals.
BACKGROUND
The Department of Parks and Recreation has prepared the attached ordinance to formalize and, in
some cases, adjust the facility rental fees charged for special events (i.e. festivals) or other social
functions (i.e. birthday parties) taking place in city parks. Also, this legislation provides
clarifying language and allows for fee adjustments to the park fees for the selling of beer and
wine. Additionally, revisions are made to the criteria utilized in establishing annual concession
fees for special events. Finally, modifications have been made to existing legislation for the
purposes of formalizing, updating and adjusting the rental fees for showmobiles, bleachers and
public address systems. It should be noted that many of these charges have not been adjusted in
at least eight years.
Other than Bayfront Park (which is operated by the Bayfront Park Management Trust), the city
operated park most frequently utilized for special events is Peacock/Myers Park. Earlier this
year, we met with most of the main users of this park to review with them the proposed special
event fees we intended to implement. Additionally, we have discussed these fees with the
Coconut Grove Standing Festival Committee. Attached is a draft of the proposed special event
fees for Peacock/Myers Park.
Also, attached are sample draft copies of proposed fees for Virginia Key Beach, Watson Island
and for other social functions (i.e. birthday parties) at city parks. It should be noted that it would
be our intent to implement these fees effective January 1, 1997.
The attached legislation would also authorize the City Manager to annually review and adjust
fees, if necessary,,based upon certain specified factors. The increased revenue from any fee
adjustment would represent much needed revenue to the city.
Attachments
11411;
PROPOSED SPECIAL EVENT PARK FEES SCHEDULE'
(TO BE EFFECTIVE 1/1/97)
PEACOCK/MYERS PARK
CURRENT
PROPOSED
RENTAL' $300 per day
Category I (large events)'
(Peacock & Myers)
Category II (mid -size events)'
Category III (small events)'
(if Myers is used alone)
(if Myers is used with Peacock)
BEER & WINE $300 per day per event
$350 per day per event
CONCESSION $ 50 per booth per day Category I (25 and over)
Category II (11-25 booths)
Category III (1-10 booths)
Carts
ar"Ilft-01-IMS"
CURRENT
RENTAL' $300 per day
or negotiable
BEER & WINE $300 per day per event
CONCESSION $ 50 per booth per day
PARKING Negotiated
WATSON ISLAND,.
ATTACHMENT
- $500 (Peacock)
- S300 (Peacock)
- $200 (Peacock)
- $300 per day
- $150 per day
- $ 55 per booth per day
- $ 60 per booth per day
- $ 65per booth per day
- $ 30 per cart per day
$500 per day (picnic pavilion area)
$1500 per day (open air concert area)
$400
$ 60 per booth/per day
$ 40 per cart per day
Negotiated
PARKING $1500 per day $1500 per day
(Southwest Side) or negotiated or negotiated
' Examples of Special Events are Festivals, Concerts and Parking
'Does not include applicable ticket surcharge for paid event
' Based on amount paid into Coconut Grove Supplementary User Fee Account
3
ATTACHMENT
PROPOSED SOCIAL FUNCTIONS PARK FACILITY RENTAL FEE SCHEDULE'
( TO BE EFFECTIVE 1/1/97)
PROPOSED FOR
CURRENT CITY RESIDENTS
PROPOSED FOR CITY
BUSINESSES
& ORGANIZATIONS
PARTIES OF:
Up to 50 persons $25 $35 $100
51 to 100 persons $50 $60 $150
101 or more persons $75 $85 $200
PROPOSED FOR
PROPOSED FOR NON -CITY
NON -CITY
BUSINESSES
CURRENT
RESIDENTS
& ORGANIZATIONS
PARTIES OF:
Up to 50 persons
$50
$70
$150
51 to 100 persons
$100
$120
$200
101 or more persons
$150
$170
$250
' Examples of Social Functions include weddings, parties, picnics, etc.
4 14 !
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11411
In the .......... XXXXX ..................... Court,
was published in said newspaper In the Issues of
Dec 30, 1996
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office In Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy ertlssment; and afflant further says that she has
nsl er p id nor promised any person, firm or corporation
an disc unt, rebate, commission or refund for the purpose
of sec ng this advertisement for publication In the said
n per. ,.
30 S December ribed before me
...... day of ......................... A.D. 19...... �11
(SEAL)
Sookle Wlllla Rha�y�JcnoXQjL NOTARY SEAL
H MARMER
n COMMISSION NUMBER
CC545384
RiY COM%SSION EXPIRES
APR. 12,2000
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:a;�.y is er• 'c _r�€: -s-' --a" `Ir
111, 19e5, AS
`I0:1
INNANCE , AIMENDING1"TFIE 219lfl1llf� !�F!
3 ARTICLE 4 SECTION ep** "'
AID 8 0411111 VA L IT Y" MID IOIt*
%TE-
'cAowfi�re�lrfi.iuts .:va, & �.�2�.,
DIRECTOR OF THE OFF 11REET,PAWS WNT AS.AX0,
OFMIO NON-VOTMIG MEMBIER OF THE COO M ff OPME.
PA*JNG ADVISORY. COMMFTM- To TM SCQK.(F
J>JfiN06f mw OF THE 96COMA ova I PAONQ T"At4im.
AND TO RESTRUCTURE THE SCHIED" OF FM AN6 C"*j*B;
MORE SPECIFICALLY 81f AMENDMiG SECTIONS 3-191, II&I R, 36-
193 AND W194 OF"7HIE CITY CODE; CONTAINIM Ar SEALER
PROVISION, i SEVERA91UTY CLAUSE; Ate PAtT1ItDM146:FOR AN
EFFECTNE DATE.
Said ordinances may be inspected by the pubic at the Office of the City
Clark XW Pan Ameri sn Drive kltr . Florida, Monday 8rtough Friday
'0**J k+g hoidays. between tips boa's of 8 am. and S p.m.
y. w
R,
v
WALTER J. FOEMAN
er Y CLERIC
444611)