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HomeMy WebLinkAboutR-93-0715J-93-830 11/4/93 RESOLUTION NO. 9 3 - 715 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF CURTIS PARK SPORTS COMPLEX FOR SPECIFIED USES IDENTIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, ESTABLISH AND APPLY OTHER CHARGES, TERMS AND CONDITIONS FOR THE USE OF SAID CITY FACILITY ON AN INTERIM BASIS NOT TO EXCEED EIGHTEEN MONTHS, UNTIL SUCH TIME AS MARKET AND OTHER CONDITIONS CAN BE SUFFICIENTLY ASSESSED FOR THE DETERMINATION OF PERMANENT FEES; AND AUTHORIZING THE CITY MANAGER TO ISSUE PARK PERMITS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE USE OF SAID FACILITY. WHEREAS, the Parks and Recreation Department is responsible for the operation of the newly constructed Sports Complex at Curtis Park (the "FACILITY") and to secure the presentation of athletic events for the community at this new facility; and WHEREAS, as this time, permanent fees and charges for the use of the FACILITY have not been established because its size and configuration are unique in the local area and because it has not been in existence long enough for market conditions to be recorded and assessed; and WHEREAS, the City Commission, pursuant to Resolution No. 93-632, adopted October 14, 1993, established special charges, terms and conditions for the use of the FACILITY for varsity football games sponsored by Dade County Senior High Schools located within the City of Miami corporate limits; and CITY COMIISSIOX MEETING OF NOV 2 3 1993 Resolution No. 93- 715 WHEREAS, Resolution No. 93-632 mandated the following "USER RESPONSIBILITIES": provide and pay for all necessary traffic safety and security personnel, ticket sellers and takers, public address announcer, field personnel, concession personnel, field equipment, and liability insurance acceptable to the City; and WHEREAS, Resolution No. 93-632 ratified the following fees for said specified use ("USE FEES"): FACILITY (Stadium) use fee = $450, Press Box Use Fee = $50, Field Light Fee = $30 per hour of use, Parking Rights Fee (paid by user to City) _ $0.75 per Vehicle , Parking Fee (paid by public to user) _ $2 per vehicle, and Concession Rights Fee = $150 for the first three games and to be subsequently adjusted based on actual revenue; and WHEREAS, the DEPARTMENT has received subsequent requests for the use of the FACILITY by divergent organizations and for different purposes; and WHEREAS, in a memorandum dated October 29, 1993, the City Manager advised the Commission of his intent to set charges, terms and conditions, further specified herein, for the use of the FACILITY for these three (3) sets of circumstances: for senior high school junior varsity games, the Facility Use Fee = $300, semiprofessional football tryouts and practices, the Facility Use Fee = $350, and youth football games presented by nonprofit organizations, the Facility Use Fee = $100 and the Concession Fee = $50 per Concession Stand; and WHEREAS, for the aforementioned situations, all USER RESPONSIBILITIES and applicable USE FEES were in effect; and -2- 93-- 715 WHEREAS, ratification of this action is now requested and recommended; and WHEREAS, it is further anticipated that the Administration will receive additional requests from other types of organizations for the use of the FACILITY and will require a sufficient period of time, approximately eighteen (18) months, to identify market conditions and thereupon to determine appropriate I fee schedules and other conditions for the use of said FACILITY; and i WHEREAS, it is recommended that during this interim period, the City Manager, or designee, be authorized to negotiate and i apply appropriate terms and conditions, including USE FEES, with i prospective users of the FACILITY on individual basis, providing i that: a) like fees and conditions will be applied to similar groups under similar circumstances, and b) all City -incurred costs are paid by said users, and c) non-waivable charges, such as the ticket surcharge, I will not be waived; 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. Section 2. The City Manager's action in establishing the Jspecial charges, terms and conditions enumerated herein for the -3- 93- 715 specified uses of the Curtis Park Sports Complex and its facilities is hereby ratified, approved, and confirmed, where such uses are: senior high school junior varsity games, semiprofessional football tryouts and practices, and youth football games presented by nonprofit organizations. Section 3. The City Manager is hereby authorized to negotiate, establish and apply other charges, terms and conditions for the use of said City facility on an interim basis not to exceed eighteen (18) months, until such time as market and other pertinent conditions can be assessed for the determination of permanent fees, and subject to all conditions as incorporated herein. Section 4. The City Manager is hereby authorized to issue park permit(s) 1/, in a form acceptable to the City Attorney, for the use of said FACILITY. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd y of November , 1993. STEPHEN P. C'ARK ATTES M A Y O R MAT Y HIRAI, CITY CLERK 11 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including those prescribed by applicable City Charter and Code provisions. -4- 93- 715 PREPARED AND APPROVED BY: CARMEN LEON ASSISTANT CITY ATTORNEY -5- APPROVED AS TO FORM AND CORRECTNESS: , S i A. QUII C CiTY�ATTOY 93- 715 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of,the;City Commission FROM Cesar H. Odio, City Manager CA= 14 .I J DATE NOV 0 41993 FILE SUBJECT. Resolution: Ratify Manager's Actions: Terms and Conditions for use of Curtis Park REFERENCES ENCLOSURES' R It is respectfully recommended that the City Commmission adopt the attached Resolution ratifying the City's Manager's action in establishing special charges, terms and conditions for three (3) specific uses of the Curtis Park Sports Complex. The legislation would further authorize the City Manager to negotiate and establish other charges, terns and conditions for all other requested uses for an eighteen -month period as an interim measure until the market can be assessed for the establishment of pennanent fees. The Parks and Recreation Department has prepared .the attached legislation. Recently, the City Commission, pursuant to Resolution No. 93-632, adopted October 14, 1993, established special charges, terms and conditions for the use of the Curtis Park Stadium for varsity football games sponsored by Dade County Senior High Schools located within the City of Miami corporate limits. We have subsequently received requests for the use of this facility by other organizations. In a mamnrandmmm dated October 29, 1993, the City Manager advised the Commission of his intent to set charges, terns and conditions, for the use of the facility for these three (3) sets of circumstances: for senior high school junior varsity games, the Facility Use Fee = $300, semiprofessional football tryouts and practices, the Facility Use Fee = $350, and youth football games presented by nonprofit organizations, the Facility Use Fee = $100 and the Concession Fee = $50 per Concession Stand. The attached resolution will ratify this action. We anticipate receiving additional requests from other types of organizations for the use of the Facility and will require a sufficient period of time, approximately eighteen (18) months, to identify market conditions and thereupon to determine appropriate fee schedules and other conditions for its use. In the interim, we recommend that the City Manager, or designee, be authorized to negotiate and apply appropriate term and conditions, including use fees, with prospective users on individual basis, providing that: a) like fees and conditions will be applied to similar groups under similar circumstances, b) all City -incurred costs are paid by said users, and c) non- waivable charges, such as the ticket surcharge, will not be waived. �.� 93- 715 CA14'