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Home My WebLink AboutO-10928A J-91-557 9/11/91 ORDINANCE NO. 10928 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 38, AS AMENDED, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "BAYFRONT PARK MANAGEMENT TRUST", TO ESTABLISH A DEDICATED REVENUE SOURCE FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN LOCATED IN BAYFRONT PARK AND TO PROVIDE THAT THE BAYFRONT PARK MANAGEMENT TRUST MAY ESTABLISH USE CHARGES FOR THE USE OF TENTS, TICKET BOOTHS, FENCING, TABLES AND CHAIRS OWNED BY BAYFRONT PARK MANAGEMENT TRUST AND FOR USE IN THE BAYFRONT PARK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Code provides that the Bayfront Park Management Trust (the "Trust") shall direct, operate, manage and maintain the Mildred and Claude Pepper Bayfront Park (the "Park") for the purposes of ensuring maximum community utilization and enjoyment and shall endeavor to attract organized activities and functions to the Park consistent with this purpose; and WHEREAS, the present policy of allowing the promoters of events in the Park to use tents, fencing, ticket booths and other equipment of varied types, colors, and quality does not ensure that Park activities will consistently enhance the appearance and preserve the character of the Park; and WHEREAS, the Trust recommends the immediate adoption of a Policy to safeguard and preserve the character and environment of the Park and to CGnnro -AA2 is _ .. _ operation of the Fountain whereby all private promoters who enter into agreements with the Trust for the use of Bayfront Park shall be required to pay a fee for the use of tents, ticket booths, fencing, tables and chairs owned by the Trust (the "Park Equipment"), with said Park Equipment use being considered generally as an integral element in the use of the Park; and 10928 WHEREAS, the City Code also provides that the Trust shall, to the greatest extent it determines to be feasible, implement the exercise of its powers in a manner which utilizes and encourages the fullest and most active participation and cooperation of private enterprise, and further, that the Trust shall actively solicit contributions and financial support from private business interests for the enhancement of the Park; and WHEREAS, the Trust anticipates generating substantial revenues from the use of Park Equipment and proposes to use such revenues as an effective means of partially subsidizing the operating costs of the Park Fountain; and WHEREAS, a City interdepartmental review has determined that the need exists for the herein ordinance in the City Code to thereby authorize the Trust Executive Director to establish special charges, terms, and/or conditions for the use of Park Equipment; 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. Article III of Chapter 38 of the Code of the City of Miami, Florida, as amended, entitled "Bayfront Park Management Trust" is hereby amended by adding the following new Section: "Sec. 38-79.1. Charge for use of Park Equipment in Mildred and Claude Pepper Bayfront Park. An equipment use charge is hereby assessed on all private promoters of events or activities held in Mildred and Claude Pepper Bayfront Park. Revenues from such charge shall be used to partially defray operational costs of the Mildred and Claude Pepper Fountain. The herein charge for use of park equipment shall be established by the Bayfront Park Management Trust Executive Director at fair market value and may be a separate charge or may be incorporated as part of an unapportioned park user fee. This equipment use charge shall not be applicable for those events for which prior contractual relationships exist which have been approved by the City Manager, or his designee, or the - 2 - 10928 LJ Bayfront Park Director." Management Trust Executive Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this llth day of September , 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING this 3rd day of October , 1991. ATTES XAVIE SUAREZ, MAYOR MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: C' �A MIRI M MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i A. QUTRN i9w, III ACTING CIT ATTORNEY GMM/rma/pb/gmb/M832 - 3 - 10928 i r �k Cav Jaf MATTY HIRAI City Clerk Y= CESAR H. ODIO r O City Manager October 21, 1991 Ms. Janet Reno State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Reno: Enclosed herewith please find a cop of thelo Which amend the Code of the City ofMiami, FlooridaWing Ordinances 10926 10927 10928 Please acknowledge receipt of same by affixing to the enclosed copy of this letter and return ittoothis ur iOfficenatuefor our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEFUTY CITY C — --- RECEIVED BY: ------ DATE: . M----- H.vg Enc. a/s OFFICE OF THE CITY CLERK/35oo Pan American Drive/P.O. Box 330708/Miami, Florida 33233.0706/(305) 250-5360 i Mutt MATTY HIRAI Y City Clerk r, 111,1. 1111i1 J 11 11 r'u..Fig, CESAR H. ODIO City Manager October 21, 1991 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: Enclosed herewith please find a cop Of thelo which amend the Code of the City OfMiami, FlooridaWin9 Ordinances 10926 10927 10928 Please acknowledge receipt of same by affixing the enclosed copy of this letter and return ittoothisur iOfficeefor our files. r Thank you. RECEIVED BY: --------------- DATE: Enc. a/s Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CITY C ER ------ OFFICE OF THE CITY CLERK/35W Pan American Drlve/P.o. Box 330708/Miami, Florida 33233-0708/(305) 250-5360 01.1,1cg MATTY HIRAI City Clerk N 0 o rt� Fop October 21, 1991 CESAR H. ODIO City Manager Mr. Robert L. Laslie Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Mr. Laslie: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 10926 10927 10928 If I can be of any further assistance, please do not hesitate to call. Enc. a/s Very truly ya rsU'_�_� Valerie Greenwood Deputy City Clerk OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 33070e/Miami, Florida 33233-0705/(305) 2SO.5360 K MIAMI 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 Sockle Williams, who on oath says that she Is the Vice President of Legal Advertising of the 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. 10928 RE: Amending Article III, etc. xxx Inthe ......................................... Court, was published In sold newspaper In the Issues of October 29, 1991 Afflant Miami InesaiddDadle Coun�aFloride and thhat the sold newspaper has, heretofore been continuously published in said Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and hea been entered as second class mall matter at the post offlce In Miami In said Dade County, Florida, fora period of one year next preceding the firot p Ication of the attached copy of advertisement- end afflant 1 e says that she has neither paid nor promised any person, Irm r corporation any discount, rebate, commission or refu d r the pu ose of securing this advertisement for publics I in the sal ewspaper. 40/0061� ........ i"srrom to il#epbscribed before me this * r 29th . day of.4*4 W » . *......, A.D. 19.91... s (SEAL) a 0"OFFICIAL NOTARY SEAL' Lit CRISTINA INGELMO My COMM- EXP. 4/5/95 Uj rn