HomeMy WebLinkAboutR-86-0456J-86-484
6/3/86 RESOLUTION NO. 86-456;
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT THE DONATION OF 36 GOLF TEE
MARKERS FOR THE TWO CITY -OWNED GOLF
COURSES FROM THE WOMAN'S GOLF ASSOCIA-
TIONS OF MELREESE AND MIAMI SPRINGS.
WHEREAS,
the
Melreese
and
Miami Springs
Woman's
Golf
Associations
have
offered to
donate
36 golf tee
markers
for
the
two City -owned golf courses, and
WHEREAS, the City's Law Department has reviewed the legality
of accepting this kind of donation and has responded in the af-
firmative, and
WHEREAS, the City shall retain the right to approve the
Fi
sponsor,
agreement between the Woman's Golf Association and sign s
9 9 p
and
WHEREAS, the City reserves the right to approve all tee -sign
advertisements through the City Manager; and
WHEREAS, said tee markers would add to the aesthetic beauty
of the golf courses as well as respond to a need for such facili-
ties to the golfing public;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to accept
the donation of 36 golf tee markers for the two City -owned golf
courses from the Mel reese and Miami Springs Woman' s Golf Associ a-
tions.
PASSED AND ADOPTED this 12 h day of ,TTTNF 1986.
ATTEST:
PREP RED AND APPROVED BY:
i
ZA�i
ROBERT
i
• , DEPUTY CITY ATTORN
APPROY *S'_ TO FORM AND CORRECTNESS:
w r GCii iS$s
MTING r"
JUN 12 IM
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Cesar H. O d i o
City Manager 4
DATE: J U N L 1986 FILE:
SUBJECT` Proposed Resolution -
Acceptance of Golf
Tee Markers
REFERENCES:
ENCLOSURES:
It is recommended that the City Manager be
authorized to accept the donation of 36
golf tee markers for the two Ci ty gol f
courses from the Woman's Golf Association
at- thei r respective courses, Melreese and
Miami Springs.
The Melreese Woman's Golf Association and the Miami Springs
Woman's Golf Association have offered to sponsor 36 golf tee
markers (graphic display signs) for the two City golf courses.
The signs will include a brief sponsor's message which will be
minimal, tasteful and approved by the City.
There will be no cost to the City. In addition to vested owner-
ship by the City the signs will be maintained, repaired and re-
placed by the company making the signs, T Graphics, Inc.
Providing tee markers to identify the golf course is necessary
for the public's use and enjoyment. The informative signs will
aid the player in determining yardage and directions and will
also insure the golfers they are on the right tee.
If the City were to provide these signs, in house, the cost wot
be $5,000 for both courses in addition to maintenance and r
placement expenses. The Woman's Golf Association, at ei
course, will receive $75 per sign from T Graphics which will
s used for a golf scholarship and the development of Jr. Golf.
It is, therefore, recommended that the City Manager be authoriz
to accept the donation of 36 tee markers from the Woman's Gc
Association of Melreese and Miami Springs Golf Courses.
SG-4561
CITY OF MIAMI. FLORIDA 04,
INTEROFFICE MEMORANDUM
Albert H. Howard, Director
ir
rtment of Lesure Services
ge F. Knox, Jr.
Attorney
PATE
April 24, 1981
VILE:
MIA-81-20
SU0lr-�T A-14 35
Donation for Golf Course
R+EcEiv-r:::
REFERENCES.
ENCLOSURES ' APR 27 196,
Your request posed the following question:
CAN THE CITY ACCEPT A DONATION OF GOLF TEE
MARKERS WHICH CONTAIN MINIMAL TASTEFUL AD
VERTISING LISTING A SPONSOR ALONG WITH
AN AGREEMENT OF THE DONOR TO PROVIDE THE
CITY WITH THE AMOUNT OF $60 PER MARKER
PER YEAR FOR UPKEEP OF THE MARKER AND SUR-
ROUNDING AREA?
The question is answered in the affirmative.
This answer is based upon two assumptions in your request
stating (1) that the markers would be donated to the City
and (2) the advertising would be minimal and tasteful.
While commercial advertising is not permitted on public golf
courses, the subject agreement could be drafted so as to
allow the advertising incidentally to providing golf tee
Markers for the benefit of the public and as part of general
golf course beautification.
As this office previously opined in MIA-76-31, when author-
izing the selling of advertising space to private enter-
prises on City of Miami Golf Score Cards, municipal author-
ities are empowered to permit or grant privileges for con-
ducting transactions customarily associated with public use
and enjoyment of park properties. (10 McQuillin, Section
28.53). Providing tee markers to identify the golf course
is necessary to the public use and enjoyment and an arrangement
wherein the tee markers are donated and maintained in exchange
for permitting minimal sponsor advertisingis
permissible,
so long as the primary purpose is a public one and the sponsor
advertising is merely incidental thereto. Additionally,
because such use would be that of licensor -licensee rela-
tionship and no interest or estate in the land is passed,
86-456'1
Albert H. Howard -2- April 24, 1981
public bidding would not be required before entering into
the subject agreement. See MIA-81-01.
This office should be consulted in the drafting of an appro-
priate agreement to manifest the above intent between the City
and the donor.
Prepared by:
John J . Cope lan.'
AssistaneCity'Attorney
GFK/JJC/wpc/1
86-456: