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HomeMy WebLinkAboutVK Ordinancevirgin e Beach ar M, klti-j City of Miami Ordinance '-00-404 .2/13/00 ORDINANCE N0. I AN ORDINANCE -OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AME DING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE w.ti.wa—rre r mtvr• Y/Tit1-rITT T V111V 'D�•X/"u U3 r AlYU Z111.1ito 10X1 6"X+ Y1L1V 1►1t7 _vu1 uw•..•• +ra...ti TRUST (THE "TRUST"`) , SET FORT}? THE LEC3AL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIGNATE THE TRUST'S JURISDICTIONAL AUTHORITY., SET rCIZT14 THE TRUST'S PURPOSE"; POWERS, AND DUTIES, AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILITY AND ATTENnANCE REQUIREMENTS, OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AND "S"WSET" REVIEW OF THE TRUST EVERY FOUR YEARS; MORE PARTICULARLY BY Aj%fEND7_NG SECTION 2-842 AND BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-242, TO CHAPTER 38 OF THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Virginia Keay Beach Park ("the Park"), a 77 -acre historical landmark called "Old Count} Park", was, during the era of segregation, the location of a `Colored Only' beach from 1945 to the early 1960s, and hag remained closed since 1982, except by special permit; and WK REAS, the citizens of Miatm: have expressed a desire to have the landmark preserved, restored, maintained, and accessible to the general pudic; and WREREAS, the City Commission established a Virginia Key Park Civil Rights TaskForce and a Virginia Key Beach Advisory Board, !Doth of which were charged wit:: the responsibility to seek out and astabliah the manner an which the desires of the public could best he addressed; and WHEREAS, during 1999 and 2000, the .Task Force/Advisory Board held mcie than twenty-five .(25) public meetings, hietcry tours, community educational and outreach events that culminated in a public planning charrette on January 14-16, 2000, to devise a plan for the Virginia Key Beach Park; and WHEREAS, said charrette served to crystallize a visio-.% for -reservation cf Virginia Key Beach Park consistent with its ivironmental, historical and recreational characteristics; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAI11I , FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference and incorporated as if fully set forth in Lhis Section. Section 2. Chapter 2/Article XI ent-itled "ADMINISTRATION/BOAR.DS, COMMITTEES, COMMISSIONS," im hereby amended in the following particulars:31 word• and/or figures stricken through @hall be deleted. Underscored words and/or £igurea shall be added. The remAlaing provisiore ars now in effect and remain ttnchatmged. Astarieks indicate omitted And UmChanged material. "Chapter 2 ADMIN STRATI ON ARTICLE XI• SCARD5, COMINITTEES, COMMISSIONS * t DIVI•STO?�7 1 C�E'P. ;r:LY Sec. 2-992. "sunset" review of boards. Commencing with the year 1.995, each City board shall be reviewed in the following manner; (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: f, 2000: (to be datermiud) Virginia Key Beach Park Trust. Section 3. Chapter 38 of the Code of the City. of miami, Florida, as amended, entitled ,Parks and Recreation", is hereby amended by adding new Article VI., entitled "Vixrginiu Key Beach Park Trust", in thn following particulars:21 "Chapter 38 DARKS AND RECREATION * -A x ARTICLE VI. VIRGINIA KEY REACH PARK TRUST Sec. V-230, Virginia Xey Beach Park Trust created. A limited agency. and instrumentality of the City to be known: as the "Virginia Key Brach. Park Trust" is hereby created and established. Use of the term ;Trust" in t_h_ip arttirt e SL^aII -MRa1 the -V'i 7inia Key Beach Park Trust. Sec. 36-231. Jurisdictional authority. The Trust shall exercise the powers and duties set forth in this Chapter over the land area described in "Attachment A," attached hereto and incorporated herein. Sec,.33-232. Purpose; powers and duties. (a) Purpoae, The Trust, in cooperation with the Department of Parke and Recreation and other City departments, shall be guided by its vision to preserve the Virginia Xey Beach Park (the "Park") property in a manner consistent with the environmental health, public USE!, historical importance of the Park and the aspirations of the African American ccmmur_ity and shall Propose policy, pla_-wing; azd design to ensure maximum Comm=it y utilization, enjoyment, and maintenance of the Park as an open greenapace compatible with its historical and recreational characteristics and accessible to the public. The Trust 6hall endeavor to promote activities and functions at the Park consistent with this purpose and with the nature of the Park. (b) Powers and dutjes. Subject to Cicy Ccmmiesion approval and compliance with the terms and Conditio:is of any existing contractual obligations, the Trust shall be empowered to take all actions necessary including, but not limited td, activities which: rotect, preserve, advocate for and ensure the retention of the deed restriction im a®ed upon the property known as Old County Park when deeded to the City of Miami by Miami - Dade County, which ensures public access and restricts the "land"_ to public park uses;�� Z. assist and advise the City Cormnieoion, the Department of Parks and Recreation, other departments and! otherpublic officials and entities concerning the Park; 3. promote, oversee and assist in the activities of .private persons and cther organizations concerned for the Park. and develop increased public awareness, use, and interest in Virwinia Kay; 4. assist in providing services, group tours, and information to visitor$ of the' Park., environmental and historical education, food, cultural and recreational activities and other special events; 5. increase public consciousness about the historiz and environmental significance of the Park and assist in the Park's application for historic designation locally, within the state and nationallyi 6. solicit and accept grants, contributions and financial and non-financial support from ind^ i d a?s, private business intereats, the ganeral public, governmental entities, COKE orations and organizations, foundations and ocher philanthropic entities; 7. establiuh partnerahive and associations with other entities for the purpose of collecting and preserving historical data, memorabilia, artifacts and other material in furtherance of the Trust's purpose; 8. implement full and active participation an -d cooperation with public and private entities in furtherance of the Trust'a pu ose and the desires of the communityt _promote the stabilization, praservation, and restoration of existing structures; conduct land and archeological surveys; and establish historic marker designations of lost� or removed structures and equipment located at the Park 9. participate in any other fundraising activity, whether solely involving the Trust or involving partnerships with other persons or public or private organizations, which. furthera [he Trua.t'a urpoge (c) 'Notwithstanding any Froviaicna to the cantrary, the Trust shall exercise only such powers as are granted eurbuant to this Article. Sec. 38-233. Go-werning body: eor=S.I:ior. an8 o2r„!;lt;�,enta; terme of office and vacariCies; memberehi� Qligzbiliry reglAirements; oath; quorum and voting) mesatings; attendance requirements; zndemnificaCion, (a) Compositlosi atnd app ointments. The Trust shall coziaiat of nine (9) members comprised as follows: 1.1) one (1) member appointed by the Mayor) (Z) Five (5) members appointed by the city - Commisaian, with sash commissioner nominating ore individual (3) Three (3) at -large members initially nrmnat_ed b4 the existing or for�ner members of Lha Vir ig nia KeY Beach Advisory 9oard and s-.Lbseiuently nominated by a majority of the existing membars of the Trust and _confirmed and aRpointed by th¢ city commission; (4) _ The Trust members $halms broadly reflect the _diversity of the community and share technical, professional expertise or experie-r_tial knowledge and interest in the followina areas:_ natural_ and environmental Sclencea, historic preaervaticn and Engineering, p4ann3-r0 and land use law, administx•ation and fiscal management recreation and cultural endeavors, public relations and marketing, and Park management and programs (b) Terms of office and vacancies. Each member Shall b appointedby Che Mayor or CitY cOmmi®Sion for a. term cf Cwa years ar until the Mayor or nominating Comm isiione� leaves office w:li.chcvcr o + i LCurB Firer-, except that arm person appointed to fill a vRcancy due -c the death, rpsignacion or removal of any member of the Tr_uat shall serve only for the remainder of the unexpired term. No member shall serve more than ei consecutive years on the Trust. Nothin5 set forth reappointed after a hiatus of two years. (c) Membership eligib32ity requirement$_ (1) Each member of the Truac shall reside, work, 2) own real property or maintain a business in the City and shall be an individual of w ou�anding reputation for intgritY, reeponeibility and commitment to serving tine community and have a demonstrated interest in the future of the Park and in implementing the viaion of the Trust and of the Public Plannins Charrette, Appointed membera• are enacted to participate actively in the func t ionizng of the Trust, The chat perecn of the Trust shall have the power to appoint all members serving on the varioue committees which the Trust Shall establiah from time to time, Unless the city Commiasicri by four-fifths vote of its membership waives the requirement that Trust members either reside in the City, own real property in the Cicy or maintain a business in the City, any member of the Trust who ceasea co be a resident of the Cit and or ceases to work, own real propertx or ma:;.ntain a business in the City during the term of his or her office shall immediately advise the City Clerk. The City Clerk shall inform the City Commission and the Trust whenever a Trust member has ceased to be in gmpliance with said membership eligibilitNr requiremente and the Trust member shall lie automatically removed from the Trust The City Clerk shall then infvzm the city Commission in writing that the position has been declared vacant. Upon beir2 adviaad by the City Clerk of such circumstances, an a ointment to fill the vacancyshall be made in accordance with subparagraph b) einabove, 3) No merlber of the Trost shall become a candidate for elective political office dLrina his or her term. should anv rnPmhar nf: the Trust qualify as a candidate for elective Volitical office, such qualification shall be deemed a tender of resignation from the Trust. S4) No emploXae of Miami -Dade County, Florida, or any municipality therein other than City employees, shall, serve o n cr bo aE;Oo;nred to the Trust. (d) Oath- Upon the effective data of appointment, or as soon thereafter as practicable, each member of the Trust shall assume the duties of a member of the Trus but before doing so, shall take the oath prescribed by section 41(e) and (f) of tha City Charter. (e) Quorum and votinq. At all meetings of the Trust, a majority of the then appointed members shall -- constitute a quorum for the transaction of business, and each member shall have one vote on every issue .. Submitted to a vote of the Trust. The act of a majority of the members present at a meeting at which a quorum it present shall be the act cf the Trust. The members of the Trust shall make and adopt bylaws and rules and reg -Mations for the Trust's gove"ance and for 'he operation, management and maintenance of the Park. (f) Meetings. The Trust shall hold regular quarterly meetings and may mold such other meetinge as it deems necessary. All meetinge of the Trust shall be public. Written minutes of the proceedincis of all actions taken at the meeting of the Trust shall be maintained by the Trust and shall be promptly and properly recorded and Submitted to the City Clerk -(g) Attendance requirements. A member shall be automatically removed if (a) in a � Y givetl calendar year he or she is ab sent from three (3) ccneecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings within an eight-month period without an excused absence. (h) lnde=ificatiarl, The Trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the City's insurance manager. To the extent such coverage does not apply, the City shall indemnify the meMbers in the same manner and to the same extent that it indemnifies all other City advisory boards. Nothing In this section shall be construed in any way to affect the laws relating to sovereign immunity. i Sec, 38--234. Executive director; appointment, term, qualifications, cynpensaticn, general powers and responsibilities. There phall be an executive director who shall be appointed by the Trust subject to City Commission approval. Additionally, each succeseor executive director shall be similarIX appointed and approved. After hiring an executive director, the Trust -shall submit monthly written status reports on the Truet's operations and expenses to the City Commission. The executive director sha21 be aper -won of good moral character =d have an excellent reputation • for integrity, reggypsibility, and business ability, but no Trust member shall be eligible for appointment as executive direct -or. The executive director shall receive such salary ae shall be fixed by the Trust, and approved by the City Commission, The executive director shall take an oath before assurzing any duties. The executive director Shall act as the chief executive officer of the Trt;et. Subject to the policy directives CC the Trust, the executive direptvr shall hayegeneral supervision over and be responsible for the management and operation of all Trust activities and facilities. The executive director shall execute all contracts on behalf of the Truat after approval by the Trust. The executive director shall attend all meetings of the Truet, shall furn;sh the Trust a quarterly report with respect to the management, operation, and maintenance of the Park, and the financial condition cf the Trust and shall from time to time have prepared and shall furnish such re orte, audita and other information relating to the Park and to the Trust as may be required by the Trust or the City. In the event that the execute Te director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the City Commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until SUCH incapaeiRy of the executive director ceases, SeC. 38-235. Employment cf aseis_ants. SubisCt co the policy directives of the Tru4c and t limitations, the executive director may emplov such assistants as aLe neceaaary- to ,provide for the efficient operation of the Trust, i 5eC. 38-236. Counsel. The Cid Attorney's off -,'--a 4talll p=,vida legal. oai�ic�a LO Ltie Trust as may be necessary and regaesned by the Trust. Sec. 38-237. Approval of budget. (a) Effective immediately,-- the Trust small establish a fiscal yeaz which coincides with that of the City of Miami. The Trust shall submit to the City Commission in a form acts table to the City Manager,_ and no later ceding the commencement of -each fiscal year, a Trust budget requean pertaining to management operation, maintenance and capital expenditures and delineating the financial re sponsibility of the City for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothinq contained herein shall be construed to prohibit the Trust from submitting a .supplemental budget tc the Commission for approval. _(b) No expenditure shall be made in any given year without approval by the City Comisnion of the Trust budget for that year and all expenditure shall comply with City procedures for acquisition of goods d services. (c) in conjunction with the submission of the budget, the Trust shall submit a mastar plan reflecti q the proposed v erations, activities improvements, and Maintenance plans for the forthcoming f iscal year. The City Commission may review and deny any item contained in the master plan within thirty _(30) days from the its of its gubm: t. Sd) No provisicn contained in this Article shall be construed to violate the Anti -Deficiency Act, as suet forth in Sections 18-500 througri 16-503 of this Code:` Sec. 38-238. Annual report and audit. (a) The Trust shall submit to the Mayor and City Commission an annual report and an Ann11a1 -L and -t shall be performed by an external auditor who is a certified public accountant. 1b) Additionally, the Cita shah. Ih,ave the right to audit any books, accounts, expenditures, receivables, and contracts of the Trust at any time. Sec. 38-239. Charge for rental of Park or time cf Park equipment. A charLe far rental of the Park or equipment use is hereby assessed or. all private promoters of events or activities held at the Park. Revenues from such charge shall be used topartially defray operational coets of the Park. Notwithstanding any Charter or code provision to the contrary, the Trust, after consultation with the City Manager, shall establish apportioned or unapportioned user tees for use of the Park or Park equipment. These chargee shall not be -.- applicable for those events for which contractual relationships preexist this ordinance which have been approved by the City Manager or designee. Sec. 38-240. Reservation of Park use. The Park shall be reserved for community use fifty percent (50%) of the days of each fiscal year. An additional thirty (30) days each year are reserved for use b)L the Trust, unless the Trust has existing commitments for scheduled events on the requested day(s). The Truest shall be empowered to waive the Park rental fee during portion.(s) of such 30 -day period when the Park user is a bona fide nonprofit group, -pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501 (c) (3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for cultural charitable, scientific, environmental historical, testing for public safety, literary cr educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to chlldren or animalm . Sec. 38-241. Auchorizati.on, of the Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wire, for special everts, performances or programs; issuance of permits for special events which - reVire extraordinary sacurity measures or extraordinary amplification, prohibited. (a) Notwithstanding apX, provision in the City Code to ere contrary, the Trust, or its executive d27-actcr, on such special occaaiona and for such special events, performances or programs _a,s deemed appropriate by the Trust, ar its exec'Atiye dizector. Ma y permtt, upon execution of an application/par-ndt form and upon payment in full of the_ permit fee a2ecified in City Code Section 38 70 (g) the ea? a yr dispensing of alcoholic beverages, including beer and wine, in soft containers at the Park. (b) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to coliance with all applicable state and local 1•aws rules, regulations and with any special condit.iors met forth on the application/permit form. e iesued in connectiun with events of the ne which requires extraor security njeasure8 or extraordinary amplification. Sec. 38-242, Abolition of Trust. The City Commission, by an affirmative vote of three Cornrniss:anera, may abolish the Trust, at which time the powers and duties of the Trust shall rev®rt to the Cit }• and the City shall resume re3ponsib'1 ty for the maintenance, operation and management of the Park " Section 4. All ordinances or parte of ordinances insofar as they are inconsistent or in conflict with the provioions of this ordinance are hereby repealed. Section 5. If any section, part of, section, paragraph, clause, phrase or word o- this Ordinance is declared invalid, the remaining provisions of this ordinances shall hot be affected, Section 6. This ordinance shall become effective thirty (30) days after final reading and adoption thereof.31i i PASSED ON FIRST READING BY TITLE OrLY this Zit day of PASSED AND ADOPTRD ON SrCOND AND FINAL R.2ADING BY TITLE ONLY this 14th day of December , 2000. JOE CA.�OLLO , MAYOR In rac=eme vAh Miami God® Sec. 2 38, Shoe tho Mayor did not in�lGato this iaylaiation by signing it in the dti5; 1w-1gd pla c lx�mas c1i'adive with the c!•:p::o of ►sn (10' t- ,x tegxd4V same, without the ATTEST: WALTER J. FORMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJ VDRO LARELL0 CITY ATTCPJJEY W875:ENW:BSS f :his Ordinance shall become effective as specified hcrain unlearn vetoed by the Mayer within ten days fTOm the date it wag palled and adop:sd. If the Mayor vetoes this Ordinance, it shall become efleetive immediately upon override of the veto by the City commission or upon the ---A *naroLn. whichever is later.