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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00426
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY
ASSOCIATION, INC., TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS
MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN
THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE
VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND
DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING
SAID FUNDS, FROM CAPITAL IMPROVEMENT PROJECT NO. B-78503
ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOLLOWING THE ISSUANCE OF
SERIES II HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
PROCEEDS, FOR SAID PURPOSE.
WHEREAS, on November 13, 2001, the voters of the City of Miami ("City") approved by
referendum the City's issuance of $255 million, in limited ad valorem tax general obligation bonds for
homeland security, neighborhood improvements, capital projects and infrastructure improvements- the
"Homeland Defense/Neighborhood Improvement Bonds" ("Bond"); and
WHEREAS, pursuant to Ordinance No. 12137, adopted October 11, 2001, authorization to seek
voter approval was provided, an allocation of future Bond funds to specified projects was provided and
such allocations were further clarified pursuant to Resolution No. 02-1294, adopted December 12,
2002; and
WHEREAS, the public information campaign conducted for the voter referendum and the enabling
legislation identified the "Miami Art Museum" and the allocation of Bond proceeds "to assist the
museum in establishing a development site at Bicentennial Park ("Park")," which is a recreational
facility owned by the City and located at 1075 Biscayne Boulevard, Miami, Florida; and
WHEREAS, the City completed and approved a community -based plan entitled "Bicentennial
Park -Museum Park" which recommends that four (4) acres in the Park be reserved for the
development of an art museum and an additional four (4) acres be reserved for the development of a
science museum; and
WHEREAS, Miami -Dade County voters also approved, in November, 2004, the issuance of
general obligation bonds and has included in its bond program the sum of $100,000,000, to support
the development of a new art museum facility in Bicentennial Park ("Project"); and
WHEREAS, the Project will be a public fine arts museum, a significant community asset offering
first class art collections, exhibitions, classes and courses located in an approved site in the Park and
will enhance the artistic and cultural vibrancy and life of the City, and of its residents and visitors; and
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File Number 07-00426
WHEREAS, the Center for Fine Arts Association, Inc., was the operator of the regional fine arts
museum located on Miami -Dade County property when it opened in 1984, and was subsequently
re -organized in 1996 as Miami Art Museum of Dade County, Inc. ("MAM"); and
WHEREAS, MAM is a 501(c)(3) tax exempt organization devoted to the collection and presentation
of works of fine art for the use and enjoyment of the general public and has operated the regional fine
arts museum since 1996; and
WHEREAS, MAM has been a significant contributor and an integral partner in the processes
undertaken thus far for the Project; and
WHEREAS, it is the intention of the City to continue to foster the existing coalition for the Project
with MAM and Miami -Dade County and to secure a legal arrangement with the parties for the design
and implementation of the Project at said City -owned park; and
WHEREAS, the City allocated a total of $3,500,000, for the project from the Bond to be dispersed
over several funding cycles; and
WHEREAS, in furtherance of the Project, the City utilized $800,000, of the MAM Bond allocation
from the Series I Homeland Defense/Neighborhood Improvement Bonds ("Series I Bonds") to hire
Cooper, Robertson and Partners, to prepare a master site plan and design development documents
for the park; and
WHEREAS, Resolution No. 05-0175, adopted March 24, 2005, authorized an initial grant in the
amount of $700,000, to MAM utilizing Bond proceeds; and
WHEREAS, MAM secured consultants specializing in fine arts museum planning, financial
feasibility and project management with the assistance of these funds; and
WHEREAS, MAM has now exhausted the $700,000, and seeks the remaining funds to begin
implementation of the Project plans including the retention of an architectural firm and various design
consultants to develop construction documents; and
WHEREAS, the City Commission, by passage of this Resolution, will authorize the allocation of the
remaining City funds in the amount of $2,000,000, for the provision of design and consulting activities
and will further authorize the City Manager to execute a Project Co -Operation Agreement
("Agreement"), for this purpose following the issuance of Series II Homeland Defense/Neighborhood
Improvement Bonds ("Series II Bond"); and
WHEREAS, the Agreement lays forth the duties and responsibilities of the City and MAM, provides
for the use, accountability, accessibility, and terms of this undertaking by MAM; and
WHEREAS, MAM has agreed that all documents, reports, materials and drawings that are
developed with the assistance of the Series I Bond proceeds and/or Series II Bond proceeds shall
become the property of and be owned by the City, which will subsequently donate such documents,
reports, materials and drawings freely available to MAM and to Miami -Dade County, if applicable, for
use on the Project; and
WHEREAS, the Agreement also provides for MAM and its successors to maintain public access to
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facilities developed with Series I Bond and/or Series II Bond proceeds, and that said facilities will be
publicly owned; and
WHEREAS, the Agreement will be subject to approvals as to insurance requirements by the City's
Risk Management Director as to legal form and content by the City Attorney; and
WHEREAS, the Agreement will further be subject to consideration by the City's Bond Oversight
Board; and
WHEREAS, the City Commission finds and determines that proper use of this allocation will
primarily benefit the general public and serves a paramount public purpose; and
WHEREAS, funds for this purpose will become available with the issuance of the Series II Bond
and appropriated into the Capital Improvements Project No. B-78503, entitled "Miami Art Museum -
Bicentennial Park:"
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A grant to MAM to support the development of a new fine arts museum facility in the
City -owned Bicentennial Park, in the amount of $2,000,000, approved by a referendum of the voters in
November, 2001, as a specified project in the Homeland Defense Neighborhood Improvement Bond
Program, is authorized, with funds to be allocated from Capital Improvement Project No. B-78503
entitled "Miami Art Museum -Bicentennial Park."
Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, following the issuance of Series II Bonds, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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