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Home My WebLink AboutR-07-0347City of Miami Legislation Resolution: R-07-0347 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00426 Final Action Date: 6/14/2007 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 City of Miami Page 1 of 3 File Id: 07-00426 (Version: 21 Printed On: 4/4/2017 File Number: 07-00426 Enactment Number: R-07-0347 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 City of Miami Page 2 of 3 File Id: 07-00426 (Version: 21 Printed On: 4/4/2017 File Number: 07-00426 Enactment Number: R-07-0347 WHEREAS, the Agreement also provides for MAM and its successors to maintain public access to 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} 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. City of Miami Page 3 of 3 File Id: 07-00426 (Version: 21 Printed On: 4/4/2017