HomeMy WebLinkAboutO-13002City of Miami
Legislation
Ordinance: 13002
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00232 Final Action Date: 6/12/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GREEN INITIATIVES," BY ADDING A NEW ARTICLE ENTITLED "GREENSPACE
MANAGEMENT FUND," TO CREATE AN ACCOUNT FOR THE MANAGEMENT OF
FUNDS USED FOR THE PRESERVATION OF THE CITY OF MIAMI'S PUBLIC
GREENSPACE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Greenspaces contribute to improved air quality, land conservation, wildlife
preservation, water quality and the overall quality of life in the City of Miami ("City"); and
WHEREAS, Greenspaces help to manage stormwater, allow for the natural replenishment of
groundwater aquifers, provide wildlife habitat, improve air quality and the carbon sequestration
capabilities of plants and trees, and provide the natural amenities that make the City a pleasure to live
in; and
WHEREAS, Greenspaces can dramatically reduce the investment costs in infrastructure for
drinking and wastewater; and
WHEREAS, Greenspaces can reduce energy costs for the City's citizens and businesses and
reduce rising temperatures in urban areas caused by increased paving and minimal tree coverage;
and
WHEREAS, using Greenspaces to link parks, schools, shopping centers, and work sites will
improve community health, decrease driving and its associated carbon emissions and increase
livability by encouraging walking or biking within communities; and
WHEREAS, the City, as determined in the 2008 American Forests Urban Ecosystem Analysis
study, has a ten percent (10%) tree canopy in some neighborhoods but should, ideally, have a thirty
percent (30%) tree canopy; and
WHEREAS, a dedicated funding source is needed to support Greenspaces within the City; and
WHEREAS, the Florida Legislature has adopted Section 369.255, Florida Statutes, enabling local
governments to establish a mechanism to provide dedicated funding for the aforementioned activities,
when deemed necessary by a municipality; and
WHEREAS, Section 369.255 provides that, in addition to any other funding mechanisms legally
available to municipalities to control invasive, non -indigenous aquatic or upland plants and manage
urban forest resources, a municipality may create one or more green utilities or adopt fees sufficient
to plan, restore, and manage urban forest resources, greenways, forest preserves, wetlands, and
other aquatic zones and create a stewardship grant program for private natural areas; and
City of Miami
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File Number: 08-00232 Enactment Number: 13002
WHEREAS, Section 369.255 provides that municipalities may create, alone or in cooperation with
other counties or municipalities pursuant to the Florida Interlocal Cooperation Act, Section 163.01,
one or more greenspace management districts to fund the planning, management, operation, and
administration of a greenspace management program; and
WHEREAS, the fees shall be collected on a voluntary basis as set forth by the municipality and
calculated to generate sufficient funds to plan, manage, operate, and administer a greenspace
management program; and
WHEREAS the Miami City Commission has passed a resolution establishing a new special
revenue fund entitled "Greenspace Management Fund," for the maintenance and management of all
Greenspace within the City which will consist of funds appropriated from the City, and contributions
from public, private, local, state and federal sources; and
WHEREAS the City wishes to establish as part of its code of ordinances an ongoing account to
assure the perpetuation of Greenspace in the City;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 22.5, of the Code of the City of Miami, Florida, as amended, entitled "Green
Initiatives," is amended in the following particulars:{1}
"CHAPTER 22.5
GREEN INITIATIVES
ARTICLE II. GREENSPACE MANAGEMENT FUND
Sec. 22.5-xxx. Definitions.
The following terms shall have the assigned definitions for all purposes under this ordinance:
Greenspace: The interconnected network of landscapes that serve the residents, businesses, visitors,
and future generations of the City by providing natural drainage, clean water, wildlife habitat, and
passive recreational opportunities to the City.
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File Number: 08-00232 Enactment Number: 13002
Sec. 22.5-xxx Intent.
The Greenspace Management Fund (the "Fund') will serve as an account for the receipt of voluntary
contributions and funds appropriated from the City each fiscal year which will be used to acquire,
improve, and preserve the City's public Greenspace.
Sec. 22.5-xxx Established.
There shall be established the Greenspace Management Fund. It will be maintained and administered
by the City pursuant to this article and used to fund the acquisition, improvement, and preservation of
Greenspace in the City, for activities such as:
a. Planting or maintaining trees on City -owned property;
b. Developing multi -use trails to connect City parks, points of interest and existing or
proposed trails in adjoining communities;
c. Preserving watersheds, wildlife corridors and other essential components of the natural
environment;
d. Restoring the integrity of natural resources in areas that have been degraded or damaged;
e. Maximizing the ability of natural resources to control run-off and flooding;
f. Providing environmental education that promotes the preservation and acquisition of
Greenspace;
g_ Promoting public and private participation in the stewardship of resources such as forests,
watersheds, bays, wetlands, floodplains, groundwater recharge areas, wildlife habitats,
urban trees, and open spaces; and
h. Acquiring additional Greenspace.
Sec. 22.5-xxx. Payments to Fund.
Payments into the Fund shall include appropriations from the City general revenue fund, voluntary
contributions, including any federal or state moneys, money awarded through grants, fundraising or
promotions, including all accumulated interest.
Sec. 22.5-xxx Management.
The Fund will be managed by the City Manager or designee, whose duties shall include:
a. Accounting for deposits and accrued interest and expenditures from the Fund; and
b. Allocating at least eighty percent (80%) of the Fund to Greenspace management during each
fiscal year; and
c. Limiting expenditures from the Fund to no more than five percent (5%) of each fiscal year for
administrative costs related to reporting and management of the Fund; and
d. Seeking additional funding resources; and
e. Presenting to the City Commission an annual financial report at the close of each fiscal year.
Sec. 22.5-xxx Allowable Expenditures.
a. All Fund transactions shall be made by the City Manager or designee, in accordance with this
chapter;
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b. Before funds are dispersed, due consideration must be given to written recommendations
from the directors of Sustainable Initiatives and Public Works;
c. The City Commission may approve, deny or expedite any expenditure under this chapter; and
d. Approval by the City Commission will be required for those transactions in excess of fifty
thousand dollars ($50,000).
*I1
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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