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Sec. 38-116. Criteria for denial o
Miami, Florida, Code of Ordinances » PART II - THE CODE » Chapter 38 - PARKS AND RECREATION
» ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST »
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-1 0'i Bayfront Park Management Trust created.
Sec. 38-102. Purpose.
Sec. 38-103. Governing body.
Sec. 38-104. Powers, purposes and duties of the trust.
Sec. 38-105. A ointment term ualifications com ensation eneral owers and re s onsibilities of the executive
director.
Sec. 38-106. Employment of assistants.
Sec. 38-107. Encouragement of private enterprise.
Sec. 38-108. Counsel.
Sec. 38-109. Approval of budget.
Sec. 38-110. Char.e for use of park equipment in Mildred and Claude Pepper Bavfront Park.
Sec. 38-111. Annual report and audit.
Sec. 38-112. Contributions.
Sec. 38-113. Reservation of park use.
Sec. 38-114. Abolition of trust.
Sec. 38-115. Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensation of alcoholic
bevera es includin beer and wine fors ecial events erformances or ro rams.
f oermifafor use_c f Bavfront Park and its facilities.
Secs. 38-117-38-145. Reserved.
Sec. 38-101. Bayfront Park Management Trust created.
There is hereby created and established a limited agency and instrumentality of the city to be
known as the "Bayfront Park Management Trust." Use of the term "trust" in this article shall mean
the Bayfront Park Management Trust.
(Ord. No. 10348, § 1(1), 11 - 19-87; Code 1980, § 38-71)
Sec. 38-102. Purpose.
The trust shall direct, operate, manage and maintain all aspects of the city -owned property
known as Bayfront Park (hereinafter referred to as "park"), for the purposes of ensuring maximum
community utilization and enjoyment. The trust shall endeavor to attract organized activities and
functions to the park consistent with this purpose.
(Ord. No. 10348, § 1(2), 11-19-87; Code 1980, § 38-72)
Sec. 38-103. Governing body.
(a) Composition; appointments; term of office.
(1) The trust shall consist of nine members appointed by the city commission. A member
of the city commission shall be the chairperson of the trust and the ninth member
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(b)
(c)
thereof; five members shall be nominated individually, one each by the city
commissioners and four members shall be appointed at large by the city commission.
Each member of the trust shall reside, work, own real property or own a business in
the city and shall be an individual of outstanding reputation for integrity, responsibility
and commitment to serving the community. The chairperson of the trust shall have the
power to appoint all members serving on the various committees which the trust shall
establish from time to time.
(2) The term of the city commissioner serving as the ex officio voting member and
chairperson of the trust shall be reviewed by the city commission on or about June 1
of each calendar year resulting in the selection of a new chairperson or the
reappointment of the existing chairperson to serve as the chairperson of the trust.
(3) Each member shall be named and appointed by the city commission for a term of one
year or until the nominating commissioner leaves office, whichever occurs first, except
that any person appointed to fill a vacancy due to the death, resignation or removal of
any member of the trust shall serve only for the unexpired term.
(4) The city commission shall appoint all other officers, including a secretary, from among
the trust's members. The chairperson shall serve for one year, and each successor
chairperson shall be appointed by the city commission in the manner set forth in
subsection (a)(1) of this section.
(5) Duly appointed members of the trust may be referred to from time to time as trustees.
Oath. Upon the effective date of his appointment, or as soon thereafter as practicable, each
member of the trust shall enter upon his duties but before doing so he shall take the oath
prescribed by section 41(e) and (f) of the city Charter.
Organization; indemnification.
(1) Quorum and voting. At all meetings of the trust, a majority of those present at a
properly noticed meeting shall constitute a quorum for the transaction of business,
and each trustee shall have one vote on every issue submitted to a vote of the trust.
The act of a majority of the trustees present at a meeting at which a quorum is present
shall be the act of the trust. The members of the trust shall make and adopt bylaws
and rules and regulations for the trust's governance and for the operation,
management and maintenance of the park.
(2) Meetings. The trust shall hold regular quarterly meetings and may hold such other
meetings as it deems necessary. All meetings of the trust shall be public, and written
minutes of the proceedings thereof shall be maintained by the trust. All actions taken
at the meetings of the trust shall be promptly and properly recorded. The official city
policies relating to the attendance of regular board meetings shall be applicable to
members of the trust.
(3) Protection from personal liability. 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 trustees 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.
(Ord. No. 10348, § 1(3), 11-19-87; Ord. No. 11044, § 1, 3-11-93; Ord. No. 11107, § 1, 12-16-93; Ord. No, 11130, §
14, 3-24-94; Ord. No. 11151, § 2, 5-23-94; Ord. No. 11189, § 4, 10-27-94; Code 1980, § 38-73; Ord. No. 11348, § 2,
3-14-96; Ord. No. 11373, § 9, 6-27-96; Ord. No. 11564, § 14, 10-28-97)
Sec. 38-104. Powers, purposes and duties of the trust.
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The trust shall have the power to do all things necessary to direct, manage and maintain
Bayfront Park, subject at all times to city commission approval and any existing contractual
obligations.
(Ord. No. 10348, § 1(4), 11-19-87; Code 1980, § 38-74)
Sec. 38-105. Appointment, term, qualifications, compensation, general powers and
responsibilities of the executive director.
There shall be an executive director who shall be appointed by the trust subject to city
commission approval. Additionally, each successor executive director shall be similarly appointed
and approved. After hiring an executive director, the trust shall submit monthly written status reports
on the trust's operations and expenses to the city commission. The executive director shall be a
person of good moral character and have an excellent reputation for integrity, responsibility, and
business ability, but no trust member shall be eligible for appointment as executive director. The
executive director shall receive such salary as shall be fixed by the trust, and approved by the city
commission. The executive director shall take an oath before entering upon any duties. The
executive director shall act as the chief executive officer of the trust. Subject to the policy directives
of the trust, the executive director shall have general supervision over and be responsible for the
management and operation of all trust properties, activities, and facilities. The executive director
shall execute all contracts in behalf of the trust after approval by the board. The executive director
shall attend all meetings of the trust, shall furnish the trust a quarterly report with respect to the
management, operation, and maintenance of the park, and the financial condition of the trust, and
shall from time to time have prepared and shall furnish such reports, audits and other information
relating to the park and to said trust as may be required by the trust or the city. In the event that the
executive director shall for any reason be temporarily incapable of exercising the powers and
performing the duties and functions of his office, the city commission may appoint an acting
executive director to exercise such powers and to perform such functions and duties until such
incapacity of the executive director shall be terminated.
(Ord. No. 10348, § 1(5), 11-19-87; Code 1980, § 38-75)
Sec. 38-106. Employment of assistants.
Subject to the policy directives of the trust and budget limitations, the executive director shall
employ such assistants as are necessary to provide for the efficient operation of the trust.
(Ord. No. 10348, § 1(6), 11-19-87; Code 1980, § 38-76)
Sec. 38-107. Encouragement of private enterprise.
The trust shall, to the greatest extent it determines to be feasible, implement the exercise of
its powers in a manner which utilizes and encourages the fullest and most active participation and
cooperation of private enterprise.
(Ord. No. 10348, § 1(7), 11-19-87; Code 1980, § 38-77)
Sec. 38-108. Counsel.
The city attorney's office shall provide legal services to the trust as may be necessary and
requested by the trust.
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(Ord. No. 10348, § 1(8), 11-19-87; Code 1980, § 38-78)
Sec. 38-109. Approval of budget.
(a) Effective immediately, the trust shall establish a fiscal year which coincides with that of the
City of Miami. The trust shall submit to the city commission, in a form acceptable to the city
manager, and no later than April 1 next preceding each fiscal year, a trust budget request
pertaining to management, operation, maintenance and capital expenditures and delineating
the financial responsibility of the city for certain categories including but not limited to:
insurance, security, utilities, capital improvements and maintenance. Nothing contained
herein shall be construed to prohibit the trust from submitting a supplemental budget to the
commission for approval.
(b) No expenditure shall be made in any given year without approval by the city commission of
the trust budget for that year.
(c) In conjunction with the submission of the budget, the trust shall submit a master plan
showing the proposed operations, activities, improvements, and maintenance plans for the
forthcoming fiscal year. The city commission may review and deny any item contained in the
master plan within 30 days from date of its submission by the trust.
(Ord. No. 10348, § 1(9), 11-19-87; Code 1980, § 38-79)
Sec. 38-110. Charge for use of park equipment in Mildred and Claude Pepper
Bayfront Park.
An equipment use charge is hereby assessed on all private promoters of events or activities
held in Mildred and Claude Pepper Bayfront Park. Revenues from such charge shall be used to
partially defray operational costs of the Mildred and Claude Pepper Fountain. The herein charge for
use of park equipment shall be established by the Bayfront Park Management Trust executive
director at fair market value and may be a separate charge or may be incorporated as part of an
unapportioned park user fee. This equipment use charge shall not be applicable for those events
for which prior contractual relationships exist which have been approved by the city manager, or his
designee, or the Bayfront Park Management Trust executive director.
(Ord. No. 10928, § 2, 10-3-91; Code 1980, § 38-79.1)
Sec. 38-111. Annual report and audit.
(a) The trust shall submit to the mayor and city commission an annual report and an annual
audit. The audit shall be performed by an external auditor who is a certified public
accountant.
(b) Additionally, the city shall have the right to audit any books, accounts, expenditures,
receivables, and contracts of the trust at any time.
(Ord. No. 10348, § 1(10), 11-19-87; Code 1980, § 38-80; Ord. No. 11564, § 14, 10-28-97)
Sec. 38-112. Contributions.
It is the intention of the city commission that the trust actively solicit contributions and
financial support from private business interests and any other governmental authorities.
(Ord. No. 10348, § 1(11), 11-19-87; Code 1980, § 38-81)
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Sec. 38-113. Reservation of park use.
Bayfront Park shall be reserved for community use 50 percent of the days of each fiscal
year. An additional 30 days each year are reserved for use by the trust, unless the trust has existing
commitments for scheduled events on the requested day(s). The trust shall be empowered to waive
the Bayfront Park Amphitheater rental fee during portion(s) of such 30-day period when the
amphitheater 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 charitable, scientific,
testing for public safety, literary or educational purposes, or to foster national or international
amateur sports competition, or for the prevention of cruelty to children or animals.
(Ord. No. 10348, § 1(12), 11-19-87; Ord. No. 10571, § 1, 4-13-89; Code 1980, § 38-82)
Sec. 38-114. Abolition of trust.
The city commission, by an affirmative vote of three commissioners, may abolish the trust, at
which time the powers and duties of the trust shall revert to the city and the city shall resume
responsibility for the maintenance, operation and management of Bayfront Park.
(Ord, No. 10348, § 1(13), 11-19-87; Code 1980, § 38-83)
Sec. 38-115. Authorization of the Bayfront Park Management Trust to allow the sale
and/or dispensation of alcoholic beverages, including beer and wine, for special
events, performances or programs.
(a) Notwithstanding any provision in the city Code to the contrary, the Bayfront Park
Management Trust, or its executive director, on such special occasions and for such special
events, performances or programs as deemed appropriate by said trust, or its executive
director, may permit, upon execution of an application/permit form and upon payment in full
of the permit fee specified in city Code section 33-70(g), the sale or dispensing of alcoholic
beverages, including beer and wine, in soft containers in the Claude and Mildred Pepper
Bayfront Park.
(b) There shall be no such permits issued in connection with a hard rock, rap, heavy metal, or
other musical event of the type which requires extraordinary security measures.
(c) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to
compliance with all applicable state and local laws, rules, regulations and with any special
conditions set forth on the application/permit form.
(Ord. No. 10688, § 1, 1-11-90; Code 1980, § 38-49.2)
Sec. 38-116. Criteria for denial of permits for use of Bayfront Park and its facilities.
To the extent permitted by law, the trust may deny a permit for the use of its facilities if the
applicant, or the person on whose behalf the application is made, has on prior occasions made
material misrepresentations regarding the nature or scope of an event or activity previously
permitted or has violated the terms of prior permits issued to or on behalf of the applicant.
The trust may also deny a permit on any of the following grounds:
(1) The application for permit (including any required attachments and submissions) is not
fully completed and executed;
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(2) The applicant has not tendered the required application fee with the application or has
not tendered the required user fee, use -agreement or other type of agreement,
insurance certificate, or security deposit within the times prescribed by the executive
director;
(3) The application contains a material falsehood or misrepresentation;
(4) The applicant is legally incompetent to contract or to sue and be sued;
(5) The applicant or the person on whose behalf the application was made has on prior
occasions damaged trust property and has not paid in full for such damage, or has
other outstanding and unpaid debts to the trust;
(6) A fully executed prior application for the same time and place has been received, and
an agreement has been or will be granted to a prior applicant authorizing uses or
activities which do not reasonably permit multiple occupancy of the particular park or
part hereof;
(7) The use or activity intended by the applicant would conflict with previously planned
programs organized and conducted by the trust and or the city and previously
scheduled for the same time and place;
(8) The proposed use or activity is prohibited by or inconsistent with the classifications
and uses of the park or part thereof designated pursuant to this chapter;
(9) The use or activity intended by the applicant would present an unreasonable danger
to the health or safety of the applicant, or other users of the park, of trust employees
or of the public;
(10) The applicant has not complied or cannot comply with applicable Iicensure
requirements, ordinances or regulations of the trust and or city concerning the sale or
offering for sale of any goods or services; and
(11) The use or activity intended by the applicant is prohibited by law, by the City Charter,
this Code, the zoning code and ordinances of the city, or by the regulations of the
trust.
(Ord. No. 12439, § 1, 11-13-03)
Secs. 38-117-38-145. Reserved.
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