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ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST
Sec. 38-230. Virginia Key Beach Park Trust created.
Sec. 38-231. Jurisdictional authority.
Sec. 38-232. Purpose; powers and duties.
Sec. 38-233. Governin bod : com osition and a ointments. terms of office
and vacancies; membership eligibility requirements; oath; quorum and
voting; meetings; attendance requirements; indemnification.
Sec. 38-234. Executive director; appointment, term, qualifications,
com ensation eneral owers and res onsibilities.
Sec. 38-235. Employment of assistants.
Sec. 38-236. Counsel.
Sec. 38-237. Approval of budget.
Sec. 38-238. Annual report and audit.
Sec. 38-239. Charge for rental of park or use of park equipment.
Sec. 38-240. Reservation of park use.
Sec. 38-241. Authorization of the trust to allow the sale and/or dispensation
of alcoholic beverages, including beer and wine, for special events,
performances or programs; issuance of permits for special events which
require extraordinary security measures or extraordinary amplification,
prohibited.
Sec. 38-242. Abolition of trust.
Sec. 38-243. Operation of vessels, boats, and other watercraft in marked
swimming area, bathing area, or exclusion/safety zone of Historic Virginia
Key Beach Park.
Sec. 38-244. Speed of vessels, boats, and other watercraft off Historic
Virginia Key Beach Park.
Sec. 38-245. Careless operation of vessel, boat or other watercraft.
Sec. 38-246. Operation or use of towed flying devices, towed sailing devices
or towed parachutes near beaches.
Sec. 38-247. Launching of motorized vessels, motorized boats and
motorized other watercraft from Historic Virginia Key Beach Park property.
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Sec. 38-230. Virginia Key Beach Park Trust created.
A limited agency and instrumentality of the city to be known as the "Virginia
Key Beach Park Trust" is hereby created and established. Use of the term "trust" in
this article shall mean the Virginia Key Beach Park Trust.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-231. 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.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-232. Purpose; powers and duties.
(a) Purpose. The trust, in cooperation with the department of parks and
recreation and other city departments, shall be guided by its vision to preserve the
Historic Virginia Key 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 community and shall propose policy, planning,
and design to ensure maximum community utilization, enjoyment, and maintenance
of the park as an open greenspace compatible with its historical and recreational
characteristics and accessible to the public. The trust shall endeavor to promote
activities and functions at the park consistent with this purpose and with the nature of
the park.
(b) Powers and duties. Subject to city commission approval and compliance with
the terms and conditions of any existing contractual obligations, the trust shall be
empowered to take all actions necessary including, but not limited to, activities which:
(1) Protect, preserve, advocate for and ensure the retention of the deed
restriction imposed 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;
(2) Assist and advise the city commission, the department of parks and
recreation, other departments and other public officials and entities
concerning the park;
(3) Promote, oversee and assist in the activities of private persons and
other organizations concerned for the park, and develop increased public
awareness, use, and interest in Historic Virginia Key Beach Park;
(4) Assist in providing services, group tours, and information to visitors of
the park, environmental and historical education, food, cultural and
recreational activities and other special events;
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(5) Increase public consciousness about the historic and environmental
significance of the park and assist in the park's application for historic
designation locally, within the state and nationally;
(6) Solicit and accept grants, contributions and financial and non-
financial support from individuals, private business interests, the general
public, governmental entities, corporations and organizations, foundations
and other philanthropic entities;
(7) Establish partnerships 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 and cooperation with public
and private entities in furtherance of the trust's purpose and the desires of the
community; promote the stabilization, preservation, 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 furthers the trust's purpose.
(c) Notwithstanding any provisions to the contrary, the trust shall exercise only
such powers as are granted pursuant to this article.
(Ord. No. 12003, § 3, 12-14-00; Ord, No. 12857, § 2, 10-12-06
Sec. 38-233. Governing body: composition and appointments; terms of
office and vacancies; membership eligibility requirements; oath; quorum
and voting; meetings; attendance requirements; indemnification.
(a) Composition and appointments. The trust shall consist of nine (9) members
comprised as follows:
(1) One (1) member appointed by the mayor;
(2) Five (5) members appointed by the city commission, with each
commissioner nominating one individual;
(3) Three (3) at -large members initially nominated by the existing or
former members of the Virginia Key Beach Advisory Board and subsequently
nominated by a majority of the existing members of the trust and confirmed
and appointed by the city commission;
(4) The trust members shall broadly reflect the diversity of the community
and share technical, professional expertise or experiential knowledge and
interest in the following areas: natural and environmental sciences, historic
preservation and restoration, history of the Old County Park on Virginia Key,
architecture and engineering, planning and land use law, administration and
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fiscal management, recreation and cultural endeavors, public relations and
marketing, and park management and programs.
(b) Terms of office and vacancies. Each member shall be appointed by the
mayor or city commission for a term of two years or until the mayor or 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 remainder of the unexpired term. No member shall serve
more than eight consecutive years on the trust. Nothing set forth herein shall prohibit
any individual from being reappointed after a hiatus of two years.
(1) The eight -consecutive year limitation contained in this subsection
may be waived for a particular trust member who has completed eight
consecutive years to permit such board member to be reconsidered annually
for an additional one-year term by a unanimous vote of the members of the
city commission.
(c) Membership eligibility requirements.
(1) Each member of the trust shall reside, work, own real property or
maintain a business in the city and shall be an individual of outstanding
reputation for integrity, responsibility and commitment to serving the
community and have a demonstrated interest in the future of the park and in
implementing the vision of the Trust and of the Public Planning Charrette.
Appointed members are expected to participate actively in the functioning of
the trust. 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) Unless the city commission by four -fifths vote of its membership or an
unanimous vote of the quorum that exists because of either abstentions or
vacancies resulting from resignation, death, suspension, or physical
incapacitation waives the requirement that trust members either reside in the
city, own real property in the city or maintain a business in the city, any
member of the trust who ceases to be a resident of the city and/or ceases to
work, own real property or maintain 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 compliance with said membership eligibility requirements and
the trust member shall be automatically removed from the trust. The city clerk
shall then inform the city commission in writing that the position has been
declared vacant. Upon being advised by the city clerk of such circumstances,
an appointment to fill the vacancy shall be made in accordance with
subparagraph (b) hereinabove.
(3) No member of the trust shall become a candidate for elective political
office during his or her term. Should any member of the trust qualify as a
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candidate for elective political office, such qualification shall be deemed a
tender of resignation from the trust.
(4) No employee of Miami -Dade County, Florida, or any municipality
therein other than city employees, shall serve on or be appointed to the trust.
(d) Oath. Upon the effective date of appointment, or as soon thereafter as
practicable, each member of the trust shall assume the duties of a member of the
trust, but before doing so, shall take the oath prescribed by section 41(e) and (f) of
the City Charter.
(e) Quorum and voting. 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 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.
(f) 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.
Written minutes of the proceedings 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.
(1) A member shall be automatically removed if, (a) in a given calendar
year he or she is absent from three consecutive meetings; or (b) he or she is
absent from four properly noticed meetings within eight -month period without
an excused absence.
(2) The provisions of this subsection shall not apply to those individuals
who are members of city boards and who are (1) reservists in the United
States Armed Forces or members of the Florida National Guard, and have
been ordered to active military duty for national, state, or homeland defense
and due to such duty cannot attend board meetings, or (2) employees of
agencies whose services are considered essential for national, state, or
homeland defense and due to such services cannot attend board meetings.
(h) Indemnification. 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.
(Ord. No. 12003, § 3, 12-14-00; Ord. No. 12201, § 1, 3-14-02; Ord. No. 13065, § 2, 5-14-09; Ord.
No. 13170, § 3, 5-13-10)
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Sec. 38-234. Executive director; appointment, term, qualifications,
compensation, general powers and responsibilities.
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
assuming 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 activities, and facilities. The executive director shall execute all contracts on
behalf of the trust after approval by the trust. 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 the trust as may be required
by the trust or the city. In the event that the executive 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
incapacity of the executive director ceases.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-235. Employment of assistants.
Subject to the policy directives of the trust and budget limitations, the
executive director may employ such assistants as are necessary to provide for the
efficient operation of the trust.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-236. Counsel.
The city attorney's office shall provide legal services to the trust as may be
necessary and requested by the trust.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-237. Approval of budget.
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(a) Effective immediately, the trust shall establish a fiscal year which coincides
with that of the city. The trust shall submit to the city commission, in a form
acceptable to the city manager, and no later than April 1 preceding the
commencement of 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 and all expenditure shall comply with city
procedures for acquisition of goods and services.
(c) In conjunction with the submission of the budget, the trust shall submit a
master plan reflecting 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 the date of its
submission by the trust.
(d) No provision contained in this article shall be construed to violate the Anti -
Deficiency Act, as set forth in sections 18-500 through 18-503 of this Code.
(Ord. No. 12003. § 3, 12-14-00)
Sec. 38-238. 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. 12003, § 3, 12-14-00)
Sec. 38-239. Charge for rental of park or use of park equipment.
A charge for rental of the park or equipment use is hereby assessed on all
private promoters of events or activities held at the park. Revenues from such charge
shall be used to partially defray operational costs 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 fees for use of the park
or park equipment. These charges shall not be applicable for those events for which
contractual relationships preexist this article which have been approved by the city
manager or designee.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-240. Reservation of park use.
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The 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 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 or educational purposes, or to foster national or
international amateur sports competition, or for the prevention of cruelty to children or
animals.
(Ord. No, 12003, § 3, 12-14-00)
Sec. 38-241. Authorization of the trust to allow the sale and/or
dispensation of alcoholic beverages, including beer and wine, for special
events, performances or programs; issuance of permits for special events
which require extraordinary security measures or extraordinary
amplification, prohibited.
(a) Notwithstanding any provision in this Code to the contrary, the trust, or its
executive director, on such special occasions and for such special events,
performances or programs as deemed appropriate by the 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 section 38-70(g), the sale or 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 compliance with all applicable state and local laws, rules, regulations
and with any special conditions set forth on the application/permit form.
(c) No such permits shall be issued in connection with events of the type which
requires extraordinary security measures or extraordinary amplification.
(Ord. No. 12003, § 3, 12-14-00)
Sec. 38-242. 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 the park.
(Ord. No. 12003, § 3, 12-14-00)
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Sec. 38-243. Operation of vessels, boats, and other watercraft in marked
swimming area, bathing area, or exclusion/safety zone of Historic Virginia
Key Beach Park.
(a) An exclusion/safety zone and "no wake zone" has been established for the
designated waters of and off of Historic Virginia Key Beach Park pursuant to
subsection 38-60(b).
(b) No person shall operate any motorized vessel, motorized boat, or other
motorized watercraft within a swimming area, bathing area, or exclusion/safety zone
area within the Historic Virginia Key Beach Park beach area which has been clearly
marked by duly authorized buoys or other alternative permitted regulatory markers.
Hand -propelled or foot -propelled vessels without motors and other hand -propelled or
foot -propelled watercraft without motors, such as canoes, kayaks, surf boards, sail
boards, kite boards, and wind -surfing boards, are permitted to be operated in a safe
manner within such designated swimming area, bathing area or exclusion/safety
zone within the Historic Virginia Key Beach Park beach area.
(c) The provisions of this section shall not apply to film productions that
specifically request a waiver from the executive director of the Virginia Key Beach
Park Trust on their film permit applications as long as such film productions:
(1) Take adequate safety precautions;
(2) Specify in their waiver requests such precautions to be taken; and
(3) Indemnify the Virginia Key Beach Park Trust, the city and their
respective officers, directors, and employees for such waiver.
(4) The provisions of this section shall not apply to a "special event" (as
defined in section 38-74 and section 54-1) for which a special events permit
is obtained from the executive director of the Virginia Key Beach Park Trust.
(Ord. No. 13004, § 4, 6-12-08)
Sec. 38-244. Speed of vessels, boats, and other watercraft off Historic
Virginia Key Beach Park.
(a) No person shall operate any vessel, boat or other watercraft off the waters of
Historic Virginia Key Beach Park at a speed greater than five miles per hour within
100 feet of any person in the water.
(b) No person operating a boat, vessel or other watercraft off any part of Historic
Virginia Key Beach Park beach area shall engage in a race or contest of speed with
another boat, vessel, or other watercraft at any time.
(c) The provisions of this section shall not apply to races or regattas when the
city commission has given permission for such races or regattas to be held.
(d) The provisions of this section shall not apply to film productions that
specifically request a waiver from the executive director of the Virginia Key Beach
Park Trust on their film permit applications as long as such film productions:
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(1) Take adequate safety precautions;
(2) Specify in their waiver requests such precautions to be taken; and
(3) Indemnify the Virginia Key Beach Part Trust, the city, and their
respective officers, directors, and employees for such waiver.
(e) The provisions of this section shall not apply to a "special event' (as defined
in section 38-74 and section 54-1) for which a special events permit is obtained from
the Executive Director of the Virginia Key Beach Park Trust.
(Ord. No. 13004. § 4, 6-12-08)
State taw reference— Reckless or careless operation of vessels, F.S. § 327.33.
Sec. 38-245. Careless operation of vessel, boat or other watercraft.
Every person operating or navigating any vessel, boat or other watercraft in,
on or under the waters off Historic Virginia Key Beach Park shall do so in a careful
and prudent manner, taking into consideration the weather conditions and range of
visibility, water turbulence, current, closeness to swimmers, bathers, water skiers and
other boats, vessels and watercraft, and all other attendant circumstances so as not
to endanger the life, limb or property of any person. Failure to operate a vessel, boat
or other watercraft in such a careful and prudent manner shall constitute careless
boating and a violation of this section.
(Ord. No. 13004, § 4, 6-12-08)
State law reference— Similar provisions, F.S. § 327.33; operating a vessel under the influence
of drugs or alcohol, F. S. § 327.35 et seq.
Sec. 38-246. Operation or use of towed flying devices, towed sailing
devices or towed parachutes near beaches.
(a) It shall be unlawful for any person to tow or manipulate any person attached
to any towed flying or towed sailing device or towed parachute through or over an
area within 500 feet each side of the water's edge of the Historic Virginia Key Beach
Park beach area below an altitude of 500 feet above the surface of the water.
(b) It shall be unlawful for any person to operate, engage in, be a passenger in
or control any towed flying device, towed sailing device, or towed parachute carrying
a person through or over an area within 500 feet each side of the water's edge of the
Historic Virginia Key Beach Park beach area below an altitude of 500 feet above the
surface of the water.
(c) The provisions of this section shall not apply to film productions that
specifically request a waiver from the executive director of the Virginia Key Beach
Park Trust on their film permit applications as long as such film productions:
(1) Take adequate safety precautions;
(2) Specify in their waiver requests such precautions to be taken; and
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(3) Indemnify the Virginia Key Beach Park Trust, the city and their
respective officers, directors, and employees for such waiver.
(d) The provisions of this section shall not apply to a "special event" (as defined
in section 38-74 and section 54-1) for which a special events permit is obtained from
the executive director of the Virginia Key Beach Park Trust.
(Ord. No. 13004, § 4, 6-12-06)
Sec. 38-247. Launching of motorized vessels, motorized boats and
motorized other watercraft from Historic Virginia Key Beach Park
property.
It shall be unlawful for any person to launch any motorized vessel, motorized
boat or other motorized watercraft into the waters of and off of Historic Virginia Key
Beach Park, unless the launching takes place at a marina, or from a boat ramp
provided by Historic Virginia Key Beach Park.
(Ord. No. 13004, § 4, 6-12-08)
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J-00-404
'12/13/00
ORDINANCE NO.
12003
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) , AMENDING, THE CODE OF THE
CITY OF.MIAMI, FLORIDA, AS AMENDED, TO CREATE
AND ESTABLISH THE VIRGINIA KEY BEACH PARK
TRUST (THE,"TRUST"), SET ,FORTH THE LEGAL
DESCRIPTION OF VIRGINIA KEY BEACH PARK;
DESIGNATE THE TRUST'S JURISDICTIONAL
AUTHORITY, SET FORTH THE TRUST'S PURPOSE,
POWERS, AND DUTIES,. AND PROVIDE FOR
COMPOSITION AND APPOINTMENTS, TERMS' OF
OFFICE, VACANCIES, MEMBERSHIP ELIGIBILITY AND
ATTENDANCE REQUIREMENTS, OATH, QUORUM AND
VOTING,MEETINGS, INDEMNIFICATION,
ABOLISHMENT, AND."SUNSET" REVIEW OF THE TRUST
EVERY FOUR YEARS; MORE PARTICULARLY BY
AMENDING SECTION 2-892 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 Key Beach Park ("the Park")., a 77-acre
historical landmark called "Old County Park", was, during the era
of segregation,• the location of a 'Colo`red Only' beach from 1945
to the early 1960s, and has remained closed since 1982, except by
special permit; and
WHEREAS, the citizens of Miami have expressed a desire to
have the landmark preserved, restored, maintained, and accessible
to the general public; and
COVHANED
12003
WHEREAS, the City Commission established a Virginia Key Park
Civil Rights Task Force and a Virginia Key Beach Advisory Board,
both of which were charged with the responsibility to seek out
and establish the manner in which the desires of the public could
best be addressed; and
WHEREAS, during 1999 and 2000, the Task Force/Advisory Board
held more than twenty-five '(25) public meetings, history 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 vision for
preservation of Virginia Key Beach Park consistent with its
environmental, historical and recreational characteristics;
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 2/Article XI entitled
"ADMINISTRATION/BOARDS, COMMITTEE'S, COMMISSIONS," is hereby
amended in the following particulars:]
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.
Page 2 of 13
12003
•
"Chapter 2
ADMINISTRATION
*
*
ARTICLE XI. BOARDS,COMMITTEES, COMMISSIONS
* * *
DIVISION 1. GENERALLY
*
* *
Sec. 2-892. "Sunset" review of boards.
*
Commencing with the year 1995,.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 determined)
*
*
Virginia Key Beach Park Trust.
*
Section 3. Chapter 38 of the Code of the City
Florida, as amended, entitled "Parks and Recreation",
amended by adding new Article VI., entitled "Virginia
Park Trust", in the following particulars:/
"Chapter 38
PARKS AND RECREATION
2/
Ibid.
Page 3 of 13
*
* "
of Miami,
is hereby
Key Beach
12003
ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST
Sec. 38-230. Virginia Key Beach Park Trust created.
A limited agency and instrumentality of the City
to be known as the "Virginia Key 'Beach Park Trust" is
hereby created and established. Use of the term
"Trust" in this article shall mean the 'Virginia Key
Beach Park Trust.
.Sec. 38-231. 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. 38-232. 'Purpose; powers and duties.
(a)' Purpose. The Trust, in cooperation with the
Department of Parks and Recreation and other City
departments, shall be guided by its vision to preserve
the Virginia'Key Beach Park (the "Park") property in a
manner consistent with the environmental health, public
use, historical 4-importance of the Park and the
aspirations of the African American community and shall
propose policy, planning, and design to ensure maximum
community utilization, enjoyment, and maintenance of
the Park as ari open greenspace compatible with its
historical and recreational characteristics and
accessible to the public. The Trust shall endeavor to
promote activities and functions at the Park consistent
with this purpose and with the nature of the Park.
(b) Powers and duties. Subject to City
Commission approval and compliance with the terms and
conditions of any existing contractual obligations, the
Trust shall be empowered to take all actions necessary
including, but not limited to, activities which:
1. protect, preserve, advocate for and ensure
the retention of the deed restriction imposed
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;
Page 4 of 13
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•
2. assist and advise the City Commission, the
Department of Parks and Recreation, other
departments and other public officials and
entities concerning the Park;
3. promote, oversee and assist in the activities
of private persons and other organizations
concerned for the Park, and develop.increased
public awareness, use, and interest in
Virginia Key;
4. assist in providing services, group tours,
and information to visitors of the Park,
environmental and historical education, food,
cultural and recreational activities and
other special events;
5. increase public consciousness about the
historic and environmental significance of
the Park and assist in the Park's application
for historic designation locally, within the
state and nationally;
6. solicit and. accept grants, contributions and
financial and . non -financial support from
individuals, private business interests, the
general public, governmental entities,
corporations and organizations, foundations
and other philanthropic entities;
7. establish partnerships. 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 and
cooperation with public and private entities
in furtherance of the Trust's purpose and the
desires of the community; promote the
stabilization, preservation, 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
Page 5 of 13
12003
•
or public or private, organizations, which
furthers the Trust's purpose.
(c) Notwithstanding any provisions to the
contrary, the Trust shall exercise only such powers as
are granted pursuant to this Article.
Sec. 38-233. Governing body: composition arid
appointments.; terms of office and
vacancies; membership eligibility
requirements; oath; quorum and voting;
meetings; . attendance requirements;
indemnification.
(a) Composition and appointments. The Trust
shall consist of nine (9) members comprised as follows:
(1) One (1) member appointed by the Mayor;
(2) Five (5) members appointed by the City
Commission, with each Commissioner nominating
one individual;
(3) Three (3) at -large members initially
nominated by the existing or former members
of the Virginia Key Beach Advisory Board and
subsequently nominated by a majority of the
existing members of the Trust and confirmed
and appointed by the City Commission;
(4) The Trust members shall broadly reflect the
diversity of the community and share
technical, professional expertise or
experiential knowledge and interest in the
following areas:, natural and environmental
sciences, historic preservation and
restoration, history of the Old County Park
on Virginia Key, architecture and
engineering,planning and land use law,
administration 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 be appointed by the Mayor or City Commission for
a term of two yearsor until the, Mayor or 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
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• •
the Trust shall serve only for the remainder of the
unexpired term. No member shall serve more than eight
consecutive years on the Trust. Nothing set forth
herein shall prohibit any individual from being
reappointed after a hiatus of two years.
(c) Membership eligibility requirements.
(1) Each member of the Trust shall reside, work,
own real property or maintain a business in
the City and shall be an individual of
outstanding reputation for integrity,
responsibility and commitment to serving the
community and have a demonstrated interest in
the future of the Park and in implementing
the vision of the Trust and of the Public
Planning Charrette. Appointed members are
expected to participate actively in the
functioning of the Trust. 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) Unless the City Commission by four -fifths
vote of its membership waives the requirement
that Trust members either reside in the City,
own real property in the City or maintain a
business in the City, any member of the Trust
who ceases to be a resident of the City
and/or ceases to work, own real property or
maintain 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
compliance with said membership eligibility
'requirements and the Trust member shall be
automatically removed from the Trust. The
City Clerk shall then inform the City
Commission in writing that the position has
been declared vacant. Upon being advised by
the City Clerk of such circumstances, an
appointment to fill the vacancy shall be made
in accordance with Subparagraph (b)
hereinabove.
(3) Nomember of the Trust .shall become a
•candidate for elective political office
during his or her term. Should any member of
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12003
• •
the Trust qualify as a candidate for elective
political office, such qualification shall be.
deemed a tender of resignation from the
Trust.
(4) No employee of Miami -Dade County, Florida, or
any municipality therein other than City
employees, shall serve on or "be appointed to
the Trust.
(d) Oath. Upon the effective date of
appointment, or as soon thereafter as practicable, each
member of the Trust shall assume the duties of a•member
of the Trust, but before doing so, shall take the oath
prescribed by section 41(e) and (f) of the City
Charter.
.. (e) Quorum and voting. 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 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.
(f) 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. Written minutes of the proceedings 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 given calendar year
he or she is absent from three (3)' consecutive
meetings; or (b) he or she is absent from four (4)
properly noticed meetings within an eight -month period
without an excused absence.
(h) Indemnification. 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
Page 8 of 13
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40
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.
Sec. 38-234. Executive director; appointment, term,
qualifications, compensation, general
powers and responsibilities.
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 assuming 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 activities, and facilities.
The executive director shall execute all contracts on
behalf of the Trust after approval by the Trust. 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 financialcondition 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 the Trust as may be
required by the Trust or the City. In the event that
the executive 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 incapacity of the executive director ceases.
Sec. 38-235. Employment of assistants.
Subject to the policy directives of the Trust and
budget limitations, the executive director may employ
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such assistants as are necessary to provide for the
efficient operation of the Trust.•
Sec :.. 38-236. Counsel.
The City Attorney's office shall provide legal
services to the Trust as may be necessary and requested
by the Trust.
Sec. 38-237. 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 preceding the commencement of
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 and all expenditure shall
comply with City procedures for acquisition of goods
and services.
(c) In conjunction with the submission of the
budget, the Trust shall submit a master plan reflecting
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 masterplan within thirty (30) days from the
date of its submission by the Trust.
(d) No provision contained in this Article shall
be construed to violate the Anti -Deficiency Act, as set
forth in Sections 18-500 through 18-503 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 annual audit. The
Page 10 of 13
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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.
Sec. 38-239. Charge for rental of Park or use of Park
equipment.
A charge for rental of the Park or equipment use
is hereby assessed on all private promoters of events
or activities held at the Park. Revenues from such
charge shall be used to partially defray operational
costs 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 fees for use of the
Park or Park equipment. These charges 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 (500) of the days of each fiscal year. An
•additional thirty (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 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 publicsafety, literary or educational
purposes, or to foster national or international
amateur sports competition, or for the prevention of
cruelty to children or animals.
Sec. 38-241. Authorization of the Trust to allow the
sale and/or dispensation of alcoholic
beverages, including beer and. wine, for
special events, performances •or
programs; issuance of permits for
special events which require
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extraordinary security measures or
extraordinary amplification, prohibited.
(a) Notwithstanding any provision in
Code to. the contrary, the Trust, or its
director, on such special occasions and'
special events, performances or programs
appropriate by the Trust, or its executive
may permit, upon execution of an application/permit
form and upon payment in full of the permit fee
specified in City Code Section 38-70(g), the sale or
dispensing of alcoholic beverages, including beer and
wine, in soft containers at the Park.
the City
executive
for such
as deemed
director,
(b) Such sales 'or dispensing' of alcoholic
beverages, including beer and wine, are subject to
compliance with all applicable state and local laws,
rules, regulation's and with any special conditions set
forth on the application/permit form.
(c)• No such permits shall be issued in connection
with events of the type which requires extraordinary
security measures or extraordinary amplification.
Sec. 38-242. 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 the Park."
Section 4: All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5.
If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Page 12 of 13
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•
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof..3V
PASSED ON FIRST READING BY TITLE ONLY this 26th
October , 2000.
day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of December , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, , '• gislation now
becomes effective with the elapse of ten (10) do 's fro Jie datM of Corru ik siofY
regarding same, without the Mayor-xto
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
4f41?..,
ALE DRO LARELLO`����
CITY ATTORNEY
W875:ENW:BSS
3/ 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.
Page 13 of 13
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ATTACHMENT A
LEGAL DESCRIPTION OF VIRGINIA KEY BEACH PARK
A parcel of land on Virginia Key, in Biscayne Bay, Dade County,
Florida, being a portion of Sections 16, 17, 20 and 21 of Township 54
South, Range 42 East, Dade County, Florida and being more particularly
described as follows:
Commence at the point .of intersection of the centerline of
Rickenbacker Causeway with the South line of said Section 17, said
point intersection being 2649.97 feet N. 89°56'45" W of the Southeast
corner of said Section 17, as measured along the. south line of said
Section 17; thence run S 45°22'07" E along the centerline of said
Rickenbacker Causeway for a distance of 251.67 feet to a point of
intersection with the Southwesterly prolongation of the Corporate
Boundary of the City of Miami; thence run N 64°34'42" E said City of
Miami Corporate Boundary and its Southwesterly prolongation and along
the Southeasterly right of way line of the Sewage Treatment Plant
Access Road for a distance of 2735.77 feet; to a point on the East
line of said Section 17, said point also being a point on the North
line of the South 1000.00 feet of said Section 16; thence run S
89°59'50" E along the North line of the South 1000. 00 feet of said
Section 16 for a distance of 67.23 to a point of intersection with the
arc of a circular curve concave to the West, the center of which bears
S 82°42'15" W from said point of intersection, said point of
intersection also being the Point of Beginning of the herein described
parcel; thence run Southeasterly to Southeasterly along the arc of
said circular curve concave to the West, having a radius of 1650.00
feet, through. a central angle of 46°20'10", for an arc distance of
1334.38 feet to a point of reverse curvature with the .. arc of a
circular curve to the left; thence run Southwesterly along the arc of
said circular curve to the left, having a radius of 1350.00 feet,
through a central angle of 21°56'37", for an arc distance if 517.03
feet to a point of compound curvature with the are of a circular curve
to the left, thence run Southwesterly to Southeasterly along the arc
of said circular curve to the left, having a radius of 350.00 feet,
through a central angle of 62°27'55", for an arc distance of 381.58
feet to a point of tangency with a line 25.00 feet North of and
parallel with the property conveyed to the University of Miami; thence
run S 45°22'07" E along a line 25.00 feet North of and parallel with
the said University of Miami property for a distance of 170 feet more
or less to the mean high water line of Virginia Key; thence meander
Northeasterly along the mean high water line of Virginia Key for a
distance of 4300 feet more or less to a point of intersection with the
North line of the South 1000.00 feet of said Section 16; thence run N
89°59'50" W along the North line of the South 1000.00 feet of said
Section 16 for a distance of 3200 feet more or less to the Point of
Beginning.
12003
SECOND READINCO
ORDINANCE
CIITY OF MIAMI
CITY MANAGER'S OFFIC
MEMORANDUM
18A
TO: Mayor and Members of the City Commission
FROM: Carlos A. Gimenez, ;�;,;� ager
DATE: December 5, 200
RE: City Co fission eeting-December 14, 2000
Proposed ordinances to create the Virginia Key Beach Park Trust
(1-00-404/J-00-1055)
Included herein are two proposed ordinances for the creation and establishment of the
Virginia Key Beach Park Trust. The first proposed ordinance is submitted for second reading
and incorporates the vision and recommendations of the Virginia Key Beach Advisory Board
("Advisory Board"). (J-00-404). I have proposed an alternative ordinance, which differs only
regarding the jurisdictional authority. (J-00-1055).
On October 26, 2000, the City Commission passed on first reading an ordinance
establishing the Virginia Key Beach Park Trust, a permanent City entity that will be responsible
for the preservation, restoration and accessibility of historic Virginia Key Beach Park ("Park").
At that time, the City Commission directed the Advisory Board to 'meet with me in order to
discuss the Trust's structure, authority, powers and duties. The City Commission also wanted the
boundaries of the Park defined.
After several meetings between me, staff and the Advisory Board, nonsignificant
modifications have been made to the original Virginia Key Beach Park Trust ordinance. The
modifications are highlighted in gray shading. Included in these changes are 1) the inclusion of
the jurisdictional authority of the Trust, 2) modifications to the powers and duties of the Trust,.3)
reduction of the composition and appointments to the Trust and 4) the increase from one to two
year terms for the Trust members. I agree with the changes that have been made.
• Although there were many changes that the- Advisory Board and I agree upon, I
recommend that the jurisdictional authority of the Trust be restricted to the open greenspace of
the park and that the Trust act in an advisory capacity over the other portions of the Park. The
Advisory Board recommends that the Trust have jurisdictional authority over the entire 77-acre
historical Park. As a result, I have proposed an alternative for the Commission to review as an
emergency ordinance.
W494a:BSS
12003
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM :
The Honorable Mayor and'
Members of the City Commission
I
os A. Gim - ez
City Manager
DATE : OCT 17 2000
SUBJECT:
PILE :
Discussion Item - Virginia
Key Beach Park Advisory Board
REFERENCES:
ENCLOSURES:
The purpose of this memorandum is to state the Administration's support for the
continued existence of the Virginia Key "Group" in a form or structure approved by
the M 25, City Commission and City Attorney.
CAG/o KR/ARTT / g
c: Frank K. Rollason, Assistant City Manager
Alberto Ruder, Parks and Recreation Department Director
12003
09/03/2000 02:15 3057519791
P.O. Box 330011, Mlaml, Ft 33233-0011
M. AthaIle Range, Chairperson
Telephone: 305-691-4343
FAX: 305-691-6805
September 29, 2000
GENE TINNIE
5
CIVIL RIGHTS
TASK FORCE
THE CITY OF MIAMI, FLORIDA
Gene Tinnie, Vice -Chairperson
Telephone/FAX: 305-751-9791
e-mail: wclltinnletaal.com
The Virginia Key Park Civil Rights Task Force / Advisory Board requests the placement
of an item on the Agenda of the City Commission Meeting of October 26; 2000, namely
the First Reading of an Ordinance approving a more permanent City entity that will take
the place of the present Advisory Board in in order to pursue the next phase of detailed
planning and improvements to historic Virginia Key Beach/Park in cooperation with City
staff, as per the findings and recommendations of the public planning charrete of January,
2000.
MEMBERS
The Hon. fir. Barbara Carey-Shuler • Dr. Dorothy Jenkins Fields • Mr. Miguel Germain • Mr. Clyde Judson
Mrs. Maude Newbold • Mrs. Enid Pinkney • Mrs. M. Athalie Range • Mr. Garth C. Reeves • The Hon, Beryl Roberts
Ms. Bernice Sawyer • Mrs. Sugenla Thomas • Mr. Gene Tinnie • Mr. Richard Townsend • Mr. Mark Walters
12003
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members . e City Commission
FROM: Alejandro Vila
City .Attorne
DATE:. October 0 000
RE: City Co ission Meeting -October 26, 2000, Item #5
Pers.. al Appearance -request to create the Virginia Key Beach Park Trust
(Draft Ordinance-J-00-404)
Numerous meetings and a charrette were held by the members of the Virginia Key Park
Civil Rights Task Force/Advisory Board ("Advisory Board") to formulate a vision for Virginia
Key Beach Park and to advise and recommend same to the City Commission. Subsequently,
members of the Advisory Board have scheduled a Personal Appearance before the City
Commission at the October 26, 2000 meeting to discuss their recommendations, specifically as to
the creation of a permanent City entity that will be responsible for the preservation, restoration,
maintenance and accessibility of historic Virginia Key Beach Park.
The attached proposed ordinance drafted by this Office provides for the creation and
establishment of the Virginia Key Beach Park Trust and incorporates the input and
recommendations of the Advisory Board. Please review this draft Ordinance and attach it as
backup information for Item No. 5 of your October 26, 2000 Agenda.
W494:BSS
c. Carlos A. Gimenez, City Manager
Walter J. •Foeman, City Clerk
12003
J-00-404
10/20/00
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH
THE VIRGINIA KEY BEACH PARK TRUST (THE
"TRUST"), SET FORTH THE TRUST'S PURPOSE,
POWERS, AND DUTIES, AND PROVIDE FOR
COMPOSITION AND APPOINTMENTS, TERMS OF
OFFICE, VACANCIES, MEMBERSHIP ELIGIBILITY AND
ATTENDANCE REQUIREMENTS, OATH, QUORUM AND
VOTING, MEETINGS, INDEMNIFICATION,
ABOLISHMENT, AND "SUNSET" REVIEW OF THE TRUST
EVERY FOUR YEARS; MORE PARTICULARLY ,BY
AMENDING SECTION 2-892 AND BY ADDING A NEW
ARTICLE, CONSISTING OF SECTIONS 38-230
THROUGH 38-241 TO CHAPTER 38 OF THE CODE;
CONTAINING A. REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN,
EFFECTIVE DATE.
WHEREAS, Virginia Key Beach Park, a historical landmark
formerly called "Old County Park" was, during the era of
segregation, the location of a 'Colored Only' beach, which has
remained closed since 1982, except by special permit; and
WHEREAS, the citizens of Miami have expressed a desire to
have the landmark preserved, restored, maintained, and accessible
to the general public; and
WHEREAS, the City Commission has established a Virginia Key
Beach Park Task Force and a Virginia Key Beach Park Advisory
Board, both of which were charged with the responsibility to seek
out and establish the manner in which the desires of the public
could best be addressed; and
12003
Sec. 2-892. "Sunset" review of.boards.
Commencing with the year 1995, 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:
Section 3.
' Virginia Key Beach Park Trust."
'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 "Virginia Key Beach
Park Trust, in the following particulars:2J
"Chapter 38
PARKS AND RECREATION
*
ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST
Sec. 38-230. Virginia Key Beach Park Trust created.
A limited agency and instrumentality of the City
to be knownas the "Virginia Key Beach Park Trust" is
hereby created and established. Use of the term
"Trust" in this article shall mean the Virginia Key
Beach Park Trust.
Sec. 38-231. Purpose; powers and duties.
(a) Purpose. The Trust, in cooperation with the
Department of Parks and Recreation, shall be guided by
its vision to preserve the Virginia Key Beach Park (the
"Park") property consistent with the* history and
aspirations of the African American community and shall
Ibid.
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•
propose policy, planning, and design to ensure maximum
community utilization, enjoyment, and maintenance of
the Park as a passive .open g.reenspace accessible to the
public. The Trust shall endeavor to promote activities
and functions at the Park consistent with this purpose
and with the nature of the Park.
(b) Powers and duties. Subject to City
Commission approval and compliance with the terms and
conditions of any existing contractual obligations, the
Trust shall be empowered to take all actions necessary
including, but not limited to, activities which:
1. promote, direc
assist in
preservation,
improvement,
public programming
environs;
t, manage, monitor, oversee and
the historic designation,
restoration, capital
maintenance, management and
of the Park and its
2. assist and advise the City Commission, the
Department of Parks and Recreation, and other
public officials and entities concerning the
Park;
3. promote, oversee and assist in the activities
of private persons and other organizations
concerned for the Park., and develop increased
public awareness, use, and interest in
Virginia Key;.
4. assist in providing services
the Park, including
environmental and historical
cultural and recreational
special. events;
to visitors of
information,
education, food,
activities and
5. protect, preserve, advocate for and ensure
the retention of the deed restriction,
imposed upon the property known as Old County
Park when deeded to the City of Miami by
Miami -Dade County, which deed ensures public
access and restricts the "land" to public
uses;
6. sol.icit and accept grants, contributions and
financial support from individuals, private
business interests, the general public,
governmental entities, corporations and
organizations, foundations * and other
philanthropic entities;
Page 4 of 12
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• •
7. delegate functions, conduct .its activities
through other persons and organizations, and
solicit the support of other entities or
bodies to further the purpose of the Trust
and of the City of Miami Parks and Recreation
as it relates to the Park;
8. establish partnerships and associations with
other entities to further its purpose; and
9 implement the exercise of its powers in a
manner which utilizes and encourages the
fullest and most active participation and
cooperation of private enterprise to further
its purpose.
(c) Notwithstanding any provisions to the
contrary, .the Trust shall exercise only such powers as
are granted pursuant to this Article.
Sec. 38-232. Governing . body: composition and
appointments; terms of office and
vacancies; membership eligibility
requirements; oath; quorum and voting;
meetings; attendance requirements;
indemnification.
(a) Composition and appointments. The Trust
shall consist of thirteen (13) members comprised as
follows:
(1) One (1) member appointed by the Mayor;
(2) Five (5) members appointed by the City
Commission, with each Commissioner nominating
one individual;
(3) Seven (7) members known as members at -large
initially nominated .by the existing Virginia
Key Beach Park Advisory Board and
subsequently nominated by a majority of the
existing members of the Trust and confirmed
by the City Commission. The Trust members
shall broadly reflect the diversity of the
community and share technical, professional
expertise or experiential knowledge and
interest in the following areas: natural and
environmental sciences, historic
preservation and restoration, history of the
Old County Park on Virginia Key, architecture
and engineering, planning and land use law,
administration and fiscal management,
recreation and cultural endeavors, public
Page 5 of 12
12003
relations and marketing, and Park management
and. programs.
(b) Terms of office and vacancies. Each member
shall be appointed by the Mayor or City Commission for
a term of one year or until the Mayor or 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 remainder of the
unexpired term. No member shall serve more than eight
consecutive years on the Trust. Nothing set forth
herein shall prohibit any individual from being
reappointed after a hiatus of two years.
(c). Membership eligibility requirements.
(1) Each member of the Trust shall reside, work,
own real property or maintain a business in
the City and shall be an individual of
outstanding reputation for integrity,
responsibility and commitment to serving the
community and have a demonstrated interest in
the future of the Park and in implementing
the vision of the Trust and of the Public
Planning Charrette. Appointed members are
expected actively participate in the
functioning of the Trust. 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) Unless the City Commission by four -fifths
vote of its membership waives the requirement
that Trust members either reside in the City,
own real property in the City or maintain a
business in the City, any member of the Trust
who ceases to be a resident of the City
and/or ceases to work, own real property or
maintain 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 tobe in
compliance with said membership eligibility
requirements and the Trust member shall be
automatically removed from the Trust. The
City Clerk shall then inform the City
Commission in writing that the position has
been declared vacant. Upon being advised by
the City Clerk of such circumstances, an
appointment to fill the vacancy shall be made
Page 6 of 12
12003
in accordance with Subparagraph (b)
hereinabove.
(3) No member of the Trust shall become a
candidate for elective political office
during his or her term. Should any member of
the Trust qualify as a candidate for elective
'political office, such qualification shall be
deemed a tender of resignation from the
Trust.
(4) No employee of Miami -Dade County, Florida, or
any municipality therein other than City
employees, shall serve on or be appointed to
the Trust.
(d) Oath. Upon the effective date of
appointment, or as soon thereafter as practicable, each
member of the Trust shall assume the duties of a member
of the Trust, but before doing so, shall take the oath
prescribed by section Al(e) and (f) of the City
Charter.
. (e) Ouorum and voting. At all properly noticed
meetings of the Trust, a majority of those members
appointed 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 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.
(f) 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.
. (g) Attendance requirements.. A member shall be
automatically removed if, (a) in a given calendar year
he or she is absent from three (3) consecutive
meetings; or (b) he or she is absent from four (4)
properly noticed meetings -within an eight -month period
without an excused absence.
(h) Indemnification. 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
Page 7 of 12
12003
• •
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.
Sec. 38-233. Executive director; appointment, term,
qualifications, compensation, general
powers and responsibilities.
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 assuming 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 activities, and facilities.
The executive director shall execute all contracts on
behalf of the Trust after approval by the Trust. 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 the Trust as may be
required by the Trust or the City. In the event that
the executive 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 incapacity of the executive director ceases.
Page 8 of 12
12003
•Sec. 38-234. Employment of assistants.
Subject to the policy directives of the Trust and
budget limitations, the executive director may employ
such assistants as are necessary to provide for the
efficient operation of the Trust.
Sec. 38-235. Counsel.
The City Attorney's office shall provide legal
services to the Trust as may be necessary and requested
by .the Trust.
Sec. 38-236. 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 preceding the commencement of
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.budge.t for that year and all expenditure shall
comply with City procedures for acquisition of goods
and services.
(c) In• conjunction with the submission of the
budget, the Trust shall submit a master. plan reflecting
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 thirty, (30) .days from the
date of its submission by the Trust.
(d) No provision contained in this Article shall
be construed to violate the Anti -Deficiency Act, as set
forth in Sections 18-500 through 18-503 of this Code.
B
Page 9 of 12
12003
Sec. 38-237. 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.
Sec. 38-238. Charge for rental of Park or use of Park
equipment.
A charge for rental of the Park or equipment use
is hereby assessed on all private promoters of events
or activities held at the Park. Revenues from such
charge shall 'be used to partially defray operational
costs of the Park. The charge for use of the Park or
Park equipment shall be established by the Trust at
fair market value and may be a separate charge or may
be incorporated as part of an unapportioned Park user
fee. These charges shall not be applicable for those
events for which contractual relationships preexist
this Ordinance which have been approved by the City
Manager or his designee.
Sec. 38-239. 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 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 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 or educational
purposes, or to foster national or international
amateur sports competition, or for the prevention of
cruelty to children or animals.
Page 10 of 12
•
Sec. 38-240. Authorization of the 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 Trust, or its executive
director, on such special occasions and for such
special events,performances or programs as deemed
appropriate by the 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 38-70(g), the sale or
dispensing of alcoholic beverages, including beer and
wine, in soft containers at the Park.
(b) No such permits shall be 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 anyspecial conditions set
forth on the application/permit form.
Sec. 38-241. 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 the Park."
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase or word of this -Ordinance is declared invalid, the
remaining provisions of this Ordinance shall ntt be affected.
Page 11 of 12
12003
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.v
PASSED ON FIRST READING BY TITLE ONLY this day of
this
, 2000.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
ATTEST:
day of , 2000.
WALTER J. FOEMAN
CITY CLERK
f
APPROVED AS' T )RWAN13 CORRECTNESS: ,
• f
,ANDRC ' LARELLO
CITt ATTORNEY
W'875 : BSS
1/
JOE CAROLLO, MAYOR
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.
Page 12 of 12
12003
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flkia Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 12003
in the XXXXX Court,
was published in said newspaper in the issues of
Dec 29, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Mlami-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matte •e post office in Miami in said Miami -Dade
Cou y, Fion a, for a period of one year next preceding the
first ,•ublicat'1•n of the attached copy of advertisement; and
affia t furth r says that she has neither paid nor promised
any •erso , firm or corporation any discount, rebate, com-
mis on refund f. the purpose of sec ring this advertise -
men f •. publicati •'n the said newspap r
29
(SEAL)
Bookie William
•rntoan• subTc-.
Decerb .�
before me this
2000
A.D a..
personnaflx .t;s,•,• •!" r? YSEAL
J LERENA
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 9]2958
MY COMMISSION EXP. NE 23,2004
-CITY OF MIAMI, FLORIDA
OTICE OF PROPOSED ORDINANCES .
interested persons, will take notice that on the 14th of 'December,
2000, the City Commission of Miarnl; Florida adopted the following titled
ordinances:
• ORDINANCENO. 12000 •
AN EMERGENCY ORDINANCE :OF. THE MIAMI' CITY,COM:`
MISSION AMENDING ORDINANCE NO. 11557, ;AS, AMEND-
ED,;ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A
. SPECIAL :REVENUE FUND ENTITLED: "STOP -VIOLENCE,
AGAINST WOMEN," TO• INCREASE APPROPRIATIONS, IN ,
THE AMOUNT OF $60,092, CONSISTING OFA GRANT FROM
THE FLORIDA' DEPARTMENT OF COMMUNITY AFFAIRS IN
THE AMOUNT OF:$44,886,AND IN -KIND SERVICES MATCH
IN.THE.AMOUNT OF $I5,206;'AUTHORIZING THE CITY MAN,:
AGER,TO: (1),•ACCEPT SAID GRANT AND EXECUTE THE:'•
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE •TO .
THE CITY ATTORNEY;'. (2) EXPEND MONIES FROM THIS
: FUND ,FOR NECESSARY EXPENSES TO.. CONTINUE THE
, OPERATION OF THE PROGRAM; :AND (3) EXECUTE;PRO-.-
' . FESSIQNAL SERVICES'AGREEMENTS' WITH INDIVIDUALS, •
IN A FORM ACCEPTABLE TO THE. CITY ATTORNEY, FOR
THE .PROVISION.0F'DOMESTIC VIOLENCE SENIOR COUN-
• .SELOR(S)NICTIM.ADVOCATE(S), IN AN ANNUAL AMOUNT
•NOT,T.O'EXCEED $44;886 FOR. AN ADDITIONAL-ONE'(1)
YEAR PERIOD; FURTHER: ALLOCATING FUNDS IN .THE
' AMOUNT OF $15,206 FROM'THE DEPARTMENT.OF POLICE
GENERAL OPERATING BUDGET'FOR THE• REQUIRED IN,
. KIND MATCHING FUNDS; ,CONTAINING A REPEALER PRO-
• VISION -AND SEVERABIL•ITY:CLAUSE, AND:PROVIDING FOR
AN EFFECTIVE DATE. .•
: • .
• ' • .ORDINANCE.NO.12002
AN 'EMERGENCY' ORDINANCE. OF -THE MIAMI CITY-COM, .
:MISSION RELATING TOSIDEWALK AND.STREET,.VENDING;
•.,AMEND••ING,CHAPTER•39, ARTICLE; II,.OF T.HE•CODE OF THE
CITY OF MIAMI; FLORIDA, ASAMENDED; BY ESTABLISHING
. THE "BISCAYNE 'BOULEVARD SPECIAL VENDING DIS-
• :TRICT"; PROVIDING DEFINITIONS; ESTABLISHING DIS-
•-, TRICT BOUNDARIES; PROVIDING FOR EXCLUSIVE VEND-
' , ,ING•FRANCHISE OPPORTUNITIES AND LOCATIONS; PRO •
VIDING CRITERIA; PROVIDING FOR:FRANCHISE.FEES; ES-
TABLISHING PUSHCART. DESIGN CRITERIA AND REVIEW;
PROVIDING OPERATING • REGULATIONS AND 'LIMITA=:
TIONS PROVIDING FOR: ENFORCEMENT,. REVOCATION. -
AND APPEALS; P.ROVIDING FOR HOLD HARMLESS:AGREE: ,.
-,.:ft,NENTS; INSURANCE, TAX CERTIFICATES AND COMPLI-:',
ANCE WITH APPLICABLE LOCAL AND STATE REGULA-
• --TIIONS; MORE PARTICULARLY, BY AMENDING SECTION•39- •
• •26 ,AND ADDING NEW. •SECTION 39-37.1 TO SAID: CODE;' .
.CONTAINING A.REPEALER PROVISION AND A SEVERABILI-
-• •TY .CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
• ORDINANCEN i20D3.
AN ORDINANCEOF THE MIAMI C�VfRfISSION AMEND- '
ING.., THE CODE OF THE CITY OF MIAMI, .FLORIDA,, AS
AMENDED,•TO CREATE AND ESTABLISH THE VIRGINIA KEY
BEACH: PARK.TRUST-(THE "T.RUST");.SET FORTH THE LE-
GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG-'
NATE THE TRUST'S JURISDICTIONAL AUTHORITY, SET
FORTH THE -TRUST'S PURPOSE, POWERS, AND DUTIES; •
AND PROVIDE FOR COMPOSITION AND APPOINTMENTS;.
TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI-
TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM -
AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH-
MENT, ,AND •"SUNSET` REVIEW OF .THE. TRUST EVERY
FOUR YEARS; MORE PARTICULARLY BY AMENDING SEC-
TION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING
OF SECTIONS 38.230 THROUGH 36-242 TO.CHAPTER 38 OF -
THE .CODE; CONTAINING A REPEALER PROVISION AND A•
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
•
ORDINANCE NO:12004 • ' ,
A EMERGENCY,;ORDINANCE OF THE MIAMI. CITY COM- .
SSION AMENDING :CHAPTERS 2 AND-53 OF THE.CODE'
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO RE
DUCE THE NUMBER OF MEMBERS REQUIRED FOR A. QUO-•
RUM T.O CONVENE A•MEETING OF THE ORANGE BOWL AD-
VISORY BOARD; AND MORE PARTICULARLY BY AMEND-
ING SECTIONS 2-867 AND,53-126 TO SAID WOE; AND CON-
TAINING A REPEALER PROVISION AND''A'SEVERABILITY'
CLAUSE- `•
. ORDINAN C E. N O. 12906.
. AN ORDINANCE'OPTHE MIAMI CITY COMMISSION AMEND-f
ING CHAPTER 37'OF THE CODE OF THE CITY OF MIAMI,.;"
• FLORIDA, ,. AS,, .AMENDED; ..ENTITLED "OFFENSES
' MISCELLANEOUS" TO ADD A NEW'SECTION TO MAKE IT.
UNLAWFUL FOR'APERSON TO AGGRESSIVELY PANHAN-
DLE; MORE•,PARTICULARLY BY ADDING NEW SECTION 37-
6 TO SAID:CODE;;CONTAINING%A• REP.EALERiPROVISION.
AND A SEVERABILITY CLAUSE; AND PROVIDINGFOR AN; •
EFFECTIVE DATE.: •.' •
• • - -ORDINANCE NO. 12007 • • :
AN ORDINANCE OF. THE MIAMI CITY COMMISSION AMEND'
1NG•THE FUTURE L-4N' USE MAP' OF'-THECOMPREHEN
SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE.- .1
• DESIGNATION OF THE PROPERTY LOCATED AT APPROXI
MATELY 5932 NORTHEAST. 2ND AVENUE, .MIAMI, FLORIDA„`
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO'
"RESTRICTED COMMERCIAL"; MAKING FINDINGS;•DIRECT-!• •
ING, TRANSMITTALS TO'AFFECTED AGENCIES; CONTAIN-i•
LNG ...A REPEALER PROVISION AND A. SEVERABILITY,.'.
CLAUSE; AND PROVIDING FORAN EFFECTIVE•DATE.
ORDINANCE NO. 12008 •
• AN ORDINANCE OF THE MIAMI CITY COMMISSION.AMEND-
ING' PAGE NO. 13 OF THE !ONING'ATLAS OF ORDINANCE
, NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE"CITY'OF MIAMI. FLORIDA, ARTICLE 4, SECTION•401, .
SCHEDULE OF 'DISTRICT REGULATIONS„ BY CHANGING,.
THE ZONING CLASSIFICATION FROM..IR-3 MULTIFAMILY',
• MEDIUM DENSITY"RESIDENTIAL TO•rC-ii RESTRICTED,•,
COMMERCIAL FORTHE PROPERTY LOCATED.AT APPROX-' :
IMATELY.5932 NORTHEAST 2ND AVENUE, MIAMI, •FLO RIDA, "•
• CONTAINING`A REPEALER PROVISION, A SEVERABILITY'
CLAUSE; AND'PROVIDING FOR AN EFFECTIVEDATE.,• ,
• •
ORDINANCE NO. 12009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING ORDINANCE. NO, 11600, AS AMENDED,•THE ZONING
ORDINANCE OF THE gip( .OF MIAMI. FLORIDA; BY AMEND-
ING ARTICLE; 4, .SECTION 401; SCHEDULE* O,F DISTRICT
REGULATIONS,'ARTICLE 9, SECTION '934, COMMUNITY ;
, • BASED RESIDENTIAL FACILITIES, AND ARTICLE 25, .SEC-
• •TION 2502, SPECIFIC 'DEFINITIONS, 'TO MODIFY PROW-
. SIONS RELATED TO.COMMIUNITY.BASED RESIDENTIAL FA-
CILITIES; CONTAINING A REPEALER PROVISION AND'SEV-
ERABILITYCLAUSE; op 'PROVIDING FOR'ANEFFECTIVE
'DATE. ••
- ORDINANCE NO. 12010 AN ORDINANCE OF.THE MIAMI CITY COMMISSION AMEND-
• ING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE'OF THE CITY OF MIAMI. FLORIDA, BY AMEND-
LNG ARTICLE 9; SECTION 916,, INTERIM PARKING,.T.O•MODI-
I:A FY- PROVISIONS'RETED TO INTERIM.:PARKING; CON-'
TAINING• Ar REPEALER PROVISION' AND', SEVERABILITY '
CLAUSE;'AND PROVIDING FOR AN EFFECTIVE. DATE. • .•
•
ORDINANCE NO. 12011: .
ORDINANCE OF THE MIAMI C1T.Y•COMMISSION AMEND-
ING'ORDINANCE'NO. 11.000,AS AMENDED, THE ZONING
ORDINANCE OF THECITY OF MIAMI. FLORIDA, BY AMEND- •
ING ARTICLE 9,"SECTION 910, UNITY OF. TITLE, TO ALLOW •
ACCEPTANCE OF ACOVENANT IN LIEU OF A UNITY OF. TI-
• 'TLE'-FOR PROPERTIES. ZONED A-4 MULTI -FAMILY HIGH .
DENSITY RESIDENTIAL; CONTAINING,A REPEALER PROVI-
SION AND SEVERABILITY CLAUSE; AND"PROVIDING,•FOR
AN EFFECTIVE DATE: : • •, . • :: •
ORDINANCE NO. 12012 - -
AN:ORDNANCEOF=THE MIAMI CITY COMMISSION;AMEND-
1'ING-CHAPTER.62IARTICLE V-OF THE. CODE OF THE CITY
• ',a OF MIAM); FLORIDA`AS AMENDED, ENTITLED "ZONING:,
-; : ;'
•. AND PL:ANNING/APPOINTMENT OF MEMBERS AND ALTER-,
- 'NATE'MEMBERS OF'THE PLANNING ADVISORY- BOARD.
^'+•AND'ZONING BOARD"; TO 'AMEND PROVISIONS RELATED •
• "TO' COURTESY NOTICE FOR CONDOMINIUM ASSOCIA,
:TIONS; MORE'PARTICULXRLy BY AMENDING. SECTION 62=.
•`129(4)' OF -SAID CODE; CONTAINING A REPEALER PROV1-
• i rSIONIAND'ASEVERABILITY CLAUSE; AND,PROVIDING FOR '
AN EFFECTIVE DATE: • •
Sard ord,nances may be rnspected by the publjc at the Office of.�~`
. the City Clerk, 3506 Pan American D'rive,`Miami, Florida, Monday •
-through Friday, excluding'holiday's,:between the hours of 8 a.m. , „
and'S'p.m, , b •
• All;tnterested'persons;mayappear at the• meeting and. may be heard
with reapectto the, proposed ordinances. Should arty person desire to ap=
peal ahy decision of the City Commission with respect to any matter to be
considered at this meeting; 'that person shall ensure that •a verbatim
record of the proceedings is made. including all testimony and evidence
upon which any appeal may be based.
{1t9376) '
,'12)29•
WALTER•3. FOEMAN.,
CITY CLERK ,,
ittr
00-4-640 2007.0.M
MIAMI DAILY BUSINESS REVIEW
Published Daily except•Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flkla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami. in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in'the matter of
CITY OF MIAMI
ORDINANCE AMENDING CHAPTER
37, ETC.
in the
XXXXX
w sep Iished in2 tia1 Owspaper in the issues of
ll 4 U
Court,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter -t the post office in Miami In said Miami -Dade
Co y, ride, for a period of one year next preceding the
fir pubic ation of the attached copy of advertisement; and
a giant fu her says that she has neither paid nor promised
a per :n, firm or corporation any discount, rebate, com-
ma . sio . r refund f, the purpose of securing this advertise- .
m t . r publication the -id newspaper.
(SEAL)
Sookie Wi
afore me this
• 2000
MESA
'MY COMMISSION # CC 885640
.1 EXPIRES: Mar h 4, 2004
Bonded Thru Notary publlc Underwritors
CITY OF MIAMI, FLORIDA
OTICE OF PROPOSED ORDINANCES -
Notice is.hereby given that the "City Commission of the City of Miami,
Florida, will consider the following ordinances on second and final reading
•"on December 14, 2000 commencing at 9:30 a.m., in the City Commission
Chambers, 3500,.Pan American Drive, Miami, Florida;.'
ORDINANCE NO. •. •
' 'AN ORQINANC OF THE MIAMI CITY COMMISSION AMEND- •
ING THE CODE. OF .THE.. CITY OF MIAMI,_ FLORIDA, AS
' AMENDED, TO CREATE AND ESTABLISH THE VIRGIN11A KEY
BEACH EARK TRUST (THE "TRUST"),•SET FOR FrrRE1E-
GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG-
NATE THE TRUST'S JURISDICTIONAL AUTHORITY, SET
.FORTH THE TRUSTS PURPOSE; 'POWERS AND DUTIES,
AND•PROVIDE FOR COMPOSITION AND APPOINTMENTS,
TERMS OF OFFICE, VACANCIES,. MEMBERSHIP ELIGIBILI-
•
TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM
AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH-. -•
• MENT; AND' "SUNSET" REVIEW OF THE TRUST EVERY
!FOUR YEARS; MORE PARTICULARLY, BY AMENDING SEC-
• " TION 2-892 AND'BY ADDING A NEW ARTICLE, CONSISTING
` OF SECTIONS 38-230 THROUGH 38-241' TO CHAPTER 38 OF -
THE'CODE; •CONTAINING A REPEALER PROVISION' AND A'
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE. •-
• ORDINANCE'NO. • AN ORDINANCE OF THE MIAMI•CITY COMMISSION. AMEND-
- ING CHAPTER 37 OF THE CODE ,OF THE CITY OF MIAMI,
FLORIDA, ' AS • • AMENDED,' ENTITLED. "OFFENSES-
". MISCELLANEOUS". TO'.ADD A NEW SECTION TO MAKE IT
• UNLAWFUL FOR.A PERSON TO AGGRESSIVELY PANHAN-
DLE;•MORE PARTICULARLY BY ADDING NEW SECTION 37-
6 TO SAID' CODE; .CONTAINING A REPEALER PROVISION • •
• AND A SEVERABILITY'CLAUSE; AND PROVIDING FOR AN .
EFFECTIVE DATE: •
.Said proposed°ordinances may be inspectedby the public at the •
Office of the City Clerk, 3500 'Pan•Anierican Drive, Miami, Flori- ' •
da;' Monday through' Friday; excluding holidays, between the
- '• 'hours of 8 a.m:••and 5 p.m, .
All interested persons may appearat the. meeting and may be •heard
with respect to the proposed ordinances. Should any person desire to ap-
peal any decision of the:City Commission with respect'to any matter to be
considered at -this meeting, that. Person shall ensure that• a verbatim
record of the prdceedings is made including all testimony. and evidence
upon Which any appeal. may be based: • • -
WALTER J: FOEMAN
• CITY CLERK •
(#9370)_ '
12/4 00 4-36/1.13032M
J-02-119SE
3/14/02
ORDINANCE NO.
12201
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTERS 2, 12.5. 38 AND 40 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO WAIVE THE REQUIREMENTS FOR THOSE
INDIVIDUALS WHO ARE MEMBERS OF CITY BOARDS
AND WHO ARE (1) RESERVISTS IN THE UNITED
STATES ARMED FORCES OR MEMBERS OF THE FLORIDA
NATIONAL GUARD, AND HAVE BEEN ORDERED TO
ACTIVE MILITARY DUTY FOR NATIONAL, STATE, OR
HOMELAND DEFENSE AND DUE TO SUCH DUTY CANNOT
ATTEND BOARD MEETINGS, OR (2) FULL-TIME
CONSULTANTS OR EMPLOYEES OF AGENCIES WHOSE
SERVICES ARE CONSIDERED ESSENTIAL FOR
NATIONAL, STATE, OR HOMELAND DEFENSE AND DUE
TO SUCH SERVICES CANNOT ATTEND BOARD
MEETINGS; MORE PARTICULARLY BY AMENDING
SECTIONS 2-886, 12.5-30, 38-233, 40-193, AND
40-243 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Code of the City of Miami, Florida, as
amended, is further amended in the following particulars:11
if
"CHAPTER 2
ADMINISTRATION
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.
12201
ARTICLE XI.
BOARDS, COMMITTEES, COMMISSIONS
*
DIVISION 2.
STANDARDS FOR CREATION AND REVIEW OF BOARDS, GENERALLY
*
Sec. 2-886. Attendance Requirements.
(a) Notwithstanding any other provision of this Code,
any board member shall be automatically removed
if, in a given calendar year:
(1) He or she is absent from three consecutive
meetings; or
(2) He or she is absent from four of the board's
meetings;
(3) Provided that regardless of their compliance
with subsection (a)(1) and (2) hereinabove,
members must attend at least 50 percent of
all the board meetings held during a year.
(b) A member of a city board shall be deemed absent
from a meeting when he or she is not present at
the meeting at least 75 percent, of its duration.
(c) The provisions of this section may be waived by a
four -fifths vote of the members of the full city
commission.
(d) The provisions of this section shall not apply to
those individuals who are members of city boards
and who are (2) reservists in the United States
Armed Forces or members of the Florida National
Guard, and have been ordered to active military
duty for national, state, or homeland defense and
due to such duty cannot attend board meetings, or
(2) full-time consultants or employees of agencies
whose services are considered essential for
national, state, or homeland defense and due to
such services cannot attend board meetings.
*
Page 2 of 8
12201
*
*
CHAPTER 12.5
COMMUNITY REVITALIZATION
ARTICLE I.
COMMUNITY REVITALIZATION DISTRICTS
*
DIVISION 2.
MODEL CITY HOMEOWNERSHIP TRUST
*
Sec. 12.5-30. Governing body -composition and
appointments; terms of office and
vacancies; membership qualifications;
procedures for appointment of members
and the nomination and election of the
public advocate; officers; oath; quorum
and voting; meetings; attendance
requirements; indemnification.
*
* * *
(j) Attendance requirements.
1. A member shall be automatically removed if,
(a) in a given calendar year he or she is
absent from three (3) consecutive meetings;
or (b) he or she is absent from four (4)
properly noticed meetings within an eight -
month period without an excused absence.
2. The provisions of this subsection shall not
apply to those individuals who are members of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
Florida National Guard, and have been ordered
to active military duty for national, state,
or homeland defense and due to such duty
cannot attend board meetings, or (2) full-
time consultants or employees of agencies
whose services are considered essential for
national, state, or homeland defense and due
to such services cannot attend board
meetings.
*
*
Page 3 of 8
12201
*
*
CHAPTER 38
PARKS AND RECREATION
ARTICLE VI.
VIRGINIA KEY BEACH PARK TRUST
*
Sec. 38-233. Governing
appointments;
vacancies;
requirements;
*
*
body:
terms of
membership
oath; quorum
*
*
composition
office
eligibility
and voting;
and
and
meetings; attendance requirements;
indemnification.
(g) Attendance requirements.
*
1. A member shall be automatically removed if,
(a) in a given calendar year he or she is
absent from three consecutive meetings; or
(b) he or she is absent from four properly
noticed meetings within an eight -month period
without an excused absence.
2. The provisions of this subsection shall not
apply to those individuals who are members of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
Florida National Guard, and have been ordered
to active military duty for national, state,
or homeland defense and due to such duty
cannot attend board meetings, or (2) full-
time consultants or employees of agencies
whose services are considered essential for
national, state, or homeland defense and due
to such services cannot attend board
meetings.
*
*
*
*
CHAPTER 40
PERSONNEL
Page 4 of 8
12201
ARTICLE IV.
PENSION AND RETIREMENT PLAN
*
DIVISION 2.
CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST
*
Sec. 40-193. Board of trustees.
(a) Selection.
*
*
* *
(1) The board of trustees of the retirement
system shall consist of nine persons selected
as follows:
d. Four independent trustees, which
trustees shall not be city employees,
selected by the commission. Two such
trustees shall be selected from a list
of six persons submitted by the FOP
according to its constitution and
bylaws, and two such trustees shall be
selected from a list of six persons
submitted by the IAFF according to its
constitution and bylaws. Each of the
lists submitted to the commission shall
not contain any name which duplicates a
name appearing on the other lists. In
the event a duplication of names does
occur, both lists shall be returned by
the commission for resubmission without
duplication. An independent trustee
shall have at least the following
qualifications:
*
*
3. Be able to attend board meetings if
scheduled well enough in advance
and agree to resign from the board
if meeting attendance is less than
75 percent in a one-year period;
however, the provisions of this
subsection shall not apply to those
Page 5 of 8
12201
individuals who are members of city
boards and who are (2) reservists
in the United States Armed Forces
or members of the Florida National
Guard, and have been ordered to
active military duty for national,
state, or homeland defense and due
to such duty cannot attend board
meetings, or (2) full-time
consultants or employees of
agencies whose services are
considered essential for national,
state, or homeland defense and due
to such services cannot attend
board meetings.
DIVISION 3.
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST
*
*
Sec. 40-243. Board of trustees.
(a) Composition and selection.
* *
*
*
*
* *
(2) The board of trustees shall be selected as
follows:
*
e. The trustees appointed by the city shall
have, at the minimum, the following
qualifications:
*
3. Be able to attend board meetings if
scheduled well enough in advance
and agree to resign from the board
if meeting attendance is less than
75 percent in a one-year period;
however, the provisions of this
subsection shall not apply to those
individuals who are members of city
Page 6 of 8
12201
boards and who are (2) reservists
in the United States Armed Forces
or members of the Florida National
Guard, and have been ordered to
active military duty for national,
state, or homeland defense and due
to such duty cannot attend board
meetings, or (2) full-time
consultants or employees of
agencies whose services are
considered essential for national,
state, or homeland defense and due
to such services cannot attend
board meetings.
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 3. If any section, part of 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.?
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
February , 2002.
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.
Page 7 of 8
12201
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of March , 2002.
ATTEST:
PR'ISCILLA A. THOMPSON
CITY CLERK
APPROV
ATTORNEY
1208SE:BSS
FO`'`'AND CO'RECTNESS:
LO
Page 8 of 8
12201
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORAN P UM
TO: Priscilla A. Thompson, Cit
FROM: Alejandro Vilarello
DATE: January 28, 20
RE:
Corrected Scrivener's Error -Ordinance No. 12201 adopted March 14, 2002
(J-02-119 SE)
A review of Ordinance No. 12201, adopted March 14, 2002, has revealed that the
modification made by the City Commission at second reading related to the waiver of attendance
requirements for those individuals who are members of City boards and who are full-time
consultants when ordered to active military service was not incorporated in the ordinance prior to
the ordinance's execution by the Mayor and distribution by your office.
The attached substitute ordinance is to replace the document you presently possess as
Ordinance No. 12201, which has been revised to reflect that .... those individuals who are
members of city boards and who are (2) reservists in the United States Armed Forces or
members of the Florida National Guard, and have been ordered to active military duty for
national, state, or homeland defense and due to such duty cannot attend board meetings, or (2)
full-time consultants or employees of agencies whose services are considered essential for
national, state, or homeland defense and due to such services cannot attend board meetings....
After the correct document has been executed, please forward a copy to this Office. This
memorandum may be attached to Ordinance No. 12201 so that any concern regarding the
substitution of said Ordinance is clarified.
W814:BSS
Attachment
122u1
J-02-119
28/02
ORDINANCE NO. 161 °1)1
61°,.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTERS 2, 12.5. 38 AND 40 OF THE
DE OF THE CITY OF MIAMI, FLORIDA, AS
DED, TO WAIVE THE REQUIREMENTS FOR THOS
IND IDUALS WHO ARE MEMBERS OF CITY BOA-9S
AND .e ARE (2) RESERVISTS IN THE UN ED
STATES RMED FORCES OR MEMBERS OF THE FLe•IDA
NATIONAL GUARD, AND HAVE BEEN ORDE• D TO
ACTIVE MIL TARY DUTY FOR NATIONAL, ST TE, OR
HOMELAND DE .NSE AND DUE TO SUCH DU CANNOT
ATTEND BOARD !EETINGS, OR (2) EMP:OYEES OF
AGENCIES WHOS• SERVICS ARE CONSIDERED
ESSENTIAL FOR NA IONAL, STATE, OR HOMELAND
DEFENSE AND DUE *O SUCH SEICES CANNOT
ATTEND BOARD MEETINe ; MORE PARTICULARLY BY
AMENDING SECTIONS 2-:86, .5-30, 38-233,
40-193, AND 40-243 OF S• D 'ODE; CONTAINING A
REPEALER PROVISION ANDA •''VERABILITY CLAUSE;
AND PROVIDING FOR AN EFFr VE DATE.
BE IT ORDAINED BY THE
FLORIDA:
MMISSION b THE CITY OF MIAMI,
Section 1. C pters 2, 12.5, 38 and 40 o the Code of
the City of Miami, ' arida, as amended, is further amended in the
following partic ars:-
Words nd/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in ffect and remain unchanged. Asterisks indicate omitted and
un' anged material.
12201.
O H
M
0 "CHAPTER 2
• 1-1
ADMINISTRATION
c-r w
O H.
n
O w
o H
0
p, ARTICLE XI.
BOARDS, COMMITTEES, COMMISSIONS
o
L'ZA�
w m
Al
• o DIVISION 2.
STANDARDS FOR CRE ION AND REVIEW OF BOARDS, GENERALLY
m
N * * * *
• hi
CCD
(A) PO
• Y
Sec. 2-886. Attendance •equiremen►s
ro
✓ (a) Notwithstanding any oth pr• ision of this Code,
1-4 any board member shall .e automatically removed
if, in a given calendar ye
O (1) He or she is able. fr m three consecutive
".t.' meetings; or
m (2) He or she is ab-ent from fo of the board's
O meetings;
n
(3) Provided thregardless of thei compliance
with subse•tion (a)(1) and (2) h-reinabove,
members •st attend at least 50 •-rcent of
m all the '.oard meetings held during a ear.
N
(b) A member o a city board shall be deemed .•sent
from a me•-ting when he or she is not presenat
the meet ng at least 75 percent of its duration
(c) The provisions of this section may be waived by
four- ifths vote of the members of the full city
o com Fission.
(d) Te provisions of this section shall not a.ply to
hose individuals who are members of city boards
and who are (2) reservists in the United States
Armed Forces or members of the Florida National
5 Guard, and have been ordered to active military
duty for national, state, or homeland defense and
Page 2 of 8
12201
sue to such duty cannot attend board meetings, or
employees of agencies whose services are
sidered essential for national, state, or
land defense and due to such services cannot
d board meetings.
*
CHAPTER 12.5
COMMUNITY REVITALIZATION
ARTICLE I.
COMMUNIT REVITALIZATION DISTR TS
• H
sv
0
D VISION 2.
*
MODEL CITY HoMEOWNER IP TRUST
m
0
rt
rr
0
• Sec. 12.5-30. Governing
O appointor: ts; t
¢ vacanci-s; membe
proce• res for ap
and he nomination
pubic advocate; off
@ a . voting; meet
I-' equirements; indemnifi
* * * *
I-�
ci
I-1
5
0
n
a
0
2. The provisions of this subsection shall not
apply to those individuals who are member of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
(j) Attendance requirements.
dy-composition and
rms of office and
ship qualifications;
ointment of members
nd election of the
cers; oath; quorum
ngs; attendance
ation.
A member shall be automatically emoved if,
(a) in a given calendar year he or she is
absent from three (3) consecutive eetings;
or (b) he or she is absent from our (4)
properly noticed meetings within an eight -
month period without an excused absenc
Page 3 of 8
Florida National Guard, and have been ordered
to active military duty for national, state,
or homeland defense and due to such duty
cannot attend board meetings, or (2)
m•lo ees of agencies whose services are
c.nsidered essential for national, state, or
ho eland defense and due to such servic=
can •t attend board meetings.
*
38-233.
CHAPTER 38
PA S AND RECREATION
ARTI E VI.
VIRGINIA KEY BE CH PAR •' TRUST
*
Governing
appointment
vacancies;
requirem
meeting
inde
*
ody:
terms
members
ts; oath; qu
attendance
fication.
*
Attendance equirements.
*
*
composition and
of office and
p eligibility
rum and voting;
requirements;
mber shall be automatically removed if,
(. in a given calendar year he or he is
sent from three consecutive meetin• ; or
(b) he or she is absent from four properly
noticed meetings within an eight -month pe.iod
without an excused absence.
2 The provisions of this subsection shall no
apply to those individuals who are members of
city boards and who are (2) reservists in the
United States Armed Forces or members of the
Florida National Guard, and have been ordered
to active military duty for national, state,
Page 4 of 8
n H
ct• CD
1C
0 or homeland defense and due to such duty
11
CI'
cannot attend board meetings, or (2)
o • P employees of agencies whose services are
• P .onsidered essential for national, state, or
,� homeland defense and due to such services
o ca. of attend board meetings.
t+ N
(D * * * *
�
ap)
0
w • rn CHAPTER 40
PERSONNEL
P N
hj N
(=>
~+ * * * *
c)�'
o �
N
o hj AR CLE I V .
c,,,� PENSION AND 'ETIREMENT P
0
DIVISION
m CITY OF MIAMI FIREFIGHTERS' AN POLICE OFFICERS'
c-t- RETIREMENTRUS
fi
G
fD * * * *
0
hj
Sec. 40-193. Board oaf trustees.
(a) Selection.
oa3 wnpupaoUau aad TOZZT
*
(1) The •.ard of trustees of the r:tirement
syst shall consist of nine persons 'elected
as "ollows:
Four independent trustees, whi h
trustees shall not be city employees
selected by the commission. Two such
trustees shall be selected from a list
of six persons submitted by the FOP
according to its constitution and
bylaws, and two such trustees shall be
selected from a list of six persons
submitted by the IAFF according to its
Page 5 of 8
12201
C1 1-3
Y•
rt(D
0
rtconstitution and bylaws. Each of the
o N. lists submitted to the commission shall
P not contain any name which duplicates a
,m H name appearing on the other lists. In
the event a duplication of names does
ou
o ¢ occur, both lists shall be returned b
M 0 the commission for resubmission with.. t
A'p duplication. An independent tru- ee
w o hall have at least the foil.wing
0 q ,.lifications :
o
1-C o
co 3. B- able to .attend boar. meetings if
sch:duled well enou• in advance
o n and agree to resign from the board
to if me ting attend.. ce is less than
75 per.ent in a one-year period;
however, the : ovisions of this
subsectio sh-.l not apply to those
individuals o are members of city
boards and o are (2) reservists
in the U te. States Armed Forces
or membes of he Florida National
Guard, and hav- been ordered to
activ military ..ty for national,
sta -, or homeland defense and due
to such duty canno attend board
etings, or (2) -mployees of
agencies whose se vices are
considered essential fonational,
state, or homeland defen and due
to such services cannot attend
board meetings.
•
0
t'
1-4
0
m
m
n
5
m
5
DIVISION 3.
0 TY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST
Ih
* * * *
Sec. 40-243. Board of trustees.
(a) Composition and selection.
Page 6 of 8
1220
H
N-b'•
(D
0
n * *
rtY•
rrw
0 H-
0 (2) The board of trustees shall be selected as
,CD H follows:
0
p a *
rt H•
m
e The trustees appointed by the city sha
a 0 have, at the minimum, the follo ng
qualifications:
P
h N * * * *
1'
1-4
0No 4 3 Be able to attend board i eetings if
w scheduled well enough in advance
o ' - d agree to resign om the board
��•,b i meeting attendan•e is less than
0 75 percent in a one-year period;
w
o howevr, the provisions of this
a subsec on shal not apply to those
a' individuals w . are members of city
1-4 boards an. o are (2) reservists
G in the Unix-d States Armed Forces
a' or member o the Florida National
rt. Guard, nd h. e been ordered to
active military duty for national,
rr
state, or homelan• defense and due
m to _uch duty cannot attend board
0 meetings, or (2) employees of
'J
a -•encies whose s_ vices are
0` considered essential f• national,
0 state, or homeland defen e and due
o
o to such services cannoattend
board meetings.
Section 2. All ordinances or parts of ordinances that
are inconsis -nt or in conflict with the provisions o. this
n
Ordinance - e repealed.
0
0
ection 3. If any section, part of section, paragraph,
5
,fi c ause, phrase or word of this Ordinance is declared invalid, the
n
O'remaining provisions of this Ordinance shall not be affected.
Page 7 of 8
12,201
ction 4. This Ordinance shall become effective thirty
(30) day after final reading and adoption thereof.2/
PASSED 0 FIRST READING BY TITLE ONLY this 14th ..y of
February
02.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of Marc , 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED TO FO'`, AND CORRECTNESS
ELLO
ATTORN
W1208:BSS
rn
z/ his 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.
A. DIAZ, MAY
Page 8 of 8
12201.
Se9nd Reading Ordinr Ace
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORAND1510
7
TO:
FROM: Alejandro Vilarello, CityAttom
DATE: January 29, 2002
RE: City Cornrnission' eetin ebruary 14, 2002
First Reading Or • e-AAmend City Code to waive the attendance
requirements for members of City Boards for (1) Armed Forces Reservists
or the Florida National Guard ordered to active military service, or (2)
employees of agencies whose services are considered essential for
national, state, or homeland defense and due to such duty or services
cannot attend Board meetings (3-02-119)
Mayor and Members of the City Commission
At the January 24, 2002, City Commission meeting, the City Commission directed the
City Attorney to prepare an ordinance to waive the provisions contained in Section 2-886 of the
City Code, entitled "Attendance Requirements," for those individuals who are members of City
boards and who are (1) reservists in the United States Armed Forces or members of the Florida
National Guard, and have been ordered to active military duty for national, state, or homeland
defense and due to such duty cannot attend board meetings, or (2) employees of agencies whose
services are considered essential for national, state, or homeland defense and due to such services
cannot attend board meetings.
This proposed ordinance has been submitted to the Agenda Coordinator for placement for
first reading on the February 14, 2002 City Commission Agenda.
W665:BSS
Attachment,
c: Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
122 01
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper. published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
P.O. 10457
CITY OF MIAMI - NOTICE OF PROPOSED
ORDINANCE - FINAL READING 3/14/2002
in the XXXX Court,
was published in said newspaper in the issues of
03/04/2002
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she
has neither paid nor promised any person, firm or corporation
any discount, rebate, com or refund for the purpose
of securing tf}•►( dvert _ publication in the said
newspaper
Sworn to a
04
- su. -lribed before m = thi
CH
(SEAL)
O.V. FERBEYRE per
•
002
0:01,1W/4/
AV/
FFICIAL NOTARY SEAL
JANETT LLERENA
grA1/4/1a4gSTATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
��1J CITY OF MIA , FLORIDAt.!! NOTICE OF PROPOSED ORDINANCE
Notice Is hereby given that the City,Cominission of the City of Miami,
Florida, will consider the following ordinance on second and final reading
on March 14r 2002 commencing at,9:00 a.m., in the City Commission
Chambers, 3500 Pan American Drive, Miami, Florida; .
ORDINANCE NQ.
AN ORDINANCE OF THE MIAMI CITY AMENDING CHAP- •
TEAS 2,12.5, 38.AND 40 OF THE -CODE OF THE CITY OF. MIA -
MI, FLORIDA, AS AMENDED, TO WAIVE THE REQUIRE-
MENTS FOR THOSE INDIVIDUALS WHO ARE MEMBERS OF .
CITY BOARDS AND WHO ARE (2) RESERVISTS IN THE UNIT-
ED STATES ARMED FORCES OR MEMBERS OF THE FLORf-
DA NATIONAL GUARD, AND.HAVE.BEEN ORDERED TO AC- .
TIVE MILITARY DUTY FOR NATIONAL, STATE, OR HOME-
LAND DEFENSE AND•DUE TO .SUCH DUTY. CANNOT AT-
-TEND BOARD MEETINGS, .OR (2) EMPLOYEES OF AGEN-
CIES.WHOSE SERVICES ARE CONSIDERED ESSENTIAL
FOR NATIONAL,, STATE, OR HOMELAND- DEFENSE AND,
DUE TO SUCH SERVICES CANNOT ATTEND BOARD. MEET-
INGS; MORE. PARTICULARLY BY AMENDING SECTIONS 2-
886, 12.5.30, 38-233, .40-193, AND 4f>•243OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILI-
' TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. .
Said proposed ordinance may be inspected. by the public at the
Office of the City Clerk, 3500 Pan American Drive, Miami; Flori-
da, Monday.thrnugh Friday, excluding holidays, between the
hours dL8 a.m, and 5-p.m. . -
All interested^persons.may.appear. at the meeting and may,De heard
with reapect.to the proposed ordinance. ,Should any person desire to ap-
peal any decrialon of. the City Commission with respect to any matter to f7e
considered .at this .meeting, that person shall ensure that a verbatim
record- of the proceedings •is, made including all testimony and evidence
upon which any appeal .may be based. • .
40457)
SYLVIA SCHEMA
ACTING CITY CLERK
02-4-07/241389M