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HomeMy WebLinkAboutBack-Up from Law Dept8/18/2015 Miami, FL Code of Ordinances ARTICLE III. - BAYFRONT PARK MANAGEMENT TRUST Sec. 38-101. Bayfront Park Management Trust created. There is hereby created and established a limited agency and instrumentality of the city to be known as the "Bayfront Park Management Trust." Use of the term "trust" in this article shall mean the Bayfront Park Management Trust. (Ord. No. 10348, § 1(1), 11-19-87; Code 1980, § 38-71) Sec. 38-102. - Purpose. The trust shall direct, operate, manage and maintain all aspects of the city -owned property known as Bayfront Park (hereinafter referred to as "park"), for the purposes of ensuring maximum community utilization and enjoyment. The trust shall endeavor to attract organized activities and functions to the park consistent with this purpose. (Ord. No. 10348, § 1(2), 11-19-87; Code 1980, § 38-72) Sec. 38-103. - Governing body. (a) Composition; appointments; term of office. (1) The trust shall consist of nine members appointed by the city commission. A member of the city commission shall be the chairperson of the trust and the ninth member thereof; five members shall be nominated individually, one each by the city commissioners and four members shall be appointed at large by the city commission. Each member of the trust shall reside, work, own real property or own a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community. The chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time. (2) The term of the city commissioner serving as the ex officio voting member and chairperson of the trust shall be reviewed by the city commission on or about June 1 of each calendar year resulting in the selection of a new chairperson or the reappointment of the existing chairperson to serve as the chairperson of the trust. (3) Each member shall be named and appointed by the city commission for a term of one year or until the nominating commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the unexpired term. (4) The city commission shall appoint all other officers, including a secretary, from among the trust's members. The chairperson shall serve for one year, and each successor chairperson shall be appointed by the city commission in the manner set forth in subsection (a)(1) of this section. (5) Duly appointed members of the trust may be referred to from time to time as trustees. (b) Oath. Upon the effective date of his appointment, or as soon thereafter as practicable, each member of the trust shall enter upon his duties but before doing so he shall take the oath prescribed by section 41(e) and (f) of the city Charter. (c) Organization; indemnification, about:blank 1/5 8/18/2015 Miami, FL Code of Ordinances (1) Quorum and voting. At all meetings of the trust, a majority of those present at a properly noticed meeting shall constitute a quorum for the transaction of business, and each trustee shall have one vote on every issue submitted to a vote of the trust. The act of a majority of the trustees present at a meeting at which a quorum is present shall be the act of the trust. The members of the trust shall make and adopt bylaws and rules and regulations for the trust's governance and for the operation, management and maintenance of the park. (2) Meetings. The trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the trust shall be public, and written minutes of the proceedings thereof shall be maintained by the trust. All actions taken at the meetings of the trust shall be promptly and properly recorded. The official city policies relating to the attendance of regular board meetings shall be applicable to members of the trust. (3) Protection from personal liability. The trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such coverage does not apply, the city shall indemnify the trustees in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. (Ord. No. 10348, § 1(3), 11-19-87; Ord. No. 11044, § 1, 3-11-93; Ord. No. 11107, § 1, 12-16-93; Ord. No. 11130, § 14, 3-24-94; Ord. No. 11151, § 2, 5-23-94; Ord. No. 11189, § 4, 10-27-94; Code 1980, § 38-73; Ord. No. 11348, § 2, 3-14-96; Ord. No. 11373, § 9, 6-27-96; Ord. No. 11564, § 14, 10-28-97) Sec. 38-104. - Powers, purposes and duties of the trust. The trust shall have the power to do all things necessary to direct, manage and maintain Bayfront Park, subject at all times to city commission approval and any existing contractual obligations. (Ord. No. 10348, § 1(4), 11-19-87; Code 1980, § 38-74) Sec. 38-105. - Appointment, term, qualifications, compensation, general powers and responsibilities of the executive director. There shall be an executive director who shall be appointed by the trust subject to city commission approval. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the trust shall submit monthly written status reports on the trust's operations and expenses to the city commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the trust, and approved by the city commission. The executive director shall take an oath before entering upon any duties. The executive director shall act as the chief executive officer of the trust. Subject to the policy directives of the trust, the executive director shall have general supervision over and be responsible for the management and operation of all trust properties, activities, and facilities. The executive director shall execute all contracts in behalf of the trust after approval by the board. The executive director shall attend all meetings of the trust, shall furnish the trust a quarterly report with respect to the management, operation, and maintenance of the park, and the financial condition of the trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the park and to said trust as may be required by the trust or the city. In the event that the executive director shall for any reason be temporarily incapable of exercising the powers and about:blank 2/5 8/18/2015 Miami, FL Code of Ordinances performing the duties and functions of his office, the city commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director shall be terminated. (Ord. No. 10348, § 1(5), 11-19-87; Code 1980, § 38-75) Sec. 38-106. - Employment of assistants. Subject to the policy directives of the trust and budget limitations, the executive director shall employ such assistants as are necessary to provide for the efficient operation of the trust. (Ord. No. 10348, § 1(6), 11-19-87; Code 1980, § 38-76) Sec. 38-107. - Encouragement of private enterprise. The trust shall, to the greatest extent it determines to be feasible, implement the exercise of its powers in a manner which utilizes and encourages the fullest and most active participation and cooperation of private enterprise. (Ord. No. 10348, § 1(7), 11-19-87; Code 1980, § 38-77) Sec. 38-108. - Counsel. The city attorney's office shall provide legal services to the trust as may be necessary and requested by the trust. (Ord. No. 10348, § 1(8),11-19-87; Code 1980, § 38-78) Sec. 38-109. - Approval of budget. (a) Effective immediately, the trust shall establish a fiscal year which coincides with that of the City of Miami. The trust shall submit to the city commission, in a form acceptable to the city manager, and no later than April 1 next preceding each fiscal year, a trust budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the city for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the trust budget for that year. (c) In conjunction with the submission of the budget, the trust shall submit a master plan showing the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The city commission may review and deny any item contained in the master plan within 30 days from date of its submission by the trust. (Ord. No. 10348, § 1(9), 11-19-87; Code 1980, § 38-79) Sec. 38-110. - Charge for use of park equipment in Mildred and Claude Pepper Bayfront Park. An equipment use charge is hereby assessed on all private promoters of events or activities held in Mildred and Claude Pepper Bayfront Park. Revenues from such charge shall be used to partially defray operational costs of the Mildred and Claude Pepper Fountain. The herein charge for use of park equipment shall be established by the Bayfront Park Management Trust executive director at fair market value and may be a separate charge or may be incorporated as part of an unapportioned park user fee. about:blank 3/5 8/18/2015 Miami, FL Code of Ordinances This equipment use charge shall not be applicable for those events for which prior contractual relationships exist which have been approved by the city manager, or his designee, or the Bayfront Park Management Trust executive director. (Ord. No. 10928, § 2, 10-3-91; Code 1980, § 38-79.1) Sec. 38-111. - Annual report and audit. (a) The trust shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the trust at any time, (Ord. No. 10348, § 1(10), 11-19-87; Code 1980, § 38-80; Ord. No. 11564, § 14, 10-28-97) Sec. 38-112. - Contributions. It is the intention of the city commission that the trust actively solicit contributions and financial support from private business interests and any other governmental authorities. (Ord. No. 10348, § 1(11), 11-19-87; Code 1980, § 38-81) Sec. 38-113. - Reservation of park use. Bayfront Park shall be reserved for community use 50 percent of the days of each fiscal year. An additional 30 days each year are reserved for use by the trust, unless the trust has existing commitments for scheduled events on the requested day(s). The trust shall be empowered to waive the Bayfront Park Amphitheater rental fee during portion(s) of such 30-day period when the amphitheater user is a bona fide nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501(c)(3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for charitable, scientific, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals. (Ord. No. 10348, § 1(12), 11-19-87; Ord. No. 10571, § 1, 4-13-89; Code 1980, § 38-82) Sec. 38-114. - Abolition of trust. The city commission, by an affirmative vote of three commissioners, may abolish the trust, at which time the powers and duties of the trust shall revert to the city and the city shall resume responsibility for the maintenance, operation and management of Bayfront Park. (Ord. No. 10348, § 1(13), 11-19-87; Code 1980, § 38-83) Sec. 38-115. - Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs. (a) Notwithstanding any provision in the city Code to the contrary, the Bayfront Park Management Trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by said trust, or its executive director, may permit, upon execution of an application/permit form and upon payment in full of the permit fee specified in city Code section 38-70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers in the Claude and Mildred Pepper Bayfront Park. (b) about:blank 4/5 8/18/2015 Miami, FL Code of Ordinances There shall be no such permits issued in connection with a hard rock, rap, heavy metal, or other musical event of the type which requires extraordinary security measures. (c) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the application/permit form. (Ord. No. 10688, § 1, 1-11-90; Code 1980, § 38-49.2) Sec. 38-116. - Criteria for denial of permits for use of Bayfront Park and its facilities. To the extent permitted by law, the trust may deny a permit for the use of its facilities if the applicant, or the person on whose behalf the application is made, has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The trust may also deny a permit on any of the following grounds: (1) The application for permit (including any required attachments and submissions) is not fully completed and executed; (2) The applicant has not tendered the required application fee with the application or has not tendered the required user fee, use -agreement or other type of agreement, insurance certificate, or security deposit within the times prescribed by the executive director; (3) The application contains a material falsehood or misrepresentation; (4) The applicant is legally incompetent to contract or to sue and be sued; (5) The applicant or the person on whose behalf the application was made has on prior occasions damaged trust property and has not paid in full for such damage, or has other outstanding and unpaid debts to the trust; (6) A fully executed prior application for the same time and place has been received, and an agreement has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof; (7) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the trust and or the city and previously scheduled for the same time and place; (8) The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to this chapter; (9) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of trust employees or of the public; (10) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the trust and or city concerning the sale or offering for sale of any goods or services; and (11) The use or activity intended by the applicant is prohibited by law, by the City Charter, this Code, the zoning code and ordinances of the city, or by the regulations of the trust. (Ord. No. 12439, § 1, 11-13-03) Secs. 38-117-38-145. - Reserved. about:blank 5/5 !/RO?7W?.fS'ASei:'AAfO'Nby"PI J*67-643(b) 1.1./.19/87 ORDINANCE NO, ..__jU343 AN ORDINANCE OP THE CITY OF MIAMI COMMISSION CREATING AND ESTABLISHING THE NAYFRONT PARK MANAGEMENT TRUST; PROVIDING FOR A GOVERNING BODY; PROVIDING POR QUALIFICATIONS or MEMBERS; PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING POR THE ORGANI7,ATION OF THE TRUST; PROVIDING roR THE POWERS, PURPOSES AND DUTIES OF THE TRUST; PROVIDING FOR THE APPOINTMENT, TERM, QUALIFICATIONS, GENERAL POWERS AND RESPONSIBILITIES ()F THE EXECUTIVE DIRECTOR; PROVIDING FOR RECEIPT OF PRIVATE) CONTRIBUTIONS; AND PROVIDING FOR SFVERABIL1TY, INCLUS.IO'N IN THE CODE AND AN EFFECTIVE DATE, WHEREAS, the management, maintenance and operation of Bayfront Park is presently provided for by the City; and WHEREAS, the City Commission is desirous of establishing a limited agency to be known as "Bayfront Park Management Trust" to operate, manage and maintain Bayfront Park; NOW, THEREFORE, BE IT ORDAINED 13Y THE COMMISSION OP THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 38-A of the Code of the City of Miami, Florida, is hereby adopted as follows: "BAYFRONT PARK MANAGEMENT TRUST Sec. 1. Bayfront Park Management Trust Created. There is hereby created andestablished a .limited agency and instrumentality of the'city to be known as the "Bayfront Park Management Trust". Use of the term "Trust" in this Section shall mean the'Bayf.ront Park Management Trust. Sec, 2. Purpose, The. Trust shall direct, operate., manage and maintain all .aspects of. the City owned property known as Bayfront Park (hereinafter referred to as "Park"), for the purposes of insuring maximum community utilization and enjoyment'. The Trust shall endeavor to attract organized activities and functions to the Park consistent with this purpose. Sec, 3. Governing body.. (a) Composition;. appointments; terrn of office. (1) 'The Trust shall consist of twenty-one (21) members. Each member of the Trust shall reside or, have its principal, place of business in the City of Miami and shall he an individual -of outstanding _Rmswqmswmwmg, "Putation for ihteqritY, responsibility and commitment to Serving the commUhitV, One City CoMMissioner shall he an em- offiCio nonvoting member of the Trust, .(2) The initial appointments to the Trust Shall be made in the following mannert tiayfront park Management Trust Corporation; an existing not for profit corporation, shall submit a slate of fifteen (15) naMes, and the City Commission may veto any or all of, the proposed names on said slate. Should the City Commission veto any name, the Trust shall submit On additional name, whose appointment shall likewise he subject to the city COmmission's veto power. In addition, each member of the City Commission shall appoint one additional member to the Trust and the City Commission collectively shall select one additional person to serve as the chairperson of the Trust. Five of the, initial fifteen members appointed froM the slate Of names shall he appointed to serve one-year.terms, ,.live shall be appointed to serve twO-year terms and five shall be appointed to serve three-year terms. Bach initial Trustee appointed by each City Commissioner shall serve three-year teem8. (3) Upon expiration of •each initial term, each successor member shall be named and appointed by the City Commission for a term of three (3) years, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the Trust shall serve only for the unexpired term. (4) The •City .Commission shall appoint all other officers, including a secretary, from among 'the .Trust's members. The Chairperson shall serve for one year, and each successor Chairperson shall be appointed by the City Commission in the manner set forth in Section 3(a)(2) of this ordinance, (5) Duly appointed members of the Trust may be referred to from time to time as Trustees. (h) Oath. Upon the effective date of his appointment or as soon thereafter as practicable each member of the Trust Shall enter upon hie duties but before doing so he shall take the Oath prescribed by §91 of the City Charter. (c) Organization; Indemnification • .(1) 'Quorum and VOting. At all, meetings of the Trust,: the presence in person of a Majority of the Trustees then in office shall constitute a quorum fQr the transaction of business, and each Trustee shall have one vote on evory iutSUbthittOd LO A vote of the Trutt. The act of a Majority of the TrOSteet present at a Meeting at which a gooruM is present shall be the act or the Trust, The membors or the Trust shall make and adopt bylaws and rules arid regulations for the Trust's goVetnance and for the Operation, management and maintenance -or the Park. (2) Meetings, The Trust Shall hold regular quarterly meetings and may hold such other meetings'at it desnis necessary. All meetings of the Trust shall be public and wtitten minutes of the proceedings thereof shall be maintained by the Trust. All actions' taken at the meetings of the Trust shall be promptly and properly recorded. The official city policies relating to the attendance of regularboard meetings shall be applicable to members of the Trust, '(3) Protection from personal liability.. The Trust shall maintain Officers and directors liability insurance coverage at all times, in an amount and in a form Satisfactory to the City's Insurance Manager, To the extent such coverage does not apply, the City shall indemnify the Trustees in the same manner and to the same extent that it indemnifies all other City advisory boards. Nothing in this section shall. be construed in any way to affect the lawS relating to. sovereign immunity. Sec. 4. Powers, purposes and -duties of the Trust. The Trust. shail have the power to do all things necessary to direct, manage and maintain Bayfront. Park, subject at all times to City Commission approval and any existing Contractual obligations. Sec. 5. Appointment, term, qualifications, compensation, general powers and responsibilities of the Executive Director. There shall be ,an Executive Director who shall he appointed by the Trust subject to City Commission approval.. Additionally, each successor Executive• Director shall be similarly appointed and approved. After hiring ah 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 he a person of good moral Character and have an excellent reputation for integrity, responsibility, and business ability, but no Trust mether shall 'be eligible for appointment as Executive DireCtor. .The Executive Director shall receiye such salary as shall be fixed by the Trust, and approved by the City Commission. The Executive Director shall take an oath before entering upon any dutiesThe Executive Director shall act as the chief executive officer of the Trust'. $0ject to'the policy directives of the TrUSt., the Executive Director shall *034N haVe general supervision over and be responsible for the management and operationof al.1. 'Trust properties, activities, and facilities. The Executive Director shall execute all Contracts in behalf of the 'trust after approval by the Boatel. The Executive Director shall attend all Meetings of the Truni i shall furni.slt the Trust a quat:tetr.ly report with respect to the management, operation, and maintenance of the park, and the financial condition or the Trost, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the Park and to said Trust .as may be required by the Trust or the City. to the event that the Executive Director shall for any reason ,he temporarily incapable of exercising the powers and Performing :the duties and functions of his office, the City 'Commission mry appoint an Acting Executive Director to exercise such poWer.s and to perform such functions and duties until such incapacity of the Executive Director shall he terminated, Sec. 6. Employment of assistants. Subject to the policy directives of the Trust and budget limitations, the Executive Director shall employ such assistants as are necessary to provide for the efficient operation of the Trust. Sec. 7. Encouragement of private enterprise. The Trust shall, to the greatest extent it determines to be feasible, implement the exercise" of its powers in —a manner. .which uti.liaes and encourages the fullest and most active participation and cooperation of private enterprise. Sec. 8. Counsel. The City Attorney's Office shall providelegal services to the Trust as may be necessary and requested by the Trust. Sec. 9. Approval of budget. 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 City Manager, and no later than the firSt.day of Apri1'next preceding each fiscal year a Trust budget request pertaining to management.; operation, 'maintenance and capital expenditures and delineating the financial responsibility of the City for certain categories including but not limited to; insurance, security,utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the Trust from submitting a supplemental budget to the Commission for approval. No expenditure shall be made.in any •given year without approval by the City Commission of the Trust budget for that year. 16 conjunction with the submission of the budget, the Trust shall submit a Master. Plan showing the proposed operations, activities, improvements, and maintenance plank for the forthcoming .fiscal year, The City Commission may review and deny any item .contained in the Master Plan within thirty (30) days from date of its submission by the. Trust. Sec, 10. Annual report and audit:, The Pt°ust shall eubrit to the City Commission an arihua.l report and an annual audit, the at.ad•i t Shal.l be performed by an external, auditor who is a certified public accountant, Additionally, the City shall have the right' to audit any books, accounts expenditures, recei,vablEs'.; and contracts of the Trust at any time, Sec, 11. Contributions, It is the intention of the City Commission that the Trust actively solicit contributions and financial support• from private business interests and any other governmental authorities. Sec. 12. Reservation of Park Use gayf.ront Park shall be reserved for community use fifty percent of, the days of each fiscal year. An additional thirty (30) days each year is reserved for use by the City, subject to thirty days notice by the City Manager to the Trust, unless the Trust has existing commitments for scheduled events on the requested day(s). Sec. 13. 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 Bayiront Park." Section 2. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall. became and be made a part of the Code of the City of Miami, Florida. The sections of thisordinance may be renumbered or relettered to accomplish such i,ntentic5n, and the Word "ordinance" may be changed to "section", "article", or other appropriate word. . 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, All ordinances or parts of,ordinances insofar as they are inconsistent :or in conflict with the provisions of this. ordinance .are hereby repealed. ju1y PASSED ON FIRST R ADLNO HY TITLE ONLY this •,9tli tley of 1987, PASSED AND ADOPTED ON SECOND AND FINAL READINC'8Y TITLE ONLY this 19th day of ATTE'' MA.tTY HIRAI City Clerk November PREPARED AND APPROVED 8Y: ' G. MTRIAM.MAER Assistant City Att'Orney APPRO 40 1987. /XAVIER L. SUARE MAYOR TO FORM AND CORRECTNESS: CIA A. OUGHERTX ity Attorney GMM/rc1/M202' 1.0348 MIAMI REVIEW published Daily except Gal urrlay, San lay 9:r1 hognl Holiday, Miami Dade County, Flnrkla STAYS DP FLORIDA COUNTY OF DADE: Before the undersigned authority personally -appeared . Sookia Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review, a.dally lekcept Saturday; .Sunday and Legal Holidays) newspaper, published at Miami In bade County, Florida; thal the attached copy of advertisement, being a Legal Advertisement of Notice In the dlatler.ot CITY OF MIAMI: LEGAL NOTICE ORDINANCE NO, 10348 inlha.:.X X X was published in said newspaper In the issues of Dec. 2, 1987 Cowl, Milan, further says that the said Mani Review is a newspaper published 'et Miami In said Dada County, Florida, and that The said newspaper has'helolofore been continuously published In said Dade County, Florida, .each 'day (ekcepl Saturday, Sunday and Legal Holidays) and has been' entered es second class mall matter al the post office in Miami In said Dade County, Florida, fora period of one year newt preceding the first e • Ilcallon at the attached copy of adverNsemenh and alllenl, 111 • r says OM she has neither paid nor promised any parso , ilr or corporation any discount, rebate, commission or re nil or Iho purpose of securing this advertisement for pub' l • atb In the said newspaper. 6� • ' Sw• ore f aril,.suhscribod before me this , z ITz ,day 4f I0148}. ••,� v . , A,D,19 87 ( C�Geryl H. Marmot Nr wary pu l Slate of Florida at Wee Mg My Coritjr) tlterc6>'•p([.r�s(Yf V, 1988, MR 114 /y/III'+tNIt,010 ditty kW MIAMI, P O PbA (� LOOM NOlb ,. I All Inlortisthd horeone Will 1601 hnt(ea that oh Iha 19(h day of NoYetiber: 1987 the Olty Conn: mlfi'Sl4n r t MIRryl, FICrt,rla adb010,t1 the ''folJow,no ordlnarit 5 ORDINANCE ND, 10340 AN EMERGENCY ORDINANCE ESTA(3LISHINO A NFVJ SPUTA ( I.REVENUE FUND ENTITLED. ;MIAMI COMPREHENSIVE NEIGH :(30RHOOD PLAN. F't•..'87'88, APPROPRIATING FUNDS FOIi -ITS OPERATION IN 1`Hi AMOUNT` OF 6216,437 COMPOSFD'04 $218,427 FROM THE FLORIbA !DEPART'MENT OF COMMUNITY :AFFAIRS AUTHORIZING THE 'CITY MANAGER TO ACCEPT THE GRANTAWARD PROM THE FLORIbA bEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE OITY MANA• GER TO ENTER INTO AND EXE• CUTE THE NECESSARY CON, TRACTS) ANDIOR AGREEMENT($) FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEA• LER PROVISION AND A SEVERA• BILITY CLAUSE. ORDINANCE N0. 10341, AN EMERGENCY 'ORDINANCE: AMENDING SECTIONS 1 AND 3 OP ORDINANCE N0,10327, Ab0PTE0 OCTOBER 22, 1887, WHICH FORMALIZED PREVIOUS CITY COMMISSION ACTIONS DURING WHICH 1'HE'FISCAL YEAR ENDING SEPTEMBER 30; 1987 IMPLEMENTED. BUOG6'r. ARV. ADJUSTMENTS (N THE ANNUAL APPROPRIATIONS OR. .OINANCE (N0.10160) FOR SAID FISCAL YEAR TO COMPLY WITH GENERALLY ACCEPTED AC. COUNTING PRINCIPLES AND PROVIDING BY SUCH AMEND. MENT A CORRECT STATEMENT OF THE ORIGINAL COMPOST, TION :OF,THE' INTEREST EARN. INGS BEING TRANSFERRED TO THE GENERAL FUND AS CON.• TAINEO IN SECTION 3 OF ORM. NANCE NO.10327 AND FURTHER, PROVIDING FOR CORRECT; PLACEMENTOF PROVISIONS AND COMPUTATIONS WHICH' WERE EITHER OMITTED OR APPEARED IN IMPROPER SEQUENCE .IN SAID ORDINANCE, NO, 10327; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE,. ORDINANCE NO.10342 • AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED VISIONS 2000 COM- MITTEE APPROPRIATING FUNDS FOR ITS OPERATION IN ,THE AMOUNT OF $g1,407 CONSISTING OF $41,407 FROM THE FLORIDA DEPARTMENT OF STATEr RATIFYING APPROVING; AND CONFIRMING THE ACTION OF THE CITY MANAGER. IN EXE. OUTING THE NECESSARY AGREEMENT AND DOCUMENTS ACCEPTING THE GRANT; -INCREASING THE SIZE OF THE `VISIONS 2000 COMM ITTEE FROM TEN TO A MAXIMUM OF TWENTY FIVE MEMBERS; AND CONTAIN. ING A REPEALER PROVISION AND SEVEF(ABILITY CLAUSE. • ;ORDINANCE NO. 10343 AN ORDINANCE AMENDING SECTION 38.49 QF THE OODE OF THE CITY OP MIAMI, FLORIDA, AS AMENDED,' pv ALLOWING THE SALE AND CONSUMPTION' OF ALCOHOLIC BEVERAGES IN RESTAURANT FACILITIES, AT BIOENTENNIA(. AND BAYFRONT •BARKS, AND,SY ALLOWING SUCH SALES AND CONSUMP•. TION IN AN ADDITIONAL FRS. TAURANT FAQIl_ITY .AT: FORT PALLAS PARK; CONTAINING A. ,REPEALER PROVISION AND, A. SEVERAp1LITY CI AV$E,. ORDINANCE NO, 10344 AN.O1D)NANOE AMSNPING SECTION 63.161 OF THE CODE OF THE CITY OF MIAMI..FLoRI• [?A, AS AMSNDED, BY APOING' •THS RAT SI FOR nig NSW L X111p1fi HA4! AT TME.'MIAMI CO YENTIDN CSNT:ER' TO THE SAT45 BCHSPSLS FOR THE USE AN0 OOC(IPANCY OF AND TM€ SE VIDEFf:.Uf#N.(S 170, 0, AaOTQ PIJ4t4(OHEU 1'N CONNEW11,1v WJTH;'FHE MIAMI OONVEN1;10N i EN,tEI4; c'DNTAINING A, REPEALER PROVISION, SEV•; E'RABILITY.CLAUSE AND! PROVIDING FOR AN E146Cr1VEI DATE. ORDINANCE NO. 10345 AN ORDINANCE AMENDING! SECTION i OF 040614N0E NO.! 2590, ADOPTED APRIL 6; I983,1 THE SOUTHEAST OVERTOWN4 PARK.WEST RE0EVEL'OPM5N1 TrtUST F(1ND OROINANCB, WH8RE9Y THE CUANTITY, TYPED AND TIMING4b6 PAYMENTS ARE, MODIFIED TO CONFORM'WITHi REVISIONS IN FLORIDA STATE; LAW; CONTAINING A REPEALER; PROVISION AND A SEVSRABIL' ItY CLA06E. ORDINANCE: NO, ,10346. AN ORDINANCE AMENDING, ORDINANCE N0, 10.(87 ADOPTED' DECEMBE'R 11, 1988, AS' AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIA• t'IONS ORDINANCE, BYSTABL1, SWING THE PROJECT ENTITLED. "MANUEL ARTIME RENOVATION" PROJECT NO, 333083, IN ANI AMOUNT OF 5300,000 FROM THE, STATE OF FLORIDA, VIA SEC. 'TION 1, SPECIFIC APPROPRIA- 't10N 1601A, SENATE BILL 1325; CONTAINING A REPEALER PRO. ;VISION AND A.SEVERABILITY {CLAUSE. ORDINANCE N0, 10347 I AN ORDINANCE ESTABLISHING I APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENTS; CON, TINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVE. MENTPROJECTS, AND ESTABLI•, SHING NEW CAPITAL IMPROVE. MENT PROJECTS TO BEGIN DURING FISCAL YEAR .1987.88; CONTAINING A REPEALER PRO. VISION AND A SEVERABILITY OLAUSE ORDINANCE NO, 10348 AN ORDINANCE .OFTHE'CITY OF MIAMI COMMISSION CREATING AND ESTABLISHING THE BAYFRONT PARK MANAGEMENT :TRUST; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR QUALIFICATIONS OF MEM- BERS; PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR THE ORGAN,. 'ZATION OF THE TRUST; PROVID• ING' FOR THE "POWERS, PUR- POSES AND DUTIES OF:THE TRUST; PROVIDING FOR' THE. APPOINTMENT TERM, QUALIFICA.. TIONS, GENERAL POWERS AND• RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR; PROVID. ' ING FOR RECEIPT OF PRIVATE CONTRIBUTIONS; AND PROVID• ING` FOR SEVERABILITY, INCLU• SION IN THE CODE AND AN EFFECTIVE DATE, ORDINANCE NO.•10349 AN EMERGENCY ORDINANCE ESTABLISHING'A NEW SPECIAL. REVENUE FUND ENTITLED;, "EMERGENCY SHELTER GRANT (FY'88)", APPROPRIATING FUNDS FOR OPERATION OF ,SAME THE AMOUNT OF $203,600 FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U8HUD), ORDINANCE NO,10350 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BAYFRONT .LIGHT TOWER. MAINTENANCETRUST" .AND APPROPRIATING 'FUNDS FOR IT& OPERATION IN'THE AMOUNT OF;$50,000 FROM ROUSE•MIAMI, IN0a:; CONTAINING A REPEALER. PROVISION AND SEVERABILITY CLAUSE • • S'ald`ardinancea may 0a Inspected by the p(abtlp ai Iha 01110e. ( (h6 QJI/(QiarR 3600 Pan Ameripan Drlye,.Mlami FIGc.tla; Monday thrpug11 F:r(day, elcgludinp. holidays between Iha hours. al; 6:00,A,M acid S:ooP,M ' MATTYHIRAI:. CITY CLERK (44947) OITY OF :MIAMI FLORI/A 1212 67,T2p27AM MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Mieml Review, a daily (except Saturday, Sunday end Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE RE STREETS AND SIDEWALKS Inthe ...... ,X. ....... ............... .... . Court, was published In said newspaper In the Issues of July 28, 1987 Afllant lurther says that the sold Miami ttevIew Is a newspaper published at Miami In said Dade County, Florida, and thal the said newspaper has heretofore been continuously published In Bald Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall mailer at the post office In Mimi In said Dade County Florida, for a period of one year next preceding the Bret publication of the attached copy of advertisement; and afflant urther says that she has neither paid nor promised any pars Irm or corporation any discount, rebate, commission. or r 1U- tor the purpose o1 securing this advertisement for pub o Ion In the said newspaper,: Swotq,+blk5ld'kiriiterlgatl belore me This — 28th.. day 01 Jtl1y ' ' A D. 19 . 8.7 Notary' publio, Slate of Florida at Large /a My Commisslon ItCFplre's. Apra i&i iega:' MR 114 C)F pl.';)`;.�,•;: WY OF MIAMI, FLORIDA • NOTICE OF PROPOSED ORDINANCE Notice Is hereby given that the City Cornmisslolt of the City of Miami, Florida, will consider the following ordinances on secohd and final reading on September 8, 1987;°commonoing at 9:00 A.M. In the Clty.Commisslon Chambers, 3500 pan American Drive, Miami, Florida: ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 54 OF'THE CODE . . OF THE CITY OF MIAMI, FLORIDA, AS, AMENDED, ENTI- TLED "STREETS,AND-SIDEWALKS", ,BY AMENDING SEC- TION 54104 ENTITLED "NONSTANDARD STREET WIDTHS", MODIFYING THE WIDTH OF N,W; 1 AVENUE BETWEEN N.W. 1 STREET AND N.W. 8 STREET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI; FLORIDA, AS AMENDED, BY ADDING A NEW SEC- TION 54.49, THEREBY ESTABLISHING A "LATE FEE SCHED- ' ULE',` FOR APPLICATION BY THE CITY TO UTILITY COMPA•, NIES WHOSE DELAY IN COMPLETING MODIFICATIONS TO THEIS FACILITIES ADVERSELY AFFECT THE,CITY'S HIGH-. WAY CONTRACTORS; PROVIDING FOR THE COLLECTION' • OF SUCH LATE FEE TO COMMENCE ON THE.DATE THE CITY ISSUES A "NOTICE TO PROCEED" TO ITS CONTRAC• . TOR; CONTAINING A REPEALER PROVISION AND'A SEVER- . ABILITY CLAUSE.' ORDINANCE NO. AN ORDINANCE OF THE CITY OF•MIAMI COMMISSION AGEMENTAND ESTABLISHING THE BAYFRONT,ARK MAN-- CREAING T TRUST;, R VIDING FOR A GOVERNING BODY PROVIDING FOR QUALIFICATIONS OF MEMBERS;•PROVID. , NG FOR THE- APPOINTMENT OF MEMB RS PROVIDING.. FORTHE ORGANIZATION OF THETRUST;' PROVIDING FOR ' THE. POWERS, I?URPOSES AND DUTIES•OF THE ;TRUST;• PRO' TIONS, GENERAL POW RS AND RESPONSIBILIDING FOR THE APOINTMENT, TERM,'TIES OF,THE EXECUTIVE DIRECTOR; PROVIDING FOR RECEIPT OF PRI• ' 'VATS CONTRIBUTIONS; AND PROVIDING FOR SEVERABIL1 TY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE., Sold proposed ordinances may be Inspected by the public et the Office of the City Clerk, 3500 Pan American Drive, warn', Florida, Monday through, Friday; excluding holidays, between'the hours of 8:00 A.M. and 5:00 P.M. . . All interealed'paraons may appear'at the meeting and be heard .. i with respect Id the proposed ordinances. - Should'any person desire to appeal any decision of the City Corn•' mission with respect to any'matter to be,considored'at this meeting, that person shall' ensure that a verbatim record of the proceedings Is made Including ell testimony and evidence upon 'which any appeal may be based. MATTY HIRAI ' .CITY CLERK ,: CITY OF MIAMI, FLORIDA 7128' • 87.072808M• gel MIAMI REVIEW Pubn,shed Daily except Saturday, Sunday and Legal Hohdays Miami, Dade County, Florida. STATE OP FLORIDA COUNTY OF DADE: Before the undersigned authority petsonally appeared Sodkte Witilams, who on oath says that she is the Vine Presldent of Legal Advertising of the Miami Realew, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In .Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of 'CITY OP M1AD'1I NOTICE OF PROPOSED ORDINANCE, RE: ESTABLISHING THE BAYI RONT PARK MANAGEMENT TRUST In the XXX..... ... .......... .. .... Court, was published In said newspaper In the issues of Aug. 28, 1987 'Milani further says That the said Miami Review Is a newspaper published al Miami In said Dade. County, Florida, and that the said newspaper has heretofore been continuously published In Bald Dade Caunly, Florida, each day laxeept Saturday, Sunday and Legal Holidays) and has bean entered as. second class moil mallet al the post office in Mlamr in said Dada County, Florida, for a period df one year next preceding the first •ublloallon al the attached copy of advertissment; and Milan . her sayscthcorporation she has'neither t, nor promised any oars m or corporation any curing this rebate,vertise commission lar or r- tar Ins purpose ol. securing Ihls advertisement for •, pub) on in the said newspaper.. F ��I q (SEAL) e My Conals'expsireA I I tatted before ma This A.D. 19.. 81 of AgA.eyre ee! Largo CITY Or MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCE 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 September 8, 1987, commencing al 9100 A.M. In the Clly Commission Chambers, 3500 Pan American Drive, Miami, Florida; ORDINANCE NO.' AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTI- TLED "STREETS AND SIDEWALKS", BY AMENDING SEC - ET WIDTHS" MODIFYING THE WIDTH OF N W'1 AVENUE BETWEEN W W, 1 STREET AND N.W. 8 STREET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. . ORDINANCE NO. • AN ORDINANCE OF THE CITY OF, MIAMI COMMISSION CREATING AND ESTABLISHING THE :BAYFRONT PARKMANAEMENT TRUST; PROVIOING FOR 'A GOVERNING ' ;, BODY; PROVIDING FOR O ALIFICATIONS OF MEMBERS;. ' PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE TRUST; PROVID• • ING FOR THE POWERS, PURPOSES AND DUTIES OF THE TRUST; PRODING TERM, DUAL'. F C7AONS GEN RAOL R POWERS ANDTHEMENTRESPONSIBILITIES OF THE EXECUTIVE DIRECTOR; PROVIDING FOR RECEIPT OF'PRIVATE CONTRIBUTIONS; AND PROVIDING FOR SEV- • • ERABILITY, INCLUSION IN THE. CODE AND AN EFFECTIVE DATE, ' • ORDINANCE NO. • AN ORDINANCE AMENDING SECTION 30.28 OF THE CODE , OF THE CITY OF MIAMI,. FLORIDA, AS AMENDED; ENTI• • TLED; "FEE SCHEDULE", FOR THE PURPOSE OF GENER- ALLY INCREASING THE FEES CHARGED FOR USE,OF CITY DAY CARE FACILITIES; CONTAINING A REPEALER PROVI• ' • SION AND A SEVERABILITY CLAUSE. ' 'ORDINANCE NO. AN ORDINANCE AMENDING'SECTION 35.92OF•THE CODE -OF 1-HE OF MIAMI, FLORIDA, 'AS•AMENDEDBY , E TABLSH1 NTY G A NEW MONTHLYRATE AT MUNICIPAL ' PARKING GARAGE NO, 5; FURTHER PROVIDING AN EFFEC- TIVE R THE HEEIN RATE . NCREASES;.RAOTIF ING AND CONFIRMING,ALL ACTS OF • THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS'. • TO RATES' HERETOFORE CHARGED; CONTAINING A, REPEALER PROVISION AND A SEVERABILITY CLAUSE, ' Sald proposed ordlnancee.may be Inspected by the public at the. Office of the City.Cierk, 3500 Pan Ampricen Drive,; Miami Florida,., Monday through Friday; excluding holidays; between the hours sof . 8;00 A,M. and 5:00 P.M. All Interested. persons may.appear at the meeting and be heard WIth respect to the proposed ordinances, •. Should any person desire to appeal any deolslori o1 the City„Oom• . • mission With respect to any Matter to be oonslderedat thls meeting,. • that person shall ensure that a verbatim record of the proceedings Is fim made Including 'ell tesonyand evidence upon Which any appeal 8/28 MATTY HIRAI' MIAMI LOGO, CITY CLERK . • . • (649001(R) r • CITY OF MIAMI, FLORIDDA-08283AM MR 114