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,
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(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
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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.
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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)
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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.
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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