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Ordinance
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Miami, FL 33133
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File Number: 15-01260 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS
AND RECREATION" MORE PARTICULARLY BY ADDING A NEW ARTICLE VII
ENTITLED "MUSEUM PARK CONSERVANCY", PROVIDING FOR POWERS,
DUTIES, AND SCOPE OF A CONSERVANCY FOR MUSEUM PARK; CONTAINING
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the City of Miami ("City")is the owner of that certain 22.5 acre waterfront parcel of
land located at approximately 1095 Biscayne Boulevard, Miami, Florida, formerly known as
"Bicentennial Park" and now commonly referred to as "Museum Park;" and
WHEREAS, Museum Park is an asset with the potential to be transformed into an active, premier
destination park, free and open to the public; and
WHEREAS, the City held a "Bicentennial Park Charrette" and numerous public meetings
regarding the future of Bicentennial Park; and
WHEREAS, the City Commission created the advisory Bicentennial Park/Waterfront Renewal
Committee, which in conjunction with the City's Planning Department, hired the urban design firm
Dover, Kohl & Partners ("Dover Kohl") to develop three (3) options for Museum Park based on public
input; and
WHEREAS, on February 10, 2001, Dover Kohl led a day long charrette/public design workshop
attended by more than 350 people which identified the "cultural park with two (2) museums" as the
preferred development alternative for the park; and
WHEREAS, in preparation of the park's redevelopment as Museum Park, the City Commission in
October 2001 proposed a Citywide referendum for the $255 million Homeland Defense/Neighborhood
Improvement Bond issue ("Bond Referendum"), which specifically included ten million dollars
($10,000,000.00) for infrastructure improvements to the park and $3.5 million for the Miami Science
Museum and Miami Art Museum as a challenge grant for planning and pre -development costs; and
WHEREAS, following the City voters approval of the Bond Referendum on November 13, 2001,
the City Commission adopted a Resolution on July 25, 2002, designating the City Commission's
choice of the "Cultural Park" option, also known as Museum Park Miami, as the official design
development option for the park; and
WHEREAS, a design team led by Cooper, Robertson & Partners ("Cooper Robertson") was
chosen to design the park and to site and prepare planning guidelines for the two (2) museums; and
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WHEREAS, following numerous public hearings and revisions to the Cooper Robertson proposed
Museum Park design, the City Commission unanimously approved the Cooper Robertson design
("Cooper Robertson Plan") on March 13, 2008; and
WHEREAS, since the Cooper Robertson Plan's adoption, while the Perez Art Museum Miami,
f/k/a Miami Art Museum, has been completed and construction of the Frost Science Museum, f/k/a the
Miami Science Museum is substantially underway, the park components of the Cooper Robertson
Plan ("Park Components") have not been significantly advanced; and
WHEREAS, the ability to fund the capital costs and long-term operating expenses of the Park
Components creates unique challenges to the resources of the City; and
WHEREAS, the City desires that the design, construction, management programming and
third -party fundraising for Park Components of Museum Park be handled by an independent
not -for -profit corporation to secure the benefit of the signatory park for present and future generations
of Miami residents and visitors; and
WHEREAS, the City desires to obtain the benefit of professional management services from an
independent not -for -profit corporation in connection with the design, construction, management,
programming and fundraising for Museum Park;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. Chapter 38 of the Code of the City of Miami, Florida, as amended ("City Code"), is
amended in the following particulars:{1}
"CHAPTER 38
PARKS AND RECREATION
ARTICLE VII. - MUSEUM PARK CONSERVANCY
Sec. 38-248. - Museum Park Conservancy; authorization to enter into a management agreement.
The City of Miami may, pursuant to Section 255.60(2)(b), Florida Statutes, as amended, contract with
a 501(c)(3) not -for -profit corporation for the maintenance, preservation, and improvement of Museum
Park. The terms of any operational or management agreement concerning Museum Park shall be in
accordance with the provisions of this Article. Nothing in this Section shall be construed so as to
prohibit contractual terms in such a management agreement not in conflict with this Chapter.
Sec. 38-249.- Purpose, scope, and definitions.
(a) The Conservancy shall direct, operate, manage and maintain all aspects of the City -owned
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property known as Museum Park ("Park"), for the purposes of ensuring maximum community
utilization and enjoyment, fundraising for its operations and capital needs, and promoting Museum
Park as a signature civic and cultural space.
(b) For the purposes of this Article, the following terms are defined as follows:
City shall mean the City of Miami, Florida.
Conservancy shall mean the 501(c)(3) not -for -profit corporation that has entered into a contract with
the City for the operation and management of Museum Park in accordance with the requirements of
this Article.
Park shall mean: Tract "A" of Museum Park, according to the plat thereof, as recorded in Plat Book
169, Page 27 of the Public Records of Miami -Dade County, Florida, and any and all real property,
infrastructure, public rights of way and submerged lands that abuts such property in which the
Conservancy may in the future obtain control or operational authority.
Sec. 38-250. - Duties of the conservancy.
(a) The Conservancy shall do all things necessary to direct, manage and maintain Museum Park, its
grounds and improvements thereon. Any contract with a Conservancy for the operation and
management of the Park shall include at a minimum the following obligations or responsibilities on the
part of the Conservancy:
(1) Plan, design, and construct additional improvements to the Park, its adjacent submerged
lands, or any landscaping within the Park consistent with the existing or amended master plan for
the same as approved by the City Commission.
(2) Plan, conduct, coordinate, and promote educational or cultural events or programs within the
Park.
(3) Establish additional reasonable use rules and regulations for the Park or any portion thereof.
(4) Establish such usage fees for private events within the Park and to reasonably condition or
deny the permitting of the same, provided that nothing in this Article shall be construed as
requiring the Conservancy to allow such events.
Sec. 38-251 - Waiver of fees.
Notwithstanding any provision in the City Code to the contrary, the Conservancy shall be exempt from
all fees proscribed by Chapter 62 of the City Code and, with the exception of those fees required by
the State of Florida or Miami -Dade County, and Chapter 10 of the City Code.
Sec. 38-252. - Encouragement of private enterprise.
The Conservancy shall, to the greatest extent it determines to be feasible, encourage the fullest and
most active participation and cooperation of private enterprise, particularly private fundraising efforts
to defray the cost associated with operation of the Park and the Conservancy, as well the
development of the improvements to the Park identified in the Cooper Robertson Plan, as the same
may be amended from time -to -time.
Sec. 38-253. - Charge for use.
The Conservancy shall adopt a schedule of use fees to be assessed for all manner and type of
private events or activities that may be held in the Park. Revenues from fees shall be allocated to
defray operational costs of the Park. The schedule of use fees shall be predicated on fair market
value of the Park for such use and shall be reviewed annually by the Executive Director of the
Conservancy.
Sec. 38-254. - Naming rights.
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Notwithstanding Section 38-67 of the City Code, as amended, the Conservancy may enter into
agreements regarding naming rights for the Park, any portion of the Park, or any improvements
thereon, provided that the granting of naming rights to any portion or all of the property results in a
fair market return to the Conservancy. The Conservancy shall not enter into any such naming rights
agreement granting naming rights to improvements within the Park for which prior agreements thereto
exist.
Sec. 38-255. - Annual report and audit.
The Executive Director shall submit to the Conservancy Board an annual report and an annual audit.
The audit shall be performed by an external auditor who is a certified public accountant. Copies of
said annual report and audit shall be provided to the City Commission.
Sec. 38-256. - Contributions.
It is the intention of the City Commission that the Conservancy actively solicits contributions and
financial support from private business interests and any other governmental authorities. All
contributions received by the Conservancy from both public and private sources shall be used to
defray the costs associated with: (i) the operations of the Conservancy; (ii) the operations of the Park;
and (iii) the construction and maintenance of capital improvements within the Park.
Sec. 38-257. - Authorization of the Museum Park Conservancy 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 Conservancy, or its Executive
Director, on such special occasions and for such special events, performances or programs as
deemed appropriate by the Conservancy board, may permit, upon execution of an application/permit
form and upon payment in full of the permit fee to be set by the Conservancy, the sale or dispensing
of alcoholic beverages, including beer and wine, in soft containers in 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.
Sec. 38-260. - Criteria for denial of permits for use of Museum Park and its facilities.
To the extent permitted by law, the Conservancy 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 Conservancy may also deny a permit on any of the following grounds:
(a)The application for permit (including any required attachments and submissions) is not fully
completed and executed;
(b)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;
(c)The application contains a material falsehood or misrepresentation;
(d)The applicant is legally incompetent to contract or to sue and be sued;
(e)The applicant or the person on whose behalf the application was made has on prior occasions
damaged conservancy property and has not paid in full for such damage, or has other outstanding
and unpaid debts to the conservancy;
(f)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
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reasonably permit multiple occupancy of the park or part hereof;
(g)The use or activity intended by the applicant would conflict with previously planned programs
organized and conducted by the conservancy or the City and, previously scheduled for the same time
and place;
(h)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;
(i)The use or activity intended by the applicant would present an unreasonable danger to the health
or safety of the applicant, other users of the Park, Conservancy employees, or the public;
(j)The applicant has not complied or cannot comply with applicable licensure requirements,
ordinances or regulations of the Conservancy and or other applicable governmental entity concerning
the sale or offering for sale of any goods or services; or
(k)The use or activity intended by the applicant is prohibited by law, by the City Charter, this Code,
the zoning code or ordinances of the City, by the regulations or bylaws promulgated by the
Conservancy, or the operating agreement between the Conservancy and the City.
Sec. 38-261. - Abolition of Conservancy.
The City Commission, by a unanimous vote and pursuant to the terms contained in the management
agreement, may abolish the Conservancy, at which time the powers and duties of the Conservancy
shall revert to the City and the City shall resume responsibility for the maintenance, operation and
management of the Park, provided that any funds already allocated to the park by the City or any
other governmental entity, including funds raised by the Conservancy from private sources, shall be
expended exclusively within the Park.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are not in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
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