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File ID: #4221
Ordinance
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE BAYFRONT
PARK MANAGEMENT TRUST ("TRUST"), BY AMENDING CHAPTER 2/ARTICLE
XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(b) and 2-
892(4)(A)(1) TO DELETE THE TRUST FROM SAID BOARDS; FURTHER REPEALING
IN ITS ENTIRETY CHAPTER 38/ARTICLE III, ENTITLED "PARKS AND
RECREATION/BAYFRONT PARK MANAGEMENT TRUST"; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
City of Miami
Legislation
Ordinance
File Number: 4221
Final Action Date: 6/14/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE BAYFRONT
PARK MANAGEMENT TRUST ("TRUST"), BY AMENDING CHAPTER 2/ARTICLE
XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(b) and 2-
892(4)(A)(1) TO DELETE THE TRUST FROM SAID BOARDS; FURTHER REPEALING
IN ITS ENTIRETY CHAPTER 38/ARTICLE III, ENTITLED "PARKS AND
RECREATION/BAYFRONT PARK MANAGEMENT TRUST"; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Bayfront Park Management Trust ("Trust") was created and established as
a limited agency and instrumentality of the City of Miami ("City") to direct, operate and manage
all aspects of the City -owned property known as Bayfront Park ; and
WHEREAS, Chapter 38 of the Code of the City of Miami, Florida, as amended ("City
Code"), specifically Article III entitled "Bayfront Park Management Trust," sets forth the Trust's
purposes, composition, management, duties, audits, reports, budgets, executive staff, etc.; and
WHEREAS, pursuant to Resolution No. 94-204, adopted March 24, 1994, the Miami City
Commission conferred similar management duties over Museum Park (f/k/a Bicentennial Park)
to the Trust; and
WHEREAS, pursuant to Resolution No. 06-0686, adopted on December 14, 2006, the
City Commission conferred control over certain City -owned property known as the FEC Slip
adjacent to Museum Park to the Trust; and
WHEREAS, Section 38-114 of the City Code provides that, by an affirmative vote of
three (3) City Commissioners, the Trust may be abolished, at which time all powers and duties
of the Trust shall revert to the City and the City shall resume the maintenance, operation,and
management of Bayfront Park; and
WHEREAS, to most appropriately implement the abolition of the Trust, references ti the
Trust and provisions concerning the Trust should be repealed from the City Code; and
WHEREAS, by the provisions of Section 38-114 of the City Code and by operation of
law upon the abolition of the Trust all powers and duties of the Trust shall revert to the City and
the City shall resume the responsibility for the maintenance, operation and management of
Bayfront and Museum Parks, and the FEC Slip; and
WHEREAS, the City Commission wishes to abolish the Trust and has determined that it
is in the best interests of the City to do so;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended ("City
Code") is further amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
* * * *
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-887. - Quorum requirements; exceptions.
(a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all boards'
meetings, shall consist of fifty percent (50%) plus one of the board's total membership. The
decision of a majority of the board members present and voting at a meeting at which a
quorum is present shall be the decision of the board.
(b) The following boards are subject to quorum requirements as provided for elsewhere in this
Code.
Audit Advisory Committee
Bayfront Park IMAanagement Tn ict
Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's International Council
Miami Commission on the Status of Women
Miami Sports and Exhibition Authority
Parks and Recreation Advisory Board
Street Codesignation Review Committee
Urban Development Review Board
Sec. 2-892. - "Sunset" review of boards.
Commencing with the year 1995, each city board shall be reviewed in the following manner:
(4) The following boards shall initially be reviewed in the following years and shall be
reviewed every four years thereafter:
a. 1995:
1. Bayfront Park management trust.
2. Citywide community development advisory board.
3. Civil service board.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
Code enforcement boards.
Equal opportunity advisory board.
*„
Section 3. Chapter 38, Article III of the City Code is repealed in its entirety:1
"CHAPTER 38
PARKS AND RECREATION
*„
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-101 — 38-145. Ba„front Dark Management Trust created Reserved.
There is hereby created and established a limited agency and instrumentality of the city to
mean the Ba yfront Park Management Tn ict
Sec. 38 102. Purpose.
The trust shall direct, operate, manage and maintain all aspects of the city owned property
rnaximum community utilization and enjoyment. The trust shall endeavor to attract organized
activities and functions to the park consistent with thi ose.
Sec. 38 103. Governing body.
{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
ach calendar y ar resulting in thc 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
any mcmbcr of thc trust shall serve only for the unexpired term.
{1I) 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,
ach mcmbcr of thc trust shall cntcr upon his duties but bcforc doing so he shall take the
oath prescribed by section 41(e) and (f) of the city Charter.
{c) Organization; indemnification.
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
{1) Quorum and voting. At 'ill meetings of the to ict a mainrity of those present at
ch trustcc shall havc one votc on cvcry 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
{3)
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
rimers of the trust.
Protection from personal liability. The trust shall maintain officers and directors liability
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.
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The trust shall have the power to do all things necessary to direct, manage and maintain
obligations.
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,
cxccutivc dircctor. Thc cxccutivc dircctor shall rcccivc such salary as shall be fixed by the trust,
and approvcd by the city commi-pion. Thc executive director shall take an oath before entering
Subject to the policy directives of the trust, the executive director shall have general supervision
the board. The executive director shall attend all meetings of the trust, shall furnish the trust a
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required by the trust or the city. In the event that the executive director shall for any reason be
temporarily incapable of exercising the powers and performing the duties and functions of his
office, the city commi"Sion may appoint an acting executive director to cxcrcisc such powcrs
and to perform such functions and dutics until such incapacity of the executive director shall be
terminated.
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 nece-nary to provide for the efficient operation of the trust.
Sec. 38 107. Encouragement of private enterprise.
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
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 -mast active participation
and cooperation of private enterprise.
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.
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 „ear a to ist bi urge+ rogues+
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
(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
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.
partially defray operational -rests of the Mildred and Claude Pepper Fountain. The herein charge
part of an unapportioned park user fee. This equipment use charge shall not be applicable for
those events for which prior contractual relationships exist which have been approved by the
city manager, or his designee, or the Bayfront Park Management Trust executive director.
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 performcd by an external auditor who is a certified public
accountant.
(b) Additionally, the city shall have the right to audit any books, accounts, expenditures,
receivables and contracts of the trust at any time
Sec. 38 112. Contributions.
It is the intention of the city commi"lion that the trust actively solicit contributions and
financial support from private busine-c interests and any other governmental authorities.
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, unlcss thc trust has
existing commitmcnts for scheduled events on thc requested day(s). The trust shall be
empowered to waive thc Bayfront Park Amphith to rental fcc during portion(s) of such 30 day
period when the amphitheater user is a bona fide nonprofit group, pursuant to Florida -',General
Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501(c)(3) of
charitable, scientific, testing for public safety, literary or educational purposes, or to foster
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
national or international amateur sports competition, or for the prevention of cruelty to children
or animals
rn-arrtrrtarr.
Sec. 38 11/1. 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
or programs.
Management Trust, or its executive director, on such special occasions and for such special
c-✓entc, performanccs or programs as deemed appropriate by said trust, or its executive
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
Rayfront Dart
(b) There shall be no such permits issued in connection with a hard rock, rap, heavy metal, or
other musical �ev.�ent of the type which requires extraordinary security measures.
{c) Such salcs-erdicpeiag of alcoholic beverages incli uee-r and e— sub ect to
compliance with all applicable state and local laws, rules, regulations and with any special
conditions set forth on the application/permit form.
Sec. `Z8 11a. riteria fufordeniiai= rpermits oruse ofirRayfront ar s facilities..
To the extent permitted by law, the trust may deny a permit for the use of its facilities if the
applicant, or thc person on whose behalf the application is made, has on prior occasions made
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 thc 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;
{'I) 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 damagc, or has
other outstanding and unpaid debts to the trust;
an agrccmcnt has bccn or will be granted to a prior applicant authorizing uses or
activitics which do not r asonably 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 thc clarifications
and uscs of the park or part thcreof 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;
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025
{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 cervices- and
(11) The use or activity intended by the applica 4-iE prohibited by law, by the City Charter,
this Code, the zoning code and ordinances of the city, or by the regulations of the trust.
Secs. 38 117 38 1 /I 5. Reserved."
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tutor ey 6/1/2018
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.
City of Miami File ID: 4221 (Revision:) Printed On: 2/11/2025