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Miami, FL 33133
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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.
SPONSOR(S): Commissioner Ken Russell
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Trust and provisions concerning the Trust should be repealed from the City Code; and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
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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:
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 Management Trust
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:
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.
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(4) The following boards shall initially be reviewed in the following years and shall be
reviewed every four years thereafter:
a. 1995:
„fry -Park management trust.
2. Citywide community development advisory board.
3. Civil service board.
4. Code enforcement boards.
5. 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. Bayfront Park Management Tn ust created Reserved.
There is hereby created and established a limited agency and instrumentality of the city to
mean the Ba yfront Park Management Trust
Sec. 38 102. Purpose.
The trust shall direct, operate, manage and maintain all aspects of the city owned property
maximum community utilization and enjoyment. The trust shall endeavor to attract organized
activities and functions to the park consistent with this purpose.
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 busine-s 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 commi-lion on or about June 1 of
ach calendar y ar resulting in the selection of a new chairperson or the reappointment
of the existing chairperson to serve as the chairperson of the trust.
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year or until the nominating commissioner leaves office, whichever occurs first, except
any mcmbcr of thc trust shall serve only for the unexpired term.
{'I) 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,
ch mcmbcr of thc trust shall cntcr upon his duties but before doing so he shall take the
oath prescribed by section ill(e) and (f) of the city Charter.
{c) Organization; indemnification.
ch 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
hers of the trust.
{3) 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 thc laws relating to sovereign immunity.
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.
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 director shall receive such salary as shall be fixed by the trust,
and approved by thc city commi"lion. Thc 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
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the board. The executive director shall attend all meetings of the trust, shall furnish the trust a
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 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.
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 neccssary to provide for the efficient operation of the trust.
Sec. 3iQ7.€ co ragementof '',--p; iya-te eratease.
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
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
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.
Sec. 38 110. Charge for use of park equipment in Mildred and Claude Pepper Bayfront Park.
An equipment use charge is hereby asse-sed on all private promotcrs of cvcnts or activitics
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
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.
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audit. The audit shall be performed by an external auditor who is a certified public
accountant.
{b) Additionally, the city shall have t right to audit any honks accounts expenditi Tres
receivables and contracts of the to ist at any timo
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.
Sec. 38 113. Reservation of park use.
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
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
charitable, scientific, testing for public safety, literary or education esec, e efester
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
resvornr ility for -the, l a rtenanco operation and management of Ba yfront Park
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
cvcnts, performanccs or programs as dccmcd appropriatc 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) 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.
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 whosc bchalf 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 attachmcnts and submissions) is
not fully completed and executed;
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{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;
{'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 damage, or has
other outstanding and unpaid debts to the trust;
activities which do not reasonably permit multiple occupancy of the particular park or
part hereof;
programs organized and conducted by the trust and or the city and previously
scheduled for the same time and place;
and uses of the park or part thereof designated pursuant to this chapter;
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 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, ity Attor
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.
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