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HomeMy WebLinkAboutO-13810City of Miami Ordinance 13810 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4894 Final Action Date: 11/15/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE III/SECTION 38-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/BAYFRONT PARK MANAGEMENT TRUST/RESERVATION OF PARK USE," INCREASING THE RESERVATION OF FREE ACCESS PARK USE BY THE GENERAL PUBLIC TO EIGHTY-FIVE PERCENT (85%), REMOVING THE RESERVATION OF EXCLUSIVE USE BY THE BAYFRONT PARK TRUST; AND EXCLUDING SPECIAL PURPOSE FACILITIES, SUCH AS THE AMPHITHEATER AND VESSEL DOCKS, AND CONTRACTS ENTERED INTO PRIOR TO THE EFFECTIVE DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Bayfront Park ("Park") is a showcase municipal park centrally located in Downtown Miami; and WHEREAS, the Park is managed by the Bayfront Park Management Trust ("Trust"), created for the purpose of ensuring maximum community utilization and enjoyment; and WHEREAS, in the past decade more residents have moved into Downtown Miami and they are desirous of increasing the community use of Bayfront Park; and WHEREAS, it is in the interests of the public health, safety, recreation, and general welfare to make Bayfront Park available to the community for most days of the fiscal year as specified in this ordinance amendment; and 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 13 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:1 "CHAPTER 38 PARKS AND RECREATION 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 Page 1 of 2 File ID: 4894 (Revision: B) Printed On: 4/4/2025 File ID: 4894 Enactment Number: 13810 ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST * * * * Sec. 38-113. Reservation of park use. Bayfront Park shall be reserved for community use 50 percent eighty-five percent (85%) of the days of each fiscal year for free access and use by the general public. A+4 existing commitments for scheduled events on the requested day(s). The trust shall be 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 vi section 501 (c)(3) of th�Tte�-nnai Reyen e Code as amended ac being organized and operated exclusively for charitable, scientific, testing for public safety, literary or education uses, or to foster national or international amateur sports competition or for the prevention of cr uelty to children or animals This reservation of park use applies to Bayfront Park but not to any special purpose facility within it such as the amphitheater or vessel docks. This increase in reservation of park use shall not impair previously executed contracts. This reservation of park use may be reduced or waived by the City Commission for temporary events or for specific events when the City Commission determines such reduction or waiver is in the City's best interests. *„ 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. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 1/24/2019 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 Page 2 of 2 File ID: 4894 (Revision: B) Printed on: 4/4/2025