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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #6588 Ordinance Sponsored by: Francis Suarez, Mayor, Ken Russell, Commissioner, Keon Hardemon, Commissioner MAY BE DEFERRED 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, "MAURICE A. FERRE PARK CONSERVANCY", PROVIDING FOR POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR THE MAURICE A. FERRE PARK FOR THE PRESERVATION, MAINTENANCE, AND IMPROVEMENT OF THE MAURICE A. FERRE PARK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 6588 (Revision:) Printed On: 5/13/2025 City of Miami Legislation Ordinance File Number: 6588 MAY BE DEFERRED Final Action Date: 1/14/2021 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, "MAURICE A. FERRE PARK CONSERVANCY", PROVIDING FOR POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR THE MAURICE A. FERRE PARK FOR THE PRESERVATION, MAINTENANCE, AND IMPROVEMENT OF THE MAURICE A. FERRE PARK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the owner of that certain 30+ acre waterfront parcel of land and improvements in Miami, Florida, formerly known as "Bicentennial Park" and "Museum Park," and recently renamed "Maurice A. Ferre Park," which land is more particularly described as follows: 1095 Biscayne Boulevard, Folio No. 01-4137-073-0010; 801 Biscayne Boulevard, Folio No. 01-0100-000-0120; 1101 Biscayne Boulevard, Folio No. 01-4137-073- 0025; 1103 Biscayne Boulevard, Folio No. 01-4137-073-0016; 1191 Biscayne Boulevard, Folio No. 01-4137-073-0015 ("Park"); and WHEREAS, the Park is an asset with the potential to be transformed into a premier destination park, free and open to the public; 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 $10 million 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 then known as Museum Park Miami, as the official design development option for the Park; and WHEREAS, the Perez Art Museum Miami, ("PAMM") and Frost Science Museum have been completed, and have executed long-term leases of Park property with the City dated December 11, 2008 (the leasehold area also includes Knight Plaza and the Museum Parking Garage), all of which are excluded from this legislation); and WHEREAS, the ability to fund the long-term operating expenses of the Park creates unique challenges to the resources of the City; and WHEREAS, the City desires third -party fundraising for the Park be executed 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 City of Miami File ID: 6588 (Revision:) Printed On: 5/13/2025 WHEREAS, the City desires to obtain the benefit of professional management services from an independent, not -for -profit corporation in connection with the design, development, management, programming, maintenance and fundraising for the Park ("Conservancy"); and WHEREAS, the City has established a Special Reserve Account (Acct. B-183510) to receive the $28,000,000.00 dollars from the OMNI Community Redevelopment Agency ("CRA") as stipulated in the Global Agreement to be used specifically for capital improvements in the Park; and WHEREAS, the Conservancy will ensure that the Park is held in trust for the education, pleasure and recreation of residents of Miami -Dade County and will foster public input for the purposes of visioning of design, development and programming; and WHEREAS, the Mayor of Miami shall be a voting member of the Board of Directors of the Conservancy; and WHEREAS, the City of Miami will continue to own the Park and all structures and appurtenances thereon, and further, the City and Conservancy acknowledge and agree that the City has not granted and will not grant the Conservancy any ownership or leasehold interest in the Park or its structures or appurtenances. 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 to this Ordinance are adopted and incorporated as if 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: "CHAPTER 38 PARKS AND RECREATION ARTICLE VII. MAURICE A. FERRE PARK CONSERVANCY Sec. 38-249. Maurice A. Ferre Park Conservancy. The City may, pursuant to Section 255.60(2)(b), Florida Statutes, as amended, or through other legal authority, contract with a 501(c)(3) not -for -profit corporation for the preservation, maintenance, and improvement of Maurice A. Ferre Park. The terms for any operational activities, future development, or entrance into a Management Agreement concerning Maurice A. Ferre Park shall be in accordance with this Article. Nothing in this Section shall be construed as to prohibit contractual terms in such a Management Agreement not in conflict with this Article. Notwithstanding anything contained within this Article or any management agreement, the Park shall be reserved ninety percent (90%) of the days of each fiscal year for access and use by the general public. Sec. 38-250. Scope and definitions. 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: 6588 (Revision:) Printed On: 5/13/2025 (a) The Conservancy shall have the exclusive authority to direct, operate, manage, maintain, program and develop all aspects of the City -owned property known as Maurice A. Ferre Park, exclusive of the Leasehold Area, for the purposes of ensuring maximum community utilization and enjoyment, fundraising for its operations and promoting the Park as a signature civic and cultural space. (b) For the sole purposes of this Article, definitions used shall be as follows: "City" shall mean the City of Miami, Florida municipal corporation. "Conservancy" shall mean the 501(c)(3) not -for -profit corporation that has entered into a Management Agreement with the City for the abovementioned purpose in accordance with the requirements of this Article. "Conservancy Board" shall mean the Board of Directors of the Conservancy, established and composed in accordance with the Conservancy's governing documents. "Leasehold Area" shall mean the approximate 8-acre site within the Park, comprising the Perez Art Museum Miami, the Frost Science Museum, Knight Plaza, and the Museum Parking Garage, which areas are governed by executed long-term leases with the City dated December 11, 2008, together with Museum Drive, all of which are specifically excluded from the Conservancy. "Management Agreement" shall mean that certain management and operating agreement to be entered into between the City and the 501(c)(3) entity, in accordance with this Article, for the preservation, maintenance, and improvement of the Park. "Park" shall mean Maurice A. Ferre Park, a waterfront parcel of land and improvements in Miami, Florida, formerly known as "Bicentennial Park" and "Museum Park", which land is more particularly described as follows: 1095 Biscayne Boulevard, Folio No. 01-4137-073-0010; 801 Biscayne Boulevard, Folio No. 01-0100-000-0120; 1101 Biscayne Boulevard, Folio No. 01- 4137-073-0025; 1103 Biscayne Boulevard, Folio No. 01-4137-073-0016; 1191 Biscayne Boulevard, Folio No. 01-413-073-0015, and any and all real property, infrastructure, public rights of way and submerged lands that abuts such property over which the Conservancy shall have control or have operational authority Sec. 38-251. Powers, purposes, and duties of the Conservancy. (a) The Conservancy shall have the exclusive authority to do all things necessary to direct, manage, and maintain the Park, its grounds and improvements thereon, including, among others, the ability to hire and terminate its own staff. Additionally, the Conservancy shall have the power to contract in its own name, without prior approval by the City Manager or City Commission, subject to this Article, other applicable law, existing obligations of the Conservancy or City, and budgetary restrictions. Additional powers of the Conservancy include, but are not limited to, the following: (1) The power to plan, design, and construct additional improvements to the Park, its adjacent city -owned submerged lands, or any landscaping within the Park, and the City hereby grants to the Conservancy proprietary authorization for such purposes, notwithstanding any other provision of the City Code. (2) The power to plan, conduct, coordinate, and promote educational or cultural events or programs within the Park. City of Miami File ID: 6588 (Revision:) Printed On: 5/13/2025 (3) The power to establish additional reasonable use rules for the Park or any portion thereof in addition to those rules contained in Chapter 38 of the City Code. (4) The power to establish usage fees for private events 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. Such power is subject to the requirement that the Park shall be reserved ninety percent (90%) of the days of each fiscal year for access and use by the general public. Sec. 38-252. Waiver of fees. Notwithstanding any provision in the City Code to the contrary, the Conservancy shall be exempt from all fees required by Chapter 62 of the City Code and, with the exception of those fees required by the State of Florida or Miami -Dade County, Chapter 10 of the City Code, upon written request to, and with the concurrence of, the City Manager. Sec. 38-253. Appointment, term, qualifications, compensation, general powers and responsibilities of the Executive Director of Conservancy. There shall be an Executive Director who shall be appointed by the Conservancy Board. Additionally, each successor Executive Director shall be similarly appointed and approved. The Executive Director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, provided that no Board Member shall be eligible for appointment as Executive Director. The Executive Director shall receive such salary as shall be fixed by the Conservancy Board. The executive director shall take an oath before entering upon any duties. The Executive Director shall act as the Chief Executive Officer of the Conservancy. Subject to the policy directives of the Conservancy, the Executive Director shall have general supervision over and be responsible for the management and operation of all Conservancy properties, activities, and facilities. The Executive Director shall execute all contracts on behalf of the Conservancy after approval by the Conservancy Board. The Executive Director shall attend all meetings of the Conservancy Board, shall furnish the Conservancy a quarterly report with respect to the management, operation, and maintenance of the Park, and the financial condition of the Conservancy, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the Park and to said Conservancy as may be required by the Conservancy Board. In the event that the Executive Director shall for any reason be temporarily incapable of performing the duties and functions of the Executive Director, the Conservancy Board may appoint an acting Executive Director to exercise such powers and to perform such functions and duties until such incapacity of the Executive Director is no more. Sec. 38-254. Employment. Subject to the policy directives of the Conservancy and budget limitations, the Executive Director shall employ such employees as are necessary to provide for the efficient operation of the Conservancy, the Park, its grounds, and improvements thereon. Said employees shall be employees of the Conservancy and shall be afforded no rights or benefits as a City employee. Sec. 38-255. Encouragement of private enterprise. The Conservancy shall, to the greatest extent it determines 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, charitable foundations, philanthropic donors, and sponsorships to defray the cost associated with operation of the Park and the Conservancy's responsibilities to the Park and improvements situated thereon. All private enterprise shall be in accordance with any requirements of public funds expended on the Park. City of Miami File ID: 6588 (Revision:) Printed On: 5/13/2025 Sec. 38-256. Charge for use. A use charge is hereby assessed on all private promoters of events or activities held in the Park. Revenues from such charge shall be allocated to defray operational costs of the Park. The charge for use of the Park or portion thereof by private event promoters shall be established by the Conservancy's Executive Director at fair market value and may be a separate charge or may be incorporated as part of an unapportioned user fee. This use charge shall not be applicable to those events for which prior contractual relationships exist. Sec. 38-257. Naming rights. Notwithstanding Section 38-67 of the City Code, as amended, the Conservancy shall have the power to enter into agreements regarding naming rights for portions of the Park, or any improvements thereon, provided that the granting of naming rights to any portion results in a fair market return to the Conservancy. This Section shall not be construed as granting the Conservancy the power to grant naming rights to improvements within the Park for which prior agreements thereto exist. Sec. 38-258. Annual report and audit. (a) The Executive Director shall submit to the City and 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. (b) Additionally, the City shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Conservancy at any time after reasonable notice to the Executive Director. Sec. 38-259. Contributions. It is the intention of the City Commission that the Conservancy actively solicits contributions and financial support from private business interests and philanthropic donors, foundations, and any other governmental authorities. To further this goal, the Conservancy is specifically authorized to accept donations from private entities to help defray costs associated with the operations of the Park and capital improvements thereon. Sec. 38-260. Termination of Conservancy. The City Commission, by a 4/5ths affirmative vote, may terminate 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 shall be expended exclusively within the Park as previously designated by the Conservancy or governmental entity. Funds raised by the Conservancy from private sources shall be disposed in accordance with any applicable Federal, State, and Local laws and regulations. Sec. 38-261. Authorization of the 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. City of Miami File ID: 6588 (Revision:) Printed On: 5/13/2025 (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. 38-262. Criteria for denial of permits for use of the Park and its facilities. To the extent permitted by law, the Conservancy may deny a permit for the use of the Park and 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 for the use of the Park and its facilities 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 or entity on whose behalf the application was made has on prior occasions damaged Park or Conservancy property and has not paid in full for such damage, or has other outstanding and unpaid debts to the City or 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 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 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, or, in the Conservancy's judgment, is detrimental to or is not in keeping with the operation of the Park as a first-class, signature urban park; (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; (i) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the Conservancy and/or any applicable governmental entity governing the intended use or activity, including, among others, those 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 any laws, rules, regulations, bylaws promulgated by the Conservancy, or conditions contained in the Management Agreement." City of Miami File ID: 6588 (Revision:) Printed On: 5/13/2025 ** * Section 3. All Ordinances or parts of Ordinances or Resolutions that are inconsistent or in conflict with the provisions of this Ordinance are superseded. 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 immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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: 6588 (Revision:) Printed On: 5/13/2025