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HomeMy WebLinkAboutBack-Up from Law DeptARTICLE III. - BAYFRONT PARK MANAGEMENT TRUST Sec. 38-101. - Bayfront Park Management Trust created. There is hereby created and established a limited agency and instrumentality of the city to be known as the "Bayfront Park Management Trust." Use of the term "trust" in this article shall mean the Bayfront Park Management Trust. (Ord. No. 10348, § 1(1), 11-19-87; Code 1980, § 38-71) Sec. 38-102. - Purpose. The trust shall direct, operate, manage and maintain all aspects of the city -owned property known as Bayfront Park (hereinafter referred to as "park"), for the purposes of ensuring maximum community utilization and enjoyment. The trust shall endeavor to attract organized activities and functions to the park consistent with this purpose. (Ord. No. 10348, § 1(2), 11-19-87; Code 1980, § 38-72) 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 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 each calendar year resulting in the 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 that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the unexpired term. (4) 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/her appointment, or as soon thereafter as practicable, each member of the trust shall enter upon his/her duties but before doing so he/she shall take the oath prescribed by section 41(e) and (f) of the city Charter. (c) Organization; indemnification. (1) Quorum and voting. At all meetings of the trust, a majority of those present at a properly noticed meeting shall constitute a quorum for the transaction of business, and each 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 members of the trust. (3) Protection from personal liability. The trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's 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. (Ord. No. 10348, § 1(3), 11-19-87; Ord. No. 11044, § 1, 3-11-93; Ord. No. 11107, § 1, 12-16-93; Ord. No. 11130, § 14, 3-24- 94; Ord. No. 11151, § 2, 5-23-94; Ord. No. 11189, § 4, 10-27-94; Code 1980, § 38-73; Ord. No. 11348, § 2, 3-14-96; Ord. No. 11373, § 9, 6-27-96; Ord. No. 11564, § 14, 10-28-97; Ord. No. 13676, § 2, 4-27-17) 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. (Ord. No. 10348, § 1(4), 11-19-87; Code 1980, § 38-74) 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, responsibility, and business ability, but no trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the trust, and approved by the city commission. The 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 over and be responsible for the management and operation of all trust properties, activities, and facilities. The executive director shall execute all contracts in behalf of the trust after approval by the board. The executive director shall attend all meetings of the trust, shall furnish the trust a quarterly report with respect to the management, operation, and maintenance of the park, and the financial condition of the trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the park and to said trust as may be 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/her 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. (Ord. No. 10348, § 1(5), 11-19-87; Code 1980, § 38-75; Ord. No. 13676, § 2, 4-27-17) 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 necessary to provide for the efficient operation of the trust. (Ord. No. 10348, § 1(6), 11-19-87; Code 1980, § 38-76) Sec. 38-107. - Encouragement of private enterprise. 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 most active participation and cooperation of private enterprise. (Ord. No. 10348, § 1(7), 11-19-87; Code 1980, § 38-77) 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. (Ord. No. 10348, § 1(8), 11-19-87; Code 1980, § 38-78) 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 year, a trust budget request 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 showing the proposed operations, activities, improvements, and maintenance plans for the 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. (Ord. No. 10348, § 1(9), 11-19-87; Code 1980, § 38-79) Sec. 38-110. - Charge for use of park equipment in Mildred and Claude Pepper Bayfront Park. An equipment use charge is hereby assessed on all private promoters of events or activities 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 executive director at fair market value and may be a separate charge or may be incorporated as 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/her designee, or the Bayfront Park Management Trust executive director. (Ord. No. 10928, § 2, 10-3-91; Code 1980, § 38-79.1; Ord. No. 13676, § 2, 4-27-17) 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 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 trust at any time. (Ord. No. 10348, § 1(10), 11-19-87; Code 1980, § 38-80; Ord. No. 11564, § 14, 10-28-97) 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. (Ord. No. 10348, § 1(11), 11-19-87; Code 1980, § 38-81) Sec. 38-113. - Reservation of park use. Bayfront Park shall be reserved 85 percent of the days of each fiscal year for free access and use by the general public. 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. (Ord. No. 10348, § 1(12), 11-19-87; Ord. No. 10571, § 1, 4-13-89; Code 1980, § 38-82; Ord. No. 13810, § 2, 11-15-18) Sec. 38-114. - 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 responsibility for the maintenance, operation and management of Bayfront Park. (Ord. No. 10348, § 1(13), 11-19-87; Code 1980, § 38-83) Sec. 38-115. - Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensing of alcoholic beverages for special events, performances 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 events, performances or programs as deemed appropriate 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 subsection 38- 70(g), the sale or dispensing of alcoholic beverages in soft containers in the Claude and Mildred Pepper Bayfront Park. (b) Such sales or dispensing of alcoholic beverages 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. (Ord. No. 10688, § 1, 1-11-90; Code 1980, § 38-49.2; Ord. No. 13751, § 2, 3-22-18) Editor's note— Ord. No. 13751, § 2, adopted March 22, 2018, changed the title of section 38-115 from "Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs" to "Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensing of alcoholic beverages for special events, performances or programs." The historical notation has been preserved for reference purposes. 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 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 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 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; (4) 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; (6) 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 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 the classifications and uses of the park or part thereof 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; (10) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or reg 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 applicant is prohibited by law, by the City Charter, this Code, the zoning code and ordinances of the city, or by the regulations of the trust. (Ord. No. 12439, § 1, 11-13-03) Secs. 38-117-38-145. - Reserved.