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 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 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.
City of Miami
Ordinance 14382
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17797 Final Action Date: 7/10/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER
38/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/BAYFRONT
PARK MANAGEMENT TRUST" IN ITS ENTIRETY TO ABOLISH THE
BAYFRONT PARK MANAGEMENT TRUST ("TRUST"); FURTHER AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 2 TITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW
OF BOARDS GENERALLY" TO REMOVE REFERENCES TO THE TRUST;
FURTHER AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 TITLED
"FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND
EXCLUSIONS" TO REMOVE REFERENCES TO THE TRUST; FURTHER
AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 TITLED "STREETS AND
SIDEWALKS/IN GENERAL/ PLACING SIGNS, ADVERTISEMENT, OR
DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR
SIDEWALK SURFACE" TO REMOVE REFERENCES TO THE TRUST;
FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL
ACTIONS NECESSARY TO EFFECTUATE THE CITY'S OPERATION OF THE
BAYFRONT PARK AND MAURICE FERRE PARK IN ACCORDANCE WITH
THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ralph "Rafael" Rosado
WHEREAS, the Bayfront Park Management Trust ("Trust") is a limited agency and
instrumentality of the City of Miami ("City"), established under Section 38-101 of the Code of the
City of Miami, Florida, as amended ("City Code") for the purpose of directing, operating,
managing and maintaining all aspects of the City -owned property known as Bayfront Park, for
the purposes of ensuring maximum community utilization and enjoyment; and
WHEREAS, the City previously adopted Resolution No. 94-204, which provided for the
Trust to assume control and take responsibility for the operation and maintenance of Maurice
Ferre Park; and
WHEREAS, Section 38-114 of the City Code provides that the City Commission may
abolish the Trust by the affirmative vote of three (3) City Commissioners, 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; and
WHEREAS, the abolishment of the Trust will render the delegation of authority for
Maurice Ferre Park granted pursuant to Resolution No. 94-204 void and of no further force or
effect; and
City of Miami Page 1 of 11 File ID: 17797 (Revision: A) Printed On: 8/7/2025
File ID: 17797 Enactment Number: 14382
WHEREAS, the City Commission has determined that any funds currently budgeted,
allocated, appropriated, received, or contributed to the Trust for management, maintenance,
and operations of Bayfront Park and Maurice Ferre Park (the "Parks") shall be transferred to the
City; and
WHEREAS, the City Commission has further determined that the City shall assume any
contracts related to the management, maintenance, and operations of the Parks and shall take
all necessary and appropriate actions to absorb, transition, or otherwise wind down operations
of the Trust, as necessary, in accordance with the provisions of this Ordinance;
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 38/Article III of the City Code is hereby repealed in its entirety as
follows:1
"CHAPTER 38"
PARKS AND RECREATION
ARTICLE III. RESERVED. BAYFRONT PARK MANAGEMENT TRUST
Q8-1 f11 Bayfrk Managu r
es. �on�- ar
P�e�r+en�T�rst�reated.
There is hereby created and established a limited agency and instrumentality of the city
shall moan the Bayfront Park Management Tn,c4
Sec. 38 102. Purpose.
The trust shall direct, operate, manage and maintain all aspects of the city owned
maximum community utilization and enjoyment. The trust shall endeavor to attract organized
activitics and functions to the parks consistent with thiese.
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.
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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File ID: 17797 Enactment Number: 14382
Each member of the trust shall reside, work, own r al property or own a busincsc in thc
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
of each calendar year resulting in the scicction of a new chairperson or thc
reappointment of the existing chairperson to serve as the chairperson of the trust.
(3) Esh-member shall -be named a n-�,d appei nted the ty cammRss a
term of one year or until the nominating commissioner I avcs office, whichever occur
removal of any member of the trust shall serve only for the unexpired term.
{1) 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 I 1pon +he effective rlate of hie/her appointment or as soon thereafter as
practicable, each member of the trust shall enter upon his/her duties but before doing so he/shc
shall take the oath prescribed by section 11(e) and (f) of the city Charter.
{c) Organization; indemnification.
{1) Quorum and voting. At all-Racct+r of the + a ma grit„ of +hose
present at a properly noticed meeting shall constitute a quorum for the transaction of
businesc, and each trustee shall have one vote on every iscuc 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
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
to the city's insurance manager. To the extent such coverage does not apply, the city
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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File ID: 17797 Enactment Number: 14382
Sec. 38 10/1. Powers, purposes and duties of the trust.
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 thc city commission. The cxccutivc
cxccutivc dircctor. Thc cxccutivc dircctor shall receive such salary as shall be fixed by the trust,
and approved by thc city commi cion. 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
required by the trust or thc city. In thc event that thc cxccutivc dircctor shall for any r ason bc
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.
Sec. 38 106. Employment of assistants.
shall employ such assistants as are necessary to provide for the efficient operation of the trust.
Sec. 38 107. Encouragement of private enterprise.
The trust shall, to the greatest extent it dctcrmincs to bc f .,iblc, implement the
exercise of its powers in a manner which utilizes and cncouragcs thc fullest and most 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 urget
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File ID: 17797 Enactment Number: 14382
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
(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 submi€ion of the budget, the trust shall submit a master
forthcoming fiscal year. The city commission may review and dcny any itcm containcd in thc
master plan within 30 days from date of its submi lion by the trust.
An equipment use charge is hereby a se sed on all private promoters of events or
be used to partially defray operational costs of thc Mildred and Claude Pcpper Fountain. The
incorporated as part of an unapportioned park user fee. This equipment use charge shall not be
applicable for those cvcnts for which prior contractual relationships exist which have been
approved by thc city manager, or his/her designee, or the Bayfront Park Management Trust
executive director
Sec. 38 111. Annual report and audit.
(a) The trust shal-l-sutto the mayor and city commission an ann6 ial 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 tri t at any time
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.
Bayfront Park shall be reserved 85 percent of thc days of each fiscal year for frcc
acces and use by thc general public. This reservation of park use applies to Bayfront Park but
not to any special purpose facility within it such as the t amphitheaa„e€sel docks. This
increase in reservation of park use shall not impair previously cxccutcd contracts. This
reservation of park use may be reduced or waived by the city commiscion for tcmporary cvcnts
or for specific events when the city commission determines such reduction or waiver is in the
city's best interests.
Sec. 38 11/1. Abolition of trust.
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The city commission, by an affirmative vote of thrcc commi cioncrs, may abolish tho
resume responsibility for the maintenance, operation and management of Bayfront Park.
dispensing of alcoholic beverages for special events, performances or programs.
{a) Notwithstanding an i provision in +he Ci+ i Code +n +he con+rar i +he Ba ifrnn+ Park
Management Trust, or its executive director, on such special occasions and for such special
events, performances or programs as dccmcd 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.
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 occasion
made material misrepresentations regarding the nature or scope of an event or activity
previously permitted or has violated thc terms of prior permits isucd to or on behalf of tho
applicant.
The trust may also deny a permit on any of the following grounds:
{1) The application for permit (including any required attachments and
submi�ions) is not fully completed and executed;
{2) The applicant has not tendered the required application fee with thc
application or has not tcndcrcd thc required user fee, use agreement or other type of
agreement, insurance ccrtificatc, or security deposit within thc times prescribed by tho
executive director•
{3)
('l )
The application contains a material falsehood or misrepresentation;
The applicant is legally incompetent to contract or to sue and be sued;
{5) The applicant or the person on whose behalf thc 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 f y executed prier application fer thesametime a ce s-been
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 thc same time and place;
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{8) The proposed use or activity is prohibitcd by or inconsistent with tho
cla:,€ifications and uses of the park or part thereof designated pursuant to this chapter;
(9) he use oorr aactiyity intended by t�h-ne applican could present-arnr jv� �� ��—a�rcarTc-vwma-�Tr.
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 regulations of the trust and or city concerning the
sale or offering for sale of any goods or services; and
r
{11) The use or activity intcndcd by the applicant is prohibitcd by law, by tho
City Charter, this Code, the zoning code and ordinances of the city, or by the regulation
of the trust.
Secs. 38 117 38 1 /1 5. Reserved.
Section 3. Chapter 2/Article XI/Division 2 of the City Code is hereby 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.
Affordable Housing Advisory Committee
Audit Advisory Committee
Bayfront Park Management Trust
Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's Council on Global Competitiveness
Miami Arts and Entertainment Council
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File ID: 17797 Enactment Number: 14382
Miami Technology Council
Miami Commission on the Status of Women
Miami Forever Bond Program Citizens' Oversight Board
Parks and Recreation Advisory Board
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) By February 15 of the year in which a board is to be reviewed, the city manager shall
deliver to the city commission the report submitted by the chairperson of each board
pursuant to section 2-890 hereinabove, together with any recommendation or comments
the city manager desires to submit.
(2) During the month of March of each year in which a board is to be reviewed, the
chairperson shall make an oral presentation to the city commission. Said presentation
shall be based on the report set forth in section 2-890 above. At the conclusion of the
oral presentation by the board's chairperson, any individual commissioner may request
the formation of a special purpose board, (hereinafter referred to as the "SPB"),
consisting of five members appointed by the city commission. The SPB shall evaluate
the chairperson's report, the city manager's recommendations and any other information
it deems relevant to determine whether the board being reviewed shall continue in its
present form. The SPB shall make a report to the full commission within 90 days.
(3) At the conclusion of this review process, the city commission shall determine whether to
abolish, continue, consolidate or modify the board for the ensuing four years thereafter.
Nothing contained herein shall be construed to authorize the abolition, consolidation or
modification of any multijurisdictional board.
(4) The following boards shall initially be reviewed in the following years and shall be
reviewed every four years thereafter:
a. 1995:
. Bayfr t-Park management trust.
1. 2 Citywide community development advisory board.
2. Civil service board.
3. 4 Code enforcement boards.
4. 5, Equal opportunity advisory board.
*„
Section 4. Chapter 18/Article III of the City Code is hereby amended in the following
particulars:1
"CHAPTER 18
FINANCE
City of Miami Page 8 of 11 File ID: 17797 (Revision: A) Printed on: 8/7/2025
File ID: 17797 Enactment Number: 14382
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
* * * *
Sec. 18-72. Application and exclusions.
(a) Application. Regardless of the source of funds, including state and federal assistance
monies and except as otherwise specified by law, the provisions of this article shall
apply to every purchase/procurement by:
(1) All city entities or boards, as hereinafter defined, including the community
redevelopment agencies.
(2) The Downtown Development Authority, the department of off-street parking,
Liberty City Community Revitalization Trust, Civilian Investigative Panel, Bayfront
Park Management Tri ust and the Virginia Key Beach Park Trust (each referred to
herein as the "board" or "city entity," as applicable); provided, however, that:
a. With respect to each board, the following terms shall have the meanings
ascribed to them in this section:
1. "City" shall mean the board.
2. "City manager" shall mean the executive director of the board.
3. "Chief procurement officer" shall mean the executive director of the
board or his or her designee.
4. "City commission" shall mean the board of directors of the board.
b. The cone of silence shall not apply to any board or city entity set forth in
subsection 18-72(2) herein or the community redevelopment agencies.
*„
Section 5. Chapter 54/Article I of the City Code is hereby amended in the following
particulars:1
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
*
Sec. 54-9. Placing signs, advertisement, or displays on any portion of public right-of-way, street
or sidewalk surface.
*
City of Miami Page 9 of 11 File ID: 17797 (Revision: A) Printed on: 8/7/2025
File ID: 17797 Enactment Number: 14382
(h) (1) Notwithstanding any other prohibitions in this chapter to the contrary, the city may
place or contract for placement advertisements or displays on communication kiosks and
newsracks as described in chapter 54, article VII, within the public right-of-way or on
city -owned property when such advertisements or displays are part of a communication
kiosk program or a newsrack as described in chapter 54, article VII. Such
advertisements or displays will be permitted only when the communication kiosk
program or newsrack as described in chapter 54, article VII, is procured in a non-
exclusive manner and in accordance with chapter 18, article III of the City Code, titled
"City of Miami Procurement Ordinance," and subject to compliance with all applicable
permits, contracts, and competitive solicitation requirements, governmental reviews,
approvals, codes, rules, regulations, ordinances, statutes, and contract provisions. All
contracts for placement of advertisements under this section shall contain provisions for
a portion of the revenue to accrue to the city.
(2) The following definitions will apply to this section of the City Code:
Communication kiosk means a physical interactive device which disseminates
information to the general public such as, but not limited to, emergency, transit, special
event information, and advertisement information. Such device may be installed at a
maximum of one per square as defined in chapter 54, article IV of the City Code.
Communication kiosk program means an approved program by which the city generates
revenues and provides public services including but not limited to free wi-fi, resilience
components such as air quality sensors, and security features such as panic
functionality or a police panic button to protect the public welfare.
(3) The following requirements and limitations will apply to all advertisements and
displays authorized under this section:
a. Advertisements shall contain public interest messages on a minimum of one of every
eight intervals for the same time period as the advertisement posted.
b. Advertisements shall exclude tobacco products, firearm products, adult
entertainment products, and adult entertainment service establishments as those
terms are defined in Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), or any successor zoning ordinance.
Alcohol may not be displayed on communication kiosks nor on newsracks between
the hours of 6:00 a.m. and 7:00 p.m. within 200 feet of any prior established school,
public library, museum, house of worship/religious institution, cemetery, youth center,
recreational center, youth organization, day care center, government office, public
park (except for parks managed by the Bayfront Park and Maurice Ferre
ParkManagement Trust), playground, amusement park, hospital, medical clinic,
senior or assisted living facility, or substance abuse/treatment program as measured
from the applicable kiosk or newsrack face to the nearest property line of a property
containing such a use.
*„
Section 6. The City Manager is directed to take any and all administrative actions
necessary to effectuate the City's operation of the Parks in accordance with the provisions of
this Ordinance.
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File ID: 17797 Enactment Number: 14382
Section 7. 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 8. This Ordinance shall become effective January 1, 2026, following final
reading and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy ng III, C y ttor -y 7/15/2025
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 11 of 11 File ID: 17797 (Revision: A) Printed on: 8/7/2025