HomeMy WebLinkAboutItem #22 - Discussion ItemMIAMI
MARINA WATERFRONT TRUST
STATEMENT OP PURPOSE
A Miami Marina Waterfront Trust is to be created for the purpose
of operating, maintaining and governing such marina facilities
as the City Commission may, from time to time, designate and
contract for with the Marina Trust. The Trust, in addition, may,
from time to time, act as the City's agent in carrying out
development of marina facilities and marine oriented operations.
The Trust would be given overall responsibility for planning
improvements to the City's marine facilities based on a compre-
hensive waterfront masterplan, and the financing of said facilities.
The masterplan would be subject to review by•the Planning Advisory
Board and approval by the City Commission.
CREATION OF THE TRUST
The. specific method for creation of a trust which would have the
ability to contract with the City for operation and maintenance
of marinas and act as the City's agent in development of marinas
would need further legal research.
GOVERNING BODY
The Trust shall consist of nine voting members and three additional
non -voting members to be appointed by the City Manager. Four of
the nine members would be appointed based on recommendations from
groups representing the Marine Council, Tenants Association,
environmental groups, and marina operators in the City. Five
members would be appointed based on general knowledge and make
application for appointment to the City Commission.
No person would serve as a member of the Trust who has a conflict
of interest or does business directly with the Trust.
Only the City Commission could appoint voting members and could
remove any member for cause.
The Trust would adopt its own by-laws of operation, but at a
minimum, the trust members would elect a chairman, vice-chairman,
treasurer and secretary, would meet monthly and keep records in
accordance with the Sunshine Laws.
The Board would function as a Board of Directors in carrying out
contractual obligations between the Trust and the City of Miami.
Board members would be entitled to protection from personal
liability while acting within the scope of powers and duties
assigned by the City Commission.
POWERS AHD DtTIEs OF THt_..TRUST
The Trust would have the power to contract and be contracted with,
to sue and be sued, to hire such employees as is necessary to
carry out the contractual obligations that it may enter into with
City,the as may be necessary to
fulfill obligationskthat cthe tCity amay, from time to time, assign
or contract for.
Contracts executed by the Trust or other obligations incurred by
the Trust shall not be binding on the City. In the event the
Trust is terminated, obligations of the Trust shall only be
enforceable against the City to the extent that such obligations
would have been enforceable with regard to personal property, which
was in possession of the Trust and with regard to income which
would have come into the possession of the Trust.
The Trust shall comply with the formal bid requirements of the
City of Miami and the State of Florida.
The title to all real property shall continue to vest with the
City of Miami; personal property required by the Trust necessary
for the conduct of contractual obligations shall vest with the
Trust during the term of contractual obligation.
The Trust shall have the power to hire and fire employees,
establish personnel policies, hire an executive director and
such other employees as may be necessary to fulfill contractual
obligations.•
It is anticipated that a transition period would occur with
regard to current employees of the marinas. The City could
contract with the Trust for operation and maintenance and
expansion of Miamarina and Dinner Key, and the Trust would
establish a committee composed of representatives of the Board
of Trustees, City Management, City Personnel Department, and
the Department of Stadiums and Marinas. This committee would
consult with marina employees and employee representatives, and
would submit to the Board of Trustees and the City Commission
a plan for the transfer to the Trust of all City personnel
functions in relation to these designated facilities. This
plan, with the recommendations of the trustees, would be submitted
no later than three months following the commencement of the
contract for operation of Dinner Key and/or Miamarina.
Rates and Charges - The Trust would be empowered to establish
rates and charges for those persons using the facilities of
or receiving care or assistance from the Trust, and to collect
money pursuant to such rates and charges. Rates and Charges
would be based upon the formula in Chapter 50 of the City Code,
dealing with marina rates. Rates representing deviations from
that formula must be agreed to by the City Commission.
The Trust would be able to accept gifts and to apply for Federal
or State grants upon approval of the City Manager.
The Trust would use such services of the City as may be desirable
to avoid duplication such as the Finance Department, City law
Department and the City Planning Department in the Conduct of
planning and feasibility studies, The Trust would be required
to cooperate with other governmental agencies who are concerned
with and have responsibility for planning and operation of
waterfront properties in the City of Miami.
FINANCIAL ADMINISTRATION OF THE
MIAMI WATERFRONT TRUST
The Trust would establish a fiscal year which coincides with that
of the City of Miami, and would operate pursuant to the official
City budget and amendments thereto. For each fiscal year, the
Trust would submit to the City Commission, no later than the first
day of April, a budget for the next fiscal year pertaining to
operating and capital expenditures, which budget would not be
implemented until approval by the City Commission.
The Trust budget would be prepared on official City budget forms
in a format prescribed by the City Manager, shall be reviewed in
a manner similar to that in which other requests of other City
departments are reviewed, and shall be incorporated in the
proposed budget submitted to the City Commission by the City
Manager.
The Trust would have the ability to spend bond proceeds in
accordance with duties assigned to it by the City Commission.
The Trust would have the power to purchase and manage necessary
materials and supplies for the operation of marinas under contract.
The Trust would have the ability to enforce through legal means
any and all contractual obligations.
City could appropriate any excess funds of the
for operation or capital purposes.
The City Manager would have the ability and be empowered at all
times to conduct administrative audits of facilities; legal
opinions of the City Attorney's Office would be binding upon
the Trust.
Trust not approved
The Trust shall be required to properly maintain the contract
facilities and make any and all necessary improvements to such
facilities in accordance with adopted City budgets and the terms
of any annual contracts.
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