HomeMy WebLinkAboutItem #08 - Discussion ItemCITY OF MIAMI FLORIDA
INtEN-orricE MEMORAN.
Mayeit ahcl MeMbets
tt the city COMMisSion
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'City Mati.Age±
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Policy for Ptee sae
of City racilitieS
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The City Commission has requested that the city
Admiuistration propose a policy whereby applications
for free use of City facilities and property may be
handled administratively by the City Manager. The
attached discussion draft establishing such a policy
is submitted for your consideration.
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'
=IMO OP A NEW POLICY Ct NCERNtNo THE
WAIVER OP ?EIS PA POLIO PAC/LITIES
!kb 'Po item
The City Commission of Matra has, over "they ,rg, developed . policy
Of waiving the rental fee for the use of City facilities for almost
any group requesting a waiver. Sometimes this has been done to
support local activities of benefit to the community. More often
it has been done to assist charitable and other non-profit organ-
izations in worthwhile undertakini;s. However, this practice has
three distinct disadvantages:
1. It puts undue pressure on t;he City Commission.
P. It could be' regarded as being unfair to taxpayers
in general.
Much of the time it could be downright illegal.
The Governing Laws
1. The City Attorney has rendered the opinion that the Florida Con-
stitution prohibits the donation of City monies or property.for
private use to any individual or company not under the control
of the City and having no connection with it; and whenever the
City of Miami waives the rental fee for an organization, it is
tantamount to an outright donation of City funds to them.
. Section 97 of the City of Miami Charter requires that no appro-
priation shall be made to the support of any private or public
charity except upon condition that the City shall have repre-
sentation upon the governing body of such charity.
'h.e Qb j.ecti ves a New Policy
I. To relieve the City Commission of the heed of facing this problem
at almost every meeting by setting up a procedure to have such
requests handled administratively by the office of the City
Manager.
be in conformance With existing laws.
Continue to encourage activities which are of benefit to the
community.
Within the limit of the law, help non-profit and charitable or-
ganizations in worthwhile undertakings.
The Criteria
I. for those projects which are considered as being for the common
good of the City, and for which no admission is charged (an
example of this would be the Coconut Grove Art Festival), the
City may, within practical limits, cooperate by supplying use
of City personnel, equipment, and facilities at no charge.
For activities or events sponsored by a legally recognized
charitable and/or non-profit organization, the City may limit
its charges to those costs to the City directly related to the
holding of the event. (Examples of this would be utility costs,
salaries of operating personnel, equipment charges, and in-
surance costs.)
For any event or activity not included under Item 1 or 2 above,
the full rental fee shall be charged.
The Implementation
1. Th:se regulations should be enacted by ordinance rather than
resolution to eliminate pressure being brought upon the Commission
to pass special resolutions waiving the proposed rules for any
srfecial group making the application.
0)
The dotermihation or the qualifying of ahy paPtidular applicant
hall rest with the City Manager,
The determination of any cost involved and charges to be levied
shall also rest with the City Manager. This shall be bated
upoh cost, information supplied by the directors of the affected
departments.