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HomeMy WebLinkAboutR-75-0666RESOLUTION NOAt2SerEfi A RESOLUTION tON GRANTING PRER USE tP THE MARINE STADIUM TO THE MIAMI HERALD Perk THE REMAINDER OP THE 2 97S "STARS UNDER THE STARS" SUER SERIES ON JUNE 214 JULY 4 AND 1B, AUGUST 2, 17 AND 301 SUBJECT TO ADVANCE PANT P0R EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE SY THE Cl'T t'4 WHEREAS, the Commission, at its April 22, 1975 Meeting, granted free use of the Marine Stadium by the Miami Herald to hold the first two presentations of its "Stars Under the Stars" summer series, proceeds from which to go to the Lend a Hand Charities; and WHEREAS, the City Commission has found that such activities constitute a Public Purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section . Free use of the Marine Stadium be, and is hereby, granted to the Miami Herald for the remainder of the 1975 "Stars Under the Stars" summer series for the remainder of 1975 on June 21, July 4 and 19, August 2, 17 and 30 subject to advance payment for event personnel, insurance and other direct costs borne by the City. PASSED AND ADOPTED this17ry day of JUI Y 1975. PREPARD AN AP VED Y; gA CA/ Mikele Carter, Asst. City Attorney Attes APPROVED AS TO FORM AND13 C0RECTNESS ; { Yin S , Lloyd City Attorney Cit C1-rk a, - CITY COMMISSION MEETING OF JUL, 1 71975 RESOLIMOn NQ,.2 44, tylt'P CP MAW 1'`thitlt5A I 1fitti3OIr'itt TMM€MOt ANfltM Honorable Mernhers of The City Cbtrithitiglah �y a P. W. Andrews City Manager bAt: JU61t tubitt1: Waiver of tees tat: REPtRtWc S: July 17, 1975 Agetida items t and t3 tt•ICLO5URet: Attached is a copy of City Attorney Sohn S. Lloyd's June SO, 1975, memorandum relating to the waiter of rental fees. You will note that Agenda Items 62 and 63, both involving the waiving of rental fees for City facilities, do not include resolutions prepared by the Law Department. The City Attorney, in his above captioned memorandum, lists the following considerations for gra.ntitig the free use of City facilities: 1. Is it for a public purpose? 2. Will publicity be attained which will attract people from outside of the Greater Miami area? (No speculative inducements). If so, then Publicity and Tourism Funds may be used. 3. Is it for an official City of Miami charity? Through conversations with the City Attorney's Office, it is noted that for an organization to qualify for public purpose, it must meet the definition of public purpose as it relates to the City of Miami as a municipality. Examples of purposes which do not qualify as public purposes are as follows 1. Celebrations 2, Entertainment 3. Sports and Games It is suggested that Item 62 on the Agenda relating to waiving the rental fee for use of the Marine Stadium by the Miami Herald may appropriately fall under the purview of publicity attracting attendance from outside of the City of Miami. Therefore, Publicity and Tourism funds may be used for this purpose. However, under the definitions provided by the City Jac- OA 7s-466. Honorable Membert The City abitittlit§lbri ,tqt. I It§ Attorriey, lterri waivitg the rental fee for use bf the bateball Stadium 'by the Latin American and Pree Cubans Academy, would specifically be excluded by detiob. It is recognized that this preterits a difficult -dilemma for the City Commissiot. It is suggested that the City Commis SIMI may wish to idetitify its polity in this matter At the July 17, 1976, IVIeetitig; thereby giving the Administration specific guidelibes to be utilized which would elimiriate presentatiort to the City Corrirriittion of items which it cannot act favora.bly upon. cc: 14ortorable 1-lobora.ble Horto r able 14ono rable Honorable Matti' tee A. rerre, Mayor 3 L Plurrimer, Sr., Vice Mayor Theodore R. Gibson Rose Cordob /via:bolo Reboso tit ta. Pt Wt Aritlrewt City Manager titio 424t. MAW, tibtlitiA iNtEltdbVflet MtMONANbliki t lIttJttt: titVERttlttt: t NcLbst114Es: 1.*0 illi't JUhe 30, IWB Waiver of ftet 4 1%4 *tat he City* over the years, has developed a policy of waiving the rental fEe for the use of City facilities for almost any group requesting a waiver. tut it should be borne in mind that when - Ever the City of Miami waives the rental fee for an organization, it it tantamount to an outright donation of City funds to them. before a fee it waived, a careful determination should be made as to whether the purpose of the event Is for the benefit of the City of Miami* since expenditures by the City must be for a public and corporate purpose. The Florida Constitution 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. In a determination of whether a municipal expenditure is legally permissible the test used is whether it is for the general good of all the inhabitants of the City. McQuillin, Municipal Cor- poration, § 39.19. The only exception to this public purpose re- quirement is when the City donates money (or waives a fee) for a charity. But here again the City is limited in its authority to appropriate money to charitable organizations by section 97 of the Charter, which requires that no appropriation shall be made unless the City has representation upon the board of directors of the charity and further that it is to receive a detailed yearly financial report from the charity. This matter has come up on numerous occasions for at least 15 years of which I am aware. The Law Department has written numerous opinions on this, yet no standards have been developed as to the waiver of fees. Therefore, to simplify this matter, I urge that the following checklist be used before a request for a waiver is granted: Is it for a public purpose? See tbeve, if to there General Funds may be used: Will publicity be attained which will attract people from outside of the greater Miami area? (tto speculative inducements!) If tot, then Publicity and couism rurida may be used. Is it for an official City of Miami charity? (See g97, Charter and above). Hopefully in the future when a request for a waiver is' received and these three questions are asked it should be immediately apparent as to whether a waiver should be effectuated. Realistic ally, it would appear that most of the requests for waivers cannot and should not be honored JSL:MC:eb Sec. 97. Appropriation for public or private charities. The commission shall make no appropriation of public funds towards the maintenance and support of any private or public charity except upon condition that the city shall have representation upon the board of directors, board of managers or other governing body of such private or public charity, and that a detailed financial report, showing all re- ceipts and disbursements by such charity shall be made to the director of public welfare at least once in each year. But nothing herein shall be construed to prevent the city from contracting with any hospital or similar institution for the care of indigent, sick or injured persons, or for other services. if- IMAM, tL hitiA INT PPlet M MORANbUfiMM `hb: ftthW P. t4. Andrews City Manager Pik H. t : mining bireotor beparieftt of ublie Facilities bATE: Julie 23 3 1975 5t1tlJEct: Free Hse of Marit Stadium by Miami Herald £NCLbtUREs: In a letter dated June 16, 1975 the Miami herald submitted a request for a waiver of the rental fees for the remaining six events of their summer concert series at the Marine Stadium, the proceeds of which are to go to the Lend a Hand Charities. The Commission, at its April 22, 1975 meeting, granted free use of the Marine Stadium by the Miami Herald to hold the first two presentations of its "Stars Under The Stars" summer series The remainder of the summer series has now been confirmed. THE DEPARTMENT OF PUBLIC FACILITIES RECOMMENDS THE ADOPTION OF THE ATTACHED RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM FOR PRESENTING SIX CONCERTS ON THE FOLLOWING DATES: JUNE 21, JULY 4 and 19, AUGUST 2, 17 and 30, 1975, SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY.