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AGENDA ITEM COVER PAGE

File ID: #6588


Ordinance
Sponsored by: Francis Suarez, Mayor, Wifredo Gort, Commissioner, Ken Russell,
Commissioner, Manolo Reyes, Commissioner, Keon Hardemon, Commissioner

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 OF


THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED “PARKS
AND RECREATION” MORE PARTICULARLY BY ADDING A NEW ARTICLE VII
ENTITLED, “MAURICE A. FERRÉ PARK CONSERVANCY”, PROVIDING FOR
POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR THE MAURICE A.
FERRÉ PARK FOR THE PRESERVATION, MAINTENANCE, AND IMPROVEMENT
OF THE MAURICE A. FERRE PARK; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.

City of Miami File ID: 6588 (Revision: ) Printed On: 10/1/2019


City of Miami
Legislation
Ordinance
File Number: 6588 Final Action Date:

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 OF


THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED “PARKS
AND RECREATION” MORE PARTICULARLY BY ADDING A NEW ARTICLE VII
ENTITLED, “MAURICE A. FERRÉ PARK CONSERVANCY”, PROVIDING FOR
POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR THE MAURICE A.
FERRÉ PARK FOR THE PRESERVATION, MAINTENANCE, AND IMPROVEMENT
OF THE MAURICE A. FERRE PARK; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Miami (“City”) is the owner of that certain 30+ acre waterfront
parcel of land and improvements in Miami, Florida, formerly known as “Bicentennial Park” and
“Museum Park,” and recently renamed “Maurice A. Ferré Park,” which land is more particularly
described as follows: 1095 Biscayne Boulevard, Folio No. 01-4137-073-0010; 801 Biscayne
Boulevard, Folio No. 01-0100-000-0120; 1101 Biscayne Boulevard, Folio No. 01-4137-073-
0025; 1103 Biscayne Boulevard, Folio No. 01-4137-073-0016; 1191 Biscayne Boulevard, Folio
No. 01-4137-073-0015 (“Park”); and

WHEREAS, the Park is an asset with the potential to be transformed into a premier
destination park, free and open to the public; and

WHEREAS, in preparation of the Park’s redevelopment as Museum Park, the City


Commission in October 2001 proposed a citywide referendum for the $255 million Homeland
Defense/Neighborhood Improvement Bond issue (“Bond Referendum”), which specifically
included $10 million for infrastructure improvements to the park and $3.5 million for the Miami
Science Museum and Miami Art Museum as a challenge grant for planning and pre-
development costs; and

WHEREAS, following the City voters’ approval of the Bond Referendum on November
13, 2001, the City Commission adopted a resolution on July 25, 2002, designating the City
Commission’s choice of the “Cultural Park” option, also then known as Museum Park Miami, as
the official design development option for the Park; and

WHEREAS, the Perez Art Museum Miami, (“PAMM”) and Frost Science Museum have
been completed, and have executed long-term leases of Park property with the City dated
December 11, 2008 (the leasehold area also includes Knight Plaza and the Museum Parking
Garage), all of which are excluded from this legislation); and

WHEREAS, the ability to fund the long-term operating expenses of the Park creates
unique challenges to the resources of the City; and

WHEREAS, the City desires third-party fundraising for the Park be executed by an
independent, not-for-profit corporation to secure the benefit of the signatory Park for present
and future generations of Miami residents and visitors; and

WHEREAS, the City desires to obtain the benefit of professional management services
from an independent, not-for-profit corporation in connection with the design, development,
management, programming, maintenance and fundraising for the Park (“Conservancy”); and
City of Miami File ID: 6588 (Revision: ) Printed On: 10/1/2019
WHEREAS, the City has established a Special Reserve Account (Acct. B-183510) to
receive the $28,000,000.00 dollars from the OMNI Community Redevelopment Agency (“CRA”)
as stipulated in the Global Agreement to be used specifically for capital improvements in the
Park; and

WHEREAS, the Conservancy will ensure that the Park is held in trust for the education,
pleasure and recreation of residents of Miami-Dade County and will foster public input for the
purposes of visioning of design, development and programming; and

WHEREAS, the Mayor of Miami shall be a voting member of the Board of Directors of
the Conservancy; and

WHEREAS, the City of Miami will continue to own the Park and all structures and
appurtenances thereon, and further, the City and Conservancy acknowledge and agree that the
City has not granted and will not grant the Conservancy any ownership or leasehold interest in
the Park or its structures or appurtenances.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF


MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.

Section 2. Chapter 38 of the Code of the City of Miami, Florida, as amended (“City
Code”), is amended in the following particulars:1

“CHAPTER 38

PARKS AND RECREATION

* * *

ARTICLE VII. MAURICE A. FERRÉ PARK CONSERVANCY

Sec. 38-249. Maurice A. Ferré Park Conservancy.

The City may, pursuant to Section 255.60(2)(b), Florida Statutes, as amended, or through other
legal authority, contract with a 501(c)(3) not-for-profit corporation for the preservation,
maintenance, and improvement of Maurice A. Ferré Park. The terms for any operational
activities, future development, or entrance into a Management Agreement concerning Maurice
A. Ferré Park shall be in accordance with this Article. Nothing in this Section shall be construed
as to prohibit contractual terms in such a Management Agreement not in conflict with this
Article. Notwithstanding anything contained within this Article or any management agreement,
the Park shall be reserved ninety percent (90%) of the days of each fiscal year for access and
use by the general public.

Sec. 38-250. Scope and definitions.

(a) The Conservancy shall have the exclusive authority to direct, operate, manage,
maintain, program and develop all aspects of the City-owned property known as Maurice A.
Ferré Park, exclusive of the Leasehold Area, for the purposes of ensuring maximum community

1Words 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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utilization and enjoyment, fundraising for its operations and promoting the Park as a signature
civic and cultural space.

(b) For the sole purposes of this Article, definitions used shall be as follows:

“City” shall mean the City of Miami, Florida municipal corporation.

“Conservancy” shall mean the 501(c)(3) not-for-profit corporation that has entered into a
Management Agreement with the City for the abovementioned purpose in accordance with the
requirements of this Article.

“Conservancy Board” shall mean the Board of Directors of the Conservancy, established
and composed in accordance with the Conservancy’s governing documents.

“Leasehold Area” shall mean the approximate 8-acre site within the Park, comprising the
Perez Art Museum Miami, the Frost Science Museum, Knight Plaza, and the Museum Parking
Garage, which areas are governed by executed long-term leases with the City dated December
11, 2008, together with Museum Drive, all of which are specifically excluded from the
Conservancy.

“Management Agreement” shall mean that certain management and operating


agreement to be entered into between the City and the 501(c)(3) entity, in accordance with this
Article, for the preservation, maintenance, and improvement of the Park.

“Park” shall mean Maurice A. Ferré Park, a waterfront parcel of land and improvements
in Miami, Florida, formerly known as “Bicentennial Park” and “Museum Park”, which land is
more particularly described as follows: 1095 Biscayne Boulevard, Folio No. 01-4137-073-0010;
801 Biscayne Boulevard, Folio No. 01-0100-000-0120; 1101 Biscayne Boulevard, Folio No. 01-
4137-073-0025; 1103 Biscayne Boulevard, Folio No. 01-4137-073-0016; 1191 Biscayne
Boulevard, Folio No. 01-413-073-0015, and any and all real property, infrastructure, public rights
of way and submerged lands that abuts such property over which the Conservancy shall have
control or have operational authority

Sec. 38-251. Powers, purposes, and duties of the Conservancy.

(a) The Conservancy shall have the exclusive authority to do all things necessary to
direct, manage, and maintain the Park, its grounds and improvements thereon, including,
among others, the ability to hire and terminate its own staff. Additionally, the Conservancy shall
have the power to contract in its own name, without prior approval by the City Manager or City
Commission, subject to this Article, other applicable law, existing obligations of the Conservancy
or City, and budgetary restrictions. Additional powers of the Conservancy include, but are not
limited to, the following:

(1) The power to plan, design, and construct additional improvements to the Park, its
adjacent city-owned submerged lands, or any landscaping within the Park, and the City
hereby grants to the Conservancy proprietary authorization for such purposes,
notwithstanding any other provision of the City Code.

(2) The power to plan, conduct, coordinate, and promote educational or cultural
events or programs within the Park.

(3) The power to establish additional reasonable use rules for the Park or any
portion thereof in addition to those rules contained in Chapter 38 of the City Code.

(4) The power to establish usage fees for private events and to reasonably condition
or deny the permitting of the same, provided that nothing in this Article shall be
City of Miami File ID: 6588 (Revision: ) Printed On: 10/1/2019
construed as requiring the Conservancy to allow such events. Such power is subject to
the requirement that the Park shall be reserved ninety percent (90%) of the days of each
fiscal year for access and use by the general public.

Sec. 38-252. Waiver of fees.

Notwithstanding any provision in the City Code to the contrary, the Conservancy shall be
exempt from all fees required by Chapter 62 of the City Code and, with the exception of those
fees required by the State of Florida or Miami-Dade County, Chapter 10 of the City Code, upon
written request to, and with the concurrence of, the City Manager.

Sec. 38-253. Appointment, term, qualifications, compensation, general powers and


responsibilities of the Executive Director of Conservancy.

There shall be an Executive Director who shall be appointed by the Conservancy Board.
Additionally, each successor Executive Director shall be similarly appointed and approved. The
Executive Director shall be a person of good moral character and have an excellent reputation
for integrity, responsibility, and business ability, provided that no Board Member shall be eligible
for appointment as Executive Director. The Executive Director shall receive such salary as shall
be fixed by the Conservancy Board. The executive director shall take an oath before entering
upon any duties. The Executive Director shall act as the Chief Executive Officer of the
Conservancy. Subject to the policy directives of the Conservancy, the Executive Director shall
have general supervision over and be responsible for the management and operation of all
Conservancy properties, activities, and facilities. The Executive Director shall execute all
contracts on behalf of the Conservancy after approval by the Conservancy Board. The
Executive Director shall attend all meetings of the Conservancy Board, shall furnish the
Conservancy a quarterly report with respect to the management, operation, and maintenance of
the Park, and the financial condition of the Conservancy, and shall from time to time have
prepared and shall furnish such reports, audits and other information relating to the Park and to
said Conservancy as may be required by the Conservancy Board. In the event that the
Executive Director shall for any reason be temporarily incapable of performing the duties and
functions of the Executive Director, the Conservancy Board may appoint an acting Executive
Director to exercise such powers and to perform such functions and duties until such incapacity
of the Executive Director is no more.

Sec. 38-254. Employment.

Subject to the policy directives of the Conservancy and budget limitations, the Executive
Director shall employ such employees as are necessary to provide for the efficient operation of
the Conservancy, the Park, its grounds, and improvements thereon. Said employees shall be
employees of the Conservancy and shall be afforded no rights or benefits as a City employee.

Sec. 38-255. Encouragement of private enterprise.

The Conservancy shall, to the greatest extent it determines 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, charitable foundations, philanthropic donors, and
sponsorships to defray the cost associated with operation of the Park and the Conservancy’s
responsibilities to the Park and improvements situated thereon. All private enterprise shall be in
accordance with any requirements of public funds expended on the Park.

Sec. 38-256. Charge for use.

A use charge is hereby assessed on all private promoters of events or activities held in the
Park. Revenues from such charge shall be allocated to defray operational costs of the Park.

City of Miami File ID: 6588 (Revision: ) Printed On: 10/1/2019


The charge for use of the Park or portion thereof by private event promoters shall be
established by the Conservancy’s Executive Director at fair market value and may be a
separate charge or may be incorporated as part of an unapportioned user fee. This use charge
shall not be applicable to those events for which prior contractual relationships exist.

Sec. 38-257. Naming rights.

Notwithstanding Section 38-67 of the City Code, as amended, the Conservancy shall have the
power to enter into agreements regarding naming rights for portions of the Park, or any
improvements thereon, provided that the granting of naming rights to any portion results in a fair
market return to the Conservancy. This Section shall not be construed as granting the
Conservancy the power to grant naming rights to improvements within the Park for which prior
agreements thereto exist.

Sec. 38-258. Annual report and audit.

(a) The Executive Director shall submit to the City and to the Conservancy Board 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 Conservancy at any time after reasonable notice
to the Executive Director.

Sec. 38-259. Contributions.

It is the intention of the City Commission that the Conservancy actively solicits contributions and
financial support from private business interests and philanthropic donors, foundations, and any
other governmental authorities. To further this goal, the Conservancy is specifically authorized
to accept donations from private entities to help defray costs associated with the operations of
the Park and capital improvements thereon.

Sec. 38-260. Termination of Conservancy.

The City Commission, by a 4/5ths affirmative vote, may terminate the Conservancy, at which
time the powers and duties of the Conservancy shall revert to the City and the City shall resume
responsibility for the maintenance, operation and management of the Park, provided that any
funds already allocated to the Park by the City or any other governmental entity shall be
expended exclusively within the Park as previously designated by the Conservancy or
governmental entity. Funds raised by the Conservancy from private sources shall be disposed
in accordance with any applicable Federal, State, and Local laws and regulations.

Sec. 38-261. Authorization of the Conservancy to allow the sale and/or dispensation of alcoholic
beverages, including beer and wine, for special events, performances or programs.

(a) Notwithstanding any provision in the City Code to the contrary, the Conservancy,
or its Executive Director, on such special occasions and for such special events, performances
or programs as deemed appropriate by the Conservancy Board, may permit, upon execution of
an application/permit form and upon payment in full of the permit fee to be set by the
Conservancy, the sale or dispensing of alcoholic beverages, including beer and wine, in soft
containers in the Park.

(b) Such sales or dispensing of alcoholic beverages, including beer and wine, 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.

City of Miami File ID: 6588 (Revision: ) Printed On: 10/1/2019


Sec. 38-262. Criteria for denial of permits for use of the Park and its facilities.

To the extent permitted by law, the Conservancy may deny a permit for the use of the Park and
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 Conservancy may also deny a permit for the use of the Park and its facilities on any of the
following grounds:

(a) The application for permit (including any required attachments and submissions)
is not fully completed and executed;

(b) 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;

(c) The application contains a material falsehood or misrepresentation;

(d) The applicant is legally incompetent to contract or to sue and be sued;

(e) The applicant or the person or entity on whose behalf the application was made
has on prior occasions damaged Park or Conservancy property and has not paid in full for such
damage, or has other outstanding and unpaid debts to the City or the Conservancy;

(f) 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 Park or part hereof;

(g) The use or activity intended by the applicant would conflict with previously
planned programs organized and conducted by the Conservancy and previously scheduled for
the same time and place;

(h) 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, or, in
the Conservancy’s judgment, is detrimental to or is not in keeping with the operation of the Park
as a first-class, signature urban park;

(i) The use or activity intended by the applicant would present an unreasonable
danger to the health or safety of the applicant, other users of the Park, Conservancy employees,
or the public;

(i) The applicant has not complied or cannot comply with applicable licensure
requirements, ordinances or regulations of the Conservancy and/or any applicable
governmental entity governing the intended use or activity, including, among others, those
concerning the sale or offering for sale of any goods or services; or

(k) The use or activity intended by the applicant is prohibited by any laws, rules,
regulations, bylaws promulgated by the Conservancy, or conditions contained in the
Management Agreement.”

* * * *

Section 3. All Ordinances or parts of Ordinances or Resolutions that are inconsistent or


in conflict with the provisions of this Ordinance are superseded.
City of Miami File ID: 6588 (Revision: ) Printed On: 10/1/2019
Section 4. 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 5. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2

APPROVED AS TO FORM AND CORRECTNESS:

2This 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 File ID: 6588 (Revision: ) Printed On: 10/1/2019

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