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HomeMy WebLinkAbout2006-3507 OrdinanceORDINANCE NO. 2006-3507 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND MEMORIALS", BY AMENDING SECTION 82-501, ENTITLED "GENERALLY", TO PROVIDE THAT THE CITY OWNED BUILDING, LOCATED AT 2200 LIBERTY AVENUE, MIAMI BEACH, FLORIDA, AND HOUSING THE ADMINISTRATIVE OFFICES AND STUDIO AND TEACHING FACILITIES OF THE MIAMI CITY BALLET, PURSUANT TO THE LEASE AGREEMENT BETWEEN THE CITY, AS LANDLORD, AND MIAMI CITY BALLET, INC. AS TENANT, SHALL BE EXEMPT FROM THE PROVISIONS OF SAID ARTICLE VI, FOR SO LONG AS SAID CITY-OWNED BUILDING IS LEASED TO MIAMI CITY BALLET, INC., A NOT FOR PROFIT CORPORATION, AND USED BY THE BALLET FOR THE AFORESTATED PURPOSES AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICTION AND EFFECTIVE DATE. WHEREAS, in an effort to continue to sustain the viability of the Miami City Ballet (the Ballet), and to continue to house the Ballet's headquarters in the City of Miami Beach, the City intends to purchase the current Miami City Ballet studio facility building, located at 2200 Liberty Avenue, which building houses the Ballet's principal headquarters, administrative offices, and studio and teaching facilities (the Building); and WHEREAS, concurrent with the purchase of the Building by the City, the City and the Ballet intend to enter into a long term Lease Agreement, whereby the City, as landlord, will continue to allow the Ballet, as tenant, to occupy the Building; MCB shall continue to operate and maintain the Building for the aforestated purposes; and WHEREAS, prior to acquisition by the City, and therefore prior to becoming "City- owned" property, the Building was designed and constructed by Miami City Ballet, Inc., a not for profit corporation; the portion of the monies used to finance the construction of the Building came in part from private donors and supporterS of the Ballet; and WHEREAS, as a condition of some donations, the Ballet was obligated to grant certain naming rights in the interior and exterior portion(s) of the Building to donors, including, but not limited to, the current name on the Building ("Ophelia and Juan Js. Roca Center"), as displayed on the exterior fa~;ade; and WHEREAS, Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code, establishes certain procedures for the naming of public facilities and establishment of monuments and memorials on City property (the City's Naming Ordinance); and WHEREAS, because, upon acquisition by the City, the Building will become City property, and therefore fall under the purview of the City's Naming Ordinance as a "public facility," the Ordinance would require that any current and future names in the interior and/or exterior portion(s) of the Building either comply with the provisions therein, or be exempted; and WHEREAS, the Ballet has stated its concern that, as existing names on the exterior and/or interior portions of the Building (including the name of the Building as it appears on the exterior facade), were agreed to by the Ballet in exchange for financial consideration from donors, which monies were applied either to fund the initial construction of the Building, or to sustain the Ballet's ongoing operations and programs, these commitments represent binding obligations between the Ballet and such donors, and to remove and/or otherwise alter same could result in a breach of the Ballet's obligations and result in liability; and WHEREAS, additionally, in order to continue to receive sizable donations in the future, which may be conditioned upon the naming of interior and/or exterior portions of the Building, the Ballet, in addition to being allowed to maintain any current names, also seeks the flexibility to pursue such future revenue-generating opportunities without being further restricted by the City's Naming Ordinance; and WHEREAS, it is common practice for cultural institutions to solicit and procure donations in exchange for naming opportunities; and WHEREAS, the Ballet's request for an exemption from the City's Naming Ordinance that the Ballet is consistent with the exemption previously granted to the Bass Museum of Art, another cultural institution which, in order to secure the continued support of some donors (to sustain the viability of the Museum), may be obligated to name a portion or portions of that public facility, in consideration of such financial support; and WHEREAS, the Administration recommends that the exemption requested by the Ballet be granted, provided that it is granted only for so long as the Ballet occupies the Building and remains in good standing, under the terms and conditions of its Lease Agreement with the City; and WHEREAS, upon expiration and/or earlier termination of the Lease, the City may remove any existing names on the interior or exterior of the Building and shall in no way be obligated to maintain any naming commitments incurred by the Ballet. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE. A. That Section 82-501, Chapter 82 of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE VI. Naming of Public Facilities and Establishment of Monuments and Memorials. Sec. 82-501. Generally. No public facility located in or owned by the city shall be named except in accordance with the procedures set forth in this article. No monument or memorial shall be established within the city except in accordance with the procedures set forth in this article. Effective upon adoption of this article, no street located in the city shall be hereafter · named, renamed, or co-named after any person or persons, living or deceased. The Bass Museum of Art and the City-owned building, located at 2200 Liberty Avenue, Miami Beach, Florida (the Miami City Ballet Buildinq), shall be exempt from the provisions of this Article; provided that the Miami City Ballet Buildinq shall only be exempt for so Ionq as (i) said Buildinq is occupied, operated and maintained by Miami City Ballet, Inc., a not for profit corporation; (ii) the Buildinq is used as the principal headquarters, administrative offices, and studio and teachinq facilities of the Miami City Ballet; and (iii) Miami City Ballet, Inc. remains in .qood standinq and free from default~ under that certain Lease Aqreement for the Miami City Ballet Buildinq between the City. as landlord, and Miami City Ballet, Inc., as tenant. The exemption for the Miami City Ballet Buildinq shall automatically terminate upon the earlier of the expiration or other termination of the aforestated Lease Aqreement between the parties (Ord. No. 2000-3266, § 1, 9-27-00) SECTION 2. REPEALER All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 3 SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court or competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this Ordinance. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 18th day of March ,2006. PASSED and ADOPTED this 8th ATTEST: CITY CLERK ~ day of ~ch/~ ,2006 MAYOR David Dermer Robert Parcher F:\atto~GUR\RESOS-ORD\Naming of Public Facilities & Establishment of Monuments (Second Amendment 2-2-06).doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~>~'~~ Murray H. Dubbin, City Attorney DATE: March 8, 2006 SUBJECT: SECOND READING ON AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND MEMORIALS", BY AMENDING SECTION 82-50'1, ENTITLED "GENERALLY", TO PROVIDE THAT THE CITY OWNED BUILDING, LOCATED AT 2200 LIBERTY AVENUE, MIAMI BEACH, FLORIDA, AND HOUSING THE ADMINISTRATIVE OFFICES AND STUDIO AND TEACHING FACILITIES OF THE MIAMI CITY BALLET, PURSUANT TO THE LEASE AGREEMENT BETWEEN THE CITY, AS LANDLORD AND MIAMI CITY BALLET, INC. AS TENANT, SHALL BE EXEMPT FROM THE PROVISIONS OF SAID ARTICLE VI, FOR SO LONG AS SAID CITY-OWNED BUILDING IS LEASED TO MIAMI CITY BALLET, INC., A NOT FOR PROFIT CORPORATION, AND USED BY THE BALLET FOR THE AFORESTATED PURPOSES AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICTION AND EFFECTIVE DATE. In an effort to continue to sustain the viability of the Miami City Ballet and to continue to house the Ballet's headquarters in the City of Miami Beach, the City has been negotiating with the Ballet to purchase the current Miami City Ballet studio facility/building, located at 2200 Liberty Avenue, which building houses the Ballet's principal headquarters, administrative offices and studio and teaching facilities (the Building). Concurrent with the purchase of the Building by the City, the City and the Ballet also intend to enter to a long- term lease, whereby the City, as the landlord, will continue to allow the Ballet, as tenant, to continue to occupy the Building, and operate and maintain the facility for the aforestated purposes. The proposed transaction was conceptually approved by both the Mayor and City Commission and the Miami Beach Redevelopment Agency at their respective meetings on September 21, 2005. Since then, the City Administration and City Attorney's Office have met with the representatives of the Ballet and negotiated the terms of the Purchase and Sale Agreement (for the Building), and a long-term Lease Agreement. Thus far, and as required pursuant to Section 1.03(b)(3) of the Charter of the City of Miami Beach, the terms of the proposed Lease Agreement were approved by a majodty vote of the City's Planning Board at its regular meeting on December 20, 2005. The Lease will be considered by the Mayor and Agenda Item Date City Commission, following a required public hearing, at the City Commission of February 8, 2006. As part of its approval of the proposed Lease, the Planning Board raised the issue that, as the Building, upon purchase by the City, will essentially become a "public facility," it will be necessary for the Building to comply with the City's Naming Ordinance (as codified in Chapter 82, Article VI, § 82-501 thru 82-505 of the City Code). The Ballet has raised the concern that, currently, interior and exterior portions of the Building, including but not limited to the name of the Building on the exterior fa(;ade ("Ophelia and Juan Js. Roca Cente¢') were named by the Ballet, in consideration for monetary donations. These monies were applied by the Ballet toward the construction of the Building, and/or toward the ongoing operation, maintenance of the Building and/or the Ballet's programs. The Ballet has represented that these types of donations (made in consideration for naming opportunities) represent continuing, binding obligations that the Ballet has to said donors. Were the City to require that said names be deleted and/or removed upon the City's purchase of the Building, the Ballet may incur liability. Additionally, the Ballet has requested the flexibility to continue to pursue future donations, in exchange for naming opportunities which may be available either in the interior or exterior portions of the Building. This is a common established fundraising practice among cultural institutions. To that end, it has always been the City Administration's intent in pursuing the purchase of the Building and, in turn, leasing it back to the Ballet for its continued use, to assist the Ballet and allow it to sustain itself as not only a world class cultural institution, but a world class cultural institution that continues to have the City of Miami Beach as its principal headquarters. The City has also recognized the need for cultural institutions to have as much flexibility and options in fundraising; particularly in an ever-competitive market. The City faced a similar situation with the Bass Museum of Art which, as another leading cultural institution which is housed in a City-owned public facility, commonly seeks donations in exchange for naming opportunities (within portions of the Museum). To that end, an exemption in the City's Naming Ordinance was created for the Bass Museum of Art. The Administration supports the Miami City Ballet's request for an exemption from the City's Naming Ordinance. Not only would this satisfy the Planning Board's concerns that the Building "comply" with the City's Naming Ordinance, but the exemption would allow the Ballet to maintain the "status quo" of any existing donations given in consideration of naming opportunities, as well as pursue and anyall other future fundraising opportunities (which may include naming conditions requested by prospective donors). Accordingly, the City Attorney's Office and the Administration have drafted the attached Amendment to the City's Naming Ordinance which, like the Bass Museum of Art, would exempt the Miami City Ballet from the provisions of the Ordinance; provided that such exemption is valid only for so long as the Building continues to be leased to the Ballet and used and operated by the Ballet as its principal headquarters, offices, studio and teaching facilities; and further, that the Ballet remains in good standing pursuant to its Lease Agreement with the City. Additionally, upon the earlier of either expiration of the Lease or other termination, the exemption will automatically terminate. JMG:TH:JD:rlr F:~atto~GUR\RESOS-ORD\MEMOS\commission memo naming ordinance - miami city ballet.doc