2009-3666 OrdinanceORDINANCE NO. 2009-3666
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 PORTION OF THE CITY OWNED
PROPERTY WITHIN ALTOS DEL MAR PARK (LOCATED
ON COLLINS AVENUE BETWEEN 76 AND 77 STREETS)
TO BE KNOWN AS THE "ALTOS DEL MAR SCULPTURE
PARK," SHALL BE EXEMPT FROM THE PROVISIONS OF
SAID ARTICLE VI, FOR SO LONG AS SAID CITY-
OWNED PROPERTY CONTINUES TO BE OPERATED BY
ALTOS DEL MAR SCULPTURE PARK, INC., A NOT FOR
PROFIT CORPORATION, AS A SCULPTURE PARK
WHICH IS FREE AND OPEN TO THE GENERAL PUBLIC,
AND tN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THAT CERTAIN MANAGEMENT
AGREEMENT BETWEEN THE CITY AND ADMSP, DATED
JUNE 3, 2009; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICTION AND EFFECTIVE DATE.
WHEREAS, the City is the owner of Altos del Mar Park located on Collins
Avenue, between 76th and 77th Street (the "Park"); and
WHEREAS, on June 3, 2009, the City Commission adopted Resolution No.
2009-27100, which approved and authorized the Mayor and City Clerk to execute a
Management Agreement with, Altos Del Mar Sculpture Park, Inc., as the successful
proposer pursuant to Request for Proposals No. 02-07/08 for establishing a cultural arts
themed and/or other passive recreational activities program in Altos Del Mar Park, (the
RFP); and
WHEREAS, pursuant to its Management Agreement with the City, ADMSP shall,
at its sole cost and expense, construct and, thereafter, operate and maintain a public
sculpture park and related facilities (the Sculpture Park) within a portion of Altos Del Mar
Park (the Sculpture Park Premises), to be known as the "Altos Del Mar Sculpture Park";
and
WHEREAS, in order to receive donations toward the development and operation
of the Sculpture Park, which may be conditioned upon the naming of interior portions of
the Sculpture Park Premises, ADMSP, seeks the flexibility to pursue such future
revenue-generating opportunities; and
WHEREAS, as a condition of some donations, ADMSP may be obligated to grant
certain naming rights within the interior portion(s) of the Sculpture Park Premises; and
WHEREAS, it is common practice for cultural institutions to solicit and procure
donations in exchange for naming opportunities; and
WHEREAS, the Management Agreement with ADMSP grants ADMSP the right
to name the interior portions of the Sculpture Park, subject to the City Manager's
approval, with the City reserving the name-in-title rights (to the Sculpture Park itself) and
all revenues derived therefrom; 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, as the Sculpture Park Premises are on City owned property, it
therefore falls under the purview of the City's Naming Ordinance (as a "public facility");
and
WHEREAS, the Naming Ordinance would require that any names to the interior
portion(s) of the Sculpture Park (and/or to the Sculpture Park Premises) comply with the
provisions therein; and
WHEREAS, pursuant to Section 16.2 of the Management Agreement, the City
may elect to amend the City's Naming Ordinance, exempting ADMSP from the
Ordinance; if the City does not accomplish this by December 31, 2009, then ADMSP
may elect to terminate the Management Agreement; and
WHEREAS, exempting the Sculpture Park from the City's Naming Ordinance is
consistent with exemptions previously granted to the Bass Museum of Art and the
Miami City Ballet, cultural institutions which, in order to secure the continued support of
some donors to sustain the viability of the organization, 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 Sculpture Park be
exempted from the Naming Ordinance, provided that the exemption is granted only for
so long as ADMSP operates and maintains the Sculpture Park under the terms of the
Management Agreement, and at all times remains in good standing under all terms and
conditions of said Agreement; and
WHEREAS, upon expiration and/or earlier termination of the Management
Agreement, the City may remove any existing names on all and any portion of the
Sculpture Park (and/or the Sculpture Park Premises), and shall in no way be obligated
to maintain any naming commitments incurred by ADMSP.
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 Arts a~ the City-owned building, located at 2200 Liberty Avenue,
Miami Beach, Florida (the Miami City Ballet Building); and all or any portion(s) of City-
owned property comprising the public cultural facility known as the "Altos Del Mar
Sculpture Park," located within a portion of Altos Del Mar Park on Collins Avenue
between 76t and 77t Street, Miami Beach Florida (the ADMSP Sculpture Park) shall
be exempt from the provisions of this Article_.; tThe Miami City Ballet
Building shall only be exempt for so long as (i) said Building is occupied, operated and
maintained by Miami City Ballet, Inc. a not for profit corporation; (ii) the Building is used
as the principal headquarters, administrative offices, and studio and teaching facilities of
the Miami City Ballet; and (iii) Miami City Ballet, Inc. remains in good standing and free
from defaults under that certain Lease Agreement for the Miami City Ballet Building
between the City, as landlord, and Miami City Ballet, Inc., as tenant. The ADMSP
Sculpture Park shall only be exempt from the provisions of this Article for so long as (i)
the Sculpture Park is occupied, operated and maintained by Altos Del Mar Sculpture
Park, Inc. a not for profit corporation (ii) the Sculpture Park remains free and open to
the general public; and (iii) Altos Del Mar Sculpture Park Inc remains in good standing
and free from defaults under that certain Management Agreement between the City and
Altos del Mar Sculpture Park, Inc. dated June 3 2009 The exemption for the Miami
City Ballet Building shall automatically terminate upon the earlier of the expiration or
other termination of the aforestated Lease Agreement between the parties. The
exemption for the ADMSP Sculpture Park shall automatically terminate upon the earlier
of the expiration or other termination of the aforestated Management Agreement.
(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 19th day of December , 2009.
PASSED and ADOPTED this 9th day of December , 2009
ATTEST:
MAYOR
~~M/ \
CITY CLERK
Robert Parcher
Matti Herrera Bower
F:\info\$ALL\Max\TCDWItos Del Mar Sculpture Park\ADMSP -Naming of Public Facilities Establishment of Monuments (Second
Amendment 2-2-06).doc
4
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
i -~~
ome
COMMISSION ITEM SUMMARY
~o
An Ordinance 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
portion of the City Owned Property within Altos Del mar Park (Located On Collins Avenue Between 76 And 77 Streets) to be known as
the "Altos Del Mar Sculpture Park," Shall Be Exempt From The Provisions Of Said Article Vi, For So Long As Said City-Owned Property
Continues to be Operated By Altos Del Mar Sculpture Park, Inc., A Not For Profit Corporation, As A Sculpture Park Which Is Free And
Open To The General Public, And In Accordance With The Terms And Conditions Of That Certain Management Agreement Between
the City and ADMSP Dated June 3, 2009.
Ke Intended Outcome Su orted:
Increase community rating of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey shows that 73.3 % of residents and 58.7 % of businesses feel the City has the "right amount"
of cultural events available. Residents also attend cultural activities (such as art shows, film festivals and live performances) 10.61
times per year on average. The same survey shows that residents attend museums on average 6.85 times per year. However, 29.3%
of residents also feel the Cit has "too few" museums.
Issue:
Shall the City Commission approve the Ordinance on Second Reading?
Item Summa /Recommendation:
SECOND READING AND PUBLIC HEARING
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for Proposals No. 02-07/08 to establish a
Cultural Arts Themed and/or Other Passive Recreational Activities Program in Altos Del Mar Park, located on Collins Avenue, between
76th and 77th Streets (the RFP). On July 16, 2008, the Mayor and City Commission accepted the recommendation of the City
Manager and authorized the Administration to enter into negotiations with the successful proposer, Altos Del Mar Sculpture Park, Inc, a
not-for-profit Florida corporation (ADMSP). On June 3, 2009, the City Commission adopted Resolution No. 2009-27100 which
approved and authorized the Mayor and City Clerk to execute a Management Agreement with ADMSP.
Pursuant to Section 16.2 of the Management Agreement, the City is required to amend the City's Naming Ordinance, exempting
ADMSP from the City's Naming Ordinance by December 31, 2009. As you may recall, the Management Agreement with ADMSP
grants ADMSP the right to name the interior portions of the Sculpture Park, subject to the City Manager's approval, but the City
reserved the name-in-title rights for the Park and all revenues derived therefrom. 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). The Park is City owned, and therefore falls under the purview of the City's
Naming Ordinance as a "public facility." Therefore, the Ordinance would require that any current and future names in the interior
portion(s) of the Park either comply with the provisions therein, or be exempted. In order to receive sizable donations toward the
development and operation of the Park, ADMSP may be required to name interior portions of the Park.
The ADMSP exemption from the City's Naming Ordinance is consistent with the exemption previously granted to the Bass Museum of
Art and the Miami City Ballet, cultural institutions which, in order to secure the continued support of some donors to sustain the viability
of the or anization, ma be obli ated to name a ortion or ortions of that ublic facilit , in consideration of such financial su ort.
~soara
Financial Information:
Source of Amount Account
Funds: ~
OBPI Total
Financial Impact Summary:
wit ~ierK•s urrice ~e ~slatrve l rackin
Max Sklar, Tourism & Cultural Development Director
Sign-Offs:
Department Director si tant City Manager City Ma ger
,.
~.. J '
T:\AGENDA\2009\December 9\RegularWDMSP -Naming of Public Facilities Establishment of Mo uments Se Bead' g).SUMM.doc
m MIAMIBEACH
AGENDA ITEM ~S C"'
DATE _~~~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~~.
DATE: December 9, 2009
SECOND READING AND PUBLIC HEARING
SUBJECT: 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 PORTION OF THE CITY OWNED PROPERTY WITHIN
ALTOS DEL MAR PARK (LOCATED ON COLLINS AVENUE BETWEEN 76 AND 77
STREETS) TO BE KNOWN AS THE "ALTOS DEL MAR SCULPTURE PARK,"
SHALL BE EXEMPT FROM THE PROVISIONS OF SAID ARTICLE VI, FOR SO
LONG AS SAID CITY- OWNED PROPERTY CONTINUES TO BE OPERATED BY
ALTOS DEL MAR SCULPTURE PARK, INC., A NOT FOR PROFIT CORPORATION,
AS A SCULPTURE PARK WHICH IS FREE AND OPEN TO THE GENERAL
PUBLIC, AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THAT
CERTAIN MANAGEMENT AGREEMENT BETWEEN THE CITY AND ADMSP,
DATED JUNE 3, 2009; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICTION AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the resolution on second reading.
BACKGROUND
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for
Proposals No. 02-07/08 to establish a Cultural Arts Themed and/or Other Passive Recreational
Activities Program in Altos Del Mar Park, located on Collins Avenue, between 76th and 77th Streets
(the RFP). On July 16, 2008, the Mayor and City Commission accepted the recommendation of the
City Manager and authorized the Administration to enter into negotiations with the successful
proposer, Altos Del Mar Sculpture Park, Inc, snot-for-profit Florida corporation (ADMSP). On June
3, 2009, the City Commission adopted Resolution No. 2009-27100 which approved and authorized
the Mayor and City Clerk to execute a Management Agreement with ADMSP.
Pursuant to Section 16.2 of the Management Agreement, the City is required to amend the City's
Naming Ordinance exempting ADMSP from the City's Naming Ordinance by December 31, 2009.
As you may recall, the Management Agreement with ADMSP grants ADMSP the right to name the
interior portions of the Sculpture Park, subject to the City Manager's approval, but the City reserved
the name-in-title rights for the Park and all revenues derived therefrom.
Altos Del Mar Sculpture Park
Naming Ordinance Amendment
December 9, 2009
City Commission Meeting
Page 2 of 2
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). The Park is City owned, and therefore falls under the
purview of the City's Naming Ordinance as a "public facility." Therefore, the Ordinance would
require that any current and future names in the interior portion(s) of the Park either comply with the
provisions therein, or be exempted. In order to receive sizable donations toward the development
and operation of the Park, ADMSP may be required to name interior portions of the Park. In order
to pursue such future revenue-generating opportunities without being further restricted by the City's
Naming Ordinance, ADMSP is seeking an amendment to the City's Naming Ordinance exempting
them from such requirements.
The ADMSP exemption from the City's Naming Ordinance is consistent with the exemption
previously granted to the Bass Museum of Art and the Miami City Ballet, cultural institutions which,
in order to secure the continued support of some donors to sustain the viability of the organization,
may be obligated to name a portion or portions of that public facility, in consideration of such
financial support.
The Administration recommends that the exemption be granted, provided that it is granted only for
so long as the ADMSP occupies the Park and remains in good standing, under the terms and
conditions of its Management Agreement with the City. Upon expiration and/or earlier termination
of the Agreement, the City may remove any existing names on the interior of the park and shall in
no way be obligated to maintain any naming commitments incurred by the ADMSP.
This amendment was approved on first reading at the October 14, 2009, City Commission Meeting.
CONCLUSION
The Ad ~ istration recommends adopting the Ordinance Amendment on Second Reading and
Public ing.
JMG/HM IMAS
T:WGENDA\2009\December 9\RegularWDMSP Naming Ordinance Amendment Memo_Second Hearing.doc.RTf
TMURSD-A'(,'NOVEMBER 19,:2009 I ���
�, MIAMIBEACH
___ _ _- ,
CITY OF MIAMI� H� NGS
NOTICE OF PUB - ne tv�ayor and
NOTICE IS HER.EBY given that second readings and public hearings �nrill be held by`t
Florida, on Wednesday, De��er 09, 2009,
City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, Gity
Hall, 1700 Convention Cenier Drive, Miami Beach,
to consider the following: .
10:15'a.m. -= lo ees' i3etirement Plan Created By Ordinance 2006-
Ordinance Amending The Miami Beach EmP Y ealing A�� Ordinances In
3504;;:Amending A Biuis e snWith The C untr es Of SudanrAn�duleran; RepOf All Assets fnvested In
Companies Do g _ ,
Conflict Therewith:' . � :: ;
Inquiri�s may be directed to;the Legal Department at (305) 673-7470. ,.
10:35 a.m. >.
� Of Miami Beach '8y Amending Claapter 82, "Pubiic
An Ordinance Amending The Code Of TI+e�CitY piVrsio� 6, "Prohibited Signs Over Public
Froperty," Article IV,'`Uses In Public FCights-Of-Way,,,
P.roperty," Section 82-411 To Add An.�em Sectionr13I87 2"Pennantsl Banners, Streame shF ags
9'38, "Signs," Article .111, "Prohibited Signs,
Anii Ffagpoles . To'Create AProcedure For Temporary Flags And Flagpoles A�d To Clarify Tha
The Section 'ApPlies To Flags Of Nationaliy Or Internationaily Recognized Symbols Of Cultural
Diversity. ; , � _ '
Inquiries m�y be directed to the Planning Department at (305) 673-7550.
j� 10:40 a.m. _ . � �' s B Amending
�Sr An Ordinance Amertding Chapter'82 Of The City Code,=Entitled "Pubiic`Prop �'tY."' �'
.qrticle VI, Entitled t on 82 501, Entitleda Generally," Tot Prov de Tt�at�he Po ion Of The C ty Owned
By Amending Sec
Rroperty Within Altos Del Mar P.ar k, ( Loc a t e d O n C o i l i n s A v e n ue Between 76 And 77�Streets) o
Continues To Be Operated By Attos.Del
Be Known As The "Altos De� Mar SculoWnedaProperty i Be �empt From "fhe Provisions. O f S a i d
ArtiCle Vi; For So Con g As Said CitY-
iVlar Sculpture Pneral Publ cNAnd nrAccolyd n e�W th The TermsuAnd Conditions10f ThatrCertan
Open To The Ge -
Management Agreement.Between The City And-ADMSP, Dated June 3, 2009. #
Inquiries may be directed to theTou�ism and'Cultural Development Department at (305) 673-7577.
��:50 a_m; , . Code Entitled'"Miscellaneous
An Ordinance Amending Chapter 70 Of The Miami Beach City •' To Remove Graffiti;_ -
Offenses"; By Amending Arficle III, Entdled "Graffiti"; By Amending DfOvWne �s)Entitled "Ge O�ners
By Amending Section 70-126, Entitled "Resp Amend ng he Resp nsibilities Of Property
Graffiti Removai And Notice; Enforcement" By ; ,,E
With Regard To The Abatement Of Graffiti And Amending Enforcement Frovisions.
Inquiries may be directed to the Code Cornpliance Department at (305) 673 7555. -
11:00 a:rrr:
Ordinance-Amending Chapter �2� � Nam'eyAnd At onHereinafter,Refer TolThe�P ov snons90f �h d
II,,Section 62-32 The�ein ,To F -Y � The:Existing Provisions And;
Articie ,(And Sections Thereto) AsrThe "GitY--Of Miami Beach Human Rights Ordinanc�;
Amending Article ll, Sections 62=31 Through 62 66,'To Amending
Where'Noted, Creating New Pro IaintsSHear ng Procedu es rAnd P alt es�'Qnd Provid ng Fu rther
Complaints, Mediation Of Comp �--
°For Codification. . :
Inquiries'may be�;directed to the Legal Department at'(305) 673-�4�70bQ represented by an .agen#,
►NTERESTED PARTtES are invited to appear;�t'.this meeting, �lerk, 1700
orto express their views �n;wr�tin,g atldressed to the City Cs�+nmiss�on c%'the=City
Convention Center Dri�re, "1 st Floor, -City Hatl, M���no�-°�hbus nFe s hours �in the �i#YfC e�
ordi�ances are-avai�ab�e`for puhiic inspaction durmg
Office, 1700 �be contt nued and �u der such ��rcumstanc'es ��dd ionalBegal ntit�ce vao� d not bB
meeting may � h . M � -
.. •, -
provided. � µ Robert E.�Farcher, City Clerk
City of MiaFni Beach
Pursuant to SeCtion 281
to appeal any decision
meeting or its hearing
made, which record in
This notice does no# c
inadmissible or�irrelev
05, Fla. Slat., the City hereby advises the public that: if a person decides
9e-by the.�ity:Commi�sia� with respect to any-matter co roc� naStts
ch per"son must ensure�hat a�rerbatim.�-ecnrd °f:��a' �s�to�be.ba ed.
Ies the testimorry and �videnc�e upon wbich the app
... _�,.,.�.;�•r,� tha Citv:for the jntrodu�iion or �idr�nission oFf �nprwi�e
To request this matenai m-a�cd�a�� � .�� �.,�.� --� - _ .� ... _..,
persons with disabilities,�arrd/oranY'aae°mmodation to review ��Y 305 673-7.218;(TTI� fi�re;daqs
city-sponsored proceeding, please contact (305) 604-2489 (�roice), .( }
in advance to initiate your request. TTY users may also call 711 (Florida Relay Servi�e)•
i4d #581