Rescinding resolution no. 94-204 and authorizing and directing the city manager to assume the…

AGENDA ITEM COVER PAGE File ID: #16386 Resolution Sponsored by: Commissioner Damian Pardo MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 94-204 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ASSUME THE CONTROL AND MANAGEMENT OF THE CITY-OWNED PROPERTY LOCATED AT 1095 BISCAYNE BLVD, MIAMI, FL 33132, ALSO KNOWN AS MAURICE A. FERRE PARK, FORMERLY KNOWN AS MUSEUM PARK AND BICENTENNIAL PARK (“PARK”); PROVIDING THAT THE BAYFRONT PARK MANAGEMENT TRUST IS NO LONGER AUTHORIZED TO CONTROL OR MANAGE THE PARK; PROVIDING FOR THE TRANSFER OF FUNDS BUDGETED, ALLOCATED, APPROPRIATED, RECEIVED, OR CONTRIBUTED FOR THE MANAGEMENT, MAINTENANCE, AND OPERATIONS OF THE PARK TO A SPECIAL REVENUE ACCOUNT HELD BY THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO ASSUME ANY CONTRACTS RELATED TO THE MANAGEMENT, MAINTENANCE, AND OPERATIONS OF THE PARK ON BEHALF OF THE CITY, INCLUDING ANY RENEWALS, EXTENSIONS, MODIFICATIONS, OR AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR THE PURPOSE OF THIS RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 16386 Final Action Date: MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 94-204 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ASSUME THE CONTROL AND MANAGEMENT OF THE CITY-OWNED PROPERTY LOCATED AT 1095 BISCAYNE BLVD, MIAMI, FL 33132, ALSO KNOWN AS MAURICE A. FERRE PARK, FORMERLY KNOWN AS MUSEUM PARK AND BICENTENNIAL PARK (“PARK”); PROVIDING THAT THE BAYFRONT PARK MANAGEMENT TRUST IS NO LONGER AUTHORIZED TO CONTROL OR MANAGE THE PARK; PROVIDING FOR THE TRANSFER OF FUNDS BUDGETED, ALLOCATED, APPROPRIATED, RECEIVED, OR CONTRIBUTED FOR THE MANAGEMENT, MAINTENANCE, AND OPERATIONS OF THE PARK TO A SPECIAL REVENUE ACCOUNT HELD BY THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO ASSUME ANY CONTRACTS RELATED TO THE MANAGEMENT, MAINTENANCE, AND OPERATIONS OF THE PARK ON BEHALF OF THE CITY, INCLUDING ANY RENEWALS, EXTENSIONS, MODIFICATIONS, OR AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR THE PURPOSE OF THIS RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami (“City”) owns the property located at 1095 Biscayne Blvd, Miami, FL 33132, also known as Maurice A. Ferre Park, formerly Museum Park and Bicentennial Park (“the Park”); and WHEREAS, the City previously adopted Resolution No. 94-204, which provided for the Bayfront Park Management Trust to assume control and take responsibility for the operation and maintenance of the Park; and WHEREAS, the City Commission has determined that it is in the best interest of the City to rescind Resolution No. 94-204 and to authorize and direct the City Manager to assume the control and management of the Park; and WHEREAS, the City Commission has further determined that the Bayfront Park Management Trust is no longer authorized to control or manage the Park; and WHEREAS, the City Commission has determined that any funds currently budgeted, allocated, appropriated, received, or contributed for the management, maintenance, and operations of the Park should be transferred to the City to be held in a special revenue account; and WHEREAS, the City Commission has determined that the City should assume any contracts related to the management, maintenance, and operations of the Park;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. 94-204 is hereby rescinded. Section 3. The City Manager is authorized1 and directed to assume the control and management of the City-owned property located at 1095 Biscayne Blvd, Miami, FL 33132, also known as Maurice A. Ferre Park, formerly Museum Park and Bicentennial Park. Section 4. The Bayfront Park Management Trust is no longer authorized to control or manage the Park. Section 5. Any funds currently budgeted, allocated, appropriated, received, or contributed for the management, maintenance, and operations of the Park shall be transferred to the City and held in a special revenue account for the Park's management, maintenance, and operations. Section 6. The City Manager is further authorized1 to assume any contracts related to the management, maintenance, and operations of the Park on behalf of the City, including any renewals, extensions, modifications, or amendments, all in forms acceptable to the City Attorney, as may be deemed necessary for the purpose of this Resolution. Section 7. The City Manager is further authorized1 to execute any and all documents, all in forms acceptable to the City Attorney, as may be deemed necessary for said purpose. Section 8. This Resolution shall become effective upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including, but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.