FR.4 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED “PARKS AND RECREATION/BAYFRONT PARK MANAGEMENT TRUST,” BY AMENDING SECTION 38-103, TITLED “GOVERNING BODY” TO ESTABLISH AND APPOINT THE CITY COMMISSION AS EX OFFICIO MEMBERS AND PROVIDE FOR TWO (2) APPOINTMENTS FROM THE CITY’S DISTRICT TWO COMMISSIONER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, the Bayfront Park Management Trust (“Trust”) is a limited agency and instrumentality of the City of Miami (“City”), established under Section 38-101 of the Code of the City of Miami, Florida, as amended (“City Code”) for the purpose of directing, operating, managing and maintaining all aspects of the city-owned property known as Bayfront Park, for the purposes of ensuring maximum community utilization and enjoyment; and

WHEREAS, the City Commission finds it necessary to amend the governance structure of the Trust to ensure alignment with the City's strategic objectives and provides for greater representation of residents within the impacted City District; and

WHEREAS, Section 38-103 of the City Code sets forth the composition, term, and other requirements of the Trust’s governing body; and

WHEREAS, the City Commission deems it beneficial to amend Section 38-103 of the City Code to appoint its own members as ex officio members of the Trust's governing body and to provide for two (2) appointments from the City’s District 2 Commissioner;

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

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

Section 2.  Chapter 38/Article III of the City Code is further amended in the following particulars:

“CHAPTER 38”

PARKS AND RECREATION

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ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST

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Sec. 38-103. – Governing body.

(a) Composition; appointments; term of office.

(1) The trust shall consist of nineseven members.appointed by the city commission. A member of the city commission shall be the chairperson of the trust and the ninth member thereof; five members shall be nominated individually, one each by the city commissioners and four members shall be appointed at large by the city commission.The City Commission, consisting of five members, shall serve as ex officio members of the trust. Additionally, the District 2 Commissioner shall appoint two members (“appointed member(s)”) to the trust (collectively “members” or “trustees”). Each appointed member of the trust shall reside, work, own real property or own a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community.  The chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time.

(2) The term of the city commissioner serving as the ex officio voting member and chairperson of the trust shall be reviewed by the city commission on or about June 1 of each calendar year resulting in the selection of a new chairperson or the reappointment of the existing chairperson to serve as the chairperson of the trust.

(3)(2) Each appointed member shall be named and appointed by the city commissionDistrict 2 Commissioner for a term of one year or until the nominating commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the unexpired term.

(4)(3)The chairperson of the trust shall be selected by the City Commission. In the event of a vacancy in the office of the chairperson, the City Commission shall promptly select a new chairperson to serve the remainder of the term. The chairperson shall serve for a term of one year or until a new chairperson is selected. The chairperson of the trust shall have the power to appoint all members serving on the various committees established by the trust. The city commissiontrustees shall appoint all other officers, including a secretary, from among the trust's members. The chairperson shall serve for one year, and each successor chairperson shall be appointed by the city commission in the manner set forth in subsection (a)(1) of this section.

(5) Duly appointed members of the trust may be referred to from time to time as trustees.

(b) Oath.Upon the effective date of his/her appointment, or as soon thereafter as practicable, each member of the trusttrustee shall enter upon his/her duties but before doing so he/she shall take the oath prescribed by section 41(e) and (f) of the city Charter.

(c) Organization; indemnification.

(1) Quorum and voting.At all meetings of the trust, a majority of those present at a properly noticed meeting shall constitute a quorum for the transaction of business, and each trustee shall have one vote on every issue submitted to a vote of the trust. The act of a majority of the trustees present at a meeting at which a quorum is present shall be the act of the trust. The members of the trust shall make and adopt bylaws and rules and regulations for the trust's governance and for the operation, management and maintenance of the park.

(2) Meetings.The trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the trust shall be public, and written minutes of the proceedings thereof shall be maintained by the trust. All actions taken at the meetings of the trust shall be promptly and properly recorded. The official city policies relating to the attendance of regular board meetings shall be applicable to members of the trust.

(3) Protection from personal liability.The trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such coverage does not apply, the city shall indemnify the trustees in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity.

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Section 3.  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 4.  This Ordinance shall become effective immediately upon final reading and adoption thereof.