81 ORDINANCE NO. _____ _
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3 An Ordinance amending Chapter 15B of the City of South Miami Code of
4 Ordinances to add Section 15B-7 and provide for the creation and operation
5 of a Parks Trust Fund.
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7 WHEREAS, the Department of Parks and Recreation requested, and the City
8 Commission approved, the creation of the South Miami Parks and Recreation Master Plan,
9 which outlines acquisition, operation, maintenance, and development efforts to be pursued over
10 the subsequent period of years; and
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12 WHEREAS, in 2015, the City commenced an overall strategy to manage the City's
13 growth through the Parks Master Plan and the Comprehensive Plan; and
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15 WHEREAS, the Commission has repeatedly embraced the goals and principles to
16 integrate green infrastructure and urban sustainability efforts; and
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18 WHEREAS, the City has sustained a 5-year coordinated effort, including City and
19 private funding and a large amount of volunteer support, to restore and maintain healthy urban
20 forests, including being designated as a TREE USA City for 4 years; and
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22 WHEREAS, in September of 2007 the Commission created the Green Task Force
23 Advisory Committee to ensure citizen participation in the policy development of issues relating
24 to the sustainability of the City, including potential acquisition and expansion of parks, open
25 space, boulevards, trails, green infrastructure and recreation proj ects as well as the funding of
26 these projects; and
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28 WHEREAS, the City will seek to leverage City funds through collaboration with other
29 county, state, and federal sources as well as with private and non-profit organizations, including
30 the Trust for Public Lands, through the development of partnerships for purposes of enhancing
31 the City funded projects; and
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33 WHEREAS, as of September 30, 2014, the City's independently audited general
34 unassigned fund balance was $4,866,929.
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36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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39 Section 1. Chapter 15B of the City of South Miami Code of Ordinances is hereby
40 amended to add the following Section 15B-7:
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42 15B-7 Parks Acquisition, Development, Operation and Maintenance Fund.
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44 (1) Definitions. As used in this ordinance, the following words shall have
45 the following meanings:
46 "Green spaces" means open, social or recreational spaces.
47 "Neighborhood parks" includes but is not limited to existing parks, new parks
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identified in City plans, new parks identified in the City Parks Master Plan,
boulevards, street ends and other properties acquired by the City for open-space
and recreational purposes.
"Playfields" includes but is not limited to existing or new athletic fields, open
play spaces, and similar areas, including spectator enhancements such as
seating. Playfields does not include facilities designed for professional sports
organizations.
"Routine maintenance" means minor repairs and associated tasks necessary to
maintain a safe and efficient parks system. The term includes: upkeep of parks
fixtures such as benches, picnic tables, pavement, patching; shoulder repair;
cleaning and repair of drainage ditches, signs, and structures; mowing, litter
cleanup, and other similar activities.
"Parks Trust Fund" as used in this Section shall mean the Parks Acquisition,
Development, Operation and Maintenance Fund
(2) Purpose: The Fund is hereby created for the purposes of acquiring,
developing, operating and maintaining City parks.
(3) Funding Sources: City budgeted funds as well as federal, state, county
and private funding, including the Trust for Public Lands and other similar sources.
(4) Use of Funds. Any monies deposited into the Fund and their interest or
investment earnings shall be applied as follows:
a. Categories, subcategories and projects: The fund has four major
categories: 1) Acquisition; 2) Development; 3) Improvement; and 4)
Opportunity Fund. Each year as part of the City's annual budget process, the
Director of Parks and Recreation (the " Director ") shall submit a proposed
spending plan, including the scope of each anticipated project and allocating
expected new revenues and interest or investment earnings among the
categories, subcategories, and projects for the coming year. Over the term of
the program, funding and expenditures will be consistent with this ordinance,
unless the City Commission by supermajority (4/5) vote determines otherwise.
b. Each proposed project will be included in the City's Capital
Improvement Program, unless subsequently added to this program by the
Commission in compliance with this Section. The proposed scopes of projects
will include recommendations by the Department of Parks and Recreation
through a community process involving the Parks & Recreation Board, and
shall build upon already developed plans where they exist.
c. The Opportunity Fund shall be a fund which will be used to pay
for acquisition projects. In making its recommendations, through the Parks
Director and the City Manager, regarding the funding ofthe Opportunity Fund
projects, the Parks & Recreation Board will consider the following criteria.
i. Has the project been subject to a public review process or is it
consistent with approved plans, such as a neighborhood plan or a sea
level rise or watershed plan?
ii. Does the project address a park or open space deficiency or
underserved community?
111. Is the project in an area experiencing growth, particularly an urban
village or urban center?
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1 iv. Does the project address an immediate health or safety problem, or
2 take advantage of an opportunity that will be lost unless action is taken?
3 v. Does the project contribute to solving major challenges facing our
4 community, such as climate change, the health of our waterways, or
5 growth management?
6 vi. Does the project have the potential to leverage other resources
7 through the actions of other public agencies, funding from public,
8 private or philanthropic partners, and/or in-kind contributions of time
9 and energy from citizen volunteers?
10 vii. Does the project result in significantly higher operating costs for
11 the City?
12 V111. Does the project demonstrate new and creative methods to meet
13 the community's needs for parks and green spaces? and/or
14 ix. Does the project demonstrate a high degree of neighborhood
15 involvement and support?
16 d. Funds unexpended at the end of any budget year shall automatically be
17 carried over to the next budget year.
18 (5) Deposit of Proceeds. Funds from various sources may be deposited into
19 the Parks Trust Fund under this ordinance. Funds may be temporarily deposited or
20 invested in such manner as may be lawful, for the investment of such money and any
21 interest and other earnings shall be deposited in the Fund. Any revenue or taxes and any
22 interest or other earnings from their deposit or investment, deposited in the Fund, shall be
23 applied solely for the projects authorized pursuant to this ordinance, or remain in the
24 Fund until appropriated. The Finance Director is authorized to create other funds,
25 sub funds, or accounts as may be needed to implement the purposes of this ordinance.
26 (6) Oversight Committee. The Parks and Recreation Oversight Committee is
27 hereby created to review the expenditure of the additional revenue proceed and resultant
28 interest or investment earnings, to advise upon expenditures and allocations for the
29 following year, and to make recommendations on the implementation of particular
30 projects and on any reallocations in addition to the other duties and responsibilities
31 granted to them by previous ordinance. The Committee shall be comprised of the same
32 members as are on the Parks & Recreation Board who shall be ex-officio members of the
33 Parks and Recreation Oversight Committee. The Parks and Recreation Oversight
34 Committee shall continue in existence through December 31, 2018, and thereafter if so
35 provided by ordinance.
36 (7)Bond and Notes. To the extent pennitted by applicable law, the City may
37 issue bonds, notes, or other fonns of indebtedness, payable wholly or in part
38 from the Parks Trust Fund, and apply any such proceeds to the payment of
39 principal, interest on, and premium (if any) on such bonds, notes, or other
40 fonn of indebtedness and to the payment of costs associated with them.
41 (8) Restrictions: This fund shall not be used for routine maintenance as
42 defmed by this Section.
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46 Section 2. Codification. The provisions of this ordinance shall become and be made
47 part of the Code of Ordinances of the City of South Miarni as amended; that the sections of this
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1 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
2 "ordinance" may be changed to "section" or other appropriate word.
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4 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
5 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
6 shall not affect the validity of the remaining portions of this ordinance.
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8 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
9 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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11 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: