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61 ORDINANCE NO. _____ _ 2 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. 6 7 WHEREAS, fue 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 fue subsequent period of years; and 11 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 14 15 WHEREAS, the Commission has repeatedly embraced fue goals and principles to 16 integrate green infrastructure and urban sustainability efforts; and 17 18 WHEREAS, fue 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 healfuy urban 20 forests, including being designated as a TREE USA City for 4 years; and 21 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 projects as well as the funding of 26 these projects; and 27 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 fue Trust for Public Lands, through fue development of partnerships for purposes of enhancing 31 fue City funded projects; and 32 33 WHEREAS, as of September 30, 2014, the City'S independently audited general 34 unassigned fund balance was $4,866,929. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 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: 41 42 15B-7 Parks Acquisition, Development, Operation and Maintenance Fund. 43 44 (1 ) Definitions. As used in this ordinance. fue following words shall have 45 the following meanings: 46 "Routine maintenance" means minor repairs and associated tasks necessary to 47 maintain a safe and efficient parks system. The tenn includes: upkeep of parks Page I of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 Connnission 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 Connnission 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 of the 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? Ill. Is the project in an area experiencing growth, particularly an urban village or urban center? iv. Does the project address an immediate health or safety problem, or take advantage of an opportunity that will be lost unless action is taken? v. Does the project contribute to solving major challenges facing our community, such as climate change, the health of our waterways, or growth management? vi. Does the project have the potential to leverage other resources through the actions of other public agencies, funding from public, private or philanthropic partners, and/or in-kind contributions of time and energy from citizen volunteers? Page 2 of4 1 vii. Does the project result in significantly higher operating costs for 2 the City? 3 Vlll. Does the project demonstrate new and creative methods to meet 4 the community's needs for parks and green spaces? and/or 5 ix. Does the project demonstrate a high degree of neighborhood 6 involvement and support? 7 d. Funds unexpended at the end of any budget year shall automatically be 8 carried over to the next budget year. 9 (5) Deposit of Proceeds. Funds from various sources may be deposited into 10 the Parks Trust Fund under this ordinance. Funds may be temporarily deposited or 11 invested in such manner as may be lawful, for the investment of such money and any 12 interest and other earnings shall be deposited in the Fund. Any revenue or taxes and any 13 interest or other earnings from their deposit or investment, deposited in the Fund, shall be 14 applied solely for the projects authorized pursuant to this ordinance, or remain in the 15 Fund until appropriated. 16 (6) Oversight Committee. The Parks and Recreation Oversight Committee 17 ("Committee") is hereby created to review the expenditure of the additional revenue 18 proceeds and resultant interest or investment earnings, to advise upon expenditures and 19 allocations for the following year, and to make recommendations to the City Commission 20 on the implementation of particular projects and on any reallocations in addition to the 21 other duties and responsibilities granted to them by any other ordinance. The Committee 22 shall be comprised of the same members as are on the Parks & Recreation Board who 23 shall have the ex-officio duties of and be members of the Parks and Recreation Oversight 24 Committee. The Committee shall conduct its business at the same time, date and place as 25 the Parks and Recreation Board. The Parks and Recreation Oversight Committee shall 26 continue in existence through December 31, 2018, and thereafter if so provided by 27 ordinance. The number of members of the Committee, who 'appoints or nominates them, 28 including any qualifications required, the term of membership, and quorum for meetings 29 shall be the same as for the Parks & Recreation Board 30 (7)Bond and Notes. To the extent permitted by applicable law, the City may 31 issue bonds, notes, or other forms of indebtedness, payable wholly or in part 32 from the Parks Trust Fund, and apply any such proceeds to the payment of 33 principal, interest on, and premium (if any) on such bonds, notes, or other 34 form of indebtedness and to the payment of costs associated with them. 35 (8) Restrictions: This fund shall not be used for routine maintenance as 36 defmed by this Section. 37 38 Section 2. Codification. The provisions of this ordinance shall become and be made 39 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 40 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word 41 "ordinance" may be changed to "section" or other appropriate word. 42 43 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 44 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 45 shall not affect the validity of the remaining portions of this ordinance. 46 Page 3 of4 1 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 2 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 3 4 Section 5. Effective Date. This ordinance shall become effective upon enactment. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Page 4 of4 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: MIAMI HERALD I MiamiHerald.com • MIAMI-DADE COUNTY BACK-TO-SCHOOL IMMUNIZATION The Florida Department of Health in Miami-Dade Country will be providing free back-to-school immuni- zations for children between the ages of2 months through 18 years old Children can be vaccinated at anyone of four different centers: the West Perrine Health Center, Little Haiti Health Center, North Miami Clinic or Downtown Clinic. For information on their locations and times of oper- ation, call the Florida Depart- ment of Health in Miami- Dade County's Immuniza- tion Program at 786-845-0550. • MIAMI-DADE LOVE THE GLADES SUMMER SYMPOSIUM 500 SW 177th Ave., Miami. For more information, visit lovetheeverglades.org. • COCONUT GROVE YOGA SCHOOL OFFERS FREE THERAPY SESSIONS FOR THOSE WITH PARKINSON'S DISEASE AUM hOMe Shala, a yoga school in Coconut Grove, will hold free training for yoga teachers, yoga thernpists and anyone interested in working with those diagnosed with Parkinson's disease and other neuromotor degenerative diseases. The next session will be held onAug.16, at3104 Florida Ave. in Miami. The series is being funded by the National Parkinson F01Uldation in hopes of pro- viding education for yoga therapists, while empower- ing and improving the quality ______________ SE SUNDAY,AU(iUST ~2~15 J USE NEIGHBORHOOD NEWS • CORAL GABLES GABLES MUSEUM TO HOST MONTHLY BIKE TOUR On Sunday, Aug. 16, the Coral Gables Museum will host its monthly bike tour. This month, the tour will be guided by Coral Gables Fi- refighter and Public Infonna- tion Officer David Perez. Cy- clists will start at the mu- seum, which once served. as the City's first fire station, then travel to Station 1 on Sal- zedo Street The bike tour starts at the Coral Gables Museum, locat- ed. at 285 Aragon Ave., at 10 a.m. The tour costs $10 for adults. $5 for children and $5 for museum members. The Museum presents bike tours the third Sunday of each month. Bikes can be rented across the street from the musuem at No Boundaries Sports, 220 Aragon Ave. Rentals must be arranged in advance of the tour. To RSVP, call 305-603- 8067. For more infonnation, visit coralgablesmuseum.org. • CUTLER BAY CUTLER BAY OPEN GOLF TOURNAMENT SET FOR AUG. 29 The seventh annual Cutler Bay Open Golf Tournament is teed up for Saturday, Aug. 29, at Palmetto Golf Course. The event at 9300 SW I52nd St. has an 8 am. check- in, a 9 a.m. shotgun start and a 1 p.m.luncheon ~th awards. A $65-per-person tourna- ment fee includes: I8-hole four-man scramble, range balls, on-course beverages, awards and a post-tourna- ment luncheon with a cash bar. Foursome sign-ups in- clude a $5 discount per play- er. Make checks payable to the town of Cutler Bay and retwn to the Parks and Rec- reation department at 10100 S'IN 200th St., Cutler Bay, FL, 33189_ For more information, contact the department at 305-238-4166 or visit cutlerbay-fl.gov. • SWEETWATER WOMEN'S PARK TO CELEBRATE 'WOMEN'S EQUALITY DAY' On Saturday, Aug. 22, the Miami-Dade Parks, Recre- ation and Open Spaces De- partment will host the coun- ty's third annual "Women's Equality Day" at The Wom- en's Park on West Flagler Street and 102nd Avenue. The free event conunem- orates the 95th anniversary of the 19th Amendment to the U.S. Constitution. which granted voting rights to u.s. women and continued ef- forts on behalf of equal rights. It is being sponsored by the Miami-Dade County Commission for Women and the League of Women Voters of Miami-Dade County. It will be held from 10:30 a.rn. to 12:30 p.rn. at 10251 W. Flagler St. Those who go will hear from Lynette Long, presi- dent and founder of Equal Visibility Everywhere (EVE), a nonprofit organiza- tion dedicated to achieving gender parity in the symbols and icons of the United States, such as currency, stamps, statues, monu- ments, street names and na- tional holidays. Refreshments will be served. For more informa- tion and to RSVP, contact Laura Marilla at 305-375-4967 or at CFW@miamidade.gov. For directions, call Anne McCudden at 305480-1717. The Love the Everglades Movement will have its sec- ond annual swnmer sympo- siumAug. 22 andAug.29. The event will feature guest speakers, including South Miami Mayor Philip Stod- dard, as well as PechaKucha presentations, physical and digital art displays, work- shops and live entertainment. Oflifefurthose~thParkm-Ii""""""iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii son's disease. The program I also aims to support care- givers, engage the conununi- ty and raise awareness of the efficacy of yoga therapy, ac- cording to the school's Curri- culum Director Melinda Atkins. The free event will take place at the Miccosukee Re- sort & Convention Center, For more information about the training and the free yoga therapy sessions, visit aumhomeshalaorg. ~ &Z" '<i{0J~7 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS IlERE8Y gi",-'11 Ih., tbo City Con'n,j~;o" of lito Ci<y uf Suu'b 1>1i""'i. FllIIid. ",11 conduct Publ;" H",,,;ng(s),"', il> ~"lor f..'1ty CommiSSIon m ... "tin~.""h«l"lod for Tn ... dqr A"fP" IN lfllS begi,ututg IU "til, p.m .. il, ttle City COlnln,",,"" Chnml>cr5. 6130 Son"'" nn>a. 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M.rio "I, )'k"<",le~, CMC CiIyCl,.,.k PIII'S,r."I,,, f'!.";d, S~"",m 286.nttl5. too ("II} h<J\'b; .11>-;, .. ,10< J~'blio Ihal if" pm"" dedd ... 10 'ppe'13ll)' deci'ion ""do by ,hi. fI<>'N,A~"""'y ,'r Comn"",iGn wi,h ""Pl'<t to aDy m,rt"" con,idored '" i"=otin;: o,lmring. he or ,be ... inn=!. =<In] oftbo F"ecdin~' .. aDd tl"" fur suoh I'lUP""C. ,If<<h.'ti prnun m.y '"'0<1 ", o"s"n: thai • ,""'"tun "",on! 01 tho PI""",-'ti,og> " m,uo which "'<.'tIrd incl.d", the leo<tim<>1IY and ",;don"" "ron whi,h lb •• PrO,1 i,to bo "", •• 1. WHAT EDUCATION SHOULD BE! RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, Fi 33146 I Tel. 305.666.1856 RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami. FL 33176 t Tel. 786.300.0300 www.rivieraschools.cOlTIIA(.creditedbyAISF.SACS.MSA.Ai. NCPSA, NIPSA