Miami-Dade Legislative Item
File Number: 082353
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File Number: 082353 File Type: Ordinance Status: In Draft
Version: 0 Reference: Control: Recreation & Cultural Affairs Committee
File Name: CRITERIA FOR FEE WAIVERS FOR USE OF VIZCAYA Introduced: 8/14/2008
Requester: NONE Cost: Final Action:
Agenda Date: 9/2/2008 Agenda Item Number: 4E
Notes: Title: ORDINANCE AMENDING RULE 9.03 OF SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, PROVIDING CRITERIA FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER WHEN GRANTING FEE WAIVERS FOR USE OF VIZCAYA MUSEUM AND GARDENS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  FEE WAIVER
  VIZCAYA
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Recreation & Cultural Affairs Committee 10/10/2008 3A Amended
REPORT: See Agenda Item 3A Amended; Legislative File No. 082934.

Board of County Commissioners 9/2/2008 Tentatively scheduled for a public hearing Recreation & Cultural Affairs Committee 10/10/2008

Board of County Commissioners 9/2/2008 4E Adopted on first reading 10/10/2008 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Recreation and Cultural Affairs Committee (RCAC) meeting of Friday, October 10, 2008 at 9:30 am.

County Attorney 8/14/2008 Referred Recreation & Cultural Affairs Committee 9/8/2008

County Attorney 8/14/2008 Assigned Thomas W. Logue

Legislative Text


TITLE
ORDINANCE AMENDING RULE 9.03 OF SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, PROVIDING CRITERIA FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER WHEN GRANTING FEE WAIVERS FOR USE OF VIZCAYA MUSEUM AND GARDENS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners has adopted Rule 9.03 to protect the budget of Vizcaya Museum and Gardens by requiring a public hearing and a super-majority vote in order for the Board to grant a fee waiver or reduction; and
WHEREAS, the adoption of specific criteria to govern the Board's discretion to grant fee waivers or reductions would serve to make the process more fair and transparent, limit the potential for over-use of this provision, and protect an important funding source for Vizcaya Museum and Gardens,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Rule 9.03 of section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-1. Rules of procedure of County Commission.

* * *

Rule 9.03 Fee reduction and waiver requests for the use of Vizcaya Museum and Gardens.

(a) All requests for fee reductions and waivers for the use of Vizcaya Museum and Gardens must be submitted to the board for review at a public hearing before the full Commission. Following the public hearing any such fee reductions and waivers will require a two-thirds (2/3rd) majority vote of the board members present. This Rule does not apply when Vizcaya Museum and Gardens' budget is fully reimbursed from another County fund for such fee reduction or waiver. >>The following criteria shall govern the grant of a fee waiver or reduction:

i. Fee waivers and reductions shall be granted only to major cultural, diplomatic, international, military, or other events or conferences involving heads-of-state or other similar individuals that will enhance the visibility of the County as a place to live, work, visit, or invest.

ii. No fee waivers or reductions shall be granted for events whose purpose is, in whole or in part, to raise funds.

iii. Fee waivers and reductions shall be granted only to not-for-profit or governmental organizations, and not to private individuals or for-profit organizations.

iv. Fee waivers and reductions shall not be granted to an organization more than once every two years, as repeat events shall not be based on recurrent complimentary use of this fragile facility.


v. Organizations that are offered fee waivers and reductions shall comply with all Vizcaya Museum and Gardens facility rental rules and regulations and shall sign and be bound by the facility rental agreement, except for the provisions regarding rental fee payment and deposit.

vi. All direct costs that result from the organization's event shall be payable by the organization directly or to Vizcaya Museum and Gardens, including but not limited to tent or equipment rental, hire of police and cleanup crew, and costs of any damages or cleanup by County staff or outside vendors, unless the resolution granting the fee waiver and reduction states that the County will pay such costs to Vizcaya Museum and Gardens.

vii. Organizations requesting a fee waiver or reduction should first attempt to find other public or private ways to fund the Vizcaya fee.<<

(b) Notwithstanding the previous paragraph (a), the County Manager shall be permitted to:

(1) Administratively reduce fees four (4) times during any calendar year and waive fees two (2) times during any calendar year for the use of Vizcaya Museum and Gardens for any nonfundraising events provided that those events are either diplomatic activities or events that benefit the entire citizenry of Miami-Dade County, and annually report the reductions and waiver to the Commission; and

(2) Waive fees for events sponsored by organizations which provide volunteer services to Vizcaya Museum and Gardens or raise funds and provide support for the maintenance of, and improvements to, Vizcaya Museum and Gardens.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, 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 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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