Miami, FL Establishing a Greenspace Management Fund

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Miami, FL, US

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Type: Ordinance

Status: Adopted on 6/12/08

Source File: http://egov.ci.miami.fl.us/LegistarWeb/Legistar.asp?action=3&mtKey=9388

Text:

File ID 08-00232
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," BY ADDING A NEW ARTICLE ENTITLED "GREENSPACE MANAGEMENT FUND," TO CREATE AN ACCOUNT FOR THE MANAGEMENT OF FUNDS USED FOR THE PRESERVATION OF THE CITY OF MIAMI`S PUBLIC GREENSPACE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Greenspaces contribute to improved air quality, land conservation, wildlife preservation, water quality and the overall quality of life in the City of Miami ("City"); and

WHEREAS, Greenspaces help to manage stormwater, allow for the natural replenishment of groundwater aquifers, provide wildlife habitat, improve air quality and the carbon sequestration capabilities of plants and trees, and provide the natural amenities that make the City a pleasure to live in; and

WHEREAS, Greenspaces can dramatically reduce the investment costs in infrastructure for drinking and wastewater; and

WHEREAS, Greenspaces can reduce energy costs for the City's citizens and businesses and reduce rising temperatures in urban areas caused by increased paving and minimal tree coverage; and

WHEREAS, using Greenspaces to link parks, schools, shopping centers, and work sites will improve community health, decrease driving and its associated carbon emissions and increase livability by encouraging walking or biking within communities; and

WHEREAS, the City, as determined in the 2008 American Forests Urban Ecosystem Analysis study, has a ten percent (10%) tree canopy in some neighborhoods but should, ideally, have a thirty percent (30%) tree canopy; and

WHEREAS, a dedicated funding source is needed to support Greenspaces within the City; and

WHEREAS, the Florida Legislature has adopted Section 369.255, Florida Statutes, enabling local governments to establish a mechanism to provide dedicated funding for the aforementioned activities, when deemed necessary by a municipality; and

WHEREAS, Section 369.255 provides that, in addition to any other funding mechanisms legally available to municipalities to control invasive, non-indigenous aquatic or upland plants and manage urban forest resources, a municipality may create one or more green utilities or adopt fees sufficient to plan, restore, and manage urban forest resources, greenways, forest preserves, wetlands, and other aquatic zones and create a stewardship grant program for private natural areas; and

WHEREAS, Section 369.255 provides that municipalities may create, alone or in cooperation with other counties or municipalities pursuant to the Florida Interlocal Cooperation Act, Section 163.01, one or more greenspace management districts to fund the planning, management, operation, and administration of a greenspace management program; and

WHEREAS, the fees shall be collected on a voluntary basis as set forth by the municipality and calculated to generate sufficient funds to plan, manage, operate, and administer a greenspace management program; and

WHEREAS the Miami City Commission has passed a resolution establishing a new special revenue fund entitled "Greenspace Management Fund," for the maintenance and management of all Greenspace within the City which will consist of funds appropriated from the City, and contributions from public, private, local, state and federal sources; and

WHEREAS the City wishes to establish as part of its code of ordinances an ongoing account to assure the perpetuation of Greenspace in the City;

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 hereby adopted by reference and incorporated as if fully set forth in this Section.

Section 2. Chapter 22.5, of the Code of the City of Miami, Florida, as amended, entitled "Green Initiatives," is amended in the following particulars:1

"CHAPTER 22.5

GREEN INITIATIVES

ARTICLE II. GREENSPACE MANAGEMENT FUND

Sec. 22.5-xxx. Definitions.
The following terms shall have the assigned definitions for all purposes under this ordinance:

Greenspace: The interconnected network of landscapes that serve the residents, businesses, visitors, and future generations of the City by providing natural drainage, clean water, wildlife habitat, and passive recreational opportunities to the City.

Sec. 22.5-xxx Intent.
The Greenspace Management Fund (the "Fund') will serve as an account for the receipt of voluntary contributions and funds appropriated from the City each fiscal year which will be used to acquire, improve, and preserve the City's public Greenspace.

Sec. 22.5-xxx Established.
There shall be established the Greenspace Management Fund. It will be maintained and administered by the City pursuant to this article and used to fund the acquisition, improvement, and preservation of Greenspace in the City, for activities such as:

a. Planting or maintaining trees on City-owned property;
b. Developing multi-use trails to connect City parks, points of interest and existing or proposed trails in adjoining communities;
c. Preserving watersheds, wildlife corridors and other essential components of the natural environment;
d. Restoring the integrity of natural resources in areas that have been degraded or damaged;
e. Maximizing the ability of natural resources to control run-off and flooding;
f. Providing environmental education that promotes the preservation and acquisition of Greenspace;
g. Promoting public and private participation in the stewardship of resources such as forests, watersheds, bays, wetlands, floodplains, groundwater recharge areas, wildlife habitats, urban trees, and open spaces; and
h. Acquiring additional Greenspace.

Sec. 22.5-xxx. Payments to Fund.
Payments into the Fund shall include appropriations from the City general revenue fund, voluntary contributions, including any federal or state moneys, money awarded through grants, fundraising or promotions, including all accumulated interest.

Sec. 22.5-xxx Management.
The Fund will be managed by the City Manager or designee, whose duties shall include:

a. Accounting for deposits and accrued interest and expenditures from the Fund; and
b. Allocating at least eighty percent (80%) of the Fund to Greenspace management during each fiscal year; and
c. Limiting expenditures from the Fund to no more than five percent (5%) of each fiscal year for administrative costs related to reporting and management of the Fund; and
d. Seeking additional funding resources; and
e. Presenting to the City Commission an annual financial report at the close of each fiscal year.

Sec. 22.5-xxx Allowable Expenditures.

a. All Fund transactions shall be made by the City Manager or designee, in accordance with this chapter;
b. Before funds are dispersed, due consideration must be given to written recommendations from the directors of Sustainable Initiatives and Public Works;
c. The City Commission may approve, deny or expedite any expenditure under this chapter; and
d. Approval by the City Commission will be required for those transactions in excess of fifty thousand dollars ($50,000)."

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 thirty (30) days after final reading and adoption thereof.2


1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.

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