HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: February 10, 2022
RE:
City of Miami File ID: 11219 (Revision: A) Printed On: 212412022
City of Miami City Hall
3500 Pan Ameican Drive
Legislation Miami, FL 33133
www.miamigov.com
Ordinance
Enactment Number :14047
File Number: 11219 Final Action Date:2/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XVI/SECTION 62-655 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ART IN PUBLIC PLACES
BOARD;" MORE PARTICULARLY BY AMENDING SECTION 62-655(C)(4) TO
SPECIFY THAT THE ART IN PUBLIC PLACES BOARD'S APPROVAL, APPROVAL
WITH CONDITIONS, OR DENIAL OF PROPOSED INSTALLATIONS, DEDICATIONS,
OR DONATIONS OF ART BASED ON THE PUBLIC ART PROGRAM GUIDELINES
AND PUBLIC ART MASTER PLAN IS NOT APPLICABLE TO PROPOSED
INSTALLATIONS, DEDICATIONS, OR DONATIONS OF ART THAT HAVE BEEN
APPROVED BY THE MIAMI CITY COMMISSION; CONTAINING A REPEALER
PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 62/Article XVI of the Code of the City of Miami, Florida, as
amended ("City Code"), titled "Art in Public Places," addresses the City of Miami's ("City") Public
Art Program; and
WHEREAS, Section-655(c) of the City Code details the functions, powers, and duties of
the City's Art in Public Places Board ("AIPPB"); and
WHEREAS, it is in the City's best interest to specify that the AIPPB's functions, powers,
and duties to "approve, approve with conditions, or deny proposed installations, dedications, or
donations of art, based on the public art program guidelines and the public art master plan" is
not applicable to proposed installations, dedications, or donations of art that have been
approved by the City Commission;
WHEREAS, the AIPPB at its meeting on January 10, 2022, following a public hearing,
adopted Resolution No. AIPP-R-22-006 by a vote of four to zero (4-0), Item No. AIPPBA,
recommending to the City Commission approval of the amendment; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on January 19,
2022, following a public hearing, adopted Resolution No. PZAB-R-22-006 by a vote of seven to
one (7-1), Item No. PZAB.1, recommending to the City Commission denial of the amendment;
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 and incorporated as if fully set forth in this Section.
City of Miami File ID: 11219 (Revision: A) Printed On: 212412022
Section 2. Chapter 62/Article XVI/Section 62-655 of the City Code, titled "Art in Public
Places Board," is hereby amended as follows:'
"Chapter 62
Planning and Zoning
ARTICLE XVI.
Art in Public Places
Sec. 62-655. Art in public places board.
(c) Functions, powers, and duties. The AIPPB, with the assistance and recommendations of
the planning department, public art division, and all other city departments, as
necessary, shall have the functions, duties, and powers as follows:
(1) To recommend the public art program guidelines and amendments to the public
art program guidelines thereto to the city commission;
(2) To recommend the public art master plan and amendments to the public art
master plan thereto to the city commission;
(3) To approve expenditures of the public art fund as proposed by the city manager
or his/her designee;
(4) To approve, approve with conditions, or deny proposed installations, dedications,
or donations of art, based on the public art program guidelines and the public art
master plan, unless the proposed installations, dedications, or donations of art
are approved by the City Commission pending the approval of a finalized public
art master plan and public art program guidelines; and
(5) To act on any other art in public places related matter as assigned by the city
commission.
(6) Notwithstanding section 18-115, the AIPPB shall have the authority to accept
donations of art in excess of $25,000.00 in accordance with this article.
Section 3. All Ordinances or parts or Ordinances that are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective retroactively to June 24, 2021.2
' 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 (10)
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
City of Miami File ID: 11219 (Revision: A) Printed On: 212412022
APPROVED AS TO FORM AND CORRECTNESS:
Vyt6riai dez,City Attor iey 1/4/2022 ria i " dez, ity ttor ey 2/1/2022
City of Miami File ID: 11219 (Revision: A) Printed On: 212412022