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Home My WebLink AboutO-14074City of Miami ` Ordinance 14074 Legislation File Number: 11429 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/23/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2/SECTION 2-887 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY/QUORUM REQUIREMENTS; EXCEPTIONS," MORE PARTICULARLY BY INCLUDING THE MIAMI ARTS AND ENTERTAINMENT COUNCIL ("MAEC") ON THE LIST IN SECTION 2-887(B) OF CITY BOARDS SUBJECT TO QUORUM REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE CITY CODE; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 10/SECTION 2- 1141 OF THE CITY CODE TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL/PURPOSE, POWERS AND DUTIES," MORE PARTICULARLY BY ADDING TO SECTION 2-1141(4) THE AUTHORITY TO EXPEND FUNDS IN FURTHERANCE THEREOF AND DELETING FROM SECTION 2-1141(7) THE 501(C)(3) CORPORATION PROVISION AND PROVIDING AUTHORITY FOR THE SOLICITATION AND ACCEPTANCE OF FINANCIAL AND NON- FINANCIAL SUPPORT; FURTHER AMENDING SECTION 2-1143 OF THE CITY CODE TITLED "MEETINGS; QUORUM AND VOTING; ATTENDANCE REQUIREMENTS; PARLIAMENTARY AUTHORITY, RULES OF PROCEDURE; MINUTES; ASSIGNMENT OF STAFF; LEGAL COUNSEL; AND NOTICES AND FILING OF RECORDS," MORE PARTICULARLY BY AMENDING THE MAEC'S QUORUM AND VOTING REQUIREMENTS DETAILED IN SECTION 2-1143(B); FURTHER CREATING A NEW SECTION 2-1144 OF THE CITY CODE FOR THE MAEC TITLED "BUDGET AND FINANCE"; ESTABLISHING A SPECIAL REVENUE FUND ACCOUNT LINE TITLED "CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL"; AUTHORIZING THE CITY MANAGER AND THE NECESSARY CITY DEPARTMENTS TO CREATE THE NECESSARY BUDGETING AND ACCOUNTING STRUCTURES TO ACCOUNT FOR THE MAEC'S FUNDS IN ACCORDANCE WITH THE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; FURTHER DELETING OBSOLETE REFERENCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2, Article XI, Division 10 of the Code of the City of Miami, Florida, as amended ("City Code"), provides for the creation and review of the City of Miami ("City") Arts and Entertainment Council ("MAEC"); and WHEREAS, from time to time the MAEC has had issues with attendance which effects the MAEC's ability to establish quorum and conduct its necessary business; and City of Miami Page 1 of 5 File ID: 11429 (Revision:) Printed On: 71512022 File ID: 11429 Enactment Number: 14074 WHEREAS, Chapter 2, Article XI, Division 2 of the City Code provides for the creation and review of the City's boards generally; and WHEREAS, a change to the MAEC's quorum requires an amendment to Section 2-887 of the City Code to include the MAEC on the list of City boards subject to quorum requirements provided for elsewhere in the City Code; and WHEREAS, the MAEC desires to amend Section 2-1143(b) of the City Code to allow three (3) members present at a meeting to constitute a quorum for the purpose of convening the meeting and to allow a majority of those present and voting to be required for any action to be taken; and WHEREAS, the MAEC desires to amend Section 2-1141(4) of the City Code to include the authority to expend funds in furtherance thereof; and WHEREAS, Section 2-1141(7) of the City Code references the MAEC's maintenance of a separate, non-profit 501(c)(3) corporation for the purpose of seeking funding from outside sources to support major arts and entertainment special events; and WHEREAS, to date, the MAEC has not established a 501(c)(3) corporation; and WHEREAS, the MAEC desires to amend Section 2-1141(7) of the City Code to delete the provision regarding a 501(c)(3) corporation and provide authority for the solicitation and acceptance of financial and non -financial support; and WHEREAS, the MAEC has received funding in a total amount estimated to be Sixteen Thousand Ninety Dollars and Thirty -Seven Cents ($16,090.37) for the above -stated purposes and desires to transfer said funds and any additional funds received by the MAEC to a separate special revenue fund account line to be created and maintained by the City; and WHEREAS, the MAEC desires to create a new Section 2-1144 of the City Code titled "Budget and finance" to provide for a Special Revenue Fund Account Line titled "City of Miami Arts and Entertainment Council", and to have the City Commission approve MAEC's annual budgets and supplements thereto, and for the City Manager to designate the MAEC to expend funds from this account line consistent with its purpose, powers, duties, and City Commission approvals; 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. Section 2. Chapter 2 of the City Code is hereby amended as follows:' "CHAPTER 2 ADMINISTRATION 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. City of Miami Page 2 of 5 File ID: 11429 (Revision:) Printed on: 71512022 File ID: 11429 Enactment Number: 14074 ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-887. Quorum requirements; exceptions. (b) The following boards are subject to quorum requirements as provided for elsewhere in this Code. Audit Advisory Committee Bayfront Park Management Trust Downtown Development Authority Equal Opportunity Advisory Board Mayor's Council on Global Competitiveness Miami Arts and Entertainment Council Miami Technology Council Miami Commission on the Status of Women Miami Forever Bond Program Citizens' Oversight Board Parks and Recreation Advisory Board Street Gedesig Ratierl Review Committee Urban Development Review Board" DIVISION 10. CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL Sec. 2-1141. Purpose, powers and duties. The purpose, powers and duties of the council are: City of Miami Page 3 of 5 File ID: 11429 (Revision:) Printed on: 71512022 File ID: 11429 Enactment Number: 14074 (4) To coordinate and originate cultural and entertainment activities within the city, and to approve the expenditure of funds in furtherance thereof; (5) To qualify community events as being officially recognized; (6) To advocate, seek and encourage public participation in all cultural, fine arts and entertainment events; (7) To I taiTra separate, non_r,rofit 501 (G)(3) norr,oratinn for the P 1FPeso of cooking solicit and accept grants, contributions and financial and non -financial support from individuals, private business interests. the aeneral Dublic. aovernmental entities. coraorations and oraanizations. foundations and other philanthropic entities Sec. 2-1143. Meetings; quorum and voting; attendance requirements; parliamentary authority; rules of procedure; minutes; assignment of staff; legal counsel; and notices and filing of records. (b) Quorum and voting. The-prev+sieps setforth0A sestieA ''�Tthis,artide shall apply to all moo4iRgS of Oho Three (3) members present shall constitute a quorum for the purpose of convening a meeting. A majority of those present and voting is required for any action to be taken by the members. Sec. 2-1144. [?ester ed-Budaet and finance (a) Effective immediately, the Council shall establish a fiscal year which coincides with that of the City. The Council shall submit to the City Commission a budget, in a form acceptable to the City Manager as soon as possible for the fiscal year beginning October 1, 2021, and no later than April 1 for fiscal years after 2021-2022, preceding the commencement of each subsequent fiscal year. Nothing contained herein shall be construed to prohibit the Council from submitting a supplemental budget to the Commission for approval. All funds not expended within a particular fiscal year shall rollover to the next fiscal year. (b) No expenditure shall be made in any given year without approval by the City Commission of the Council's budget and any supplemental budget thereto for that year and all expenditures shall comply with City procedures for acquisition of goods and services pursuant to the City Code. (c) In conjunction with the submission of the budget, the Council shall submit an annual master plan reflecting the proposed operations and activities for the forthcoming fiscal year in accordance with the Council's purposes, powers, and duties as outlined in Section 2-1141 above. Nothing contained herein shall be construed to prohibit the Council from submitting a supplemental annual master plan to the City Commission for approval. The City Commission may review and deny any item contained in the annual master plan and in any supplemental annual master Dlan within thirtv (30) days from the date of its submission by the Council. City of Miami Page 4 of 5 File ID: 11429 (Revision:) Printed on: 71512022 File ID: 11429 Enactment Number: 14074 (d) No provision contained in this division shall be construed to violate the Anti - Deficiency Act, as set forth in Sections 18-500-18-503. (e) There is hereby established a Special Revenue Fund Account Line titled "City of Miami Arts and Entertainment Council" to be maintained and administered by the City. Section 1145. Reserved." Section 3. The City Manager and the necessary City Departments are authorized to establish a Special Revenue Fund Account Line titled "City of Miami Arts and Entertainment Council" and to create the necessary budgeting and accounting structures to account for the MAEC's funds in accordance with the Generally Accepted Accounting Principles. 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 thirty (30) days after final reading and adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: i 4nainndez ity ttor ey 5117/2022 &iria 511712022 2 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 3 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 herein, whichever is later. City of Miami Page 5 of 5 File ID: 11429 (Revision:) Printed on: 71512022