HomeMy WebLinkAboutPre-LegislationA RESOLUTION OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT
COUNCIL, A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF
MIAMI, FLORIDA ("MAEC"), AUTHORIZING THE PREPARATION AND
SUBMITTAL OF AN ORDINANCE TO 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 "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 "PURPOSE, POWERS AND
DUTIES," MORE PARTICULARLY BY DELETING FROM SECTION 2-1141(7)
OF THE CITY CODE THE 501(C)(3) CORPORATION PROVISION; 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) OF THE CITY CODE;
AND 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.
WHEREAS, Chapter 2, Article XI, Division 10 of the Code of the City of Miami, Florida
("City"), as amended ("City Code"), provides for the creation and review of the City of Miami 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
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 2-1.143(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, 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
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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
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 RESOLVED BY THE MIAMI ARTS AND ENTERTAINMENT
COUNCIL:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted and incorporated as if fully set forth in this Section.
Section 2. The MAEC hereby authorizes preparation and submittal of an Ordinance
amending Chapter 2/Article XI/Division 2/Section 2-887 of the City Code titled "Quorum
requirements; exceptions," more particularly by including the MAEC on the list in Section 2-
887(b) of City boards subject to quorum requirements provided for elsewhere in the City Code.
Section 3. The MAEC hereby authorizes preparation and submittal of an Ordinance
amending Chapter 2/Article XI/Division 101Section 2-1141 of the City Code titled "Purpose,
powers and duties," more particularly by deleting the 501(c)(3) provision from Section 2-1147(7)
of the City Code.
Section 4. The MAEC hereby authorizes preparation and submittal of an Ordinance
amending Chapter 2/Article XI/Division 10ISection 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) of the
City Code.
Section 5. The MAEC hereby authorizes preparation and submittal of an Ordinance
creating a new Section 2-1144 of the City Code for the MAEC titled "Budget and finance."
Section 6. The MAEC hereby authorizes preparation and submittal of an Ordinance
establishing a special revenue fund account line titled "City of Miami Arts and Entertainment
Council."
Section 7. The MAEC hereby authorizes preparation and submittal of an Ordinance
authorizing the City Manager and the necessary City Departments to create the necessary
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budgeting and account structures to account for the MAEC's funds in the accordance with the
generally accepted accounting principles.
Section 8. This Resolution shall become effective immediately upon its adoption by the
MAEC.
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