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Home My WebLink AboutO-12192J-02-74 2/14/02 ORDINANCE NO. 1.2 119 2 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS," TO: (1) RENAME DIVISION 10, ENTITLED "CULTURAL AND FINE ARTS BOARD" TO THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL ("COUNCIL"); (2) REPEAL SECTIONS 2-1140 THROUGH 2-1143 IN THEIR ENTIRETY; AND (3) AND SUBSTITUTE IN LIEU THEREOF NEW SECTIONS 2-1140 THROUGH 2-1143, TO CREATE, ESTABLISH, AND SET FORTH THE COUNCIL'S PURPOSE, POWERS AND DUTIES, PROVIDE FOR MEMBERSHIP AND APPOINTMENTS, QUALIFICATIONS, OFFICERS, TERMS OF OFFICE, VACANCIES, MEETINGS, QUORUM AND VOTING, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY, RULES OF PROCEDURE, MINUTES, ASSIGNMENT OF STAFF, LEGAL COUNSEL, NOTICES AND FILING OF RECORDS; AND (4) PROVIDE FOR "SUNSET" REVIEW OF THE COUNCIL BY AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 11716, adopted October 27, 1998, the City Commission established the Cultural and Fine Arts Board to make recommendations and guide the City Commission for the City's acquisition, placement, and participation in events related to cultural and fine arts; and 121.92 WHEREAS, the City Commission recognizes the City of Miami's worldwide standing as a cosmopolitan, multi -cultural center of music theater, dance, visual arts, and cultural and fine arts related activities; and WHEREAS, the City Commission wishes to expand the functions of the Cultural and Fine Arts Board to include advocacy for entertainment -related special events, businesses and organizations, as well as cultural and fine arts related issues; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Division 10 of Chapter 2, Article IX, of the Code of the City of Miami, Florida, as amended, entitled "City of Miami Cultural and Fine Arts Board" is renamed as the City of Miami Arts and Entertainment Council and Sections 2-1140 through 2-1143 of said Division are repealed in their entirety. Section 3. The Code of the City of Miami, Florida, as amended, is further amended by substituting in lieu thereof new Sections 2-1140 through 2-1143 to create and establish the City Page 2 of 9 [J�p1 of Miami Arts and Entertainment Council in the following particulars: 1/ "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 10. CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL Sec. 2-1140. Created and established. A limited agency and instrumentality of the City to be known as the "City of Miami Arts and Entertainment Council ("Council") is created and established. Sec. 2-1141. Purpose, powers and duties. The purpose, powers and duties of the Council are: (1) To serve in an advisory capacity and make recommendations and guide the Mayor, City Commission and City Manager regarding endorsement or support of specific art and entertainment special events, performances and productions. (2) To make recommendations and guide the Mayor, Cit Commission and City Manager in their determinations as to whether any specific art shall be accepted or acquired by the City by: a. Evaluating the appropriateness of the design of proposed art; b. Determining a proper location for such art; C. Evaluating the costs for erection, construction, or installation and annual maintenance costs of such art: 1/ Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 3 of 9 jJ d. Determining responsibility for provision of indemnification and acquisition of permits for erection, construction, installation and maintenance; e. Providin2 information to those making donations of the technical standards and types of permits required by the City for the erection, construction, or installation of such art; f. Recommending acquisition of works of art by the City to be used and made available for the cultural betterment of the Citv; and Establishing a Miami Art Museum and such branches as are necessary, subject to approval of the City Commission; (3) To coordinate with City departments, as appropriate; (4) To coordinate and originate cultural and entertainment activities within the City; (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 organize host committees and seek funding from corporations, professional firms, foundations, individuals and other sources to support major arts and entertainment special events; (8) To appoint artists, entertainers or other knowledgeable individuals as honorary Council members, who shall advise and assist the Council in the furtherance of its duties. (9) To serve as the City's official liaison with major arts and entertainment facilities and organizations to attract art and entertainment programs of other governmental, private or public agencies to the City, including, but not limited to. Page 4 of 9 4 ,21 a. Gusman Center for the Performing Arts b. James L. Knight Center C. Tower Theater d. Manuel Artime Center e. Coconut Grove Playhouse f. New World School of the Arts g. Miami Film Festival h. Performing Arts Center i. Miami City Ballet j. Florida Philharmonic k. New World Symphony 1. Florida Grand Opera Sec. 2-1142. Membership and appointments; qualifications; officers; terms of office and vacancies. (a) Membership and appointments. The Council shall consist of eleven members who shall serve without compensation, but shall be reimbursed for necessary expenses incurred in official duties, as may be determined and approved by the City Commission, composed as follows: (1) Five (5) members appointed by the Mayor; (2) Six (6) members appointed by the City Commissioner with the Chairperson of the City Commission nominating two individuals and the remaining four Commissioners nominating one (1) individual each; and (b) Qualifications. (1) The provisions set forth in Section 2-884 of this Article shall apply to all members of the Council. (2) In addition, each member of the Council must possess some specific knowledge, experience, training or teaching in the field of art or entertainment; and (c) Officers. The Mayor may appoint the Council's Chairperson. If the Mayor does not appoint the Chairperson, the Chairperson of the City Commission shall make such appointment. A Chairperson of the Council shall not serve more than four years as Council Chairperson. The Chairperson of the City Commission shall select and designate a Vice -Chairperson from Page 5 of 9 among the Council's members. The Vice -Chairperson shall serve as -Chairperson of the Council during the Chairperson's absence. Other officers as deemed necessary shall be designated and serve at the pleasure of the Council. (d) Terms of office and vacancies. The provisions set forth in Section 2-885 of this Article shall apply to all members of the Council. 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. (a) Meetings. The Council shall hold at least one regularly scheduled meeting each month, except during the month of August Other meetings of the Council may be scheduled at the call of the Council's Chairperson. All meetings shall be open to the public and are subject to the Florida Sunshine Law or F7nriH;; Public Records Law. The meetings shall be held at City Hall, located at 3500 Pan American Drive, Miami, Florida, unless the Council elects to hold a meeting at another location and such location has been dui noticed. (b) Quorum and voting. The provisions set forth in Section 2-887 of this Article shall a221Y to all meetings of the Council. (c) Attendance requirements The provisions set forth in Section 2-886 of this Article shall -apply to all members of the Council. (d) Parliamentary authority; rules of procedure The Council shall use Roberts Rules of Order (current edition) as its parliamentary authority, or may adopt its own order of business and rules of procedure governing its meetin s, and actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. (e) Minutes. Copies of minutes of all Council meetings shall be furnished to the Mayor, Commissioners and the City Manager. Page 6 of 9 (f) Assignment of staff. It shall be the duty of the City Manager to provide administrative support to the Council, which shall include the services of an individual to keep minutes of meetings, maintain Council correspondence, post meeting notices, file reports and perform all other necessary support functions. (g) Legal Counsel. The City Attorney shall serve as legal counsel to the Council. (h) Notices and Filing of Records The provisions set forth in Section 2-888 of the City Code shall apply to the Council. Notice of meetings shall be posted by the City Clerk at City Hall and other appropriate locations after being apprised by the Council of an upcoming meeting(s) Advertised public notice of meetings are not required. It shall be the duty of the City Clerk to comply with applicable laws related to filing of records and Section 2-889 of the City Code. City of Miami, Florida, as amended, is further amended in the following particulars :21 "Chapter 2 ADMINISTRATION Article XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-892. "Sunset" review of Boards. Commencing with the year 1995, each city Board shall be reviewed in the following manner: 2/ Ibid. Page 7 of 9 Section 4. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars :21 "Chapter 2 ADMINISTRATION Article XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-892. "Sunset" review of Boards. Commencing with the year 1995, each city Board shall be reviewed in the following manner: 2/ Ibid. Page 7 of 9 (4) The following Boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: d. 1998: 8. Gultural and fine arts beai=el--. -98. Independent community redevelopment agency and U.S. Housing and Urban Development Funding Policy, Program and Procedures Review Committee. 349. Community relations board. h. 2002: 1. City of Miami Arts and Entertainment Council. hi. 2007: Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 8 of 9 Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.31 PASSED ON FIRST READING BY TITLE ONLY this 14th February 2002. day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 7th day of March , 2002. ATTEST: SfING SCHEIDER ACITY CLERK APPROVED LARELLO I WU,-S6 :BSS AND CORRECTNESS tNUEL A. DIA7 3/ 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. Page 9 of 9 SECOND READING DISTRICT 4 ORDINANCE CHAIRMAN REGALADO MFMORANDUM - TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello City Attorney DATE: February 28, 2002 RE: Second Reading Ordinance for City Commission Meeting of March 7, 2002 Item District 4(B) - Change of name for proposed new Council to the City of Miami Arts and Entertainment Council (J-02-74) At the February 14, 2002 City Commission Meeting, the City Commission passed a first reading ordinance to expand the duties of the City of Miami Cultural and Fine Arts Board and to rename the Board as the City of Miami Cultural, Fine Arts and Entertainment Council. Consequently, Commissioner Tomas Regalado has requested that the name the City of Miami Cultural, Fine Arts and Entertainment Council be renamed as the City of Miami Arts and Entertainment Council when submitted to the City Commission for second reading consideration. The attached proposed ordinance has been modified to address Commissioner Regalado's request and has been submitted to the Agenda Coordinator for placement on the March 7, 2002 City Commission Meeting. W678:BSS c: Carlos A. Gimenez, City Manager Sylvia Scheider, Acting City Clerk Elvi Alonso, Agenda Coordinator 12192 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of #10452 CITY OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCE in the XXXX Court, was published in said newspaper in the issues of 02/25/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebs commis ' o fund for the purpose of securing this vertise for pub cation in the said newspaper. Sworn to and subscribed before me this 25 day of FEBRU/k,W , A. (SEAL) O.V. FERBEYRE p rsonally kW" ENA L NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 P.I is f1MCs1!!r pivarf'tf>s iNerr1eM6n of the Cay of Miami, Rork%, V 3r thq Vii¢- cn and f road Madkv on Marc�`►"�,TJ02 �iindn4`at Id 00 tllitl.; the Cay Commission Chambers; 3W Part AMMiMIrk D ive: Miami; Florida: 040 ANCE NO. ANORO CEE OF Tt_ VIAMI CITY AMENDING CHAPTER 2 Adm Xi, CO OF THE GITY OF MIAK F1.OR- 1na' akAi*; ]ED_ FNTITLEE1 "ADMINISTRATION, BOARDS, 6KMRTAIN+f ;.1 THROUGH 2-1143 IN THE ENT*ff-,a . _ -_M" willi STITUTE yIN LIEU _ TI 4OF � _i.. y..�.:.., .. fi. .. PROVIDE FOR MEMBER SAND APPOWI MENTS, cat1Al J- FK;A OF OFMF VACANCIES, VOTING, NDANCE RE- QUAENTB, PAALIAME ARY AA VOTING, RULES OF P INN NfaMENT OF STAFF, LEGAL IURIfs OF RECORDS; AND (4) OF THE COUNCIL BY AMENDING SECTIKO)N t 2 SAID CODE; CONTAINING A RF:9&&LFRd9R0VISI8N. A ISEVERABILITY CLAUSE, AND PAftWPOWAS9FFECNM DATE Said proposed orOWnwinwees bo inspaalbdbf thett* OfMe9I,,. �6pp$artAi'tttrDrlve;'�`' da, ►y, xdudkV tollliftys, between the hours of,B a.m. and 5 p.m. z All InNagy appr�ar and may by heard with io1 firo)066if pepgrt_ esirq}oaP' Peal any doci fion of" Cay to owwo r to be emoklered at tlrkrrnalMla shall oileitre #W a vsrbbtim recordw (ttB W"m*q SM *8*1`110rty and evidence upon which any appealmey.be S1�.Ylp1 IDER ACEN�GCLERK (#10452) 22502-+t- 74M ?125