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HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 10. - CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL Footnotes: (28) --- Editor's note— Ord. No. 12192, §§ 2, 3, adopted March 7, 2002, repealed and reenacted div. 10 to read as herein set out. Formerly, div. 10 pertained to the cultural and fine arts board and derived from Ord. No. 11716, § 3, adopted October 27, 1998. 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. (Ord. No. 12192, § 3, 3-7-02) 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, performance and productions. (2) To make recommendations and guide the mayor, city 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; d. Determining responsibility for provision of indemnification and acquisition of permits for erection, construction, installation and maintenance; e. Providing 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 city; and g. Coordinating activities with programs and support of museums in the city. (3) To coordinate with city departments, as appropriate; (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 solicit and accept grants, contributions and financial and non -financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities; (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: 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 I. Florida Grand Opera (Ord. No. 12192, § 3, 3-7-02; Ord. No. 12976, § 2, 3-13-08; Ord. No. 13309, § 2, 2-9-12; Ord. No. 14074, § 2, 6- 23-22) Sec. 2-1142. - Membership and appointments; qualifications; officers; terms of office and vacancies. (a) Membership and appointments. The council shall consist of 11 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) Six members appointed by the mayor; (2) Five members appointed by each city commissioner. (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 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. (Ord. No. 12192, § 3, 3-7-02; Ord. No. 12976, § 2, 3-13-08) 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 Florida 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 duly noticed. (b) Quorum and voting. Three 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. (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 meetings, 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. (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. (Ord. No. 12192, § 3, 3-7-02; Ord. No. 14074, § 2, 6-23-22) Sec. 2-1144. - Budget 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. 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 plan within 30 days from the date of its submission by the council. (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. (Ord. No. 14074, § 2, 6-23-22)