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Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 07-01449 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL," BY
AMENDING SECTIONS 2-1142 AND 2-1143; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Ordinance No. 12192, adopted March 7, 2002, the City Commission
repealed and reenacted Division 10 of Article XI, Chapter 2 as it pertained to the Cultural and Fine Arts
Board, thereby creating the City of Miami Arts and Entertainment Council ("A and E Council"); and
WHEREAS, the A and E Council requires a clarification in its quorum requirements and
appointment of members in order to better carry out its stated purposes;
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. Chapter 2, Article XI, Division 10 of the Code of the City of Miami, Florida, as amended,
is further amended 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
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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, 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; and
f. Recommending acquisition of works of art by the city to be used and made available for the cultural
betterment of the city;-aad
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:
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
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
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determined and approved by the city commission, composed as follows:
(1) Five Six members appointed by the mayor;
(2) Six Five members appointed by each the city commissioner with the chairperson of the city
commission nominating two individuals and the remaining four commissioners nominating one
individual each; a -Rd
(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.
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.
meetings of the council.
(b) Quorum and voting. At all properly noticed meetings of the council, a minimum of five members of
the council shall constitute a quorum for the transaction of business. Each council member present
shall have one vote on every issue submitted to a vote of the council. The act of a majority of the
council members present at a meeting at which a quorum is present shall be the act of the council.
The council shall not vote on any issue if less than five members of the council are present at a
properly noticed meeting.
(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
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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.
*
*II
Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORG
CIT
.FERNANDEEZZ
T ORNEY , X r
Footnotes:
{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.
{2}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.
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