HomeMy WebLinkAboutPre-LegislationJ-02-74
2/14/02
ORDINANCE NO.
12192
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
12192
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2-1143 of said Division are repealed in their entirety.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
2 42
of Miami Arts and Entertainment Council in the following
particulars:l/
"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, 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;
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
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 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
2
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 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. The provisions set forth
in Section 2-887 of this Article shall apply 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 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.
Page 6 of 9
i r;) 't�
A. F+l I,e.� !.;
(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.
*
Section 4. Chapter 2, Article XI, of the Code of the
City of Miami, Florida, as amended, is further amended in the
following particulars:/
*
"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
2 I
*
*
(4) The following Boards shall initially be reviewed in the
following years and shall be reviewed every four years
thereafter:
*
* * * * *
d. 1998:
* * * * * *
8. Cultural and finc art3 board.
48. Independent community redevelopment
agency and U.S. Housing and Urban
Development Funding Policy, Program and
Procedures Review Committee.
49. 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
12192
Section 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof)"
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
February 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 7th day of March , 2002.
ATTEST:
SY IA SCHEIDER
AC ING CITY CLERK
APPROVED TO 'O: AND CORRECTNESS
ILARELLO
CI AORNEY
6 :BSS
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
1219'
SECOND READING DISTRICT 4
ORDINANCE
CHAIRMAN REGALADO
(Al"Y A"1-1VKLNEY,, urr1c:L
MEMORANDUM
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
4
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, reba commis o -fund for the purpose
of securing this . •vertise for pub cation in the said
newspaper.
Sworn
to and subscribed
25 day of FEBRU
(SEAL)
O.V. FERBEYRE p
be ore me this
AV-
AO
rsonal lyOkrFIARY SEAL
RENA
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
(s hereby piverf'that 1Ner r teuVirtaTsilfsn of the City of WGanti,
Ronda, wB ter the and final reading
on Martll"t, 2002 nt
'at a., the - City Commission
Chambers, 3500 Pan American < Drive, Miami, Florida:
t3DDfNANCENO.
AN OR CE OF THE MIAMI CITY AMENDING CHAPTER
2; G Xt, OF THE COIXOF THE CITY OF MIAMI, FLOR-
IDA, ASMENDED, ENTITLED "ADMINISTRATION, BOARDS,
COMlaAITTE'ES, coMMISSfO ' S
10, ENTITLED "CULTURAL Me
GL L.TURAL FINE ARTS AND ENTERTAIN,'
ME 1 f ('C:OUNCILl; (2 T 4
THROUGH 2-1143 IN THE
' STF?'U'TE IN UEU., Pip
F COUNCIL'S
PROVIDE FOR MEMBER
FICA CiF004S,
auotteetcrs, PARUAMEM
2f, '4.
with prol5osbd
peal any dsckfion of the City
corrsidee1str ai" liter
upon which any appeal may.
(*104.52)
2/25
MINUTES,
AMENDING SECTION 2-89
AFE
2
SA
APPOINTMENTS, QUALI-
OF OFFICE, VACANCIES,
VOTING, NDANCE RE -
MY AUTHoiiTY, RULES OF
NNYIENT OF STAFF; LEGAL
IJNG OF RECORDS; AND (4)
OF THE COUNCIL BY
ID CODE; CONTAINING A
SEVERABI-PTY CLAUSE, AND
DATE
Said propoesd ordinances rtrr�� i k epecisdby the tkt tf '
SSO41pan da s,
4-.; ��`,� �Pliday heldsys, t�etvvsari
the
hours of 8 a.m. and 5 p.m. z
Allin a $
and may by heard
persen_deefre.}oaP-
to 1a be -
shell ensure that a verbatim
Including all testimony and evidence
IDER
CLERK
02-4-28,2393i4IA