CAO 98-26 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
lIE:
Sergio Rodriguez
City Manager
Murray H. Dubbin ~
City Attorney ~
First Assistant City Attorney
C.A.O. NO. 98-26
' C.M.O. NO. 4-8/98
September 10, 1998
DO THE PUBLIC/PRIVATE PARKING GARAGES NEED 1.5% SET ASIDE
FOR ART IN PUBLIC PLACES?
The above-referenced request for legal opinion, and your memorandum dated August 31,
1998, ash if public/private parking garages require the 1.5% set aside (of the construction cost of
the proposed project) for the Art in Public Places Fund, established pursuant to Chapter 82, Article
8, Section 82-536, et seq. of the Miami Beach City Code (Art in Public Places Ordinance).
I believe that question was asked and answered in CAO No. 96-27, dated October 3, 1996.
I am enclosing a copy of that opinion for your review. In brief, our October 3, 1996 opinion stated
that the Art in Public Places Ordinance would apply to City-owned public/private ventures, including
parking garages. However, for public/private projects, the required appropriation of 1.5% of the
construction cost of the proposed project is based solely upon the City funded portion of the
construction cost (see Chapter 82, Article 7, Section 82-587(b)).
Should you have any questions or comments regarding the above, please do not hesitate to
contact me.
CC:
Mayra Diaz-Buttacavoli, Assistant City Manager
Christina M. Cuervo, Assistant City Manager
Julio Grave de Peralta, Engineering and Construction Management Director
Kaslyn Mohamed, Special Projects Coordinator