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97-3075 ORD ORDINANCE NO. 97-3075 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING AND ESTABLISHING THE MIAMI BEACH CULTURAL ARTS COUNCIL; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR THE COMPOSITION, QUALIFICATIONS, APPOINTMENT, TERM, AND REMOVAL OF MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE COUNCIL; PROVIDING FOR STAFF SUPPORT; SETTING FORTH THE POWERS, PURPOSES AND DUTIES OF THE COUNCIL; PROVIDING FOR MEETINGS, COMMITTEES AND THE PROMULGATION OF RULES AND REGULATIONS FOR THE COUNCIL; PROVIDING FOR FUNDING; PROVIDING FOR AN ANNUAL REPORT AND AUDIT; PROVIDING FOR LEGAL COUNSEL; AND CONTAINING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the cultural arts in the City of Miami Beach have emerged as a regional resource and have contributed greatly to the success and international fame of Miami Beach; and WHEREAS, there is currently an ongoing "cultural boom" in the City, occurring in and around the City Center/Historic Convention Village and its environs, which include the Miami Beach Convention Center, Jackie Gleason Theater of the Performing Arts (TOPA), and the Lincoln Road area; and WHEREAS, as the areas in and around the Miami Beach Convention Center, TOP A, and Lincoln Road have emerged as an important arts and cultural center, it is further evident that this influence has expanded throughout the City, and the substantial attraction of burgeoning museums, exhibition halls, and cultural arts organizations and activities has been of beneficial influence by way of an increased visitor and convention/group interest in the entire City and, of course, the Convention Center and TOP A; and WHEREAS, the continued success and growth of cultural activity and of the arts is fundamental to the long-term prosperity and stability of the City of Miami Beach and is important to all Greater Miami. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The Miami Beach Cultural Arts Council (hereinafter, "Council") is hereby created and established. SECTION 2. PURPOSE OF COUNCIL The Council shall have the purpose of developing, coordinating and promoting the performing and visual arts in the City of Miami Beach, for the enjoyment, education, cultural enrichment, and benefit of the residents of and visitors to the City. In furtherance of said purpose, the Council shall attempt to accomplish the following objectives: 1. Develop and prepare a master plan for the arts. The master plan shall be based upon a survey of available resources and shall assess and prioritize the needs of the various arts organizations within the City of Miami Beach. 2. Develop and establish criteria and guidelines for review and funding of qualified not- for-profit arts organizations, as same shall be approved by the Mayor and City Commission of the City of Miami Beach. 3. Stimulate greater governmental and public awareness and appreciation of the importance of the arts to the residents of and visitors to the City of Miami Beach. 4. Encourage and implement greater and more efficient use of governmental and private resources for the development and support of the arts. 5. Encourage and implement opportunities for City of Miami Beach residents to participate in artistic activities. 6. Promote the development of Miami Beach artists and institutions and community organizations sponsoring arts activities, and audiences. 7. Survey and assess the needs of the arts, and of the people of this City relating thereto, and make such information promptly and regularly available to all interested agencies and persons upon request. 8. Support and implement the preservation and growth of the City's artistic resources. 9. Foster the development of a receptive climate for the arts to culturally enrich and benefit the citizens of Miami Beach in their daily lives, to make Miami Beach visits and vacations all the more appealing to the world and to attract to Miami Beach residency additional outstanding creators in the field of the arts through appropriate programs of publicity, education, coordination and sponsor activities such as the presentation of lectures and exhibitions and central compilation and dissemination of information on the progress of the arts in the City of Miami Beach. 10. Encourage and coordinate the artistic activities of other governmental agencies, including those concerned with the public educational system. 2 11. Provide City of Miami Beach cultural organizations with information and assistance. 12. Coordinate with and assess the roles of other organizations, institutions and agencies, public and private, which provide similar functions and serve a similar purpose. The purposes and objectives provided by this Section are hereby deemed to be public purposes. SECTION 3. DEFINITION OF "THE ARTS" The boundaries of the arts are constantly changing, but for purposes of this ordinance shall include, without limitation, all phases of the visual and performing arts. SECTION 4. GOVERNING BODY A. Composition The Council shall consist of nine (9) members to be appointed at large by a majority vote of the Mayor and City Commission. B. Qualifications Each Council member will be charged with the responsibility of serving the best interests of the arts within the City of Miami Beach, and no Council member shall view his or her role to be that of representing any particular geographic area within the City, interest group, arts institution, community organization, or audience. Each Council member shall be a duly qualified resident of the City of Miami Beach, unless such requirement is so waived by a majority vote of the Mayor and City Commission; shall be selected to reflect a balance of the City's ethnic and racial diversity; and shall have demonstrated interest and experience in cultural activities. C. Appointment and Term of Members; Filling Vacancies The members of the Council shall be appointed at large by majority vote of the Mayor and City Commission. The term of office for each member shall be two (2) years; however, of the members first appointed, four shall serve for one (1) year, and five for two (2) years. No Council member may serve more than eight (8) consecutive years. No Council member who serves the maximum prescribed term limitation shall be appointed to the Council during the two (2) year period following the expiration of his or her term. 3 Vacancies on the Council shall be filled by the Mayor and City Commission. In filling any vacancy, the Mayor and City Commission shall select the replacement Council member from a list of three (3) candidates to be submitted by the remaining members of the Council. In the event that none of the three (3) candidates suggested meets Commission approval, the Council shall submit another and entirely different list for the Mayor and City Commission's consideration. This process shall continue until a suitable replacement has been found to fill the existing or anticipated vacancy. D. Removal of Members Council members shall serve at the pleasure of the Mayor and City Commission. Any member of the Council may be removed from office by a majority vote of the Mayor and City Commission. A Council member shall be automatically removed if he or she fails to attend three (3) meetings within a period of one (1) year. E. Organization, Staff Support; Quorum The Council shall elect annually one of its members to be its chairperson, and another as vice-chairperson. The Council shall recommend such appropriate staff support as shall be necessary to carry out the policies and procedures of the Council, including the day-to-day operation of same. Five (5) members of the Council shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Council, and no vacancy on the Council shall impair the right of the quorum to act. F. Powers and Duties of the Council The Council shall have all legal powers necessary and appropriate to effectuate its objectives and the purposes as set forth in this Ordinance, subject to the approval of the Mayor and City Commission. The Council does not have the power to contract with any person or corporation, nor pledge any revenues or monies appropriated and invested to it by the Mayor and City Commission as collateral. G. Council Meetings; Public Hearings; Committees and Advisors; Reports; Rules 1. The Council shall hold at least one meeting every month, except for the month of August, and may hold such other meetings as it deems necessary. All meetings of the Council shall be open to the public, and minutes of the proceedings thereof shall be recorded, transcribed and maintained by the Council. All actions taken at the meetings of the Council shall be promptly and properly recorded. The official City policies relating to the attendance of regular board meetings shall be applicable to members of the Council. 4 2. The Council shall hold at least one public hearing annually, pursuant to public notice, specifying the date and place of said hearing, and the subjects to be considered, specifically for the purpose of making the Council's work known and of investigating and assessing the needs and development of the arts in the City of Miami Beach. 3. The Council may establish such working committees of Council members as it deems appropriate to carry out its purposes, objectives, duties and powers. 4. The Council may convene such advisory panels and may consult with such advisors and experts as it deems necessary and appropriate for carrying out its purposes, objectives, duties and powers. 5. The Council shall formulate and establish guidelines setting forth the criteria pursuant to which its financial aid is given, said guidelines to be approved by the Mayor and City Commission, and such other rules regarding its activities as it deems appropriate. 6. The Council shall submit its budget to the Office of Management and Budget each fiscal year for the period between October 1 st and September 30th. The Council's budget shall be approved by the Mayor and City Commission through the normal budget process. SECTION 5. FUNDING Requests to the Council for funding shall be considered in accordance with the criteria and guidelines developed by the Council and approved by the Mayor and City Commission. Council funds shall be maintained and invested in accordance with procedures established and approved by the Mayor and City Commission. The Council shall also actively seek other revenue sources, which shall include private sector contributions and public grants to further support the purposes and objectives of the Council. SECTION 6. ANNUAL REPORT AND AUDIT The Council shall submit to the Mayor and City Commission an annual report and annual audit. The annual report shall summarize the Council's activities conducted during the preceding year and set forth recommendations. The audit shall be performed by an internal auditor ofthe City. The Council's annual report and annual audit shall be made available to the public. SECTION 7. COUNSEL The City Attorney's Office shall provide legal services to the Council. 5 SECTION 8. It is the intention of the Mayor and City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. Sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "Ordinance" may be changed to "Section," "Article," or other appropriate word. SECTION 9. SEVERABILITY If any section, subsection, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 10. REPEALER All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. EFFECTIVE DATE This Ordinance shall take effect ten (10) days after its adoption on second reading. PASSED and AOOPTED this ~ day of March ,1997. ATTEST: joLNtll ?GlN~ CITY CLERK (Requested by Commissioner Neisen Kasdin) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:IA TTOIAGURIORDNANCEICUL TURL2.ART 1st reading 2/19/97 2nd reading 3/5/97 11/,~ ?I~97 6