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96-22166 RESO RESOLUTION NO. 96-22166 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING FUNDING OF ART IN THE AMOUNT OF 11/2 PERCENT OF THE CONSTRUCTION COST OF THE SEVENTH STREET PARKING GARAGE PROJECT PURSUANT TO CHAPTER 4A OF THE CITY CODE ENTITLED "ART IN PUBLIC PLACES"; AUTHORIZING AN EQUIVALENT APPROPRIATION FOR ART AT ANOTHER PUBLIC PLACE WITHIN THE CITY OF MIAMI BEACH, TO BE RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITTEE AND SUBJECT TO CITY COMMISSION APPROVAL; AND DIRECTING THE CITY ADMINISTRATION TO IDENTIFY AN APPROPRIATE SOURCE OF FUNDING FOR SAID APPROPRIATION. WHEREAS, a parking garage project known as the Seventh Street Garage ("Garage"), was constructed as a public-private joint venture by the City of Miami Beach and Ballet Valet; and WHEREAS, City Code Chapter 4A governing the "Art in Public Places" ordinance in effect at the time of the appropriation of funding for the Garage (Ordinance No. 84-2414) required that "not less than 1 1/2 percent of the construction cost of new government buildings" shall be appropriated for works of art; and WHEREAS, said appropriation of 1 1/2 percent for art was not made in the original budget for the Garage, therefore necessitating an appropriation or a waiver of said appropriation pursuant to Chapter 4A of the City Code; and WHEREAS, the City Commission has determined that the Seventh Street Garage is not an appropriate site for works of art, however, the City Commission has determined that an amount equivalent to the 1 1/2 percent appropriation should be used to fund art in another public place within the City of Miami Beach which is to be recommended by the Art in Public Places Committee and subject to City Commission approval. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that an appropriation of 1 1/2 percent of the construction cost of the Seventh Street Garage for art in public places is hereby waived, however an amount equivalent to the 1 1/2 percent appropriation for the construction cost of the Seventh Street Garage is hereby authorized to fund art at another location within the City of Miami Beach which is to be recommended by the Art in Public Places Committee and subject to City Commission approval, and further, the City Administration is hereby directed to identify an appropriate source of funding for said appropriation. PASSED and ADOPTED THIS ATTEST: ~~~ ~~ CITY CLERK DJT\kw( f\atto\turn\resos\ 7thstgar. art) APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION .1g~ City Attornev r/~5/~7 r\...;,. I"" . 2 OFFICE OF THE CITY ATTORNEY ~ of J1Uumi 1/etuh F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. ~ JL-q~ DATE: OCTOBER 9,1996 TO: MA YOR SEYMOUR GELBER MEMBERS OF THE CITY CONJ.~.M~ ./~ SI/lI N If[IJ)jIV- MURRAY DUBB"'TA I .AAAJJI1J CITY ATTORNE~/\jVVv'" I FROM: JOSE GARCIA-PEDROSA CITY MANAGER SUBJECT: APPROPRIATION OF FUNDS REGARDING THE SEVENTH STREET PARKING GARAGE Pursuant to the request of Commissioner Neisen Kasdin, the attached Resolution is submitted for your consideration. This Resolution provides for the after-the fact funding of art in the amount of 1 1/2 percent of the construction cost of the Seventh Street Parking Garage in order to comply with Chapter 4-A of the City Code entitled "Art in Public Places", with appropriation to come from the appropriate source subject to recommendation of the Art in Public Places Committee. The administration recommends that this Resolution be transmitted to the Art in Public Places Committee for the review and recommendation. DJT\kw f: \atto \turn \resos \gargart.mem Agenda Date 1700 Convention Center Drive - FourtH }ijoor - Miami Beach, Florida 33139