Ordinance 99-3162 ORDINANCE NO. 99-3162
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER
82 OF THE MIAMI BEACH CITY CODE, ENTITLED "PUBLIC
PROPERTY;" AMENDING ARTICLE VII THERETO,ENTITLED
"ART IN PUBLIC PLACES;"AMENDING SUBSECTION 82-562,
ENTITLED "POWERS AND DUTIES;" BY PROVIDING FOR
REVIEW AND RECOMMENDATIONS FOR ACCEPTANCE OF
PROPOSED DONATIONS OF WORKS OF ART FOR PLACEMENT
ON PUBLIC PROPERTY IN THE CITY OR LOCATED ON PUBLIC
FACILITIES WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; REPEALER,AND AN EFFECTIVE DATE.
WHEREAS, the City regularly receives donations of works of art for placement on City
property or in City facilities; and
WHEREAS,the establishment of procedures for review and recommendation by the Art
in Public Places Committee is necessary in order to address the donation of works of art to be placed
on City property and/or City facilities, in a consistent manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 82,ARTICLE VII,SECTION 82-562 OF THE
MIAMI BEACH CITY CODE
That Section 82-562 entitled, "Power and duties," of Chapter 82 of the Code of the City of
Miami Beach, Florida, is hereby amended as follows:
Sec. 82-562. Powers and duties.
The art in public places committee shall have the following powers and duties:
(1) To recommend to the city commission whether a particular proposed construction
project is an appropriate site for works of art and whether all or part of the
appropriation required by section 82-587 should be waived.
(2) To screen submissions and to select existing works of art or to determine whether to
commission new works of art for the fulfillment of the requirements of this article
for art in public places within the city.
(3) To conduct contests and competitions in order to select works of art to be
recommended for particular sites.
(4) To recommend a professional advisory committee to advise the committee and city
commission regarding selection of particular works of art for a project or site.
(5) To be responsible for managing the reproduction rights to each acquisition subject
to policies established by the city commission.
(6) To recommend and oversee the maintenance and insurance necessary to preserve and
protect acquisitions.
(7) To make a recommendation to the city commission regarding proposed projects that
include art and to participate in the planning of such projects.
(8) To recommend legislation concerning art in the city.
(9) To make recommendations to the city commission regarding the placement of
proposed donations of works of art for placement on public property in the city or
located on public facilities within the city.
(10)(9 To perform all other duties and functions as requested by the city commission.
(Ord.No. 95-2985, & 2(4A-7), 4-5-95)
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect ten(10) days following its adoption.
PASSED AND ADOPTED this 6th day of January , 1999:
MAYOR
AT EST
Kike fakcLov.
CITY CLERK APPROVED AS TO
1st reading 12/16/98
2nd reading 1/6/99 FORM& LANGUAGE
km/ & FOR EXECUTION
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CITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. c —9 CJ
TO: Mayor Neisen O.Kasdin and DATE: January 6, 1999
Members of the City , ission
FROM: Sergio Rodriguez
City Manager 441
SUBJECT: AN ORDIN• C OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MLk II B CH,FLORIDA,AMENDING CHAPTER 82 OF THE MIAMI BEACH
CITY CODE, ENTITLED "PUBLIC PROPERTY;" AMENDING ARTICLE VII
THERETO,ENTITLED "ART IN PUBLIC PLACES;"AMENDING SUBSECTION
82-562, ENTITLED "POWERS AND DUTIES;" BY PROVIDING FOR REVIEW
AND RECOMMENDATIONS FOR ACCEPTANCE OF PROPOSED DONATIONS
OF WORKS OF ART FOR PLACEMENT ON PUBLIC PROPERTY IN THE CITY
OR LOCATED ON PUBLIC FACILITIES WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; REPEALER,AND AN EFFECTIVE DATE
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The City has received a number of requests for donations of works of art to be placed on City property.
Resolutions establishing a policy and criteria for donations of works of art and for the creation of
memorials/monuments to honor a person or event,were adopted by the City Commission on December 16,
1998. This ordinance was also adopted on first reading,by the City Commission on December 16, 1998.
ANALYSIS
This amendment provides for review and recommendations by the Art in Public Places Committee for
acceptance of donations of works of art to be placed on City-owned property.
With the exception-of memorials/monuments, all donations of works of art will be referred directly to the
Art in Public Places Committee for review and recommendation to the City Commission, in accordance with
established policy guidelines and criteria. The recommended procedure for donations of
memorials/monuments is for the Community Affairs Committee to make a recommendation to the City
Commission. If the City Commission determines that a memorial/monument is deemed appropriate, the
matter will then be referred to the Art in Public Places Committee for review and recommendations with
respect to the aesthetic quality and artistic merit of the work, as well as a suitable location. Following a
recommendation from the Art in Public Places Committee, the matter will be presented to the City
Commission for final acceptance or rejection.
CONCLUSION
The City Commission should adopt the Ordinance which will provide for addressing the donation of works
of art in a structured\ and consistent manner.
SR/Cl�C/JGdP/KM
F:I WORKISALUKA,SLYN,COMMISSP DONATORD.CM
AGENDA ITEM
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