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Resolution 77-15427 RESOLUTION NO. 77-15427 A RESOLUTION CREATING THE CITY OF MIAMI BEACH CULTURAL ARTS ADVISORY COMMITTEE AND PROVIDING FOR MEMBERSHIP; TERM OF OFFICE; ORGANIZATION OF THE COMMITTEE; DUTIES, FUNCTIONS AND RESPONSIBILITIES; AND LIMITATION OF POWERS . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a City of Miami Beach Cultural Arts Advisory Committee be and the same is hereby created and estab- lished. The Committee shall consist of eight (8) members appointed by the City Commission; three (3) members of the Committee shall be appointed from the existing membership of the City of Miami Beach Arts in Public Buildings Committee; three (3) members shall be appointed from the existing membership of the Arts in Public Places Committee; one (1) member shall be appointed from the existing membership of the Board of Directors of the Bass Museum of Art; and one (1) member shall be appointed from the administration personnel of the City of Miami Beach. Members shall be appointed for a term of one (1) year, provided, however, that prior expiration of mem- bership on any of the hereinabove designated existing Committees shall constitute expiration of the term of membership on the City of Miami Beach Cultural Arts Advisory Committee. The Committee shall elect a chairman who shall serve at the will of the Committee. Appointments to fill any vacancy on the Committee shall be for the remainder of the unexpired term of office. A member may be removed without cause only by a three-fourths (3/4) vote of the entire membership of the City Commission. When any member fails to attend three (3) consecutive meetings without due cause, the chairman shall certify the same to the City Commission. Such members shall then be deemed to have been removed and a vacancy created. The members of the Committee shall elect such officers other than a chairman as may be deemed necessary, who shall serve at the will of the Committee. Five (5) members of the Committee shall constitute a quorum necessary to hold a meeting and take any action. Members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their official duties, upon approval by the City Commission. The chairman may call meetings of the Committee and meetings may be called by written notice signed by four (4) members and the Com- mittee at any meeting may fix and call a meeting on a future date. Minutes shall be kept of all meetings of the Committee. All meet- ings shall be public. The Committee shall have the following duties, functions, powers and responsibilities: (a) To serve in an advisory capacity to the City Com- mission for the evaluation of gifts and bequests of works of art, including but not limited to paintings, sculpture, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings and antiques . The Committee shall accept or reject proffered gifts or bequests of art on the basis of accepted standards and criteria of current and potential art value and appropriateness for acceptance by the City of Miami Beach. (b) When a gift or bequest of art has been approved by the Committee, an appropriate resolution recommending acceptance of the same shall be delivered to the City Commission. (c) Prior to the approval of any gift or bequest of any work of art, as hereinabove defined, to the City, all donors shall be specifically advised that such gift or bequest must be made to the City without any conditions whatsoever attached thereto, parti- cularly with regard to the location or specific public building OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 wherein said work of art shall be displayed, provided, however, that this jurisdictional requirement may be waived or modified upon a three-fourths (3/4) vote of the Committee and of the City Com- mission. (d) To perform such other duties as may from time to time be assigned to it by resolution of the City Commission. It is the purpose and intent of the City Commission that the creation of this Committee shall in no way be deemed to be an impingement, impairment, diminution, or conflict with the juris- diction of any existing committee of the City of Miami Beach, and it is further the intent of the City Commission that the proper prerogatives and the appropriate jurisdiction of any existing com- mittee shall be uneffected and unimpaired by the powers, authority and jurisdiction hereby conferred on the City of Miami Beach Cultural Arts Advisory Committee. The powers and jurisdiction of the Committee shall be purely advisory, voluntary, and persuasive. The Committee shall not have any power or authority to subpoena or compel the atten- dance of witnesses. The Committee shall have no power to appoint city officers or employees or to make policy decisions . The City Manager of the City of Miami Beach is hereby directed and authorized to furnish, supply and make available to the Committee suitable and proper accommodations for the trans- action of the business of said Committee. The Committee shall submit to the City Commission and to the City Manager interim and periodic reports as to the performance of its duties and responsi- bilities as hereinabove delineated. PASSED and ADOPTED this 7th day of September, 1977 . .mss Mayor Attest: a,e City Clerk - 2 - OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 77-15427 (Creating the CMB Cultural Arts Advisory Committee and providing for membership; term of office; organization of Committee . duties, functions and responsibilities; and limitation of powers)