2001-3309 ORD
ORDINANCE NO. 2001-3309
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
82-587 OF THE CITY CODE, TO REQUIRE A CONTRIBUTION
FOR THE ART IN PUBLIC PLACES PROGRAM FROM JOINT
PUBLICIPRIV ATE PROJECTS, EXCLUDING NOT FOR PROFIT;
REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWIm; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach utilizes land owned by it in public/private partnerships with
private developers for the development of certain facilities, such as parking facilities and cultural facilities;
and
WHEREAS, in its capacity as a contracting party, the City has the right to impose certain conditions
upon such private developers; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it to be in the best
interests ofthe City to promote art in public places; and
WHEREAS, it is in the best interests of the citizens, residents, and visitors to the City of Miami
Beach that the City promote an aesthetically pleasing environment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, as follows:
Section 1. Section 82-587 of the City Code is hereby amended in its entirety to read as follows:
Sec. 82-587. Appropriations by the city to the fund.
(a) All appropriations of city funding for construction of city-owned projects, including
construction of new buildings and/or public facilities or additions to existing structures,
shall include an appropriation of funds to the city art in public places fund. For new
construction the amount shall not be less than I % percent of the construction cost of the
proposed project. The appropriation to the fund shall be made at the same time as the
appropriation of funding for the construction project.
(b) For city projects that also involve participation by persons and entities other than
the city, the required appropriation shall be based ~ upon the e~' Hmaea !lamaR aflil.
construction cost. regardless of whether the construction cost is funded bv the city or the
person or entity other than the city. This subsection shall not applv to oroiects bv not-for-
profit persons or entities recognized under Section 501(c)(3) of the Internal Revenue Code
of 1986. as amended. whose total construction budgets are less than $8 million.
(c) If the city commission determines that a particular project is not an appropriate site
for works of art, it may waive the required appropriation by resolution, or alternatively may
elect to waive a portion of the appropriation and place the remaining portion in the fund. In
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making this determination, the city commission shall consider the recommendation of the
art in public places committee.
(d) When a project site has been determined to be an appropriate site for works of art,
appropriations made in connection with a particular construction project need not be used
for works of art to be located on the site of that particular project. A portion of the
appropriation for a particular construction site may be utilized for works of art for that site,
with the remainder ofthe appropriation then being placed in the fund for use at another site,
or the entire appropriation may be placed in the fund.
(e) Selection ofaltemative sites, allotment of appropriation for acquisition of works of
art for particular sites and selection of works of art shall be determined by the committee
and approved by the city commission.
Section 2.
hereby repealed.
All ordinances, resolutions or parts thereof in conflict herewith be and the same are
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Ordinance.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 16tlrlay of
June , 2001.
PASSED on First Reading this 16th day of ." 'May
, 2001.
PASSED and ADOPTED on Second Reading this 6th day of
June
. 2001.
ATTEST:
ITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City A ey~
gn/O(
Date
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. NOTICE OF PUBLIC HEARINGS ......
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of
the City of Miami Beach. Aorida, in the Commission Chambers, 3rd Roor, City Hall, 1700
Convention Center Drive. Miami Beach. Aorida, on Wednesday, June 6, 2001, at the times listed
below, to consider the adoption of the following ordinances:
al10:45 a.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142. "ZONING DISTRICTS
AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION
4. "SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1132, "ALLOWABLE
ENCROACHMENTS," SUBSECTION (H), 'FENCES, WALLS. AND GATES," TO MODIFY THE
HEIGHT AND SETBACKS FOR FENCES SURROUNDING-PUBLlC FACILITIES IN GU AND
CCC DISTRICTS. PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY: AND AN EFFECTIVE DATE.
al10:50 a.m.:,
AN ORDINANCE AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE ENTITLED
"UTlLlTIES", AMENDING SUBSECTION 110-166, ENTITLED "SCHEDULE OF WATER RATES
AND TAPPING CHARGES" BY ADDING TO SUBSECTION 110-166 (C) THEREOF THE
OPTION OF "BUDGET BILLING" OF OWNERS OR CONSUMERS OF WATER AND SEWER AT
SINGLE-FAMILY RESIDENCES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIACATlON'lD AN EFFECTIVE DATE. '. . . .
al10:55 a.m.: . '. .
AN ORDINANC AMENDING SECTION 62-587 OF THE CITY CODE. TO REQUIRE A
CONTRIBUTION FOR THE ART IN PUBLIC PLACES PROGRAM FROM JOINT
PUBLIC'PRIVATE PROJECTS. EXCLUDING NOT FOR PROFIT; REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE. . _ .' .
Inquiries may be directed to the City Att6meys office at (305) 673-7470.
ALL INTERESTED PARTIES aie invited to appear at this meeting, or be represented by an. agenl..
or to express their views in writing addressed to the City Commission, do the City Cieri<, 1700
Convention Canter Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for pul>ic inspection during normal buSiness hours In the City Cler1<s
Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Fiorida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be
provided... '. ,
Robert E. Parcher, City Oed<' ..
. . . . City of Miami Beach .
Pursuant to Section 286.0105, Aa, Stal. the City hereby advises the public tha~ n a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, suet) person must 8nsure that a vertlatim record of the
proceedings is mede, which record includes the testimony and evidence upon which the appe8i is
to be besed. This notice does not constitute consent by the City for the introduction or edmission of
otherwise inadmissible or irrelevant evidence, nor does tt authorize challenges or appeals not
otherwise allowed by law.. . . '.. . ..
In accordance with the Americans with DisSbilities Act of 1990, peisons needing special
accommodation to participate in this proceeding should contact the CityOer1<s office no later than
four days prior to the proceeding,. telephone (305) 673-7411 for assistance; n hearing ir:n.e.aired,
telephone the Aorida Relay SaNice numbers, (800) 95&8771 (TOO) or (800) 955-8nO (VOICE).
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
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COMMISSION MEMORANDUM NO.
3f(3-O /
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez \ ...../
City Manager OJoAl- () SECOND READING PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 82-587 OF
THE CITY CODE, TO REQUIRE A CONTRIBUTION FOR THE ART IN
PUBLIC PLACES PROGRAM FROM JOINT PUBLICIPRIV ATE
PROJECTS, EXCLUDING NOT FOR PROFIT; REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
DATE: June 6, 2001
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
ANALYSIS:
Historically, the City of Miami Beach has utilized city owned land for a number of public/private
partnerships to develop sites for parking and commercial facilities deemed to be in the public's best
interest. As the contracting party, the City has the right to impose certain conditions upon such
private developers, however, joint partnerships have not been subject to the Art in Public Places
Ordinance which requires one and a half percent (1.5%) of the construction budget to be contributed
to the Art in Public Places (AIPP) fund.
This Ordinance will amend Section 82-587 of the City Code to create a mechanism whereby the
contribution of City property for private construction of new buildings will include an appropriation
of funds for Art in Public Places. This amendment will not be retroactive, however, the
appropriation will be binding and must be negotiated into any RFP, which is generated from any
RFQ, that has been issued to date and has not resulted in an executed agreement.
On September 11,2000, the Art in Public Places Committee approved a motion requesting that the
Land Use Committee consider the possibility of adding a requirement that private developers
contribute to the Art in Public Places fund when the land used is donated or leased from the City.
AGENDA ITEM R5D
DATE (,-b-Oj
T:\AGENDA \2001 IJUN0601 \CONSEN1\AIPPMEM. WPD
Commission Memorandum
AIPP
June 6, 2001
Page 2
On March 5, 2001, the Land Use Committee supported this concept by approving a motion to
recommend amending the Art in Public Places Ordinance to require private developers, who use land
provided by the City, to contribute one and a half percent (1.5%) of the construction budget to the
Art in Public Places fund. As proposed, this amendment will not apply to not-for-profit entities with
respect to projects whose total construction budgets are less than $8 million.
This Ordinance was heard and approved at the May 16, 2001 City Commission Meeting. It is now
before the City Commission for second and final reading.
It is important to note the Commission's sentiment that the 1 WYo contribution not ultimately be a
cost to the City. Rather, as the City negotiates with the private developer, this contribution should
be part of the negotiated agreement.
CONCLUSION:
The Administration recommends that the City Commission approve the Ordinance to amend Section
82-587 of the City Code, with regard to Art in Public Places. In doing so, the City Commission will
be enhancing the City of Miami Beach by requiring a contribution for the Art in Public Places
program from joint public/private projects.
JMG:~:GH:JQ:lf
T:IAGENDA\200 I IJUN0601 \CONSENTlAIPPMEM. WPD