Ordinance 2000-3277 ORDINANCE NO. 2000-3277
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE III THEREOF, ENTITLED "AGENCIES, BOARDS, AND
COMMITTEES", BY AMENDING DIVISION 6,ENTITLED "CULTURAL
ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(c), ENTITLED
"APPOINTMENT AND TERM OF MEMBERS"; SUBSECTION 2-55(d),
ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(e),
ENTITLED "RENEWAL OF MEMBERS"; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE
DATE.
WHEREAS, on March 5, 1997, the Mayor and City Commission adopted Ordinance No.
97-3075, as codified in Chapter 2,Article III, Division 6, Sections 2-51 through 2-64 of the Miami
Beach City Code, creating the Miami Beach Cultural Arts Council (the Council); and
WHEREAS, the purpose of the Council is to develop, coordinate, and promote the
performing and visual arts in the City of Miami Beach, for the enjoyment, education, cultural
enrichments, and benefits of the residents of and visitors to the City; and
WHEREAS, following a recommendation of the Mayor and City Commission to review
same,the members of the Council would herein recommend that certain of the aforestated City Code
provisions providing for the establishment of the Council be amended; specifically,those provisions
providing for appointment and terms of members,the filling of vacancies of new members on the
Council, and attendance requirements, such that these amendments would further strive to make the
Council more diverse and inclusive of the City's population.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Miami Beach Code, Chapter 2, entitled"Administration", Article III, entitled
"Agencies, Boards, and Committees", be amended to read as follows:
Chapter 2 ADMINISTRATION
Article III. Agencies, Boards, and Committees
DIVISION 6. CULTURAL ARTS COUNCIL
Sec. 2-55(c) Appointment and term of members.
(c) 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) three (34 years_; •
however, of the members first appointed, four shall serve for one (1) ycar, and fivc for two
(2)years. Effective December 31, 2000, concurrent with the expiration of the terms of four
(4)members of the Council, and the resulting vacancies thereon,three (3) members shall be
appointed for two (2)year terms each, and one (1) member shall be appointed for a one (1)
year term. Effective December 31, 2001. concurrent with the expiration of the terms of six
(6)members of the Council, and the resulting vacancies thereon,three (3) members shall be
appointed for three (3)year terms each,provided that one of those appointments shall be to
fill the vacancy of the one year term expiring on December 31. 2001, and three (3) members
shall be appointed for two (2)year terms each. Additionally, effective December 31. 2002,
no Council member may serve more than six (6) consecutive years; this provision shall be
measured retroactively from the date of the initial appointments to the Council. No Council
member who serves the maximum proscribed term limitations shall be appointed to the
Council during the two (2) year period following the expiration of his/her term.
Sec. 2-55(d) Filling vacancies.
(d) Vacancies on the Council shall be filled by the Mayor and City Commission. In filling any
vacancy,the Mayor and City Commission shal-1 may select a replacement Council member
from a list of three (3) candidates to which shall be submitted by the remaining members of
the Council. In the event that none of the candidates suggested meets Commission approval,
The individual members of the City Commission may supplement the Council's suggested
list with additional names of candidates or, if neither the candidates on the Council's
suggested list nor the additional names submitted by the individual members of the City
Commission are approved, the Council shall submit an 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.
The suggested list submitted by the Council for the Mayor and City Commission's
consideration shall be submitted without specific recommendations or endorsements by the
Council as to any particular name submitted therein, but may, in the event the name of a
current Council member is submitted for reappointment, indicate, as a point of information
to the Mayor and City Commission, that said name is that of an existing Council member.
Sec. 2-55(e) Removal of members.
(e) 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
CityCommission. • :. - -• -- - - - - --; :- ; . : ; . -- ; .-; . -- - ; ; - -
three meetings within a period of one year. Council members shall be governed by the
attendance requirements proscribed pursuant to Section 2-22(9) of the City Code.
2
SECTION 2. SEVERABILITY.
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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. The 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 4. REPEALER.
All other ordinances of the City of Miami Beach or any part of said ordinances, in conflict
herewith, be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 18th day of November , 2000.
PASSED and ADOPTED this 8th day of November , 2000.
ATTEST: MAYOR
Va-it&W
CI CLERK
A\lovTT APPROVED AS TOF\
RJATTO\AGURViESOS\CAC2-SS.ORD
1st reading 10/18/00 FORM & LANGUAGE
2nd reading 11/8/00 & FOR EXECUTION
CeA �jttomey Date
3
CITY OF MIAMI BEACH
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.C° -00
TO: Mayor Neisen O.Kasdin and DATE: November 8,2000
Members of the City Commission
FROM: Jorge M.Gonzalez
City Manager SECOND READING
SUBJECT: AN ORDINANCE F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE III THEREOF, ENTITLED AGENCIES, BOARDS, AND
COMMITTEES", BY AMENDING DIVISION 6,ENTITLED "CULTURAL
ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(c), ENTITLED
"APPOINTMENT AND TERM OF MEMBERS"; SUBSECTION 2-55(d),
ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(e),
ENTITLED "RENEWAL OF MEMBERS"; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The Mayor and City Commission established the Cultural Arts Council on March 5, 1997.
On October 18,2000,the Mayor and City Commission approved the following amendments to the
Council's Ordinance on first reading.
Pursuant to Commission direction to amend the Council's Ordinance regarding the nominating
process and staggered terms, the Cultural Arts Council staff met with the Legal Department to
develop a systematic process for appointments and terms.The desire of the Commission was to create
a more open process and greater turnover of board members.
The Ordinance changes are as follows:
Sec.2-55(c) Appointment and term of members.
The term of office for all members will be three(3)years(amended from two(2)years)by December
31,2002.The staggered term process begins December 31,2000.Of the four vacancies on December
31,2000,three(3)members will be appointed for two (2)year terms each and one (1)member for
a one(1)year term. g- SNA
AGENDA ITEM
DATE ((
Cultural Arts Council Ordinance Amendment
Page 2
On December 31, 2001, six (6) Council members' terms expire, and three (3) members will be
appointed for three (3) year terms, including the vacancy of the one (1) year term expiring on
December 31,2000,and three(3)members will be appointed for two (2)year terms. On December
31,2002,the three(3)vacancies will be filled and they will serve for three(3)years. At that time,
one-third of the Council will become vacant each year. Effective December 31, 2002, no Council
member may serve more than six(6)consecutive years(amended from eight(8)years).No Council
member who serves the maximum proscribed term may be appointed during the two-year period
following the expiration of his/her term.
Sec. 2-55(d)Filling vacancies.
The Council shall submit three (3)names per vacancy in an aggregate slate to the Mayor and City
Commission without recommendation. In the event the name of a current Council member is
submitted then the Council may indicate the incumbent member as a point of information. Also,the
Mayor and Commissioners may add additional candidates to the Council's aggregate slate.
Sec.2-55(e)Removal of members.
The absence policy for monthly meetings will coincide with the City's policy allowing for a maximum
absence rate of 33%in a calendar year.
The Cultural Arts Council has recognized the Commission's desire to create a board whose
composition changes more frequently yet provides continuity and familiarity with the arts. The
proposed Ordinance will accomplish these objectives.Accordingly,the Mayor and City Commission
should adopt the amended Ordinance on second and final reading.
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