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Ordinance No. 2021-02 Amending Art in Public Places Advisory Board Composition - March 2, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING DIVISION 6, "ARTS IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE III, CHAPTER 2 OF THE CITY CODE TO REVISE THE COMPOSITION OF THE ART IN PUBLIC PLACES ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 2, 2012, the City Commission of the City of Aventura (the "City") adopted Ordinance No. 2012-16, creating Division 6, "Arts in Public Places Advisory Board," of Article III, Chapter 2 of the City Code of Ordinances establishing the Art in Public Places Advisory Board to identify and select art for display on City-owned and/or operated properties; and WHEREAS, on March 1 , 2016, the City Commission adopted Ordinance No. 2016-02, amending the composition requirements and duties of the Art in Public Places Advisory Board; and WHEREAS, the City Commission desires to further amend the composition of the Art in Public Places Advisory Board to be composed of five residents of the City; and WHEREAS, the City Commission finds that this amendment is in the best interest of the City and the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:' Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Division 6, "Arts in Public Places Advisory Board," of Article III, Chapter 2 of the City Code of the City of Aventura is hereby amended to read as follows: Chapter 2 —ADMINISTRATION ARTICLE III. —ADVISORY BOARDS DIVISION 6. —ARTS IN PUBLIC PLACES ADVISORY BOARD Sec. 2-201 . - Creation, composition and qualifications. 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by strikethrough. City of Aventura Ordinance No. 2021-02 (a) There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the "Board") consisting of five members ding t11L Mayor, shall erg rtue of his/her GffiGe, and four that are residents of the City whe shall be and appointed by the Mayor, subject to the approval of the City Commission. The rock members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to Board service. The rock members shall serve for a two-year term and may be reappointed in accordance with the process outlined herein. (b) In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission in accordance with procedures established herein. (c) In the event that a member of the Board shall be absent and unexcused from a duly- called meeting of the Board for three consecutive meetings, then, in that event, such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. (d) The City Manager or his designee shall provide or designate necessary staff support for the Board. Sec. 2-204. - Rules of procedure; quorum. (a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) The Mayor shall serve as the Board Chairperson. The Board shall select a member to serve as the Chairperson and may elect a Vice-Chairperson. (c) Three members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least three affirmative votes shall be required for official action. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 2 of 4 City of Aventura Ordinance No. 2021-02 Section 4. Inclusion in the Code. That it is the intention of the City Commission 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 Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption on first reading. This motion was seconded by Vice Mayor Shelley and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Evans, who moved its adoption on second reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes Page 3 of 4 City of Aventura Ordinance No. 2021-02 PASSED on first reading on this 2nd day of February, 2021 . PASSED AND ADOPTED on second reading on this 2nd day of March, 2021 . ENID WEISMAN, MAYOR GG ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 Pk� 14--C CITY ATTORNEY Page 4 of 4