11-27-2001 Workshop
City Commission
Workshop Meeting
November 27, 2001
Following Special Meeting
AGENDA
1. Economic Development Advisory Board*
2. Aventura Cultural Center Foundation*
3. Renaming Waterways Park (Commissioner Beskin)*
4. Teen Council (Commissioner Cohen)
5. Newspaper Racks (Commissioner Cohen)
6 Parliamentary Rules for Workshops (Commissioner
Berger)
7. Lobbyist Services for 199th Street (Commissioner
Beskin)
8. NE 188th Street Residentail Design Regulations
* Back-up Information Exists
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding.
RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA ECONOMIC DEVELOPMENT ADVISORY
BOARD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-151 of the Aventura City Code provides for the creation of
the Economic Development Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Economic Development Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Economic Development
Advisory Board for a term of one year:
Elaine Adler
Sam Blasi
Harry Gampel
William Koppel
Russell Rice
Don Soffer
Dr. Barry Silverman
Section 2. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Economic Development
Advisory Board for a term of two years:
Arthur Barr
Resolution No. 2001-_
Page 2
Paula Berliner
Joni Braunstein
Len Brenner
Davide Carbone
Ray Leightman
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 6th day of November, 2001.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No. 2001-_
Page 2
Itms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City M
DATE: September 11, 2001
SUBJECT: Aventura Cultural Center
Please find the following attached documents relative to the above subject:
1. Revised Articles of Incorporation of Aventura Cultural Center Foundation,
Inc.
2. Kravis Center Articles of Incorporation
3. Performing Arts Center of Greater Miami
4. Broward County Performing Arts Center Articles of Incorporation
5. Tampa performing Arts Center Articles of Incorporation
EMS/aca
Attachment
CC01006-01
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission r;
Eric M. Soroka, Citr{age
October 23, 2001
TO:
DATE:
SUBJECT: Articles of Incorporation f
e Cultural Center Foundation
Attached please find the latest version of the subject documents as provided to me by
the City Attorney's office.
EMS/aca
cc: Teresa M. Soroka, CMC, City Clerk
CC01017-01
ARTICLES OF INCORPORATION
OF
A VENTURA CULTURAL CENTER FOUNDATION, INC.
The undersigned incorporator, desiring to form a not-for-profit corporation under the
provisions of Chapter 617 of the laws of the State of Borida, does hereby establish the following
Articles of Incorporation (the "Articles"):
ARTICLE I
Name and Princioal Address
The name of this corporation shall be A VENTURA CULTURAL CENTER
FOUNDATION, INC. (the "Corporation"), and its principal office is located at do Mr. Eric M.
Soroka, City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Borida
33180.
ARTICLE II
Seal and Corporate Nature
The seal of this Corporation shall contain the words "Aventura Cultural Center Foundation,
Inc., a corporation not-for-profit." This is a Borida non-profit corporation pursuant to Chapter 617,
Borida Statutes, the Borida Not For Profit Corporation Act, as amended.
ARTICLE ill
Term and Commencement
The Corporation shall have perpetual existence unless dissolved in accordance with these
Articles and applicable law. Corporate existence shall commence with the filing of these Articles with
the Secretary of State ofBorida.
ARTICLE IV
Puroose
This Corporation is organized and shall operate exclusively for educational, cultural and
charitable purposes as evidenced by conducting or supporting activities for the benefit of or to carry
out the purposes of the Aventura Cultural Center Foundation, Inc., but limited in all events to exempt
purposes described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and this
1
Corporation may engage in only such activities permitted under the laws of the State of Florida and the
United States of America as shall constitute activities in furtherance of such exempt purposes. The
Corporation is a non-profit corporation organized to provide a broad source of community support for
the Cultural Center (the "Center"). No part of the assets or the net earnings of the Corporation shall be
distributed to any officer, director, member or any private person.
ARTICLE V
Functions, Powers and Restrictions
5.1. Functions:
It is expected that the Corporation will provide fundraising activities for the Center. The site
on which the Center is located and the Center itself will be owned by the City of A ventura, a Borida
municipal corporation (the "City"). The Corporation shall be responsible for raising funds for various
purposes and those other duties as may be established from time to time by the City Commission.
5.2. Powers:
The Corporation may exercise all powers granted to a not-for-profit corporation under the
laws of the State of Florida These powers include, but are not limited to:
a. To use the proceeds of donations, grants or other funding in the exercise of its powers and
purposes; and
b. To do any and alllawfu1 acts and things which may be necessary, useful or proper for the
furtherance or attairnnent of all of the purposes or powers of the Corporation; provided,
however, that the Corporation may not exercise any power in such a manner as would
disqualifY the Corporation for exemption from income tax under Section 501(c)(3) of the
Internal Revenue Code, as amended, or the corresponding provision of any future United
States Internal Revenue Law.
5.3. Restrictions:
Notwithstanding any other provisions of these Articles of Incorporation or the Bylaws of the
Corporation, the Corporation shall be restricted as follows:
a. No part of the net earnings of the Corporation shall inure to the benefit of any director,
officer or other associate or representative of the Corporation or any private individual
(except that reasonable compensation may be paid for services rendered to or for the
Corporation in effecting one or more of its purposes), and no director, officer or private
individual shall be entitled to share the distribution of the Corporation's assets upon
dissolution of the Corporation;
2
b. The Corporation shall not carry on any other activities not permitted to be undertaken by:
(i) a corporation exempt from federal income tax under Section 501(c)(3) of the Internal
Revenue Code, as amended, or the corresponding provisions of any future United States
Internal Revenue Law, or (ii) a corporation to which contributions are deductIble under
Section 170( c )(2) of the Internal Revenue Code, as amended, or the corresponding
provisions of any future United States Internal Revenue Law;
c. The Corporation shall not, except to an insubstantial degree, engage in any activities or
exercise any powers that are not in furtherance of the purposes of this Corporation; and
d. The Corporation shall not be operated for profit.
ARTICLE VI
Board of Directors
The Board of Directors is responsible for the direction and control of all matters pertaining to
the Corporation. In addition to the fundraising activities, the Board of Directors may have an
advisory role as to progrannning pursuant to procedures and duties established from time to time by
the City Commission.
6.1. Members of Board of Directors:
The affairs of the Corporation shall be managed by the Board of Directors, all of whom
shall serve without compensation. There shall initially be twenty-five (25) Directors; at all times
there shall be no less than twenty-one (21) nor more than thirty-one (31) Directors. A majority of
the Directors must be residents ofthe City of Aventura.
6.2. Election and Terms of Directors:
Directors shall be divided into two groups which are as near in number as possible and
which shall be organized so that the terms of all Directors in each group shall expire
simultaneously.
The number of Directors shall be fixed at each annual meeting but shall not be reduced in
such manner as to affect the existing term of any Director and may be increased as described
herein. The number so fixed may be increased or decreased (subject to approval of the City
Commission) within the limits specified in Section 6.1 at any regular meeting of the Board of
Directors or at any special meeting of the Board of Directors called for that purpose, provided
that any Directors to be elected by virtue of such increase may be assigned to existing groups so
that the number of Directors in each class shall be as nearly equal as may be.
6.3. Appointment of Directors:
3
Subject to the provisions contained herein, the City Commission shall initially nominate
fourteen (14) members of the Board of Directors and the remaining eleven (11) members of the
Board of Directors shall be selected by applications submitted to the City Manager. All
appointments shall be made by the Mayor, subject to approval by the City Commission.
6.4. Qualifications of Directors
It is essential to the Corporation that at least Eight Million Dollars ($8,000,000.00) be
raised forthe Cultural Center. As such, the members of the Board of Directors are encouraged to
devote time, professional knowledge, personal influence, personal resources and/or a combination
thereof to attain the goals of the Corporation and shall be selected by reason of their abilities to
do the following:
a. To provide and secure financial support for the activities ofthe Corporation. The skills
and/or resources of the Directors are vital to the financial well-being of the
Corporation. Also, Directors, because they have great standing in the community, can
greatly influence individuals, corporations, foundations and government agencies to
provide financial support.
b. To volunteer their specialized business expertise, advice and guidance to working
committees when needed.
c. To spearhead and to reinforce all community and public relations work of the
Corporation.
6.5. Term of Directors:
There shall be an appointment of approximately one-half of the Directors at each annual
meeting: the fourteen (14) Directors nominated by the City Commission shall serve 1 year and the
remaining eleven (11) Directors appointed through the application process, described above, shall
serve 2 years. All Directors shall be permitted to serve unlimited terms. The Chairman and Vice
Chairman shall be permitted to serve one full term in such capacity.
6.6. Filling of Vacancies:
Upon the occurrence of any vacancies of a Director, the City Mayor, with the affirmative
vote of the City Commission, shall designate a replacement to fill such vacancy. Each person
selected to fill such vacancy shall hold office for the unexpired term of hislher predecessor in
office.
6.7. Resignations:
4
Any Director may resign from hislher office at any time by delivering hislher resignation in
writing to the Corporation, and the acceptance of such resignation, unless required by the terms
thereof, shall not be necessary to make such resignation effective.
6.8. Removal of Directors:
Any Director may be removed by the affirmative vote of the City Commission, provided
such Director has been given prior notice that the subject of hislher removal will be presented to
the City Commission at a duly noticed meeting.
ARTICLE vn
Meetinl!s of Board of Directors
7.1. Meetings of Board of Directors:
Every meeting of persons who are Directors of the Corporation at which there is a
quorum shall be a meeting of the Board of Directors, and except as otherwise provided herein,
any action taken at such meeting shall be the action of the Board of Directors in so far as such
action is authorized by law.
7.2. Minutes:
Action taken at meetings of the Board of Directors shall be recorded in minutes. Such
minutes need not distinguish between the different types of meetings in which action is taken.
7.3. Annual Meeting:
The Annual Meeting for the election of officers and for the transaction of such other
business as may properly come before the Directors shall be held on such day in the month of May
or June in each year at such time and place as the Board of Directors shall determine and specify
in the notice of meeting.
7.4. Regular Meetings:
Regular meetings, at which any action taken shall be action only of the Board of Directors,
shall be held on such days, times, and places as the Board of Directors shall detennine.
7.5. Special Meetings:
5
Special meetings shall be called at any time by the Secretary, upon the request of the
Chairman or upon the written demand, of any three Directors.
7.6. Time and Place of Meetings:
All meetings shall be held at such time and place within the City of Aventura as may from
time to time be fixed by the Board of Directors or, in the case of regular meetings, as may be fixed
by the Chairman or the Secretary and, in the case of annual meetings and special meetings, as may
be designated in the respective notices or waivers of notice thereof.
7.7. Waiver of Notice:
No notice of the time, place or purpose of any meeting of the Corporation or of any
meeting of the Board of Directors, or any publication thereof; whether prescribed by law, or by
these Articles ofIncorporation, need be given to any person who attends such meeting, or who, in
writing, executed either before or after the holding thereof; waives such notice and such
attendance or waiver shall be deemed equivalent to notice.
7.8. Quorum and Voting:
A majority of the Directors shall constitute a quorum for the transaction of business by the
Directors, and whenever any corporate action is to be taken by vote of the Directors, it shall,
except as otherwise required herein or by law, be authorized by a majority of the votes cast at a
meeting of Directors. Except as otherwise provided by law or by these Articles of Incorporation,
the affirmative vote of at least thirteen (13) Directors shall be the act of the Board, and in the
absence of a quorum, the Board shall take an adjournment until a quorum shall be present.
Subject to compliance with the provisions of the Florida Government in the Sunshine Law
which would apply to a government agency, anyone or more Directors may participate in a
meeting of the Board by means of conference telephone or similar communications equipment
allowing all persons participating in a meeting to hear each other at the same time.
7.9. Presumption of Assent:
No Director may abstain from voting except for an asserted conflict of interest, which
must be stated on the record. A Director who is present at a meeting of the Board of Directors at
which action on any corporate matter is taken shall be presumed to have assented to the action
taken unless he/she votes against such action or abstains from voting because of an asserted
conflict of interest.
7.10.. Attendance Requirements:
The Secretary shall maintain a record of attendance of the Directors at the regularly
6
scheduled Board meetings. At any time the Secretary finds that a Director has failed to attend
three (3) consecutive regularly scheduled meetings or half of all regular meetings in a twelve-
month period (a Director shall be deemed absent for this purpose if he or she is not present for at
least three-quarters of the meeting), the Secrelary shall so advise the Chairman and the Board.
The Directors (other than the member reported for such failure to attend meetings) may remove
such non-attending member from the Board by the affirmative vote of a majority of all such
Directors other than the non-attending member.
7.11. Financial Disclosure:
Directors shall file the same Florida Financial Disclosure Statements required of municipal
officers.
7.12. The Sunshine Law:
The Board of Directors shall comply with Florida Government in the Sunshine Law in the
conduct of all its meetings to the same extent as if it were an elected body.
7.13. Public Records Act:
The Corporation shall comply with Florida Public Records Act as if it were a
governmental agency.
ARTICLE VIII
Election of Officers
8.1. Election of Officers:
At the first meeting and at each annual meeting of the Board of Directors, the Board of
Directors shall elect a Chair, Vice Chair, Secretary and a Treasurer, all of whom shall be
Directors. The Board may also appoint one or more Assistant Secretaries and Assistant
Treasurers, who need not be Directors. Officers of the Corporation shall serve without
compensation. An Officer which has been bestowed an office by the Board may be removed from
office by the affirmative vote of the Board, provided such Officer has been given the right to a
hearing prior to hislher removal from office.
8.2. Duties of Officers:
a. Chair:
7
The Chair shall be the chief executive officer ofthe Corporation. He/she shall preside at all
meetings of members and the Board of Directors.
b. Vice Chair:
The Vice Chair shall have such duties as may be fixed by the Board of Directors. In the
Chair's absence, the Vice Chair shall preside at meetings of members and the Board of Directors.
c. Secretary:
The Secretary shall keep a record in permanent form of all meetings of the Board and shall
send out notices of all meetings of the Board of Directors. In the Chair and Vice Chair's absence,
the Secretary shall preside at meetings of members and the Board of Directors.
d. Treasurer:
The Treasurer shall have the responsibility for the custody and investment of all funds and
assets of the Corporation and shall hold and disburse them in accordance with the
instructions of the Board of Directors. Handling of funds shall be subject to fiscal controls
required by the City Manager. He/she shall insure that all monies belonging to the Corporation
are deposited in such banks as the Board shall designate, said monies to be deposited to the
account of the Aventura Cultural Center Foundation, Inc. He/she shall insure that true books of
accounts are kept and shall make such reports as are required by the Board or the Chairman. Said
books shall at all times be open to inspection by any of the Directors. The Treasurer shall be
bonded. The Treasurer shall serve as Chairman of the Finance Committee, if any. In the event the
Chair, Vice Chair and Secretary's absence, the Treasurer shall preside at meetings of members
and the Board of Directors.
ARTICLE IX
Miscellaneous Provisions
9.1. Staff Functions:
Staff shall perform the day-to-day operations of the Corporation and such duties and
personnel shall be pursuant to a plan provided by the City Manager.
9.2. Startup Costs:
The City shall initially grant to the Corporation an amount not to exceed Ten Thousand
and No/I00 Dollars ($10,000,00) to be used for the initial startup costs of the Corporation.
8
9.3. Execution of Corporate Instruments:
The Board of Directors may designate the officers and agents who shall have authority to
execute any instrument on behalf of the Corporation. When the execution of any contract,
conveyance or other instrument arises in the ordinary course of the Corporations activities, or has
been authorized without specification of the executing officers, any two of the officers may
execute the same in the name and behalf of the Corporation and may affix the corporate seal
thereto. No person holding more than one office shall execute, acknowledge or verifY an
instrument in more than one capacity.
9.4. Depositories:
All monies, securities and other valuables of the Corporation shall be deposited in the
name of the Corporation in such banks, trust companies, or corporate safe deposit vaults as the
Board of Directors from time to time shall designate for such purposes, and shall be withdrawable
only by check or orders signed by the personal signature of such officers or agents as may be
designated from time to time by the Board of Directors. At least two signatures shall be required
on all such checks or orders.
9.5. Indemnification of Officers and Directors:
Each person who acts as a Director or Officer of the Corporation shall be indemnified by
the Corporation against any costs and expenses which may be imposed upon or reasonably
incurred by hirnlher in connection with any action, suit or proceeding in which he/she may be
named as a party defendant by reason of his/her being or having been such Director or Officer, or
by reason of any action alleged to have been taken or omitted by hirnlher in either such capacity;
provided however, that the Corporation shall not indemnify any such person against any costs or
expenses imposed upon or incurred by hirnlher in relation to matters as to which he/she shall be
finally adjudged to be liable to the Corporation for negligence, misconduct or any other cause, or
for any sum paid by him to the Corporation in settlement of an action, suit or proceeding based on
his/her alleged dereliction of duty. This right of indemnification shall inure to each Director and
Officer whether or not he/she is such Director or Officer at the time such costs or expenses are
imposed or incurred, and whether or not the claim asserted against hirnlher is based on matters
which antedate the adoption of these Articles of Incorporation; and in the event of his/her death
shall extend to his/her legal representatives. Each person who shall act as Director or Officer shall
he deemed to be doing so in reliance upon such right or indemnification; and such right shall not
be exclusive of any other right which he/she may have. The Corporation shall have power to
purchase and maintain insurance to indemnify the Corporation and its Directors and Officers to
the full extent such insurance is permitted by law.
9.6. Parliamentary Authority:
Roberts Rules of Order Revised shall govern the proceedings of the Corporation,
9
including its Board and Committees, to the extent applicable and consistent with these Articles of
Incorporation and any Bylaws.
9.7. Corporate Records:
Corporate records shall be available for open review according to federal and state
regulations. Such records shall be located in Aventura and shall remain in the custody of the
Secretary of the Board. The location of the records shall be specified to the City Clerk and the
City Clerk shall be provided access to the records at all times.
9.8. Fiscal Year:
The fiscal year of the Corporation shall be October 1 through September 30 of each year.
ARTICLE X
Amendment Of Articles Of Incorporation
Subject to the approval of the City Commission, the Articles of Incorporation of this
Corporation may, in any particular, be repealed, and new Articles of Incorporation, not
inconsistent with any provision of law, may be adopted, either by the affirmative vote of two-
thirds of the voting members of the Corporation present at a duly-noticed annual or special
meeting of the members at which a quorum is in attendance, or by the affirmative vote of two-
thirds of the Directors, provided, however, that the Directors shall neither make nor alter any
article regarding their qualifications, classifications, or term of office, nor relating to the
requirements of a quorum for any meeting of the members of the Corporation, and that at least
ten (10) days notice of such proposed amendment shall have been furnished to all of the
Directors. Any proposed amendment( s) must be approved by a majority of the City
Commissioners before becoming effective.
ARTICLE XI
Dissolution
Upon dissolution, all of the Corporation's assets remaining after payment of all costs and
expenses of such dissolution shall be distributed to the City Commission. Thereafter, the City
Commission shall distribute the assets to the donors pursuant to a formula set forth by the City
Commission if the Cultural Center is not developed. All unexpended funds given by donations
shall be subject to all costs and expenses for the operations of the Corporation.
ARTICLE xn
Headinl!s and Captions
10
The headings or captions of the various articles contained herein are inserted for convenience
only and none shall have any force or effect, and the interpretation of the various articles shall not be
influenced by any of said headings or captions.
ARTICLE XIII
Initial RCl!istered Office and RCl!istered A2ent
The street address of the initial registered office of the Corporation shall be c/o Eric M. Soroka, 19200
West Country Club Drive, Aventura, Borida 33180, and the initial registered agent of this
Corporation at such office shall be Mr. Eric M. Soroka, who upon accepting this designation
agrees to comply with the provisions of Sections 48.091,617.023,607.0501 and 607.0502,
Borida Statutes, as amended from time to time, with respect to keeping an office open for service
of process.
ARTICLE XIV
Incoroorator
The name and address of the incorporator of the Corporation is as follows:
Mr. Eric M. Soroka
City Manager
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
IN WITNESS WHEREOF, I, the undersigned incorporator, have executed these Articles of
Incorporation this day of , 2001.
ERIC M. SOROKA
[Notary acknowledgement on following page]
11
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared ERIC M. SOROKA, to me
known to be the person who executed the foregoing Articles of Incorporation, and he acknowledged
before me that he executed the same for the purposes therein mentioned and set forth. He [X] is
personally known to me or [ ] provided as identification.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this
,2001.
day oC
Signature of Notary
Name of Notary:
My Commission Expires:
(NOTARY SEAL)
12
CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR
THE SERVICE OF PROCESS WITHIN FLORIDA AND
AGENT UPON WHOM PROCESS MAY BE SERVED
In compliance with Sections 48.091 and 617.0502, Florida Statutes, the following is submitted:
Aventura Cultural Center Foundation, Inc., (the "Corporation"), desiring to organize as a
Florida corporation not-for-profit, has named and designated Eric M. Soroka, City Manager of the
City of A ventura, as its Registered Agent to accept service of process within the State of Borida with
its registered office located 3119200 West Country Club Drive, Aventura, Borida 33180.
ACKNOWLEDGMENT
Having been named as Registered Agent for the Corporation at the place designated in this
Certificate, I hereby agree to act in this capacity; and I am familiar with and accept the obligations of
Section 617.0503, Borida Statutes, as the same may apply to the Corporation; and I further agree to
comply with the provisions of Section 48.091, Borida Statutes, and all other statutes, all as the same
apply to the Corporation relating to the proper and complete performance of my duties as Registered
Agent.
Dated this _ day of
, 2001.
REGISTERED AGENT:
ERIC M. SOROKA
F:1J28OO1\DoanJcnls\A VEN1URA CULlURAL CENTERARTICLES OF INCORPORA.TION 100lg..oJ.doc
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
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December 30, 1992
DARYL B. CRAMER
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
Re: Document Number 763790
The Amended and Restated Articles of Incorporation for THE RAYMOND F.
KRAVIS CENTER FOR THE PERFORMING ARTS, INC., a Florida corporation,
were filed on December 30, 1992.
The certification you requested is enclosed.
Should you have any questions concerning this matter, please telephone (904)
487-6050, the Amendment Filing Section.
Velma Shepard
Corporate Specialist
Division of Corporations
Letter Number: 792A0001 0839
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AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF
THE RAYMOND F. KRAVIS CENTER FOR
THE PERFORMING ARTS, INC.
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Pursuant to the provisions of Section 617.1007,
Florida
Statutes, the undersigned Corporation hereby amends and restates,
in its entirety, its Articles of Incorporation originally filed
with the Secretary of State as Palm Beach County Center for the
Arts, Inc. on July 27, 1982 as document number 763790, amended in
their entirety by Amended Articles of Incorporation filed on June
14, 1983 and further amended pursuant to Articles of Amendment
filed on December 8, 1988.
These Amended and Restated Articles of
Incorporation were duly adopted at a meeting of the Board of
Directors of this Corporation on November 25, 1992 by a majority
vote of the Directors then in office.
The Corporation has no
members.
ARTICLE I
NAME OF CORPORATION
The name of this Corporation shall be THE RAYMOND F. KRAVIS
CENTER
FOR
THE
PERFORMING
ARTS,
INC.
(hereinafter
the
"Corporation") .
ARTICLE II
PRINCIPAL OFFICE AND MAILING ADDRESS
The principal office and mailing address of the Corporation
shall be 701 Okeechobee Boulevard, West Palm Beach, Florida 33401.
ARTICLE III
CORPORATE NATURE
This is a Florida non-profit corporation pursuant to Chapter
617, Florida Statutes, the Florida Not For Profit Corporation Act,
as amended.
ARTICLE IV
CORPORATE DURATION
This Corporation shall have perpetual existence unless sooner
dissolved by law.
ARTICLE V
PURPOSE AND POWERS
Section 1. Purposes. This Corporation is organized
exclusively for cultural and educational purposes within the
meaning of Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, or the corresponding provision of any future United
States Internal Revenue Law, to develop, coordinate, promote, and
present the visual and performing arts and other cultural
activities and endeavors in Palm Beach County, Florida; to own,
maintain and operate a performing arts
facilities (the "Facility"); and for the
purposes:
theater and related
following additional
(a) to further a public purpose through making the
Facility available to all members of the general public who attend
its events through the purchase of tickets;
-2-
1862X
(b) to encourage and cultivate public and
professional knowledge and appreciation of all of the arts through
the preparation and/or public presentation and/or public
exhibition of dramatic and musical works, dance, opera, motion
pictures, television, music, recordings
performing and/or visual arts of any nature;
(c) to conduct lectures,
and works of
fine,
seminars,
classes
and
workshops;
(d) to broadcast and telecast performing and visual
arts;
.. (e) to provide banquet, concession and other food
and alcoholic and non-alcoholic beverage activities related to the
use of the Facility;
(f) to conduct fund raising activities;
(g) to provide auxiliary services for artists,
educators, students and/or the general public;
(h) to utilize the Facility for other activities
compatible with its use; and
(i) to operate primarily and predominantly for the
public and to promote the public welfare and economy of Palm Beach
County, including but not limited to the promotion of tourism.
Section 2. Powers. This organization may exercise all powers
granted to a not-for-profit corporation under the laws of the
State of Florida. These powers include, but are not limited to:
(a) to use the proceeds of donations, grants or
other funding in the exercise of its powers and purposes;
-3-
1862X
(b) to own, maintain, repair, replace, operate and
sell Corporation property;
(c) to make and amend regulations respecting the
use of the property of the Corporation; and
(d) to do any and all lawful acts and things which
may be necessary, useful or proper for the furtherance or
attainment of all of the purposes or powers of the Corporation;
provided, however, that the Corporation may not exercise any power
in such a manner as would disqualify the Corporation for exemption
from income tax under Section 501(c)(3) of .the Internal Revenue
Code, as amended, or the corresponding provision of any future
United States Internal Revenue Law.
ARTICLE VI
EARNINGS AND ACTIVITIES
Notwithstanding any other provisions of these Articles of
Incorporation or the Bylaws of this Corporation, the Corporation
shall be restricted as follows:
(a) no part of the net earnings of the Corporation shall
inure to the benef i t of any di rector, off icer 0 r other assoc i a te
or representative of the Corporation or any private individual
(except that reasonable compensation may be paid for services
rendered to or for the Corporation in effecting one or more of its
purposes), and no director, officer or private individual shall be
entitled to share the distribution of the Corporation's assets
upon dissolution of the Corporation;
(b) this Corporation shall not carryon any other activities
-4-
1862X
~ot permitted to be undertaken by: (i) a corporation exempt from
federal income tax under Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, or the corresponding provisions of any
future United States Internal Revenue Law, or (ii) a corporation
to which contributions are deductible under Section 170(c) (2) of
the Internal Revenue Code of 1986, or any other corresponding
provisions of any future United States Internal Revenue Law.
(c) no substantial part of the activities of the Corporation
shall consist of the carrying on of propaganda, or otherwise
attempting to influence legislation, nor shall the Corporation
participate in or intervene in any political campaign on behalf of
any candidate for public office;
(d) the Corpora.tion shall not, except to an insubstantial
degree, engage in any activities or exercise any powers that are
not in furtherance of the purposes of this Corporation; and
(e) this Corporation shall not be operated for profit.
ARTICLE VII
MANAGEMENT OF CORPORATE AFFAIRS
Section 1. Board of Directors. The powers of this
Corporation shall be exercised, its properties controlled, and its
affairs conducted by the Board of Directors. The Board of
Directors shall be elected or appointed in accordance with the
Bylaws of the Corporation, provided the number of directors shall
be no less than three (3) at all times.
-5-
1862X
'..
Section 2.
Officers.
The officers of this Corporation shall
be elected annually by the Board of Directors for a one (1) year
term and shall consist of a Chairman, one or more vice Chairmen, a
Secretary, a Treasurer and such additional officers as may be
provided in the Bylaws of this Corporation.
Section 3. Emolovment of Staff. The Board of Directors may
retain a staff, including an Executive Director, to conduct day to
day management and supervision of Corporation affairs, consistent
with pOlicies and directions set by the Board, and with the Bylaws.
ARTICLE VIII
INDEMNIFICATION
Section 1. Riuht to Indemnification. The Corporation hereby
indemnifies each person (including the heirs, executors,
administrators, or estate of such person) who is or was a
director, officer or employee of the Corporation to the fullest
extent permitted or authorized by current or future legislation or
by current or future judicial or administrative decision (but, in
the case of any future legislation or decision, only to the extent
that it permits the Corporation to provide broader indemnification
rights than permitted prior to the legislation or decision),
against all fines, liabilities, costs and expenses, including
attorneys' fees, asserted against him or incurred by him in his
capacity as a director, officer, agent, employee or
representative, or arising out of his status as a director,
officer, agent, employee or representative.
The foregoing rights
-6-
l862X
\.
of indemnification shall not be exclusive of other rights to which
those seeking an indemnification may be entitled. The Corporation
may maintain insurance, at its expense, to protect itself and all
officers, directors and employees against fines, liabilities,
costs and expenses, whether or not the Corporation would have the
legal power to indemnify them directly against such liability.
Section 2. Advances. Costs, charges and expenses (including
attorneys' fees) incurred by a person referred to in Section 1 of
this Article VIII in defending a civil or criminal suit, action or
proceeding shall be paid by the Corporation in advance of the
final disposition thereof upon receipt of an undertaking to repay
all amounts advanced if it is ultimately determined that the
person is not entitled to be indemnified by the Corporation as
authorized by this Article VIII, and upon satisfaction of other
conditions required by current or future legislation (but, with
respect to future legislation, only to the extent that it provides
conditions less burdensome than those previously provided).
Section 3. Savinas Clause. If this Article VIII or any
portion of it is invalidated on any ground by a court of competent
jurisdiction, the Corporation nevertheless indemnifies each person
described in Section 1 of this Article VIII to the fullest extent
permitted by all portions of this Article VIII that has not been
invalidated and to the fullest extent permitted by law.
-7-
1862X
\.
ARTICLE IX
AMENDMENT OF BYLAWS
The Bylaws of this Corporation may be made, altered,
rescinded, added to, or new Bylaws may be adopted by following the
procedure set forth therefor in the Bylaws.
ARTICLE X
AMENDMENT OF ARTICLES
These Articles of Incorporation may be amended from time to
time by a resolution adopted by two-thirds (2/3) of the Board of
Directors present at any meeting of the Board.
ARTICLE XI
DISSOLUTION
In the event of dissolution of this Corporation, the residual
assets of the Corporation will be distributed to one or more
organizations of the type described in Sections 50l(c)(3) and
170(c) (2) of the Internal Revenue Code of 1986, and corresponding
provisions of any future United States Internal Revenue Law, or to
the federal, state, or local government, for exclusive public
purposes and use.
ARTICLE XII
NON-DISCRIMINATION
In selection of officers, directors, agents or employees, and
in carrying out the purposes of this Corporation, there shall be
-8-
1862X
'.
'.
no discrimination as to race, creed, national origin, age, sex,
handicap, or religion.
THE RAYMOND F. KRAVIS CENTER FOR
THE PERFORMING AR INC.
By:
Alex W. Dreyfoo ,
Print Name
Its President
-9- l862X
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-Box Office
-Calendar
-Contacts
-Comerate Partners
-Cultural Society
-Directions
-Education
.Facilities
-He loful Fa cts
'J:li>!2n/
-Job QDoortunities
-Local Arts GrouDS
-Mailing List
.MembershiD
-Press Releases
-Seatina Charts
-search Site
-Search Shows
-Shows AlDhabetical1v
-Staff
-TICkets
.rectmicallnformation
-Volunteerina
.Youna Friends
History of the Kravis Center
The Seed of an
Idea
The Seed of an Idea
Having a major
performing arts
facility has long
been a dream of
Palm Beach
County
residents. In fact
efforts to build
an arts center
began here in
the early 19505.
The first step in
this direction
came with the
arrival of the
Palm Beach
Playhouse, now
the Royal
Poinciana
Playhouse.
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In 1968, one local arts pioneer, Mary Howes, along with a group of
other residents, formed FinA .4.",<: C'.......:..-, .
sponsored ~
would aCCOl
productions
John Volk t<
land was op
Auditorium.
yet ready to
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Early Eff,
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Council of the
Arts (recently
renamed the
Palm Beach
County Cultural
Council) was
created, largely
as a result of the efforts of Alexander W. Oreyfoos, Jr., then
chairman and president of Photo Electronics Corporation/WPEC TV-
12, and Judith Goodman, an executive with Mr. Dreyfoos' firm. One
of the goals of the council was to explore the possibility of building
a major performing arts center.
By 1980, the Arts Center Committee was actively pursuing the
construction of an arts center financed solely with private funds.
Although a site at Currie Park on Lake Worth in West Palm Beach
had already been selected, the community was not yet ready to
meet the financial challenge that the Center presented.
Initial efforts to secure public funding focused on a proposed
county one cent sales tax referendum. Although the referendum
was defeated, results showed that some thirty percent of voters
had agreed to tax themselves to build a world-class performing
arts center. These results were encouraging.
@ too of oaoe
Getting It Built
By 1983, plans for the location of the Center had changed.
Because of neighborhood opposition, Currie Park was no longer an
option. Instead, planners switched their focus to a site adjacent to
Palm Beach Community College in John Prince Park.
The Center gathered $20 million in public commitments, but at this
point at least another $5 million needed to be raised to build the
center. In 1985, Mr. Dreyfoos kicked off the private fundraising
campaign with a $1 million gift from Photo Ele~ronics
Corporation/WPEC TV-12.
Then, in 1986, came a multimillion
dollar contribution that shifted
fundraising efforts into high-gear. A
consortium of friends of Oklahoma
native Raymond F. Kravis, a prominent
geologist and philanthropist who
wintered with his wife Bessie in Palm
Beach, agreed to raise $5 million in Mr.
Kravis' honor. The gift served as a
major catalyst to the private
tundraising campaign and inspired the
Center's official name. By the time the
center opened to the public in 1992,
contributions in Mr. Kravis' honor
totaled over $10 million.
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A year long review of architects culminated in 1986 with the
selection of world~renowned Canadian architect, Eberhard Zeidler
of Toronto-based Zeidler-Roberts Partnership. As the community's
support for the Center grew, the scope and function of the facility
that was originally envisioned expanded. The estimated cost for
this new type of facility was $55 million. The community responded
positively to this new plan, with Barnett Bank assembling a
consortium of banks to offer a $17 million construction loan,
backed by county issued Industrial Development Revenue Bonds.
It seemed that all was a go, as a ground breaking ceremony took
place at the community college site. However, just one month
later, negotiations with the college came to a halt when it was
learned that state regulations prohibited any debt financing to be
used for the construction of facilities on community college
campuses.
At this juncture, the City of West Palm Beach offered a 5.4 acre
parcel of prime downtown real estate as an alternate site. The land
was part of Downtown/Uptown, a largs4scale private
redevelopment project. In addition the city offered a $5 million
contribution and long-term financing for the construction of the
parking garage.
At this time,
Blount, Inc.,
builder of,
amongst other
major facilities,
the New Orleans
Superdome, was chosen as the construction company that would
build the Center. Blount began the 36 month construction schedule
in September of 1989. They were joined by New York-based Artec
Consultants' Russell Johnson, who designed the pristine acoustics
of the main concert hall. In addition, Robert Metzger Interiors, also
based in New York, brought a '40s Moderne motif to everything
from the carpeting and furniture to the colors of the marble.
Fundraising efforts proceeded beyond everyone's most optimistic
hopes, and by the summer of 1991, it was evident the center
would likely achieve an unheard of goal--a fully funded opening.
The accomplishment, espedally in light of the high percentage of
private funding, made international headlines.
@ too of Dace
The Grand Opening
In September of 1992, the Kravis Center doors opened to an
anxiously awaiting community. The Center's dedication week
hosted tens of thousands of patrons for a full week of free
performances featuring local arts groups.
The Gala Grand Opening took place on November 28, 1992 and
featured the following program:
Florida
Philharmon
Orchestra,
James
Judd,
Conductor
Burt
Reynolds,
Master of
Ceremonie
Roberta
Peters
Isaac Stern
Leontyne Price
Ella Fitzgerald
Act I:
Act II:
Faith Prince
Uly Tomlin
The Alvin Ailey American Dance Theater
More than 2,000 guests attended the spectacular event along with
one of the largest national and fore~n press corps to ever cover an
arts center opening. After the star-studded show, guests
proceeded to the magically transformed roof of the Kravls Center
parking garage where the dinner dance took place.
@ top of page
The Law Offices 0
MOYLE
FLANIG
KAT
RAYMOND
&SHEEHAN
P.A.
POST OFFICE Box 3888 (ZIP 33402-3888)
625 NORTH FLAGLER DRIVE, 9TH FLOOR
WEST PALM BEACH, FLORIDA 33401-4025
OTHn OI1FICE:
TALLAHASSU:
Pun L. BRETON
JOliN R. EUBANKS, JR..
JOHN F. FLANIGAN
[\IIARTIN V. KATZ
PAUL A. KRASKER
JON C. MOYLE
JON C. MOYLE, JR.
MARSHALL J. OSOFSKY
MJ.RK E. RAYMOND
CATHY M.S.ULERS
THOMAS A. SHUHAN,IIl
ROBltRT J. SNIFFEN
MARTA M. SUARr.z-MuRIAS
WILTON L. WHITE
TELEPHONE (561) 659-7500
FACSIMILE (561) 659-1789
WRITER'S DIRECT LINE:
(561) 822-0315
OF COUNSEL:
DANIEL K. CORBETT
TUOMAS A. HICU:V
WILLIAM J. PAYNE
August 22,2001
Ms. judy Appelgren
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Dear Ms. Appelgren:
Enclosed, as you requested in our telephone conversation today, is a copy of the Articles
of Incorporation of The Raymond F. Kravis Center for the Performing Arts, Inc. (the not-for-
profit corporation that owns and operates the Kravis Center in West Palm Beach). I hope this is
of assistance to you.
Sincerely yours,
~ IJ ~W7
Thomas A. Sheehan, III
TAS:ct
Enclosure
G:\16180\Q8-22-o1 AppeJgren Ltr.wpd
Perfornling Arts Center
The Performing Arts Center of Greater Miami will add an architectural
landmark and world-class cultural facility to the downtown landscape,
enhancing the area's growing reputation as the Capital of the Americas and
a major international center for business, sports, tourism and entertainment.
. Designed by world-renowned architect. Cesar Pelli, the Center will be the
focal point of a planned Arts, Media and Entertainment District in mid-Miami.
The complex will be wrapped in limestone; slate, decorative stone, stainless
steel, glass curtain walls and tropical landscaping will embellish the exterior
of the buildings.
. A major new destination point for the community, more than 500,000
people, including 100,00 schoolchildren, will attend the Center's year-round
schedule of performances and activities. Millions more will participate in
related events and visit the site annually.
Center components include:
. [l . A 2,480-seat Ballet Opera House
. [l . A 2,200-seat Concert Hall
. [l . A 200-seat Studio Theatre
. [l . A central Plaza for the Arts
. [l . A restored Art Deco Tower
. [l . An Education Center
. [l . Banquet Hall and Restaurant
. [l . Parking adjacent to both major houses
~
AI/ spaces in the Center are handicapped accessible.
E
Public/Private Partnerships
. Greater Miami's Performing
rts Center is Miami-Dade
County's most important civic
project. A unique combination of
public financing and private-
sector funding is responsible for
building this magnificent new
acility.
. Already $201 million in public
revenues has been allocated to
he building program by the
County, the majority of which
comes from the Convention
Development Tax, with
significant funds from the Omni
Tax Increment District.
. The Performing Arts Center
Foundation, representing the
five Resident Companies, must
raise:
$22.2 million to support design and
. construction costs
$21.0 million to create an operating
endowment
$05.0 million to cover campaign
. expenses
'$48.2 Million
~-
Second Century Fund
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. The Second Century Fund is
the capital and endowment
campaign designed to
encourage and recognize
significant gifts from the private
sector in the amount of $48.2
million.
Under the Commemorative
Gift Opportunities Program, two
initiatives invite donors to help
he center.
Legacy Named Spaces
nable donors to leave a legacy
for their families and future
generations of Miamians by
naming facilities and spaces
throughout the Performing Arts
Center.
. The Premier Seating
Program offers donors the
opportunity to reserve seats or
boxes in the preferred seating
areas of each major hall in the
advance of the Performing Arts
Center's opening.
Donor benefits and privileges
are commensurate with the
level of the gift:
Leadership & Major Gifts 1996 -1999
$40 Million Goal
Special & Support Gifts 1999 - 2001
$6.6 Million Goal
Community Appeai Phase 2001 - 2003
$2.2 Million Goal
..~
Campaign Leadership
The campaign leadership
consists of Sherwood M.
Weiser, Chairman, Board of
Directors, PACF, and Chairman
& CEO, Carnival Hotels &
Resorts, with M. Anthony Burns,
Chairman, Second Century
Fund, and Chairman & CEO,
Ryder System, Inc.
5-m..
Project Schedule
Greater Miami's new $244
million Performing Arts Center
will be one of the major centers
in the United States designed
with multiple halls for the finest
presentation of ballet, opera,
theater and symphonic music.
Architectural Design Phase
1996 to 1998
'Ground Breaking
May 1& 2,1999
Construction Phase
2000 to 2002/2003
Opening New Center
2002/2003
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Back to Opening Page
Broward County's glittering Center for the
Performing Arts has been the catalyst for a
revitalized downtown Fort Lauderdale. Its
unrivaled facilities are the crowning jewel of
Fort Lauderdale's Arts and Science District.
The $55-million complex consists of the
magnificent 2,700-seat Au-Rene Theater and
the intimate 590-seat Amaturo Theater, both
of which present a wide variety of performing
arts. From Broadway musicals to Gramrny-
winning pop artists to the classic greats, the
Broward Center offers something for
everyone. For details, call the Broward
Center's AutoNation Box Office at (954) 462-
0222.
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The Broward Center
for the Performing Arts
Government Partnerships
& Grants Acknowledgments
The 1999-2000 presentations for the Broward Center for the Performing Arts are
sponsored in part by major grants from the State of Florida, Department of State,
Division of Cultural Affairs and the Florida Arts Council. Additional support is also
provided by a grant from the National Endowment of the Arts through partnership
with Southern Arts Federation in partnership with the Florida Arts Council and the
Division of Cultural Affairs, Florida Department of State. Funding for the Broward
Center for the Performing Arts is provided in part by the Broward County Board of
County Commissioners, the Broward Cultural Affairs Council, the City of Fort
Lauderdale and the Greater Fort Lauderdale Convention and Visitor's Bureau.
Funding for the Student Performances is provided by the School Board of Broward
County, Florida and the Student Enrichment in Arts and Science (SEAS) program.
Major support is also provided by the Broward Performing Arts Foundation, Inc.
Ballet Hispanico is funded in part by a grant from the New England Foundation for
the Arts, with support from the National Endowment for the Arts, the Andrew W.
Mellon Foundation, the John S. and James 1'. Knight Foundation, and the Philip
Morris Companies Inc. Touring for the National Dance Project is sponsored by the
Philip Morris Companies Inc., celebrating 25 years of dance support.
Philadanco is funded in part by the National Dance Project of the New England
Foundation for the Arts, with lead funding by the National Endowment for the Arts
and the Doris Duke Charitable Foundation. Additional funding is provided by the
Andrew W. Mellon Foundation and Philip Morris Companies Inc.
Back to Opening Page
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II ENTOURAGE II
BUSINESS PARTNERSHIP COUNCIL
II
Entourage: Membership Family at the Broward Center
for the Performing Arts
See your favorite stars today...
And keep the curtain raised on the stars of tomorrow!
When you join ENTOURAGE, the membership family of the Broward Center for the
Performing Arts, you are helping to keep the curtain raised on performances and
programs that excite not only you and your family, but also inspire, motivate and educate
the stars of tomorrow. Memberships start at only $50, and your tax-deductible donation
is also your admission to other membership benefits including advance ticket ordering
for Broward Center self-presentations, special offers at area restaurants and quarterly
newsletters. Most importantly, ENTOURAGE is a great way to see the shows you enjoy
while investing in the future of the performing arts in South Florida. To join the
ENTOURAGE family or give the gift of membership to a friend, colleague or loved one,
please complete and return the application form. For more information or to receive a
brochure detailing the membership levels and benefits, please call 954.468.2681.
Go To Entourage MembershiD Form
Business Partnership Council
Your Business is Our Business
Become a Corporate Member and Keep Company with the Best!
The Business Partnership Council offers the corporate community the opportunity to
invest in the finest arts and entertainment facility in South Florida. Reap the benefits of
corporate membership while helping to keep the Broward Center's stages filled with the
artistry of the world's greatest performers. Your company or organization will receive
benefits and recognition opportunities for one year, beginning on the date of your gift.
Benefits at all levels include:
. Advance Ticket Ordering
. BCPA Season Brochure and Calendar before the general public
. Discounts/privileges at area restaurants
. Subscriptions to Center Stage and Bravo
. Name listing in the Business Partnership Council roster in
Bravo for one year
. Right of first refusal on sponsorship opportunities at the Broward Center.
Your company will also receive a credit towards sponsorship amount based
on your level of giving.
Higher levels of giving offer additional benefits and amenities.
For a complete listing of benefits, please call (954) 468-2691.
Go To Business PartnershiD Council
-
(.. '~39G
\IS or F'LORIDA
C~PTER 84-
CHAPTER 80-396
Senat~ aill No. 776
:~
~-
.n aCt reUting to .roward County; creo.tinq itod. establishing
tne Perfor.in~ ~rts Center A~thOrieT in ~aid county ~$ a
publiC body ~orporat. and polttlC Cor the purpose of
pl~n"in9, promotin9, developinq, conslructinq. extending.
enl:lr9in9. repair~n~, remodeling, lI!lproving. relOClltin;,
equipping. miintain1.nq. and operning facilities end
sites Ear holdin9 any type of culturitl, tourism. or
prO"'otional lIvant. or c:.ivic. recreati.onal, or simi.lar
event o~ aceivity: providing definitions. providing for
th. method. and manner of the appoint~ent of the authority
~nd. terms of the .uthoritY'$ member~hip; providing for
reimbursement oE meaber$' expen3e~i provi4inq for removal
of members; providing 'or the organization. pavers.
funCti.on.s. fi.nancing, privil_gcs, dutiu, and
responsibilities of the authority: provldinq for
competitive biddin9 in cert~in instances; 8uthOri~in9 the
~cquisition of certain ~roperty acquired by e_inent
do~~in; providing for budQet ~pproval by the BrovarQ
county Commission and tne Commission of ehe City of Fort
Lauderd.le; provLdinq tor the issuance of revenue bonds
by the .~thOfity to carr~ out the purpo.e~ of this a~tj
providinq for sources of revenues for paying for the
construction 0' facilities and the aGministrati~e
expenses of the authorLt7,and Cor paying for said revenue
bonds; authori~Ln9 appropriitions by the county and otner
90vernmental units in Brovard County for operation ~nd
ma~ntenance of said Cacilities; provi.ding for public or
prlvate subscriptions; providing for the issuance ot a
license to sell alcoholic be~@rage$ for on-premise
consumption; providln9 styer~bility; prov1dinQ .n
effective dat.e.
a. It Enacted by the Legi31ature of the State of Florida;
Section 1. performing Arts Center Autnority.--There is hereby
created and established the perCormin9 ~rts Center Autho~ity.
h_reinafter referred to as the ~Guth~rLty.. . public body, politic
and corporate, in Irovard count.y, for tn. purpose of planning,
promOti.ng, dneloping. const.ructinq. ac:quirinq, o\lning,
rtc:on.~ructlng. Ixt.nding. el\larginq, repairing, remodelinq,
h'prO,,!,1~9, relocBlting. f!!quippinq, l1\aintaini.l1g, and. operitinq
facilltll' tor holdinQ &ny typs of cultural, to~f1.5rn, Of promotional
aVent. civic. recreational, or simil.r .vent or ac;;tivity. Such
pU~pos~ is hereby deemed to be a p~bli.c purpo~. the fulfillment of
VhlCh 15 an urgent public necessity.
Se~tion 2. MeRQership and or9anization,
(1) The .uthorlty shall eonsist of seven members, eaeh se~vinq a
term of 4 years, except tor the ini~ial appointees, of yhom three
_ball .erve ter_s of 2 years, ~od four shall aerYe terms of 4 years,
aa hereinafter prcvide~. Th. me~bers shalL insofar as practical, be
representat1.vl!il's of ci.vi.c;, culturaJ., recre~cional, busines.s, and
social interest, Three Members of the ~uthority shall be selc~ted by
the, Board 01 County Commissioners of arovard countr and ~hall not be
resldents Qf ~he City Q~ 'ort LaUderdale: three members shall be
..
Iff WLL ~ a,..j; ~ AN( j~,
',' "
.,
f~i6'01
',.'.
9L'PT~Jt 114...]96
tAWS OF FLORltll.
CKAP'1'ER 84...396
sele~ted by the commL~$ion of the City of Fort Laudcrd.~e: ~nd one
member SB411 be .elec~&d by the Dovntovn Develop~ent Authority.
~o the .uthority snall be ~&de &$
takes effect. The results of all
be immedia~,17 certified to the
(2l The initial a~pointments
soon as prae~ieable after this ~Ct
appointment~ ~nd remov81~ shall
authority.
lJ) ~ll ~embers of the authority ~t the elme o( their appointment
and d~rin9 the ter~ of their membership shall be ~enft.nent resident,
of Seawacd County. The meabers shall not teeelve any compensatton
tor t~eir services, except t~at they may be reimbyrsed for actual
neeesaary expenses that they incur in the pErformance of their duti.~
~nder this act. t8C~ .ember, unLess re~y.d as provided in this act
shall ~erve until his 5UcceSior is ~ppointed and qualified. A membe~
ap~ointed by aqovernmental unit may be r@moved by that 9ove~nmental
unlt for just cause by a majority vote DC the governmen~~l unit, A
vacancy shall De filled for the me~r's unexpired term as soon as
practicable after the vacancy Occur5 by the gavetnNental unit that
appointed. t,he ",amber. Beron! entering upon the duties of office,
each member shall lake an o.th to faithfully discharge the dueies of
his office, shall take any other oath required b~ la~, and shall (ill
a signed copy of such oat.h vit.1t t.hll Clark af the circui.t Court of
Brovard County. A ~.joritr ot the .embership of the authori~y shaLL
constitute a quorUM, A ~acan~l on the authority shall not impair tht
ri9hts ot a quorulD to exercise ",Ut-he riQhts iilOd perform all tq,
'duties of the iluthor-it1. '
'.
tt) The authority shalL or9anlze as soon as practl~ilbl. after thl
.UeetLY" dat.e of this ac;t. The authority shall by m~jorlty yoti
elect a ~hairman and su~h ot.her af(i~ers a~ the author\ty provide.
for in its bt1avs. The authority ~ay ~r.ate su~h other oflice! ii It
deems necessary to aGco~plish th. purpose at this act.
Section J, D.finitions.-~A5 used in this act:
(1) .CDunty. means the county of Bro~ard.
(2) -AuthOrit.y- &'leans the Performing "rts Cl!!nter 1\uthorh
creAte4 by this act.
(3) .gD~. aea~$ the Downtovn Development Authority or the Citr
tort Laude1"dale.
(4) ~Goy.rn~ental unit- means the Countr of Browerd. or
Il..u'\Lci.pali.ty 01" speclal diSitri~t., illlprovement or otherl.li~.. that.
within the boundaries af Bro~ard County, or an agen~1
instrumentality of sue" county, munieipallty, or special dis~tl,
The ~erm shall .pply only to the portlon$ of ~nf qovecnment.al
that are vithin the boundaries of 8roward County.
(5) .Pac,lities. means facilities or sites for holding a~Y
of c~ltUral, touris.. or pro~otional ev@nt, or eivic, rlcr~Jti~
or similar 8Ytnt or acdvicy, and inl;ludu propert)'. .1.l.Iclit.on
theaters, music halls, ~n4 ~uildinq$. st.ructures. utilieies. p'
parkinl) areas, raadv.ys, .nd a 11- other heilitilS and prop.'C
r.~Qnably necess.ry or desirable to carry out the purpoaes of
act.
(') -cost- or ~costs,~ 8S applie~ to facilities.
of aequL~ition and construc~lon of .uch facilities,
H
~PTEA ..~]'6 'LAWS or rLO~IDA CHAPTER 8~-396
of all land, p~o~.rty, property ri9hts. casemen~s. fran~his.s,
co::.. insurance. mat.ruls, furnhhil\qs, ilnd equipment r~\lirel1 to
11 t . Ol,lt. tn. purpo~as 0: t.his ac;t, and includes and. tlu:r'ves
'==t~lor prior to In4 durinq con$truction and for a reasonable p~riod
\ tillt! thereafter: CQsts ot phns and specifications: est.imates ot
D 11.$ and at revenueS; c;ost$ of .09111_.l:'in9. architectural, alld
co del c:oll~ulunl: servi.ces: cost of legal services. including those-
:~d.re~ for tbe issuance. vali4aeion, anl1 sale of re~enue bonds; ~ll
. enses necessary or incident to detenmining the feasibility or
~r:ctiCDbilit.y ot such acquisLclon and construc:tion~ ~dm~nL~~rati~e
:apenses; ~nd such other expenses ~5 may be n~Ce$5ary or lnCldent to
the .~ql..li.riition and c.onstrul;tion of the final1,cin9 hire in authorize:d..
Section 4. General pQw~ts.--~he al..ltho~ity may:
(1) ~opt bylaw3 for the r.qulation of its aff8irs and tha
eonduc't of its Do.sineslJ.
(2) Adopt and use an official seal.
()) Sue and be sued in the n~e ot the Performing Arts Center
",utharity.
,c;quire.
reloc.'tl!l,
I". Plan. 4evelop. pu.rchl!.se, hu.. or othervislr
demoliah. construct. reconstruct, impro~e, @~ten4, @nl~rge,
equip, repair, maintain. op.rale. and manage facilities.
(51 ~~k. a comprehenslvc land use plAn for the overall orderly
drvelopment of facllities, develop detail@d .rchitoctural an~
enqineering pl~ns tor specific, facilitle5, and obtain necessary
feasibility and other rl~o~ts ~^d studies.
(&) Acquire by lease, qrant. pur~h8se. g1ft. or d,v15e frOM anr
SQUTCe, ineludinq ~ 9ov.rn.e~~al unit. ant real or personal prQperty.
or any estate or interest therein. th.t is nece$~ary. deSIrable. O~
~on~.n1en~ tor the purpose ot this al;ti lea~e or rent all or any part
of such property; and exercise its powers an4 .uthorLty ~ith respeet
to that pro~r~y. A gowernment.l unit may sell 0: l..se prop.rty ~o
the authorlty for nominal cansi~eration. without limiting any po~er
or authority of toe county of Bro~ard or the municipalities in
Bro~arQ County. the county and municipalities Lo the county, vithln
tb@lr respectIVe territorial juri5di~tion5 and by thE methods
pro~id.d by c~apt.r 1l aT cha~ter 7&, Florida Staeutes, .ay _~quire
r.al property by e~inent domain and. as ~erein provided ~nd vith tpe
~qrelment of th@ authority, transfer that property to the authority
to be u$@d for t~e ~urpose. ot this a~t. The eX~lnditur. of ~on~ls
by counties or MUOlcipalities far such purpose ~$ herebr declared. to
be _ public purpose. Tttl~ to re~l proper~r EO acquir*d ~ar be held
~n fel simple, aosolute ~nd unqualified in any vay or any l..s~r
'Atervst therein; nothing In this act shall be construed to ~llov
4~qui.ition of real property by eainent do..in Car purpo~es or uses
other th~n as herein provided.
(7) Lease, rent. or conlr.~t (or the opera~lon or m~nagement of
~ny part of ~ny of the f,cilities of the au~harity.
(B) riK a~ collect rates, rental~, fees, charge., or tLcket
$ur~harges for the us. ot an, f~ciliti.s of the ~uthority.
3S
"'\'lr~.ti1(fi.,'l1lf'''~-''''''lJll"I'o''''''''
!-'o'~lk..,j:I)jII/,/l.l.lALX; 16 101
CttAPTER 84 l'9S
t.A"lS Of FLOR lOA.
CW.PT!.R M-')%
o( conce5sia~s an or in any of the
at its dis~.etLon oper~t. s~ch
(9) CQnt~act ror the op.ration
facilities of the aut~ority. or
con,essions as it d,ems desirable.
(LO) ,AdY.~tLSe &n~ pro~ote within or without the state any of tne
f~~iliti.. and activitieS af th~ auchor\ty.
(11) Employ an executive dir.~tor, other ^~ces'lry atat!
employees. and $uch cons~lting serVlces. engineer,. architects,
3~eci8l consultants, superintendents, manaqer~. construction ~n4
flnanci.l experts. attorneys. employees, and agent$ &$ t~. autho~\t1
d.e~ necessary ana fix their compens8~ian. Any treasurer of the
authority, prior to ~ntering upon his duties ~. such officer. and any
other officer or empLoyee so required by the authOrity shaLL provide
a surtty bond in an ~mount to oe determined by the authority
eon4itioned upon the faithful p.rtormanCI of the duties of his office
emptoym~nt. Su~h bond sball be exe~uted by a ~ur.ty eomp.ny
8~thori:ed to do b~sin.ss in florida and shall b@ approved by th.
autbariey.
t12l Cooperate ~it~ and contract vith tbe qovernment of the
United States or the State of Flodc!a or any aQency. [n,:nrumlltnUlitJ.
or political aubdivi~ion ot either, ar with any m~nicip.L~ty.
clistrict. carpor.tion. partnershiJ', as50chtion, person, Or
lnc!ivtdual in providing lor or relating to the authority in carryinq
out the provi.lon~ and p~rposes ot this act.
Stecio" 5. Bid procedure5.--All contracts far co~structinq.
dCll'lOlishin9' iraprovin9. e:at.ending. enlarqing. r.loc:ating, repairing,
or equip~Hn9 ot" facilities of the authority i" the a"ount of 51.500
or more ~hall be ~warde6 by the ~uthority to the bes~ quallfi~
bidder. as 4eter~ined by t~. authority, after consideracian of all
relevant fa~tor$ i~cluding the purposes and provisio~s of tbis act'
and the competi~iv~n.$~ of all bids received. The authOrity sn.lL.
~t least 10 4ays prior to the a~ard of such eontr~ct. publish en.
time in a n.vspap.r of generaL cireuL~tion in Brovard county a notict
requesting hids on such contract. The ~ut;hority may fOT any reason
rejaet ~ll bids and request ne~ bids in the lAme _anner IS bids were
first reques~ed, This section do AS not applr to the purchase. le.se.
or acquisition of & ait@.
Sea~ion 6. Fiscal power~.--
(1) The expencliture of all moneyS collected Of'" received ror ,tit
purpo.les Authorized by this act shall be SUQjec:t to an annual rev!e.
by the 8roward county CO~iS9ion and the governing body ot t~e ell'
of Fort Lauderdale. The au~nority 1~.11 prepare a budget for .,C.
fiscal rear pursuant ~o ~he prOV13 ions of ch~pter 129. FloridA
Statutes. and a forecast of 8stimatRd income an4 expendl~urRS for Ihf
next fiscal year. The budget shall be ~dopted, adopted as amend~,
or rejected Q7( t.he per-fonning ~rtS Center Autl\oritl subject. to t.f
general proY~sion~ of chapter 12'. rlorida Statutes. and shal~ M
subject to approval by tbe Brovard County COllllission and ,.
govef'"ning body of the City of Fo~t ~~ude(daL.,
(2) The arovard County CO~Lssion and the Fort Laudcrd~l..C~~
co..lssion shall retain, e~ploy. and campensate independent ct~t~fl
publ i<<: accountants to audi t the record$ or Qooks Df acco~nc 41. &
authority at least once yearLy and at such other time~ as elt"er 5
co~isliop deems necessary.
3'
!
, _ 9
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o
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CH
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&-
Slrcdon 1, 'Ion.ding provisi.cns.--
dl fot' tt\. purpose, gf p~ovi~in9 tunas to fin...nco equipping.
"t Rish1.l\l). and consuuCt11'lq facluues, the pertorlftin9 Art.S Cent.er
':~~orlt.'i ",af issue rtovcnUII boods.
(2) ~ny bonds a~thori~ed gy this act ~ay ce issued .n.d sold at
, ~lille at from time to dme, and !Ihall beat' such date or" date!.. be
. ~ ,l,Iel'l denom1.nat ion or c1enomimat ions. be payable at sut:.h place. beiU'
'~nt~re5t at a rate allowed by general law and mature at such stated
J (l::o_ or ti"'lIIs not. eJtceeding 40 tears from thf!ir date of i.ssuanc;'/
": .,th or ...ieho\lt the rilJl1t ot prior redemption by t.he authority, all
~.. /flay p. determined by t'e501ution or rf:501ut.ions of the aut.hority.
w/ _hieh r\!sOlution or rCioludons rtay prescribe th. manner and terl\S or
,\ re4tll'li'don of any bol'\d$ ..,hich thll! Authority make, redeemDl:1lt. The
\.~ tlOnds shall be issued in coupon torPl, nut l1Iat be uqisterable as to
ptilleipal only or as to bot.h pr\ndp~l. and inure~t, and shall ne
ti9tl1!c1 by t:he pr-opef' officials ol the ~U1:."'ot'it:i and irnprQS$ed \li1:h
the corporate .!leAL of t.he autbodtf. The interest coupon,!; at.tached
to the bonds sho!l Ll be auttl..ndcated by the hc:s i.mile $ igoatyre of
luch oft icids. The bond$ st1all be sold at public sale a' not less
th~n par and accrued in~t.est.
(ll ihe revenues pl.dqed i9ainst such bonds by the author.tt ~ay
ll'ldude the tick.t SlJrchSlrge. other projected revenues of the
tUll'iod.ty, the 10c:l1 o1':.10n tourist d.ev.lopment taJ( jJ.!I authori:z.ed in
s. 125.0104. FLorida StatuteS, or any other sourc:" of rev.nue vhic:h
\ne 9o~rd of Co~issloners of Brovard County or ~he Cc~is$ion of the
City of Fort Lau~erdale deems appfopri~te. Revenue Donas sold under
~h, provisions of this IC~ 3h~11 ccnfotm with th. 9~neral proyisions
for revenue bonGS AS dtCi..ned under chapter 159. Florida Stllt,ute'.
(4) The aoatd of County Coamisslonots o[ Dro~ard CQunty or the
commission of the City of fort Laudetd.l. shall not have thQ pover to
pled911t the full faith and crltdn and ild vlloret\ taxlng poyer at
Brovard County or the City of 'o~t Lauderdale for the pa~.nt of the
princip~l or interest on su~h bonds.
(5) Without Lim1tlng any other provisions of t~is a~t, the
ttvenues IIva.llabh to th.e a.uthority a:5 set. fDrt.b in this ~1Il:t. i.f not
pr~viously pledged to revenue bonds issued or to be used pursuant. to
th15 act at othervi~e committed, mar be used to otherwise finan~e or
pay forth. eon5truction of !acilit1es or the adminiltrati~e expenses
of the authority or otherwise in carrying OU~ the purposes an6
provis~ons of this ac~.
Section 8. Othe~ revenues.--The Coun~y of Brova~d, t.he City of
fOrt Lauderd.le. and JOY otner govern~efttal unit may appropri~te
addltlon~l f~nds for use by ~he authority for ~aintenanc. of
Cacilities. payment Qr employees' silhries, operatin9 ellpen$eS,
plann~nCJ u.pen$es. or odu:r necessa.ry 8J(pl!J\ditures. Su.ch
expe:ndit\,lt'u art declared. t.Q be for a valid. necessarr public
putpasl.
Section'. Public or private subs,tiption.4~The ~uthorit1 ~ay
3olici.~. . encoul'4ge, prolllOu. and. ilccept iilny pu.blic or pri~ate
~ubscrlPt~ons and donations of moneys and other property an4 assets
or ~.c in furlharing the purposes of thic ~ct.
Seetion 10. special LLctnsBs.--In addition'to any licenses that
mily be iSSUBd under the provisions of the Severa9t L~v of the State
31
,';
t,.l':'.~r]ShlitJllI'I~.AiIl"""!I..-s.~:1IrI~'" . 'I~"".
.:..~..,m"":."'''RLX; 16 '01 01:..20PM DEPT STRT _._
,,;..",.,r'-,.
CHAi'TE.R 84~19ti
LA~S or FL.ORIDA
CHAPTER 64 3'6
of PLorida, the Divis~on of AlcohOlic Beverage. a~ Tobacco of the
Department of BusLn..~ Re9Ul~tion is here~y .uthorized to issue to
qvaliCied applicants ~onJt5tinq of the Performing Arts Center
Authority or its d@signee a special license or special licen$.~ for
use within thG confines of the Perform~nq Arts Center co.plex. Any
such lLcense Issued- pursuant to thi.$ at::t shall permit the lie.nsee to
sell alcoholi~ beveragea on17 for CO~5UMption on the pre~ises of the
facilitillS.
Section 11. If ii'll' provision of thi.s act or the <lfPlic4eion
the~eof to an! p.rson or Circumstance is held invalid, the lnvalidity
sh~ll not affecc ocher provisions or ~pplieations of the act vhic~
can b@ given effect without the inv~Lid provision Ot application. and
to -~his end the pravi$ions at this ,~t ar. decl~red severaDLe,
Section 12. This act shaLl t~ke ef[ect JuLy l. 1984 or upon
becomi~q a law, whichever occurs la~er.
BeCilA. a law vi~hout the Cavernor's approval.
riled in O[ticc Secretary of St.ce J~ne 15. 1984.
CIU.PTER U-J97
Se"~u lill No.' 1081
An act relating to the Port &~ergl.des Authority, Broward
county: amend-ing ss. 3, ", Art iete 2. Pact VI. ch.ilptel'"
59-1151. Lavs ot Plori~a. as amended: providing for the
leil$ing at port operational land$ for a term not
exce~ing five year~ hy adoption ot ill re~olution by the
port conmission; providing that the lea$inq of port
op.rational lands for a ter. in lxeess of fi~. ye~r~
shall only be after the adoption of a resolUtion of the
port cQ~l$sion and its approv.l a~ a refe~endum:
providinq that nO leise of port operational lands shall
be for a term in excess of fifey years; providin~ a mean5
of exeeution for the lease of port operation.l landa
approved at s~~h referendum; providin; an effective d.te.
Be It Enacted by the Leqislature of the 5tat& of F10rid~:
seedon 1. Sec~ions 3 and . of Arti~h :2 of Part VI of chapter
59-!IS7, Law$ of tlorida, .s ~ended hy chaptar &1-1956, Lavs 01
Florida, are ~ended to read:
Section 3. Laa:ns of lands. or any inurest therein forming a part
of Port operational L4nda.-4
fa) ~ea..s. of lands for~in9 a part of Port operational Lands (O~
a term not e,,;ceeding five yn,r.. may be !Jl'anud upon the adoPti~n 41
a resolution ot the port comanission 1 i.ndin9 such 1...e to be ~n tb.
be$t interest of tn. Port Authori~y. and aut~ori~ing the .~ecu~~on at
such lease.
(b) In ori!er" tor any land.s forlllin; a pitre of Port Optr1t ~~r.Al
Lands to b. lea..d for a term in excess ot five years, the ,'G~
Co~is&ion shall first adopt a resolution at . re~ular" lI'I.et~nq o. L.. .r
Port COlMliis,sion panicuhrly describi~q t.hereln all term. ..
18
.."-.
...~. -)f
.~ier
TANI'A BAY PERFORMING ARTS CINTER
TO:
FROM:
DATE:
SUBJECT:
File
Roxanna Gusweiler
January 26, 1998
Amendments to the Articles ofIncorporation
. Establishment of fixed committees:
Executive (chaired by the Chairman of the Board)
Finance (chaired by the Treasurer)
Development
Facility
Trustees (chaired by the Secretary)
Education
Governmental Relations
Community Relations
. Formalize membership of the Executive Committee:
Chairman of the Board of Trustees
Vice Chairman of the Board of Trustees
Treasurer of the Board of Trustees
Secretary of the Board of Trustees
Immediate past Chair of the Board of Trustees
Chair of each of the Eight Established Committees
The Mayor of the City of Tampa (or designee)
The Chair of Tampa City Council (or designee)
The Chair of Hillsborough County Commission (or designee)
. Establishment of a President's Council (membership to be selected by the Trustee
Committee.
. Change the ex-officio positions of chairs of Producers, Headliners, Tampa Bay
Youth Orchestras, TBPAC Volunteers, Bravo and Frontrunners to designated
positions.
. Eliminate the ex~officio position of chairs of Encore, FounderslBenefactors,
Founding Patrons, Seat Donors, Chairman's Council, Center VIP, Fellows,
Regional Corporate Division and Directors Division.
. All former chairs of the Board of Trustees, prior to 1999, are designated Board
members.
Tampa Bay Performing Arts Center, Inc.
1010 North W.e. MacInnes Place, P.O. Box 518, Tampa, Florida 33601-0518
813-222.1000 Fax 813-222-1057
A NOT FOR PROFIT ARTS ORC;ANI7ATION
,
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'C'-.-::~ .-J, ....\\
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<.,'/~. '-~
'8;'\
-:,,'"
!
SIXTH AMENDMENT TO ARTICLES OF INCORPORATION
OF
TAMPA BAY PERFORMING ARTS CENTER. INC.
WHEREAS. the Articles of Incorporation of TAMPA BAY PERFORMING ARTS CENl:ER, INC. were
flied with and approved by the Secretary of State of Florida. on the 19th day of September, 1980; and
WHEREAS, an Amendment to the Articles of Incorporation of TAMPA BAY PERFORMING ARTS
CENTER. INC. was flied with and approved by the Secretary of State of Florida. on the 1 st day of November,
1984; and
WHEREAS. a Second Amendment to the Articles of Incorporation of TAMPA BAY PERFORMING
ARTS CENTER. INC. was filed with and approved by the Secretary of State of Florida, on the 28th day of
January, 1988; and
WHEREAS, a Third Amendment to the Articles of Incorporation of TAMPA BAY PERFORMING ARTS
CENTER, INC. was flied with and approved by the Secretary of State of Florida, on the 8th day of November,
" 1989; and
WHEREAS, a Fourth Amendment to the Articles of Incorporation of TAMPA BAY PERFORMING
ARTS CENTER. INC. was flied with and approved by the Secretary of Slate of Florida. on the 29th day of
July, 1991; end
WHEREAS. a Fifth Amendment to the Articles of Incorporation of TAMPA BAY PERFORMING ARTS
CENTER, INC. was flied with and approved by the Secretary of State of Florida. on the 2nd day of October,
1991; and
WHEREAS. this proposed Sixth Amendment to the Articles of Incorporation of TAMPA BAY
PERFORMING ARTS CENTER, INC. hereinafter set forth was adopted by all of the Trustees and members
of the TAMPA BAY PERFORMING ARTS CENTER, INC. on the 26th day of October, 1992; and
WHEREAS It Is the Intention of the Trustees and the members of TAMPA BAY PERFORMING ARTS
CENTER, INC. that the Articles of Incorporation of TAMPA BAY PERFORMING ARTS CENTER. INC. be
amended In accordance with the proposed amendment hereinafter set forth; and
WHEREAS, the approval of the Secretary of State of Aorida of the proposed amendment hereinafter
set forth Is hereby requested.
NOW, THEREFORE, the Articles of Incorporation, as amended, of TAMP A BAY PERFORMING ARTS
CENTER, INC. are hereby further amended as follows:
1. Artlcle VII entitled 'Officers and Trustees' Is hereby changed:
(Q by the deletion of Trustee positions (10) through (24).
QQ by the addition of new Subsection (10) as follows:
(10) Each and every former Chairman of the Board of Trustees of this
Corporation.
2. Article VII entitled 'Olllcers and Trustees' Is hereby further changed by the addlllon of the
following:
'(I) The following are hereby deslg~ted as 'Ex-Olllclo Trustees' to serve on the Board
of Trustees and lis committees:
" (1)
" (2)
.l8l
" (4)
II (5)
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The Chairman of the Producers Organization;
The Senior Officer of tha Center 300 organization;
The Senior Officer of the Encore Society;
The Senior Officer of the Tampa Bay Youth Orchestras;
The Senior Olllcer of the TBPAC Volunteers;
The Senior Officer of the FOUnders/Benefactors;
The Senior Olllcer of the Founding Patrons;
The Senior Officer of the Seat Donors;
The Senior Oftlcer of the Opera Society;
The Senior Officer of the Chairman's Council
The Senior Olllcer of the Center V.I.P.;
The Senior Oftlcer of the Fellows;
The Senior Oftlcer of the Regional Corporation Division; and
2.
(f4) The Senior Officer of the Directors DMslon.
The Board of Trustees may designate other and lor additional Ex-Off1clo Trustees, provided. however
the number of Ex-Qlftclo Trustees shall be limited to a maximum of forty (40).
IN WITNESS WHEREOF, this Sixth Amendment to Articles 01 Incorporation Is hereby exectJted on
behalf of TAMPA BAY PERFORMING ARTS CENTER, INC. by Its Chairman/President and Secretary this 26th
day of October, 1992.
TAMPA BAY PERFORMING ARTS
CENTER, INC.
By: ~~ ~
Wynen{btowell, Secretary
-..,~
3.
....-
STATE OF FLORIDA
COUNTY OF HIll.SBOROUGH
The foregoing Instrument was acknowledged balore me this 26th day of October, 1992, by Timothy
L Guzzle and WynetteHowell, the President and Secretary, respectively, of Tampa Bay Performing Arts
Center, Inc., a Florida corporation, on behalf of the corporation. Such persons:
(
(
did take an oath.
did not lake an oath.
and
( x )
( )
( )
are personally known to me.
produced a current florida driver's license as Identlllcation.
produced as lden1lf1callon.
SEAL:
Roxanna P. Gusweiler
Nam. .tamped. typed or legibly printed
~A~~~~~
o ry Public, Slate of Florida
NOTARY rURLlC, STATE OF FLORIDA.
MY COMr.tIS!iION F.XrIRES: No.. 1, 1"".
BOrmED TURD NOTARY PUIIUC UND.u.wur.as.
Commission expiration
Commission Number
JBH/docs/1592
~
4.
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~ I certify that the attached isactrueandcorrectcopy of Amended and ~
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~ Restated Articles of Incorporation, filed October 2, 1991. for ~
~~p~ TAMPA BAY PERFORMING ARTS CENTER, INC; a;Florida corporation. ~~'~~
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~~~~~~~~~~~~~~~~~~~~~~~
FIFTH AMENDMENT AND COMPLETE RESTATEMENT
OF THE
ARTICLES OF INCORPORATION
OF
TAMPA BAY PERFORMING ARTS CENTER, INC.
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TAMPA BAY PERFORMING ARTS CENTER, INC., a not-for-profit corporation
organized and existing under the laws of the State of Florida, under its corporate seal and
the hands of its President and Assistant Secretary, hereby certify that at a meeting duly
and regularly held on April 29, 1991, the Board of Trustees of said corporation approved
an amendment and restatement to the Articles of Incorporation of said corporation, said
amendment and restatement being in words and terms as hereinbelow set forth, and
proposed such amendrnent and restatement to the members of the corporation; and
further that on that same day, at a meeting duly and regularly held, a majority of the
members of the corporation took action pursuant to the said recommendation of the
Board of Trustees and voted to amend and restate the Articles of Incorporation of said
corporation by deleting in their entirety the present Articles of Incorporation and by
substituting therefor the following, to-wit:
"FIFTH AMENDMENT AND COMPLETE RESTATEMENT
OF THE
ARTICLES OF INCORPORATION
OF
TAMPA BAY PERFORMING ARTS CENTER, INC.
We, the undersigned incorporators, hereby associate ourselves together and make,
subscribe, acknowledge and file with the Secretary of State of the State of Florida these
Articles of Incorporation for the purpose of forming a corporation not for profit in
accordance with the laws of the State of Florida.
ARTICLE I
Name and Address
The name of this corporation shall be:
TAMPA BAY PERFORMING ARTS CENTER, INC.
The address of this corporation shall be 1010 North Macinnes Place, Tampa,
Florida 33602, or such other address within the State of Florida as the Board of Trustees
may from time to time designate.
9.13 8:42
ARTICLE \I
Purposes and Limitations
(a) (1) The nature, objects and purposes, for which this corporation is exclusively
. organized and operated, are:
(A) To promote interest in the study of the performing arts;
(B) To advance the knowledge and appreciation of the general
public of the City of Tampa, the County of Hillsborough and
the Tampa Bay area of the performing arts, specifically drama,
music and dance;
(C) To provide and support facilities for the education of the
general public in the performing arts and for the performance
of arts, drama, dance and music events;
(0) To lessen the burdens of government by combatting
community deterioration by fostering the development in the
City of Tampa, the County of Hillsborough and the Tampa Bay
area of an appreciation of the performing arts by sponsoring
cultural presentations, such as plays, musicals and concerts
for the general public;
(E) To educate the general public of the Tampa Bay area by
providing and advancing knowledge and appreciation of the
cultural aspects of life such as drama, music and dance;
.(F) To arouse and give direction to the cultural life of the Tampa
Bay area through the promotion of the performing arts;
(G) To encourage and promote the performing arts; provided,
however, this organization shall not directly or indirectly benefit
private individuals but shall be dedicated to the enhancement
of the performing arts in the City of Tampa, County of
Hillsborough and the Tampa Bay area;
(H) To specifically engage in the design, construction and
establishment of a performing arts center to be utilized
exclusively for the presentation of cultural artistic performances
and events, education of the public on the performing arts, and
other endeavors that enhance the culture and quality of life of
the general public of the City of Tampa, County of Hillsborough
and the Tampa Bay area.
-2-
9.138:42
(2) This corporation shall receive and maintain funds and real and/or
personal property, and subject to the restrictions and limitations hereinabove and
hereinafter set forth, shall use the whole or any part of the income therefrom and
the principal thereof exclusively for its charitable and educational purposes.
(b) No part of the net earnings of the corporation shall inure to the benefit of or be
distributable to any member, trustee or officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or for the
corporation affecting one or more of its purposes), and no member, trustee or officer of
the corporation, or any private individual shall be entitled to share in the distribution of any
of the corporate assets on dissolution of the corporation. No substantial part of the
activities of the corporation shall be the carrying on of propaganda or otherwise
attempting to influence legislation, and the corporation shall not participate in, or intervene
in (including the publication or distribution of statements) any political campaign on behalf
of any candidate for public office.
(c) Notwithstanding any other provisions of these Articles of Incorporation, the
corporation shall not conduct or carry on any activities not permitted to be conducted or
carried on by an organization exempt under Section 501 (c)(3) of the federal Internal
Revenue Code of 1954, as amended, or the regulations issued thereunder, or by an
organization, contributions to which are deductible under Section 170(c)(2) of such federal
Internal Revenue Code and regulations issLJed thereunder, or corresponding section of
subsequent law.
(d) In the event of dissolution or final liquidation of the corporation, the residual
assets of the organization will be distributed to one or more organizations which
themselves are exempt as organizations described in Sections 501 (c)(3) and 170(c)(2) of
the federal Internal Revenue Code of 1954, as amended, or corresponding sections of any \
prior or future Internal Revenue Code, or to the Federal, State of Florida, or local
government for exc;:lusive public purpose.
ARTICLE III
Powers and Umitations
This corporation shall have and exercise all powers provided by the laws of the
State of Florida pertaining to corporations not for profit including, but not limited to,
Chapter 617 Florida Statutes, and future amendments thereto, or succeeding statutes
pertaining to corporations not for profit in the State of Florida, that are necessary or
convenient to effect any and all of the charitable and educational purposes for which the
corporation is organized, subject, however, to the following:
(a) This corporation shall be operated exclusively for, and shall only have the
power to perform, activities exclusively within the meaning, requirements and effect of
-3-
9.138:42
Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended heretofore or
hereafter, or corresponding sections of subsequent law.
(b) This corporation shall not engage in any act of self-dealing as defined in Section
4941 (d) of the Internal Revenue Code of 1954, as amended heretofore or hereafter, or
corresponding provisions of subsequent law.
(c) This corporation shall distribute its income for each taxable year at such time
and in such manner as not to become subject to the tax on undistributed income imposed
by Section 4942 of the Internal Revenue Code of 1954, as amended heretofore or
hereafter, or corresponding provisions of subsequent law.
(d) This corporation shall not retain any excess business holdings as defined in
Section 4943 (c) of the Internal Revenue Code of 1954, as amended heretofore or
hereafter, or corresponding provisions of subsequent law.
(e) This corporation shall not make any investments in such manner as to subject
it to tax under Section 4944 of the Internal Revenue Code of 1954, as amended heretofore
or hereafter, or corresponding provisions of subsequent law.
(I) This corporation shall not make any taxable expenditures as defined in Section
4945(d) of the Internal Revenue Code of 1954, as amended heretofore or hereafter, or
corresponding provisions of subsequent law.
(g) This corporation shall not engage in any prohibited transaction as defined in
Section 503(b) ofthe Internal Revenue Code of 1954, as amended heretofore or hereafter,
or corresponding provisions of subsequent law.
ARTICLE IV
Members
The members of this corporation shall consist of those persons who comprise the
first Board of Trustees of this corporation, and such other persons over nineteen (19)
years of age and entities as may from time to time be elected and admitted to
membership by majority vote of the Board of Trustees of the corporation in accordance
with the provisions of the bylaws of this corporation.
ARTICLE V
Term of Existence
The term for which this corporation is to exist shall be perpetual.
-4-
9.138:42
ARTICLE VI
Subscribers
The names and addresses of the original subscribers to these Articles of
Incorporation are as follows:
Name
Address
Honorable Fran Davin
4701 John Moore Road
Brandon, Florida 33511
H. L. Culbreath
52 Bahama Circle
Tampa, Florida 33606
George H. Pennington, Jr.
2912 Hawthorne Road
Tampa, Florida 33611
ARTICLE VII
Officers and Trustees
(a) The affairs of this corporation shall be managed by a Board of Trustees
comprised of not less than nineteen (19) adult persons nor more than sixty (60) adult
persons, the precise number to be established pursuant to the bylaws of the corporation
provided certain persons shall be and hereby are mandated to serve as trustees as ,
follows:
(1) The Mayor of the City of Tampa or his/her designee;
(2) The Chairperson of the City Council of the City of Tampa or his/her
designee;
(3) The Chairperson of the Arts Council of Tampa/Hillsborough County
or his/her designee;
(4) The Chairperson of the Hillsborough County Commission or his/her
designee;
(5) The Chairperson of the Hillsborough County Legislative Delegation
or his/her designee;
(6) The Chairperson of the School Board of Hillsborough County or
his/her designee;
-5-
9.13 8:42
(7) The President of the University of South Florida or his/her designee;
(8) The President of the University of Tampa or his/her designee;
(9) The Superintendent of Schools, Hillsborough Coun , Florida or
his her designee;
(10) The Chairman of The Producers organization;
(11) The senior officer of the Center 300 organization;
(12) Each and every former Chairman of the Board of Trustees of this
corporation;
(13) The senior officer of the Encore Society;
(14) The senior officer of the Tampa Bay Youth Orchestras;
(15) The senior officer of the TBPAC Volunteers;
(16) The senior officer of the Founders/Benefactors;
(17) The senior officer of the Founding Patrons;
(18) The senior officer of the Seat Donors;
(19) The senior officer of the Opera Society;
(20) . The senior officer of the Chairman' Council;
(21) The senior officer of the Center V.I.P.;
(22) The senior officer or the Fellows;
(23) The senior officer of the Regional Corporation Division; and
(24) The senior officer of the Directors Division.
(b) The Trustees of this corporation shall be elected by vote of a majority of the
Board of Trustees as provided in the bylaws of this corporation. The manner of filling
vacancies shall be provided in the bylaws of the corporation.
(c) The officers shall be elected annually by a majority vote of the Board of Trustees
and shall be a chairman, a president, a vice chairman, a secretary, a treasurer and such
other officers as may be provided for in the bylaws of the corporation. Multiple offices
may be held by the same person. The duties of the respective officers and the manner
-6-
9.13 8:42
of filling vacancies in the officer positions of the corporation shall be provided in the
bylaws of the corporation.
(d) A quorum for the transaction of business shall be a one-third (1/3) of the
trustees qualified and in office, and the act of a majority of the trustees present at a
meeting as which a quorum is present shall be the act of the trustees Meetings of the
trustees may be held within or without the State of Florida.
(e) Trustees and/or officers of this corporation may be removed at any time, with
or without cause, by vote of the Board of Trustees at a meeting duly called in the manner
set out in the bylaws.
ARTICLE VIII
First Board of Trustees
The names and addresses of the rnembers of the first Board of Trustees, who,
subject to these Articles, the bylaws of this corporation and the laws of the State of
Florida, shall hold office for the first year of the existence of this corporation or until their
successors have been duly elected and qualified are:
Name
1. Dr. John Lott Brown
2. Mr. Calvin W. Carter
3. Dr. Richard D. Cheshire
4. Mr. H. L. Culbreath
5. Hon. Fran Davin
6. Mrs. Louise Ferguson
Address
1405 Julie Lagoon
Tampa, Florida 33549
1201 Bayshore Blvd.
Tampa, Florida 33606
3108 Prospect Road
Tampa, Florida 33609
52 Bahama Circle
Tampa, Florida 33606
4701 John Moore Road
Brandon, Florida 33611
5400 Interbay Blvd.
Tampa, Florida 33611
7. Hon. Sandy Freedman
546 Riviera Drive
Tampa, Florida 33606
8. Mr. John Kercher
5142 San Jose
-7-
9.138:42
Tampa, Florida 33609
9. Mr. Arnold Kotler
64 Bahama Circle
Tampa, Florida 33606
2912 Hawthorne Road
Tampa, Florida 33611
10. Mr. George H. Pennington, Jr.
11. Mr. Richard "Red" Pittman
12. Mr. William F. Poe
13. Mr. T. Terrell Sessums
14. Mr. Hinks Shimberg
15. Mr. J. H. Williams, Jr.
16. Father Norman Balthazar
3120 Morrison Avenue
Tampa, Florida 33609
70 Ladoga
Tampa, Florida 33606
1113 Dunbar Avenue
Tampa, Florida 33609
1013 S. Skokie
Tampa, Florida 33609
3207 Morrison Avenue
Tampa, Florida 33609
821 South Dale Mabry
Tampa, Florida 33609
ARTICLE IX
Officers
The names and addresses of the officers of this corporation who, subject to these
Articles and the bylaws of this corporation and the laws of the State of Florida, shall hold
office for the first year of the existence of this corporation or until their successors have
been elected and qualified are:
Name
Office
Address
H. L. Culbreath
Chairrnan
52 Bahama Circle
Tampa, Florida 33606
George H. Pennington, Jr.
Vice Chairman
2912 Hawthorne Road
Tampa, Florida 33611
5142 San Jose
Tampa, Florida 33609
John Kercher
Secretary and
Treasurer
-8-
9.13 8:42
ARTICLE X
ReQistered Office and Reaistered Aaent
The name of the corporation's registered agent at the following address is J. Bob
Humphries, Fowler, White, Gillen, Boggs, Villareal and Banker, P.A. and the street address
of the corporation's registered office is 501 East Kennedy Boulevard, Tampa, Florida
33602. The corporation shall keep the Department of State of Florida informed of the
current city, town, or village and street address of said registered office together with the
name of the registered agent.
ARTICLE XI
Bvlaws
The bylaws of this corporation may be made, altered or rescinded from time to time
in whole or in part by a majority vote of the trustees of this corporation present at any
meeting of the Board of Trustees at which a quorum is present and notice of .the
proposed action with respect to the bylaws has been waived by a majority of the
members of the Board of Trustees or mailed to all of the Board of Trustees at least three
(3) days before the meeting.
ARTICLE XII
Amendment of Articles of Incorooration
These Articles may be amended by resolution adopted by the majority vote of the
Trustees of the corporation present at any meeting duly called and convened; provided,
however, that notice of the proposed action with respect to the Articles of Incorporation
shall have been waived by a majority of the Trustees of the corporation or ten (10) days
advance notice of the arnendment or amendments, to be considered at such meeting,
shall have been given in writing personally or by mail to each Trustee of the corporation
prior to such meeting. All actions, including but not limited to, Amendment of Articles of
Incorporation, required to be taken at any meeting may be taken by written consents as
provided in Florida Statutes, as now amended, or as same may be amended in the
future. "
-9-
9.138:42
IN WITNESS WHEREOF, we have hereunto set our hands and the seal of the
corporation as the duly authorized act of said corporation this day of September,
1991.
TAMPA BAY PERFORMING ARTS CENTER. INC.
/J "/ ~
By: ;V~ ! ...,...--. '
Warren K. Sumners, f'fesident
(CORPORATE SEAL)
ATTEST:
Roxanna Gusweiller, Assistant Secretary
, .
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
September, 1991, by Warren K. Sumners, President, ofTAMPA BAY PERFORMING ARTS
CENTER, INC., a Florida not-for-profit corporation, on behalf of the corporation.
i 1',
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Notary Public
My Commission Expires:
-" ,.!
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STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
September, 1991, by Roxanna Gusweiller, Assistant Secretary of TAMPA BAY
PERFORMING ARTS CENTER, INC., a Florida not-for-profit corporation, on behalf of the
corporation.
I '\., \
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Notary Publici
.'
My Commission Expires:
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,
-10-
9.138:42
NOV-02-01 FRI 19:32
FAX NO. 954 474 1739
P.Ol
facsimile
TRANSMITTAL
ORIGINAL: MAILED
HELD X
To:
From:
Fax#:
FUe#:
Date:
Pages:
ERIC SOROKA
JAY R. DESKIN
305-466-8919
Waterways Park
November 2, 2001
5, including cover sheet.
SPECIAL INSTRUCTIONS:
As we discussed, I would like to distnss the renaminll of Waterways Park to
the Aristldes de Sousa Mendes Park. See the attatbed article. Please put this item
on the November workship agenda.
This facslmUe tontaiDs PRIVILEGED AND CONFIDENTIAL INFORMATION intended only
for the use of tbe addressee(8) named above. If you are not Ibe intended recipient of this
faClliwile, or the employee of agent responsible for delivering it to the intended recipient, YOII
are hereby notified tbat any dissemination or topyinz; of this facsimile is strictly prohibited.
If you have reeeived this faCliinlile iD error, please immediately notify ns by telephone and
return the original facsimile to DS at 8220 State Road 84, SlIite 302, Davie, FL 33324. Tbank
you.
PlUm the c.k~" u(.
JA Y K. llbSKJN, ESQ.
BESiGN, LEWIS & KRACOFF. P.A.
8220 St1lte Road 84, Suile 302
Davie, fL 33324
PHONE (954)452.9010
FAX (954)474-1739
1:\lIaa\fonns\J'uco\or
NOV-02-0l FRI 19:32
FAX NO, 954 474 1739
P,OI
facsimile
TRANSMITTAL
ORIGINAL: MAILED
HELD X
To:
From:
Fax#:
FUel':
Date:
Pages:
ERIC SOROKA
JA V R. DESKIN
305-466-8919
Wlltenvays Park
November 2, 2001
5, includhag cover sheet,
As we discussed, I would like to discuss the renaminll of Watenvays Park to
the Aristldes de SOUSII Mendes Pan;. See the attached article. Please put tbis item
on the November worluhip agenda.
SPECIAL INSTRUCTIONS:
This facslmUe contalm PRIVILEGED AND CONFIDENTIAL INFORMA nON inknded only
for the use of tbe addressee(s) named above. If you are not the intended recipient of tbls
fatlliwile, or the employee of agent responsible for delivering it to the intended recipient, you
are hereby notified that any dissemination or copyin: of this facsimile is strictly probibitlld.
If you bave received this facsimile iu error, please immediately notify us by telephone and
return tbe original faesimBe to us at 8220 State Road 84, Suite 302. Davie, FL 33324. Thank
you.
Pruln !.he dc;};" uf. .
JA Y K. 8bSKiN. ESQ.
BESKIN, LEWIS & KRACOFF. P.A.
82205111te Road 84, Suite 302
Davie. FL 33324
PHONE (954)452-9010
FAX (954)474-1739
I :'IIIO\forms\ilxcowr
NOV-02-0J FRI 19:33
FAX NO. 954 474 1739
P.02
..
Signed, Sealed, and Delivered
7~ iDMt<<9"e4e ~"'4e ~ 44Vd tk ~. tJ/ d<<~44,,<14
John Paul Abranches, 69, speaks with passion about his late father, Dr, Aristides de Sousa
Mendes do Amaral e Abranches. For the past 60 years, John Paul and the rest of the
Sousa Mendes fami~ have worked to restore the fami~'s good name in its native
Portugal, And what had his father done to bring the family to shame? He saved the
lives of approximately 30,000 people-IO,OOO of them Jews-during World War II.
Dr. SoUS2 Mendes was the PortUg\leSl:
coosul-~ in BordeaUX, FtMcc,
when war bro"" ou' in Europe. "My
devout Catholic &ther was aware of dle
dc:opair and suffiring causer! by Hiders
trOOps," Juhn Paul ""plains. "When
Paris .... occupied. at least 100,000
n:fug= from conquered Europe con-
vttgt:d on 1I0rdea.ux .nd Bayonne in
southern l'rance, hoping '0 ,,In.ill Vu..:.
to enrer Ponugal befure the Nazis over-
tM Fllll1CO entiroly. Sine. Pon..g1d was a
neuual country, they ...umod that the
official government policy was to admi,
all refugees:
Bu, the Porruguese dictatOt. Prime
Minister Antonio de OIiveila Sala:w,
beliMd that Germany would win the
war. He <Wed not 0& shel'er to those
fleeing Nazi oppression. During rhe nighr of June 13th. 1940.
Dr. Sousa Mendes &c.ed a dilemma. "Premier Salazar had
i......d a h.llsh government order demanding that viw be
grant<:d only II) rbo6e who eouId prov<: ownmhip of navel
ticl<cu our of Lisbon," John Paul says, "Beyond dur f\!$<1i1;-
tion, my f.llner was pron:l\Uldly:dwck<:d by rhe statanenr thar
followed: 'No viJa$ to Jews unda any ciram1.<lallces.'''
Without the required Portuguese transir-visa. Hider', vic.
lims would be trapped in Fnnee. JeM would olmost CCr-
tainly be "-'l1t to concen,ntinn comps.
"It's my belief tharlh.. directive regarding
Jews couser! the spidrual m,;.. that my
10 MARCH/APRIL 2000
liither experienced $hortly afterward,"
says John 1'....L
"My father considered the denial of
s;lfery ro despente people 1'0 be MfuI
and inhumane. A< a scholar. he oonsid.
cud the Outright t:ugeting of Jews to be
illegol bec=e il violated Ponuguese
consrin.ltional g\larantees of non-dis.
aiminarion on the basis of religion. If
these crmsrinuional wiues were upheld
in peacerime. he reasoned. they should
r.m:un wlid during war."
lli Sousa Mendes tried 10 convince
S:.Iazar of the special emergen<.y they
f..ccd, but to no .v:ill. After the Nozi
army inYaded Ftance and the IlendIlX
countries. the avalanme of refugees
heading south to Bordeaux wa$ over.
whelming.
Rabbi Chaim Kruger, a Poli.lh Jewish refugee lIecingfrom
Belgiwn with his family, ~ to consul Sousa Mendes abouI
the plight of his people throughout die renmries. This ralk
lasted well into the nigh, they 6... mct.
"lis he allgui.hcJ uvcr the dc.:isiun he had to make. du:
mota! conRia affiocred my ather's heald,." ..ys John ~
"T Ie ber~m. ""'y ..."k. He"",,,, 10 bed a.t"'IS,od, bu, "fl<'
throe day" . kind of miracle happened. SIIdd<'nly looking
.n<J:gelic-<VCn vibrmt-hc ldi: hj, bed. He roW my moth-
... and two older brothers thar he had heard
llij [leanor HOIh ~:c;:~told him ro r)vc v~ to all of
NOV-02-01 FRI 19:33
FAX NO, 954 474 1739
p, 03
"Bur," contjnll~ Jnhn PollJ, "humility W:lS OJle
of my fathc;r1s vinucs, and he nevrcr claimed that
the voice w.o., Divine. When he ld'r his room, he
addressed the cmsh of refugees at the consulate
doors. 'From now on,' he told them, 'r will give
visas to evetyont, irrespective of n:ationali~ race.
01 religion. ,ot
Thousands of fleeing people had arrived in
Boal"awc without any official documentS. "My
tuner said. 'r would catha be with God against
man than with man againsr God'" and worlccd
~ during a crirical dueo-day period-JUII<'
16,17, and 18. Rabbi Ktuger helped byl.l"thering
paoopons, bringing them inro the consulate to be
signed, and muming them to their rightful own-
ers who waited ouuide. Working from 9 a.m. until
}. a.m., Sousa Mendes otten gave vi.<:l~ to people
withour passpons or any other kind of identity
paper. sometimes writing a simple statement on a
slip of paper mat he SIlUtlpcx! and signed.
In .ddition to issuing vins, Sousa Mendes,
"knew of an obscure bolder crossing that had only
ol\e g1.12rd and no phone," ..". John l'twl.
"Correctly guessing that the lone gu:ud had /\Or
yet been notified thar the Ponuguese visos issued in
Bordtaux wae iIkgal, my &tha hdped thousands
mOle refugees cross into Sp2in and make their way
to Ponugol."
When news of SoU$il Mendes' disobedience
Ieath.ed Lisbon, s.Jazar iJ1lIl"..diardy dismissed me
coosuI from the diplomatic savic,," Sousa Men<lts was sent Rabbi Chain. Kruger stands with Sousa Mende.. Kruger gatMNXI
back to l'oTlllgal where he was denied his pension. do,;pite passports, which the cSpIomat stamped and signocI to ......Iives.
having dt:>'Oted 32 JI1"Uli to the Ponuguese foreign savice.
"And yet," saY" John l':lUl, "despm chis treatmenr. <ltspite the osmcism he sulfercd at the h.nds of former friend." my f.u:her
di,pcnaI ofhis childn:D in search of dw livelihood., and rhe nevet chMged his profound conviction that his disobedience
W3S the only oorrect decision he could have mad.. E"""
though we lost everything in temu of our Ill2teti:al PO"'"
MOllS, Iu: LOld us dli1l he lIever Itgmted whar he had done."
j'.
I
~-
"
Ii
~
I
~
I' :l;: 'I;<::;E"'~LII~~'. 1~IIO=
, j .. '- "",n ,,-;r '-'IS
''''~, J~.. ':....'" "'.
~;n.,:a,~ ~.. ,;~~" -f ': ~
r 'i" ~ . 1 I ~ . ,/ ! ' I
111 ":':4~'c~"~t ,.,~~,
;t::- . n~" .. ..
, :-~-"~' ..~':~:';:~(~-
Sousa Mendes, who also hdd alaw degree, was not allowed
to pursue this profession and had no way of ""pporting
the f.unily. No one would employ his eldes< sons, and
there wos. nor enough money for the four youngest dilldren
to oomplctt. their ed'IOloon. "Even so," says John Paul, "my
brother Philip and I managed to receive some high school
education through the gI:nerosity of the Jewish community.
which paid for Our tuition:
With 5alo2.v in control. few dared show sympathy
loward anyone shunned and ignoted by the government.
When ir h.1d been wirhin ,heir power '0 do '0, Sousa
Mendes and his wife Angdina had sav<'<l refugees; after his
dismissal, Sousa Mendes and his children ate meals :along-
side refugees in soup kitcllens run by the Hebrew lmmi-
i!:
a
!
i
,,:~r :!,~~_~~~''''<'r:~'00~_:~~;;?~~'~':. ..,,-~
. TIre Sousa Mendes trom., said at -'ion in the 19500, wiD he
restored and used os a ","5eUm III fas... Holoco..' oducoIion.
THE JEWISH MONTHLY 1.\
NOV-02-01 FRI 19:34
. Donor Walls
. Trees of Life
. Holocaust Memorials
. Yahrzeit Tablets
. Plaques and Awards
. Fundralslng Concepts
W.&E. BAUM
,."1.>1,, tor...!",,., T1Inf ~llrr.dIllJU
Gall for free c:ataloc l-4llJO.922.7377
J . TUTTlE.
."
z tCllItS ;
vift vnl/erg ~
c:
,/", tlte 1iHcst in: ~
~ . China . Cookware
~ ~
- "CI')'8IaI . Giftware F
~ . Silver . CoIlectible8 !'l
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g; 0
~ 1"" $mice
" lVlJ/iIIItJ1I H,iIIRI KfliGIrV g
g'" j;
6
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~ ~
i 800.A~K-LEAH ~
-' . aEJ 113 ill i
. D\aQM BcWYw Z
'" _.01>0....'22 !'l
~ 26.94 ~
-'VlLlEROY AND BOCH'OENBY'V1ETRI(i;
12 MARCH/APRil ?OOO
FAX NO. 954 474 1739
grant Aid Society. Food WlIS brought
IO Angelina. as she was nOt well
enough to travel by Streetcar to rhe
soup kitchen.
"The people looktJd at my fathe!
wim grotdUI oye.s filled wim tears,"
John Paul ",member>. "And when tho:y
bIcsscd him, he n:plied, 'W", toO, an:
refugees.'"
Since employment in Ponugai wos
dc:nicd them, John I'aul1011ains deeply
graa:fuJ to me Jewish individuals and
me Jewish organizations that helped. his
bromers and .u..rs relocate ro other
counllks. When he was 19. John Paul
immigrated 10 the: Unired States. He
bcamc an American citizen ~r seiV-
ing in tbe U.S. Army during the
Korean War and h~ spent his lifc uy-
ing to ttStQre his father's honor in me
eoWlUY ofhis hcritoge.
Angelina suffcttr:l ttom a snoke that
kfi her in a com. lOr sa; months b.fo",
she died in August 1948. DL Sousa
Mendes died in the .prinG of 1954
while still officially ~'laCI:d. Rather
I than barbot ...encm<:nt at his 12ther's
mistn:aDnellt and hi, family's sulli:ring.
John Patd has diteet.:d his en.s
roward penuading a reluaant govern.
ment to reoogniv: the mponsibility his
father had felt 10Wlll1i humanity.
"At first. the Porn,&<- govemrnent
aau.ally denied my father's very exi$-
o:nCl:," says John Paul.
Ironically. the con,..! \Va' .rccogni=!
on an internarionallcvcl bdore he re-
P.04
'.
bim; the city ofBordc."", France, bon-
ored him with a bust nL'Yt to a stanre
marking the French resistance; a pbque
n:ading 'He Who Save; a 1.fe, Savl'$ 0$
it Were the Whol. Wodd,' was .JIixed
to me consulate building in which he
issued SO many visaS. And across tbe
ocean. a park has been named fur him
in Montn:al.
Sal....r died in 1970; lOur ~rs
lales, an almost bloodless rCV(\Iurion
ended ,h. .iiuatotship and emblished
a denlocratic furm of govemm.:nt. Yer
it took nearly 14 y<:ars for the
Ponuguese parliament to Wlanimously
"rehabilitate" the COIlSUI. "finally:
John P...u1 "'y". "in 1987. during his
vi.,il to Wasbingron, D.C., Ponuguese
Presidenl Mario Soat.. hum,n:d my
nthes postbumowly by presenting my
sister Joana with the Ponuguese Order.
of Liberty medal." The IOllowing day,
in me presence of congressional repre.
..ntativa, representatives of the Jewish
communi!)i and the son of twO vi.ta'
recipients. Soar.. apologized IO me
SoUS4 ~des fo.mily for the injustices
of the pn:viow Ponugucsc administra,
tion. In March 1995. after Pom1g3l',
Grand Order of me Order of Cbrio,t
WlIS .Wllrded posthumously to Sousa
Mendes, a postage Stamp was issued in
bis honot. It teads. "Aristidcs de Sou,,"
Mendes; His signature saved mou-
~nd~." Furth.r adrnowlf'dgmem 101-
I""",d io Strasbol1tJl in Novcn\ber
1998. when the European Parliament
t
i.'
;
.~
John Paul Rbrnnches remains deeplq grate~1 to the
Jewish individuals iII1d the Jewish organizanons that helped
h~ brothers and sisters relocate to other counlTies
ceived recognition in his own counny.
In I '>67 the Ya<! Va.shcm Holocaust
Memorial Museum in brae! granrod
him ,he ,ilk ur"Righteou, Among cbc
Nations." A city "'IU3rc in ~(h
Ttkvah, the first Jewish agrieukural ,ct-
demc....t in lmd. h... been named lOr
honored Sousa Mendes with a medal.
"And }'I'l." JolU! P.wl rdlr:u>, "the
official Porrog"'" attirnde w.u no<
unanimow. Though the president of
Pornrgal had apologized for my father's
unjust treatment and r.inscated bio
honor. Porrng..... Prin,e Minister'
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
lopment Dire~
TO:
BY:
DATE:
November 20, 2001
SUBJECT: Staff research for City Commission concerning other architectural styles
aside from Mediterranean design for new residential development on NE 188
Street.
November 27,2001 City Commission Workshop
RECOMMENDATION
It is recommended that the Mediterranean design guidelines continue to be implemented
in the Land Development Regulations as proposed at first reading, however, if the City
Commission is concerned with an abundance of Mediterranean architecture within the
City, new residential development on NE 188 Street may be required to incorporate the
following architectural design guidelines and not be restricted to one architectural style:
a. Changes in massing in the building form(s) shall be incorporated in the overall
development design including, but not limited to facades and rooflines.
b. Architectural projections shall be incorporated into the building design including, but
not limited to awnings, canopies, balconies, and columns.
c. Exterior colors used shall be light earth tone schemes or other color palettes that
may be approved by the City Commission.
DESCRIPTION IBACKGROUND
At the City Commission meeting on November 6, 2001, staff was requested to research
additional architectural styles to regulate new residential development on NE 188 Street.
The commission had expressed concern that there may be too much Mediterranean design
presently in the City, and was also concerned that perhaps the Land Development
Regulations should not restrict development to one architectural style.
Please find enclosed, a copy of other architectural styles as found in the St. Petersburg,
Florida, Neighborhood Design Review Manual. Staff is concerned that these other types of
architectural styles are not fitting with the present character of the City. Therefore, staff
recommends that if the Commission is concerned that new residential development on NE
188 Street not be restricted to a certain architectural style, then no language should be
incorporated into the Code thereby regulating style. This will allow developers to design
unique residential development with its own style and character, while still incorporating
other important design elements such as:
a. Changes in massing in the building form(s) shall be incorporated in the overall
development design including, but not limited to facades and rooflines.
b. Architectural projections shall be incorporated into the building design including, but
not limited to awnings, canopies, balconies, and columns.
c. Exterior colors used shall be light earth tone schemes or other color palettes that
may be approved by the City Commission.
2
--
Mediterranean Revival- Usually are asymmetrical in plan and one or two stories. The most
common elements are curving wing walls. arched facade openings. arcades and colonnades.
stucco walls. terra cotta (barrel tile) roof. chimney with capped tile roof or square tower with
a pyramidal roof. [see Figure 14)
Colonial Revival - Wood frame rectangular structures have wood or brick exteriors. Most
buildings have symmetrical floor plans with flanking wings. roof forms such as hipped. double
pitched and mansard. Other features include double hung multi-paned windows, pediment
dormers, raised porticos. and fan lighting entries. [see Figure 15)
Vernacular - Floor plans are square, "T" or "L" in shape. Exterior features include raised front
porches, wood siding or masonry walls. various pitch gabled roofs, and symmetrical
fenestration on the front facade. [see Figure 161
Bunaalow - One to two story structures with asymmetrical plans. wood frame construction,
natural colors and materials. A distinct feature of this style is the broad, sloping. and low-
pitched roof with wide eaves. extending over a raised front porch supported by massive
masonry piers. [see Figure 17)
n&2r. - Tudor is characterized by the angular roofline of high-pitched gables with steep
dormers. The exterior materials are stucco and half timbering. with the ground floor level in
either brick or stone. Multiple chimney stacks, multiple casement window groupings, and
Tudor arches atop doors and openings, are also common of this style. [see Figure 18]
Shinale - Walls and roofs are covered by wood shingles. Walls have no corner boards and the
shingle coverage in uninterrupted on the corners. Facades are asymmetrical. with one large
roof. Large porches are also very common in this style. lsee Figure 19)
Mission - Mission shaped dormers or roof parapets distinguish this architectural style. Often.
large square piers, arched on top, support the roof of the porch. The wall surface is usually
smooth stucco and the roof is flat or covered with red tiles. [see Figure 20)
Prairie - Often two stories with one-story wings or porches. and massive square porch
supports. The low-pitched roof is usually hipped with wide eaves. Horizontal facade detailing
such as porches. eaves. and cornices are very common in this style. [see Figure 21)
SECTION 63.50 DESIGN REVIEW PROCEDURES
Design review procedures are as follows:
1.
Design review will be conducted by the Planning Department.
2.
Developments that are inconsistent with the design review criteria identified in this
chapter will be denied and no permits shall be issued therefore. The City Manager
may issue stop work orders for any activity which has not received approval
15
MEDITERRANEAN REVIVAL
massive chimneys commonly
crowned with decorative
tiled rool
round Of" sQUare towers
"
stucco or tile decorative vents
barrel tile rool
/
areaded wing wall
stucco _II finis
o
[]
11
balconies
asymmetric lorm
FIGURE 14
1'"
COLONIAL REVIVAL
",Ad .frnnt door
with aide IlQhts or
overhead fan light
clapboard siding or brick
,
dOuble hUIIiI window,,---
with multiple
pa.... of glass
___ paired windows
shutters
.
decoralive porch with
classical columns
symmetrical facade
..
.
.
.
.
RGURE 15
17
VERNACULAR
dormers
B
craftsman style window
and door detailing
lOw sloping hip roof
8 8 8
clapboard siding with
prominent corner
boards and trim
m
!8BJ
front porch with large
wooden columns
symmetrical boxy shape
FIGURE 16
18
BUNGALOW STYLE
flared roof line
exposed eaves
and beam brackets
multiple roof planes
\
EJIEJ
asymmetric form
trellised porch
or porte cochere
craftsman style windows
with decorative upper sash
and plain lower sash
grouping of windows
-
........
..
r~
'---
FIGURE 17
19
TUDOR STYLE
/ A~ steeply. pitched roolline decorative
."""-'''' - ~DQ~ ~~ ..,""'","'
-~-- - I ~ I
t1~ ~fQ0 -- -- ~~~~~~
III @ III I ~'~=M_
arched doorway
FIGURE 18
20
I
I
1
I
I
.
.
..
II
SHINGLE STYLE
irregular steeply
pitched roof line
wall and roof
clading of continuous
wood shingles
extensive porch
usually covered
an extension of
the main roof
multi level eaves
shingles wrap
corners of
the building
symmetrical facade
RGURE 19
21
MISSION STYLE
mission shaped
dormer or rool ~ .
flat roo' behind
decorative parapet wall,
or barrel tile roof
porch roo' support
by large square piers
.
D~ 6
IMI
IiI
widely overhanging
eaves with
exposed rafters
or decorative
bracketing
I
I
I
tucco wall finish
FIGURE 20
22
PRAIRIE STYLE
ill
low-pitched hip roof with
widely overhanging eaves
massive square
porch supports
ffiIDBJm
mo
detailing emphasizing
horizontal lines
two stories with one
st<><y porches or wings
~
horizontal groupings
of windows
\::'.
23
MIAMI-DADE FIRE BOARD DISTRICT 3
NEWS FLASH
November 21,2001
The Miami-Dade Fire Board is in the process of selecting a new
Fire Chief for the Miami-Dade Fire Rescue Department (MDFR).
This process represents the opportunity to select an individual
that will provide leadership for a world-class fire and emergency
department with 1850 personnel with an annual budget of
approximately 200 million dollars. MDFR presently operates 52
fire stations serving unincorporated Miami-Dade County and 26
municipalities.
As your Fire Commissioner I welcome your input, questions and
concerns. I have enclosed copies of the resumes of the candidates,
recommended by County Manager Steve Shiver, for your review.
The candidates are Deputy Chief Charles U. Phillips Assistant
Chief Carlos J. Castillo and Assistant Chief Charles V. Lanza.
Please feel free to contact my office at 786-331-5058, if I can be of
further assistance.
Honorable Teresa Everett
Fire Commissioner District 3
Mary Robinson
Assistant to Commissioner
MDFR Headquarters, 9300 N.W. 41 Street, Miami, FL 33178
TE/F2
EDUCATION
St. Thomas University-Miami
Florida International University
Miami-Dade Community College
Miami-Dade Community College
RESUME
CHARLES V. LANZA, JR.
Director, Miami-Dade County
Office of Emergency Management
Telephone: (305) 468-5403
DEGREE
M.H.M.
B.A.
A.5.
A. A.
DATES
1987-1989
1973-1976
1979-1981
1971-1973
DISCIPLINE
Health Management
Political Science
Nursing
Pre-Law
PROFESSIONAL EXPERIENCE
August 1995 to present Miami-Dade County, Miami, Florida. Director of the Office of
Emergency Management (OEM). Responsible for the planning,
development, implementation, and administration of a county-wide
Comprehensive Emergency Management Plan (CEMP). In view of Miami-
Dade County's vulnerability to natural disasters and technological incidents,
the Office continually provides training, public awareness, hazard
identification, and recommends mitigation efforts. The Office trains all
County agencies and other impacted organizations on the CEMP.
July 1993 to August 1995
December 1991 to July 1993
Miami-Dade County, Miami, Florida. Director of the County
Manager's Office of Trauma Services. Responsible for the planning,
development, implementation, and administration of a county-wide Trauma
Agency. The Office maintained a trauma patient database that is central to
the Trauma Registnj and the Trauma System Quality Management Program.
Data was continuously collected and analyzed to evaluate the care provided
and to improve the quality of trauma care given. Accomplishments include:
revised and received State approval of the Local Trauma Plan; the Office
received a NACo Achievement Award for the Trauma System Quality
Management Program; in 1995, the Office received over $78,000 in Florida
EMS-Matching Grant funds to conduct trauma research and educational
activities; the Office is received approval of a uniform, county-wide trauma
transport protocol; and finally, coordinated county-wide EMS Week, injury
prevention, education, and disaster medical preparedness and response
activities.
Miami-Dade County Fire Rescue Department, Miami, Florida.
Division Chief for Emergency Medical Services. Responsible for the
planning, development, implementation, and administration of a countywide
fire-service emergency medical system. Placed into service the first
Advanced Life Support suppression unit. Implemented a program of
quality assurance by establishing a permanent group of advisory medical
directors and a standing protocol committee.
Page 1
July 1988 to December 1991
February 1978 to July 1988
July 1985 to December 1987
December 1981 to July 1985
Metropolitan Dade County Fire Rescue Department, Miami,
Florida. Division Chief for Communications. Responsible for the
planning, development, implementation, and administration of a countywide
emergency medical dispatch system. Accomplishments include: upgrade to
the Computer assisted dispatch system, installation of new dispatch consoles
and installation of county-wide digital paging system.
Metropolitan Dade County Fire Rescue Department, Miami,
Florida. Progressive advancement to the rank of Division Chief.
Pembroke Pines General Hospital, Pembroke Pines, Florida.
Emergency Department Nurse.
Parkway Regional Medical Center, North Miami Beach, Florida.
Trauma Nurse Specialist.
PROFESSIONAL ACTIVITIES (limited to most recent and/or major)
Board of Directors
Certified Emergency Manager
Administrative Officer
Founding Member
Vice President
Advisory Member
Medical Team Manager
Chair
Chair
Member
Greater Miami and the Keys American Red Cross 1999 to present
National Coordinating Council of Emergency Management, 1996
South Florida Regional Disaster Medical Assistance Team (DMA T).
Steering Committee of the Dade County SAFEKIDS Coalition
Board of Directors of the South Florida Regional Disaster Medical
Assistance Team, Inc. April 1994 to 1999.
American College of Surgeons Florida Committee on Trauma 1994 to
1997.
Metropolitan Dade County Fire Rescue Urban Search and Rescue
(USAR) Team, Miami, Florida, June 1994 to present.
Dade County Manager's Special Needs Task Force 1995
Model Hazardous Materials Procedure for Hospitals Committee 1993
to 1996.
Governing Board of the University of Miami Simulation Laboratory,
June 1993 to present.
PUBLICATIONS AND MAlOR PRESENTATIONS
Articles:
Johnson, W.P., & Lanza, C.V. (April-June, 1993). After Andrew: An EMS perspective. Pre-Hospital and
Disaster Medicine, 8 (2), 169-171.
Internet Articles:
"Community Preparedness - Y2Kprep"; Community Preparedness - Y2K Mitigation"; "Miami-Dade
County Y2K Response Planning"; "Fostering Local Emergency Response Y2K Awareness"
Page 2
Columns:
"The Final Chapter?"; "Lanza Ushers in the New Year"; "Some Final Words on New Year's
Celebrations"; "Lanza Passes the Mic"; "Ironing Out"; "Dress Rehearsal"; "The Sisyphus Syndrome";
"The Push and Pull Responses to Y2K"; "Y2K Scams"; "Hurricane and Y2K Prep: Two Peas in a Pod";
"Y2K Prep Should not be an Underground Activity"; "New Year's Eve Events Still Threaten
Emergency Resources; Dennis Anxieties Reinforce"; Need for Prudent Preparations"; "Y2K Prep: A
Behavioral Survey"; " A Global Report on Two Local Reactors"; "Y2K Prep Never Ends"; "A Second
Quarter Synopsis"; "Notes from Miami-Dade's Y2K Symposium"; "More on Miami-Dade Y2K Prep
Progress"; "Reader Writes in with Correction on Embedded Systems"; "More on the Draft Federal
Response Plan for Y2K"; "Y2K and New Year's Celebrations: A Deadly Mix?"; "FEMA Issues Draft
Y2K Annex to Federal Response Plan"; "Two Y2K Contingencies: 911 and Hospitals"; "Miami-Dade
Y2K Program Update"; "Team Florida' 2000 Starts Up"; "Four Steps to Effective Community Y2K
Awareness"; "Local Industry Groups and Their Y2K Concerns";" A First Quarter Synopsis": "Y2K
More Than a "Stormll"; "Y2K Public Information Dissemination": "After Phase One, What's Next?":
"Contingency Planning? What's That?"; "FEMA And State/Local Government- Countdown to Y2K";
"Disaster '99 Conference Focuses on Y2K Preparedness"; "Y2KWomen: a Web Site for All"; "Safe
Information Dissemination"; "Communication Is The Key"; "Miami-Dade Y2K Preparations: A
Universal Template"; "Respond on Failure? Not on Your Life"; "A Look at Y2K Exercises"; 1998 "A
Community Goal: Self-Sufficiency for 14 Days"; "Survey Says. . . ?"; "Global Problems with Local
Solutions"
Videos:
Global Problems With Local Solutions: A Communittj Y2K Preparedness Plan,
Presenta tions:
Opening Sessions and General Sessions for Major Conferences only
National Hurricane Conference Severe Flooding in South Florida Washington
Governor's Hurricane Conference A Model Response to Flooding Tampa
EMS Expo Hurricane Andrew: An EMS Perspective Arizona
April 11, 2001
May 16, 2001
February 1993
Other Sessions Major Conferences (does not include numerous training sessions conducted)
S. Florida Hurricane Conference A Model Response to Flooding Ft. Lauderdale June 2001
National Hurricane Conference Response: Role Versus Reality Washington July 1996
State Fire Chief's Association TIle Crash ofValuJet Flight 592 Illinois October 1996
National Hurricane Conference Response: Role Versus Reality Florida July 1996
State Fire Chief's Association Hurricane Andrew: An EMS Perspective Virginia June 1993
State Fire Chief's Association Hurricane Andrew: An EMS Perspective Illinois July 1993
EMS Today EMS-Fire, Private or Third Service? Indiana March 1993
Page 3
"
OBJECTIVE
STRENGTHS
EXPERIENCE
1974-Present
CHARLES U. PHILLIPS
18305 SW 84 Court
Miami, FL 33157
Home (305)378-0032
Office (786)331-5108
Fire Chief/Director, Miami-Dade Fire Rescue Department
Results-oriented organization; analytical, multiple-activity coordinator and manager.
Effective communicator and negotiator; high standards in training activities and evaluation.
Excellent public, management and staff relations; effective team builder and worker.
In-depth knowledge and hands-on operations experience in a county-size fire department.
27 years experience in the largest Fire/Rescue Department in the Southeastern U.S.
MIAMI-DADE FIRE RESCUE DEPARTMENT, Miami, FL
Deputy Director (9197-Present)
· Responsible for directing the operations of emergency medical services, fire suppression,
Communications, Air Rescue, Airport, Training and International Programs (approximately
1,600 uniform Officers with an annual budget of over $200 million).
· Oversees Labor Relations and serves as chief negotiator for union contracts.
· Implements the goals and objectives of the department.
· Provides coordination and management for major incidents/ disasters.
. Serve as Chief of Staff; assume position of Fire Chief during his absence,
Airport Fire Chief (1/96-9197)
· Responsible for all fire suppression, emergency medical services, building inspection,
training and other public safety activities at the four airports in the greater Miami area
(MIA, Opa-Locka, Tamiami and Homestead).
· Administered a $9+ million budget, with a staff of 101 uniform personnel.
· Initial Incident Commander and key decision maker during the ValuJet Aircraft Disaster.
. Incident Commander at the Fine Air cargo plane crash.
Training Division (1992-96)
· Responsible for all programs and over 1,600 firefighting personnel and staff (130+ million
budget), covering a 2,000+ square mile area, population 2+ million, major international
airport and small airport, and a major seaport.
· Developed and administer fire fighting, emergency medical, hazardous materials,
water rescue, new recruit, cultural diversity and customer service training.
· Developed the Probationary Firefighter Evaluation and Development Program.
· Expanded the amount of training programs provided by the Division by over 200%,
with training in hazardous materials, special equipment, OSHA/Safety Regulation,
Driver/Operator training and orientation for newly promoted officers.
· Initiated a Management Training Program for upper management staff officers.
Fire Captain/Station Commander (1987-92)
· Directed station operation; established station rules and procedures for shift work
operations and conduct.
· Oversees station personnel at MIA and Opa-Locka Airports and EMS training
operations.
Battalion Captain/Operations (1986-87)
· In charge of 4 fire stations and supervised 32+ uniform firefighters and officers
in the Central and North Dade County areas.
Charles U, Phillips
Resume, Page 2
EDUCATION &
TRAINING
Fire Lt./EMS Training Coordinator/Special Project Officer (1983-86)
· Developed training curriculum, directed training operations, EMT
Instructor (trained 1,200+ emergency medical personnel).
· Instituted and developed the Department's initial Infectious Disease
Control guidelines,
· Established the Department's Customer Service Blood Pressure
Screening Program.
Fire Lieutenant/Supervisor. Miami International Airport (1978-83)
· Responsible for the Airport Rescue unit and handled numerous emergencies,
accidents and health crisis.
Firefighter/Paramedic. Central Dade Fire Station (1976-78)
· Conducted paramedic duties; member of the first group of 30 firefighters/
paramedics in Dade County.
Driver/Engineer. Central Dade Fire Station (1975-76)
· Performed as a driver operator on a fire apparatus.
Firefighter/EMT. Central Dade Fire Station (1974-75)
· Rotated in area fire stations.
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1999 Graduate, National Fire Academy, (4 yrs.) "Executive Fire Officer Program"
Emmitsburg, Maryland.
Executive Development Program, 1995, Florida International University
Chief Fire Officer's Management Training, 1983, Dr. Carl Holmes' Management Program,
Deerfield Beach Fire Department
State Certifications: Fire Officer 1, Fire Instructor, General Instructor, and Paramedic
(1976-present); CFR Specialist, Driver/Engineer, EMT, Firefighter
Certified Rescue Scuba Diver
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M.S.M. - Business/Public Management. cum laude. 1985
St. Thomas of Villanova University, Miami, FL
Thesis: "Private-vs-Public Fire Service Comprehensive Analysis of Alternatives"
(graduated first in the class)
B.S. - Fire Science Administration. 1983
Florida International University, Miami, FL
Minor: Public Administration
· Received award for being first graduate of this program from Southeast U.S.
· Third person in the U.s. to receive a degree in Fire Science Administration
A,S. - Fire Science Technology, 1976
Miami Dade Community College, Miami, FL
A.S. - Pre-Law Program. 1974
Miami Dade Community College, Miami, FL
Charles U, Phillips
Resume, Page 3
AFFILIATIONS
PERSONAL
INTERESTS
COMMUNITY
WORK
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Former Member, Florida Bar Grievance Committee (11 "A")
Florida Fire Chiefs Association
International Association of Black Professional Firefighters
Progressive Firefighters Association of Dade County, Inc.
National Forum for Black Public Administrators
Kappa Alpha PSI Fraternity
NAACP
International Association of Fire Chiefs
Greater Miami Chamber of Commerce
Leadership Miami Association
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Born: July 26, 1953
Married, 1 child
Excellent Health; non-smoker
Literature, History, Fire Technology, Music, Golf, Skiing and Scuba Diving
.
Member - Five Hundred Black Male Role Models of Excellence - leadership and mentoring
for inner-city black youth
Board of Directors, New Miami Group: Professional organization with the goal of increasing
economic/social development opportunities in the black community.
Deputized Juvenile Justice Advisor for the Florida Department of Juvenile Justice
Outstanding Young Men of America, 1983: Selected by the U.S. Jaycees for outstanding
professional achievement; superior leadership ability and exceptional service to the
community
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Employment Experience
1981 to Present
July 1995 to Present
December 1988
to June 1995
Carlos J. Castillo
13931 Southwest 109 Street
Miami, Florida 33186
(305) 383-1421
Miami-Dade County Fire Rescue Department
9300 N, W, 41 Street
Miami, Florida 33178
Assistant Fire Chief for Operations
Responsible for managing and directing the department's operations, This
includes supervising five divisions; three geographic divisions, Miami International
Airport and Special Operations, There are 1,400 uniformed firefighters in
Operations,
Appointed by Governor Jeb Bush to Florida's Domestic Security Advisory Panel.
The panel provides advisory assistance to the Governor, the Legislature, and other
entities.
Served as the Incident Support Team Leader for FEMA's Urban Search and
Rescue response to the terrorist attack at the Pentagon September 2001.
Responsible for managing and coordinating search, rescue, and recovery
activities,
Responded to the January 1999 earthquake in Colombia as part of the U, S,
Disaster Assistance Response Team,
Incident Commander for the response to the crash of ValuJet Flight 592 in the
Florida Everglades and for the response to the Fineair crash as well as the
Ecstasy Cruise Ship fire in 1998,
Served as FEMA's Incident Support Team Leader for the 1995 response to
Hurricane Marilyn in St. Thomas, U,S.V,1. and for the response to the building
explosion in Puerto Rico in 1996, Also served as the 1ST Operations Coordinator
for the 1995 response to Hurricane Opal in Florida,
Member of the Defense Science Board Panel on Civil Integration and Response
for Transnational Threats (Chemical/Biological Wariare) for the Department of
Defense.
Special Operations Division
Division Chief
Responsible for managing and directing the department's specialty functions,
which include Hazardous Materials, Marine Services, Technical Rescue, Urban
Search and Rescue, and International Training.
Responsible for managing an agreement with the U.S. Department of State, Office
of Foreign Disaster Assistance, to provide disaster relief support worldwide and to
develop curricula and coordinate training for emergency responders in Latin
America and the Caribbean. Also manage the agreement with the Federal
Emergency Management Agency to maintain an Urban Search and Rescue Task
Force for response to disasters in the U. S.
I
May to December
1988
1983 to 1989
Higher Education
2000
1999
1994 to 1997
1978 to 1983
In response to the April 1995 explosion at the federal building in Oklahoma City,
activated by FEMA as part of the initial team of five people, marking the first time
the Incident Support Team (1ST) was implemented. The 1ST is responsible for
coordinating FEMA's Urban Search and Rescue response. This response
consisted of more than 600 rescuers from around the country, Served in several
incident management positions,
Metro-Dade Response Team Leader for mission to the Philippines following
earthquake in July 1990
Team leader for Metro-Dade's response to Hurricane Hugo in the Eastern
Caribbean in September 1989
Member of U.S, International Search and Rescue Team that responded to Soviet
Armenia following December 1988 earthquake
Training Division'
AIDS Awareness Program,
Developed teaching module and supervised its implementation as in-service
training for all Fire Department personnel.
Co-Developer and Instructor for Vehicle Extrication (July-August 1988),
Program consisted of classroom and practical instruction for 800 rescue and
firefighting personnel.
Training Instructor for Metro-Dade firefighter recruit class (June, September 1988),
Duties included development and implementation of lesson plans for classroom
and field training,
Parkway Regional Medical Center
Registered Nurse, Emergency Department
160 N, W. 170 St.
Miami, Florida 33169
National Fire Academy
Executive Fire Officer Program
Currently in second year of the four-year program
Florida International University, Institute of Government
Completed the Academy for Strategic Management
Barry University
11300 N. E. 2 Avenue
Miami Shores, Florida 33161
Bachelors Degree
Miami-Dade Community College
950 N. W. 20 St.
Miami, Florida
Associate in Science, Nursing-Honors May 1983
Special Skills and Activities
Lecturer at the University of Miami School of Medicine
Articles on fire service issues and on disaster response published in several
professional journals including Rescue, Response, and Fire Engineering. Also
published in The Miami Herald.
Received the Distinguished Service Award from Metro-Dade Firemen's Benevolent
Association.
State of Florida Fire Fighter of the Year 1992 by Florida Fire Marshall's
Association,
Firehouse Magazine Heroism Award for Community Service, 1993.
Participated with OFDA and NASAR to develop the Search and Rescue
component of the United States Disaster Assistance Response Team (DART).
Working group member for the FEMA's National Urban Search and Rescue
Response System.
Member of the International Search and Rescue Advisory Group formed by the
United Nations Disaster Relief Coordinators Office to address international search
and rescue coordination.
Speaker/Lecturer on disaster response at various conferences throughout the
world
Memberships
(Past and Present)
International Association of Fire Chief's Urban Search and Rescue Committee
Florida Fire Chiefs Association
Dade County Chief Fire Officers Organization
National Disaster Medical System Steering Committee
American Red Cross International Services Committee
Certifications
Rescue Scuba Diver
Basic Life Support Instructor
Trauma Management for the Paramedic
Advanced Cardiac Life Support
Pediatric Advanced Life Support
Florida Fire Service Instructor
OFDA Instructor Trainer
Registered Nurse