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96-10 ORDINANCE NO. 96-10 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION, RECREATION AND CULTURAL ARTS ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to create an advisory body, to be known as the City of Aventura Beautification, Recreation and Cultural Arts Advisory Board, to provide advice and recommendations to the City Council on matters concerning City beautification, cultural arts, special events, and recreational activities. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Creationl Composition and Qualifications. A. There is hereby created and established the City of Aventura Beautification, Recreation and Cultural Arts Advisory Board (the "Board") consisting of seven (7) members who shall be appointed by the Mayor, subject to the approval of the City Council. Each member of the City Council may recommend appointments to the Mayer. Members of the Board shall hold office at the pleasure of the City Council. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. B. Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six (6) month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Council. In appointing members of the Board, the following guidelines shall be considered: 1. Expressed interest and/or experience in landscape design and architecture, beautification projects, recreation activities, culture and the arts. 2. Evidence of a commitment to serve and act in the best interests of the citizens of Aventura. C. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. 2 D. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Section 2. Term of Office. The initial term of office for members of the Board shall be from the date of adoption of the Ordinance creating the Board until November 3, 1997. Thereafter, terms of office for members of the Board shall be for a period of one (1) year, with eligibility for reappointment. Section 3. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Council and City Manager. Section 4. Rules of Procedure. The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. A. During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman. B. Four (4) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least four (4) affirmative votes shall be required for official action. Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advise to the 3 City Manager and City Council. The following matters shall be within the advisory jurisdiction of the Board: · Stimulate greater public awareness and appreciation of the importance of beautification, recreation and cultural arts in the City. · Assist in the formulation of special events, recreation activities and cultural programs. · Provide recommendations on landscaping and beautification projects. · Promote the sponsorship of cultural arts and special events by community and civic organizations. · Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. · Act as the City's tree Board for the Tree City USA requirements. · Other matters assigned by the City Council or City Manager. Section 6. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember !~eskin , who moved its adoption on first reading. This motion was seconded by Councilmember _Berber , and upon being put to a vote, the vote was as follows: 4 Councilmember Arthur Berger yes _ Councilmember Jay Beskin Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow :~es Vice Mayor Patricia Rogers-Libert .yes Mayor Arthur I. Snyder The foregoing Ordinance was offered by CouncilmemberHolzbe~:~ , who moved its adoption on second reading. This motion was seconded by Councilmember :Cob-e~. , and upon being put to a vote, the vote was as follows: Coun¢ilmember Arthur Berger Councilmember Jay Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Coun¢ilmember Jeffrey Perlow yes Vice Mayor Patri¢ia Rogers-Libert yes Mayor Arthur I. Snyder ~I~- PASSED AND ADOPTED on first reading this ;~¢1 day of July, 1996. PASSED AND ADOPTED on second readin:h,~is ~ clay of July, 1996. ATTEST: TERESA M. SMITH, ACTING CiTY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 5