Ordinance 006-1980
ORDINANCE NUMBER:
6-1980
ORDINANCE ESTABLISHING MONROE COUNTY FINE
ARTS COUNCIL; PROVIDING DEFINITIONS; ESTAB-
LISHING QUALIFICATIONS FOR MEMBERSHIP; PRO-
VIDING FOR THE ELECTION OF OFFICERS; PROVIDING
FOR AN EXECUTIVE DIRECTOR; SETTING FORTH
POWERS; PROVIDING FOR MEETINGS, COMMITTEES
AND RULES; PROVIDING FOR FUNDING BY MONROE COUNTY;
PROVIDING A FINDING OF PUBLIC PURPOSE; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute Chapter 265, Section
265.32 authorizes this County to create a County Fine Arts
Council; and
WHEREAS, the Board of County Commissioners finds that
it is in the public interest to increase the appreciation of the
arts among Monroe County's citizens; and
WHEREAS, the Commission finds that it is in the public
interest to provide proper facilities for all types of cultural
expressions in locations that are accessible; and
the Commission finds that it is in the public
interest to create and maintain an atmosphere conducive to the
.
fullest expression of all forms of the arts to provide artistic
satisfaction to the performer and to enrich the lives and fill the
leisure time of all Monroe County citizens,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Monroe County Fine Arts Council--There is
hereby created and established the Monroe County Fine Arts Council,
hereinafter referred to as "the Council," a part of the government
of Monroe County, Florida, for the purpose of developing, coordinating
and promoting the performing and visual arts in Monroe County,
contracting for artistic services, performances and exhibits and
developing physical facilities for the use of the arts, all for the
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enjoyment, education, cultural enrichment, and benefit of the
citizens of Monroe County, Florida. In furtherance of said pur-
pose, the Council shall attempt to accomplish the following ob-
jectives:
(1) Stimulate greater governmental and public awareness and
appreciation of the importance of the arts to the people of Monroe
County.
(2) Encourage and implement greater and more efficient use
of governmental and private resources for the development and sup-
port of the arts.
(3) Encourage and implement opportunities for Monroe County
residents to participate in artistic activities.
(4) Promote the development of Monroe County artists, insti-
tutions and community organizations sponsoring the arts.
(5) Survey and assess the needs of the arts and of the people
of this county relating thereto and make such information promptly
and regularly available to all interested agencies and persons upon
request.
(6) Support and implement the preservation and growth of the
county's artistic and cultural resources.
(7) Foster the development of a receptive climate for the
arts to enrich and benefit culturally the citizens of Monroe County
in their daily lives, make Monroe County all the more appealing to
visitors, and attract to Monroe County's residency additional out-
standing creators in the field of the arts through appropriate pro-
grams of publicity, education and coordination.
(8) Sponsor activities such as the presentation of lectures
and exhibitions.
(9) Encourage and coordinate the artistic activities of other
governmental agencies, including those concerned with the public
educational system.
(10) Provide Monroe County cultural organizations with infor-
mation and assistance.
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Purposes and objectives provided by this section are
hereby deemed to be public purposes.
Section 2. Definition of "the arts" -- The boundaries
of the arts are constantly changing, but for the purposes of this
ordinance shall include, without limitation, all phases of the
visual and performing arts.
Section 3. Membership and organization --
(1) Each Council member will be charged with the responsi-
bility of serving the best interest of the arts in the county within
the purposes of this act, and no Council member shall view his
or her Council role to be that of representing any particular
geographic area of the county, interest group, arts institution,
community organization, or audience.
(2) The Council shall consist of fifteen (15) members chosen
by the County Commission. The County Commission shall select
the Council members from the qualified electors residing in Monroe
County who have general knowledge of all of the arts, with specific
and in depth emphasis on one or more of the arts, and who have had
active involvement in the arts. However, no person shall be deemed
qualified to be a Council member if within the preceding six (6)
months such person has been a paid or non-paid manager, administrator
or director of an arts or cultural organization, in Monroe County
whether profit or non-profit.
(3) Vacancies on the Council shall be filled by the County
Commission. In filling any vacancy, the County Commission shall
select a replacement Council member from a list of three (3) can-
didates to be submitted by the remaining members of the Council.
In the event that none of the three candidates suggested meets
Commission approval, the Council shall submit another entirely
different list for Commission consideration. This process shall
continue until a suitable replacement has been found to fill the
existing or anticipated vacancy.
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(4) There shall be an ex officio member who shall be a
member of the Board of County Commissioners to be designated by
it. The Council may authorize additional ex officio members from
any municipality within the County which it determines deserves
representation, and any such member shall be designated by the City
Commission from its membership.
(5) The Council shall endeavor to make the public aware of
any vacancy which occurs by daily advertisement in newspapers or the
electronic media so that there shall have been county-wide exposure
for a period of three (3) days at least ten (10) days prior to the
taking of the intended action. The Council shall then receive open
nominations from the citizens of Monroe County before submitting
any list of candidates to the County Commission.
(6) The term of office for each member shall be four years;
however, of the members first appointed, three shall serve for one
year, four for two years, four for three years, and four for four
years.
(7) No Council member who serves a full four year term shall
be reappointed to the Council during the two year period following
expiration of his or her term.
(8) The Council will meet at least quarterly and continued
absence or failure to complete or report upon assigned projects
will be cause for removal of such member from the Council.
Section 4. COllncil Officers -- The Council shall elect
annually one of its members to be its chairperson and another to
be its vice-chairperson. No member of the Council may serve as
chairperson for more than one term. The Council may elect such
other officers as it deems appropriate.
Section 5. Executive Director -- The Council, shall appoint
an executive director who shall initially be a part-time employee
who shall receive a nominal salary fixed by the Council. The Council
shall appoint a full-time director, at such time as it becomes
necessary and advisable to appoint an executive director who is full
time employee, and that Director shall receive an appropriate salary
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fixed by the Council. The executive director shall carry out the
policies and programs established by the Council, and may employ,
subject to Council approval and budgetary considerations, such
staff and consultants as are appropriate to carry out those
policies and programs and shall be in charge of the day-to-day
op~rations of those policies and programs.
Section 6. Powers of the Council -- The Council shall
have all legal powers necessary and appropriate to effectuate its
objectives and the purposes as set forth in this ordinance subject
to the approval of the County Commission including but not limited
to the power:
(1) To have a seal and to alter the same at its pleasure.
(2) To provide financial support, including grants, matching
grants, loans and guarantees, when other sources of financial
support are unavailable or impractical, to Florida artists, art
institutions, local arts interests, and community organizations
sponsoring art activities pursuant to such regulations as the Council
may adopt and publish.
(3) To adopt rules for the regulation of its affairs and the
conduct of its business.
(4) To acquire by grant, purchase, gift or devise all property,
real or personal, or any estate or interest therein necessary,
desirable or convenient for the purposes of this ordinance, and to
lease or rent all or any part thereof and exercise all of its
powers and authority with respect thereto.
(5) To lease or contract for the operation of any part of
any of the cultural facilities of the Council, subject to reasonable
public notice, bid and hearing.
(6) To fix and collect rates, rentals, fees and charges for
the use of any and all of the cultural facilities of the Council.
(7) To contract for the operation of concessions in any of
the cultural facilities of the Council, subject to reasonable
public notice, bids and hearing.
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(8) To advertise within or without the state any of the
activities, events or facilities of the Council.
(9) To make and enter into all contracts and agreements
necessary or incidental to the purposes and the performance of
the duties imposed and the execution of the powers granted under
this act, and to employ such director, consulting services,
engineers, superintendents, managers, construction and financial
experts and attorneys, and such employees and agents as may, in the
judgment of the Council, be deemed necessary, and to fix their
compensation.
(10) To cooperate and contract with the government of the
United States or the State of Florida, or any agency or instru-
mentality thereof, or with any municipality, district, private
corporation, co-partnership, association, or individual providing
for or relating to cultural activities, events or facilities.
(11) To organize advisory committees.
(12) To recommend for consideration the names of at least
three qualified persons for each vacancy that occurs on the
Council.
(13) To give such priority to the accomplishment of the
purposes, objectives, and duties of the Council as it shall
determine to be in the best interest of the arts and the people
of Monroe County.
(14) To request and obtain such assistance, services, and
information from other government agencies or entities as will
enable the Council properly to carry out its objectives under
this ordinance.
(15) To do all acts or things necessary or convenient to
carry out the powers expressly granted in this ordinance.
(16) To seek and accept appropriations or funds from any
federal, state, county, city, or municipal governmental entity,
or any individual, partnership, joint venture, or corporation.
(17) To create associate memberships.
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Sectio~7~ Council meetings; public hearings;
committees and advisors; reports; rules
(1) (a) All meetings shall be open to the public. Council
meetings shall be held at least quarterly pursuant to notice and
at such times and places as the Council shall determine. One half
of the Council membership, plus one, shall comprise a quorum for
the transaction of business at Council meetings.
(b) Three consecutive unexcused absences from Council
meetings shall constitute cause for a member removal from the
Council, which removal shall be approved by two-thirds of the
remaini.ng Council members.
(2) The Council shall hold at least one public hearing
annually, pursuant to public notice specifying the date and place
of hearing and the subjects to be considered, specifically for the
purpose of making the Council's work known and of investigating and
assessing the needs and development of the arts in the County.
(3) The Council may establish such working committees of
Council members as it deems appropriate to carry out its purposes,
objectives, duties and powers.
(II) The Council may convene such advisory panels and may
consult with such advisors and experts as it deems necessary and
appropriate for carrying out its objectives, duties and powers.
('5) The Council shall formulate and publish rules and
regulations setting forth the criteria pursuant to which its
financial aid is given, and such other rules regarding its
activities as it deems appropriate.
(6) The council shall annually file with the Board of County
Commissioners a report summarizing its activities conducted
during the preceding year and setting forth such recommendations,
including recommendations with respect to present or proposed
legislations, concerning State encouragement and support of the
arts as it considers appropriate. The Council's annual report,
and such other reports as it deems appropriate, shall be made
available to the public.
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Section 8. Public purpose -- This ordinance, being
for a public purpose and for the welfare of the citizens of Monroe
County, Florida, shall be liberally construed to effect the purposes
hereof.
Section 9. If any section, subsection, sentence,
clause or provision of this ordinance is held invalid, the remainder
of this ordinance shall not be affected by such invalidity.
Section 10. It is the intention of the Board of County
Commissioners and it is hereby ordained that the provisions of
this ordinance shall become and be made a part of the Code of
Monroe County, Flor~da. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the
word "ordinance" may be changed to "section," "article," or other
appropirate words.
Section 11. This ordinance shall take effect upon receipt
of the official acknowledgement from the Department of State
acknowledging receipt of certified copy of this ordinance and that
said ordinance has been filed in said office.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
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By d~:(t~~
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(SEAL)
Att"et'--__. ~
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Clerk ./
April 22, 1980
ADOPTED:
FILED WITH DEPARTMENT OF STATE:
April 28, 1980
EFFECTIVE:
rY\"'y -4J 1io
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that
on 'ruesday, April 22, 1980, at 10:00 a.m. at the Commission
Conference Room, Fleming Street, Key West, Florida, the Board
of County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County Ordinance:
ORDINANCE NO.
-1980
ORDINANCE ESTABLISHING METROPOLITAN MONROE
COUNTY COUNCIL OF ARTS AND SCIENCES;PROVIDING
DEFINITIONS; ESTABLISHING QUALIFICATIONS FOR
MEMBERSHIP; PROVIDING FOR THE ELECTION OF
OFFICERS; PROVIDING FOR AN EXEUCTIVE DIRECTOR;
SETTING FORTH POWERS; PROVIDING FOR MEETINGS,
COMMITTEES AND RULES; PROVIDING A FINDING OF
PUBLIC PURPOSE; PROVIDING SEVERABILITY;
PROVIDING INCLUSION IN THE CODE; AND PROVIDING
AN EFFECTIVE DATE.
Dated at Key West, Florida, this
day of March,
1980.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the
Board of County Commissioners
o Monroe County, Florida
(SEAL)
Publish: March 31, 1980
300
PROOF OF PUBLICATION
• , 1r 'Kett rst (llitizrit
Published Daily
Key West, Monroe County, Florida
STATE OF FLORIDA)
COUNTY OF MONROE) ss.
Before the undersigned authority personally appeared
AqP.0.4tto , who on oath says that he is
.112.111kger , of the Key West Citizen, a
daily newspaper published at Key West in Monroe County, Florida;
that the attached copy of advertisement, being a, Notice of
Intention to Consider Adoption of County Ordinance.
in the matter of
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LAddrewoudaa.f .,,u-
tek rcl 477 FYYNk
=:1 -ONGERN
that• TuallIgelloday, • II9SOt .•}
'0:80 1:101LED the Coirumission
Cantecenco''Room,.-Fleming
i Street; Key:West, Florida,-the
Board of County,Cornmissioners of
i Monroe County,,FJorida,.Intends:,
1-to consider,the adoption.,of the :
following County Ordinance• .: ;
, ORRINANCE NO.
ORDINANCE.''ESTAILISHING
METROPOLITAN MONROE
'...COUNTY COUNCIL ARTS
AND -SCIENCES; PROVIDING
DEFINITIONS; ESTABLISHING
QUALIFICATIONS FOR
MEMEERSHIPL,PROVIDING
FOR THE ELECTION -OF OF
FICERSt PROVIDING FOR AN
EXECUTIVE DIRECTOR;
SETTING FORTH POWERS;
PROVIDING FOR,MEETINGS,
VONIMITTEWAND RULES;
PROVIDING A FINDING'OF
.431.1111-1C-, ...PU,RPOSE";
•PROVIDING SEVERABILITT; :
PROVIC1NI3''INCLUSION IN.
THE:COM AND PROVIDING
!,AN:EFFECTIVE DATE.
Dates at Key West,Florldisxlay
was published in slf Of March,19110.R,AL:
PH.W.WHITE , the issues of March 31,1980.
:Clerk of the :
Circuit Courtof
. • Monroe County,'FlorIda,
ex officio Clerk
: 01`the'Roardof
Affiant furth ':. ,Counnty mmissioners
i.:40unri,p16,4(1-... . said The Key West Citizen is a
EL.
newspaper publishe /March 31, W
L. said Monroe county, Florida,
and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each day (except
Saturdays) and has been entered as second class mail matter at the
post office in Key West, in said Monr6e• County, Florida, for a
period of one year next preceeding the first publication of the
attached copy of advertisement; and affiant further says that he ha
neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
qt!Eq:ic s I..AI r.A•kai•
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hs ;PN EANKES.Mo.10,198)3
d'[? !Cp, UNDERWRIIERS
. SEAL)
-- - ----- : -Sworntoandsubscribed before me this
day „ ,A.D. 1980'
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~ctrdaB! af ~tatc
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488.3880
GEOR(;E FIRESTO"f:
SECRETARY OF STATE
May 1, 1980
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
~. Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
April 28, 1980
Monroe
99 9
2. Receipt of
relative to:
County Ordinance/s
(al
which we have numbered
(bl
which we have numbered
~~ We have filed this/~eae Ordinance/s in this office
May 1, 1980.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
~
( ro.) ~Kav.n.U9h
hief, ~~uKOf Laws
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NK/ mb
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