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O01-64ORDINANCE NO. 01-(oq AN ORDINANCE OF THE CITY COMMISSION OF 'THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, CREATING A NEW ARTICLE IX, OF THE CODE OF ORDINANCES TO PROVIDE FOR THE CREATION AND ESTABLISHMENT OF THE BOYNTON BEACH ARTS COMMISSION; PROVIDING FOR THE PURPOSE AND DUTIES OF THE ARTS COMMISSION; PROVIDING FOR THE ORGANIZATION OF THE ARTS COMMISSION; PROVIDING FOR MEETINGS OF THE ARTS COMMISSION; PROVI'DING FOR THE POWERS; PROVIDING FOR CONFLICTS, SEYERABILITY, CODIFICAT ON AND AN EFFECTIVE DATE. WHEREAS, a Strategic Initiative Team has advised that establishing an Arts Commission would assist in the development of a Community Identity of the City; and WHEREAS, the City Commission of the City of Boynton Beach deems to be in the best interests of the general welfare of the citizens of Boynton each to provide this public service to the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Part I, Chapter 2, Article IX, is hereby created as follows: ARTICLE IX. BOYNTON BEACH ARTS COMMISSION Sec. 2-154 Creation of Commission. The city commission, in accordance with the powers vested in it, hereby creates and establishes the Boynton Beach Arts Commission, hereinafter referred to as the "arts commission". Sec. 2-155 Purpose and Duties (a) The purpose of the arts commission is to advise the City Commission on matters related to the arts, to develop a plan and programs to promote and support art in public places, and to recommend guidelines and funding for implementation, (b) It shall be the duty of the arts commission to act as an Advisory Board to the City Commission in providing advice on matters relating to the visual arts. (c) The arts commission may develop a public art plan and program for the city. (d) The arts commission may recommend funding sources including private sources and grant funds; encourage public and private partnerships in the arts; review and make recommendations on proposals for art work for public buildings and public spaces; encourage the flow of art into the city; stimulate art related activities and events; study issues related to art and implement art programs as delegated to it by the City Commission from time to time. (e) The arts commission shall periodically advise the city commission of its findings or proposals with respect to the foregoing issues and make recommendations to the city commission on any matter referred to it within as much time prescribed by the city commission. Sec. 2-156 Organization. (a) The Arts Commission shall consist of seven (7) regular members and two (2) alternate members and serve at the pleasure of the City Commission. (b) All members of the Arts Commission shall be appointed by the City Commission for three-year staggered terms. The two (2) alternate members shall be appointed to one-year terms. All members may be reappointed at the pleasure of the city commission at the termination of their appointment, with no limit as to the number of terms they may serve. (c) Appointees to the Arts Commission shal be citizens or business owners preferably with the following background: Artist, art volunteer/activist; planner; private developer; architect; neighborhood association member; interested citizen. (d) At the organizational meeting of the arts commission a chairperson and vice-chairperson shall be selected by majority vote of the arts commmsion, The chairperson and vice-chairperson shall be selected annually at the anniversary of the first meeting of the arts commission, or at the November meeting of the arts commission Sec. 2-157 Meetings. The Arts Commission shall meet at an appropriate place and shall arrange a time for holding regular meetings of the arts commission, and for such other meetings as shall be necessary, and it may add to such rules of organization, regulation and procedure as it ma'/deem necessary and determine the duties of its members and officers. Other specifications for conducting meetings, such as the number needed for a quorum, shall be in conformance with Section 166.041 (4), Florida Statutes, Sec. 2-158 Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegation to the arts commission of any of the authority or discretionary powers vested and imposed by law in the city commmsion, The city commmsion declares that public interest, convenience and welfare required the appointment of the arts commission to act in a purely advisory capacity to the city commission for the purposes set forth in this article. Any power delegated here to the arts commission to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of legislative authority. Section 2. All ordinances or parts of ordinances n conflict herewith ~e and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or )ortion hereof, any paragraph, sentence or word be declared by a court of )mpetent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Section 5. passage. FIRST READING this (8 SECOND, FINAL READING AND PASSAGE ,2002. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon day of ~-m~O01. this day of ~'TTEST: 121001 4