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Res 26-03RESOLUTION NO. 26-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING AN IMPLEMENTATION COMMITTEE FOR THE PURPOSE OF CREATING A NOT-FOR-PROFIT CORPORATION AND OUTLINING PROCEDURES NECESSARY TO IMPLEMENT THE CITY PUBLIC ARTS ORDINANCE. WHERF. AS, the City Commission established a Public Arts Task Force for the purpose of recommending methods of incorporating art into future development projects within the City of Delray Beach; and WHEREAS, that Public Arts Task Force has completed the directive and presented a final draft of an ordinance which will accomplish the directive given them by the City Commission; and WHEREAS, a Public Arts Implementation Committee shall be appointed in order to form the not-for-profit corporation as set forth in the public arts ordinance; and WHEREAS, the Public Arts Implementation Committee membership shall include Glerm Weiss, Nancy Davila, Joan Goldberg and Rich McGloin. In addition, five (5) members shall be appointed by the City Commission and should include 3 laypersons, an accountant and a legal professional. The Mayor shall appoint a chairperson from the membership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there hereby is established a Public Arts Implementation Committee to assist in the development of the procedures necessary to operate under the Public Arts Ordinance. Section 2. That the Public Arts Implementation Committee establish a Not-For-Profit corporation and apply for 501(c)3 status with the Internal Revenue Service. Section 3. The Public Arts Implementation Committee membership shall include Glenn Weiss, Nancy Davila, Joan Goldberg and Rich McGloin. In addition, five (5) members shall be appointed by the City Commission and should include 3 lay-persons, an accountant and a legal professional. The Mayor shall appoint a chairperson from the membership. Section 4. That the City establish the Public Arts Trust Account. Section 5. That the Public Arts Trust Account be funded in the fiscal year 2003 budget with Twenty Thousand Dollars ($20,000.00) to be used for startup expenses for the Not-For-Profit Corporation. This $20,000.00 payment shall be deemed an advance on art fees and shall be subtracted from art fees to be received from the City during fiscal year 2004. All expenses must be approved by the City Manager. Section 6. That the Public Arts Implementation Committee work with City staff on the contract between the City and the not-for-profit corporation, the application processing procedures, revisions to the Land Use Regulations and other procedures as necessary. Section 7. The Public Arts Implementation Committee shall immediately pursue its assigned task with a target date of accomplishing said task by October 1, 2003. Section 8. The Public Arts Implementation Committee shall sunset upon the discharge of its assigned task or by October 1, 2003, whichever is earlier, unless otherwise extended by the City Commission. PASSED AND ADOPTED this the /O- day of (/~_~ ,2003. ATIEST: City Clerk 2 U.ES. NO. 26-03 [ITY OF DELRI:I¥ BEI:IEH CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 1993 DATE: April 11, 2003 Wdter's Direct Line 561/243-7091 MEMORANDUM TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Public Arts Implementation Committee Based on the direction staff received at the workshop meeting of April 8, 2003, our office has prepared this resolution that forms the Public Arts Implementation Committee. This Committee shall establish the not-for-profit corporation as well as work with City Staff to draft the necessary documents and changes to any ordinances needed for the not-for-profit corporation to fulfill its duties under the ordinance once it is adopted by the Commission. The Committee shall consist of Glenn Weiss, Nancy Davila, Joan Goldberg and Rich McGIoin, in addition, the Commission shall appoint another 5 members, to consist of 3 laypersons, one accountant and a legal professional. The Mayor shall appoint the Chairperson. The Committee shall sunset by October 1, 2003, or sooner if they have completed their assigned tasks. This Resolution also provides that the City shall establish the Public Ads Trust Account depositing $20,000.00 during the 2003 fiscal year to be used for startup expenses for the Not-For-Profit Corporation. The $20,000.00 payment shall be deemed an advance on art fees to be paid by the City during the 2004 fiscal year. By copy of this memo to Robert Barcinski, our office requests that this item be placed on the April 15, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: Robed Barcinski, Asst. City Manager Barbara Garito, City Clerk Rich McGIoin RESOLUTION NO. 26-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING AN IMPLEMENTATION COMMITTEE FOR THE PURPOSE OF CREATING A NOT-FOR-PROFIT CORPORATION AND OUTLINING PROCEDURES NECESSARY TO IMPLEMENT THE CITY PUBLIC ARTS ORDINANCE. WHEREAS, the City Commission established a Public Arts Task Force for the purpose of recommending methods of incorporating art into future development projects within the City of Delray Beach; and WHEREAS, that Public Arts Task Force has completed the directive and presented a final draft of an ordinance which will accomplish the directive given them by the City Commission; and WHEREAS, a Public Arts Implementation Committee shall be appointed in order to form the not-for-profit corporation as set forth in the public arts ordinance; and WHEREAS, the Public Arts Implementation Committee membership shall include Glenn Weiss, Nancy Davila, Joan Goldberg and Rich McGIoin. In addition, five (5) members shall be appointed by the City Commission and should include 3 laypersons, an accountant and a legal professional. The Mayor shall appoint a chairperson from the membership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there hereby is established a Public Arts Implementation Committee to assist in the development of the procedures necessary to operate under the Public Arts Ordinance. Section 2. That the Public Arts Implementation Committee establish a Not-For-Profit corporation and apply for 501(c)3 status with the Internal Revenue Service. Section 3. The Public Arts Implementation Committee membership shall include Glenn Weiss, Nancy Davila, Joan Goldberg and Rich McGIoin. In addition, five (5) members shall be appointed by the City Commission and should include 3 laypersons, an accountant and a legal professional. The Mayor shall appoint a chairperson from the membership. Section 4. That the City establish the Public Arts Trust Account. Section 5. That the Public Arts Trust Account be funded in the fiscal year 2003 budget with Twenty Thousand Dollars ($20,000.00) to be used for startup expenses for the Not-For-Profit Corporation. This $20,000.00 payment shall be deemed an advance on art fees and shall be subtracted from art fees to be received from the City during fiscal year 2004. All expenses must be approved by the City Manager. Section 6. That the Public Arts Implementation Committee work with City staff on the contract between the City and the not-for-profit corporation, the application processing procedures, revisions to the Land Use Regulations and other procedures as necessary. Section 7. The Public Arts Implementation Committee shall immediately pursue its assigned task with a target date of accomplishing said task by October 1,2003. Section 8. The Public Arts Implementation Committee shall sunset upon the discharge of its assigned task or by October 1, 2003, whichever is earlier, unless otherwise extended by the City Commission. PASSED AND ADOPTED this ~day of ,2003. ATTEST: MAYOR City Clerk