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Ordinance No. 5-25-71ORDINANCE NO. 5-25-71 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING PORTIONS OF PREVIOUS RESOLUTIONS REGARDING THE CREATION OF THE ARTS, RECREATION, AND CULTURE COMMITTEE; CHANGING THE TITLE OF CHAPTER 5 TO BEACHES, PARKS AND RECREATION WITH THE PURPOSE OF ESTABLISHING PROVISIONS GOVERNING THE ARTS, RECREATION, AND CULTURE COMMITTEE INCLUDING: PURPOSE; MEMBERSHIP; TERMS OF MEMBERSHIP; FILLING OF VACANCIES; REMOVAL OF MEMBERS; DUTIES AND RESPONSIBILITIES; CITY STAFF ADMINISTRATIVE SUPPORT; PROCEDURES AND RULES; ORGANIZATION OF OFFICERS AND LIABILITY TO CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution No. 02-13 creating a Cultural Arts and Recreation Advisory Committee (CARAC); and WHEREAS, the provisions of Resolution No. 02-13 were amended by Resolutions 03-05, 10-08, 18-32, 18-51, 19-68, and those Resolutions were repealed by Resolution No. 22-52, except for provisions of Resolution No. 18-32, 18-51 and 19-68 pertaining to the Teen Council; and the committee was renamed the Arts, Recreation, and Culture Committee; and WHEREAS, the City Commission desires to codify the establishment of the Arts Recreation, and Culture Committee by ordinance and provide for board and committee standardization. NOW, THEREFORE, BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Purpose and Intent. The purpose and intent of this Ordinance are to standardize city boards and committees to improve efficiency and productivity. SECTION 2. Repeal of Resolution No. 22-52. The City Commission hereby repeals all provisions of Resolution No. 22-52; provided, however, the following provisions of Resolution Numbers 18-32, 18-51 and 19-68, pertaining to the Teen Council are expressly retained: Section 2 of Resolution No. 18-32, as modified in Section 2 of Resolution No. 18- 51 and as further modified in Section 2 of Resolution No. 19-68, provided all references to CARAC in each said Sections 2 shall henceforth mean the Arts, Recreation, and Culture Committee. SECTION 3. Amend and New Article. Amend the title of Chapter 5 from to Beaches, Parks, and Recreation creating a new Article V, Recreation, Sections 5-40 thru 5-44 of the Code of Ordinances is hereby amended as follows: ARTICLE V. - ARTS, RECREATION. AND CULTURE COMMITTEE Sec. 5-40. - Purpose. The purpose of the Arts, Recreation. and Culture Committee (ARCC) is to propose, Dlan, promote and review artistic. recreational and cultural programs. exhibits, events. and projects for the citizens of Atlantic Beach; and to make recommendations pertaining to programming in and stewardship of active parks. The Committee is advisory only and exists for the purpose of providing advice related to arts. recreation, and culture to the City Commission regarding the most efficient and effective ways to spend limited tax dollars for the maximum benefit of the community. The Committee shall propose a diverse variety of activities related to arts. sports and leisure, culture. education. history, enrichment, and social engagement to benefit citizens in all areas of Atlantic Beach. Sec. 5-41. - Duties and responsibilities. (a) The Arts. Recreation. and Culture Committee shall provide guidance, support, and suggest priorities and projects to the City Commission and City Manager. The City Commission will have an annual ioint Commission and ARCC workshop to discuss the committee's priorities, suggested projects, and annual workplan. The City Commission will prioritize the committee's work plan related to these recommendations: art, sports and leisure, culture, education. and history programs; programs related to the Citv's artistic, recreational and cultural grant program; youth leadership program(s); calendar of events, matters of communication, equity and gaps in programming and accessibility; community center needs; and special projects as requested bv staff or the City Commission. The City Commission will prioritize the committee's work plan related to these recommendations. (b) The Committee performs a key role in the City's annual artistic. recreational, and cultural grant program bv: proposing grant program guidelines to the City Commission; reviewing grant applications; and providing advice regarding grant awards annually to the City Commission based on approved grant program guidelines, City Commission priorities and the needs of the community and community center programs. Ordinance No. 5-25-71 Page 2 of 6 (c) The Committee shall review requests for City funding for artistic, recreational and cultural programs, events, and projects. and advise the City Commission as to which are in line with City Commission priorities. (d) The Committee shall perform a key role by reviewing and advising the City Manager or his/her designee and/or the City Commission on the inventory of programs, special events, and youth leadership program(s) administered by the City, their effectiveness, and the budget to support them, in line with Commission priorities. (e) The Committee may be asked to advise the City Commission on any new recreation facilities under consideration by the City Commission, in line with City Commission priorities. (f) The Committee shall request and review a report of activities from the directors of the City's community centers to the Committee at least annually. (g) The Committee shall provide a report of its activities to the City Commission at least twice yearly. All advisory positions and statements of the Committee shall be adopted via official action of the Committee and shall be provided to the City Commission by City staff or the Committee Chair (or his/her designee) for review. Sec. 5-42. - City staff administrative support. (a) Staff will be assigned by the City Manager or designee to provide technical and administrative support. Staff will assist the Committee by preparing budgets, proper notice and minutes of meetings. and other administrative and technical services. as needed. The minutes will be filed in the City Clerk's office. (b) Staff will be responsible for the collection and expenditure of any City funds in accordance with purchasing guidelines. Sec. 5-43. - Membership. terms. appointments, geographic requirements. composition. (a) Membership. The committee shall consist of nine (9) members. The majority of filled seats of the committee shall constitute a quorum. Regardless of the number of committee members in attendance, it shall take an action of the majority of the seats filled in the affirmative to pass or fail an item. No member of the committee shall hold any other public office in violation of Article II Section 5(a), Florida Constitution. Ordinance No. 5-25-71 Page 3 of 6 (b) Terms. All members shall serve three-vear terms. Members shall not serve more than three (3) consecutive three-year terms on the committee. All terms shall expire on December 31 of the proper year, provided, however, that members whose terms expire shall continue to serve until replacement appointments are effective. Any committee member who wishes to resign should submit a letter of resignation to the chairman and city clerk. Anv vacancy during the unexpired term of an appointed member shall be filled for the remainder of the term. Should the length of the unexpired term be less than one (1) year, then such appointment shall not count towards the maximum number of consecutive terms. (c) Appointments. Committee members shall be recommended by the board members review committee and shall be approved by commission. (d) Geographic reauirements. There shall be at least one (1) member representing each city district on the Committee. Each committee member must be a full-time resident of the city or own real property in the city. For the purpose of this section, full time residency shall be defined as the person's principal place of abode. Anv member must immediately notify the city manager, city clerk, and chair in writing upon no longer meeting the membership qualifications. (e) Composition. To the extent possible, committee members should demonstrate at least one (1) of the following skills, experience, expertise, educational background or interests: (1) Experience in the arts, such as art history, architecture, design or park design (2) Experience in promoting or designing cultural activities (3) Experience in promoting or designing recreational activities (4) Experience in community engagement, such as public arts projects or community outreach (5) Experience with activities, programs, or events related to arts, culture, recreation, education, history, and other content under the scope of ARCC as designated by this ordinance; or with design, planning, implementation, promotion, or evaluation of such activities, programs, or events. (f) Procedures and Rules; Organization of Officers. (1.) The Committee shall schedule no more than two (2) monthly meetings in the City Commission Chamber or other public venues. Ordinance No. 5-25-71 Page 4 of 6 (2.) Special meetings may be called by the city manager or designee, with at least a forty-eight (48) hour public notice. (3) All meetings of the Committee shall be properly noticed and open to the public. (4) The Committee and each member shall comply with the Florida Government in the Sunshine Law, Florida Code of Ethics for Public Officers and Employees. Florida Public Records Law, and related provisions of the City's Code of Ordinances and applicable resolutions, as may be amended from time to time. (5) The Committee shall elect a chair and vice chair at the regularly scheduled meeting in January each year. (6) In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the citv's Charter. Code, or other city ordinances, shall be the rules of this Committee. (7) The Committee shall not create subcommittees. (g) Removal of members. Anv member on the committee may be removed for cause by the city commission upon written charges and after public meeting. Anv member who fails to attend three (3) ARCC meetings in three (3) consecutive months without prior notice to the director of planning and community development or his/her designee and without reasonable cause shall have their seat declared vacant by the committee. The vacancy shall be promptly reported to the city clerk and filled by the city commission. Sec. 5-44. Liability to City. The City Commission shall consider the advisory statements for funding of events proposed by the Committee. but nothing in this section or otherwise shall be construed as authorizing or empowering the Committee to impose any liability of any nature, financial or otherwise, upon the City, without City approval. SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. Ordinance No. 5-25-71 Page 5 of 6 SECTION 5. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6. Scrivener's errors. Staff or the publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code Corporation (www.municode.com) is hereby directed to incorporate the revised and amended Code provisions provided herein into the City's Code of Ordinances. Sections of Chapter 23 may be re -numbered or re -lettered and scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical errors which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing, by filing a corrected or re -codified copy of the same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall take effect immediately upon its passage and adoption. PASSED by the City Commission on first reading this 10th day of February, 2025. PASSED by the City Commission on second and final reading this 27th day of May, 2025. Attest: /4,1,,,,, .P,44a4.z Donna L. Bartle, City Clerk Approved as to form and correctness: Jas riel City Attorney Ordinance No. 5-25-71 Curtis Ford, Mayor Page 6 of 6