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Code of Ordinances Amendment - Title 2 Arts and Cultural Affairs Advisory CommissionCopyright 2014 City of Dubuque ITEM# 6. ITEM TITLE: Code of Ordinances Amendment - Title 2 Arts and Cultural Affairs Advisory Commission SUMMARY: City Manager approval of an ordinance which repeals Title 2, Chapter 8 Arts and Cultural Affair Advisory Commission and adoption of a new Title 2, Chapter 8 which establishes the Arts and Cultural Affairs Advisory Commission and provides for the powers, operation, membership and meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 8 Arts and Cultural Affairs Advisory Commission and adopting a new Chapter 8 Arts and Cultural Affairs Advisory Commission in lieu thereof establishing the Arts and Cultural Affairs Advisory Commission and providing for the powers, operation, membership, and meetings SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Arts and Cultural Affairs Advisory Commission -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Ordinance Ordinance ❑ Suggested Motion Supporting Documentation Masterpiece on the Mississippi Dubuque 2007.2012 .2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commissions - Arts and Cultural Affairs Advisory Commission DATE: September 24, 2014 The City Attorney's Office and the City Clerk's Office have been working on updating the Boards and Commissions ordinances to make the standard provisions in all of the ordinances uniform and consistent. The Arts and Cultural Affairs Advisory Commission was originally established in May 1961. Assistant City Attorney Crenna Brumwell recommends City Council approval of an ordinance which repeals Title 2, Chapter 8 Arts and Cultural Affair Advisory Commission and adoption of a new Title 2, Chapter 8 which establishes the Arts and Cultural Affairs Advisory Commission and provides for the powers, operation, membership and meetings. I concur with the recommendation and respectfully request Mayor and City Council approval. II- Mic, al C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney Masterpece on the A? MEMORANDUM CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: September 19, 2014 RE: Boards and Commissions — Arts and Cultural Affairs Advisory Commission The City Attorneys Office, together with the City Clerk's Office and each individual department, have been working on updating the Boards and Commissions ordinances for the City of Dubuque. The goal is to make the standard provisions in all of the ordinances uniform and consistent. Attached please find a draft ordinance for the Arts and Cultural Affairs Advisory Commission, which was established in May 1961. For this ordinance, a new Title 2, Chapter 8 is adopted which establishes the Arts and Cultural Affairs Advisory Commission and provides for the powers, operation, membership, and meetings. I recommend that the ordinance be submitted to the City Council for consideration. Please let me know if you need further information. Thank you. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 59-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION AND ADOPTING A NEW CHAPTER 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 8 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION 2-8-1: COMMISSION CREATED: There is hereby created the Arts and Cultural Affairs Advisory Commission. 2-8-2: PURPOSE: The purpose of the commission is to build the community through arts and cultural programs by developing visibility, funding, audiences, information, and partnerships. The commission plans, promotes, and encourages programs to further public awareness of, accessibility to, participation in, and support for the artistic and cultural development of the city and makes recommendations to the city council regarding the establishment of arts and cultural policies and programs, the expenditure of budgeted funds on arts and cultural activities, and the implementation of programs. 2-8-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-8-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-8-5: MEMBERSHIP: A. The commission comprises seven (7) residents of the city, appointed by the city council. B. Special Qualifications: 1. Four (4) members must have significant knowledge and demonstrate interest in one or more areas of the arts including music, dance, literature, visual arts, theater, folk arts, media arts, design, or arts education. 2. Two (2) members must be from the business and professional community, one (1) of whom lives or works in the cultural and entertainment district. 3. One (1) member must be at -large who lives or works outside the cultural and entertainment district. 2-8-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-8-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-8-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. 2-8-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice -chairperson, each to serve a term of one (1) year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-8-10: MEETINGS: A. Regular Meetings: The commission must meet on the fourth (4th) Tuesday of each month. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2-8-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. 2-8-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after a public hearing. 2-8-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To promote, educate, and create awareness for arts and cultural activities; B. To develop and increase the market for arts and cultural activities; C. To facilitate and convene partnerships for arts and cultural activities; D. To develop funding options and allocate budgeted funding for arts and cultural activities; E. To act in an advisory capacity to the city council in all matters pertaining to the arts and cultural environment; F. To make recommendations to the city council on the allocation of budgeted city funding for arts programs and services; G. To recommend applications and solicitations for grants, gifts, and donations from individuals, groups, organizations, and agencies, both private and public, for any purpose consistent with the purposes of the commission; H. To make recommendations regarding city sponsorship of public programs to further the development of public awareness of and accessibility to arts and culture programs and activities; To work with area organizations on broad community issues in which a cultural perspective is relevant and desirable; and J. To engage in comprehensive planning for the cultural development of the city. 2-8-14: COOPERATION WITH OTHER AGENCIES: The commission cooperates with other arts and culture groups interested in the promotion and implementation of arts and cultural activities which are in the best interest of the city. 2-8-15: SOLICITATION AND ACCEPTANCE OF DONATIONS: The commission may solicit and otherwise accept donations and gifts of money, personal and real property, and personal services on behalf of the city. All such donations and gifts received become the property of the city for the general use or support of arts and cultural programs as determined by the city council unless such items have been designated by the donor for specific purposes. Section 2. Nothing herein effects the term of any person serving as a member of the commission as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 6th day of»ctober, 2014. kti d Roy D. Buq Mayor Attest: Kevin' Firns ahl, tifrCi STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 10, 2014, and for which the charge is $81.10. sLPP Subscribed to before me,a Notary Public in and for Dubuque County, Iowa, this /® day of , 20 /0 - Notary Public in and for Dubuque County, Iowa. WESTER EY i on Number 154E185 Exp, FEB, 1, 2017 OFFICIAL I 2-8-5: MEMBERSHIP,: PUBLICATION A. The commission ORDINANCE NO' 59-14' 1 comprises seven • (7)--;. AMENDING. CITY OF 1 residents ,of the: city,'' DUBUQUE CODE ,OF appointed by the city i ORDINANCES TITLE council. - BOARDS'+ AND COM- B. ,Special (Qualifica MISSIONS BY :RE* tions - - PEALING :CHAPTER `8 1. Four (4) members i ARTS AND CULTURAL must have significant AFFAIRS ADVISORY- knowledge': and demon COMMISSION AND ADOPTING CHAPTER 8 ARTS AND" CULTURAL AF- FAIRS ' " ADVISORY COMMISSION IN LIEU THEREOF. ESTABLISH- ING THE ARTS' AND CULTURAL "AFFAIRS ADVISORY COMMIS SION AND 'PROMO- - INGFORTHE. POW„ ERS, ` - ' OPERATION,. MEMBERSHIP, ;AND MEETINGS - NOW, THEREFORE,; BE.'IT ORDAINED B,YLS THE CITY ,COUNCIL OFC°THE"CITY OF: DU' BUQUE, IOWA: Section 1. Title 2, Chapter 8'of the City of Dubuque Code of Ordi- strata, interest in one A' NEW or, •more areas of •the; arts' including music, - dance, literature, visu- al arts,,, theater,. folk arts,, media: arts de,- sign, or arts education. 2. Two (2) members must be from the busi- ness and professional community, one (1) of whom lives or works in the cultural and enter- tainment district. 3. One (1) member must be at -large who lives or works outside the cultural and, enterenter- tainment district. , 2-8-6:OATH: Each person, upon ,ap. pointment •• or 'reap- pointment is hereby re pointment to the com- mission, must execute pealed and the follow- an oath of office at the ing ,' adopted in •lieu first meeting . of 'the thereof:,- ; i commissions following. Chapter 8." ,nn " ARTS AND CULTURAL _ atheppointmeappointmet ort at;thorree AFFAIRS ADVISORY •s.;offany ,COMMISSION • timecity,pclerknor�to theice first" 28.1:° COMMISSION meetiligo of the cbm- CREATED: • mission. " There is hereby creat, 2-g 7 TERMS ed the Arts and Cultur- , The term of office for al .'Affairs Advisory missioners is three Commission. ' (3) years or until such 2-8-2: PURPOSE: commissioner's suc- The purpose of the cessor is appointed commission is to build and qualified. • " the community 2-8-8: VACANCIES: through arts and. -cul vacancies must be fil tural :programs by de' led in the same manner veloping visibility, as original: appoint funding; audiences, in mentis formation, - and ;"'part •' 2-8-9: OFFICERS/OR- nerships The commis-,.. GANIZATION:. , sion plans, prbmotes; Th commissioners and encourages pro-• • h nnuah rams to further Ublic I mt •e oose a, _y 9 p a:chusairperson and vice- aWarehess of,,accessi- I chairperson, each to bility to, participation serve a terra of one (1) in,,and support for;the year, The,; chairperson artistic and cultural de- Must appoint a:secre velopment of the • city tart' who need not:be a and. makes recommen- member' of the corn dations to thea city miss• 1c3h.;The commis council regarding they i sioners 'Most fill a. va establishment pf arts I ca'ncy among its offs and cultural policies' cers for the remainder and programs, the ex- of• the officer's penditure .of -budgeted I unexpired term. funds on arts and cul 2-8-10: MEETINGS: tural"activities, and the"" A. Regular. Meetings: implementation of pro The commission must grams. meet on the fourth 2-8-3: INTERNAL OR- ' (4th) Tuesday of each GANIZAT1ON ; 'AND month. - RULES:` D. Special Meetings: The commission may " special meetings may. adopt" rules and regula- be called by the chair - tions to govern its- or- , -Person-or at the writ ganizatiopal ., its ten request of a majora dures as may be;neces- ty of the •commission sary-and which are not 'ers in r conflict ,•with • this .I . C Open Meetings: -All Codt of Ordinances or meetings. must he thelowa2-8-4: =Code. calledormaiand ceswith.;the.lo-held in con - PROCEDURES' f' FOR OPERATION wa Open Meetings. All administrative ' Law, personnel accounting, I D. Attendance budgetary, and pro- 1 In the event a corn_ -policies ofmissioner has been ab - the city govern the' sent for thre„ (3) or corhmission in, ail its- more . , consecutive operations. meetings, of.the com- mission, witnout being excused by the chair- person, such absence will be -grounds for the commission to recom- mend to the city coun- I cil that the position be declared vacant and a replacement ed, appoint- - 2. -Attendance must be entered, upon the,mi- nutes of all meetings. E. Minutes: A;