§ 2-296. 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 article, 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 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, arts institutions, local arts interests, and community organizations sponsoring arts 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 purpose of this article, and to lease or rent all or any part thereof and to 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 notice, bids 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 on or in any of the cultural facilities of the Council, subject to reasonable public notice, bids and hearing.

(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 article, 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 instrumentality thereof, or with any municipality, district, private corporation, copartnership, 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 (3) qualified persons for each vacancy that occurs on the Council that will be filled by the Board of County Commissioners.

(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 interests of the arts and sciences and the people of Miami-Dade County.

(14)

To request and obtain such assistance, services, and information from other governmental agencies or entities as will enable the Council to properly carry out its objectives under this article.

(15)

To do all acts or things necessary or convenient to carry out the powers expressly granted in this article.

(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.

(18)

To recommend certain grant awards to be made final by the County Manager without further action of the Board of County Commissioners.

(a)

The Council may by this method recommend grant awards subject to the following:

(i)

Grantees shall be nonprofit corporations or, notwithstanding the provisions of Section 2-10 herein, units of local or State government;

(ii)

The Council may recommend up to three thousand nine hundred ninety-nine dollars ($9,999.00) in one (1) fiscal year to each grantee;

(iii)

The Council shall recommend grant awards by a method that recognizes the cultural and ethnic diversity of this community; and

(iv)

Each grant shall be for the purpose of enhancing cultural and community activities within Miami-Dade County, to assist in the creation of a nurturing climate for artists and Miami-Dade County audiences, to enhance the quality of life in Miami-Dade County for residents and visitors and to make Miami-Dade County a better place in which to live, work and visit.

(b)

All recommended grant awards shall be reviewed by the County Attorney and approved as to form and legal sufficiency prior to award.

(c)

Approval of any proposed grant that fails to meet any of the conditions of paragraph (18)(a) or (b) can only be accomplished by the Board of County Commissioners.

(d)

The Council shall furnish a report to the culture and recreation committee no less frequently than monthly listing all grants awarded under this subsection (18).

(Ord. No. 76-34, § 6, 4-20-76; Ord. No. 89-94, § 1, 9-26-89; Ord. No. 89-106, § 2, 11-7-89)

Annotations— CAO's 78-3, 78-23.