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O-2022-07Ord. No. 2022-07 Page 1 of 15 ORDINANCE NO. 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF 3 MIAMI SHORES VILLAGE, FLORIDA, AMENDING 4 THE VILLAGE CODE OF ORDINANCES BY 5 CREATING CHAPTER 24, “ART IN PUBLIC 6 PLACES” ARTICLE I, “ART IN PUBLIC PLACES 7 PROGRAM,” SECTIONS 24-1 THROUGH 24-13 TO 8 PROVIDE REGULATIONS FOR THE ART IN 9 PUBLIC PLACES PROGRAM; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR INCLUSION IN 11 THE CODE; PROVIDING FOR CONFLICTS; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 WHEREAS, various local governments throughout Florida have implemented 14 public art programs committing to the placement of public art in urban environments; 15 and 16 WHEREAS, Miami Shores Village (the “Village”) Council has recognized that a 17 superior and diverse aesthetic character of a community’s built environment is vital to 18 the Village citizens’ quality of life and to the economic success of its businesses, 19 creates an attraction for visitors, and assists the Village in fulfilling its mission to make 20 the Village one of the premier communities in Florida to live, work, and raise a family; 21 and 22 WHEREAS, pursuant to Resolution No. 767-84, the Village Council created the 23 Fines Arts Commission (the “FAC”) for the purpose of promoting the fine arts; and 24 WHEREAS, the FAC has curatorial responsibilities for selecting, acquiring, 25 commissioning, and exhibiting new public artworks in public spaces throughout the 26 Village; and 27 2022-07 WHEREAS, at its October 2, 2007 meeting, the Village Council established the 28 Art in Public Places program to contribute to the aesthetic character of the built 29 environment and the cultural enrichment of the community; and 30 WHEREAS, the Art In Public Places Program creates a stimulating cultural 31 environment that reflects and enhances the Village’s heritage, diversity, and character 32 through public artworks integrated in the architecture, infrastructure and landscape; and 33 WHEREAS, the Art in Public Places program allows the public to encounter the 34 arts daily while visiting museums, galleries, or special shows; and 35 WHEREAS, the Art in Public Places strengthens the Village’s cultural influence in 36 the internationally-recognized greater South Florida arts community; and 37 WHEREAS, in carrying out the Art In Public Places Program, the FAC will 38 consider the Village’s character and identity when selecting new locations for public art, 39 and create new opportunities for the public to experience public art, from, preferably, the 40 best artists in South Florida for the benefit of the Village’s residents and visitors; and 41 WHEREAS, the FAC will select artworks that maintain the Village’s character 42 and charm, and reflect South Florida’s cultural diversity; and 43 WHEREAS, public and private development shall contribute to the Art in Public 44 Places program to enhance and maintain the Village’s aesthetic character; and 45 WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the U.S. 46 Supreme Court previously held that land development regulations which require 47 development to meet aesthetic conditions have been generally found to be supported 48 by a legitimate public purpose; and 49 WHEREAS, in Ehrlich v. City of Culver City, 911 P.2d 429 (Cal. 1996), the 50 California Supreme Court held that an art fee on private development is a legitimate 51 aesthetic regulation which does not require the same level of legal scrutiny as an impact 52 fee; and 53 WHEREAS, the Village Council desires to create Chapter 24, “Art in Public 54 Places,” Article I, “Art In Public Places Program,” Sections 24-1 through 24-13 to codify 55 the FAC’s role and duties, provide for regulations to carry out the Art in Public Places 56 Program, and further enhance the quality of life in the Village through artistic 57 opportunities to create a cultural legacy for future generations through the collection and 58 exhibition of high-quality art pieces that reflect diverse styles, chronicling history through 59 the collection of artifacts, documents and memorabilia that will acknowledge the past 60 and create programs and activities that will further these goals; and 61 WHEREAS, the public art requirements found in this Article are design standards 62 based on the aesthetic needs of the community and are not intended to be either an 63 impact fee or a tax; and 64 WHEREAS, the Village Council has reviewed this Ordinance at a duly noticed 65 hearing and determined that it is consistent with the Village’s comprehensive plan; and 66 WHEREAS, the Village Council hereby finds that the adoption of this Ordinance 67 is in the best interest and welfare of the residents of the Village; and 68 WHEREAS, the Village Council hereby finds and declares that adoption of this 69 Ordinance is necessary, appropriate, and advances the public interest. 70 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND VILLAGE 71 COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS:1 72 Section 1. Recitals Adopted. That each of the above stated recitals is 73 hereby confirmed, adopted, and incorporated herein and made a part hereof by 74 reference. 75 Section 2. Amendment to the Village Code. That Chapter 24, “Art in Public 76 Places,” Article I, “Art in Public Places Program,” Sections 24-1 through 24-13 of the 77 Code of Miami Shores Village, Florida, is hereby created to read as follows: 78 CHAPTER 24 – ART IN PUBLIC PLACES 79 Article I – Art in Public Places Program. 80 81 Sec. 24-1 – Intent and Purpose. 82 83 (a)This article shall be known and cited as the "Art in Public Places Program."84 (b)It is the intent and purpose of this article to further the commitment of the village85 to the aesthetic enrichment of the community through the creation of works of art 86 so that citizens and visitors of the village are afforded an opportunity to enjoy and 87 appreciate works of art. The requirements of this Section shall be construed to 88 promote the aesthetic values of the entire community and to encourage the 89 preservation and protection of works of art. The public art requirements found in 90 this article are development standards based upon the aesthetic needs of 91 the community and are not intended to be either an impact fee or a tax. 92 (c)It is the intent and purpose of this article to promote the general welfare by93 encouraging pride in the community, increasing property values, enhancing the 94 quality of life through artistic opportunities, uniting the community through shared 95 cultural experiences, and creating a cultural legacy for future generations through 96 the collection and exhibition of high-quality art that reflects diverse styles, 97 chronicling history through the collection of artifacts, documents and memorabilia 98 1 Strikethrough words are deletions to the existing text. Underlined words are additions to the existing text. Changes between first and second reading are indicated with highlighted double strikethrough and double underline. Changes made at second reading are indicated with highlighted double strikethrough and double underline that will acknowledge the past and create programs and activities that will further 99 these goals. 100 Sec. 24-2. - Definitions 101 For the purposes of this section, the following words and phrases shall have the 102 following meanings: 103 (a)Art means tangible creations by artists exhibiting the highest quality of skill and104 aesthetic principles and includes all forms of the visual arts conceived in any 105 medium, material, or combination thereof, including, but not limited to, paintings, 106 sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, 107 tapestries, murals, photographs, video projections, digital images, bas-relief, high 108 relief, fountains, kinetics, collages, drawings, monuments erected to 109 commemorate a person or an event, functional furnishings, such as artist 110 designed seating and pavers, architectural elements designed by an artist, and 111 artist designed landforms or landscape elements. The following shall not be 112 considered as art for purposes of this chapter: 113 (1)Reproductions or unlimited copies of original art.114 (2)Art objects which are mass-produced.115 (3)Works that are decorative, ornamental, or functional elements of the116 architecture or landscape design, except when commissioned from an artist117 as an integral aspect of a structure or site.118 (b)Art in Public Places Master Plan shall mean a plan adopted by the FAC, which119 shall identify locations for public art and establish a priority order, and which shall 120 be amended from time to time, to ensure a coherent program for dedication, 121 donations, and acquisition of public art, and program implementation guidelines. 122 The art in public places master plan shall be made available on the Village’s 123 website. 124 (c)Art in Public Places Program Guidelines shall mean a set of standards, criteria125 and policies related to the consideration of donations, dedication, and 126 acceptance of public art, and which shall be adopted by the FAC, and amended 127 from time to time. The guidelines shall govern the manner and method of the 128 submission of proposed art to the FAC, the process by which the FAC shall make 129 decisions and shall approve dedication, donations, and acquisition of public art to 130 fulfill the requirements of this article. The art in public places program guidelines 131 shall be made available on the Village’s website. 132 (d)Artist means a practitioner in the visual arts, generally recognized by critics and133 peers as a professional of serious intent and ability. Indications of a person's 134 status as an artist include, but are not limited to, income realized through the sole 135 commission of art, frequent or consistent art exhibitions, placement of art in 136 public institutions or museums, receipt of honors and awards, and training in the 137 arts. 138 (e)Building means any structure that encloses space and is used or built for the139 shelter or enclosure of persons, businesses, chattel or property. 140 (f)Developer means the owner, including its successor and assigns, of the subject 141 development project. 142 (g)Development project means multifamily, commercial, or mixed use development143 over 7,500 square feet in gross floor area development, including remodeling,144 construction, or redevelopment that requires a building permit or permits as145 described on the precise plan submitted to the village for approval. For purposes146 of this article, development projects shall include: private multifamily, commercial,147 or mixed use development over 20,000 square feet in gross floor area. When 148 construction is phased, the aggregate gross square footage of the entire project 149 or development shall be added together to determine whether the 20,000 7,500 150 10,000 square foot threshold is reached. 151 (h)Durable means lasting, enduring and highly resistant to deterioration due to152 weather or the passage of time. 153 (i)Fine Arts Commission ("FAC") means the entity created by the village council for154 the purpose of stimulating and initiating interest in art shows, concerts, and155 similar activities in the village and carry out the art in public places program.156 (j)Project cost means the total cost of the improvements, excluding land costs,157 approved for a development project, as indicated on the construction contract(s)158 for the subject improvements.159 (k)Public Art Fund means a separate, interest bearing set of accounts set up by the160 village to receive monies for the public art program. 161 (l)Public place means any interior area of village-owned property, or exterior area162 on public or private property within the village that is easily accessible or clearly163 visible to the general public from adjacent public property such as a street or164 other public thoroughfare or sidewalk.165 (m)Remodeling means any changes to the facade of a building, changes to the166 interior of a building, increases or decreases in the floor area of a building and 167 changes to exterior improvements. 168 Sec. 24-3. - Fine arts commission (FAC). 169 (a) FAC Established. Pursuant to resolution no. 767-84, the village council established170 the FAC. 171 (b)FAC Intent. It is the intent of the FAC to consider the village’s character and identity172 when choosing new locations to portray the work of artists for the village’s residents, 173 visitors, and travelers. It is the intent of the FAC that the artworks selected maintain 174 the village’s character and charm, and reflect South Florida’s cultural diversity. 175 It is the intent of the FAC that the APP strengthen the village’s cultural influence in 176 the internationally recognized greater South Florida arts community. 177 (c)FAC Membership. The village council shall recommend and appoint seven (7)178 members to the FAC. 179 The membership and composition of the FAC shall otherwise be as provided in 180 section 1-2.1 of the code and resolution no. 767- 84. 181 (d)Conflict of Interest. If any member of the FAC shall find that their private or personal 182 interests are involved in a matter coming before the FAC, the member shall 183 disqualify themselves from all participation in that matter. No member of the FAC 184 shall have their work of art considered or approved by the FAC during their term of 185 service on the FAC or for one (1) year thereafter. 186 Sec. 24-4. - Powers and duties of the FAC. 187 The FAC shall have the following powers and duties: 188 (a)Recommend approval and adoption of the art in public places guidelines and189 amendments thereto to the village council. 190 (b)Recommend approval and adoption of the art in public places master plan and191 amendments thereto to the village council. 192 (c)Approve and adopt expenditures of the public art fund of up to $10,000 per fiscal193 year. 194 (d)Approve, approve with conditions, or disapprove proposed installation dedication,195 or donation of art based on art in public places guidelines and the art in public 196 places master plan. 197 (e)Oversee the public education, and curatorial aspects of the arts in public places198 program. 199 (f)Act on any other related matter assigned by the village mayor, council, or village200 manager.201 202 Sec. 24-5. - Art in public places master plan and art in public places program 203 guidelines. 204 205 In coordination with the FAC, the recreation department shall prepare both the art in 206 public places master art plan and art in public places program guidelines, as defined in 207 this article. The art in public places master plan and art in public places program 208 guidelines shall be approved and adopted by the village council, after recommendation 209 from the FAC. The village council shall also review and approve amendments to the arts 210 in public places master plan and art in public places program guidelines, as desired or 211 proposed by the FAC or recreation department. Amendments to the arts in public places 212 master plan and art in public places program guidelines shall be reviewed and adopted 213 in the same manner as the initial arts in public places master plan and art in public 214 places program guidelines. 215 Sec. 24-6. - Art and artist selection criteria. 216 The village council, upon recommendation from the FAC, shall establish procedures 217 and selection criteria for selection and acquisition of art to be purchased from the 218 resources of the public art fund in accordance with the adopted art in public places 219 master plan and art in public places program guidelines, as may be amended from time 220 to time. Funds may be aggregated to acquire art. The FAC, village manager and village 221 attorney shall negotiate and execute appropriate contracts to acquire each approved 222 art. 223 Sec. 24-7. - Creation of the art in public places fund. 224 It is hereby created within the village a set of accounts to be known as the Miami 225 Shores Village Art in Public Places Fund (“public art fund”). The public art fund shall be 226 maintained by the village and shall be used solely for the acquisition, installation, 227 improvement, maintenance and insurance of art as follows: 228 (a) All funds received by the village pursuant to the art in public places program or 229 from endowments or gifts to the village designated for the arts shall be placed in 230 the public art fund. All funds shall be deposited, invested, accounted for and 231 expended as follows: 232 (1) All money received shall be deposited in the public art fund in a manner to 233 avoid any commingling with other revenues of the village and all funds shall 234 be expended solely for the purposes for which they were collected. Any 235 interest income earned by the money in the public art fund shall be 236 expended only for the purpose for which the money was originally collected. 237 (2) The public art fund shall be used solely for expenses associated with the 238 selection, commissioning, acquisition, transportation, maintenance, public 239 appraisal, education, promotion, administration, removal and insurance of 240 the art. 241 Sec. 24-8. Applicability; art fee for private development and redevelopment. 242 (a) Applicability. All development projects, as defined in this article, shall participate in 243 the public art program. The FAC may exempt the following from the art in public 244 places program: 245 (1) The project consists of the reconstruction of structures that have been 246 damaged by fire, flood, wind, or other natural disaster. 247 (2) Schools may not be calculated in the 7,500 square foot gross floor area 248 threshold. 249 (3) Churches or places of worship may not be calculated in the 7,500 square 250 foot gross floor area threshold. 251 (b) Art Fee. Developers have the choice of participating in the public art program as 252 follows: 253 (1) In-lieu public art fee. Pay one and one-half (1 ½) percent of the cost of the 254 development project, excluding land acquisition and off-site improvement 255 costs, as an "in lieu" public art fee; or 256 (2) Donation of public art. Donate art which has been approved by the FAC, 257 having a documented minimum value of one and one-half (1 ½) percent of 258 the cost of the development project, excluding land acquisition and off-site 259 improvement costs; or 260 (3) Placement of art on site. Place art on site, which shall have a minimum 261 value of one and one-half (1 ½) percent of the proposed project. excluding 262 land acquisition and off-site improvement costs. The developer shall 263 provide documentation to the village that the art fee has been deposited 264 into an escrow account for said purpose prior to the issuance of a building 265 permit. Prior to placement on the development site, the art must be 266 approved by the FAC and conform to the adopted public art guidelines. A 267 minimum of seventy-five (75) percent of the total value of the art 268 requirement shall be placed in areas that are clearly visible from the public 269 sidewalk or public space. 270 The developer shall be given up to six (6) months after issuance of the 271 building permit to obtain approval of the proposed artwork from the FAC, 272 unless the FAC grants an extension for good cause as determined in their 273 sole discretion. If no such approval is obtained within the time period, the 274 FAC shall require transfer of aforementioned funds to the public art fund. 275 The developer shall be given up to six (6) months after the approval of the 276 art to install the art, as approved by the FAC in accordance with adopted 277 art in public places program guidelines. The FAC may grant one additional 278 six-month extension for good cause as determined in its sole discretion. If 279 no installation occurs within the required time-period, art fee funds shall be 280 transferred from the escrow account to the public art fund. 281 282 (c) Gross Area Discrepancy. Prior to the issuance of the certificate of occupancy, any 283 discrepancy between estimated gross floor area and actual gross floor area must 284 be reconciled. The reconciliation may include an additional art fee contribution or a 285 refund. 286 (d) Compliance. No final approval, such as a final inspection or a certificate of 287 occupancy, for any development project, subject to the art in public places program, 288 shall be issued unless one (1) or more of the following has been achieved: 289 (1) The approved art has been installed in a manner satisfactory to the FAC in 290 compliance with this article. 291 (2) In-lieu art fees have been paid. 292 (3) Financial security, in an amount equal to the acquisition and installation costs of 293 an approved art selection, has been provided to the village in a form approved 294 by the village attorney. 295 (4)An approved work of art has been donated and accepted by the FAC in 296 accordance with this article. 297 298 (e)Fee Adjustment. The contributions referenced in this section are calculated in 2022299 dollars and shall be adjusted by the Consumer Price Index on an annual basis as of 300 October 1st. 301 Sec. 24-9. - Application procedures for placement of art on private property; 302 donation of art to village. 303 An application for placement of art on private property or donation of art to the village 304 shall be submitted to the FAC for approval shall include: 305 (a)Preliminary sketches. Preliminary sketches, photographs or other documentation306 of sufficient descriptive clarity to indicate the nature of the proposed art; 307 (b)Appraisal. An appraisal or other evidence of the value of the proposed art308 including acquisition and installation costs (to establish the value of art submitted 309 to comply with this program's requirements, the village may contract with an 310 independent art appraiser to provide a written appraisal of the art. Such appraisal 311 shall either be funded from the public art fund or by the developer as part of the 312 overall art contribution); 313 (c)Preliminary plans. Preliminary plans containing such detailed information as may314 be required by the village to adequately evaluate the location of the art and its 315 compatibility with the proposed development project and/or with the character of 316 adjacent developed parcels and the existing neighborhood; 317 (d)Written Agreement. For donated art to the village, a written agreement approved318 by the village attorney and executed by the artist who created the art, in which 319 the artist expressly waives all rights that may be waived under applicable state 320 and federal laws. The artist of approved art shall grant to the village an unlimited, 321 perpetual, non-exclusive, royalty-free, irrevocable license to reproduce and 322 distribute two-dimensional reproductions of the art for village-related purposes, 323 and grant to the village the exclusive irrevocable ownership rights in any 324 trademark, service mark, or trade dress rights regarding the art, pursuant to a 325 license that shall be approved by the village attorney. Village approval of the art 326 shall be deemed to be a grant of the artist for authorization by third parties to 327 review and reproduce documents provided by the artist to the village which are 328 deemed to be public records pursuant to the public records laws of the state. The 329 village shall also have the option of referring to the name and title of the artist 330 and art in reproductions; 331 (e)Placement Statement. A narrative statement to be submitted to the village to332 demonstrate that the art will be displayed in a public place; and 333 (f)Maintenance Statement. A statement indicating the property owner's willingness334 to operate and maintain the art at all times in substantial conformity with the art in335 public places master plan and art in public places guidelines, and the terms of 336 the approval and acceptance of the art by the FAC. 337 338 339 Sec. 24-10. - Approval for placement of art on private property, donations of art in 340 lieu of a fee; Artist selection. 341 (a)Art Criteria. Completed applications shall be submitted to the recreation342 department and forwarded to the FAC for review and approval of the art using 343 the following minimum criteria: 344 (1)Consideration of the art's conformity to the definition of "art;"345 (2)Appropriateness of the art to the site and site environmental346 conditions; 347 (3)Maximum visual accessibility to pedestrian or vehicular traffic, as set348 forth in the art in public places program guidelines; 349 (4)Quality of the art;350 (5)Maintenance requirements;351 (6)Whether the art too closely resembles a business logo or sign and352 should, therefore, be rejected; and 353 (7)Any other criteria set forth in the art in public places program354 guidelines, as amended from time to time. 355 (b)Artist selection criteria. The following criteria, at minimum, shall be considered by356 the FAC in the selection of an artist: 357 (1)Ability of the artist to complete the project within a specified schedule358 and budget; 359 (2)Exhibition and sales history of the artist, as well as works of art in360 public collections and previous public art purchases or commissions; 361 and 362 (3)Any other criteria set forth in the public art program guidelines, as363 amended from time to time. 364 (b)Amendments. If, after review of the proposed placement or donation by the FAC,365 the applicant proposes, or the FAC subsequently recommends, significant 366 revisions to the architecture or physical design and layout of the proposed 367 project, the revised application shall be returned to the FAC for further review 368 and approval concerning the revised proposal. 369 370 Sec. 24-11. - Approval of architecture as art. 371 (a)Criteria for approval. Generally, architecture shall not be considered art for purposes372 of the art in public places program unless determined to be in conformance with the art 373 in public places master plan and art in public places program guidelines, and approved 374 by the FAC. The criteria used to determine on a case-by-case basis whether 375 architecture may be considered art for purposes of fulfilling the requirements of this 376 article shall be established within the art in public places master plan, art in public 377 places program guidelines, or both. 378 (b)Procedure. The developer seeking approval of an architectural project to fulfill the379 requirements of this article shall comply with section 24-9 and: 380 (a)The project developer must submit a model, sketch and other materials which381 satisfactorily illustrate the proposed development project. The project developer 382 and the architect must submit a conceptual statement expressing why the 383 architecture should be considered art including an explanation of the ideas, 384 meaning, cultural significance or conceptual complexity expressed in the 385 architecture, and conformity with the applicable standards of the adopted art in 386 public places master plan and/or art in public places program guidelines. The 387 project developer and the architect shall demonstrate that high quality materials 388 and craftsmanship will be used in the execution of the construction. 389 (b)If all of the foregoing criteria are met, the FAC shall accept the architecture as art390 only if, in its judgment, the architectural work is of extremely high artistic merit 391 and would make a substantial cultural contribution to the village, and is in 392 conformance with the art in public places master plan and art in public places 393 program guidelines. 394 (c)The project developer and/or architect shall have the responsibility to395 demonstrate that all of the foregoing criteria of this article and the art in public 396 places master plan and/or art in public places program guidelines have been 397 met. 398 Sec. 24-12. - Ownership of art. 399 (a)Ownership of all art acquired on behalf of the village pursuant to the400 requirements of this article shall be vested in the village, which shall retain title to 401 each work of art. 402 (b)All works of art acquired on behalf of the village pursuant to the requirements of403 this article shall be donated and title shall be transferred pursuant to a standard 404 village public art contract reviewed and approved as to form by the village 405 attorney. 406 (c)Ownership of all art incorporated into development projects shall be vested in the407 property owner who shall retain title to the art. Property owners retaining title to 408 the subject art shall provide proof of insurance in the amount of the appraised 409 value of the art. If the property is sold, the seller shall either include restrictions in 410 the deed that require maintenance and insurance of the art and prevent its 411 removal from the property, or remove the art and make a contribution to the fund 412 in an amount equal to the amount of the in-lieu public art fee which would have 413 initially been required based on the project cost. If the title is passed to a 414 subsequent owner and, as a result, a deed restriction exists as to the art, the 415 subsequent owner shall maintain the art in accordance with the deed restriction, 416 applicable law and other established guidelines. The art shall not be altered, 417 modified, relocated or removed other than as provided herein without the prior 418 approval of the FAC. 419 (d)Property owners retaining title to the subject art will be required to maintain the420 art in good condition in the approved location, as required by law or other 421 applicable guidelines including but not limited to normal code enforcement rules, 422 to ensure that proper maintenance is provided. 423 424 Sec. 24-13. - Governmental building public art requirement. 425 (a)Appropriation for village construction to include appropriation for art.426 Notwithstanding any federal, state, or local exemptions, all governmental entities 427 shall provide for the acquisition of art equivalent in value not less than one and 428 one-half (1½) percent of the construction cost of new governmental buildings. 429 Acquisition of art for placement in village governmental buildings shall be in 430 accordance with the criteria and standards set forth in the adopted art in public 431 places master plan and art in public places program guidelines. To the extent the 432 total appropriation is not used for the acquisition of art for said building(s), the 433 remainder may be used for: 434 (1)Program administrative costs, insurance costs or for the repair and435 maintenance of any works of art acquired under this section; or 436 (2)To supplement other appropriations for the acquisition of works of art under437 this section or to place works of art in, on, or near government facilities which 438 have already been constructed. 439 (b)For the purpose of this subsection, "construction cost" is defined to include440 architectural and engineering fees, site work, and contingency allowances. It 441 does not include land acquisition or subsequent changes to the construction 442 contract. All construction costs shall be calculated as of the date the contract for 443 the construction is executed. 444 (c)The Village Council may approve expenditures from the public art fund to fulfill445 the requirements imposed by this section. 446 Section 3. Conflicting Provision. Any provisions of the Code of Ordinances of 447 Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are 448 hereby repealed, but only to the extent of such conflict. 449 Section 4. Severability. That the provisions of this Ordinance are declared to 450 be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for 451 any reason, be held to be invalid or unconstitutional, such decision shall not affect the 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the Miami Shores Village, Florida, that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the word “Ordinance” shall be changed to “Section,” or other appropriate word. Section 6. Effective Date. That this Ordinance shall be effective immediately upon passage by the Village Council on second reading, except that the effective date of the Village Code amendments approved by this Ordinance shall be the date Miami Dade County Mayor or designee finds the Code amendments is in compliance with the minimum stands set forth in Miami-Dade County Code of Ordinances, Section 2-11.15. PASSED and ADOPTED this 19 day of July, 2022. 468 469 470 First Reading: July 5, 2022 Second Reading: July 19, 2022 471 472 Attest: 473 474 475 ____ 476 Ysabely Rodriguez, CMC Sandra Harris 477 Village Clerk Mayor 478 479 480 481 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 482 483 484 485 Weiss, Serota, Helfman, Cole + Bierman, P.L. 486 Village Attorney 487 488 489 490 491 FINAL VOTES AT ADOPTION Council Member Alice Burch Council Member Katia Saint Fleur Council Member Crystal Wagar Vice Mayor Daniel Marinberg Mayor Sandra Harris