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HomeMy WebLinkAboutOrdinance No. 4470 Ordinance Amending Chapter 2-7 Related to the Music Board ORDINANCE NO___________ AN ORDINANCE AMENDING SECTIONS 2-7-1, 2-7-3, 2-7-5, 2-7- 6, 2-7-8, 2-7-9, 2-7-11, 2-7-16, 2-7-19, AND REPEALING SECTIONS 2-7-14, 2-7-15, 2-7-17, AND 2-7-18 OF CHAPTER 2- 7 OF TITLE 2 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO MUSIC BOARD. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Section 2-7-1 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-1. – Composition. There shall be a permanent music board of 13 nine (9) members, one from with each ward and seven from the city at large represented by at least one member. Section 2. Section 2-7-3 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-3. – Term. Each member of the board shall be appointed for a term of three (3) years and until a successor is appointed and qualified, except that initial appointments may be made for terms of less than three years in order that thereafter, an equal number of terms expire each year. The mayor, with the advice and consent of the council, may reappoint members. After serving two full consecutive terms, members of the board will not be considered for reappointment until one (1) year after the expiration of their second full term. Section 3. Section 2-7-5 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-5. – Vacancies. Vacancies occurring on the board shall be filled for the unexpired term by appointment by the mayor with the advice and consent of the council. Any member whose appointment requires residence in a particular ward Any member who serves as the sole representative of their ward shall be deemed to have resigned and vacated the office upon changing residence from the ward from which appointed. Section 4. Section 2-7-6 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-6. – Removal. The mayor may remove any member of the board whenever, in his their discretion, the best interests of the city shall be served thereby. Section 5. Section 2-7-8 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-8. – Duties of officers. The president shall preside over all meetings of the board. In the president's absence or in the event of a temporary vacancy in the position, a member of the executive committee shall be selected to preside. The board shall keep a record of all meetings and proceedings of the board and transmit its recommendations to the mayor and council. Section 6. Section 2-7-9 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-9. – Regular meetings. The board shall meet no less than four (4) times per year and as needed. hold a regular annual meeting in January of each year and shall meet in regular session at least once each quarter at a time and place selected by a vote of its members. Section 7. Section 2-7-11 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-11 – Quorum. Eight Five (5) members of the board shall constitute a quorum to transact business. 2 Section 8. Section 2-7-16 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-16 – Powers and duties of board. The board shall have the following powers and duties: (1) To develop, organize, promote and administer a comprehensive, coordinated music program for the city. (2) To provide music for the general public within the limits of the funds made available for that purpose. (3) To promote and encourage all music and musical activities of a public nature in the city and vicinity. (4) To accept gifts and bequests for the benefit of the music program. (5) To incur obligations for commodities and services to the extent authorized in its budget by the council; provided, however, that all proceedings in connection with contracts which must be let upon advertisement and public bids shall be by the council. (6) To take possession and assume responsibility for all property now or hereafter acquired and devoted exclusively to the music program of the city. The board’s purpose is to provide guidance and support to Civic Music, and to assure community representation in matters pertaining to Civic Music. The board has no authority to make final decisions on any matter; instead, the board acts in an advisory capacity. Section 9. Section 2-7-19 of Chapter 2-7 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 2-7-19 – Annual report. Not later than March 1 of each year, Civic Music and the advisory board shall make a an annual report to the mayor and council, setting forth its documenting the activities and accomplishments during of the preceding calendar year and such other information concerning its past, present and future activities as the board deems necessary to properly inform the mayor and council as to the status of the program. Section 10. Section 2-7-14 of Chapter 2-7 of the Rochester Code of Ordinances is hereby repealed: Sec. 2-7-14. – Ex officio members. When requested by the board, the mayor may appoint not to exceed two ex officio or advisory, nonvoting members to the board for such terms as the board may designate, 3 but not to exceed one year from the date appointed. The appointment of any ex officio or advisory member need not be approved by the council and any such member may be removed at any time by the mayor or the board. The provisions of section 2-7-4 shall not apply to ex officio members of the board. Section 11. Section 2-7-15 of Chapter 2-7 of the Rochester Code of Ordinances is hereby repealed: Sec. 2-7-15. – Music director, manager, and other employees. The permanent positions of music director and manager are established who shall be employed by the board with the advice and consent of the council. The board shall have the authority to employ such other personnel as it deems necessary within the means provided therefor in the budget adopted by the council. The compensation of the music director, manager and other personnel employed by the board shall be fixed by the council. Section 12. Section 2-7-17 of Chapter 2-7 of the Rochester Code of Ordinances is hereby repealed: Sec. 2-7-17. – Expenses. Before any claims are submitted to the council for payment of obligation incurred by the board, such claims shall be first approved by the board or, when authorized by the board, by a member or the manager. Section 13. Section 2-7-18 of Chapter 2-7 of the Rochester Code of Ordinances is hereby repealed: Sec. 2-7-18. – Music fund. There is created and established a separate music fund into which shall be paid all taxes levied under authority of state law for the maintenance, transportation, and employment of a band for municipal purposes, all monies transferred thereto by the council from the general fund and all monies donated or otherwise acquired by the city for music purposes. Records of all receipts and expenditures relating to said fund shall be maintained in a separate account by the city treasurer and all appropriations or expenditures from said fund and all contracts let to be paid out of said fund shall be made by the council as required by the Charter and other laws applicable thereto. 4 Section 14. This ordinance shall become effective from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2022. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20/2-7.MusicBoard.docx 5