[Ord. of 6-28-88]
(a)
The North Adams City Council (the "council") declares that creation
of a museum of contemporary art will, by bringing a large influx of
out-of-state visitors, assist in promoting tourism, reducing unemployment
and economic dislocation or the threat thereof, and maintaining a
high level of economic activity and revitalization within the City
of North Adams (the "city").
(b)
The council declares that collaboration between the city, Williams
College (the "college"), and such other nonprofit cultural organizations
as may be designated by the college from time to time, to establish
a museum of contemporary art will permit the city to profit from the
college's administrative and scholarly expertise, and would uniquely
suit the purposes of creating a museum of contemporary art.
(c)
The council declares that the most effective way to accomplish the
creation and operation of a museum of contemporary art is to create
an independent commission to act on the city's behalf in bringing
the plans for the museum to fruition.
(d)
The Massachusetts Museum of Contemporary Art Cultural Development
Commission (the "commission") is hereby established and shall consist
of the mayor of the City of North Adams and eight additional members
representing the public interest. Such members shall serve without
compensation, but shall be reimbursed for reasonable expenses actually
incurred in the performance of their duties as commission members.
(e)
In order to provide the most effective collaboration between the city and the college, it is appropriate that one or more members of the commission be persons affiliated with or employed by the college. The council declares that, upon receipt of a statement setting forth the nature and circumstances of such affiliation with or employment by the college and, thereafter, full disclosure of the financial interests of such members in any contracts between the commission and the college, the council may, if it so determines, issue a written determination that any interests resulting from such affiliation or employment will not be so substantial as to be deemed likely to affect the integrity of the services which the city may expect from such members and that, accordingly, such members shall not be deemed to have a conflict of interest under the provisions of M.G.L. c. 268A, § 19, provided that they abstain from participation in any business of the commission relating to contracts between the commission and the college.
[Ord. of 6-28-88]
The mayor shall appoint the members of the commission with the
consent of the council. In the first year, the mayor shall appoint
two members to two-year terms, three members to three-year terms,
and three members to four-year terms. All subsequent terms shall be
three years in length and so arranged that the terms of not more than
three members shall expire in any year. The appointment of each commission
member shall extend until the first day of February in the year in
which the member's term expires; if that day is a legal holiday,
the appointment shall extend until the next business day. The mayor
may reappoint members of the commission to one or more additional
terms with the consent of the council. If, for any reason, a vacancy
occurs in the membership of the commission, the vacancy shall be filled
forthwith by the mayor, with council approval, for the unexpired term.
[Ord. of 6-28-88]
Beginning at its first meeting, and in February of every year
thereafter, the commission shall elect a chairperson and a vice-chairperson
from among their own number. If the chairperson is absent from a meeting,
the vice-chairperson shall assume the chair. If both the chairperson
and the vice-chairperson are absent, the member with the most seniority
on the commission shall assume the chair. A majority of the commission
shall constitute a quorum for the transaction of business.
[Ord. of 6-28-88]
The commission shall meet as often as it deems necessary for
the proper exercise of its powers and duties. In conducting its meetings,
the commission shall comply with all applicable laws, rules and regulations.
The chairperson shall be responsible for setting the agenda for each
meeting. A majority vote of members present is required for any motion
to pass. The commission may make such additional rules and regulations
for its own governance and in relation to its officers and members
as it may deem expedient and proper.
[Ord. of 6-28-88]
(a)
The commission may exercise all the powers vested in it under the law (Acts. 1988, Chapter 8), or prescribed to it by law, including acting on behalf of the city to undertake any project or projects to acquire land, including buildings thereon, to construct, reconstruct, rehabilitate, finish or expand facilities to be used as a Massachusetts Museum of Contemporary Art and facilities related thereto, and any other powers necessary to accomplish the purposes of this chapter.
(b)
The commission may acquire and dispose of all forms of property and interests therein, subject to any restrictions set forth in Acts, 1988, Chapter 8.
(c)
The commission shall establish a special fund, to be known as the Museum of Contemporary Art Fund (the "fund"), and shall deposit in such fund, in addition to any monies so determined to be deposited by the council, any grant funds received from the Commonwealth of Massachusetts under Acts, 1988, Chapter 8, which amounts may be expended by the city treasurer as authorized by a majority of the commission and without further appropriation, solely for the purpose of paying for the cost of any project or projects under the provisions of this chapter.
(d)
The commission shall provide to the council such financial and other
information as it may reasonably request from time to time. Such information
may include, without limitation, such data as the council may require
to prepare an annual auditor's or accountant's report to
the Commonwealth of Massachusetts. The commission shall submit annually
to the commonwealth a report which includes an audit.
(f)
The commission is hereby empowered to employ personnel, consultants
and managers who may enter into contracts and secure loans for the
purposes of this chapter.
(g)
All revenues from the exhibition hall and museum shall be deposited
in the fund, and may be expended in the same manner as any other amounts
deposited in such fund.
