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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-0151 Temp. Ord. #2046 - April 30, 2004 Page 1 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADDING ARTICLE XI, ENTITLED "PUBLIC ART PROGRAM" TO CHAPTER 5 OF THE TAMARAC CITY CODE, ENTITLED "BUILDINGS AND BUILDING REGULATIONS", PROVIDING FOR THE ESTABLISHMENT OF A PUBLIC ART PROGRAM, DEFINITIONS, ESTABLISHMENT OF A PUBLIC ART FEE AND PUBLIC ART FUND, PROJECTS SUBJECT TO PUBLIC ART PROGRAM REQUIREMENTS, ESTABLISHMENT OF A PUBLIC ART COMMITTEE, CRITERIA FOR SELECTION OF ARTIST AND ART, CITY OWNERSHIP OF ARTWORK, PUBLIC ART PROGRAM GUIDELINES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE WHEREAS, the City of Tamarac is desirous of furthering its commitment to providing public art to beautify the appearance of the City, commemorate the City's history and to enhance the cultural opportunities throughout the City; and WHEREAS, a Public Art Program helps to create a stronger sense of community identity and can expand the opportunity for residents and visitors to the City to encounter a variety of cultural experiences; and CODING: Words in stmek throu type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2046 - April 30, 2004 Page 2 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 WHEREAS, City staff has worked together to create a Public Art Program that will contribute to and enhance community identity and pride, reflect the community's values and culture, provide the highest quality art available, promote excellence and diversity through a variety of artists and media, encourage public participation and interaction with public spaces, and increase awareness of how surroundings impact experience, among other benefits; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to establish a Public Art Program to further the commitment of the City of Tamarac to providing public art to beautify the appearance of the City, commemorate the City's history, and to enhance the cultural opportunities throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. 1 CODING: Words in stfueltgft type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2046 - April 30, 2004 Page 3 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 SECTION 2: Article XI, Chapter 5, of the Tamarac Code of Ordinances, is hereby created as follows: PUBLIC ART PROGRAM Sec._ 5-300_._ Short title; intent. W This section shall be known and cited as the "Public Art Program". It is the intent and purpose of this article to further the commitment of the City of Tamarac to providing public art to beautify the appearance of the City, commemorate the Cit 's histg and to enhance cultural opportunities throughout the City. Sec.5-301. Definitions. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: Alteration means any change or modification in construction or occ y Artist or Professional Artist means a practitioner in the visual arts generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status. as a professional artist include but are not limited to income realized through the sole commission of artwork fre uent or consistent art exhibitions placement of artwork in ublic institutions or museums receipt of honors and awards and training in the arts. CODING: Words in stmek through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2046 - April 30, 2004 Page 4 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 Art, Artwork or_Works _ofArt means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium material or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glassmosaies, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings monuments erected to commemorate aDerson_or an event, functional furnishings, such as artist designed _seating and payers, architectural elements designed by an artist, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this chapter: (a) Reproductions or unlimited copies of original_ artwork. Art objects_ which are mass produced. Lc,) Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist as_an_integral aspect of a structure or site. L4) By means any structure that encloses space and is used or built for the shelter or enclosure of ersons businesses chattel or property. Development means any construction, redevelopment alteration or repair of any private or public building within the limits _of_thg City, Public Art Committee means the entity_appointed by the City Commission to administer the Public Art Program._ Public Art Fund means a separate, interest bearing account set up by the City to receive monies for the Public Art Program. Public Art Master Plan means a plan that includes public art _needs and priority assessment, recommendations on types of public art and potential locations in the City of Tamarac, and implementation strategies for acquisition and maintenance. The plan is developed with input from stakeholders, and adopted by the Commission. 1 CODING: Words in type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. #2046 - April 30, 2004 Page 5 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 Repair or maintenance means the reconstruction or renewal of an art of an existing building for the -purpose of maintenance. Sec. 5-302. Public Art Fee. LN A Public Art Fee will be assessed a ual to 1 % of construction value of improvements to real property in the City of Tamarac as provided for in Section 5-304. Public Art Fee shall be collected by the Building and Code Compliance Department at the time of permit issuance. Sec. 5-303. Public Art Fund. There is hereby created a Public Art Fund administered by the Public Art Committee which shall consist of all contributions received from art fees for develo ment redevelo ment renovation and repair, from public, residential and private development, cash grants and donations to the Cit for public art projects from governmental or private resources and all other funds allocated by the City through the budgg!gaprocess for the provision of public art. The Public Art Fund shall be used solelv for expenses associated with the selection commissioninq, acquisition, transportation, maintenance promotion, administration removal and insurance of the works of art or in relation thereto. Expenditures will be authorized by the Citv Manaaer or designee. Sec. 5-304. Projects subject to requirements of the Public Art Program. W The requirements of this article shall apply to the following activities: All nonresidential construction alteration or repair for which a building permit is required. All new residential construction and/or redevelopment for which a building permit is rued. All new public construction for which a building permit is re uired. CODING: Words in streek through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2046 - April 30, 2004 Page 6 Rev. 1 — 5/5/04 Rev. 2 -- 5/5/04 Rev. 3 --- 5/6/04 Rev. 4 — 5/7/04 Exceptions: the requirements of this chapter shall not apply to the following activities: Public works and utilities non -facility infrastructure projects, Remodeling,repair or reconstruction of structures which have been damaged by fire flood wind earthquake or other calamity, Affordable housing construction remodel repair or reconstruction proiects, as defined by FederalsS_tate or local_ programs. 5-305. Public Art Committee. There is hereby established a committee to be known as the "Public Art CommittPP"_ (9 ) Public Art Committee Mission U The mission of the Public Art Committee is to expand cultural opportunities for residents and visitors and to enhance the appearance of the City through the selection and integration of artwork in a public environment. 0 Committee Membersh (a) The Public Art Committee consists of five 5 membersplus an additional two (2) _alternates, who live or conduct business in Tamarac, with a strong commitment to the objectives of the Public Art Program, who shall be appointed by the City Commission. The alternate members may substitute for any _member of the Committee who is unable to be present at a scheduled Committee meeting. Membership of the Public Art Committee may include: 1. Two (2) individuals chosen from the following disciplines: landscape architecture, urban planning, engineering, or a related design discipline; 2. one (1) professional artist: 3. one (1) private citizen, knowledgeable in the field of public_art, education, or community affairs and 4. one (1) private citizen from the development community_. CODING: Words in stttiek through type are deletions from existing law; Words in underscored type are additions. 1 1 1 Temp. Ord. #2046 - April 30, 2004 Page 7 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 (b) The City Manager designates a City staff member to act as the Cit 's liaison with the board. The liaison will be responsible for budget development and monitoring_ (c) The committee shall elect a Chairperson and Vice -Chairperson each year. (3) Membership Terms U The initial membership terms shall be staggLred with three members having two-year terms and two members havin one-year terms_ Initially, alternates will have two-year terms. (b� The staff liaison member's term is not limited. (jc Initial terms will be determined by irawinglots or other unbiased method. After initial terms all future terms will be for two 2 ears with staggered terminations. (e) Consecutive reappointments are permissible. (4) Vacancies shall be handled in accordance with City policy. 1 U Meetings and Attendance La) The Public Art Committee shall meet at least once per year after appointments to elect officers. (b Other meetings will be held as necessary to carry out the duties and responsibilities of the committee. Cc) A committee member is required to attend a majority of meetings scheduled within each 12-month time period of his or her appointed term. Failure of a committee member to regularly attend meetings could result in removal from the position at the discretion of the City Commission. Public Art Committee meetings will be open to the public. A quorum shall be a majority of Committee members which is a minimum of three 3 members present CODING: Words in 4trtrek through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2046 - April 30, 2004 Page 8 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 Voti n (a) In all matters coming before the committee, the affirmative vote of a majority of those present and voting is the action of the committee, provided a quorum is present. In the event that any members have personal interests in matters of acquisition or commissioning of artwork before the committee that constitutes a conflict of interest, those members shall excuse themselves from__v_oting. Conflict of interest. If any member of the Public Art Committee shall find that his private or personal interests are involved in the matter coming before the Committee he shall disqualify himself from all ap rticipation in that matter. No member of the Public Art Committee shall have his or her work of art considered or approved by the Public Art Committee during their term of service on the Committee or for one (1) year thereafter. M Expenses. Members shall serve without compensation. The Public Art Committee shall have the following powers and duties: Recommendations to the Commission on revisions to the Public Art Guidelines. Recommendations to the Commission on revisions to the Public Art Master Plan, to be adopted by Resolution_bthe City Commission. Recommendations to the Commission on Art and Artist selection. (4) The Public Art Committee is responsible for submitting an annual report to the City Commission each year at the end of the 12-month term. The report will describe the committee's accomplishments over the past year, give the status of current projects, provide information on any future plans, and include an inventory of public art in the City. CODING: Words in struek through type are deletions from existing law; Words in underscored type are additions. 1 i-1 1 Temp. Ord. #2046 - April 30, 2004 Page 9 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 Sec. 5-306. Artist and art selection criteria. Artist will be selected in accordance with City procurement policy. The following criteria at minimum shall be considered by the Public Art Committee in the selection of an artist: Ability of the artist to complete the project within a specified schedule and budget; L2� Exhibition and sales history.of the artist, as well as works of art in public collections and previous public art purchases or commissions; and L3� All other criteria set forth in the Public Art Proaram Guidelines. as amended from time to time The following criteria at minimum shall be considered by the Public Art Committee in the selection of artwork: Appro riateness of the artwork to the site and site environmental conditions; Maximum visual accessibility to pedestrian or vehicular traffic as set forth in the Public Art Program Guidelines; Quality of the artwork: Maintenance requirements Whether the artwork too closely resembles a business logo or sign and should, therefore, be reiected; and Any other criteria set forth in the Public Art Program Guidelines as amended from time to time. Sec. 5-307. Ownership of artwork Unless otherwise ev—ressly agreed to in writing by the City, ownership of all art acquired through expending funds in the Public Art Fund shall be vested in the City, which shall obtain title to each work of art. Artist shall be required to enter into an Agreement with the City which includes but is not limited to the waiver of Artists rights as set out in the Visual Artists Rights Act 17 CODING: Words in struek through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2046 - April 30, 2004 Page 10 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 U.S.C. §§ 106A and 113(d) (" VARK), as amended and any other rights arising under any international federal state or local law. Sec. 5-308. Public Art Program guidelines. The Public Art Committee shall prepare, and from time to time revise Public Art Program Guidelines and make the same available to the ublic which shall rovide guidance for program organization, or anizational governance and staffin responsibilities, procedures for project planning; artist selection; art selection criteria: art placement criteria donations: loans and memorials collection management, and administration of the Public Art Fund. SECTION 3: It is the intention of the City Commission 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 City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 11 CODING: Words in struek through type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. #2046 - April 30, 2004 Page 11 Rev. 1 — 5/5/04 Rev. 2 — 5/5/04 Rev. 3 — 5/6/04 Rev. 4 — 5/7/04 SECTION 6: This Ordinance shall become effective immediately upon passage and adoption. PASSED, FIRST READING this 12t' day of May, 2004. PASSED, SECOND READING this 26t' day of May, 2004. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S. KFW CITY ATTORNEY. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st ading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS RECORD OF COMMISSION VOTE: Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI C DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS CODING: Words in stmek thrett type are deletions from existing law; Words in underscored type are additions.