HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-0151
Temp. Ord. #2046 - April 30, 2004
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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
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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.
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Temp. Ord. #2046 - April 30, 2004
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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.
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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.
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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.
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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_.
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(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
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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.
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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
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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.
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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
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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.
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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
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