HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-221Temp. Reso. #10551 - Page 1
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- a a f
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPOINTING FIVE (5)
REGULAR MEMBERS TO THE PUBLIC ART
COMMITTEE; APPOINTING TWO (2) ALTERNATE
MEMBERS TO THE PUBLIC ART COMMITTEE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission, through the passage and adoption of
Ordinance No. 0-2004-15, attached hereto as Exhibit 1, established a Public Art
Program, including a Public Art Committee; 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
WHEREAS, in accordance with Ordinance 0-2004-15, the Public Art Committee
consists of five (5) members, plus an additional two (2) alternates, who live or conduct
business in the City of Tamarac, with a strong commitment to the objectives of the
Public Art Program; and
WHEREAS, the objectives of the Public Art Program include furthering the
commitment of the City of Tamarac to providing art to beautify the appearance of the
City, commemorate the City's history, and to enhance the cultural opportunities
throughout the City; and
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WHEREAS, it is further recommended that membership in the Public Art
Committee be representative of two (2) individuals chosen from the landscape
architecture, urban planning, engineering, or a related design discipline; one (1)
professional artist; one (1) private citizen knowledgeable in the field of public art,
education or community affairs; and one (1) private citizen from the development
community; and
WHEREAS, in accordance with Ordinance 0-2004-15, attached hereto as
Exhibit 1, the initial membership terms shall be staggered with three members having
two-year terms, two members having one year terms; and alternates will have two-year
terms; and
WHEREAS, the Director of Parks and Recreation and the City Manager
recommend the appointment of the Public Art Committee; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to appoint five
(5) regular members, and two (2) alternate members to the Public Art Committee.
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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SECTION 2: That pursuant to Ordinance 0-2004-15, the following people are
hereby appointed as regular members of the Public Art Committee effective September
22, 2004, until such time as reappointments are made.
Lawrence Torn
Jesse Durko
Elayne Weisburd
AM.", :rrareI 1
Tony Mijares
SECTION 3: That pursuant to Ordinance 0-2004-15 the following people are
hereby appointed as alternate members of the Public Art Committee to serve two-year
terms, effective September 22, 2004, expiring on September 22, 2006, or until such
time as reappointments are made.
Leo Kaplan
Eleanore Kram
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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SECTION 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 22" d day of September, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: V/M SULTANOF �. P
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
1 have approved this
RESOLUTION as to form.
MITCHELL S.
CITY ATTO
H
T.K :F IU5--)1
Exhibit 1
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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
DATE.
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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Words in underscored type are additions.
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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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Words in underscored type are additions.
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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.
u This section shall be known_ and. cited as the "Public Art Program
(f It is the intent and purpose of this article to further the commitment of the
City of Tamarac to providing public art-tQ beautify the appearance of the
City, commemorate the Cit 's histo and to enhance cultural opportunities
throughout the City.
Sec.5-301. Definitions.
(A) Definitions. For the purposes of this section. the following words and
phrases shall have the following meanings:
L� Alteration means any change or modification in construction or
occ�y
Artist or Professional Artist means a practitioner in the visual arts
generally reco nizgd by critics and geers as a grofessional of serious
intent and ability. Indications of a erson's status as a grofessional
artist include but are not limited to income realized throw h the sole
commission of artwork fre uent or consistent art exhibitions
placement of artwork in public institutions or museums recei t of
honors and awards and training in the arts.
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ArtArtwork or Works of Art 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 m terial
or combination thereof. including,. but not lirnited to, paintings,
sculptures, engravings, carvings, frescos, stained glass, mosaics
mobiles,.. tapestries, murals, photographs, video projections. digital
images, bas-relief, high relief, fountains kin tics collages, drawings,
monuments erected to,.commemorate a person or an event, functional
furnishin s such as artist designed seatin and_pavem architectural
._iand artist designedlandforms or
elements designed by art, artist, ,. _... _ .
landscape elements. The. followin9ehall. not be jognsidered artwork or
works of art for ur oses of this chapter:
U Reproductions or unlimited copies of original artwork.
(b) Art obiects which are mass r duced.
U Works that are decorative, ornamental, or functional, elements
of the architecture or landscape, design, excel2t when
cnommissioned from an , artist as an integral aspect of a
structure or site.
t,,4,) Building means any structure that encloses space and is used or built
for the shelter or enclosure of ers ns businesses chattel or property.
U Development means any construction redevelo ment alteration or
repair of any private or public building within the limits of the City.
M Public Art Committee means the entfty_@ppointed by the City
Commission to administer the Public Art Pro ra .
L7) Public Fund means a se arate interest bearing account set u b
the City to receive monies for the Public Art_Program.
M 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, artd, implementation
strategies for acquisition and maintenance. The plan is developed with
input from stakeholders. and adopted by the Commission.
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u Repair or maintenance means the reconstruction or renewal of any
art of an existin building for the purgose of maintenance,
Sec. 5-302. Public Art Fee.
LL A Public Art Fee will be assessed a ual to 1 % of construction value of
i_mgrovements 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.
LN 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 development redevelopment,. renovation and repair, from public,
residential nd private development, cash grants and donations to the City
for public art projects from gpvernmental or private resources and all
other funds allocated by the City through the budgetanLprocess for the
provision of public art.
(Bj The Public Art -Fund shall be used solely. for expenses associated with the
selection commissioning, acquisition, trans ortation maintenance
romotion administration removal and insurance of the works of art or in
relation thereto. Expenditures will be authorized by the Citv Manager or
designee.
Sec. 5-304. Projects ntsof.the _.Public Art _Program.
_ . cts subject to_repuireme ._.
(A) The requirements of this article shall a2ply to the following activities:
W All nonresidential construction alteration_or_repair for which a
building permit is required.
All new residential constructionand/or redevelopment for which a
building permit is required.
All newpublic c�nstr ction for which a building permit is re uired.
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U Exceptions: the re uirement 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 earth wake or other calamity.
Affordable housing construction remodel rgpair or reconstruction
proiects as defined by Federal. State or local programs.
Sec. 5-305. Public Art Committee,
There is hereby established a committee to be known gs the "Public Art
Committee".
M Public Art Committee Mission
(a) The mission of the Public Art Committee is to ex and 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.
u Committee Membership
(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. Memorship of the Public Art Committee may include:
1. Two 2 individuals chosen from the following disci lines:
landscape architecture, urban planning, engineering, or a
reiated design discipline:
2, one (1) professional. artist:
3. one 1 rivate 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 res onsible for
budget.dev_el_opment and „monitoring.
(c) The committee shall elect a Chairperson and Vice -Chairperson
each_yea r.
u
Membershin Terms
(a) The initial membership terms shall be staggered with three
members havin two- ear terms and two members having
one-year terms. Initially, alternates will have two-year terms.
(b) The staff liaison member's term is not limited.
u Initial terms will he determined by drawing lots or other
unbiased method.
(d) After initial terms. all future terms will be for two with
„(2)years,
stagger d terminations.
Ue Consecutive reapgointments are Dermissible.
(4j
Vacancies shall be handled in accordance with Cit olic .
.G5)
Meetings and Attendant
(0) The Public Art Committee shall meet at least once er ear after
appointments to elect.. officers.
U Other meetings will be held as necessa to carry out the duties
and reMonsibilities of the committee.
u A committee member is required to attend a majority of meetings
scheduled within each 12-month time eriod of his or her
appointed term.. ,Failure of a committee member to regularly
attend meetincis could result in removal from the l2osition at the
discretion of the City.Commission.
(M Public Art Cammittee meetings will be open to the 12ublic.
f 6J
A uorum shall be a maiority of Committee members which is a
minimum of three 3 members l2resent.
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u Votin
In all matters coming_before the committee. the affirmative vote
ofa majority of those present and voting is the action of the
committee, provided aguorum is present.
Ub 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 th se memb rs
shall excuse themselves from voting.
Conflict of interest If any member of the Public Art Committee shell
find that his rivate or personal interests are involved in the matter
coming before the Committee he shall disguuali_ fy himself from all
participatioa 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_
Exaenses,_Members shall s rve without com ens tion.
The Public Art Committee shall have the following powers and duties:
W Recommendations to the Commission on revisions tote Public Art
Guidelines.
0 Recommendations to the Commission on revisions to the Public Art
Master Plan to be ado ted b Resolution b the Cit Commission.
Recommendations to the Commission on Art and Artist selection.
W The Public Art Committee is responsible for submitting an annual
re ort to the City Commission ea h ear at the end of the 12-month
term. The report will describe the committee' accom lishments over
the past year, give the status of cUrrent projects, provide information
on any future.._ plans, and include an inventgry of public art in the City.
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Sec. 5.306. Artist and art selection criteria.
,(A) Artist will be selected in accordance with City procurement policy. The
ko-11owing. criteria at minimum shall be considered by -the Public Art
Committee in the selection of an artist:
( Ability of the artist to complete the proiect within a s ecified
schedule and bud et•
u Exhibition and sales histo of the artist as well as works of art in
public collections and previous public art purchases or
commissions: and
u All other criteria set forth in the Public Art Program 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:
Aggropriateness 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 re uirements•
L5� Whether the artwork too closely resembles a business logo or sic
and should, therefore, be (ejected: and
u An other criteria set forth in the Public Art Pro ram Guidelines as
amended fr m time to time.
Sec. 5-307. Ownershio of artwork.
Unless otherwise ex ressl a reed to in writing b the City. ownership of all art
acquired through expending funds in the Public Art Fund shall be v sted in the City,
which shall obtain title to each work of art
Artist shall be required to enter into an A reeme-it with the City which includes but is
not limited to the waiver of Artists rights as set out in the Visual Artists Ririhtq Act 17
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Words in underscored type are additions.
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U.S.C. §§ 106A and-1 1;1d "VARA" as amended and any other rights arising under
any international federal state or local law.
Sec. 5-308. Public Art Pro ram guidelines.
The Public Art Committee shall prepare, and f[o-m time to time revise Public Art
Program Guidelines and make the same available to the 12ublic, which shall orovide
guidance for program organization, organizational governance and staffing
responsibilities; procedu[eps for project planning: artist selection; art selection criteria: art
lacement 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 121h day of May, 2004.
PASSED, SECOND READING this 26 h day of May, 2004.
ATTEST: JOE SCHREIBER
MAYOR
MARION SW15NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL S. KRXF
CITY ATTORNEY.
RECORD OF COMMISSION VOTE: 1st
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
RECORD OF COMMISSION VOTE: W Reading
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER
OW 2:
COMM. FLANSBAUM-TALAB
DIST 3:
V/M SULTANOF
DIST 4:
COMM. ROBERTS
CODING: Words in stmek thretiptt type are deletions from existing law;
Words in underscored type are additions.