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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-221Temp. Reso. #10551 - Page 1 9/8/01 Rev. 1 — 9/9/04 Rev. 2 - 9/13/04 Rev. 3 - 9/13/04 Rev. 4 - 9/15/04 Rev. 5 - 9/20/04 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 Temp. Reso. #10551 - Page 2 9/8/01 Rev. 1 — 9/9/04 Rev. 2 - 9/13/04 Rev. 3 - 9/13/04 Rev. 4 - 9/15/04 Rev. 5 - 9/20/04 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. Temp. Reso. #10551 - Page 3 9/8/01 Rev. 1 — 9/9/04 Rev. 2 - 9/13/04 Rev. 3 - 9/13/04 Rev. 4 - 9/15/04 Rev. 5 - 9/20/04 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. Temp. Reso. #10551 - Page 4 9/8/01 Rev. 1 — 9/9/04 Rev. 2 - 9/13/04 Rev. 3 - 9/13/04 Rev. 4 - 9/15/04 Rev. 5 - 9/20/04 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 1 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 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 CODING: Words in struek through 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. CODING: Words in stmek thietigh 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 — 517/04 1 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. CODING: Words in struelt-thr 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 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. CODING: Words in struek through type are deletions from existing law; Words in underscored type are additions, 1 1 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 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. CODING: Words in straek throes 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 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. 0 CODING: Words in stmek through type are deletions from existing law; Words in underscored type are additions. 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 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. CODING: Words in struelc threugk type are deletions from existing law; Words in under cored type are additions. 101 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 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. CODING: Words in stmek through type are deletions from existing law; Words in underscored type arc additions. r� 1 1 1 1 C 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. ,(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 CODING: Words in 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-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. 1 CODING: Words in strdek ibrough type are deletions from existing law; Words in underscored type are additions. 1 1 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 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.