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HomeMy WebLinkAboutOrdinance 99-83 ORDINANCE NO. 99- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2- 11.15 ENTITLED "WORKS OF ART IN PUBLIC PLACES" TO CREATE A NEW ORDINANCE ALSO ENTITLED "WORKS OF ART IN PUBLIC PLACES PROGRAM AND FUND ESTABLISHED;" PROVIDNG FOR DEFINITIONS; PROVIDING FOR A WAIVER OF REQUIREMENTS; PROVIDING FOR COMMERCIAL CONSTRUCTION PARTICIPATION; PROVIDING FOR OWNERSIDP AND MAINTENANCE; PROVIDING FOR A WORKS OF ART IN PUBLIC PLACES ADVISORY COMMITTEE, INCLUDING ITS COMPOSITION, COMPENSATION, CONDUCT OF MEETINGS; PROVIDING FOR POWERS AND DUTIES AND LIABILITIES FOR OBLIGATIONS; PROVIDING PROCEDURES FOR SITE SELECTION; PROVIDING FOR CRITERIA FOR SELECTION AND APPROV AL OF WORKS OF ART; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami-Dade County requires each municipality in Miami-Dade County to provide for the acquisition of works of arts equivalent in value to not less than one and one-half percent (1-1/2%) of the construction costs of new governmental buildings; and WHEREAS, inasmuch as this requirement appears in Article 2 of the Miami-Dade County Code rendering it subject to Home Rule requirements such that the municipality is obliged to comply with the terms but may adopt its own ordinance establishing the same or more stringent terms; and WHEREAS, it is the intent of this ordinance to establish a policy for the City in keeping with the vitality for which it is recognized and in order to enhance its aesthetic environment to encourage both government itself as well as private developers/owners of commercial properties to commission pieces of art for each new development, or, in lieu thereof, to donate monies to the City's Works of Art in Public Places Fund; and WHEREAS, the Mayor and the Commission would wish to solicit professional and citizen input in this effort and therefore wish to provide for the creation, composition and powers and duties of a Works of Art in Public Places Advisory Committee; and WHEREAS, the City is desirous of expanding public experience and exposure to culture through various forms of art and to enhance the appearance of public facilities and improye the environment of the City on behalf of its citizens, incorporating visual art in the design and construction of those facilities; Works of Art in Public Places Ord. 11/10199--10:14 AM LMD:ch 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: I. Section 2-11.15 Works of Art in Public Places as adopted by Section 8.3 of the Charter of the City of Sunny Isles Beach, is hereby repealed and that foregoing Ordinance is hereby adopted to be entitled "Works of Art in Public Places." Section 1. Section 2. WORKS OF ART IN PUBLIC PLACES Definitions For purposes of this Ordinance the following terms are hereby defined: a. Works of Art in Public Places are defined as intangible creations by artists exhibiting the highest quality of skill and aesthetic principles to be executed on a appropriate scale, and for general public access in public places and to give diversion to public environment including, but not limited to, painting, sculptures, stained glass, statutes, engravings, carvings, frescos, mobiles, fountains, monuments, murals, collages, tapestries, photographs, bas-reliefs, designs and drawings, and architecturally designed public spaces and functional elements, either as integral parts or of a larger project or as a separate entity. b. Construction costs is defined to include architectural and engineering fees, site work and contingency allowances. Acquisition costs, or costs associated with subsequent changes in construction contracts are not included. All construction costs shall be calculated as of the date the contract is executed. c. Commercial construction projects shall include developmental project which may involve more than one phase of construction constructed by any private developer or owner. d. Municipal construction project means any project to be paid for wholly or in part by the City regardless of the source of monies to construct, remodel, or reconstruct any public buildings, decorative or commemorative structures, parking facilities and parks or any portions of any building structures, facilities, or parks belonging to the City within the geographical boundaries as they now exist or shall exist in the future. Works of Art in Public Places Fund Established. a. The City of Sunny Isles Beach hereby creates a Works of Art in Public Places Program and Fund which fund shall be established by a separate account set up by the City to receive monies appropriated for the Works of Art in Public Places Program as described herein and shall consist of the following: Works of Art in Public Places Ord. 11/09/99-3:15 PM LMD:ch 2 (1) One and one half percent (1-1/2%) of the construction costs of new governmental buildings, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. Unexpended monies in this fund may be used for works of art at existing public properties and facilities as deemed appropriate by the Works of Art in Public Places Adyisory Committee and program administrative costs, including but not limited to, research and evaluation pertaining to works of art, operations of the Works of Art in Public Places Advisory Committee, insurance costs, or for the repair and maintenance of any works of art acquired under this Section or to supplement other appropriations for the acquisition of works of art under this section or to place works of art in, on or near government facilities which have already been constructed. (2) All funds donated to the City by private developers, owners or by others. (3) The public art fund shall be used solely for the selection, commissioning, acquisition, installation, maintenance, administration and insuring of the works of art or anything in relation to the foregoing. b. Waiver of requirements. The requirements of this subsection may be waived by resolution of the City Commission when, and if, it appears to the City Commission that a construction project covered hereunder is not appropriate for application of the above requirements, or if the City shall have received a charitable donation of a work of art that would otherwise fulfill the requirements of this Ordinance. Section 3. Commercial Construction Participation. a. Any private developer/owner who applies to the City for building permits to construct or reconstruct a commercial project shall be encouraged to commit one percent (1%) of construction or reconstruction costs up to, but not limited to the sum of TWO HUNDRED THOUSAND ($200,000.00) DOLLARS to the provision of art as defined herein, in conjunction with such commercial structure. b. Those private developers/owners constructing commercial projects to be accomplished in phases need contribute only one percent (1 %) of construction or reconstruction costs up to, but not limited to TWO HUNDRED THOUSAND ($200,000.00) DOLLARS for the entire phase project. c. If the private developer/owner constructing or reconstructing a commercial project does not wish to have a work of art as defined herein, in conjunction with his/her project, he/she may donate to the City an amount equal to the one (1%) percent of the construction costs of the commercial project as a charitable donation to the public art fund. d. Each building permit issued by the City to any such private developer/owner will include, upon written request, data, relative to the priyate developer/owner participating in the Works of Art in Public Places program in the City. Works of Art in Public Places Ord. 11/09/99-3:15 PM LMD:ch 3 e. Any building permit for construction or reconstruction of the commercial project shall be reported to the Works of Art in Public Places Advisory Committee. Section 4. OwnershiD and Maintenance. a. Ownership of all works of art acquired by the City shall be vested in the City. b. Artists, as part of any contractual agreement with the City for provision of the work of art, shall be required to submit to the Works of Art in Public Places Advisory Committee a maintenance and inventory sheet including annual costs projections which detail maintenance and continuing care of the work of artists' defined within this Ordinance. Section 5. Works of Art in Public Places Advisorv Committee. a. A Works of Art in Public Places Adyisory Committee is hereby established to carry out the functions and duties set forth hereinbelow: (1) Composition; Appointment; Term of Office. (a) The Committee shall be composed of five (5) members appointed by a majority vote of the entire Commission. The members shall possess a high degree of competence in the evaluation of art history, architectural history, art, architecture, sculpture, painting, fountains, monuments, artistic structural design, including private citizens with the knowledge of and an appreciation for the arts. (b) Each member of the Committee shall be appointed for a term of two (2) years. (2) No member shall serve for more than two (2) terms. Wheneyer a vacancy shall occur a successor shall be appointed in the like manner to serve for the remainder of such term. Any member who consistently fails to attend meetings without good cause shown or without prior approval of the chair of the Committee shall automatically be removed and the vacancy shall be filled. (3) Serving as a liaison between the Committee and the Commission will be the Director of Community Planning and Development. b. Compensation. Members of the Works of Art in Public Places Advisory Committee shall not be entitled to compensation. c. Conduct of Meetings. Conduct of meetings shall be in accordance with the rules established by the City for conducts of its Commission and other committee meetings in Ordinance 97-16, as it may be amended from time to time. The Committee shall consist of a Chair, a Vice Chair and a Secretary who have been elected by the Committee. Minutes of the meetings shall be kept and the Committee shall be subject to the Sunshine Laws. Subject to budget limitations, the City shall furnish administrative and clerical support for the purpose of Works of Art in Public Places Ord. 11109199-3:15 PM LMD:ch 4 assisting with the implementation of recommendations and the advice of the Committee. Legal Counsel shall be provided by the City Attorney as may be reasonably required by the Committee for performance of its functions. d. Powers and Duties. The Works of Art in Public Places Advisory Committee shall have the following powers and duties: (1) To recommend to the City Commission whether a particular proposed construction project is an appropriate site for works of art and whether all or part of the appropriations should be waived in accordance with Section 2 b. hereinabove. (2) Except for monuments, memorials or signs, to screen submissions and to select existing works of art or to determine whether to commission new works of art for the fulfillment of the requirements of this Ordinance. (3) To recommend sites and conduct contests and competitions in order to select works of art to be recommended for particular sites as may be desirable to the Committee. (4) To recommend and oversee the maintenance and insurance necessary to preserve and protect acquisition. (5) To make a recommendation to the City Commission regarding proposed works of art and to participate in the planning of such project. (6) To recommend legislation concerning art in the City of Sunny Isles Beach and to perform such other duties and functions as may be requested by the City Commission. (7) To educate and stimulate participation by all citizens in a joint public/private effort to promote Works of Art in Public Places (8) To make recommendations to the City Commission regarding placement of proposed donations of Works of Art for placement on public property in the City. (9) To perform such other duties and functions as requested by the City Commission. The final selection and commission of any work of art and any site upon which such art is to be placed shall be the responsibility of the City Commission. Section 6. Committee Solely Liable for Oblie:ations. Unless and until the City Commission approves by passage of an appropriate resolution or ordinance the acquisition of a work of art for this program, the costs of such acquisition and all costs associated with it shall not be an obligation, liability, debt of any kind or nature of the Works of Art in Public Places Ord. 11/09/99-3:15 PMLMD:ch 5 City. Exclusive of costs approved by the City Commission, no obligation, liability or debt of any kind or nature whatsoever, incurred or asserted against the Committee shall, in any manner whatsoever, become an obligation or liability of the City. Section 7. Procedures for Site Selection. The Committee shall evaluate each proposed City construction project to determine its suitability as location for works of art. In making its determination the following factors will be considered: (1) (2) (3) (4) Section 8. Appropriateness of the building as a location for works of art. Physical layout of the building on the site. Recommendation by Architect of the project. Exposure to the public, i.e., works of art shall be located in areas where residents and yisitors live and congregate and shall be highly accessible and visible. Criteria for Selection and Approval of Works of Art. a. The following criteria shall be used for selecting and approving works of art: (1) Appropriateness to the site. (2) Maintenance requirements. (3) Quality of work. (4) Likeliness that the artist can complete the work within the available funding. (5) Compliance with the overall master plan of the City. (6) Recommendation by architect of the project. (7) Reflection of enduring artistic concepts rather than transitory ones. b. When the Committee recommends a particular City construction project or existing site as being appropriate for Works of Art in Public Places, the Committee shall also recommend one of the following means of obtaining the Work(s) of Art: (1) Open entry competition: Through appropriate advertisement all professional artists are inyited to enter into competition for a commission to create a Work of Art for the site. The amount to be paid for the Work(s) of Art shall be determined by the City Commission after considering the Committee's recommendation. Works of Art in Public Places Ord. 11109199-3:15 PM LMD:ch 6 Artists may be asked to submit slides of their past work, resumes, letters of intent related to the specific project or specific proposals for the project under review. (2) Limited entry competition: A limited number of professional artists are invited to compete as set forth in paragraph 1 of this Section. (3) Direct selection of the Artist: A professional artist or several professional artists may be selected to develop a proposal for the project or produce the desired Work(s) of Art. (4) Direct purchase of existing Work(s) of Art: A completed Work of Art is purchased. No more than ten percent (10%) of the costs of the Work of Art may go to a dealer or agent. c. In the case of a limited competition or direct selection, an artist may be asked to develop a proposal for a specific project. If asked to develop a proposal, an artist may be paid a proposal fee on the basis of an approved fee schedule. This schedule shall be determined by the Committee after consultation with the City Manager and shall consist of a sliding schedule based upon the total project commission. However, in general, no more than five percent (5%) of the total Works of Art in Public Places allocation for a project should be paid in proposal fees to artists. Section 9. Repealer. All ordinances or parts of ordinances in conflict or inconsistent are repealed. Section 10. Severability If any word, clause, phrase, sentence, paragraph or section of this ordinance is held to be inyalid by a court of competent jurisdiction, such declaration of inYalidity shall not affect any other word, clause, phrase, sentence, paragraph or section of this ordinance. Section 11. Inclusion into the Code. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conform to any uniformed numbering system. Section 12 Effective Date. This Ordinance shall be effective ten days after passage by the City Commission on second reading. PASSED AND ADOPTED on first reading this \~ day of November, 1999. Works of Art in Public Places Ord. 11/09199-3:15 PM LMD:ch 7 PASSED AND ADOPTED on second reading this 1999. . I . ~ ~ l .ATTE~T: , . .. \ " . ( . / I,-~~.... >~~I -II " :': ~>." ..... C~lAet . .), Ri~hard, rown-M9rilla, City Clerk ,. ~ " .. APPROvED'AS TO LEGAL FORM AND SUFFICIENCY: Motion on second reading by:e~...., ~ Second on second reading bY:~~l2-Y&MovJ Vote: S'--O Mayor David Samson Vice Mayor Connie Morrow Commissioner Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias (yes)~ (yes)2 (yes).JL:' (yes LiL. (yes)~ (no)_ (no )_ (no )_ (no)_ (no )_ Works of Art in Public Places Ord. ll/09199-3:15 PM LMD:ch 8