Ordinance 84-2414 ORDINANCE NO. 84-2414
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY ADDING CHAPTER 4A
ENTITLED: "ART IN PUBLIC PLACES" ; PROVIDING
FOR THE APPROPRIATION OF FUNDS FOR ACQUISITION
OF WORKS OF ART FOR PUBLIC BUILDINGS ;
PROVIDING FOR WAIVER OF REQUIREMENTS;
PROVIDING FOR DEFINITION OF WORKS OF ART;
PROVIDING FOR THE RESPONSIBILITIES OF CITY
COMMISSION AND CITY MANAGER; CREATING AN ART
IN PUBLIC PLACES COMMITTEE; PROVIDING FOR THE
APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING
POWERS, DUTIES AND PURPOSES OF THE COMMITTEE;
PROVIDING FOR PERSONNEL; PROVIDING FOR LEGAL
COUNSEL; PROVIDING THAT THE COMMITTEE IS
SOLELY LIABLE FOR ITS OBLIGATIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1: That the Code of the City of Miami Beach, Florida, be
amended by creating and adding Chapter 4A, to be entitled ART IN
PUBLIC PLACES , and to read as follows:
CHAPTER 4A ART IN PUBLIC PLACES
Section 4A-l: Appropriation of funds for acquisition of
works of art for public buildings--generally.
All appropriations for the original construction of
governmental buildings by the city commission shall include
an amount of art equivalent in value to not less than one and
one-half (1-1/2%) per cent of the construction cost of new
governmental buildings. Such works of art may be an integral
part of the structure, attached to the structure or attached
within or outside the structure.
Section 4A-2 : Waiver of requirements.
The requirements of Section 1 may be waived by resolution of
the city commission when and if it appears to said commission
that a construction project covered hereunder is not
appropriate for application of the above requirements.
Section 4A-3 : Same--Definitions.
For the purposes of this section, the following terms are
hereby defined.
(1) Work of art is defined as the application of skill, and
taste to production of tangible objects according to
aesthetic principles, including, but not limited to,
paintings , sculptures, engravings, carvings, frescos,
mobiles, murals, collages, mosaics, statues, bas-
reliefs, tapestries, photographs and drawings .
(2) Construction cost is defined as architectural and
engineering fees, site work and contingency allowances,
Construction cost does not include land acquisition or
subsequent changes to the construction contract. All
construction costs shall be calculated as of the date
the contract is executed.
Section 4A-4 : Same--Responsibilities of city commission;
city manager .
(a) The selection and commissioning of artists, sculptors or
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OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
craftsmen, reviewing of design and acceptance of the works of
art shall be the responsibility of the city commission. The
city commission shall prescribe the maintenance, planning,
public education and curatage for all works of art required
by the program.
(b) Prior to the performance of the foregoing and the
expenditure of funds appropriated for the acquisition of a
work of art for a project, the City Manager and the art in
public places committee shall make an administrative
recommendation to the city commission regarding the selection
of a work of art intended to be acquired by this program.
The city manager shall supervise the negotiation and
execution of appropriate contracts to acquire each approved
work of art.
Section 4A-5 : Same--Art-in-public places committee
established.
An art-in-public places committee is hereby established whose
members shall initially be composed of 5 members appointed by
a majority of the entire City Commission. The term of office
is two years; however , two members shall serve initial terms
of one year . Any vacancy shall be filled by the Mayor for
the unexpired terms. The members shall possess a high degree
of competence in the evaluation of art history and
architectural history, art, architecture, sculpture,
painting, artistic structural design and other appropriate
art media for display or integration in public places. A
member of the committee may be removed by the city commission
or city manager for cause after a proper hearing.
Section 4A-6 : Powers, duties and purposes of the committee.
The art-in-public-places committee will screen submissions
and will recommend to the city commission the selection of
existing works of art or new commissions for the fulfillment
of Section 1 above. In each instance, the City will acquire
title as well as all copyright, patent and other production
rights of each work of art acquired. The committee shall be
responsible for managing the reproduction rights of each
acquisition.
Section 4A-7 : Personnel.
Subject to budget limitations, the city manager shall provide
adequate and competent clerical and administrative personnel
as may be required by the committee for the proper
performance of its duties.
Section 4A-8. Legal counsel.
The City attorney' s office shall provide legal services to
the committee as may be necessary and requested by the
committee.
Section 4A-9 : Committee solely liable for obligations .
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 cost of such acquisition and
all costs associated with such acquisition shall not be an
obligation, liability or debt of any kind or nature of the
City. Exclusive of the costs approved by the city commission
as set forth in this section for the acquisition of a work of
art, no obligation, liability or debt of any kind or nature
whatsoever incurred or asserted against the committee shall
in any manner whatsoever be an obligation or liability of the
City .
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
Section 2: Severability.
If any article, section, subsection, sentence, clause or phrase or
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 3 . Inclusion in Code.
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 the City of Miami Beach, Florida. The
sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed
to "section, " "article, " or other appropriate word.
Section 4 . Effective date.
This ordinance shall take effect ten (10) days after its adoption,
on _Nay 26 , 1984 .
PASSED and ADOPTED this 16th day of May ,
1984 . `J2-7 `----
MAYOR
ATTEST:
411 --- ,
4
CITY CLERK ---' —_-
1st Reading - May 1984
2nd Reading - May 16, 1984
(REQUESTED BY MAYOR MALCOLM H. FROMBERG)
RESR/jhd
574E
FORM APPROVED
LEGAL DEPT.
By
Date 5709/
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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