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Ordinance 95-2985 ORDINANCE NO. 95-2985 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CITY CODE CHAPTER 4A, ENTITLED "ART IN PUBLIC PLACES" CREATING A NEW CHAPTER 4A, ENTITLED "ART IN PUBLIC PLACES" , PROVIDING REGULATIONS PERTAINING TO THE COMPOSITION, MEMBERSHIP REQUIREMENTS AND POWERS AND DUTIES OF THE ART IN PUBLIC PLACES COMMITTEE; PROVIDING FOR THE ESTABLISHMENT OF AN ART IN PUBLIC PLACES FUND AND PROVIDING REGULATIONS FOR ITS USE; PROVIDING PROCEDURES AND REGULATIONS FOR THE APPROPRIATION OF MONIES TO SAID FUND BY THE CITY AT THE TIME OF APPROPRIATION OF CITY FUNDS FOR CITY-OWNED CONSTRUCTION PROJECTS; PROVIDING PROCEDURES FOR SELECTION OF ART WORK TO BE LOCATED ON PUBLIC PROPERTY OR PUBLIC FACILITIES WITHIN THE CITY AND PROCEDURES FOR THE SELECTION OF SITES FOR LOCATION OF SAID ART WORK; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the provisions of this Ordinance will improve the City' s ability to utilize funds appropriated for art in public places to enrich the public environment throughout the City of Miami Beach. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . REPEAL OF MIAMI BEACH CITY CODE CHAPTER 4A. That Chapter 4A of the Miami Beach City Code entitled "Art in Public Places" is hereby repealed in its entirety. SECTION 2 . CREATION OF A NEW CITY CODE CHAPTER 4A. That a new Miami Beach City Code Chapter, 4A is hereby created to read as follows : CHAPTER 4A ART IN PUBLIC PLACES Sec . 4A-1 . Intent of Chapter. It is the intent of this Chapter to enhance the aesthetic environment of the City of Miami Beach by including works of art on public property within the City and in City construction projects . Sec. 4A-2 . Definitions . For purposes of this Chapter, the following words and phrases shall have the following meanings : Art in Public Places - Work (s) of art of exceptional quality executed on an appropriate scale and for general public access in public places other than museums which enrich and give diversion to the public environment . Art in Public Places The Committee appointed by the City Committee (APPC) - Commission to carry out the duties and functions set forth herein. Construction Cost - costs associated with construction 2 including architectural and engineering fees, site work, and contingency allowances . Land acquisition costs and costs associated with subsequent changes in construction contracts are not included. Construction Project - Any capital project for new City-owned (City-owned Construction Project) building construction or for additions to existing City-owned building, paid for wholly or in part by the City of Miami Beach. Professional Advisory A group of arts professionals selected by Committee (PAC) - the APPC and confirmed by the City Commission to recommend Work (s) of Art or artists for one or more acquisitions . Work (s) of Art - 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 3 drawings . or combinations thereof , and artist-designed public spaces and functional elements , either as integral parts of a larger project or as a separate entity. Sec. 4A-3 . Art in Public Places Fund established. The City of Miami Beach Art in Public Places Fund shall be established to consist of the following: (a) Monies appropriated to the Fund by the City Commission in accordance with Section 4A-4 herein. (b) Monies which may be donated to the Fund by private individuals and organizations . (c) Monies which may be received by the City from award of federal or state grants for the acquisition or maintenance of Work (s) of Art on public property or at public facilities in the City of Miami Beach. Sec . 4A-4 . Appropriations by the City to the Fund. (a) All appropriations of City funding for Construction of City-owned Projects, including construction of new buildings and/or public facilities or additions to existing structures , shall 4 9 include an appropriation of funds to the City of Miami Beach Art In Public Places Fund. For new construction the amount shall not be less than one and one-half percent (1 1/2%) of the Construction Cost of the proposed project . The appropriation to the Fund shall be made at the same time as the appropriation of funding for the Construction Project . (b) For City projects which also involve participation by persons and entities other than the City, the required appropriation shall be based solely upon the City-funded portion of the Construction Cost . (c) If the City Commission determines that a particular project is not an appropriate site for Work (s) of Art , it may waive the required appropriation by resolution, or alternatively may elect to waive a portion of the appropriation and place the remaining portion in the Fund. In making this determination, the City Commission shall consider the recommendation of the APPC. (d) When a project site has been determined to be an appropriate site for Work (s) of Art, appropriations made in connection with a particular Construction Project need not be used for Work (s) of Art to be located on the site of that particular project . A portion of the appropriation for a particular construction site may be utilized for Work (s) of Art for that site, 5 with the remainder of the appropriation then being placed in the Fund for use at another site, or the entire appropriation may be placed in the Fund. Selection of alternative sites, allotment of appropriation for acquisition of Work (s) of Art for particular sites and selection of Work (s) of Art shall be determined by the APPC and approved by the City Commission. Sec. 4A-5 . Permitted use of Fund monies . Monies placed in the Art in Public Places Fund shall only be used for the following purposes : (a) Acquisition of Works of Art to be located on public property in the City of Miami Beach or located on public facilities within the City of Miami Beach in accordance with the procedures in Sections 4A-10 and 4A-ll herein. Property selected as a site for the location of Work (s) of Art pursuant to this Chapter may include both new construction sites and sites of existing buildings on public property or on/in public facilities or public parks . (b) Insurance and/or maintenance of existing Works of Art acquired by the City in accordance with a yearly budget for such insurance and/or maintenance to be approved by the City Commission. The City Manager and APPC shall provide the City Commission with a 6 yearly recommendation regarding this budget . (c) Expenses relating to the following: 1) research and evaluation by the Committee pertaining to proposed Works of Art including opinions when necessary from outside experts and/or professional advisory committees; 2) expenses related to art contests sponsored by the APPC in connection with acquisitions of Works of Art, including related printing and distribution expenses; 3) administrative expenses relating to the operations of the APPC, including but not limited to supplies and equipment for the keeping of minutes and printing and distribution of Board Agendas and correspondence; 4) travel expenses, at the rates used City-wide and approved in advance by the City Manager. All such expenses shall be approved as part of the yearly budget for the Fund by the City Commission after considering the recommended budget submitted by the City Manager and APPC. Sec. 4A-6 . Art in Public Places Committee (APPC) . (a) An Art in Public Places Committee (APPC) is hereby established to carry out the functions and duties set forth in Section 4A-7 . The Committee shall be composed of six (6) members appointed by a majority vote of the entire City Commission. The members shall possess a high degree of competence in the evaluation 7 of art history, architectural history, art , architecture , sculpture, painting, artistic structural design and other appropriate media for display or integration of Art in Public Places . (b) The term of office for Committee members shall be two (2) ears . Vacancies occurrin. before the ex.iration of a term shall be filled by the Mayor for the remainder of that term. Members shall also be subject to automatic removal for excessive absence as provided by City of Miami Beach Resolution No . 92-20514 . (c) The Committee shall follow the procedures set forth in Resolution No. 92-20514 for conduct of Committee meetings, election of officers and periodic reporting to the City Commission. Sec . 4A-7 . Powers and Duties . The Art in Public Places Committee shall have the following powers and duties : (a) To recommend to the City Commission whether a particular proposed Construction Project is an appropriate site for Work (s) of Art and whether all or a part of the appropriation required by Section 4A-4 should be waived. (b) To screen submissions and to select existing Work (s) of Art or to determine whether to commission new Work (s) of Art for 8 the fulfillment of the requirements of this Chapter for Art in Public Places within the City of Miami Beach. (c) To conduct contests and competitions in order to select Work (s) of Art to be recommended for particular sites . (d) To recommend a PAC to advise the APPC and City Commission regarding selection of particular Work (s) of Art for a project or site . (e) To be responsible for managing the reproduction rights to each acquisition subject to policies established by the City Commission. (f) To recommend and oversee the maintenance and insurance necessary to preserve and protect acquisitions . Lgj To make a recommendation to the City Commission regarding proposed projects which include art and to participate in the planning of such projects . (h) To recommend legislation concerning art in the City of Miami Beach. (i) To perform all other duties and functions as requested by the City Commission. 9 4A-8 Legal counsel . The City Attorney' s Office shall provide legal services to the APPC as may be necessary or as requested by the APPC. 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 chapter for the acquisition of a Work (s) 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. Sec. 4A-10 . Procedures for site selection. (a) The Committee shall evaluate each proposed City Construction Project to determine its suitability as a location for Work (s) of Art . In making its determination the following factors will be considered: (1) Appropriateness of the building as a location for 10 Work (s) of Art . (2) Physical layout of the building on the site . (3) Exposure to the public . (b) Additionally, the APPC shall establish a list of existing City-owned sites which it considers appropriate sites for Work (s) of Art . The criteria in paragraph (a) shall be used in evaluating potential sites . Sec . 4A-11 . Selection of artists and Works of Art. (a) When the Committee recommends a particular City construction project or existing site as being appropriate for 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 artists are invited 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. Artists may be asked to submit slides of their past work, resumes, letters of intent related to the specific project or specific 11 proposals for the project under review. (2) Limited entry competition: A limited number of artists are invited to compete as set forth in paragraph (1) of this Section. (3) Direct selection of the Artist : An artist or several 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 . (b) In the case of a limited competition or a 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 APPC 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 Art in Public Places allocation for a project should be paid in proposal fees to artists . (c) The Committee may recommend the appointment of a PAC to 12 } assist with selection of Work (s) of Art or artist (s) for a particular project . Selection of a PAC shall be by the APPC and confirmed by the City Commission. Reasonable expenses incurred by the PAC may be reimbursed from the Fund in accordance with rates approved in advance by the APPC and the City Manager. (d) The APPC shall consider the recommendations of the PAC in selecting Work (s) of Art for particular sites . (e) Selection of artists , sculptors, craftsmen, and PAC ' s , review of designs and choice and acceptance of Work (s) of Art shall be by the APPC and must have approval of the City Commission All agreements made pursuant to this Chapter shall be authorized by the City Commission. (f) In selecting/approving Work (s) of Art the APPC and/or PAC and City Commission shall consider the following criteria: 1 . Appropriateness to the site . 2 . Maintenance requirements . 3 . Ouality of the work. 4 . Likeliness that the artist can complete the work within available funding. 5 . Reflection of enduring artistic concepts, rather than transitory ones . 6 . History of the artist in terms of completion of works on time . 13 w SECTION 3 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE._ This Ordinance shall take effect on the 15th day of April , 1995 . PASSED and ADOPTED this 5th day ,ofl April , 1995 . ATTEST: 7•R_, OP (14 j6.0.6.1 CITY CLERK 1st reading 3/15/95 2nd reading 4/5/95 SWS:scf:6.0disk8\art-n-pp.ord FORM •.•PR• ED -pt. Date - Date s g-zg- 14 OFFICE OF THE CITY ATTORNEY 624 tysecavnie way • F L O R I D A * MI 8E a�\P�CS [.CORP tit LAURENCE FEINGOLD P O BOX O CITY ATTORNEY 4)CN26"\ MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305)673-7470 TELECOPY 1305)673-7002 COMMISSION MEMORANDUM NO. 220-9S DATE: April 5, 1995 TO: MAYOR SEYMOUR GELBER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER ROGER M. CAR ON FROM: LAURENCE FEINGOLD CITY ATTORNEY C RE: ART IN PUBLIC PLACES ORDINANCE The City Attorney' s Office has been working with the Administration and Art in Public Places Committee to create a new Art in Public Places Ordinance. The attached Ordinance requested by Commissioner Neisen Kasdin is the result of these efforts. The City' s current Ordinance, Chapter 4A of the City Code, requires that, for every new City construction project, an appropriation of 1 1/2% of the City' s construction costs be made for the provision of art work for location on the site of the project. This appropriation may be waived by resolution if the City Commission determines that the new building is not an appropriate site for art work. The City Commission selects the artists and art work for acquisition by the City. Prior to making these determinations, the City Commission considers the recommendation of the City Manager and of the City' s Art in Public Places Committee. The proposed new Ordinance retains the 1 1/2% appropriation requirement which is consistent with requirements of the Dade County Art in Public Places Ordinance. However, the new Ordinance allows for greater flexibility in the permitted uses of the appropriated funds. In keeping with the Dade County Ordinance, the proposed Ordinance creates an Art in Public Places Fund and allows AGENDA ITEM 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI DATE )4 -5-95 • • u� Q . 00 . a1 N }� I a) c • 4i w • a ar Ca u CO O U +--I -az as z w v u H U O •-1 O OH .0 O.., 2 U• q O H • d bD G •b rl N r-I r-I N •ri a .0 x