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Public Places" is hereby repealed in its entirety.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
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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
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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
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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,
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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
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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
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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
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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.
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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
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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
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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
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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 .
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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:
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(14 j6.0.6.1
CITY CLERK
1st reading 3/15/95
2nd reading 4/5/95
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FORM •.•PR• ED
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OFFICE OF THE CITY ATTORNEY
624
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F L O R I D A
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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
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