Ordinance

Ordinance

ORDINANCE NO. 2000-227

AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, PERTAINING TO ART IN PUBLIC
PLACES; AMENDING THE TITLE OF CHAPTER 4, CITY OF TAMPA CODE, BY CHANGING THE TERM
"ART IN PUBLIC PLACES" TO "PUBLIC ART" AND WHEREVER THE TERM
APPEARS IN THIS CHAPTER; AMENDING THE TITLE OF ARTICLE II OF THIS CHAPTER BY
CHANGING THE TERM "PUBIC ART COMMITTEE" WHEREVER THE TERM APPEARS IN THIS CHAPTER; AMENDING
SECTION 4-27 BY CHANGING THE COMPOSITION OF THE Public Art COMMITTEE; CREATING SECTION
4-30(9) BY AUTHORIZING THE COMMITTEE TO ADOPT RULES AND REGULATIONS, INCLUDING THE
CREATION OF SUBCOMMITTEES, TO IMPLEMENT THIS CHAPTER; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.

This Ordinance was passed and ordained by the City Council on August
31, 2000.  The changed portions of the Chapter 4 are included below in their current
form.  Old terminology has been deleted.

Chapter 4  Public Art

ARTICLE I.  IN GENERAL

Sec. 4-1.Intent.

The intent of this chapter is to establish a policy for the city, in
keeping with the vitality for which it is nationally recognized, and in order to enhance
its aesthetic environment, to encourage private developers/owners of commercial properties
to commission a piece of art for each new development or mall or structure or, in lieu
thereof, to donate monies to the city for Public Art. The private developers/owners should
be inspired to invest time, effort and money into the art displayed on their sites,
recognizing that the art not only will become integral, lasting components of the
cityscape but will be of intrinsic value to their developments. Further, the city,
desiring to expand public experience and exposure to culture through various art forms and
to enhance the appearance of public facilities and improve the environment of the city on
behalf of its citizens, intends to provide for the incorporation of visual art in the
design and construction of public facilities within the city.

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Sec. 4-2.Definitions.

The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:

Commercial structure means any building or structure, all or part of
which is to be used as an auditorium, private convention center, professional or
commercial office, bank, private library (other than school), manufacturing plant,
factory, assembly plant, processing plant, mill, warehouse, shopping mall, store, shop,
market, hotel, storage building, freight depot, and private automobile parking structure
which is not connected to or incorporated in other structures.

(1)"Commercial
structure" shall include that developmental project which involves more than one (1)
phase of construction.

(2)"Phase" shall
mean that portion of a developmental project which represents a completed portion of the
entire commercial structure.

Construction costs means the total value of the construction of, or
reconstruction work on, commercial structures as determined by the chief building
inspector in issuing a building permit for the construction or reconstruction. Relative to
a municipal construction project, construction costs shall include architectural and
engineering fees, site work and contingency allowances. It 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.

Municipal construction project means any project to be paid for wholly
or in part by the city, regardless of the source of the monies, to construct, remodel or
reconstruct any public buildings, decorative or commemorative structures, parking
facilities and parks, or any portion of any of such buildings, structures, facilities or
parks, belonging to the city within its geographical boundaries as they now exist or shall
exist in the future.

Reconstruction means alterations or repairs made to a commercial or
municipal structure within any twelve-month period, which alterations or repairs exceed
fifty (50) percent of the value of the existing structure, so that such structure is
required to conform to the requirements for new buildings pursuant to chapter 5 of this
Code.

Works of art or artworks means tangible creations by artists exhibiting
the highest quality of skill and aesthetic principles, including but not limited to
paintings, sculptures, stained glass, statues, bas reliefs, engravings, carvings,
frescoes, mobiles, murals, collages, mosaics, tapestries, photographs, drawings, monuments
and fountains.

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Sec. 4-3.Public
Art fund.

(a)There is hereby created
a Public Art fund which shall be a separate account set up by the city to receive monies
appropriated for the Public Art program and shall consist of the following:

(1)One (1) percent of the
construction cost of a municipal building project as bid, contracted and accepted by the
city. Unexpended monies in this fund may be used for works of art at existing public
properties and facilities as deemed appropriate by the Public Arts committee as
established in this chapter.

(2)All funds donated to
the city by private developers/owners or by others.

(3)Other funds allocated
by the City through the budgetary process.

(b)The Public
Art fund
shall be used solely for the selection, commissioning, acquisition, installation,
maintenance, administration and insurance of the works of art or in relation thereto; and
such funds shall be administered by the mayor.

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Sec. 4-4.Appropriations of funds.

(a)All appropriations for
municipal construction projects shall include an amount of not less than one (1) percent
of the construction cost of a municipal building project as bid, contracted and accepted
by the city, but not to exceed the sum of two hundred thousand dollars ($200,000.00) for
any single municipal building project; provided that the Public Arts committee may
recommend to the mayor an increased expenditure for those projects of exceptional size or
unique function, however, in no event shall the appropriation exceed one (1) percent.

(b)The Public
Art
committee shall recommend to the mayor the amount of monies to be allocated for selection,
commissioning, acquisition and installation of individual works of art to be incorporated
as a part of the municipal construction project for which the monies were appropriated.

(c)Monies appropriated
pursuant to this section as part of one (1) such project but not spent in connection with
the project may be utilized to supplement other appropriations for the acquisition of
works of art or to place works of art in, on or near either city facilities which have
already been constructed or city properties.

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Sec. 4-5.Commercial construction
participation.

(a)Any private
developer/owner who applies to the city for building permits to construct or reconstruct a
commercial structure shall be encouraged to commit one (1) percent of construction or
reconstruction costs up to but not limited to the sum of two hundred thousand dollars
($200,000.00) to the provision of fine art in conjunction with such commercial structure.

(b)Those private
developers/owners constructing commercial structures, to be accomplished in phases, need
contribute only one (1) percent of construction or reconstruction costs up to but not
limited to two hundred thousand dollars ($200,000.00) for the entire phased project.

(c)If the private
developer/owner constructing or reconstructing a commercial structure does not wish to
have fine art in conjunction therewith, he may donate to the city an amount equal to the
percentage of the construction cost of the commercial structure as a charitable donation.

(d)Each building permit
issued by the city to any such private developer/owner will include data relative to the
private developer/owner participating in the Public Art program in the city.

(e)Any building permit for
construction or reconstruction of a commercial structure shall be reported to the
Public Art committee.

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Sec. 4-6.Ownership and maintenance.

(a)Ownership of all works
of art acquired by the city shall be vested in the city which shall obtain title to each
work of art.

(b)Artists, as a part of
any contractual agreement with the city for the provision of a work of art, shall be
required to submit to the Public Arts committee a "Maintenance and Inventory
Sheet," including annual cost projections, which details the maintenance and ongoing
care of the artwork.

Secs. 4-7--4-25.  Reserved.

ARTICLE II.  PUBLIC ART COMMITTEE

Sec. 4-26.Created.

There is hereby established a committee to be known as the
Public Art
committee.

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Sec. 4-27.Composition;
appointment; term of office.

(a)The Public
Art
committee shall be composed of seven (7) members who shall be residents of the city and
who shall be appointed by the mayor. Each member of the committee shall be appointed for a
term of four (4) years, and no member shall serve for more than two (2) terms. Whenever a
vacancy shall occur, a successor shall be appointed in 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 chairman of the committee shall be
automatically removed; and the vacancy shall be filled as herein prescribed. The committee
shall be composed of the following members:

(1)One (1) city council
member;

(2)One (1) Arts Council of
Hillsborough County member, or designee;

(3)One (1) landscape
architect, architect, urban planner, or related design professional;

(4)One (1) active
professional artist, and;

(5)Three (3) private
citizens, knowledgeable in the field of Public Art, education or community affairs.

(b)Serving as ex officio
members shall be the Director of Arts and Cultural Affairs and the Director of the Tampa
Museum of Art.

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Sec. 4-28.Compensation.

Members of the Public Art committee shall not be entitled to
compensation; provided that all members shall receive reimbursement for parking in city
garages and for mileage for any board-related business except travel to and from regularly
scheduled and specially called board meetings. Such reimbursement shall be consistent with
city policy.

Sec. 4-29.Organization; conduct of
meetings; legal counsel.

(a)Organization. The
presence of four (4) or more members of the Public Art committee shall constitute a
quorum.

(b)Conduct of meetings.
The Public Art committee shall adopt rules for governing the conduct of its meetings in
accordance with the provisions of this chapter, and specifically:

(1)The
officials of the committee shall be a chairman, a vice-chairman and a secretary who have
been elected by the committee. The only limitation on the number of terms of office to
which these officials may be elected is the limitation of the number of terms each member
of the committee may serve.

(2)The chairman of the
committee may call meetings of the committee. Meetings may also be called by written
notice signed by at least three (3) members of the committee.

(3)The committee shall
convene no less frequently than once every month, unless deemed unnecessary by the
chairman with concurrence, either written, in person, or telephonic, of a majority of the
members of the committee. The committee may meet more often, should the demand
necessitate.

(4)The committee may, at
any meeting, set a future meeting date.

(5)Minutes shall be kept
of all meetings, including the vote of each member upon each action by the committee.

(6)The city shall furnish
administrative support and office space for the purpose of assisting in the implementation
of recommendations and advice of the committee, including the employment of an
administrator and other staff members, as required.

(7)Any policy decision
requiring approval by the committee shall be by motion and approved by a majority of those
members present and voting, except that at least four (4) members must vote for the action
to be official.

(c)Legal counsel. The
legal department shall provide legal counsel as may be reasonably required by the
committee for the performance of its functions.

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Sec. 4-30.Purpose, functions and
responsibilities.

The purpose, functions and responsibilities of the Public Art committee
are as follows:

(1)The committee shall
prepare implementation guidelines, selection procedures and organizational policies to
facilitate this chapter, subject to the approval of the mayor.

(2)The committee shall be
responsible for program planning; designating sites; determining project scope and budget;
overseeing the artist selection process; commissioning artworks; reviewing design,
execution and placement of artworks; and overseeing maintenance of the artworks and the
process for removal of artworks from the city's Public Art collection.

(3)The committee, acting
on behalf of the mayor, shall invite professionals in the visual arts and design fields to
serve in the artist selection process in order to ensure works of highest quality, or to
assist in the determination or artistic merit of works of art offered to the city as
donation or for purchase. The committee shall also ensure appropriate community
participation in this process and public education activities as part of the
Public Art
projects.

(4)The committee shall
coordinate, investigate, review and recommend to the mayor other means by which artworks
may be obtained, including donations to the Public Art fund, gifts of artwork, and grant
applications for Public Art projects.

(5)The committee shall act
as liaison with private developers to encourage and facilitate private contributions and
private art installations within corporate construction and reconstruction projects.

(6)The committee shall
encourage Public Art throughout the city and shall educate and stimulate the participation
of all citizens in a joint public and private effort to promote art in public places.

(7)Prior to the selection
and commissioning of artists, reviewing of design and the recommendation of the acceptance
of works of art relative to municipal construction projects, the committee shall submit
the action proposed to be taken to the mayor for approval.

(8)The committee shall
record, over the chairman of the committee's signature, its recommendations on each matter
considered.

(9)The committee shall
adopt rules and regulations, including the creation of subcommittees, to implement this
chapter.

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