§ 162.12. Public art assessment for public construction projects and inclusion of art on public construction projects.

1.

Eligibility. All appropriations and authorizations for the new construction, renovation, or remodeling of eligible public improvements by the city must include an amount of not less than one percent (1%) of total construction costs to be deposited in the art in public places fund.

a.

Eligible public projects subject to the public art assessment are any public building, facility, or structure which permits public occupancy of all or a portion thereof, including but not limited to police stations, office buildings, recreation and community centers.

b.

A sidewalk, pedestrian or bicycle path project where sufficient location, spaces, utilities and other elements to accommodate public art exist, as determined by engineering and planning staff.

c.

Ineligible public improvements that are not subject to the public art assessment are:

i.

Any road project, including but not limited to construction, resurfacing, curbing, drainage, striping, lighting and signalization.

ii.

Any public utility project, including water, wastewater and storm water projects.

iii.

Any electrical and communication substations and switching houses.

iv.

A streetscape, sidewalk, pedestrian or bicycle path project where there is not sufficient space, utilities and other elements to accommodate public art, as determined by engineering and planning staff.

v.

Any public building, facility, or structure which is not accessible to the public.

vi.

Any project funded by a revenue source which by law cannot be utilized for the acquisition of works of art.

vii.

Any acquisition of land.

viii.

Any eligible public construction project where the city council determines the project appropriation cannot accommodate the art assessment, or the assessment will result in a cost overrun.

ix.

Any project constructed using federal funds which cannot be utilized for public art.

x.

Public construction projects outside of the geographical boundaries of the city.

2.

Budget. For eligible projects, an estimate of the public art assessment must be calculated, included and detailed in the project budget. At the start of the fiscal year, or after adoption of a project budget amendment, the public art assessment will be transferred to the art in public places fund.

3.

Process. For eligible projects, the public art advisory board shall recommend, for approval by the city council, whether the public project should include a work of art. If approved by the city council, the public art advisory board, with the assistance of city staff, shall conduct a call to artists, requests for proposals or direct invitation for proposals for works of art to be incorporated into the project within the budget and in compliance with the art in public places master plan. The board shall not recommend works of art for installation on public property which cannot be reasonably maintained within the resources allocated by the city. The board shall review the proposed artwork based on the criteria established in section 162.05 and shall recommend to the city council whether to approve, deny, or approve with conditions the selection and location of the artwork with sensitivity to the aesthetic and cultural traditions and the history of the city and to the character of the surrounding neighborhoods. The city council shall have the final decision of the selection of the artists and/or selection of the artwork. If the assessment for a particular public project is not sufficient to acquire a work of art which would comply with the master plan or be appropriate for the city, or if the city council determines, the public art assessment from a public project must be deposited into the art in public places fund and may be pooled with other such funds for the acquisition of a work of art for display at another city facility, in compliance with the public art master plan and at the time and place determined by the city council.

4.

Ownership and maintenance. All artwork acquired pursuant to this section must be titled in the name of the city. The city is responsible for maintaining its artwork.

(Ord. No. 18-67, § 1, 12-10-18)