§ 78-133. Public projects.

(a)

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

(1)

Eligible public projects subject to the public art assessment shall be:

(i)

Any public building, facility or structure which permits public occupancy of all or a portion thereof, including but not limited to fire stations, police stations, and public community centers.

(ii)

Any vertical construction within a public park or recreation facility.

(iii)

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

(2)

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

(i)

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

(ii)

Any public utility project, including water, waste water and stormwater projects.

(iii)

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 and the art in public places coordinator.

(iv)

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

(v)

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

(vi)

Any acquisition of land.

(vii)

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

(viii)

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

(b)

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

(c)

Process . For eligible projects, the art in public places committee shall recommend, for approval by the city commission, whether the public project should include a work of art or historic or cultural element. If approved by the city commission, the art in public places committee shall, with the assistance of city staff, conduct a call to artists, request 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 committee shall not recommend works or art for installation on public property which cannot be reasonably maintained within the resources allocated by the city. The city commission shall have the final decision of the selection of the artist and/or the selection of the artwork. If the assessment from a 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 commission so determines, the public art assessment from a public project shall 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 commission.

(d)

Ownership and maintenance. All artwork acquired pursuant to this articled shall be titled in the name of the city. Artwork installed on city property shall be owned by the city. The city shall be responsible for maintaining its artwork.

(Ord. No. 4635-16, § 1, 5-9-2016; Ord. No. 4754-17, § 7, 2-12-2018)