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HomeMy Public PortalAboutOrdinance 433 Amending Ch. 2 adding Art. 12 Appointment of PACTOWN OF FRASER ORDINANCE NO. 433 SERIES OF 2016 AN ORDINANCE AMENDING CHAPTER 2 OF THE FRASER MUNICIPAL CODE BY ADDING ARTICLE 12, PROVIDING FOR THE APPOINTMENT OF A PUBLIC ART COMMITTEE, SETTING FORTH THE ELIGIBILITY REQUIREMENTS AND TERMS OF OFFICE FOR MEMBERS OF THE COMMITTEE, AND DELEGATING CERTAIN RESPONSIBILITIES THERETO. WHEREAS, the Board of Trustees believes that the community's values and general image are communicated and demonstrated best through public art; and WHEREAS, the Board of Trustees has determined that the establishment of a Public Art Committee for the purpose of reviewing issues and making recommendations to the Board on matters related to public art will promote policies to improve and enhance public space within the Town's limits. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE Chapter 2 (Administration) of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") is hereby amended by the addition of a new Article 12, which shall read as follows: ARTICLE 12 Public Art Committee Sec. 2-10-10. Creation. There is hereby created a Public Art Committee for the Town, which shall also be known as the PAC (hereinafter referred to as "Committee" in these rules of procedure), composed of a minimum of five (5) and a maximum of seven (7) members, who may perform all functions currently or hereinafter authorized by this Article and future ordinances adopted by the Board of Trustees. Sec. 2-10-20. Members. (a) Committee members shall be appointed by the Board of Trustees. All members of the Committee may be compensated as established by a Resolution of the Board of Trustees. (b) The Board of Trustees may appoint ex officio members to the Committee who shall not have any voting rights. Sec. 2-10-30. Terms. The term of Committee members shall be two years. Committee members may be re -appointed to the Committee for consecutive terms. Sec. 2-10-40. Responsibilities. (a) The Committee shall act in an advisory capacity to the Board of Trustees as requested by the Board of Trustees and Town Manager. (b) The Committee is authorized to explore matters related to all aspects of planning, programming, procurement, installation, operations, and maintenance of public art projects and artworks in the Town of Fraser and make recommendations to the Board of Trustees and Town Manager. (c) The Committee shall hold at least one (1) regular meeting each quarter. A quorum is not required to hold a meeting. No vote or recommendation to the Town Board shall take place without a quorum. Sec. 2-10-50. Chairperson. The Committee shall elect a Chairperson from among the members. The term of the Chairperson shall be one (1) year with eligibility for reelection. Sec. 2-10-60. Eligibility. (a) All members of the Committee shall be bona fide residents within the Fraser Recreation District Boundaries, or own property within the Town, or have at least 10% ownership interest in a business that owns property within the town, or hold a management position with a business located in Fraser. Committee members should provide a broad representation from the community and interest in promoting the best interests of the Town and the surrounding community; be objective and thoughtful. (b) Committee members shall have higher education, expertise or experience in visual and performing arts or in related areas. Sec. 2-10-70. Resignation, Removal, and Vacancy from Committee. (a) Any member of the Committee may resign by providing written notice to the chairperson of the Committee. (b) Members of the Committee may be removed, by Resolution of the Board of Trustees for inefficiency, neglect of duty or malfeasance in office. The Mayor or the Board of Trustees, as the case may be, shall file a written statement of reasons for such removal for consideration by the Board of Trustees. (c) Any vacancy on the Committee, whether through the tender of resignation, expiration of the term, or removal by the Board of Trustees, shall be filled by Trustees by appointment at a regular Board meeting. Sec. 2-10-80. Expenditures and employees. The Committee is not authorized to hire any employees or expend any Town Funds. The Town Manager will assign staff and make other resources available as he or she deems appropriate. -2- PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS tat DAY OF V-V\L,� 2016. Votes in favor: (c Votes opposed: 0 Votes abstained: 6 y�N OF F\ r (S E A L) SEAL COLORAOO� BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Philip'Vandernail, Mayor ATTEST: Lu Berger, Town Clerk Published in the Middle Park Times on .,,)o Icy -3-