HomeMy Public PortalAbout2001-14 Amending the Village Code by Creating an Art-In-Public-Places BoardORDINANCE NO. 2001-14
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
CREATING AN ART -IN -PUBLIC -PLACES PROGRAM,
CREATING AN ART -IN -PUBLIC -PLACES BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AS FOLLOWS:
Section 1. That the Art -in -Public -Places program and the Art -in -Public -Places Board of the
Village of Key Biscayne, Florida, is hereby created by adopting an Art -in -Public -Places Ordinance,
to read as follows:
WORKS OF ART IN PUBLIC PLACES:
1. Art -in -public -places program:
(a) Appropriation for construction to include amount for works of art: The
Village of Key Biscayne, Florida, shall provide for the acquisition of works
of art equivalent in value to not less than one and one-half (1'/2) percent of the
construction costs of new governmental buildings, provided that no funds
may be appropriated for this purpose from the ad valorem tax operations
fund. To the extent the total appropriation is not used for the acquisition of
works of art for said buildings, the remainder may be used for:
(1) Program administrative costs, insurance costs or for the repair and
maintenance of any works of art acquired under this section; or
(2) To supplement other appropriations for the acquisition of works of art
under this section or to place works of art in, on, or near government
facilities which have already been constructed.
(b) Definitions. For the purpose of this section, the following terms are hereby
defined:
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(1) Works of art is defined as the application of skill and taste to
production of tangible objects, according to aesthetic principles,
including, but not limited to, paintings, sculptures, engravings,
carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-
reliefs, tapestries, photographs, lighting designs and drawings.
(2) Construction cost is defined to 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.
2. Art -In -Public -Places Board. There shall be an Art -in -Public -Places Board to
administer the program.
(a) Purpose. The Art -in -Public -Places Board shall act in the public
interest upon all matters relating to the program and shall support the
program's goals and objectives. The Board's responsibilities include
recommendations to the Village Council for the selection,
maintenance, planning, and curating of all works of art acquired by
the Village. The Board's responsibilities also include the selection,
maintenance, planning, and public education regarding and curating
of all works of art to be loaned to the Village.
(1) Membership; qualifications. The Board shall be composed of
seven (7) members appointed by the Mayor, with the approval
of the Council, as provided by the Charter, at section 2.02.
Each Board member shall be appointed to a term of two (2)
years, more or less, commencing the first Tuesday after the
first Monday of November of each odd -numbered year,
except for the initial Board, the membership of which shall be
appointed and approved as prescribed by the Village Charter,
commencing promptly after the effective date of this
Ordinance. If a vacancy occurs prior to the expiration of a
Board member's term, another appointment shall be made to
fill the vacancy. Each Board member must be knowledgeable
in public art, must be a resident of the Village, and may not
operate, own or be employed by any art dealer, art gallery,
artists' representative, museum or other entity which derives
income from the sale or display of art work.
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(2) Term o� f 'office. No Board member shall serve more than eight
(8) consecutive years on the Board. Nothing shall prohibit
any individual from being reappointed to the Board after a
hiatus of two (2) years.
(3) Duties. The Board shall prepare written guidelines for
curatorial purposes of acquired works of art and loaned works
of art. The written guidelines shall not be effective unless and
until approved by the Village Council. In accordance with the
written guidelines, the Board shall recommend to the Village
Council which works of art should be acquired by the Village.
In accordance with the written guidelines, the Board shall
select which works of art or exhibits of works of art shall be
loaned temporarily to the Village.
3. Selections of works of art. All acquisitions will be in accordance with the written
guidelines approved by the Village Council. The Village Manager will negotiate and
execute appropriate contracts to acquire each approved work of art. Funds may be
aggregated to acquire works of art.
(1) Selection criteria. In the selection process for acquired works of art,
the following principles shall be observed:
a. Works of art shall be located in areas where residents and
visitors live and congregate and shall be highly accessible and
visible.
b. The Board and the Village Council should consider the
inherently intrusive nature of public art on the lives of those
frequenting public places. With respect to acquired works of
art, artworks reflecting enduring artistic concepts, not
transitory ones, should be sought.
c. Recommendations by the Board and selections by the Village
Council must reflect the cultural and ethnic diversity of the
Village without deviation from a standard of excellence.
d. Selections of acquired works of art shall also take into
account appropriateness to the site, permanence of the work
in light of environmental conditions at the site, maintenance
requirements, quality of the work, likelihood that the artist
can successfully complete the work within the available
funding, diversity of works already acquired by the Village,
diversity of the artists whose work has been acquired by the
Village.
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4. Written guidelines. The Board shall recommend and the Village Council shall adopt
and publish in the Village Council Agenda uniform written guidelines to govern the
manner and method of submission of proposed works of art for acquisition by the
Village. The Board shall recommend and the Village Council shall adopt and publish
in the Village Council Agenda uniform written guidelines to govern the manner and
method of submission of works of art for temporary display by the Village in public
spaces owned by the Village, which artworks shall be loaned to the Village from such
sources as may loan these artworks to the Village without charge. Purchases or
works of art shall be approved by the Village Council. Loans of works of art shall
be approved by the Board.
5. Ownership and Upkeep. With respect to both acquired works of art and works of art
temporarily loaned to the Village, the Art -in -Public -Places Board is charged with
making recommendations to the Village Council regarding the custody, supervision,
maintenance and preservation of works of art.
6. Personnel. The Village Manager shall provide adequate and competent clerical and
administrative support as may be reasonably required by the Board for the proper
performance of its duties, subject to budget limitations.
Section 2. Inclusion in the Code. It is the intention of the Village Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of
the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
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PASSED AND ADOPTED on first reading this 13th day of November, 2001.
PASSED AND ADOPTED on second reading this 27th day of November, 2001
,c
A H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL S
RICHARD JAY WEISS, VILLAGE ATTORNEY
103001\ordinances\art in public places
5
'OR JOE I. RASCO
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that she is the
VICE PRESIDEN1, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING FOR NOV. 27, 2001
in the XXXX Court,
was published in said newspaper in the issues of
11/16/2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
atta • - • copy of advertisement; and affiant further says that she
I : s ne.in r paid nor promise° any per:;on. firm or corpoeation
unt, rebate, commission or refund for the purpose
ng this adv ; isement for publication in the said
per.
to and subscribe • • -for- •• - this
(SEAL)
SOOKIE WILLIA
01
MARIA I. MESA
�� �Y MY COMMISSION It CC 885640
ly krPIRPB:rMQrch 4, 2004
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Bonded Thru Notary Public Underwriters
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinances will be considered
on Second Reading by the Village Council of the Village of Key Biscayne
at a meeting to be held on Tuesday, November 27, 2001 at 7:00 p.m., in
the Council Chamber, located at 85 West McIntyre Street, Second Floor,
Key Biscayne, Florida: -
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR THE VILLAGE TO OPT OUT OF
AND EXEMPT ITSELF FROM THE REQUIREMENTS OF SEC-
TION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE CON-
CERNING CONE OF SILENCE REQUIREMENTS RELATED
TO PURCHASING TRANSACTIONS;, PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVID-
ING FOR EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY CREATING
AN ART -IN -PUBLIC -PLACES PROGRAM, CREATING AN
ART -IN -PUBLIC -PLACES BOARD; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR INCLUSION IN CODE; PROVID-
ING FOR AN EFFECTIVE DATE.
The proposed Ordinances may be inspected by the public at the Office
of the Village Clerk. Interested parties may appear at the Public Hearing
and be heard with respect to the proposed Ordinance. Any person wish-
ing to address the Village Council on any item at this Public Hearing is
asked to register with the Village Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, all per-
sons who are disabled and who need special accommodations to -partici-
pate in this proceeding because of that disability should contact the Office
of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne,
Florida 33149, telephone number(305) 365-5506, not later than two busi-
ness days prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made-iricluding all
testimony and evidence upon which any appeal may be based`(F.S.,
286.0105).
Comments of any interested party relative to this matter may submit-
ted in writing and or presented in person at the public hearing„
Conchita H. Alvarez, CMC
Village Clerk
11/16 - 01-4-62/214369M'