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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: I (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. 2 (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. 3 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. 4 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 �, � 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'