HomeMy WebLinkAbout19663 ORD - 02/24/1987AN ORDINANCE
AMENDING CHAPTER 2, ADMINISTRATION, OF THE CITY CODE, BY
CREATING A NEW SECTION 2-109, MUNICIPAL PUBLIC ART PROGRAM,
WHICH AUTHORIZES THE ALLOCATION OF CERTAIN FUNDS FOR ART IN
THE CONSTRUCTION OF PUBLIC WORKS, PROVIDES FOR REVIEW OF
SUITABLE CAPITAL PROJECTS AND FOR AN ARTIST SELECTION
PROCESS, AND ESTABLISHES A METHOD FOR CALCULATING ART
APPROPRIATIONS FOR CAPITAL PROJECTS; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Chapter 2, Administration, of the City Code, is
hereby amended by amending Division 6, Municipal Arts Commission, by adding
thereto a new Section 2-109, to be entitled Municipal Public Art Program, to
hereafter read as follows.
Sec. 2-109. Municipal Public Art Program.
A. Purpose.
The City of Corpus Christi accepts responsibility for expanding
the opportunities for its citizens to experience art in public
places. The City also recognizes the substantial economic
benefits to be gained through the enhancement of tourism. A
policy is therefore established to direct the inclusion of works
of art in certain City Construction Projects or other City owned
properties and to encourage the inclusion of works of art in
private developments in the City of Corpus Christi.
B. Definitions.
"Art Selection Panel" means a committee which may be established
by the Commission on an ad hoc basis to assist the Commission in
administering, procuring, or incorporating artwork with a
particular City Construction Project.
"Arterial Street" means streets identified as arterials in the
master transportation plan.
"City Construction Project" means any capital project paid for
wholly or in part by funds appropriated by the City Council of
Corpus Christi to construct or remodel a building, parking
facility, park, arterial street, sidewalk, or any portion
thereof.
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"Construction cost" means the total City -funded portion of a City
Construction Project less Demolition costs, Equipment costs, and
Real Property Acquisition costs.
"Demolition costs" means payments for any work needed for the
removal of buildings or other existing structures from City
property.
"Equipment costs" means payments for any equipment or furnishings
that are portable and of standard manufacture. Equipment shall
not mean items that are custom designed for, or that create a new
use for, a facility, whether portable or affixed.
"Real Property Acquisition costs" means payments made for the
purchase of parcels of land, existing buildings or structures,
and costs incurred by the City for appraisals or negotiations in
connection with such purchase.
"Visual Arts Committee" means a standing committee of the
Commission which reviews the suitability of artwork,
recommendations of Art Selection Panels, and monitors the
continued implementation of the Commission's procedures,
guidelines, and recommendations for the Municipal Public Art
Program. The Visual Arts Committee shall report directly to and
make recommendations to the Commission.
"Works of Art" or "Artwork" shall mean any form of original,
permanent creation of visual art which shall include, but not
limited to:
(a) Paintings of all media such as frescoes and murals;
(b) Sculptures, in any material or combination of materials, for
ornamentation or commemoration such as statutes, monuments,
fountains, arches, bas-reliefs, mobiles, or kinetic,
electronic, and neon sculptures; and
(c) Other forms such as inscriptions, stained glass, fiber
works, carvings, mosaics, photography, drawings, collages,
textile works, prints, or decorative or utilitarian crafts
utilizing clay, fiber, wood, metal, glass, stone, plastic,
and other materials.
03V.375.02.14
C. Funds for Works of Art.
1. Allocations. All allocations for funds for City
Construction Projects shall include an amount equal to one
and one-quarter (11) percent of the Construction cost, to be
used for the selection, acquisition, commissioning, and
display of works of art and any other associated costs such
as professional fees, community education, insurance,
curatorial services, identification, documentation and
publicity. If the source of funding, applicable law
governing any particular project, or the expenditure of such
funds precludes art as permissible expenditure, the amount
of funds so restricted shall be excluded from the
Construction cost, as defined herein, in determining the
amount to be allocated as provided herein. City
Construction Projects with a Construction cost of less than
fifty thousand dollars ($50,000) shall be excepted, and no
allocation shall be made on such projects. Concurrent with
the appropriation to fund a related City Construction
Project, the City Council shall appropriate the funds as
specified herein and request the Municipal Arts Commission
to appoint an art selection panel for the project. Separate
accounts shall be established whenever funds are required to
be used at a designated City Construction Project. Except
for the following City Construction Projects approved by
voter referendum on April 5, 1986, namely the Police Station
and Municipal Court Facility, Airport Terminal Interior:
Treatment of Ceilings and Lighting and Renovations of
Restrooms, Relocation of Fire Station #1, Development of
Unimproved Parkland, and the Recreation Center, which shall
be subject to the allocation for public art, all future
appropriations for City's Construction Projects previously
authorized by bond referendum prior to the effective date of
this ordinance shall be exempt from the allocation for
public art.
2. Grant Applications. From the effective date of this
ordinance, applications for capital projects to granting
authorities shall include, amounts for works of art as
specified herein, insofar as permissible by the granting
authority.
D. Uses of Funds.
Funds allocated in accordance with this ordinance may be used for
the selection, acquisition, purchase, commissioning, placement,
installation, exhibition or display of works of art. The works
of art shall be permanent, may be integral to the architecture,
or may be placed in, on, or about a City Construction Project or
other City property. To the extent practical, artist selection
should be concurrent with selection of the architect or designer,
to ensure integration of the artwork into the project
architecture.
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In the event that a particular City Construction Project is
deemed inappropriate for the placement of artwork by the
Municipal Art Commission, if not otherwise prohibited by law, the
funds appropriated for artwork shall be used at other more
appropriate public sites.
E. Municipal Arts Commission Responsibilities.
1. Program Administration. The Commission shall be responsible
for advising the City Manager and the City Council on all
aspects of the administration of the Municipal Public Art
Program, including establishing policies and guidelines,
designating sites, determining project budgets, selecting
artists and commissioning artworks, reviewing the design,
execution and placement of works of art and the removal of
works of art from the City collection.
The Commission shall also direct appropriate citizen
involvement in the selection process. Appropriate community
education activities should be a part of the placement of
artworks under this ordinance. Such activities may include,
but are not limited to, exhibitions, workshops, artist
residencies, dedications, and other programs designed to
insure public acceptance and enjoyment of the artworks.
2. Art Selection Panels - When requested by the Art Council the
Commission shall appoint Art Selection Panels to utilize
professionals in the visual arts and design fields'as part
of the artwork selection process to ensure artwork of the
highest quality. Each panel shall have voting and
non-voting members as prescribed by the guidelines and rules
of the Commission. The Art Selection Panels shall include
members of the Commission and others. It is within the sole
discretion of the Commission to select persons to be
appointed to an art selection panel.
3. Maintenance. The Commission shall require that any
recommended work of art needing extraordinary operation or
maintenance costs be accompanied with a fiscal note,
detailing such extraordinary costs. Maintenance of the
artwork under the various City department's care shall be
the responsibility of those departments, provided that, all
repairs and maintenance of artworks by City departments or
any other person or agency shall have the prior consultation
with the Commission.
Such repair and maintenance shall comply with any
contractual obligations which may have been entered into
upon the acquisition of those artworks. The Commission
shall, at least annually, conduct a survey of the entire
City -owned artwork collection. Such survey shall be
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submitted to the City Council and shall include a review of
the condition of each artwork in the collection and shall
contain recommendations for the care and maintenance of the
artworks, along with the estimated cost thereof. Annually,
the City Council shall make available such sums for the
maintenance of the City collections as it deems appropriate.
4. Gifts and Donations. The Commission shall have further
responsibility for reviewing and recommending for approval
any artworks proposed to be donated to the City. The
Commission shall establish such policies and guidelines as
may be appropriate to facilitate and encourage the donation
of works of art of high quality to the City.
5. Style. The public art program is not intended to support
exclusively works of art of any particular school, style,
taste or medium. The Commission shall ensure that, over
time, the City collection shall represent a broad range of
artistic styles, tastes and media.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall bemade one time in the official
publication of the City of Corpus Christi by publishing the caption stating in
substance the purpose of the ordinance, this ordinance to become effective upon
such publication.
03V.375.02.14
That the foregoing ordinance was read for the first time and passed to its
second reading on this the.21/,C. day of , 19 P7 , by the
following vote:
Luther Jones`Joe McComb
Dr. Jack Best ,¢, Frank Mendez
David Berlanga, Sr. ZttyA. Bill Pruet
Leo Guerrero O� Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for tand time and ssed to its
third reading on this the i?+fl day of fhes , 19Y7 , by the
following vote:
Luther Jones
Dr. Jack Best
'David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the third time and passed finally
on this the /per, day of LJhQ�rcQ , 19 1>%, by the following vote:
Luther Jones Joe McComb
Dr. Jack Best Frank Mendez '
David Berlanga, Sr. Bill Pruet
Leo Guerrero Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the /QUI day of
AT ST:
City Secretary v MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
aye DAY OF ci,rirua.ry , 19'7:
HAL GEORGE, CITY ATTORNEY
By �/
v
Assistant City Attorne
99.044.01
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