07-037
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ORDINANCE NO. ~ 1
C Y COMISSION OF THE
, FLORIDA, AMENDING
OVIDE FOR A REDUCTION
FROM ONE (1%) PERCENT TO
NT; PROVIDING CONFLICTS,
USION AND AN EFFECTIVE DATE
AN ORDINANCE OF THE
CITY OF BOYNTON BE
ORDINANCE 07-002 TO
IN THE PUBLIC ART F
ONE-HALF (.5) PE
SEVERABILITY; IN
WHEREAS, the Commis n has determined that economic considerations that did
not exist at the time of adop' n of the Ordinance justify reduction of the Public Art Fee
City Commission has determined that it is in the best interest of the
rogram to modify the program as hereinafter set forth.
NOW T EREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY F BOYNTON BEACH, FLORIDA:
The foregoing "WHEREAS" clauses are hereby ratified and
ed as being true and correct and are hereby made a specific part of this Ordinance
Section 2.
Ordinance 07-002, codified as Article XII, Chapter 2 of the Code of
Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
amended to read as follows:
Sec. 2-159. Short title; intent.
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(A) This chapter shall be known and cited as the "Art in Public Places Program."
(B) It is the intent and purpose of this chapter to further the commitment of the
City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
community through the creation of works of art so that citizens and visitors to the City of
Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
requirements of this chapter shall be construed to promote the aesthetic values of the entire
community and to encourage the preservation and protection, of works o"f. art.
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1 Sec. 2-160. Definitions.
(A) Definitions. For the purposes of this section,
phrases shall have the following meanings:
(1) Artist or Professional Artist means a practitioner in the sual arts, generally
recognized by critics and peers as a professional of se ous intent and ability.
Indications of a person's status as a professional ist include, but are not
limited to, income realized through the sole co ssion of artwork, frequent
or consistent art exhibitions, placement of a ork in public institutions or
museums, receipt of honors and awards, and aining in the arts.
(2) Art, Artwork or Works of Art means ta ible creations by artists exhibiting
the highest quality of skill and aesthe' principles and includes all forms of
the visual arts conceived in any m ium, material, or combination thereof,
including, but not limited to, p 'ntings, sculptures, engravings, carvings,
frescos, stained glass, mosaic mobiles, tapestries, murals, photographs,
video projections, digital images, bas-relief, high relief, fountains, kinetics,
collages, drawings, monumlnts erected to commemorate a person or an
event, functional furnishv{gs, such as artist designed seating and pavers,
unique or original arch,i(~ctural elements, and artist designed landforms or
landscape elements. The following shall not be considered artwork or works
of art for purposes olthis chapter:
(a) Reprodup'tions or unlimited copies of original artwork.
(b) Art objects, which are mass-produced.
(c) Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an
artist or designed as an integral aspect of a structure or site.
(3)
Qui/ding means any structure that encloses space and is used or built for the
/~helter or enclosure of persons, businesses, chattel or property.
(4~
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Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
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/ (5)
Arts Commission means the advisory board established by the City
Commission pursuant to Ordinance 01-64.
(6)
Public Art Fund means a separate, interest bearing account set up by the City
to receive monies for the Art in Public Places Program.
Remodeling or conversion means alterations made to a building within any
twelve month period, including, but not limited to, changes to the fayade of a
building, changes to the interior of a building, increases or decreases in the
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(7)
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(8)
floor area of a building and changes to exterior improvements.
In-fill housing means new residential units on parcels less than? 5 acres that are not
part of an approved planned unit development as defined by the C of Boynton
Beach land development regulations.
Sec.
2-161. Arts Commission.
The Boynton Beach Arts Commission shall function an
City of Boynton Beach's Ordinance No. 01-64.
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Sec. 2-162. Powers and duties of committee.
(A)
(1)
(2)
(3)
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The Arts Commission shall have th ollowing additional powers and duties:
(4)
Recommend to the City Co mission, adoption of Art in Public Places
Program Guidelines and ~~ndments thereto;
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Recommend to the Cii'y Commission, adoption of a Public Art Master Plan
identifying 10cat~?,Jl's. for public artworks and establishing a priority order;
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Recommenq.lto the City Commission authorization of expenditures for
maintain~ and implementing the Art in Public Places Program;
Reclj)fumend to the City Commission other expenditures of the Public Art
FJrlid such as hiring staff and services to run the Art in Public Places
{'Program;
Exercise their authority to approve, approve with conditions or disapprove
proposed installation of artwork based on Art in Public Places Program
Guidelines; and
(6)
Advance, through education and communication, the Art in Public Places
Program Guidelines. The guidelines are attached as Exhibit "A".
Sec. 2-163. Establishment of Public Art Fee
(A) All development, redevelopment, reconstruction or remodeling projects
commenced after the adoption of this ordinance which have a construction value of
$250,000.00 or greater, shall participate in the Art in Public Places Program by paying a
Public Art Fee. For the purpose of this section, a project will be considered "commenced"
when an application for review is first submitted to the City's Development Department.
The Public Art Fee shall be equal to +%one-half (.5) percent of construction value of the
project. The Building DivisionlFinance Department shall administer the billing and
collection of the 30% or (.03) of the 1% of the Public Art Fee at the time of Building Permit
issuance and the 70% or (.07) of the 1 % of the Public Art Fee prior to and as a condition of
issuance of the certificate of occupancy that includes the Public Art. One hundred percent
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(100%) of the Public Art Fees collected are to be allocated to the Public Art Fund. All
distributions for the Public Art Fund require the recommendation of Arts Commissio prior
to City Commission approval.
(B) The following types of projects are exempt from the payment of t
(C) Project owners required t participate in the Art in Public Places Program
may obtain reimbursement up to seve9Jl1 percent (70%) of collected art fee if the following
conditions are met;'
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The owner of development agrees to follow the Art Commission's
recommendaf s to develop the art in the project; and
Prior to pIa ment on the development site, has the artwork approved by the
Arts Co ission to insure that the artwork will be accessible and readily
visibleAo the public based on location of artwork and normal traffic of
ve~s/pedestrians in the proposed location; and
(3Ese c; an artist directly to execute a project that meets specific criteria outlined
the recommendations and guidelines document provided by the Arts
Commission or hire a professional consultant to select artists to commission site-
/ specific, architecturally integrated artworks that meet specific art criteria outlined
, ' by the recommendations and guidelines document provided by the Arts
. Commission or; Purchase artworks for permanent installation recommended by
the Arts Commission or; Elect to purchase an existing artwork or commission an
original artwork for donation as a gift to the City of Boynton Beach's public art
collection or;
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(1)
Remodeling, repair or reconstruction of structures da ged by fire, flood,
wind, earthquake or other calamity determined by th Ity of Boynton Beach
building official.
(2)
The percent of the project dedicated to affor
City of Boynton Beach.
Ie housing as defined by the
(3)
All projects which were submitted rior to or on October 5, 2005,
notwithstanding any subsequent req t for site plan extension.
(4)
Single family and two family in III housing.
(1)
(2)
2-164. Art and artist selection criteria.
(A) The Art and Artist selection criteria shall be in compliance with the Arts
Commissions Guidelines and Recommendations.
Sec.
2-165. Public Art fund.
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(A) There is hereby created a public art fund administer by the Arts
Commission. Funding shall consist of all contributions received om art fees for
development and redevelopment. Contributions shall include +%0 -half.5 ercent of
construction value on projects exceeding $250,000.00, any cash nts and donations to the
City for public art projects from governmental or private re rces, and all other funds
allocated by the City through the budgetary process for the pr ision of public art.
(B) Expenditures from the Public Art Fund all include, but not be limited to
expenses associated with the selection, comm' ioning, acquisition, transportation,
maintenance, public education, promotion, administration, program marketing,
documentation, removal and insurance of the w. ks of art or in relation thereto. The Arts
Commission can recommend to the City mmission, expenditures from the funds in
furtherance ofthe Art in Public Places Pro
(C) Disbursements of the P. lic Art Fee shall be seventy percent (70%) to the
construction of art in a given proje and thirty percent (30%) for the administration of the
Art in Public Places Program a (endowment or reserve fund) for future work as
described in the Arts Commissi s Guidelines & Recommendations.
Sec. 2-166. ownershYartwork.
Unless otherw' expressly agreed to in writing by the City, ownership of all art
acquired through e ending funds in the Public Art Fund shall be owned by the City
according to the A s Commissions Recommendations and Guidelines.
Sec.
rt in Public Places Program Guidelines
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Tl1I Arts Commission shall prepare, and from time to time recommend to the City
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CommisSIon revisions to the, Art in Public Places Program Guidelines and make the same
availa e to the public, which shall provide guidance for program organization;
org, izational governance and staffing responsibilities; procedures for project planning;
st selection; art selection criteria; art placement criteria; donations; loans and memorials;
ollection management; and, administration of the Public Art Fund.
In the event language contained in the Art in Public Places Program Guidelines
conflicts with this Ordinance, the language in the Ordinance shall control.
Sec. 2-168. Art in Public Places Program Location Plan
The Arts Commission shall prepare, and from time to time revise, a Art in Public
Places Program Location Plan that identifies locations and criteria for public artworks and
establishes a priority order.
Section 3.
Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
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1 unconstitutional by any court of competent jurisdiction, then said holding shall in no way
2 affect the validity of the remaining portions of this Ordinance.
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Section 4.
Inclusion in Code.
4 It is the intention of the City Commission of the City of Boynton Beac
5 the provisions of this Ordinance shall become and be made a part ofe City of Boynton
6 Beach Code of Ordinances, and that the sections of this Ordina
may be renumbered or
7 relettered and the work "ordinance" may be changed to" tion," "article," or such other
appropriate work or phrase in order to accomplish su~~tentions.
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Section 5. This Ordinance shall beco~' effective immediately on passage.
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FIRST READING this --2.- day of ~, 2007.
SECOND, FINAL READING 1)Nb PASSAGE this _ day of , 2007.
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CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
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