06-087
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ORDINANCE NO. 0 06- ~ 7
AN ORDINANCE OF THE CITY OMISSION OF THE
CITY OF BOYNTON BEACH, ORlDA, AMENDING
ORDINANCE 05-060 TO PROVI E THAT THE ART FEE
DOES NOT APPLY TO P OJECTS WHICH HAD
APPLICATIONS PENDING 0 OR BEFORE OCTOBER 5,
2005; PROVIDING THAT TEART FEE IS PAYABLE AS
A CONDITION OF I SUANCE OF THE FIRST
CERTIFICATE OF OCCUPANCY; PROVIDING
CONFLICTS; PROV ING FOR SEVERABILITY;
PROVIDING FOR I CLUSION; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Commisso n has heretofore adopted Ordinance 05-060 creating the
WHEREAS, the Cit Commission has determined that it is in the best interest of the
Art in Public Places Pro am to modify the program as hereinafter set forth.
ORE, BE IT ORDAINED BY THE CITY COMMISSION OF
YNTON BEACH, FLORIDA:
The foregoing "WHEREAS" clauses are hereby ratified and
22 confirmed a eing true and correct and are hereby made a specific part of this Ordinance
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24 Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of
25 ances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
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Short title; intent.
(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
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requirements of this chapter shall be construed to promote the aesthetic value~
community and to encourage the preservation and protection of works of art.,/
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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 practiti er in the visual arts, generally
recognized by critics and peers as a profess' nal of serious intent and ability.
Indications of a person's status as a pro ssional artist include, but are not
limited to, income realized through the ole commission of artwork, frequent
or consistent art exhibitions, placem t of artwork in public institutions or
museums, receipt of honors and aw ds, and training in the arts.
(2) Art, Artwork or Works of Ar means tangible creations by artists exhibiting
the highest quality of skill d aesthetic principles and includes all forms of
the visual arts conceive III any medium, material, or combination thereof,
including, but not Ii . ed to, paintings, sculptures, engravings, carvings,
frescos, stained glas , mosaics, mobiles, tapestries, murals, photographs,
video projections, gital images, bas-relief, high relief, fountains, kinetics,
collages, drawin , monuments erected to commemorate a person or an
event, function furnishings, such as artist designed seating and pavers,
architectural ements designed by an artist, and artist designed landforms or
landscape e ments. The following shall not be considered artwork or works
of art for rposes of this chapter:
(a)
eproductions or unlimited copies of original artwork.
Art objects, which are mass-produced.
Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an
artist as an integral aspect of a structure or site.
Building means any structure that encloses space and is used or built for the
shelter or enclosure of persons, businesses, chattel or property.
(4) Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
(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
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to receive monies for the Art in Public Places Program.
(7) Remodeling or conversion means alterations made to a building ithin any
twelve month period, including, but not limited to, changes to e fayade of a
building, changes to the interior of a building, increases 0 ecreases in the
floor area of a building and changes to exterior improve ts.
Sec.
2-161. Arts Commission.
The Boynton Beach Arts Commission shall function d operate as outlined in the
City of Boynton Beach's Ordinance No. 01-64.
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Sec. 2-162,
(A)
ave the following additional powers and duties:
(1)
Recommend to the
Program Guidelines
'ty Commission, adoption of Art in Public Places
d amendments thereto;
(2) Recommend to e City Commission, adoption of a Public Art Master Plan
identifying 10 tions for public artworks and establishing a priority order;
(3) d to the City Commission authorization of expenditures for
ing and implementing the Art in Public Places Program;
(4) R ommend to the City Commission other expenditures of the Public Art
nd 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 Pnblic 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"
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when an application for review is first submitted to the City's Development De rtment.
The Public Art Fee shall be equal to 1% of construction value of the project. T Public Art
Fee shall be collected by the Building and Code Compliance Department 'or to and as a
condition of tmilding permit issuance of the first certificate of occu c. 100% of the
Public Art Fees collected are to be allocated to the Public Art Fund. A distributions for the
Public Art Fund require the recommendation of Arts Commission p . r to City Commission
approval.
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(B) The following types of projects are exempt fro the payment of the Public Art
Fee:
(1) Remodeling, repair or reconstructio f structures damaged by fire, flood,
wind, earthquake or other calamity etermined by the city of Boynton Beach
building official.
(2) The percent of the project edicated to affordable housing as defined by the
City of Boynton Beach.
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All ro' ects whic
notwithstandin
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(C) Project owne required to participate in the Art in Public Places Program
may obtain reimbursemen p to seventy percent (70%) of collected art fee if the following
conditions are met;
(1) The wner of a development agrees to follow the Art Commission's
re mmendations to develop the art in the project; and
(2) rior to placement on the development site, has the artwork approved by the
Arts Commission to insure that the artwork will be accessible and readily
visible to the public based on location of artwork and normal traffic of
vehicles/pedestrians in the proposed location; and
Select an artist directly to execute a project that meets specific criteria
outlined by 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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Sec. 2-164. Art and artist selection criteria.
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(A) The Art and Artist selection criteria shall be in compliance with the
Commissions Guidelines and Recommendations.
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4 Sec. 2-165. Public Art fund.
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33 The Arts Commission shall prepare, and from time to time recommend to the City
34 ;Commission revisions to the, Art in Public Places Program Guidelines and make the same
35 I available to the public, which shall provide guidance for program organization;
organizational governance and staffing responsibilities; procedures for project planning;
artist selection; art selection criteria; art placement criteria; donations; loans and memorials;
collection management; and, administration of the Public Art Fund.
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(A) There is hereby created a public art fund admin' ered by the Arts
Commission. Funding shall consist of all contributions receiv. a from art fees for
development and redevelopment. Contributions shall includel'Y< of construction value on
projects exceeding $250,000.00, any cash grants and donati s to the City for public art
projects from governmental or private resources, and all 0 er funds allocated by the City
through the budgetary process for the provision of public
(B) Expenditures from the Public Art F d shall include, but not be limited to
expenses associated with the selection, co issioning, acquisition, transportation,
maintenance, public education, promoti administration, program marketing,
documentation, removal and insurance of t works of art or in relation thereto. The Arts
Commission can recommend to the Ci Commission, expenditures from the funds in
furtherance of the Art in Public Places ogram.
(C) Disbursements of e Public Art Fee shall be seventy percent (70%) to the
construction of art in a given oject and thirty percent (30%) for the administration of the
Art in Public Places ProgJ; and a (endowment or reserve fund) for future work as
described in the Arts Co issions Guidelines & Recommendations.
Sec.
Unless erwise expressly agreed to in writing by the City, ownership of all art
acquired thro gh expending funds in the Public Art Fund shall be owned by the City
according t the Arts Commissions Recommendations and Guidelines.
Sec.
-167. Art in Public Places Program Guidelines
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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
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establishes a priority order.
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Section 3.
Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
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unconstitutional by any court of competent jurisdiction, then said holding shall in no ~"
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affect the validity of the remaining portions of this Ordinance. //
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Section 4.
Inclusion in Code.
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It is the intention of the City Commission ofthe City of Boynto
10 the provisions of this Ordinance shall become and be made a p of the City of Boynton
II Beach Code of Ordinances, and that the sections of this 0 Illance may be renumbered or
12 relettered and the work "ordinance" may be changed 0 "section," "article," or such other
13 appropriate work or phrase in order to accomplis
14 Section S. come effective immediately on passage.
15 FIRST READING this a day 0 NOllemkL,2005.
16 SECOND, FINAL READIN AND PASSAGE this _ day of ,2005.
17 CITY OF BOYNTON BEACH, FLORIDA
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20 Mayor
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23 Vice Mayor
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26 Commissioner
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29 Commissioner
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32 Commissioner
3 ATTEST:
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36 City Clerk
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