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HomeMy WebLinkAboutOrdinance No. 18849ORDINANCE NO. J_ $ $ y AN ORDINANCE CONCERNING ART IN PUBLIC PLACES; ADDING SECTI~oNS 2.63$, 2.648, 2.642, 2.644, 2.646, AND 2.64$ Ta THE EUGENE CODE, 1971; AMEND- ING SECTION 2.859 CF THAT CaDE; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: 1. It is an appropriate function of government to foster arts and the development of artists. Visual arts contribute to and ro- p vide experiences which enrich and better our social and physical environment. 2. The City of Eugene has supported the inclusion of art works in public places. The commissioning pf art works in .public places, in addition to furthering the policy of fostering art and developing artists, enriches public perception of government buildings, parks, malls, and the like. 3. Recognizing the desirability of enhancing the City's stand- ing as a regional, leader in publa.o art, it is the City Council's de- sire to establish a policy for the provision of art in public places constructed for the City of Eugene. Now, therefore, based upon the above findings, THE CITY OF EUGENE. DOES ORDAIN AS FOLLDwS: Section 1. The following sections are hereby added to the Eugene Code, l9?1, to read and provide: 2.63 8 Definitions . For purposes of sections 2.6 3 8 to 2.6 4 8 of this code, the following words and phrases mean: Artist. A practioner in the visual arts, gener- a1~,y recognised by critics and peers as a professional of serious intent, who produces works of art, and wha is not a member of the project architectural firm or selection committee for the project under review. Committee. The art fund selection committee es- tablished to purchase works of art. Public place. Any building, park, mall, or other capital construction project abut not including streets, alleys, bicycle paths, and other public thoroughfares constructed or remodeled by the city which construction or remodeling in~rolves the expenditure of more than $5o,aa8. Ordinance - 1 188$9 visual Arts ~oordinatar. The person employed by the city and appointed by the c~.ty manager to coordinate and facilitate the implementation of sections 2.638 to 2.648 of this Cade. works of~art. A11 farms of original creations of ~risual art, inc~,uding and not ~ ~.imited to : Painting: all media, including both portable and permanently--affixed or integrated works such as murals. Sculpture: in the round, bas relief, high relief, mobile, fountain, kinetic, electronic, etc., in any material ar combination of materials. Prints, clay, drawings, stained glass, mosacis, photography, fiber and textiles, woad, metal, plastics and-other materials or combination of materials, calli- graphy, and mixed media, any combination of forms of media, includi~,g collage. 2.640 Art in public P~,aces fund Established. There is hereby created a special fund designated "Municipal Arts Fund," to be used to make pro~rision for works of art in public places and improvements awned by the city. One per- cent ~:1~} of all construction and re~node~.ing funds for public places hereafter authorized by the city shall be appropriated and deposited into this fund. 2.642 Art Fund -~ Use o~ Fun~,~s. At an appropriate initial stage in th.e p lannn~, design and construction of a public place, the city department ar authority designated by the city manager to be responsible far construction of the public place, together with the visual arts coordinator, shall establish a budget amount fox the wor~,s of art to be provided as a part of the project and ~, recommended medium and location for such works of art. The amount budgeted far a particular project may be less than the deposit into the art fund gener- ated by that project under section 2.640 of this code. Such budget a~tount and further recommendations shall be reviewed and appra~Ved by the city managers whose approval shall be final. 2.644 A;rt F~nd~ - ~5urp~,us ~ The unused ba~,ance of the fund at the ~~end of, any fiscal period shall be carried forward for art purchases by the, city from the municipal arts fund. 2.646 ~ Art Fund -- cammiittee. .. ~l~ There is hereby created an art selection committee for each arts funding project to be designated by~the city mana- ger upon recommendation of the visual arts coordinator to serve ordinance ~- 2 18849 as is necessary in connection with the selection and placement of works of art in public places. ~.2 } The city manager e shall, adopt initial rules of pro- cedure and internal organizatian.whch shall govern the selec- tion of committee members, conduot of committee meetin s, and g a method Qr methods for the selection of artists or works of art and for placement of works of art in public places. The visual arts coordinator may adopt amendments to the initial rules of procedure and internal organization. The initial and any amended rules are subject to review. by the city attorney and must be ratified by the council. Upon presentation to the council of rules of procedure and internal organization, the council may affirm, reject or modify any provision. 4~3~ To the ,extent not otherwise provided by .this sec- tion, actions of the committee are final. .Any person, or the governing body responsible for the project., may appeal the actions of the committee to the city manager on1 u on the r nd Y p g ou s that the committee acted a.n a manner contrary to law or abused its discretion to the substantial prejudice of the appellant. Any appeal must be made in writing to the city manager within ten days of the action complained of and must state with particularity the grounds for th.e appeal. The cit y manager sha~,l proceed to consider the appeal, on the record of the proceedings, unless the manager believes a hearing is neces- sary or desirable to fairly decide the questions raised. The decision of the city manager is final. 2.6 4 8 Art . Find ~- Selection of Art . ~l~n Appx'opxlations from the municipal art fund ma be y spent for: (a~. The work of art itself , which may include, but not be limited to 1. Artist's professional design fee. 2. labor of assistants, and materials required for production of the work. 3. Studio and operating costs of the artist, including rent, utilities, insurance, and other direct and indirect costs. 4. Travel of the artist for site nisi-- . lotion and research. 5. Transportation of the work to the s,~te. 6R ~nstallat,ion of the comp~,eted work. ~b~_ identification plaques, labels, and other do.cumehtation . ~c~ waterworks and electrical and mechanical devices, equa.pment and site work .which are integral parts ~of the work. of art. ~d}. Frames, mats, pedestals, anchora es con-- tal e g r nm nts, and. devices necessary for the security of the work of art. Ordinance - 3 18849 [e~ w~arks of art which may be ~an integral part of th.e building . .~ Cf~ Direct expenses of the selection committee. ~~~_ Insurance. ~~h~ Expenses for special consultants or advisors. ~i~_ The project researve fund. . ~.j ~ integrated crafts which are part of the building or construction project. ~2~ Appropriations from the municipal art fund ma not Y be spent for ~a~ Repr-vductions, by mechanical or other means, of original works of art. ~~b~ Decorative, ornamental., or functional ele- ments which are speci~ical~,y designed by .the building architect or consultants engaged~by the architect, as opposed to an artist commissioned for this. purpose. ~:c} Those elements generally considered to be com- e ponents o~ a landscape architectural design. ~d~_ Art objects which are mass produced of stand- ard design, such as playground sculpture or fountains. ~e ~. Di~ectianal, or other functional elements r such. as supergraph~ics, signage, color coding, maps, etc., except where a.recognized artist is employed. ~f~ Preparation of th.e site necessary to receive the work of art. (g~ Electrical, water, or mechanical service for .. activation of the work ~i , e . , uti~,ity costs } . ~h~ Art exhibitions and educational activities. ~i ~ In connection with the works of art after del.iuery, lighting, dedication, unveilin , securit g yr publicity or publications, and maintenance preservation, cons~exvation, restoration, repair. ~.] ~. Arch.itest r s fees. Section ~.3. Section ~. 859. of the Eugene Cade, l9?1, is hereby amended by adding a new subsection ~_g~. thereto, to provide: 2.559. ~ E"~e~~ ~tiv~ns. The following public contracts, or classes o~ public contracts, are exempt from formal bid and quotat~,on requirements of sections ~. $56 to ~. 871: {~g~. Contracts for the purchase or commissioning of. works o,f art using .money from th_e munici a1 arts A fund established under section 2.fi4Q of this code. Section ~4~. ~ That the pro~rsons contained herein concern the public welfare and th~refare, an e~ergencys hereby declared to exist, and thisordinance sha1~, become e~~'ecti~ve imme~diatel u on Y p Ordinance - 4 1P8~`9 its passage by the City Council ar~c~ approval, by the Mayor, This ordinance shall apply to a11. public building improvements or remodel- ling for which can,struction bids ha~re been accepted by the City of Eugene after the effective date of this ord~,ance~. Passed by the City Council this lOt day of August, 1981 ~~' ~~ City Rec. der Approved by the Mayor this 1Qth day. August,' 981 Mayor Ordinance - 5. /88H~9 City of Eugene Arts Fund Selection Committee Rules of Procedure and Internal Crganizatian AR~'TC"~,F T Arts Fund Selection Committee ~ Creation The Arts Fund Selection~Committee~.s~ has been established pur- suant to Section 2.646 of the Eugene Code, 1971, with its membershi p to be appointed and serve as is necessary in connection with the i selection and placement of works of art in public places through the expenditure of funds deposited in the Municipal Arts Fund established by Section 2,644 of the Eugene Code, 1971, and such further funds as may be identified for these purposes. ART I.CLE I:I n,~~; ~~ The Arts Fund Selection Committee shall be governed by Sections 2,638 to 2.645 of the Eugene Cade, 1,9 a1, and the procedures described herein in the selection and placement of works of art in public places, The Committee sha11. ~a} Through its selection of art, foster the growth of historically significant art from which the public can benefit, and ~b~. Assure that funds are spent on arts and crafts of the highest quality and that the art work enhances the designated areas, ARTLCLE IIT Definitions In addition to the definitions contained i~n Section 2.638 of the Eugene Code, 1971, the fallowing def initivns shall apply to the administration of these specific guidelines: Architect. The person or firm designing the project to which Sections 2.635 to 2.645 of the Eugene Code, 19?1 applies, also referred to as the "Project Architect", Coris~truction Coordinator. The person who has the res- ponsibility on behalf of the City of Eugene to administer ~-1- 1 B8~t9 a project subject to the provisions of Sections 2.638 to ~ . 6 4 8 o f the Eugene Code , 19 7 ~, . Integrated Crafts. Where the main purpose of the work is utilitarian, e.g., banisters, cabinetry and fine woodwork ing, curtains, doers, lighting fixtures, windows sinks an d the like, and the work is affixed to real ro ert ar 'r p p y improve- ments thereto. Limited Competition.. An artwork selection process whereb several specific artists are invited to Y submit proposals to the Selection Camntittee. D en Competition. An artwork selection rocess where p by an open public invitation is made for artists to submit mat- erials to the Selective Committee. project. The public place appropriating money far the purchase of art under Sections 2.638 to 2.648 of the Eu ene Cade, 1971. g Resident De~~artrnent. The City of Eugene agency that ..,.~. will occupy or~~~~~~~~use the planned or renovated ro ' ect. p J ARTZCZE zv Committee,,,,,, Membership 1. Each project shall ha~re an appropriate Selection Committee appointed to work with the visual Arts Coordinator and the Construc- tion Coordinator. Circumstances may dictate that the Selectio n Committee membership vary according to the dictates of the individual project. ~. Each committee ,membership shall be appointed by the Cit Manager after considerin the recommendati y . ~ an of the visual Arts Co~- ordinator. The membersh~.p shall be composed of the followin ersons: gp ~.a}. The project Architect or his/her representative fib} The Construction Coordinator or his/her re resen- p tative, ~:c}, ~ A representative . of the resident department, ~:d} A citizen with a demonstrated interest in art, Vie} Three visual arts professa.onals of which two must be pro.fessidnal artists, when possible, in the field ~. ~.. 188~t9 of work being selected, and ~f~ The Visual Arts Coordinators who shall serve as the non-voting chairperson. 3. No member of a Selection Con~,itteu shall be a person whose business interests involve the selling of works of art of artists which might be considered by the Selection Committee for placement, The Selection Committee may appoint additional persons as non-voting members to give advice to the Co~nittee. AR7~T~`T~~` ~r Responsibilities 1. The ~"is~a1 Arts Coordinator shall: ~~aa Implement the provisions of Sections ~, 638 to 2, 648 of the Eugene Code, l9?1, including the maintenance of an aware- ness of, and contact with, major professionally recognized arts bodies; fib} Together with the Project Architect and Construc- tion Coordinator, submit to the City tanager for his a roval pp a recommended location and type of aft wflrk for each project; and, ~.c~ Submit to ~ the City Manager names drawn from a current list of interested applicants, nvrninees to serve on selection committees appropriate to each particular project,.after which the City N~anager shall make such appointments or request addi- tional names for consideration and appointment, 2. The Construction Coordinator shall,: ~a~ Upon the approval of a remodeling construction pro- ject, notify the Resident Department Qf tie need to im lenient P the provisions of Sections 2.6.38 to 2.648 of the Eugene Lades 1971; ~b~ In consu~,tation with the Resident Departments deter- mine the mount a;~railable for the project and notif the y visual Arts Coordinator of the project and the amount avail- able for artwork; ~c}. Notify the Architect o,f 2.6 3 8 to 2.6 4 $ of the Eugene Code , responsibilities thereunder; the provisions of Sections ~.9?1 and of .the Architect s 3.. 188NR ~.d} Consult with. the Visual Arts Coordinator to identify utilitarian items that could be executed by crafts people and encoura.~e the use of integrated crafts whenever possible. If the cra~f.ts are integrated in the art funding far the project, the amount of monies for the arts must be increased by the amount the Architect has budgeted for such items, and any additional necessary funds would come from the .art fund. Any budgeted construction funds not regu~:red~ for such Graft purchases shall remain in th.e general construction budget; ~~e~ Assure. that payment is made far all costs, profes-- sional fees, purchases., and commissions in accordance with Sections 2.635 to 2.648 of the Eugene Code, 1971 and these Guidelines; ~;f~ Reuiew and authorize all changes proposed involving cost, time, or scope before the fact; ~g~ Ser~ue as, or appoint as his/her designee, a votin g membex of the Selection Committee, and ~h~ Submit, together with the ~Tisual Arts Coordinator, to the City Manager, a recommendation for location and type of art works for particular projects. 3. The Arts Fund Selection Committee shall. ~.a~. Conduct all meetings in accordance with the Oregon Cpen Meetings zaw and applicable pro~ris~.ons of the Eu ene g Code, 1971; ~b~ Develop an unde~star~ding of the scope, direction, and particular needs of each project; ~c~ B.e responsible far decisions regarding the selec- tion, commissioning, execut%on, placement, and acceptance of works of art; ~,d~ feet to consider budget, sua~tahle art forms, and method of artist/artwork selection; ~.e~ Apply for grants, when a~raa.lable, from appropriate agencies for the purchase of works of art for the project; (:f~ Use an Open Selection process whenever it is feasible. ~:1~ A prospectus wi1,1 be prepared by the Visual Axts Coordinator upon direct~,on of the selection Com- mittee and z~ade bxoadly a~railable to Artists and ub- . p llclzed a.n the media. Artists will be asked to submit -~ 4-~ 188N9 slides, vita,, and ~wh.er~ requested proposals to the Committee. The Selection Co~mittee w~i~.l seek Artists for new con~issivns and also purchase completed, avail- able work, ~? ~ The Selection Co~mittee has the ,option of con- ducting an Cpen Competition in two stages, .whereby a limited number of finalists selected from the competition will be asked to submit more detailed proposals. Each finalist in the second stage will be paid a professional fee to be set by the Selection Committee. The Selection Committee has the option of making no selection if there is no proposal judged to be of sufficient merit. If no selection is made, another selection process may be ini- tiated; ~g~ Recommend the ft~nd~ be accumulated when it is not feasible to conduct an open competition. However, the follow- ing processes may be followed when the arts fund for a project are under $1,5Qa: ~~1~ Zimited Codpetition. To be initiated in cases where it is not feasible to conduct an Open Competition, whereby several Artists are invited to submit proposals to the Selection Committee. Each Artist will be paid a professional fee, ~^!This method may, be. used when in-~ corporating artwork into the design of a building,, and ~~~2} Direct Selection, A process whereby a specific piece of artwork is purchased by the Committee, to be followed only when the percentage available for art funds is too low to conduct a competition. Such a purchase shall be~~nade with a professional approach to the selection being of paramount importance; ~wh~ ~eco~cnend when an e.~penditure from a specific project is in whole or in part inappropriate, and that such funds from that project may be transferred to other projects; }_. Advertise nationally or internationally for proposals if a project warrants the expense; and ~.~7 Serge as jury, with each member having one vote. The Committee shah, act upon a vote o~ the majority of members, 4, The Architect shall: ~a~.. Recv~mend to th.e Committee specific sites for works o~ art and the scale and type of work thought to be most appro- priate; ~,~~. 1889 f ~_b~ ~e responsible for identifying integrated items; using crafts, particularly rega.onal crafts, as a substitute for manufactured items where~rer possible; ~_c} Act, or appoint a designee to act as a voting member of the Selection Committee; ~.d~ woork closely with the Artist where required, provide engineering and technical assistance to the Artist if re uested q r and supervise the deli~rery ar~d instal~..ation of the work under contract with the Contracting Agency; and ~e7 Ass€~re that all ser~rice requirements for the work of art, such as water and electricity, are met in the design docu- ments and that the work may be installed with relative ease. 5. The Artist shall: ~:a~ ~e conu~issivned by ,the Contracting Agency to execute and complete the work in a tl~ely and professional manner, or transfer title of an e~ista,ng work of art to the A enc for in-- g y corporation in the project; ~b~ Deal personally with the Selection Committee, and through the Com~.ittee, with.other persons responsible for the project, In all phases of the negotiations. However, the Artist may, at his/her option, designate a dealer or agent to represent him/her in certain aspects of the project; and [c~ Maintain a close working re~,ationship with the Archi- tect and project Manager for the installation mechanics on com- missioned pieces. ARTrc~E. vz ~'ri far i a The Select~:on Co~mittee shall select artists and art work in accordance with the following criteria. ~a~ Artists will be se~.ected on the basis of their quali- fications as de~onstrated by past works appropriateness of the proposal to the project; artistic value of the work; and prob- ability of successful completion; ~_b~ Quality wi~,l be given the highest priority when selecting the artwork. for th.e City of Eu ene; .g ~:c}. Th,e City's Collection should represent a broad ~~~. .~ ..~ _~_ 185'9 spectrum of artwork; ~:d~ Consideration shah, be ~i~~ren to such factors as structural and surface treatment, protection from theft, van- dalism, weathering, and potential maintenance and repair costs; and ~e ~ ~'he artwork should reflect appropriateness of scale, material, form, and content in relation to the project site. ARTT~CLE ~`2,I: Artist El,a.gbi;~,~~ty Any prafessona,l Visual artist ar Cra~'tsperson :where applicable} regardless of p~.ace of residence ,is eligible to apply, except when the Selection Committee has dete.rn~ined~ that it is not feasible ~to conduct an open coz~petition, when duality and appropriateness of the proposed work. are of equal merit, preference shall be given to Lane,County Artists. ~'he Project Architect, members of the project Architect! s firm, and members of the Select~,on .Committee for the pro- ject under review are not eligible to apply. ART rc~~ ~rr~z: r Application procedures 1. Each proposal, must include ~ professional resume list of previously completed commissions}.,, a clear plastic slide sheet of not more than l0 slides of separate works, indicating the Artist's name, medium, year executed, dimensions of piece, and a self-- addressed return en~relope. In the case of three-dimensional work, the number of slides may be increased to show two views of each piece. 2. Total project costs shall include shipping, installation, engineering, insurance specify}, labelln~ specify}, and photographic documentation of finished work. Installation of the completed ro`ect . ~ p a is the responsibility of the Arta.st in conjunction with the Project Architect. All required costs must be printed on the initial ros- e pectus. 3. No submissions will be accepted after a specified deadline date. Applications not in compliance with instructions will not be considered. All Artists will be notified by mail immediately follow- ing the final selection. Slides will be returned following the com- petition. ..~~ IBb~f9 ART~CL-E 2~ C"nn i- ra ~+~ c Upon designation of an Artist, ar artwork, the Artist shall enter into a written contract authorised by the City Manager. The contract shall include provisions for. ~,a~_ A final design and cost breakdown for the work of art, subject to the approval of the Selection Committee; ~b~. A close working relationship with the Project Archi- tect, if the piece is integrated; Vic} The delivery and super~rision of the installation of the work and its presentation to the agency; ~:d~ Specific means of payment and time for completion; and ~:e~_ Stipulations regarding copyright and resale clauses. ARTT'C'T,~' X Match,in~ Grants, 1. The appropriations for art works is dedicated from capital construction funds. however, funds may ~e generated from other sources, and in such event, these guidelines control the expenditure of such funds . 2. In the event .match.ing funds are sought, the Selection Com- mittee shall consult with the granting agency as soon as it is appointed and the City Manager has decided the locations and type of art work for a particular project. The Selection Committee shall determine if any requirement ix~posed by a granting agency is in the best interests of the City of Eugene. Tf such requirement is not in the best interests of the City, the application. shall be abandoned. 3. Knowledge of the matcha,ng grant process, including time- tables, dollar mounts and selection criteria, shall be made public and stated clear~,y in the prospectus. 4. The Selection Con~nittee ,may choose to employ a two-step selection process in the event that matching funds are sought. It may choose to use: an open se~.ection initially, followed by a limited selection process from applicants in the open selection process, once .~ g_ .. ISS~F9 the total expenditures for the project ha,~e been confirmed. The foregoing Rules of Procedure and Internal Organization have been prepared by and adopted by tie City Manager pursuant to the provisions of S~ecti.an x.646 ~,Z~,. of the Eugene Code, 1971, the 14th day of August, 1981. chea eason City Manager Reviewed and Appro~red as to form by the City Attorney. JOHNSON, HARRANG & SwANSON ~/~ Sy - imothy Ser mbe Approved by the City Council of the City o~ Eugene, Oregvn~ the 10th day of August, 191, City Record r ~ w~