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HomeMy WebLinkAbout00-30Ic JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY �I /� File Number: 1836329 OR BOOK 1324 PAGE 1179 41ajLtt Oil Recorded:08/30/00 09:38 ORDINANCE NO. 00-30 AN ORDINANCE AMENDING CHAPTER 1-4.5, ARTICLE I "ART IN PUBLIC PLACES" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-4.5-1 (DEFINITIONS) TO AMEND THE DEFINITIONS OF "CAPITAL. PROJECT" AND "TRANSPORTATION CAPITAL PROJECT"; AMENDING SECTION 1-4.5-2 (ART IN PUBLIC PLACES PROGRAM) REGARDING APPROPRIATIONS FOR COUNTY CAPITAL PROJECTS AND TRANSPORTATIONCAPITAL PROJECTS UNDER FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00); FURTHER AMENDING SECTION 1-4.5-2 TO PROVIDE FUNDING FOR INSURANCE COVERAGE FOR ARTWORKS; AMENDING SECTION 1-4.5-3 (ART IN PUBLIC PLACES TRUST FUND) TO PROVIDE FOR TRANSFER OF ELIGIBLE MONIES TO THE ART IN PUBLIC PLACES TRUST FUND WITHINTHIRTY (30) DAYS OF THE DATE OF THE APPROVAL OF THE CONSTRUCTION CONTRACT FOR AN ELIGIBLE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. On July 6, 1999, the Board adopted Ordinance No. 99-07 which was codified to create Chapter 1-4.5, Article I, "Art in Public Places", of the St. Lucie County Code of Ordinances. 2. Pursuant to Sections 1-4.5-2 and 1-4.5 3, two percent (2%) of the eligible construction costs for capital improvement project funds and one percent (1%) of the eligible construction costs for transportation capital project funds are transferred to the Art in Public Places Trust Fund for the acquisition and maintenance of artwork at County facilities. words are deleted. Underlined words are added. 1 OR BOOK 1324 PAGE 1120 3. In order to provide for a more efficient accounting of Art in Public Places Trust Fund, it is appropriate to amend Section 1-4.5-1 to define eligible Art in Public Places projects as those costing an amount equal or in excess of fifty thousand and 00/100 dollars ($ 50,000.00) from County funds, and to amend Section 1-4.5-3 to provide for the transfer of the Art in Public Places funds to occur at the time of approval of the construction contract for an eligible project. 4. In order to provide for proper insurance coverage of the artworks, it is also appropriate to amend Section 1-4.5-2 to clarify that funds set aside for maintenance may be expended to acquire such insurance coverage. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St: Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-4.5-1("DEFINITIONS") OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-4.5-1("Definitions") of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-4.5-1. Definitions. (a) Definitions. For the purpose of this section, the following words or terms are defined as follows: (1) Artwork means works in a variety of media produced by professional visual artists. Works may be permanent, temporary or functional. (2) Board means the Board of County Commissioners for St. Lucie County, Florida. (3) Capital Project means any County capital improvement project costing more than am httndred thousand and 00/100 ('$30A 908 $50.000.00) dollars and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any park, beach restoration, above grade utility, and to construct or renovate any buildirg, except a County detention facility. (4) County means St. Lucie County, Florida. (5) Council means the St. Lucie Cultural Affairs Council. words are deleted. Underlined words are added. OR HOOK 1324 PAGE 1181 (6) Eligible Construction Costs means the total project appropriation of Coun funds for an eligible project, including engineering and design, but not including demolition costs, equipment costs except for the cost of custom designed equipment or equipment that creates a new use for a building or facility, real property acquisition costs, impact fees, enterprise funds, and soil remediation costs. (7) Equipment Costs means, for the purposes of the public art/design and transportation enhancement project calculation, those costs for the acquisition of mechanical equipment of standard manufacture. (8) Master Plan means a manual of criteria for the selection of sites and artwork and transportation enhancement projects for public capital and transportation facilities to be developed by the Council with public input and approved by the Boardprior to its implementation. This manual shall also provide for a comprehensive program for Art in Public Places which shall include the display of loaned art in appropriate public buildings. (9) Renovation means a capital project or transportation capital project which is a major redesign of a facility or system or a portion of a facility or system which is included in the County's capital program budget and which requires a building permit from the appropriate governmental jurisdiction. Renovation shall also include a capital projector transportation capital project which is an expansion or upgrading the capacity of the facility or system, enlarging the facility, or creating new use for the facility. It shall not include repairs, maintemnce, installation of mechanical equipment, or modifications required solely for ADA compliance. (10) Transportation Capital Project means any County capital transportation improvement project costing more than one fifty thousand and 00/100 dollars (80 898 99 $50.000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any highway or arterial, bridge or causeway, sidewalk, or bikeway, aviation -related, or any road beautification project. (11) Transportation Enhancement Project means one or more of the following project, prioritized in the following order: a. Visual enhancement of facilities for pedestrians and bicycles. b. Scenic or historic highway programs, including the provision of tourist and welcome center facilities. c. Landscaping and other scenic beautification projects. d. Historic preservation. Seek througk words are deleted. Underlined words are added. OP BOOK 1324 PAGE 1182 e. Rehabilitation and operation of historic transportation buildings, structures, or facilities, including historic railroad facilities. f. Preservation of abandoned railway corridors, including the conversion and use thereof for pedestrian or bicycle trails. (12) Trust Fund means the Art in Public Places Trust Fund created pursuant to this ordinance and shall include all gifts and donations deposited in the Trust Fund. PART B. AMENDMENT OF SECTION 1-4.5-2 ("ART IN PUBLIC PLACES PROGRAM") OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-4.5-2 ("Artin Public Places Program") of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-4.5-2. Art in Public Places Program. (a) Appropriations for County Capital Projects shall include an amount equal to two percent (2%) of the total Eligible Construction Costs to be used for artist design services and for the selection, acquisition and display of artworks for related education programs, for the maintenance of County artworks, and for the administration of the Master Plan. Funds appropriated pursuant to this section shall not exceed one hundred thousand and 00/100 dollars ($100,000.00) per project. Funds appropriated for one capital project, but not deemed necessary or appropriate by the Council in whole or in part for that project,may be expended on other public art projects approved under the annual Master Plan, subject to any bond restrictions and legal or grant restrictions. Bond funds shall be appropriated and accounted for in the bond capital project accounts. All County agencies may opt to participate in the Art in Public Places program for any improvement project not otherwise subject to this ordinance. (b) Appropriations for transportation capital projects shall include an amount equal to one percent (1 %) of the total Eligible Construction Costs to be used for site specific transportatim enhancement projects, including artist design services for such projects, for the maintenance of such projects, and for the administration of the Master Plan relating to such projects. Funds appropriated pursuant to this section shall not exceed one hundred thousand and 00/100 dollars ($100,000.00) per project. Bond funds shall be appropriated and accounted for in thebond capital project accounts. Stfuek through words are deleted. Underlined words are added. H OR BOOK 1324 PAGE 1183 (c) The first priority for use of funds generated by a capital project shall be that capital project site. The monies appropriated under this ordinance maybe used for artist design services, for the development of design concepts and models, and for the selection, acquisition, purchase, commissioning, placement, installation, exhibition and/or ,display of artworks. Artworks and transportation enhancement projects shall be selected in accordance with the Master Plan and may be temporary or permanent, may be integral to the architecture or may be incorporated into the project. Integration of the artists' design concepts into the project architecture and/or design should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the architect, engineer, or project designer. (d) In the case of a project which involves the use of grant or County bond proceeds issued after the effective date of this ordinance, amounts for artist design services and artworks described in this ordinance shall be used for projects and capital purposes consistent with state and federal laws, the resolutions and/or ordinances approved by the Board and the terms of the grant agreement. (e) With the exception of transportation capital projects or as otherwise restricted by the Board, any applicable bond resolution or ordinance, local, state or federal law, or the conditions of a granting authority, monies generated under this ordinance may be pooled and expended for any public art and designproject in the County, subject to the approved Master Plan Pooled funds may be used as seed money for artists' fees to initiate partnerships with private and other public entities to provide public art and aesthetic enhancements in St. Lucie County, pursuant to a written agreement. (f) To the extent allowed by grant guidelines and by law, all County agencies shall, from the effective date of this ordinance, include in all applications for funding to outside grantng organizations or governmental agencies, an amount equal to two percent (2 %) of eligible construction costs for a capital project, not to exceed one hundred thousand and 00/100 dollars ($100,000.00), or an amount equal to one percent (1 %) of eligible construction costs for a transportation capital project, not to exceed one hundred thousand and 00/100 dollars ($100,000.00), for artist design services and artworks or transportation enhancement projects, as specified herein. (g) The minimum amount to be appropriated for artist design services, artworks, and transportation enhancementprojects shall be the total eligible construction costs multiplied by 0.02 or 0.01, as appropriate. This calculation shall be made by the County agency pricy to the time of Btruek througk words are deleted. Underlined words are added. 5 OR BOOK 1324 PAGE 1184 the appropriation for the County's capital program. An amount equal to fifteen percent (15 %) of the eligible allocationof the construction project (which is 0.003 of the total eligible cotvtruction costs for a capital project and 0.0015 of the total eligible construction costs for a transportation capital project) may be used for project support and community participation activities. For public -owned property this may include staffing, artist selection -related costs (excluding travel of the selection committee), consultants, design/proposal/moquettecosts, identifying plaques, project documentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program. An amount equal to fifteen percent (15 %) of the eligible public art allocation of the construction project for a capital project (which is 0.003 of the total eligible construction costs) shall be set aside in a separate account within the Trust Fund for curatorial services, insurance coverage and the preservation and maintenance of County artworks. An amount equal to fifteen percent (15%) of the eligible public art allocation of the construction project for a transportation capital project (which is 0.0015 of the total eligible construction costs) shall be set aside in a separate account within the Trust Fund for curatorial services, insurance coverage, and the preservation and maintenance of the specific transportation enhancement project. The Council shall recommend that any artwork or transportation enhancement project needing extraordinary operational or maintenance costs be reviewed by the appropriate County agency director prior to recommendationto the Board. The Council shall also be responsible for conducting an annual maintenance survey of artworks and transportation enhancement projects. This survey shall include a condition report on each work, prioritized recommendations for the restoration or repair and maintenance, and estimated costs. Such repair and maintenance shall comply with any contractual obligations which may have been entered into by the County in the acquisition of the artworks. Expenditures of monies in the artwork and transportation enhancement projects maintenance and project support accounts shall be annually recommended by the Council and included in the proposed annual budget submitted ID the Board. Funds in the maintenance and conservation account not expended by the end of the close of any fiscal year shall be carried forward. The Council shall also, review and update as necessary the insurance requirements for artworks at least every five (5) years. PART C. AMENDMENT OF SECTION 1-4.5-3 ("ART IN PUBLIC PLACES TRUST FUND") OF THE CODE OF ORDINANCESAND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-4.5-3 ("Art in Public Places Trust Fund") of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-4.5-3. Art in Public Places Trust Fund. words are deleted. Underlined words are added. 0 OF GOOK 1324 PAGE 1185 (a) Created. There is hereby created "Art in Public Places Trust Fund" consisting of all funds appropriated and deposited to the Trust Fund in connection with the construction or renovation of a facility or system pursuant to sections 1-4.5-2(a) and 14.5-2(b). The Trust Fund is also authorized to accept gifts, grants and donations made to St. Lucie County for works of art. All appropriations, gifts, grants and awards of monies hereunder shall be deposited in an interest - bearing account entitled the "St. Lucie County Art in Public Places Trust Fund Account", which shall be a separate account established and maintained apart from the general revenue funds and accounts of St. Lucie County. All interest in said account shall accrue to the use and benefit of the Trust Fund account. (b) Term of existence. The St. Lucie County Art in Public Places Trust Fund Account shall be self-perpetuating from year to year unless specifically terminated by the Board. (c) Trust assets. All appropriations, gifts, grants and awards of money or property received hereunder from either public or private donors shall be placed in trust for and inure to the use and benefit of St. Lucie County for public art and desgn purposes; and said property and funds shall be expended, utilized and disbursed pursuant to the provisions of this section. (d) Appropriations and donations. (1) Eligible monies appropriated pursuant to this ordinance shall be transferred to the Trust Fund. This transfer shall take place within thirty (30) days of the met appropriation by die- Board approval by the Board of the construction contract for an eligible project. (2) Funds deposited or credited to the St. Lucie County Art in Public Places Trust Fund Account, except funds for maintenance and conservation of County artworks and transportation enhancement projects, not expended or obligated by the close of any fiscal year shall be carried over automatically for a period of three (3) years beyond the close of the County construction project, or upon recommendation of the Council, carried over for an additional two (2) years. Any funds carried over for three (3) years, or upon request five (5) years, and still unexpended at the expiration of such period, shall be transferred to the General Fund for general art purposes or transportation enhancement projects, as appropriate, only; provided that funds derived from other restricted sources shall revert to the funds from which originally appropriated at the expiration of said three (3) or five (5) year period, or if project is canceled, as applicable. (3) Any gifts, grants and awards received subject to a condition shall be expended strictly in accordance with such condition. Sti-aek thtaxgk words are deleted. Underlined words are added. 7 OR BOOK 1324 PAGE 1186 PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwithto send a certifiedcopy of this ordinanceto the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall apply retroactively to October 1, 1999. PART G. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman John D. Bruhn AYE Vice -Chairman Frannie Hutchinson AYE Commissioner Cliff Barnes AYE Commissioner Doug Coward AYE Commissioner Paula A. Lewis AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word 'ordinance" may be changed to "section", "article", or other S•truek t1werugk words are deleted. Underlined words are added. OR BOOK 1324 FREE 1187 appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts D through H shall not be codified. PASSED AND DULY ADOPTED this 151 day of August, 2000. ATTEST: APPROVED AS TO FORM AND CORRECTNESS: %�� G' A sad :COUNTY ATTORNEY gAatty\ordnance\2000\00-30.wpd words are deleted. Underlined words are added. E