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HomeMy WebLinkAbout99-007JoAnne Holman, Clerk of the Ci ~it Court - Bt. Lucie County File Number:l?36B61 OR buOK 1238 PAGE 0025 Recorded: 07-21-9g 12:47 P.M. ORDINANCE NO. 99-07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CREATING CHAPTER 1-5 "ARTS", AND ARTICLE 1 "ART IN PUBLIC PLACES" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; CREATING SECTION 1-5-1 "DEFINITIONS"; CREATING SECTION 1-5-2 "ART IN PUBLIC PLACES PROGRAM"; CREATING SECTION 1-5-3 "ART IN PUBLIC PLACES TRUST FUND"; CREATING SECTION 1-5-4 "OWNERSHIP AND MAINTENANCE OF ARTWORKS"; CREATING SECTION 1-5-5 "COMPLIANCE WITH STATE AND FEDERAL LAWS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-5 "ART" and ARTICLE 1 "ART IN PUBLIC PLACES" of Chapter 1-5 are hereby created as follows: Article 1. Art in Public Places Section 1-5-1. Definitions. a_. Definitions. For the purpose of this section, the following words or terms are defined as follows: 1LD Artwork means works in a varie _ty of media produced by professional vis~.~al artists. Works may be permanent, temporary, or functional. Florida. Board means the Board of County Commissioners for St. Lucie County, 3~ Capital Project means any County capital improvement project COsting more than one hundred thousand and 00/100 ($100.000) dollars and paid for wholly or in part by Underlined words are added, o .... ,..,. ..... ......... sh words are deleted. OR~K i238 P~ 0026 funds appropriated by St. Lucie County tO construct or renovate any park, beach restoration, above grade utility, and to construct or renovate any building, except a County detention facility. 4f3_1 Count. means St. Lucie County, Florida. 5~ Council means the St. Lucie Cultural Affairs Council. 6L6) Eligible Construction Costs means the total project appropriation, 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 .s/stem which is included in the County's capital program budget and which requires a building permit from the appropriate governmental jurisdiction. Renovation shall als0 include a capital project or transportation capital project which is an expansion or upgrading the capacity of the facili _ty 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 hundred thousand and 00/100 dollars ($100,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct cr renovate any highway or arterial, bridge or causeway, sidewalk, or bikeway or any road beautification project. (11) Transportation Enhancement Project means one or more of the following project, prioritized in the following order: LO_) Visual enhancement of facilities for pedestrians and bicycles. Underlined words are added. 2 words are deleted. (b) (d) ffi BOOk 1 58 00 ? Scenic or historic highway programs, including the provision of tourist ard welcome center facilities. Landscaping and other scenic beautification projects. Historic preservation. Rehabilitation and operation of historic transportation buildings, structures or facilities, including historic railroad facilities. 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. Section 1-5-2. 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. Projects costing less than one hundred thousand and 00/100 ($100,000.00)dollars shall be subject to the public art calculation and such funds will be pooled for other art projects. All County agencies may opt to participate in the Art in Public Places program for any improvement project not otherwise subject to this ordinance. 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. Transportation projects costing less than one hundred thousand and 00/100 ($100.000.00) dollars are subject to the transportation enhancement projects calculation and such funds shall be pooled for other transportation enhancement projects The first priority for use of funds generated by a capital project shall be that capital project site. The monies appropriated under this ordinance may be used for artist design services Underlined words are added. 3 words are deleted. OR BOOK 1238 P~ 00' I 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. 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 ard 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 gram guidelines and by law. all County agencies shall, from the effective date of this ordinance, include in all applications for funding to outside grantiw 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. The minimum amount to be appropriated for artist design services, artworks, and transportation enhancement projects shall be the total eligible construction costs multiplied by 0.02 or 0.01. as appropriate. This calculation shall be made by the Coun _ty agency prkr to the time of the appropriation for the County's capital program. An amount equal tO fifteen percent (15 %) of the eligible allocation of the construction project (which is 0.003 of the total eligible construction 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 4 Underlined words are added, o .... ,..,. ..... ~. o~, ...... ,,,,s,. words are deleted. ORB O OK i238 P~ O0 ~ 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 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 elieible construction costs) shall be set aside in a separate account within the Trust Fund for curatorial services 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 recommendation to 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 to the Board. Funds in the maintenance and conservation accomt not expended by the end of the close of any fiscal year shall be carried forward. The Council shall also, revie0v and update as necessary the insurance requirements for artworks at least every_ five (5) years. Section 1-5-3. Art in Public Places Trust Fund. 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 facili _ty or system pursuant tO sections 1-5-2(a) and 1-5-2Co). 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 Underlined words are added. 5 o .... '- h~ough words are deleted. OR i 58 PAGE 00' ) the use and benefit of St. Lucie County for public art and design 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 original project appropriation bv the Board, (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. Ownership and maintenance of artworks, Unless otherwise provided, ownership of all works of art acquired by the County under this ordinance shall be vested in the County, including copyrights, patents ard other reproduction rights. The Board shall be responsible for managing the reproduction rights of each acquisition with advice from the Council. Custody. supervision, maintenance and preservation of the works of art shall be the responsibili_ty of the County. and shall be carried out by qualified art professionals with appropriate collaboration with the Council. Section 1-5-5. Compliance with state and federal laws. Nothing in this chapter shall be deemed or construed ~ require the County to appropriate or expend funds if (a) the appropriation or expenditure of such funds for the purposes herein described would not be permitted under any state or federal law. rule or regulation, or (b) the compliance with this chapter would in any way affect the treatment of interest on any bonds or other indebtedness or the County. for federal income tax purposes, or (c) lhe compliance with this 6 Underlined words are added, o .... ,. ,~. ..... ~_ .......... ~,, words are deleted. OR BOOk 'l~ PAGE chapter would in any way prevent or inhibit the County's compliance with state or federal laws, rules or re_m~lations relating to debt obligations of the County. PART B. 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 C. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. PART D. CODIFICATION It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the St. Lucie County Code; and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section", "article", or such other appropriate word or phrase in order to accomplish such intentions, provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall become effective October 1, 1999. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this t.q, day of ~ , 1999. 7 Underlined words are added." .... '- '~- ..... ~- oL,,,,.~, ,~,~,,,,s, words are deleted. ~ ~k i238 P~ 0032 ATTEST: Deputy Clerk ~.~ _ :, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: .... /_ _ . ~_~.~.~-. Chairman ~" / APPROVED AS TO FORM AND CORRECTNESS: /~ t.r~.County Attorney g:\aW\ordnance\ 1999\99-07. wpd Underlined words are added. ~'~ek-th~gh words are deleted. b t~'-~ 00,5~