CITY OF HOMER

HOMER, ALASKA

 Yourkowski

ORDINANCE 02-25(A)

 

AN ORDINANCE OF THE CITY OF HOMER AMENDING THE HOMER CITY CODE TO ADD CHAPTER 18.07 REQUIRING FUNDING FOR WORKS OF ART IN PROJECTS FOR CONSTRUCTION, REMODELING AND RENOVATION OF CERTAIN PUBLIC FACILITIES.

 

            WHEREAS, Homer is considered by many to be a haven for the arts yet we see very little public art as we walk and drive around town, and

 

            WHEREAS, Public art would add to the beauty of Homer thereby adding to our quality of life and the visitor’s experience, and

 

            WHEREAS, The city wishes to maximize artistic input into architectural decisions in a cost effective manner, thereby creating unique and aesthetic public facilities for the enjoyment of all.

 

            NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

 

            Section 1.      A new chapter 18.07 entitled Funds for Works of Art in Public Places is hereby added to the Homer City Code to read as follows:

 

Sections:

18.07.010 Purpose

18.07.020 Definitions

18.07.030 Art Funding Requirements for Public Buildings and Facilities

18.07.040 Implementation

18.07.050 Selection

18.07.060 Program Administration; Public Arts Committee

18.07.070 Exemptions

18.07.080 Miscellaneous Provisions

 

18.07.010 Purpose. The State has recognized through the enactment of AS 35.27.010, and the City of Homer hereby recognizes by the enactment of this chapter, the responsibility of government to foster the development of culture and the arts through the purchase or commissioning of works of art for municipal buildings and facilities. It is therefore declared to be municipal policy that a portion of appropriations for capital expenditures for municipal buildings and facilities be devoted to the acquisition of works of art to be permanently placed or incorporated in such buildings or facilities.

 

 

 

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18.07.020 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

"Art" and "work of art" mean all forms of original creations of visual art, including but not limited to the following:

1. Sculptures: in the round, bas relief, high relief, mobile, fountain, kinetic or electronic, in any material or combination of materials.

2. Painting: all media, including portable and permanently affixed works, such as murals.

3. Graphic arts: printmaking and drawing.

4. Mosaics.

5. Photography.

6. Crafts: in clay, fiber and textiles, wood, metal, plastics and other materials.

7. Calligraphy.

8. Mixed media: any combination of forms or media, including collage.

"Construction, remodeling or renovation of municipal buildings and facilities" means any capital improvement projects paid for wholly or in part by the municipality to build, rebuild or improve any decorative or commemorative structure, park or parking facility or any building.

"Total cost of construction, remodeling or renovation" means the total allotted funding for the subject project at the time of award of contract, exclusive of the costs of land acquisition, site investigation, and environmental clean up or remediation.

 

18.07.030 Art funding requirements for public buildings and facilities.

A. Plans and specifications for the original construction, remodeling or renovation of municipal buildings and facilities resulting in proposed capital expenditures exceeding the sum of $50,000.00 $250,000.00 shall contain and provide for the inclusion of works of art of a value of one percent of the total cost of the construction, remodeling or renovation project. All appropriations for capital improvements falling within the provisions of this chapter shall be deemed to include funding to implement the requirements of this section.

B. If there is a change in the total cost of the project resulting from a change order or amendment to the project budget after the time of the award of the contract, the amount of funding for the artwork will not be changed.

C. Expenditure of sums required to be allocated to works of art under subsection 18.07.030 (A) shall be limited to all costs associated with design, construction, acquisition and royalties for the works of art, excluding all contract administration and project administration costs.

                        D. Municipal funding of art projects for capital expenditures will be capped at $70,000.00 (seventy thousand dollars). Art projects for capital expenditures exceeding $7,000,000.00 (seven million dollars) will not be greater than $70,000.00 (seventy thousand

 

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Ordinance 02-25(A)

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dollars) unless funding beyond $70,000.00 (seventy thousand dollars) is from private contributions.

            E. Private funding contributions for art projects in public buildings is encouraged and this funding is not considered part of the one percent.

 

18.07.040 Implementation.

A. During the preliminary design review of any project for construction, remodeling or renovation covered by this chapter any contractor, department or instrumentality of the municipality charged with the design preparation of this project shall consult with the Public Arts Committee regarding the implementation of section 18.07.030(A).

B. The Public Arts Committee shall develop and recommend to the administration and the Homer City Council administrative regulations setting forth the manner in which the requirements of this chapter shall be carried out. After the receipt and consideration of such recommendations, the City Manager will adopt administrative regulations, which will become effective upon City Council approval.

                        C. The requirements of section 18.07.030(A) shall not be waived except as provided for in section 18.07.070.

 

18.07.050 Selection.

A. Where the construction, creation or commissioning of works of art are to be incorporated in the building or facility or its grounds, such works of art shall be chosen or approved selected and recommended to the Council for approval by a jury of at least three members consisting of the architect or project designer, a representative of the user department, a representative of the Public Arts Committee and any other persons as may be designated by regulation and recommended to the Council for approval.

B. Where there will be an acquisition of existing works of art or the commissioning of works of art which will not be incorporated into the project design, selection shall be made or approved by a jury of at least three members consisting of a representative of the user department, one or more representatives of  the Public Arts Committee and other persons as may be designated by regulation and recommended to the Council for approval.

 

18.07.060 Program Administration; Public Arts Committee.

                        A. The City Manager shall administer this chapter.

B. A. The City Council shall appoint a Public Arts Committee consisting of seven members.  Prior to making appointments, the City Council may solicit nominations from the Pratt Museum, community arts groups, and the public.  Appointments will be for two year terms.  Members serve at the pleasure of the City Council.

 

18.07.070 Exemptions. If it is found by the Public Arts Committee or City Manager that the inclusion of works of art in any specific project, as required by this chapter, would not provide any aesthetic benefit to the community or to the principal users of the building

 

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or facility, the Committee may recommend to the City Manager or City Manager may recommend to the City Council that there be granted a waiver from the requirements of this chapter in whole or in part. The City Manager shall approve or disapprove the recommendation and so notify the user department. Any denial of exemption may be appealed to the Homer City Council within ten working days. The Council shall make the final determination in any disputes arising from the administration of this section.

 

18.07.080 Miscellaneous provisions.

A. Sums allocated for the acquisition of works of art under the provisions of this chapter shall be deemed to be part of the construction costs of the project.

B. Where federal or state grant funds are to be used to match municipal funds for a construction, remodeling, or renovation project covered by this chapter, the grant application shall, where applicable and where permitted by the granting authority, be made for the total cost of such project, including portions to fund works of art under this chapter. Unless prohibited by the terms of such grants, any money received may be used to implement the requirements of this chapter.

 

            Section 2.      This chapter applies to all projects for the construction, remodeling or renovation of municipal buildings and facilities for which the contract for design is awarded after adoption/enactment of this Ordinance.  

 

            Section 3.      This ordinance is of a permanent and general character. Section 1 of this ordinance shall be included in the City Code. 

 

            ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 12th day of August, 2002.

 

                                                                                                CITY OF HOMER
           

 

                                                                                                                                                                                                                                                            _____________________
ATTEST:                                                                                 JACK CUSHING, MAYOR

 

___________________________

MARY L. CALHOUN, CMC, CITY CLERK

 

AYES: -6-

NOES: -0-

ABSTAIN: -0-

ABSENT: -0-

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Ordinance 02-25(A)

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First Reading: 05/28/02

Public Hearing: 06/10/02 and 7/09/02, Second reading was postponed on 06/10/02 to 07/09/02 with an additional public hearing also on 07/09/02.

Second Reading: 08/12/02, Second Reading was tabled on 07/09/02 and taken from the table on 08/12/02.) 

Effective Date: 08/13/02 (Mayor Cushing had called for a Legal Opinion regarding a question of Conflict of Interest raised by a member of the public. He did not sign the Ordinance until 09/03/02.)

 

 

Reviewed and approved as to form:

 

 

_____________________________              ___________________________

Ronald Wm. Drathman, City Manager                       Gordon J Tans, City Attorney

Date:                                                                            Date:

 

 

 

 

 

 

 

 

 

 

 

 

Fiscal Note: NA