HomeMy WebLinkAboutO-2023-002 Text Amendment (TX-087-22) Amending Ch. 28, Art. 811, Public Art Program, to Require Procurement Compliance and PAAB Review and Recommendation of All Murals and Art Work SECOND READING executed ORDINANCE NO. 2023-002
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, THE "LAND
DEVELOPMENT CODE", PART 8, "TECHNICAL APPENDIX," ARTICLE
811, "PUBLIC ART PROGRAM," BY AMENDING ARTICLE 811 AT
SECTION 811-20, "DEFINITIONS", SECTION 811-30, "PUBLIC ART PLAN
AND IMPLEMENTATION GUIDELINES"; SECTION 811-40, "ART AND
ARTIST SELECTION CRITERIA; PUBLIC ART PROGRAM GUIDELINES"
TO REQUIRE COMPLIANCE WITH PROCUREMENT GUIDELINES;
SECTION 811-130,"PUBLIC ART ADVISORY BOARD",AND SECTION 811-
140,"MURAL GUIDELINES", TO CLARIFY THAT ALL MURALS AND ART
WORK, WHETHER PURCHASED WITH PUBLIC ART FUNDS OR NOT,
AND WHETHER DONATED TO THE CITY OR PURCHASED BY THE CITY
OR A THIRD PERSON WOULD REQUIRE REVIEW BY THE PUBLIC ART
ADVISORY BOARD AND A RECOMMENDATION FROM SAID BOARD TO
THE CITY COMMISSION;PROVIDING FOR CONFLICTS;PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,in 2022,the City Commission created a Public Art Advisory Board(Board)
to assist the City on the use of public art funds; and
WHEREAS, the City Commission desires to clarify the role of the Board, to not only
review artwork to be purchased utilizing the Public Art Funds, but to also review all artwork,
including but not limited to murals, being donated to the City, or purchased by the City, without
utilizing Public Art funds; and
WHEREAS, the City Commission desires to require compliance with procurement
procedures for selection of artists and art pieces, or requiring a 4/5 vote of the City Commission
to waive the procurement requirements; and
WHEREAS,the City Commission wishes to implement the above referenced changes to
Article 811;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That Article 811 entitled the"Public Art Program,"is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 8 TECHNICAL APPENDIX
ARTICLE 811. PUBLIC ART PROGRAM
ARTICLE 811. PUBLIC ART PROGRAM
* *
Sec. 811-20. - Definitions.
Public Art means a work of visual art within public view from the public right of way in a variety
of media produced by a professional visual artist(s). Artworks may be permanent or functional.
Artworks may include painting, sculptures, engravings, carvings, frescoes, murals, collages,
mosaics, statues, tapestries, photographs, prints, drawings, ceramics, crafts, installations, digital
and light-based works,fabric and textile works,earthworks,conceptual works,functional elements
if designed by a professional artist, or such other visual art media as shall be deemed appropriate
by the PAAB. Artworks may include a performance, participatory or time-based element. Public
art shall not include artworks designed by the capital project designers or engineers, mass-
produced artworks, reproductions of original artworks, or landscape architecture except where
these elements are designed by a professional visual artist and/or are an integral part of the artwork
by the artist.Art and Murals on private property outside of public view via public right of way and
funded with private dollars, do not need approval from the PAAB.
Sec. 811-30. Public art plan, .
(A) The City Commission shall adopt a public art plan.The public art plan and program guidelines
shall be reviewed and recommended by the Public Art Advisory Board and shall be adopted
by resolution of the City Commission. Amendments to the public art plan and program
guidelines shall be reviewed and adopted in the same manner as the initial public art plan and
program guidelines.
(B) The City Commission shall make final decisions for all public art acquisitions in accordance
with this article and the public art plan and implementation guidelines.
(C) The City Commission may desire to install murals, or other pieces ofpublic art, not utilizing
public art funds. Any such project shall also be required to go to the Public Art Advisory
Board for review and recommendation, consistent with the City's public art plan.
* * *
Sec. 811-40. Art and artist selection criteria; public art program guidelines.
The City Commission shall establish procedures and selection criteria for selection and
acquisition of art to be purchased from the resources of the public art fund in accordance with
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the criteria and standards set forth in the adopted public art program guidelines, as may be
amended from time to time. The City Manager and City Attorney will negotiate and execute
appropriate contracts necessary for the acquisition of public art. Funds may be aggregated to
acquire public art.
All selection of artists or of art pieces recommended by the Public Art Advisory Board shall
comply with the City's Procurement Policy guidelines as set forth by the City's Finance
Department, and shall be approved by the City Commission, regardless of the cost. Any
waiver of the call to artists or Procurement Policy guidelines shall require an explanation of
why waiver of purchasing guidelines is recommended.
* * *
Sec. 811-130. Public Art Advisory Board.
There shall be created a Public Art Advisory Board whose membership,meetings,duties,and
other responsibilities are as described below:
* * *
(D) Duties. The board shall review and propose artwork items to be acquired under the City
public art program. The board shall issue a recommendation to the City Commission for
all artwork program acquisitions in accordance with this division. The board shall
oversee the public education, and curatorial aspects of the program. The City Manager,
or his/her designee shall provide support to the City-designated Public Art Consultant
and Board. City Manager, or designee, shall prepare a budget for staff and other
expenditures necessary to operate the program and shall deliver an annual report to the
City Commission. The board shall screen submissions and will recommend to the City
Commission for final authorization for each acquisition not more than three(3)possible
selections,which may be existing works of art or new works or art or new commissions.
That the duties and responsibilities of such Board shall be to:
(i) Review and assist with defining the scope of collections for the City's Public Art
Collection;
(ii) Review applications from private developers submitted to meet the City's requirement
for public art;
(iii)Collaborate with the City Manager on the development of the Annual Public Art Plan;
(iv)Recommend approval of the Annual Public Art Plan to City Commission;
(v) One (1) member will chair Artist Selection Panel meetings for each project and
communicate Panel recommendations;
(vi)Review the Public Art Plan as needed;
(vii) Maintain current knowledge of developments and issues in the visual arts and
public art;
(viii) Attend dedication ceremonies for new public art projects;
(ix)Participate in community engagement activities for public art;
(x) Ensure that public art is placed in all sectors of the City.
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(xi) The City Commission may desire to install murals, or other pieces of public art, not
utilizing public art funds. Any such project shall also be required to go to the Public
Art Advisory Board for review and recommendation, consistent with the City's public
art plan.
Sec. 811-140. Mural guidelines.
* * *
(B) Eligibility. Any individual or organization wishing to create an outdoor mural in the City of
Dania Beach must apply for approval through the Dania Beach Public Art Program,regardless
of the funding source. Applicants may be:
(1) An individual artist or group of artists.
(2) A business or building owner.
(3) A not-for-profit organization, such as a neighborhood association, educational or
community organization. Federal tax-exempt status 501(c)(3) is not required.
(4) The City of Dania Beach utilizing the public art fund, utilizing general fund monies, or
in collaboration with third-party donations.
Section 2. That if any section,clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading and will be codified.
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n. The board shall screen submissions and will recommend to the City
Commission for final authorization for each acquisition not more than three(3)possible
selections,which may be existing works of art or new works or art or new commissions.
That the duties and responsibilities of such Board shall be to:
(i) Review and assist with defining the scope of collections for the City's Public Art
Collection;
(ii) Review applications from private developers submitted to meet the City's requirement
for public art;
(iii)Collaborate with the City Manager on the development of the Annual Public Art Plan;
(iv)Recommend approval of the Annual Public Art Plan to City Commission;
(v) One (1) member will chair Artist Selection Panel meetings for each project and
communicate Panel recommendations;
(vi)Review the Public Art Plan as needed;
(vii) Maintain current knowledge of developments and issues in the visual arts and
public art;
(viii) Attend dedication ceremonies for new public art projects;
(ix)Participate in community engagement activities for public art;
(x) Ensure that public art is placed in all sectors of the City.
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PASSED on first reading on January 10, 2023.
PASSED AND ADOPTED on second reading on January 24, 2023.
ATTEST:
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MAYOR
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