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HomeMy WebLinkAboutORD1386ORDINANCE NO.1386 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,VOL.I , CHAPTER 3,ADMINISTRATION,ARTICLE 3-7,PROCUREMENT PROCEDURE,SECTION 3-7-4(E).PUBLIC WORKS PROJECTS EXEMPTIONS,BY ADDING A NEW SUBSECTION (3),PUBLIC ART:REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,recently there has been community interest in acquisition and placement of public art in public places;and WHEREAS.Article 3-7 of the City Code,Vol.1,requires city staff to publicly procure works of art so that the lowest responsive and responsible bidder is selected:and WHEREAS,on August 20,2012,the Mayor and City Council authorized the City Manager to create a committee to decide public art issues;and WHEREAS,the committee may recommend using grant money and donations,in addition to public funds to select,purchase or otherwise acquire unique pieces of art to be located in conspicuous public locations throughout the city;and WHEREAS,to enhance the success of the newly formed committee,staff recommends changes to the procurement regulations so that the City has greater flexibility in selecting unique pieces of art for public viewing;and WHEREAS,on September 4,2012,the Mayor and City Council directed the City Attorney to draft the procurement code change;and WHEREAS,the Mayor and City Council further find the code amendment will protect and preserve the cultural heritage of the community. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,as follows: SECTION I IN GENERAL Apache Junction City Code,Volume I,Chapter 3,Administration,Article 3-7, Procurement Procedure,Sec.3-7-4,Public Work Projects Exemptions,is amended by adding the following subsection: ORDINANCE NO.1386 PAGE 1 OF 2 3.Public Art -Any painting,sculpture,mural,monument,memorial, fountain,civic statuary,that has been planned and executed with the specific intention of being sited or staged in the physical public domain including on any city property and on any city easements,accessible to the viewing public for the purpose of defining a sense of place for residents and/or to enhance tourism and historical and cultural awareness of the community. SECTION I I REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,or any part of the code adopted herein by reference,are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance, or any part of the Code adopted herein by reference,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 6TH DAY OF NOVEMBER ,2012. SIGNED AND ATTESTED TO THIS6TH DAY OF ATTEST: KATI-II UN CrINIKIPI I V1,1 1 1 1 11_1-L11 City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney ORDINANCE NO.1386 PAGE 2 OF 2 NOVEMBER hn S.Insalaco Mayor 2012.