HomeMy WebLinkAboutORD1477ORDINANCE NO. 1477
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,BY
ADOPTING BY REFERENCE NEW SECTION 1-13-4,ART IN
PUBLIC AND PRIVATE DEVELOPMENTS;REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS,Article 1-13:Design Standards,of the Apache
Junction City Code ("A.J.C.C."), Volume II,Land Development
Code,Chapter 1:Zoning Ordinance,was last amended on May 6,
2014 through Ordinance No. 1402; and
WHEREAS,the mayor and city council desire to add a new
section to Article 1-13 to allow for public art to be installed
within the city limits on both private and public developments and
fund such art projects based on a percentage of permit fees; and
WHEREAS,a council work session on September 3, 2019 and a
public hearing on September 17,2019, were held to discuss the
proposed amendments; and
WHEREAS, A.R.S.§ 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one
paper copy of the code changes or public record are filed in the
office of the clerk of the municipality and the electronic copy
is accessible on the city's website and made available for public
inspection; and
WHEREAS,pursuant to A.R.S.§§ 9-801(1)and 9-802,codes
which may be adopted by reference include those relating to art
in public and private developments; and
WHEREAS,city staff has determined that for administrative
efficiency,it is more appropriate to update the city code by
adopting by reference new Section 1-13-4,Art in Public and
Private Developments.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1.That certain document known as "2019 Amendments to the
Apache Junction City Code, Volume II,Land Development Code,
ORDINANCE NO. 1477
I OF 3
Chapter 1:Zoning Ordinance,Article 1-13:Design
Standards,Section 1-13-4,Art in Public and Private
Developments",one paper copy and one electronic copy
which are accessible on the city 's website and filed in
the office of the city clerk,which document was made a
public record by Resolution No.19-24 of the City of Apache
Junction,is hereby referred to,adopted and made a part
hereof as if fully set out in this ordinance,pursuant to
A.R.S. § 9-802.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes 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 codes or regulations 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 portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise,any violation of any provisions adopted
herein,shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code,Volume 1,Chapter 1:GENERAL,
Article 1-8:PENALTY.
SECTION V ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall be effective beginning
January 2,2020.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS /7 D AY OF , 2019.
SIGNED AND ATTESTED TO THIS / 7 4i DAY OF SpLecniytt , 2019.
ORDINANCE NO. 1477
2 OF 3
ATTEST:
NNIFEly PENA
eputy City Clerk
a 7 11L4
APPROVED AS TO FORM:
9.1819
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1477
3 OF 3
2019 Amendments to Apache Junction City Code, Volume II,
Land Development Code,Chapter 1:Zoning Ordinance,Article 1-13:Design Standards,
§ 1-13-4,Art in Public and Private Developments
ARTICLE 1-13: DESIGN STANDARDS
1-13-4 ART IN PUBLIC AND PRIVATE DEVELOPMENTS
A.Intent:
Public art celebrates the city's identity, enhances public spaces, strengthens
residents' ties to the community, attracts new businesses and tourism and
promotes citizen awareness of, and interest in, the arts. Placing art in publicly
accessible spaces creates a more desirable place to live, work and visit and
improves the health, safety and welfare of the community.Public art projects
have the potential of connecting new commercial and residential development to
the community and creating a vibrant sense of place for residents and visitors.
Art installations in both public and private development that are accessible to the
public further enhances these spaces, serves as a cultural resource and
establishes a distinctive local identity.
B.Scope and Applicability:
Public art shall be installed as follows:
1.Developers of any private new mixed -use and/or commercial (including retail,
office, lodging, planned development) building, or the expansion of any
mixed -use and/or commercial building, including all phases of a multi -phase
project and including religious institutions and nonprofit organizations, shall:
1) devote an amount equal to one percent (1%) of building construction costs
for the acquisition and installation of publicly accessible art with a maximum
of $100,000 per building on the development site; or 2) contribute an equal
amount to city's segregated Art in Public Places Fund ("APPF"). The required
expenditure shall be based on the building permit valuation which shall be
confirmed by the building and safety manager.
a.For smaller projects a floor is established at .25 percent of the valuation
for commercial projects under 5,000 square feet.Projects between 5,000
square feet and 10,000 square feet shall be .5 percent of the valuation
and all other projects exceeding 10,000 square feet shall be one percent
(1%) of the valuation.A ceiling is established at $100,000 per building for
larger projects.
b.Developers of any new multifamily building(s) of 10 dwelling units or more,
and/or the expansion of any existing multifamily residential building(s) by
10 dwelling units or more, shall; 1) devote an amount equal to one percent
(1%) of building construction costs for the acquisition and installation of
publicly accessible art on the development site; or 2) contribute an equal
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amount to the city's segregated APPF. The required expenditure shall be
calculated based on the total number of dwelling units in the project and
the building permit valuation which shall be confirmed by the building and
safety manager.
3.For new public construction projects involving construction costs over fifty
thousand dollars ($50,000), one percent (1%) of the construction cost shall be
used for public art.All allocations of funds for eligible projects shall include
an amount equal to one percent (1%) of the projected construction project
cost at the time the project is included in the city's capital improvement
program to be used for the selection, acquisition, commissioning and display
of art.
4. Renovation exceeding 50% or more of the gross floor area of a mixed use
and/or nonresidential building calculated based on the gross floor area of the
entire building at the rate applicable to construction of the same type triggers
the one percent (1%) contribution.
C.Exemptions include all of the following:
1.Industrial uses, communication facilities, utility installations and similar
projects as determined by the development services director;
2.Federal, state, or county projects or structures;
3.Residential uses other than multifamily;
4.Public art expenditure not legally permissible due to the constraints imposed
by the funding mechanism;
5.Routine maintenance projects such as surface treatments;
6.Safety improvements such as sidewalks and overlays with shouldering for
bike lanes;
7.For public construction projects where the city has significant budgetary
constraints that necessitate cost reduction, the city council may on a case -by-
case basis eliminate or reduce city funds dedicated for art on a specific
project.
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D. Art in Private Development:
1.Art Plan Submittal:
At the time of the application for a building permit, the developer will outline
plans for incorporating public art in or on the development site, or make a
donation of in -lieu funds to the APPF. Art must be installed in accordance with
approved plans or the fee in -lieu of paid prior to receiving a certificate of
occupancy.
The applicant shall:
(a) Contact the development services department regarding the art in private
development. Building division staff will calculate the public art budget in
accordance with subsection (B)above after a building permit submittal
with cost estimates has been received.
(b) Submit a public art plan to the development services department
associated with the site plan application or building permit application for
development and/or redevelopment or expansion demonstrating
compliance with this section based on the calculated public art budget.All
proposed art shall meet the applicable requirements of all other city codes.
The proposed plan for presentation to the Public Art Commission ("PAC")
shall include:
1.narrative of the proposed art
2.conceptual drawings for the public art project
3.detailed itemized budget for the project that includes the city review
process, artist fee, cost of design, fabrication, installation,
maintenance, site preparation, type of base/platform for the project,
plaque and administrative costs
4.agreement or contract with artist
5.scaled site plan depicting the location and visibility of the proposed art
and a landscape plan prepared in accordance with the city's landscape
code
6.scale drawing or model
7.maintenance plan
8.perspective views showing the art in the development context
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(c) Once the development services director and coordinator have determined
that the application is complete, the application shall be referred to the
PAC.The developer will present the plan to the PAC and seek a
recommendation for the project from the PAC. The PAC will review the
plan at a regularly scheduled public meeting and determine if it meets the
qualifications for aesthetic merit, durability and suitability to be placed in a
public space, as defined under the design principles enumerated in
subsection (D)(3) below. The PAC may recommend approval, denial, or
recommend approval with changes based on the art criteria and inform the
applicant in writing. The applicant may appeal to the city council within 30
calendar days of the PAC decision and the council will hear the appeal at
a regularly scheduled public meeting within 60 calendar days from the
filing date of an appeal by the applicant.
2.Design and Location Requirements:
Public art shall be designed by an artist. If a design team is employed to
create public art, at least one (1) team member shall be an artist. An artist
shall mean any professional practitioner in the arts, generally recognized by
critics and peers as a professional in the field as evidenced by his/her
education, experience and artwork production. The artist may work with
architects, landscape architects, engineers, lighting designers and/or other
professionals, but he or she must be the primary designer of the project and
must hold the contract with the developer for the work of art.This is
evidenced by a portfolio or resume which demonstrates projects previously
commissioned, completed and paid for specifically for public art.
(a) Public art shall not include any of the following unless specifically
allowed by the PAC and the item is designed by an artist:
1.architectural elements or structural parts of a building or other structure
2.fixtures
3.features such as grates, shade screens, streetlights, benches, signs,
and bike racks
Designs of the above items shall definitively result in artistic expression
beyond the normally anticipated functional appearance.
(b) Public art shall be original work, produced by an artist, shall be in an area
easily accessible and clearly visible to the general public and shall allow
for unrestricted viewing from a variety of vantage points, in types of media
including, but not limited to, sculpture, mural, drawing, painting,
photographic and mosaic. Public art may be stand-alone or integrated into
the architecture or landscaping and should encompass the broadest range
of expression, media and materials. Public art should consider the site,
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context and audience. Public art may possess functional as well as
aesthetic qualities.
(c) Appropriations for the acquisition of public art shall not be expended for
any of the following:
1.art objects which are mass-produced and of standard design; however,
limited editions, signed by the artist, original prints, cast sculpture or
photographs may be purchased
2.decorative or ornamental elements (unless for the security of the public
art or to ensure public safety) which are designed by the building
architect or consultants engaged by the architect
3.expenses related to the ongoing operation of the public art, such as
electrical, water, or mechanical service required to operate the public
art
(d) Non -eligible public art and costs includes business logo; directional
elements such as super graphics or signage; mass-produced fountains,
sculptures, and playground equipment; decorative or functional elements
created by professionals other than an artist commissioned for this
purpose; art reproductions; landscaping elements normally associated
with the art; service or utilities necessary to operate art; maintenance
costs; architect fees; and normally required improvements and
development costs, including but not limited to land acquisition, grading,
paving, sidewalks and landscaping.
(e) Public art may be located on a publicly viewable building façade, provided
such location improves overall public accessibility to the art.
(f) Art may be located within a building subject to approval by the PAC. The
applicant shall demonstrate that the interior location for art provides equal
or superior public access relative to outdoor locations. Indoor locations
shall be readily accessible to the public such as lobbies and entryways
and shall be accessible to the public for a minimum of forty (40) hours
each week.
(g) Upon the recommendation of the zoning administrator, the location of
public art shall be approved by the PAC and shall be indicated on the
landscape plan, floor plan, development plan, plat or other appropriate
document as determined by the zoning administrator.
(h) Public art shall be permanent, and may be integrated with the work of
other design professionals.
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(i)Public art shall not be located in sight visibility triangles, but can be located
in the center of a roundabout island.
(j)Location of art in a proposed or existing city right-of-way shall be
approved by the city engineer.
(k) Off -site (art not located on a developer's project site) locations within the
city for public art must be approved by the city council, upon review and
recommendation by the PAC.
3.Design Principles:
Assessment of public art applications shall be based on conformance with the
adopted Public Art Guidelines ("PAG") and fulfillment of the following
principles:
(a)Quality:Demonstrates originality, artistic quality, and excellence in design
and craftsmanship, shown through renderings, explanation of
construction, materials and artist resume.
(b)Response to Context:Be appropriate in scale, material, form and context
for the immediate and general social and physical environments with
which they relate.
(c)Durability:Include consideration of structural and surface integrity,
permanence, and protection against theft, vandalism, weathering, and
excessive maintenance and repair costs.
(d)Integration:In addition to meeting aesthetic requirements, should also
serve to establish focal points, modify, enhance or define specific spaces
or establish identity.
(e)Safety:Not present a hazard or create unsafe conditions.
(f)Diversity:Contribute to a variety of style, scale, media, artists, community
values and forms of expression within the city.
(g)Visibility:Be visible and accessible for the purposes of public enjoyment
and security, considering pedestrian and vehicular traffic, lighting, active
hours on site and future development and vegetation growth.
(h)Feasibility:Include consideration of the likelihood of successful completion
based on: project budget, timeline, artist experience and soundness of
materials.
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(i)Advertising Elements:Shall not reflect or include advertising elements of a
business or corporation, including colors, graphics, logos or other
representations of corporate identity.
4.Installation, Ownership and Maintenance:
(a) Required public art installations created for private development and
placed on private property shall be privately -owned and maintained by the
property owner or a homeowners association ("HOA"). Public art
responsibilities shall transfer and run with the land from property owner to
property owner and all successors and assigns. If the city accepts
ownership of the art, the land on which the art is placed shall be dedicated
to the city or a perpetual easement shall be recorded granting the city
perpetual egress, ingress, maintenance and placement rights.
(b) Prior to issuance of a certificate of occupancy, the approved art shall be
installed, inspected and certified completed in accordance with approved
plans by the director of development services and/or coordinator. The city
may withhold the final certificate of occupancy until public art installation is
completed.The director of development services may agree to an
extension of time of up to six months. If an extension of time is granted,
then prior to the issuance of the certificate of occupancy, a cash deposit or
letter of credit in an amount guaranteeing the complete installation of the
art plus an additional 10% administrative fee based upon the original
permit fee amount for the public art portion shall be deposited by the
owner or developer with the city. If an extension of time is granted and
there is a failure to completely install the art approved by the director
within six months of the issuance of the certificate of occupancy, it shall
result in forfeiture of the deposit or letter of credit and the money
deposited shall be deposited into the APPF.
(c) Public art must remain on public display and shall be maintained in like
new condition in perpetuity by the property owner.The art shall be
maintained to preserve its intended appearance as specified in the
approved application. Faded paint, missing or damaged parts, or
deteriorated finishes represent unacceptable maintenance conditions.
1.The original artist shall be offered the opportunity to provide
maintenance and repair services for the art they create. If the original
artist will not be maintaining the art, documentation of the owner's
request to the artist for maintenance and repair services shall be
submitted with the maintenance plan.
2.A maintenance plan specifying the parties intended to complete
repairs, required maintenance steps, and frequency of maintenance
shall be submitted with the application for public art approval. If the
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parties identified to perform maintenance and repairs are not the
original artist, a statement of the parties' qualifications to repair and
maintain public art shall be submitted with the maintenance plan.
Qualified individuals shall have experience working with the media and
materials used in the art.
3.Replacement of missing or damaged public art is required, unless the
property owner and/or developer provides documentation that shows
that the art was properly maintained in accordance with the approved
maintenance plan. Property owners and/or developers are required to
respond to inquiries from the city regarding damaged or missing public
art within fifteen (15) calendar days of written notice.
4.Failure to maintain the art, as determined by the director shall
constitute a violation of this code, and/or cause liens against the real
property.
(d) In the event that any art placed on the development as a result of this
section is removed or destroyed, the owner or developer shall, within one
hundred eighty (180) calendar days of the removal or destruction:
1.Replace it with art that meets the requirements of this section and is
equal to the removed/destroyed art's fair market value as determined
by an independent appraiser specializing in works of art immediately
prior to its removal or destruction; or
2.Make a cash payment to the APPF in an amount equal to the square
foot gross floor area of the development multiplied by the minimum
investment requirement set forth above that is applicable at the time of
the removal or destruction of the art or within 180 days after the city
has been made aware.
(e) A public art installation schedule, addressing timing, budget allocation, art
location(s), and specific details for each phase of a phased development
project, shall be submitted for review by the zoning administrator,
coordinator and PAC. Each development phase shall include public art
allocated proportionally to building valuation or unit count as determined
by the zoning administrator.
(f) The installation of the art shall be done in a manner that will protect the art
and the public. The general safety and permanence of art installation shall
be inspected as determined by the city building and safety manager,
zoning administrator and coordinator. Incomplete or unsafe installations
shall not be approved.
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(g) Art projects shall have a small plaque not to exceed eighty (80) square
inches in size identifying the title, date and artist. The plaque shall contain
the names of the current mayor and councilmembers, the PAC members,
date of installation and the words "This public art installation was made
possible by the developer and the Apache Junction Public Art Program."
(h) The property/public art owner shall be responsible for the services and
utilities necessary to operate and/or maintain public art over time.
(i)The property/public art owner shall provide evidence of insurance in a
minimum amount equal to the purchase and installation costs of the public
art and shall maintain such insurance at all times. A certificate of
insurance shall be submitted to the director on an annual basis.
(j)Public art cannot be permanently removed, relocated or altered in any way
without the review and approval of the PAC.
(k) If the developer and/or owner satisfies the public art requirement in
accordance with all subsections of this document, the public art previously
installed on the development site may subsequently be removed if the
developer and/or owner makes a public art program in -lieu contribution
equivalent to the original calculated amount to the APPF.
Developer/owner will follow the terms of the Visual Artist Rights Act of
1990, (17 U.S.C. § 106A) (the "Act"), regarding the
modification/destruction of the art, unless the artist has waived rights
under the Act.
(I)In the event public art must be temporarily moved or altered due to
construction or other activity, the property owner and/or developer shall
submit in writing a request to the PAC detailing the purpose, time frame
and intended temporary location for the art. The request must be
approved by the PAC, with reference to the maintenance plan, prior to
movement or alteration of the art. The art shall be returned to its original
location.
(m)The property owner and/or developer of phased developments shall obtain
a certificate of completion for the art before issuance of the first certificate
of occupancy for the first phase of development, except as allowed in
section (8) below entitled "Deferment of Art Installation."
(n) Each property owner and/or developer within a multi -property
development shall separately comply with this ordinance before the
issuance of the certificate of occupancy for the property owner/developer's
respective portion of development, except as allowed in the section
entitled "Combination of Art Requirements"under section (5) below and
"Deferment of Art Installation Requirements"under section (8) below.
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5.Combination of Art Requirements:
(a) The property owner/developer of a phased or multi -property owner
development may combine the art requirements for each phase of each
property owner/developer, upon the PAC's approval of a Conceptual Art
Plan for the development. The zoning administrator may enter into a
written agreement with the property owner/developer regarding combined
art requirements. The agreement shall be in a form approved by the city
attorney and recorded against the property. The agreement shall include,
but not be limited to:
1.The property owner/developer art requirements
2.The schedule for installing the art
3.The penalties for the property owner/developer's breach of the
agreement
4.The remedies for such breach
6.Eligible Costs for Public Art Installation:
(a) The minimum art investment shall take the form of either: 1) an on -site
exterior installation by a developer approved by the PAC; or 2) at the
developer's discretion, an equivalent cash contribution to the APPF. A
combination of the above options is also acceptable.
(b) If specifically approved by the PAC, art budgets may include integrated
pedestals, bases, walls, utility extensions and architect fees.The
following on -site art and costs are acceptable under this section:
1.building features and enhancements that are unique and produced by
a professional artist
2.landscape art enhancements such as enhanced walkways, bridges,
unique water or unique art features
3.murals or mosaics covering walls or walkways
4.professional artist sculptures that can be freestanding, wall -supported,
or suspended and made of durable materials suitable to the site
5.expenses eligible for the minimum investment, to include:
a. professional artist compensation
b. fabrication and installation of the art
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c. site preparation
d. structures enabling the artist to display the art
e. documentation of the art
f. acknowledgment plaque identifying the artist and the art
(c) For multi -phase projects or where building permit valuation has changed,
an updated public art budget, based on the most current building valuation
tables, shall be submitted for each phase at the time of application for
public art approval.
(d) Upon installation of public art, any unexpended funds shall be deposited
into the APPF.
7.Conveyance of Art:
(a) Approval by the city council, upon recommendation of the PAC, to accept
as a gift to the city, after a two-year warranty period, privately owned
public art, will be:
1.Provided at no cost to the city, including re -installation costs.
2.Gifted in accordance with the city's gift policies.
3.Maintained by the property owner in accordance with the city's public
art policies for two-year warranty period.
4.Transferred to the city in a form approved by the city attorney,
including provisions to indemnify the city and allow the city to relocate
the art.
5.Accessible to the public, by an easement to the city from the public
street to the art, for access and maintenance, subject to the city
engineer's approval. The easement shall be in a form approved by the
city attorney.
6.After more than the two-year warranty period, the council may accept
art only if the property owner has maintained it in accordance with this
ordinance.
7.If the city determines that the art has not been maintained, the property
owner shall continue to own and maintain the art in accordance with
this ordinance.
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8.Deferment of Art Installation:
(a) Before the issuance of the first building permit for the development or the
first phase of a development, the zoning administrator may enter into a
written agreement with the property owner(s) regarding installing art or
paying an in -lieu payment on a deferred schedule. The agreement shall be
in a form approved by the city attorney and recorded against the property.
The agreement shall include, but not be limited to:
1.The property owner/developer's art requirements
2.The schedule for installing the art
3.The penalties for the property owner/developer's breach of the
agreement
4.The remedies for such breach
9.In -lieu of Cash Contribution:
(a) The developer shall provide art in a place accessible to the public or make
a payment in -lieu thereof which shall be placed in the APPF.
Contributions of art or a payment in -lieu shall be made in according to the
following:
Development Valuation Purchase of art for project site Contribute to the In Lieu of Fund
<$49,999 Not applicable All funding
$50,000 - $4,999,999 Any combination
<$5,000,000 Minimum of $50,000 Any additional balance
1.The PAC may determine that, due to remoteness of location, limited
access, or any other cause that may prevent the required public art
from fulfilling the intent of these provisions, the fee shall be made as an
in -lieu fee to the APPF.
2.The in -lieu fees paid to the APPF may be used for the maintenance of
publicly owned art.
E.Administration of Art in Public and Private Development Program
The Art in Public and Private Development ("APPD") program shall be
administered by the PAC in coordination with the development services
department and the finance department,
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1.The APPD program funds in the APPF will be spent for each project and a
written report on those expenditures shall be prepared and submitted on an
annual basis to the appropriate city staff and council and shall contain a
description and the amount and source of each expenditure for each specific
art project and location of each piece of art(s) purchased or commissioned
with such funding and any unspent balance and the name of each artist.
2.The PAC shall determine the appropriate placement of art(s) commissioned
or purchased under the APPD program as well as art(s) accepted as gifts to
the city.
3.The PAC shall establish artist selection guidelines for the APPD program
projects, including determining whether any selection will be made by open
competition, limited entry (invitational) or direct selection.
4.The PAC shall oversee the maintenance of art (s) in the APPD program
collection.
5.The PAC shall solicit, receive and review comments and recommendations
regarding the selection of art restoration and conservation projects, and to
make the final selection of the restoration and conservation projects that will
receive APPD program funding.
6.The city's finance director shall establish a segregated fund designated as the
APPF into which funds appropriated or derived from gifts or donations and
developer in -lieu contributions for public art shall be deposited.
7.For the budget year in which the city council appropriates funding for eligible
public construction projects, the public art allocation shall be deposited into
the APPF in accordance with procedures established by the city's finance
director. The deposited funds will include an inflation factor for the number of
years that the project was in the capital improvements program plan and not
implemented. As individual public art projects generally span more than one
fiscal year, funds will be available for successive fiscal years.
8.Monies collected in the APPF shall be budgeted and expended and used for
projects commissioned pursuant to this article. Each disbursement from such
account or from other appropriations for art shall be recommended by the
PAC and authorized in accordance with applicable law and accounting
principles governing expenditures from the city's budget. Separate accounts
shall be established whenever funds are required to be used at a designated
capital improvement project.
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