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HomeMy WebLinkAboutORD1478ORDINANCE NO. 1478 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 2:MAYOR,COUNCIL,AND APPOINTED BOARDS AND COMMISSIONS,BY CREATING NEW ARTICLE 2-9:PUBLIC ART COMMISSION;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, public art is a rapidly growing facet of municipal development; and WHEREAS, on October 15, 2018, a presentation was made to the mayor and city council about public art and the need for a commission; and WHEREAS,the mayor and city council determined there is a need for an art commission to focus on publicly viewable art, provide funding mechanisms for public art and create policies and a framework for the implementation of a public art program; and WHEREAS,on December 4,2018,council directed staff to create a commission and on June 4, 2019, staff presented council with an update on the progress of the commission concept; and WHEREAS,a work session on September 3,2019 and a public hearing on September 17,2019 were held to discuss the proposed art commission amendments to the city code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code,Volume I,Chapter 2:Mayor, Council,and Appointed Boards and Commissions,is hereby amended by creating new Article 2-9:Public Art Commission,in its entirety, to read as follows: ARTICLE 2-9:PUBLIC ART COMMISSION Section 2-9-1 2-9-2 2-9-3 2-9-4 2-9-5 2-9-6 2-9-7 2-9-8 Creation Membership and Terms of Office Duties Officers Meetings Vacancies Removal of members Appropriateness of public art ORDINANCE NO. 1478 PAGE 1 OF 5 .S- § 2-9-1 CREATION The Public Art Commission (hereinafter the "Art Commission")of the City of Apache Junction is hereby created. § 2-9-2 MEMBERSHIP AND TERMS OF OFFICE (A)The Art Commission shall consist of 7 members who shall be appointed and approved by the mayor and city council. (B)Membership shall be comprised as follows: (1)Two (2)members:practicing artists (either resident or not) from the visual, public, and performing arts discipline; (2)Two (2) members:a person (either resident or not) with an interest in visual,performing arts,architecture or urban design; (3)One (1) member:practicing professional (either resident or not)from the field of design,or architecture.Should an eligible applicant not apply,an additional practicing artist shall fill this seat; (4)One (1) member:a person (either resident or not) with an interest the history of Apache Junction,the State of Arizona, and/or the surrounding area; and (5)One (1) member:a regional business representative from an organization that supports the arts and culture; The Commission shall have,at a minimum,four Apache Junction city residents represented.In the event,a practicing professional or a person with an interest in history does not apply for the commission,an additional practicing artist shall be considered. (C)The appointments shall be staggered so that the terms of no more than 3 members will expire in any given year.The initial appointments for 3 members shall be terms beginning on November 1, 2019, and expiring on October 31, 2022 and for 4 members with terms beginning on November 1,2019 and expiring on October 31, 2023. (D)Upon expiration of the initial terms of office,all new appointments shall be made by the mayor and council for full 3- year terms and all such terms shall expire on October 31st of each year, except that in the event of death or resignation of a member,the vacancy shall be filled by appointment by the mayor and council for the unexpired term.The term of all members shall extend until their successors are qualified. ORDINANCE NO. 1478 PAGE 2 OF 5 (E)Art Commission members shall receive no salaries or other remuneration for their services in such capacity, and they shall not be entitled to personal expenses incurred by them in the discharge of their official duties,except to the extent that such expenses are authorized and approved in advance by the city manager or his or her designee. § 2-9-3 DUTIES It shall be the duty of the Art Commission to: (A)Promote public art; and encourage diverse citizen participation in (B)Assist corporations,commercial developments,and other private and governmental entities to incorporate public art; (C)Recommend the operating and capital improvement program budgets for the public art program; (D)Conduct the request for qualifications process for all public art installations; (E)Review gifts of art offered to the city for artistic and cultural purposes; (F)Provide information, recommendations and advise city council and staff on public art policies and initiatives relating to the city's mission and vision statements for all art; (G) Serve as recommending body on public art projects relating to art in public places; (H)Serve as the recommending body on public art projects relating to art in private development. § 2-9-4 OFFICERS The Art Commission shall elect a chairperson and a vice chairperson from among its membership to serve for each year of their term.The vice chairperson shall preside at commission meetings in the absence of the chairperson. § 2-9-5 MEETINGS The Art Commission shall establish a regular meeting day and time to be convened in the City of Apache Junction council chambers in compliance with the Arizona open meeting laws.Special meetings may be called as required. ORDINANCE NO. 1478 PAGE 3 OF 5 § 2-9-6 VACANCIES Vacancies shall be filled by the council in accordance to Apache Junction City Code, Vol. I, § 2-9-2 for the unexpired term of the member affected. § 2-9-7 REMOVAL OF MEMBERS Art Commission members shall serve at the pleasure of the council and may be removed by council without the necessity of notice or a public hearing.A member shall not be absent from Art Commission meetings for more than 3 consecutive times without a reasonable excuse. After the absence of 3 consecutive meetings, the senior staff person designated by the city manager to manage the commission shall formally recommend to council that the member be relieved of his or her duties. § 2-9-8 APPROPRIATENESS OF PUBLIC ART Public art shall: (A)Infuse art,culture,and creativity through a community- engaged design which plays on the community's heritage; (B)Build on the community's built environment and distinctive attributes which will highlight the community and provide a sense of place; (C)Collaborate and create partners with the local government, arts groups, artists, and the community; (D)Create city and neighborhood landmarks which connects people to place; (E)Address cultural and environmental appropriateness; (F)Preserve archaeological, historical, and cultural resources; and (G)Consider design principles, materials, and maintenance. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also 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,pre-empted or ORDINANCE NO. 1478 PAGE 4 OF 5 unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance shall take effect on November 1, 2019. CITY OF APACHE JUNCTION, ARIZONA, THIS / 7 DAY OF_,S;otWILA , 2019. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE APACHE JUNCTION, ARIZONA, THIS / 7 DAY OF .....att-7,7,1kuA SIGNED AND ATTESTED TO THIS DAY OF ATTEST: 7 4 1 0 4E19NIFER PeNA DOuty City Clerk APPROVED AS TO FORM: C T 4 91819 R. JOEL STERN City Attorney ORDINANCE NO. 1478 PAGE 5 OF 5 •12.,(e , 2019.