[Approved 12-21-2017 by Ch. No. 3147; 4-25-2024 by Ch. No. 3288]
The City of Pawtucket supports R.I.G.L. § 42-75.2
entitled "Allocation for Art for Public Facilities Act" and feels
that the City has a responsibility for expanding the public experience
of art. The City of Pawtucket recognizes the necessity of fostering
the arts and in developing artists and craftspersons. Art creates
a more humane environment; one of distinction, enjoyment, and pride
for all citizens. The City of Pawtucket recognizes that public art
is also a resource which stimulates the vitality and the economy of
the City and provides opportunities for artists and other skilled
workers to practice their crafts. The City of Pawtucket declares it
to be a matter of public policy that a portion of each subsidized
construction project should have an appropriation to be allocated
for the acquisition of works of art within the community.
As used in this article, the following terms shall have the
meanings indicated:
Acquisition by purchase, lease, loan, gift or commission.
Original frescoes, mosaics, sculpture, drawings, paintings,
printmaking, stained glass, fiber art, fountains, ornamental gateways,
monuments, architectural embellishments, architectural landscaping,
earthworks, or any work of mixed media or other creative expressions
by a professional artist, artisan or craftsperson. Works of art also
include limited edition and signed hand-pulled prints, digital art,
and photography, but do not apply to reproductions. Art as defined
herein includes both permanent and temporary installations.
Any practitioner generally recognized by his or her peers
or by critics as a professional who produces works of art. This definition
does not include the architect of a building nor specifically the
building that is to receive the public artwork.
The City of Pawtucket, Rhode Island.
The costs expended for the actual construction of a given
improvement or building, public or private, including remodeling,
renovation or reconstruction.
Any art situated on property owned or under the control of
the City, or art which is owned by or on loan to the City, or funded
primarily by the City.
The Committee that manages and makes recommendations to the
City Department of Commerce regarding the Public Art Fund.
Any real estate tax treaty or stabilization agreement between
a property owner and the City for a project that is greater than $1,000,000
in value, which results in a tax bill lower than that which would
be rendered by the Assessor's office; or any City-owned land
sold for a project, which land has an assessed value of greater than
$1,000,000 and is sold at a price that is lower than the current assessed
value. A City-backed loan is not considered a subsidy.
A separate fund is established within the City Treasury designated
and maintained as the Public Art Fund into which funds appropriated
shall be deposited. Within the Public Art Fund two accounts shall
be established: the Art Acquisition Account and the Art Maintenance
Account. The Director of Finance shall be the custodian of all funds
collected under this section and he or she shall invest such funds
in accordance with prudent investment procedure. Funds may be derived
and shall be retained from the following:
A.
Funding and allocation.
(1)
City-subsidized construction projects.
(a)
For City-subsidized construction projects that exceed a cost
of $1,000,000, the developers shall be required to submit an estimate
of the construction costs of their projects to the Department of Commerce
with a budget of no less than 1% to be expended on works of art by
for-profit developers. The tax stabilization application shall require
that the contribution for public art be included in the budget that
is submitted for review. The funding for public art on for-profit
projects will be capped at $200,000. The money for these art expenditures
shall be deposited into the Public Art Fund or the fund established
for bond proceeds for art, as necessary.
(b)
All City-subsidized project developers may use their 1% either
to purchase art for their projects, as reviewed and meeting the criteria
of the Public Art Fund Committee, or as a contribution to the Public
Art Fund.
(c)
No certificate of occupancy for any City-subsidized construction
project shall be issued until the 1% of the construction costs is
deposited into the Public Art Fund. Developers of projects that receive
a tax stabilization may apply to the Finance Committee for a one-year
extension from the date that they receive their certificate of occupancy.
If funds are not deposited in the Public Art Fund by the extended
date, the tax stabilization will be null and void.
B.
Disbursements.
(1)
Art for subsidized projects. Subsidized developers who elect to utilize
their deposit to the Public Art Fund for art on their property shall
so notify the Public Art Fund Committee and the Department of Commerce.
Funds received from the developer shall then be held in escrow, to
be disbursed by the City Department of Commerce. Any balance remaining
in escrow after the art project is complete will revert to the Public
Art Fund.
(2)
Public art. No call for public art by the Public Art Fund Committee
and approved by the Department of Commerce shall be made without prior
authority of the City Council's Finance Committee for expenditure
of funds from the Public Art Fund.
The City Council shall receive an annual written report from
the Public Art Fund Committee outlining the revenue, expenditures
and projects of the Public Art Fund.
The Public Art Fund Committee shall be comprised of five members
appointed by the Mayor with confirmation by the City Council, who
shall serve without compensation. One member shall be from the Pawtucket
Foundation; two members shall be an artist or member of an art organization;
one member shall be an architect, designer, engineer or landscape
architect; one member shall be a member of the community who lives,
works and/or owns a business in Pawtucket.
A.
Term of office. Each Committee member shall serve a three-year term,
except that the original five committee members will have staggered
terms, one member for one year, two members for two years and two
members for three years. All future appointments will serve three-year
terms.
B.
Appointments. The Committee and members of the community at large
shall be invited to submit nominations to the Mayor for any upcoming
appointments.
A.
The City Department of Commerce will administer the Pawtucket Public
Art Fund Program and will provide a designated staff member to assist
the Public Art Fund Committee as it would to other City boards or
commissions. The Public Art Fund Committee needs to increase the
B.
Public Art Fund Committee.
(1)
The Public Art Fund Committee shall:
(a)
Make periodic reviews, at least annually, of subsidized capital
improvement projects with appropriate City department heads or designees.
(b)
Advise to the Department of Commerce a set geography for the
placement of works of art within the City, and a specific location
for an individual art work, either at the location of the building
or facility providing funding or as otherwise advised by the Public
Art Fund Committee to the Department.
(c)
Advise the scope of work to the Department of Commerce and the
specific allocation and/or amount to be expended for the works of
art.
(d)
Encourage Rhode Island artists to submit applications to all
calls for art.
(e)
Manage and recommend the selection of public art works to the
Department of Commerce.
(f)
Recommend to the Department of Commerce rules and responsibilities
for formal contractual agreement with each artist.
(g)
Recommend standards and requirements for artists to the Department
of Commerce with respect to the installation and maintenance of the
works of art, both ordinary and extraordinary.
(2)
The Public Art Fund Committee may recommend contracting with professionals
to carry out certain aspects of its responsibilities, but administrative
expenses paid from the Public Art Fund will be limited to $5,000 per
fiscal year unless otherwise authorized by the City Council's
Finance Committee.
C.
The City Department of Commerce will provide a designated staff member
to provide administrative assistance to this Committee as it would
to other City boards or commissions.
Artists and their works of art to be acquired under this article shall be selected by the City Department of Commerce with recommendations from the Public Art Fund Committee chosen pursuant to § 40-110B(1)(h) for each project.
A.
The City receives the rights to sole ownership and public display
of all art on public land acquired under this article, subject to
the following intangible rights retained by the artist:
(1)
The right to claim authorship of the work of art;
(2)
The right to reproduce the work of art, including all rights to which
the work of art may be subject under copyright laws, including, but
not limited to, derivative and publishing rights, but excluding the
right to public display and to photographic reproduction for purposes
of publicity by the City;
(3)
If provided by written contract, the right to receive a specified
percentage of the proceeds if the work of art is subsequently sold
by the City to a third party other than as a part of the sale of the
building or property at which the work of art is located; and
(4)
If agreed between the City and the artist, the artist may extend
to his or her heirs, assignees or personal representatives any of
the above rights until the end of the 10th year following the death
of the artist.
