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 capital or
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
Acquisition by purchase, lease, loan, gift or commission.
ART, ARTWORK, or WORKS OF ART
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.
ARTIST
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.
ARTS COMMISSION
The Advisory Commission on Arts and Culture as established in Chapter
11, Article
X.
BOND FUNDS
The sale proceeds of any general obligation bonds of the
City approved by the electors of the City after July 1, 2017.
CAPITAL CONSTRUCTION COSTS
The costs expended for the actual construction of a given
improvement or building, public or private, including remodeling,
renovation or reconstruction.
CITY
The City of Pawtucket, Rhode Island.
CITY CONSTRUCTION PROJECT
Any capital project paid for wholly or subsidized by the
City of Pawtucket to construct or remodel any building, or any permanent
structure together with all grounds and appurtenant structures which
are intended to act as offices, workshops, courtrooms, hearing or
meeting rooms, public safety facilities, public recreational facilities
or other space for carrying on the functions of the City; parking,
eating, sleeping, medical, dental, library, museum space for use by
the general public; or a facility used to house conventions, trade
shows, exhibitions, displays, meetings, banquets, and other events
as well as facilities related thereto. This definition does not include:
public school facilities, public water facilities, parks, public highways,
bridges, sewers, fishponds, fish hatcheries, service and restroom
facilities at City parks, or separate buildings not part of a larger
construction project, which are intended solely as storage, warehouse,
or maintenance and repair facilities.
PUBLIC ART
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.
PUBLIC ARTS COMMITTEE
The Committee of the Advisory Commission on Arts and Culture
that manages and makes recommendations to the City Planning Department
regarding the Pawtucket Percent for Public Art Program and advises
on all other public art projects for the City.
SUBSIDY
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-paid improvements
for a project greater than $1,000,000 in value, which would otherwise
be borne by the applicant; 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,
except for bond funds, 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. Appropriations made as provided for in this article;
B. Bond funds, to be maintained in a separate account, as provided for
in this article;
C. Grants, from governmental or other sources;
D. Gifts, if the terms of the gift are consistent with the purposes
of this article and other lawful requirements.
This article shall apply to construction projects financed with
general obligation bonds of the City approved by the electors of the
City after July 1, 2017. This article shall not apply to the proceeds
of any refunding bonds. Any funding for art, artwork, or works of
art derived from bond funds must be maintained in a separate account
established by the City Finance Department for bond accounting purposes,
and shall be allocated and accounted for in accordance with state
and federal law applicable to bonds. Any art, artwork, or works of
art purchased with bond funds must constitute a capital expenditure
for permanent art, shall not be rented art, and shall have a use life
of at least five years.
The City Council shall receive an annual written report from
the Public Arts Committee outlining the revenue, expenditures and
projects of the Public Art Fund.
The Public Arts 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 Advisory
Commission on Arts and Culture; one member shall be from the Pawtucket
Foundation; one member shall be an artist or member of an art organization;
one member shall be an architect, designer 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.
Artists and their works of art to be acquired under this article shall be selected by the City Planning Department with recommendations from the Public Arts Committee chosen pursuant to §
40-110B(1)(h) for each project.
For projects subject to the provisions of this article, tax stabilization agreements authorized by Article
XX of Chapter
363 of the Pawtucket Code of Ordinances may be extended to six years for an administrative tax stabilization agreement pursuant to §
363-76 of Article
XX and to 11 years for a City Council approved tax stabilization agreement pursuant to §
363-79 of Article
XX.