[Approved 12-21-2017 by Ch. No. 3147]
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 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 sale proceeds of any general obligation bonds of the
City approved by the electors of the City after July 1, 2017.
The costs expended for the actual construction of a given
improvement or building, public or private, including remodeling,
renovation or reconstruction.
The City of Pawtucket, Rhode Island.
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.
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 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.
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.
A.
Funding and allocation.
(1)
City construction projects.
(a)
For all City construction projects that exceed a cost of $500,000,
the City should allocate an amount equal to 1% of the construction
costs to be expended on works of art. The amount shall be capped at
$150,000 per project. This allocation shall be deposited into the
Public Art Fund. The Public Arts Committee is to be notified of any
eligible construction projects by the Department of Planning and Redevelopment.
(b)
Of the 1% appropriated for public art, 90% shall be deposited
in the Art Acquisition Account of the Public Art Fund and 10% will
be deposited in the Maintenance Account of the Public Art Fund used
for maintenance of public art. This requirement shall not be applicable
to projects financed by bond funds. For construction projects funded
with bond funds, 100% of the 1% for art shall be applied to the acquisition
of public art, and not to maintenance costs.
(2)
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 Planning Department
with a budget of no less than 1% to be expended on works of art by
for-profit developers and 0.5% by nonprofit 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 and on
nonprofit projects at $100,000. 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% or 0.5%
either to purchase art for their projects, as reviewed and meeting
the criteria of the Public Art 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 Committee. Funds received from the developer
shall then be held in escrow, to be disbursed by the City Planning
Department. 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 Committee 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 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.
A.
The City Planning Department will administer the Pawtucket Public
Art Program and will provide a designated staff member to provide
administrative help to the Public Art Committee as it would to other
City boards or commissions.
B.
Public Arts Committee.
(1)
The Public Arts Committees shall:
(a)
Make periodic reviews, at least annually, of all eligible City-sponsored
or -subsidized capital improvement projects with appropriate City
department heads or designees.
(b)
Recommend 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 determined by the Public Arts Committee.
(c)
Recommend the scope of work 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.
(f)
Recommend rules and responsibilities for formal contractual
agreement with each artist.
(g)
Recommend standards and requirements for artists with respect
to the installation and maintenance of the works of art, both ordinary
and extraordinary.
(2)
The Public Arts 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 Planning Department will provide a designated staff member
to provide administrative help 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 Planning Department with recommendations from the Public Arts 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 twentieth year following the
death of the artist.
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.
