This chapter shall be known as the "Art in Public Places" program
of the City of Milwaukie.
(Ord. 2125 § 1, 2016)
Artistic and cultural resources are essential to the quality
of life of a community. Art in Public Places contributes to the economic
vitality of a region by improving the quality of the built environment
and fostering a positive community identity. Historically, artists
have helped shape great civic projects, from federal monuments to
community development projects of local government agencies and special
districts. Art in Public Places for the City of Milwaukie integrates
art into public capital improvement projects and development projects,
which enhances Milwaukie's visual environment for those who live here
now and for generations to come.
(Ord. 2125 § 1, 2016)
"Art in public places"
means the program established by this ordinance to set aside
a percentage of the total cost of City projects for Art in Public
Places artwork.
'"Art in public places fund "
means a City fund or account into which all moneys derived
pursuant to this chapter shall be deposited. Monetary contributions
for Art in Public Places shall also be deposited into the Art in Public
Places Fund. Funds within the Art in Public Places Fund shall be solely
utilized for the purposes outline in this chapter.
"Artwork"
means all forms of original works of art accessible to the
public and/or public employees including:
A.
Painting of all media, including both portable and permanently
fixed works, such as murals;
B.
Sculpture which may be in the round, bas-relief, high-relief,
mobile, fountain, kinetic, electronic and others, in any material
or combination of materials;
C.
Other visual media including, but not limited to, prints, drawings,
stained glass, calligraphy, glass works, mosaics, photography, film,
clay, fiber/textiles, wood, metals, plastics or other materials or
combination of materials, or crafts or artifacts;
D.
Works of a wide range of materials, disciplines and media which
are of specific duration, including performance events, and which
are documented for public accessibility after the life of the piece
has ended;
E.
Art works that possess functional as well as aesthetic qualities.
"City project"
means any capital or development project in an amount over
$50,000.00 paid for wholly or in part by the City of Milwaukie to
construct, rehabilitate, remodel or purchase for a public use any
building, decorative or commemorative structure, park, parking facility
or any portion thereof within the limits of the City of Milwaukie.
"City project" does not include street, pathway or utility construction;
emergency work; minor alterations; ordinary repair or maintenance
necessary to preserve a facility; or service facilities not normally
visited by the public, such as maintenance sheds or storage buildings,
or any project financed by a publicly approved bond measure prior
to July 1, 2016.
"Eligible funds"
means a source of funds for projects from which art is not
precluded as an object of expenditure.
"Selection committee"
means the committee established by City staff and the Milwaukie
Arts Committee for each project. The selection committee is solely
responsible for artist selection, review of design, execution, placement
and acceptance of Art in Public Places artwork, and shall communicate
such progress to City Council.
"Total cost"
means the entire amount of the City's contribution toward
the construction or purchase of a City project. "Total cost" does
not include costs for design and engineering, administration, fees
and permits, building demolition, relocation of tenants, contingency
funds, change order costs, environmental testing or indirect costs,
such as interest during construction, advertising and legal fees.
When a City project involves the purchase of real property, costs
attributable to land acquisition are not included in total cost, while
costs attributable to improvements on the real property that are acquired
for public use are included in the total cost.
(Ord. 2125 § 1, 2016)
There is hereby created a special City fund or account called
the Art in Public Places Fund into which the monetary contributions
for Art in Public Places shall be deposited.
A. One
and one-half percent (1.5%) of the total cost of City projects shall
be dedicated to Art in Public Places. Such funds shall be deposited
into the Art in Public Places Fund at the time that budgeted funds
are encumbered for the construction or purchase price of the City
project.
1. One
percent of the total cost of City projects shall be used for costs
associated with the acquisition of Art in Public Places artwork including,
but not limited to, the design, purchase and siting of artwork.
2. One-half
percent (0.5%) of the total cost of City projects shall be used for
costs associated with administration of the Art in Public Places Program,
including, but not limited to, costs of selection, conservation and
maintenance of the collection, community education, deaccessioning
and registration of Art in Public Places artwork.
B. Monetary
contributions shall be deposited in separate accounts within the Art
in Public Places Fund if separate accounting is deemed appropriate
by the City Manager or is required by law.
C. Monetary
contributions made other than through the Art in Public Places Program
shall be deposited in the Art in Public Places Fund and may be dedicated
to or earmarked for a specific program or piece of artwork, subject
to acceptance by the City Council.
D. Disbursements
from the Art in Public Places Fund shall be made only after authorization
of the City Manager or the Manager's designee, and shall be made according
to this chapter and any guidelines adopted hereunder.
(Ord. 2125 § 1, 2016)
Art in Public Places artwork selected pursuant to this chapter
may be sited in, on or about any City project or other property owned,
leased or rented by or to the City of Milwaukie. Art in Public Places
artwork may be attached or detached within or about such property,
and may be either temporary or permanent.
(Ord. 2125 § 1, 2016)
The City Council shall adopt guidelines for administration of
the Percent for Art Program. Such guidelines shall:
A. Provide
for the appointment of representatives to the selection committee.
The selection committee 's membership shall include a Project architect,
engineer, or project manager of given City project; constituent representative
(i.e., user of the facility being built or renovated); two representatives
of the Milwaukie Arts Committee; two professional artists; one Community
Development Department representative; one Neighborhood District Association
representative from the respective neighborhood; one member of City
Council.
B. Provide
for a method or methods of selecting and contracting with artists
for the design, execution and siting of Art in Public Places artwork.
C. Determine
the dedication and disbursement process for the Art in Public Places
Fund.
D. Clarify
the responsibility for maintenance of Art in Public Places artwork,
including any extraordinary operations or maintenance costs associated
with Art in Public Places artwork, prior to selection.
E. Facilitate
the preservation of art objects, ethnic and cultural arts and crafts,
and artifacts.
F. Provide
a process to deaccession artwork.
G. Set
forth any other matter appropriate to the administration of this chapter.
H. Provide
for annual reporting to City Council and the Milwaukie Arts Committee
on the Art in Public Places Program progress.
(Ord. 2125 § 1, 2016)
All Art in Public Places artwork acquired pursuant to this chapter
shall be acquired in the name of the City of Milwaukie, and title
shall vest in the City of Milwaukie.
(Ord. 2125 § 1, 2016)