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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 26 (STREETS, SIDEWALKS, PUBLIC PLACES) OF THE CODE OF THE CITY OF WEST PALM BEACH, FL, 1979 AS AMENDED, AT ARTICLE VIII. ENTITLED “ART IN PUBLIC PLACES” BY ESTABLISHING A FUNDING ALLOCATION AND IMPLEMENTATION GUIDELINES FOR THE SELECTION, COMMISSION, ACQUISITION AND MAINTENANCE OF ART IN PUBLIC PLACES; APPROVING AND ADOPTING THE ART IN PUBLIC PLACES IMPLEMENTATION GUIDELINES; PROVIDING A CONFLICSTS CLAUSE, A SEVERABILITY CLAUSE AND A CODIFICATION CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the City Commission of the City of West Palm Beach has acknowledged the importance of art in the lives of City residents and visitors by creating in the City code and Art in Public Places Committee to advise and assist the City Commission concerning art in public places within the City of West Palm Beach; and

            WHEREAS, the City Commission desires to set forth additional provisions in the City Code establishing a funding allocation and implementation guidelines for the selection, commission, acquisition and maintenance of art in public places;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA that:

SECTION 1:   Chapter 26 (STREETS, SIDEWALKS, PUBLIC PLACES) of the Code of the City of West Palm Beach, Florida, 1979, as amended, is amended at Article VIII. entitled “Art in Public Places” by the addition of a Sec.26-153, such section to read as follows:

Sec. 26-153. Art in public places-funding allocation.

1. As qualified by the provisions of this article, all estimates for the new construction, renovation or remodeling of eligible public improvements by the City of West Palm Beach and all authorizations of appropriations for such projects shall include an amount of not less than one percent (1%) of the total estimate and appropriation for the construction of the eligible public improvements to be used toward the selection, commission, acquisition and maintenance of works of art in public places.  This funding allocation shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00) in any budget year.

A separate account shall be established by the City and the funds allocated shall be kept separate from any other City funds.  Any funds not expended in the account in any fiscal year shall be carried over in the account into the following year.  Upon the Art in Public Places Committee’s recommendations and upon authorization of the City Commission the funding ceiling for any budget year may be exceeded for any large scale project.

1. Eligible public improvements shall be:
1. any public building, facility or structure which permits public occupancy of all or a portion thereof.
2. any public park or recreation facility.
3. any sidewalk, pedestrian or bicycle pathway.

1. Ineligible public improvements shall be:
1. any basic road projects including, but not limited to construction, resurfacing, curbing, drainage, striping and signalization.
2. any public utility project.
3. any public building, facility or structure which is not accessible to the public.
4. any project funded by a revenue source, which by law cannot be utilized for the acquisition of works of art.
5. any acquisition of land.
6. any eligible public improvements which are in progress upon the adoption of this funding allocation provision, and upon which the construction budget cannot be modified to allow for the funding allocation.

1. All requests for proposals and bid specifications for eligible public improvements shall incorporate said art in public places funding allocation.

SECTION 2:   Chapter 26 (STREETS, SIDEWALKS, PUBLIC PLACES) of the Code of the City of West Palm Beach, Florida 1979, as amended, is amended at Article VIII. Art in Public Places, by the addition of a Sec. 26-154, such section to read as follows:
Sec. 26-154.  Implementation guidelines for the art in public places funding allocation.  The selection, commission, acquisition and maintenance of works of art in public places shall be in accordance with the Art in Public Places Implementation Guidelines approved and adopted by the city commission.

SECTION 3:  The City Commission of the City of West Palm Beach hereby approves and adopts the Art in Public Places Implementation Guidelines, a copy of which are attached hereto for reference as “Exhibit A”.

SECTION 4:  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 5:  Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid.

SECTION 6:  Specific authority is hereby granted to codify the relevant provisions of this ordinance.

SECTION 7: This ordinance shall take effect immediately upon its passage at second reading. 

First reading:  January 29th, 1990. 
Second reading and final passage:  February 12, 1990.