HomeMy WebLinkAboutORDINANCES-2014-151-O-14Effective Date January 24, 2015 11
12/2/2014
/2/2014
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AN ORDINANCE
Amending City Code Title 2, Chapter 1"Arts Council' And
Amending City Code Title 7, Chapter 16 "Works of Art"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT:
SECTION 1: Title 2, Chapter 1 of the Evanston City Code of 2012, as
amended, is hereby further amended to read as follows:
CHAPTER 1. ARTS COUNCIL
2-1-1. ESTABLISHMENT.
There is hereby established the Evanston Arts Council which shall be composed of
twelve (12) members to be appointed by the Mayor with the advice and consent of the
City Council. No person shall be eligible for appointment to the Arts Council unless such
person be a resident of the City or is employed within the City in a position other than
Alderman, officer or employee of the City.
2-1-2. RATIONALE.
The Arts Council shall encourage the involvement of citizens in artistic expression
and aid in the coordination of private and public artistic and cultural endeavors in order
to increase public support of such activities.
2-1-3. TERMS OF OFFICE.
All appointees to the Arts Council shall serve terms of three (3) years or until their
successors are appointed and confirmed; provided, however, that initially, three (3)
members shall be appointed for terms of one year; three (3) members shall be
appointed for terms of two (2) years; and three (3) members shall be appointed for
terms of three (3) years. The six (6) members appointed pursuant to Ordinance 36-0-00
shall be appointed as follows:
2-1-4. POWERS.
The Evanston Arts Council shall be vested with the following powers.
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(A) To maintain an office properly equipped to discharge its functions.
(B) To have a director and suitable staff appointed by the City Manager in consultation
with the Arts Council.
(C) To recommend to the City Council, annually and at such other times as it deems
advisable, municipal assistance for artists, art organizations and cultural
organizations located within the City; provided, however, that such recommendation
shall not impinge upon nor limit the powers of such organizations to conduct private
fundraising activities among the citizens of the City.
(D) To review requests for and to grant financial and services support to individuals and
organizations for arts and cultural purposes.
(E) To coordinate, insofar as the individual organizations choose to participate, the
activities of all artistic and cultural organizations within the City.
(F) To sponsor and conduct, with or without admission charge, all types of exhibitions,
shows, productions, displays and facilities pertaining to the visual and performing
arts and related cultural activities.
(G) To advise the Mayor, the City Council and the appropriate boards and commissions
as to the adequacy and availability of space for the presentation of artistic and
cultural activities and as to possible means of satisfying such unmet needs.
(H) To adopt rules for meetings, the transaction of its business and to keep a record of
its transactions, findings and determinations.
(1) To perform any other acts or engage in other transactions prescribed by the
ordinances of the City as to subsequent action of the City Council, and to have all
powers necessary to or incidental to the foregoing.
(J) To prepare and recommend to the City Council a comprehensive plan of cultural
improvements looking to the present and future. The Arts Council shall make an
annual report of its objectives and accomplishments.
(K) To administer the City"s Public Art Program, including the following:
1. Administer the public art program and public art plan, with assistance and
guidance from the Public Works Department and other departments
responsible for specific construction projects. The public art plan, reviewed
and revised annually, will include a plan for the development of a public art
project or projects for each construction project.
2. Recommend specific guidelines for public art projects to include:
a. Process for community participation in all phases of the public art
project including, but not limited to, site selection, artist selection and
dedication.
b. Contractual details for the commissioning or purchase of works of art.
c. Projected time line for each public art project.
3. Review design, execution and installation of works of art for public art
projects.
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4. Advise private developers in the selection of works of art for settings
accessible to the public.
5. Oversee the process as part of the public art program for the removal and
deaccessioning of works of art from the City art collection.
2-1-5. FUNDING PROVISIONS.
The City Council shall determine its annual level of funding -of the Evanston Arts
Council. The Evanston Arts Council programs shall be funded, as much as possible,
from funds other than those from the general fund of the City. None of the above
sections, without prior approval by the City Council, shall include the power to obligate
the City for compensation to any person, organization or agency.
2-1-6. PUBLIC ART PROGRAM (WORKS OF ART).
The City Council acknowledges that works of art enhance the visual and sensory
environment in the City, contributing thereby to the quality of life in the City. Works of art
accessible to the public stimulate the economy of the City. The City Council therefore
acknowledges and adopts as public policy for the City an undertaking to provide works
of art in public places and facilities to an extent which is reasonable and proper using
available public and private funds and in accord with a public process. Thus the purpose
of this Chapter shall be as follows:
(A) To provide a process by which the City shall acquire and maintain works of art,
including but, not limited to, commissioning works of art,
(B) To identify and administer a Public Art Fund for acquisition, maintenance and
disposition of works of art,
(C) To establish and administer a Public Art Plan and a public art program;
(D) To dispose of works of art.
2-1-7. DEFINITIONS.
The following definitions shall pertain to this Chapter:
TARTS COUNCIL. The Evanston Arts Council.
CITY ART All works of art which are owned and maintained by the City of
COLLECTION. Evanston, pursuant to this Chapter.
COMMITTEE. The Public Art Committee of the Evanston Arts Council, established
as a subcommittee of the Arts Council acting in an advisory capacity
to the Arts Council and City Council, with membership appointed by
the Mayor.
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CONSTRUCTION Any capital project at least fifty percent (50%) of the cost of which is
PROJECT. paid by the City of Evanston which results in the construction of a
new building having one or more floors and wherein the cost of
construction exceeds one million dollars ($1,000,000.00).
PUBLIC ART A dedicated interest -bearing account within the City General Fund
FUND
PUBLIC ART
PLAN.
i
i
i
I
i
PUBLIC ART
into which shall be deposited all art funding authorized by this
Chapter together with other monies as the City Council shall
authorize for works of art as well as funds contributed to the City for
works of art.
The written plan outlining all proposed public art projects coincident
with and as an adjunct to the Capital Improvements Plan of the City
of Evanston including the location, budget, projected selection
process and other factors established by the public art program for
each public art project.
The written policies and procedures which provide for the
PROGRAM. systematic recommended collection and recommended expenditure
of public funds and funds donated to the City for the purchase of
works of art; the maintenance of works of art for a public art project;
the administration of the Public Art Plan for which designated funds
are being deposited into the interest -bearing Public Art Fund; and
the disposition of works of art.
PUBLIC ART Any single project identified in the public art plan and involving the
!PROJECT. policies and procedures of the public art program which results or
may result in the installation of a work of art as part of the City art
collection.
- .._..... - .._... _......... ...... _.......... ... _.... _........... _............. ........._....._ ... _.. _
WORKS OF ART. All forms of original, artist -produced creations of visual art,
including, but not limited to, sculpture, murals, mosaics, paintings,
earthworks, etc. Not included in this definition are reproductions of
original works of art; decorative, ornamental or functional elements
which are designed by a building architect; mass produced objects;
and directional or other functional elements, such as supergraphics,
signing, color coding and maps, except where an artist is employed.
(Ord. No. 87-0-94)
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2-1-8. PUBLIC ART PROJECTS.
The Arts Council shall prepare a Public Art Program and a Public Art Plan which
shall include an identification of known, projected and recommended public art projects.
All construction projects shall have recommended public art project(s) associated
therewith which shall be included in the Public Art Plan. The goal for funds from public
revenue sources for each public art project associated with each construction project
may be up to but no more than one percent (1 %) of the cost of any such construction
project as estimated in the most recent Capital Improvements Plan of the City. The total
estimated cost of any construction project hereunder shall exclude amounts for real
property acquisition, demolition, furniture, financing costs, streets, sewers and
infrastructure construction, if any. The total estimated cost of a construction project for
which funding is determined for each public art project shall include actual construction
costs, design fees, construction management and other related costs of the construction
project.
2-1-9. RESPONSIBILITIES.
To carry out its responsibilities hereunder, the Arts Council shall:
(A) Develop and recommend policies, guidelines and processes for the implementation
of the public art program. Policy issues shall include but not be limited to the
following:
1. Method of selection of artists and art for each public art project;
2. Incentives for the inclusion of works of art in private developments;
3. Maintenance and conservation of works of art;
4. Deaccessioning and removal of works of art where necessary;
5. Acquisition of private funding, gifts, exhibits and loan of works of art.
(B) Develop a Public Art Plan in concert with the most recent Capital Improvements
Plan.
(C) Review, revise as appropriate, and recommend for adoption by the City Council, the
adoption of a public art program and a Public Art Plan; funding of public art projects;
selection of artists and/or works of art for public art projects; allocation of payments
for the design, execution and placement of works of art and such other acts
consistent with this Chapter.
2-1-10. CULTURAL ARTS COORDINATOR.
The City may employ a Cultural Arts Coordinator to work closely with the Arts
Council, other originating agencies and departments, private developers, and artists.
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2-1-11. CITY COORDINATION.
The Cultural Arts Coordinator will work closely with the Arts Council, other
originating agencies and departments, private developers, and artists to manage details
of contracts, specifications, time tables, fee schedules, and other aspects of public art
projects.
2-1-12. PENALTY.
(A) It shall be unlawful for any person to remove without authorization, deface, paint
over, or otherwise damage any public art in the City. Any person who shall be found
to have violated any of the provisions of this Chapter shall be guilty of an offense
punishable as follows:
1. The fine for a first violation is two hundred dollars ($200.00).
2. The fine for a second violation is five hundred dollars ($500.00).
3. The fine for a third or subsequent violation is seven hundred fifty dollars
($750.00).
(6) The fines provided for herein shall not be construed as limiting the power of an
administrative hearing officer to impose other penalties and remedies as provided
for by applicable legislation. In addition, to the fines specified above, any person
found to have violated this Chapter shall pay for all costs to replace the public art.
(C) Administration: The Cultural Arts Coordinator or his/her designee is charged with
the administration of this Subsection.
SECTION 2: Title 7, Chapter 16 of the Evanston City Code of 2012, as
amended, is hereby further amended and deleted in its entirety -
The City GGURGil aGkRowledg
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•identify.! • ! on, MiRteRaRGe
dispesition of works ef'ca�rf--,
IC\ To establish and adMinic+gr a PubliG Art Plan anda public art pragraa�
74"L DEFINITIONS.
The following £nc, shall pertain +G +hic Chan+or.
,ARTS COUNCIL The Fiyans+nn Arts C„� �nnil
I
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'GITYARTr
IQ L F=QT►nn► £vapsr3n, pursuant +„this Chap
F=UND.
Chapter togetheF with other mg-Rics as the Gity GeunGii shall
works of art.
plan outlining all pmpesed publiG art pFejeGtS GginGident
ANwith and as aR adjWRGt tO the Capital impFevemeRtSPlan ef the Gity
eaGh ! !
PROGRAMm
weFks of art; the maintenanGe of works of aFt4or a ! !
• •
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PUBLIC pry ARY SiRgle prejeGt identified in the publiG art plan any in•1�1•Iinn Fho
RQ IE=GT
may Fes Alt •in the inctallatiaR of a-work-cf art ac ppa1 t qf the City
GGI!ebt
WORKS QF= ART All forms ginal, a 3-uti3r,, 3f vic,-,.jul art,
: - -
a.
.-
..
designated the p ubli G aFt fund, within the -Q �en al fund into which c h a I I be deposited
menies decnrihed in this (chanter ether rrmeni&.c ac tCitydesignate,
gifts and -grants from indi„id-Hole groups and seFpera#+anJ _-.n may -be
vol:Q-nturil"ontribu 'c art prey
c art fund shall
administ s art program and PLJbIiG aFt plaR. Contributions, gifts
ar+d-grants may-lae-i-sedi us par* qf the total alIGGatien for publis art pr
�' cull be evneRderl fer
the seleGtien aGqui6Aion, installation, display, main+
public art prnieGt and fer the administrati
pub4i-j art plan. AdmiR+stra#+vetC E-ZGE s art program JhgLjId be
budgeted from nennity funds whenever nessihle
�1'�aft L�J-J 1�s�1���J IlIt11
(A) Gen4pesifien7 Appointment; The
the City COURGH, 01 StandiRg GOFnFn.ttee of fiftemeR
ss
1 1 -
ef
at least eig4t-fS) 3rt prqfessiGRal6-
s eRgiReeFiRg.-
planning,- F=vaRStOR GOrnFnUR*ty. F4orn time to time, depaFtment
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: fFem etheF-
asked to serve as adviseF6 to the publiG aFt GGMFnmttee:
partiGulaF d3partmeRt- - '
membeF of the ' •-
Arts GeunGil, if not alFead an appGiRted- or of
■ �. _r
! - appointed-
bethree _
appointed pursuant to - 90 0 00 chall beappointed-ass-
i-
_! - Will epemts-_ of the Arts
the AFts GGURGO! and pursuant to approval Gf the City GE)WROil. FunGtiens further
but - Rot immeted-tG,
1. Developing - 2 publi Ft pregrEarn and a public art plan, with uJJlJtunse and
sts. The publ+s art plan, reviewed and revised
annual c a plan fer-the develepmen+ 4Gf a public art prsfeGt G
a. PFessJs for sommunity paFtiGipation in all phases of the publi^ art projeGt
in^liidmnn site cele^tion, artist u .
G. Drnie^ted time line f9r each public art pra}eet:
cif:
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IGil, chill
art program and w Dubk Art Plan e
art pr cta Galt
have FeGGmmeRded ^s art pr^ie„t(C) asse^i-ated there..Iith uuhirh shall he innlllrled in
the rt PI -an. The 3m public -revenue C^Ilrnes for ^^ch publis�
MGM than aee
peFGeRt ° d in the -nest
€eeent Capital Improverente Plan 9f the City.. The tota4-cc ima*
^enCtrl lr•tien nreiert hereURder shall eXGl 1rivl de amr ountr' for real preperty I
demGROGR
RfFastFuGtuFe
e I finaRGiRg a t 1 I I
'J art pra}eJt Jhalri�rTC 1l�e +l II/'�en /+eC+CJ .J^Cn fees,
, ln
sORStRIGUon management and ether relater) GectC of the nenCtrl Intien nreient
-- eaGh publir.
of art in private developments;
4. MaiRteRaRGe and GE)RservatioR of wE)Fks Gf4rt--,
5w De
- - - - : ' ' -
upon -Committee,- adeptio a pub 0!
pub4s art salIGGation payrneRt6 fGF the design,exeGUtwOR and plaGA
The Gity mw emnlev a Plublln Apt GeeFdinatw to wGFk Glosely with the Committee,
s ether ^ri^inntin^ a^envie:nd departments, private developer-s, and artists t3 manage
details Of ate, !,P9 i#ieatbne, time tables, fee-SGhedyl�s and etheF aspeGt
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without -
: found
-
:- guilty of aR o#ense
punishable as fellews�
3. The fine or a thud —or cubce^ueRt vi„Iati„Ris so„en hundred fifty dollars
(B) The fines nrevided f9r herein ✓ I3ll n94 be Geno�r� �o-d as limiting
on. In adolition, tq the fines speGified above, any peFSGR
fGWRd to have vielated this Chapter shall pay feF all GGGtG tG FeplaGe the publiG ;art-.
rrvM�r The MM Mr-W-4 4,
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: The findings and recitals herein are declared to be prima
facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
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SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: )U- W1AW—r %, 201-4
Adopted: ����(�, ('� a+ , 2015
Attest:
odney Gene, City Clerk
Approved:
�Or'nv�C�.r
L1 , 2015
jElri,eth 13. Tisdahl, Mayor
Approved as to form:
W. Grariar ar' r; Corr oration Counsel