Delegation of Authorization to the Art in Public Places Advisory Board to Develop and Administer Visual Arts Projects

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1 CITY HALL 01 WEST PALMETTO PARK ROAD BOCA RATON, FL CITY OF PHONE (1 ) -00 (FOR HEARING IMPAIRED) TOO (1) -0 Boca Raton June, 01 TO: FROM: SUBJECT: Mayor and City Council Leif J. Ahnell, C.P.A., C.G.F. City Manager Delegation of Authorization to the Art in Public Places Advisory Board to Develop and Administer Visual Arts Projects RECOMMENDATION: The attached resolution delegates to the Art in Public Places Advisory Board the authorization to develop and administer visual arts projects to be created on the walls of the City's maintenance area in Red Reef Park West and in the tunnels between Spanish River Park and the Beach. BACKGROUND: The City has a maintenance area in the northeast corner of the parking lot in Red Reef Park West. The maintenance area is surrounded by a paneled foot tall wall and the area is close to a boardwalk that is an entrance to Gumbo Limbo Nature Area. The City also has three tunnels that provide access between the beach and Spanish River Park. City Councilmember O'Rourke requested the attached resolution that would delegate the authority to the Art in Public Places Advisory Board to create the program to create visual art (murals) on the panels of the walls of the maintenance area at Red Reef Park West and in the tunnels leading to Spanish River Park. The Art in Public Places Advisory Board's authority would include, but not be limited to, establishing project specifications and themes for the visual art, soliciting and selecting artists to create the visual art, and administering the Projects through completion, and repeating such steps, as deemed appropriate, to vary or replace such visual art. The Art in Public Places Advisory Board will ensure that the Projects meet all applicable provisions of the City Code, that all visual art created for the Projects reflect and enhance the character, nature and appearance of the City, and that the work is appropriate to the setting and architecture of the surrounding areas. FISCAL IMPACT: It is anticipated that the expenses for the visual arts projects under this resolution will total $0,000. Funds for this expense are available in Account No

2 ~======== ~~==== RESOLUTION -01 A RESOLUTION OF THE CITY OF BOCA RATON DELEGATING TO THE CITY'S ART IN PUBLIC PLACES ADVISORY BOARD, NOTWITHSTANDING THE BOARD'S LIMITED ADVISORY AUTHORITY, AUTHORIZATION TO DEVELOP AND ADMINISTER VISUAL ART PROJECTS 1 1 (MURALS) TO BE CREATED ON THE WALL SURROUNDING THE CITY'S MAINTENANCE AREA LOCATED IN RED REEF PARK WEST AND IN THE PEDESTRIAN TUNNELS BETWEEN SPANISH RIVER PARK AND THE BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, the City has a maintenance area in Red Reef Park West that is surrounded by six-foot high paneled walls; and WHEREAS, the Red Reef Park West maintenance area is located in close proximity to a boardwalk entrance to Gumbo Limbo Nature Center; and 1 1

3 WHEREAS, the City has three pedestrian tunnels between Spanish River Park and the beach that provide an entrance to Spanish River Park; and WHEREAS, the City Council desires to have artists create visual art (murals) on the walls of the maintenance area at Red Reef West and in the pedestrian tunnels ("Projects") to improve their appearance, to contribute to the community, and enjoyment of public art, and to enhance the entrances to Gumbo Limbo Nature Center and Spanish River Park; and WHEREAS, as the visual art will be placed solely on City property, will be selected and owned by the City, and will convey messages specifically endorsed by the City, such visual art shall constitute "government speech"; and WHEREAS, the Art in Public Places Advisory Board was created by Ordinance No. on January, 01, to serve as a purely advisory board; and WHEREAS, since the City Council believes that the Art in Public Places Advisory Board is best suited to develop and administer the Projects, the City Council desires to delegate this specific, decision-making task, and authority to the Art in Public Places Advisory Board (notwithstanding its general purposes as established in Ordinance No. and its advisory authority, to develop and administer the Projects, subject to the provisions herein; now therefore 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 1 RATON: 0 1 Section 1. The Art in Public Places Advisory Board ("Board") is hereby delegated the specific task and authority to develop and administer the Projects, including, but not limited to, establishing project specifications and themes, soliciting and selecting artists to create the visual art (murals), and administering the Projects through completion, and repeating such steps, as deemed appropriate, to vary or replace such visual art.

4 Section. The Board shall ensure that the Projects meet all applicable provisions of the City Code, that all visual art created for the Projects pursuant to this Resolution reflect and enhance the character, nature and appearance of the City, and that the work is appropriate to the setting and architecture of the surrounding areas. Section. The Board shall apprise the Parks and Recreation Board regarding the visual art selected before such visual art is installed. Section. The Board shall provide that the Projects will become the property of, and owned by, the City upon completion. The Board shall also require, and receive and file with the City, documentation whereby all artists who participate in the Projects waive: (1) all proprietary rights to, and ownership of, their visual art; () all claims that may arise under the Visual Artists Rights Act of 10, U.S.C., Sections A and (d); and () all rights to replicate, distribute, or reproduce such visual art. The Board shall also require all artists to acknowledge the City's rights to modify, remove, and/or maintain such visual art. Section. An expenditure in an amount not to exceed $0,000, in the aggregate, is hereby authorized for costs incurred by artists of the Projects, which costs shall include paint, supplies, site preparation, installation and clean-up, subject to authorization by the Board and in accordance with any Project rules established by the Board. 1 Section. The City Council reserves the right to rescind all authority delegated herein to the Board with respect to the Projects, which right may be exercised by the City Council by resolution, from time to time, as more particularly specified in such resolution, and the City Council may cancel or modify the Projects, at any time before or after their completion, in its sole discretion. Section. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed.

5 1 Section. This resolution shall take effect immediately after adoption. PASSED AND ADOPTED by the City Council of the City of Boca Raton this day of, ATTEST: Susan S. Saxton, City Clerk COUNCIL VOTE MAYOR SCOTT SINGER DEPUTY MAYOR JEREMY RODGERS COUNCIL MEMBER MONICA MAYOTTE COUNCIL MEMBER ANDREA LEVINE O'ROURKE CITY OF BOCA RATON, FLORIDA Scott Singer, Mayor YES NO ABSTAINED