Chapter 5.74 Acquisition of Public Art
Table of Contents (Printable Version)
5.74.040 Public Art Trust Fund.
(Chapter replaced by Ordinance No. 161537; amended by Ordinance Nos. 168591 and 179869, effective February 10, 2006.)
It is the purpose of this Chapter and the policy of the City of Portland to dedicate two percent of the total Eligible Costs or two percent of the total Eligible Funds of all Improvement Projects (whichever is less) to the selection, acquisition, fabrication, installation, maintenance, management, deaccessioning, community education, documentation and registration of Public Art.
(Amended by Ordinance No. 178946, effective January 7, 2005.
A. As used in this Chapter:
B. Eligible Costs means the Participating Bureau’s capitalized costs for completion of an Improvement Project, including costs for capitalized tenant improvements. Eligible Costs do not include costs for: design and engineering, administration, fees and permits, building demolition, relocation of tenants, environmental testing, environmental remediation, non-construction contingency or indirect costs, such as interest during construction, advertising and legal fees. When an improvement project involves the acquisition of real property, costs attributable to land acquisition are not Eligible Costs, while costs attributable to improvements on the real property are Eligible Costs.
C. Eligible Funds means a Participating Bureau’s monetary contribution to an Improvement Project. The following are not Eligible Funds: private development revenue, federal and state grants that preclude Public Art as an object for expenditure, Local Improvement District revenue, Water Operating Fund revenue, Water Construction Fund revenue, Sewer Systems Operating Fund revenue, Sewer Systems Construction Fund revenue and revenue from any other funding source subject to legal restrictions which preclude Public Art as an object for expenditure.
D. Public Art means original artwork which is accessible to the public and/or public employees, and which has been approved as public art by the Regional Arts and Culture Council, acting on behalf of the City of
E. Participating Bureau means a City of
F. Selection Panel means a group responsible for reviewing proposed Public Art and making recommendations to the Regional Arts & Culture Council on the selection of Public Art. Selection Panels shall include a representative of the Participating Bureau, the Improvement Project architect or engineer, artists and citizens.
Any City of Portland official or employee acting on behalf of a Participating Bureau who authorizes or appropriates expenditures for an Improvement Project shall include in the capital improvement program of the City’s capital budget, and disburse to the Regional Arts & Culture Council, a monetary contribution for Public Art equal to Two percent (2%) of the total Eligible Costs or two percent of the total Eligible Funds of the Improvement Project, whichever is less. The Office of Management and Finance and the Portland Development Commission shall each adopt administrative rules to implement this section, which to the greatest extent practicable shall set forth the same procedures to be followed by all Participating Bureaus, including the Portland Development Commission.
5.74.040 Public Art Trust Fund.
The Regional Arts & Culture Council shall maintain a special fund called the Public Art Trust Fund into which funds dedicated to Public Art pursuant to section 5.74.030 shall be deposited.
A. Such funds shall be deposited into the Public Art Trust Fund, and shall be allocated as follows:
B. Such funds shall be deposited in separate accounts within the Public Art Trust Fund if separate accounting is requested by the Participating Bureau or required by law.
C. Disbursements from the Public Art Trust Fund shall be made by the Regional Arts & Culture Council.
Public Art selected pursuant to this Chapter may be sited in, on or about any Improvement Project or other property owned, leased, or rented by, donated to, or otherwise made available to the City of Portland in accordance with any restrictions placed on siting by the Participating Bureau.
The Regional Arts & Culture Council shall, after consultation with Participating Bureaus, adopt guidelines to:
A. Provide for annual reporting to Participating Bureaus;
B. Develop an annual plan for Public Art that takes into account the views of the Participating Bureau;
C. Provide a method for the appointment of representatives to Selection Panels;
D. Determine a method or methods of selecting and contracting with artists for the design, execution and siting of Public Art;
E. Determine the dedication and disbursement process for the Public Art Trust Fund;
F. Determine a process for the ongoing care, maintenance and conservation of Public Art;
G. Determine a process to deaccession art;
H. Set forth any other matter appropriate to the administration of this Chapter.
All Public Art acquired pursuant to this Chapter shall be acquired in the name of the City of
Except as limited by other sections of this Chapter, the Regional Arts & Culture Council’s decisions as to the acquisition, fabrication, installation, deaccessioning, management, community education and registration of Public Art, and disbursement of the Public Art Trust Fund, shall be final.
The Regional Arts & Culture Council, or its designee, shall implement the provisions of this Chapter, in cooperation with the Office of Management and Finance and all Participating Bureaus.