Chapter 5.74
Acquisition of Public Art
5.74.010 Purpose
5.74.020 Definitions
5.74.030 Dedication
5.74.040 Public Art Trust Fund
5.74.050 Disbursements
5.74.060050 Siting
5.74.070060 Guidelines
5.74.080070 Ownership
5.74.090080 Decisions
5.74.100090 Implementation
5.74.010 Purpose.
It is the purpose of this Chapter and the policy of the City of Portland to dedicate 1.33%two percent of the Total total Eligible Costs or two percent of the total Eligible Funds of all Improvement Projects (whichever is less) to the selection, acquisition, siting fabrication, installation, maintenance, administration, Deaccessioning management, deaccessioning, community education, documentation and registration of Public Art.
5.74.020 Definitions.
A. As used in this Chapter:
1. Improvement Project means any project paid for wholly or in part by the a Participating Bureau in which the Participating Bureau’s contribution of Eligible Funds equals $100,000 $50,000 or more, involving for the construction, rehabilitation, remodeling or , improvement or purchase for a public use of any building, structure, park, public utility, street, sidewalk or parking facility or any portion thereof within the limits of the City of Portland.
1. Improvement Projects funded by the following revenue sources are exempt from the requirements of this Chapter: private development revenue, federal and state grants, Street Light Levy Fund and Local Improvement District revenue, Water Operating Fund, Water Construction Fund, Sewer Systems Operating Fund and Sewer Systems Construction Fund.
2. Maintenance and repair does not constitute an Improvement Project.
3. Improvement Projects which are developed privately and leased back to the City of Portland are not exempt from the requirements provisions of this Chapter.
4. The purchase of improved or unimproved property by the Portland Development Commission solely for resale or redevelopment, in which property is not otherwise to be put to a governmental use, shall not constitute an Improvement Project subject to the provisions of this Chapter.
B. Total Costs means the Participating Bureau’s contribution toward the price for completion of the Improvement Project. Total Costs does not include costs for: design and engineering, administration, fees and permits, building demolition, relocation of tenants, contingency funds, land acquisition, environmental testing or indirect costs, such as interest during construction, advertising and legal fees.
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. Public Art Trust Fund means the fund within the Regional Arts and Cultural Council into which all monetary contributions derived from Improvement Projects pursuant to this Chapter shall be deposited. Monetary contributions for Public Art originating from any other source shall also be deposited into the Public Art Trust Fund. The Public Art Trust Fund shall be divided into separate accounts if separate accounting is requested by the Participating Bureau.
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 visual creations which are sited in a manner accessible to the public and/or public employees, and which have been approved as public art by the Regional Arts and Culture Council, acting on behalf of the City of Portland.
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 Portland.
E. Participating Bureau means a City of Portland Bureau or Commission that is subject to this Chapter by virtue of its sponsorship of an Improvement Project.
E. Participating Bureau means a City of Portland Bureau or Commission that funds an Improvement Project within the meaning of this Chapter.
F. Selection Committee means the committee responsible for reviewing proposed Public Art and making recommendations to the Regional Arts and Cultural Council on the selection of Public Art. The Selection Committee shall be composed of a representative of the Participating Bureau, the Improvement Project architect or engineer, artists, a citizen and a Regional Arts and Cultural Council board member.
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.
G. Deaccessioning means relinquishing title to a work of Public Art.
5.74.030 Dedication.
Any City of Portland official or employee acting on behalf of a Participating Bureau who authorizes or appropriates expenditures for an Improvement Projects of the Participating Bureau 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 1.33% Two percent (2%) of the Total total Eligible Costs or two percent of the total Eligible Funds of the Improvement Project, whichever is less. If funding for a particular Improvement Project is subject to legal restrictions that preclude Public Art as an object for expenditure, the portion of the Improvement Project that is funded with the restricted funds shall be exempt from the requirements of this Chapter. 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 and Cultural & Culture Council shall maintain a special fund called the Public Art Trust Fund into which monetary contributions for funds dedicated to Public Art pursuant to section 5.74.030 shall be deposited.
A. 1.33 percent of the Total Costs of Improvement Projects shall be dedicated to Public Art and Such funds shall be deposited into the Public Art Trust Fund by the City official or employee acting on behalf of the Participating Bureau., and shall be allocated as follows:
1. One 63 percent of the Total Costs of Improvement Projects shall be used by the Regional Arts and Cultural & Culture Council for costs associated with Public Art including, but not limited to the acquisition, siting, maintenance and Deaccessioning fabrication, and installation of Public Art.
2. .33 27 percent of the Total Costs of Improvement Projects shall be used by the Regional Arts and Cultural & Culture Council for costs associated with Public Art, including, but not limited to costs of selection, administration project management, community education and registration of Public Art.
3. 10 percent shall be used by the Regional Arts & Culture Council for the maintenance, conservation and deaccessioning of Public Art.
B. Monetary contributions 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.
5.74.050 Disbursements.
C. Disbursements from the Public Art Trust Fund shall be made by the Regional Arts Cultural & Culture Council.
1. Disbursements shall be made according to the terms of this Chapter and any guidelines adopted hereunder by the Regional Arts & Culture Council.
2. If an Improvement Project is funded by revenue sources whose expenditure is restricted by the City Charter or other law, the Regional Arts Cultural& Culture Council, prior to making a disbursement for Public Art from such a restricted account in the Public Art Trust Fund, shall adopt written findings demonstrating that the proposed disbursement complies with all applicable restrictions.
3. The Regional Arts Cultural& Culture Council will report annually to Participating Bureaus on the disbursement of money funds from the Public Art Trust Fund.
5.74.060 050 Siting.
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 thea Participating Bureau.
5.74.070 060 Guidelines.
The Regional Arts Cultural& Culture Council shall, after consultation with Participating Bureaus, adopt guidelines to:
A. Provide for annual meetings with reporting to Participating Bureaus;
B. Develop an annual plan for Public Art that takes into account the views of the Participating Bureaus;
C. Provide a method for the appointment of representatives to Selection Committees 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. Clarify the responsibilities for maintenance of Public Art, including any extraordinary operations or maintenance costs associated with Public Art, prior to selection;
F. Determine a process for the ongoing care, maintenance and conservation of Public Art;
G. Facilitate the preservation of art objects, ethnic and Cultural arts and crafts, and artifacts;
G. Determine a process to Deaccession deaccession art;
H. Set forth any other matter appropriate to the administration of this Chapter.
5.74.080 070 Ownership.
All Public Art acquired pursuant to this Chapter shall be acquired in the name of the City of Portland, and title shall vest in the City of Portland.
5.74.090 080 Decisions.
Except as limited by other sections of this Chapter, the Regional Arts Cultural Council’s decisions as to the selection, acquisition, siting, maintenance, disbursement of the Public Art Trust Fund, Deaccessioning, administration, community education and registration of Public Art shall be final.
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.
5.74.090 100 Implementation.
The Regional Arts Cultural& 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.