(a) Definitions. These definitions shall apply throughout this ordinance:
(1) The City shall mean the City of Carmel, Indiana, its officers, administration, employees, agents, assigns, and/or contractors as well as any department or commission established by the City of Carmel, including any of their respective officers, administration, employees, agents, assigns, and/or contractors.
(2) Public art shall mean any work of art in any media, irrespective of where it is situated in the City or who sees it, that the City acquires or plans to acquire by means described in subsection (a)(3).
(3) Acquisition and Acquire shall mean obtained through the use or expenditure of public funds or through a donation by an individual or corporate entity, whether for-profit or non-profit.
(4) Permanent shall mean two (2) or more years.
(5) Notice shall mean written communication to the sitting Carmel Public Art Advisory Committee Chair by e-mail or certified mail.
(b) There is hereby established the Carmel Public Art Advisory Committee (the “Committee”).
(c) Composition and Term. Each Common Council member shall appoint one citizen from their District to serve on the Committee. Committee members shall serve a term of two (2) years, to hold over until a successor is duly appointed, and may be re-appointed.
(d) Mayor and City Responsibilities. Except as set forth in subsection (g), at least sixty (60) days prior to the City’s planned acquisition of any piece of public art costing or valued at $5,000 or more, the Mayor shall give notice of the City’s said planned acquisition and shall seek comment and input from the Committee regarding: 1) whether the City should acquire the public art described in the notice; and 2) the location of the public art described in the notice, should the Committee recommend that the City acquire it.
(e) Committee Responsibilities. Within thirty (30) days of receiving notice of any proposed public art acquisition by the City pursuant to subsection (d), the Committee shall meet and issue a written recommendation to the Mayor as to: 1) whether the City should acquire to the public art described in the notice, and 2) the location of the public art described in the notice, should the Committee recommend that the City acquire it. The Committee’s written recommendation shall include the Committee’s final vote on each issue.
(f) The recommendations of the Committee are advisory only, and the Mayor retains full and final authority to designate what public art the City acquires and where it is located within the City.
(g) Committee’s Optional Waiver of Sixty (60)-Day Notice. By notice complying with subsection (a)(5), the Mayor may request the Committee to waive the sixty (60)-day pre-acquisition notice requirement. By written communication to the Mayor, the Committee shall respond to such a request for waiver within five (5) business days of receipt. By majority vote, the Committee may waive this sixty (60)-day pre-acquisition notice period if it finds that the Mayor has sufficiently established with verifiable evidence that extenuating circumstances exist that justify waiver. Upon election of waiver, the Committee shall issue a written recommendation to the Mayor as soon as practicable as to: 1) whether the City should acquire to the public art described in the notice, and 2) the location of the public art described in the notice, should the Committee recommend that the City acquire it. The Committee’s written recommendation shall include the Committee’s final vote on each issue.
(Ord. D-2409-18, § 2, 2-19-18; Ord. D-2547-20, § 2, 11-16-20)