(a) An amount equal to not less than 1 percent of the construction phase appropriation for the original construction of any city building shall be appropriated to the commission for the acquisition of works of art. The moneys shall be used solely for the following purposes:
(1) Costs related to the acquisition of works of art, including the commissioning of artists and the purchase of art work;
(2) Site modifications, display, and interpretive work necessary for the exhibition of works of art;
(3) Upkeep services, including maintenance, repair, and restoration of works of art; and
(4) Storing and transporting works of art.
(b) Notwithstanding the foregoing limitation on the amount of the appropriation for acquisition of works of art, an amount in excess of 1 percent may be set aside upon recommendation of the commission and with the concurrence of the council. If the amount shall not be required in total or in part for any project, the unrequired amounts may be accumulated and expended for the purposes specified in subsection (a).
(c) (1) The commission shall consider, unless impracticable, placing the works of art acquired pursuant to this section in or at the following city buildings listed in their order of priority:*
(A) In or at the city building to which the 1 percent funding for art requirement applies; provided that the building is frequented by the public;
(B) If the city building described in paragraph (A) is not a building frequented by the public, in or at a city building frequented by the public that is within close proximity to the building described in paragraph (A);
(C) If neither the city building described in paragraph (A), nor any city building in close proximity thereto, is frequented by the public, in or at any other city buildings frequented by the public; and
(D) If it is impracticable to place works of art acquired in accordance with subsection (a) in any of the city buildings described in paragraphs (A), (B), or (C), in or at other city buildings.
(2) For the purposes of this subsection:
(A) A work of art shall be placed “in or at a city building” if it is placed in or outside of, as an integral part of, or attached to the building;
(B) The placement of works of art at a particular building shall be deemed “impracticable” if the art would be exposed to damage, abnormal wear, or threat of vandalism or theft, if there is no suitable surface at the building for the display of art, if there already is an adequate number of works of art displayed at the building, or if for other reasons, the commission finds that the placement of the art at the particular building would be inadvisable; and
(C) “City buildings that are frequented by the public” include:
(i) Publicly owned buildings, any part of which is routinely visited by the public; and
(ii) Those portions of privately owned buildings that are leased to city agencies and routinely visited by the public.
(d) Moneys that the commission was unable to expend or encumber in the immediately preceding calendar year for the acquisition of works of art before their lapsing pursuant to Charter § 9-106.3 may be reappropriated in the capital budget effective July 1 of the fiscal year next following the lapsing of such funds.
(Sec. 3-3.7, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 3, Art. 2, § 3-2.7) (Am. Ords. 95-68, 96-52, 14-24)
Editor’s note:
* Ord. 96-52 shall not apply to nonmoveable works of art that are already on display in or at a city building, or have been commissioned by the city on or after the effective date of the ordinance (July 31, 1996), and are intended to be exhibited or displayed at a particular location. See § 4 of Ord. 96-52.