Chapter 3.16
ACQUISITION OF ART
Sections:
3.16.010 Purpose.
3.16.015 Definitions.
3.16.020 Dedication.
3.16.025 Selection Committee.
3.16.030 Administration and Authority.
3.16.035 Phased Projects.
3.16.040 Ownership.
3.16.010 Purpose.
It is the purpose of this section and the policy of the City that each major city construction project which involves the construction or alteration of certain city facilities shall have an appropriate display of works of art integrated into the project. [BC 3.16.010, added by Ordinance No. 3429, 1/29/85]
3.16.015 Definitions.
As used in BC 3.16.010 through 3.16.040, the following mean:
Construction cost – The actual construction cost, excluding engineering costs and administrative costs, costs for fees and permits, and indirect costs, such as interest during construction, advertising, legal fees and the like.
Construction or alteration – Construction, rehabilitation, renovation, remodeling or improvement.
City facility – All City buildings and parks, but does not include the construction of service facilities not normally visited by the public, such as maintenance sheds, storage buildings, bridges and the like, or improvement projects and facilities such as streets, sewer, water or similar facilities or projects.
Major City construction project – A construction project which involves the construction or alteration of a City facility with an estimated construction cost of $50,000 or more.
Works of art – All forms of original creations of visual art including, but not limited to, the following:
A. Painting of all media, including both portable and permanently fixed works, such as murals;
B. Sculpture which may be in the round, base relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials;
C. Other visual media including, but not limited to, prints, drawings, stained glass, calligraphy, mosaics, photography, clay, fiber and textiles, wood, metals, plastics, or other materials or combination of materials, or crafts or artifacts. [BC 3.16.015, added by Ordinance No. 3429, 1/29/85]
3.16.020 Dedication.
One percent (1%) of the construction cost of a major City construction project which involves the construction or alteration of a City facility shall be set aside for the acquisition of works of art; which works of art shall be displayed in, upon, adjacent to or in close proximity to the City facility which is the subject of the project; except that if it would be inappropriate to display the works of art in that location, said one percent (1%) shall be used for the acquisition of works of art for display in, upon, adjacent to or in close proximity to other city facilities. [BC 3.16.020, added by Ordinance No. 3429, 1/29/85]
3.16.025 Selection Committee.
A selection committee which shall recommend to the Beaverton Arts Commission or, in the event the Beaverton Arts Commission is not in existence, to the City Council, the selection of an artist, a work of art or other expenditure of funds dedicated pursuant to BC 3.16.020, shall be established specifically for each major city construction project, in accordance with the following guidelines:
A. Membership. The selection committee shall consist of the architect or designer for each major city construction project, three professional artists and one resident of the City who is not a member of the Beaverton Arts Commission. The above-mentioned three professional artists and the resident of the City shall be selected for each major City construction project by, and shall serve at the pleasure of, the Beaverton Arts Commission. For the purposes of this subsection, professional artists shall mean practitioners in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability who produces works of art, as defined in BC 3.16.015.
B. Quorum and voting for selection committee. A quorum shall consist of a majority of the selection committee and a majority of those members present and voting shall be required for any decision.
C. Meetings to be public. All meetings of the selection committee shall be conducted in accordance with the Oregon Public Meetings Law.
D. Criteria for selection committee decisions. Selection of works of art by the selection committee shall be by open competition. In making its decision a selection committee shall consider and base its decision upon:
1. the quality of past works or a particular work of art of the artist;
2. the appropriateness of the proposal or the work of art for the particular city facility which is the subject of the major city construction project; and
3. the materials, construction, durability, maintenance, public access and public safety. [BC 3.16.025, added by Ordinance No. 3429, 1/29/85]
3.16.030 Administration and Authority.
The Beaverton Arts Commission shall adopt procedures and guidelines consistent with the provisions of BC 3.16.010 through 3.16.040 to administer the acquisition and display of works of art. The decision of the Beaverton Arts Commission as to the selection, acquisition, and display of works of art shall be final. [BC 23.16.030, added by Ordinance No. 3429, 1/29/85]
3.16.035 Phased Projects.
Unless the Council decides otherwise, for a major city construction project which will be completed in phases, the dedication of funds in accordance with BC 3.16.020, above, the one percent set aside for the acquisition of works of art shall be limited to the estimated construction cost of the specific phase of the major city construction project. Nothing in this section shall be construed to prevent the Council from deciding otherwise, including, but not limited to, deciding to set aside the entire dedication from the funds of a particular phase of the major city construction project. [BC 3.16.035, added by Ordinance No. 3429, 1/29/85]
3.16.040 Ownership.
All works of art acquired pursuant to BC 3.16.010 through 3.16.040 shall be acquired in the name of the City of Beaverton, Oregon, and title shall vest in the City of Beaverton, Oregon. [BC 3.16.040, added by Ordinance No. 3429, 1/29/85]