HomeMy WebLinkAbout007 of 2021 - Amending Chapter 2.30 of the Salt Lake City Code (Percent for Art Ordinance Revision)
SALT LAKE CITY ORDINANCE
No. 7 of 2021
(An ordinance amending Chapter 2.30 of the Salt Lake City Code.)
An ordinance amending Chapter 2.30 of the Salt Lake City Code to increase the number
of board members permitted to be professional artists or arts administrators; to increase the
contribution of appropriated capital improvement funds to the City’s Percent for Art Fund; to
establish a public art maintenance fund; and to establish the Art Design Board’s jurisdiction in
the deaccessioning of artworks from the City’s collection and providing notice of such
deaccession to City Council.
WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Chapter 2.30, of
the Salt Lake City Code, relating to funds for works of art; request for appropriations; and
WHEREAS, the City Council of Salt Lake City recently increased the number of board
members for the Salt Lake Art Design Board from five to seven; and
WHEREAS, the City Council desires to increase the number of arts professionals and arts
administrators accordingly; and
WHEREAS, Chapter 2.30 of the Salt Lake City Code has allocated an amount equal to
one percent (1%) in the appropriation for capital improvements; and
WHEREAS, Salt Lake City has over 150 works of art in the collection but no funding to
maintain the works of art; and
WHEREAS, Salt Lake City values artists and their commissioned work, as well as
upholding the monetary and cultural value of a reputable collection; and
WHEREAS, as a program under the Department of Economic Development, the Public
Art Program plays a vital role in enlivening the various districts of Salt Lake City, enhancing
tourism, and supporting a diverse and rich cultural sphere where businesses and individuals can
thrive; and
WHEREAS, an increase in the contribution of appropriated capital improvement funds to
the City’s Percent for Art Fund from one percent (1%) to one- and one-half percent (1.5%)
allows appropriate management and care of the City’s public art assets and ensure the works of
art continue to be cared for to enhance the City’s civic spaces for future generations; and
WHEREAS, it is therefore necessary to maintain and care for the Public Art Collection as
a visual representation of the City’s values and goals; and
WHEREAS, though the City rarely removes any piece of artwork from its collection,
deaccession is the procedure for the permanent removal of an artwork from the City’s collection
by selling, donating, or disposing of it; and
WHEREAS, the Art Design Board may develop and adopt a deaccession policy to
review, evaluate, and recommend the deaccession of a public artwork as approved by the Mayor.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.30.020 of the Salt Lake City Code, relating to percent for
art fund, and the same hereby is, amended as follows:
2.30.020: PURPOSE:
The mayor and the city council declare it to be a policy of the city that a portion of the city's
appropriations for capital expenditures in those construction projects designated be set aside for
the acquisition of works of art and ornamentation to be used in and around public facilities. This
chapter is enacted and intended also for the purpose of establishing a city art design board,
hereinafter design board, the primary objectives of which shall include, but not be limited to, the
following:
A. To assist the Salt Lake council for the arts in providing the means and the development of a
comprehensive citywide plan to encourage and strengthen artistic and cultural resources;
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B. To provide assessment of the artistic needs of future individual city construction projects;
C. To be responsible for recommending the nature and type of acquisition and placement of
works of art and ornamentation to be used in and around the construction projects and to
implement the decisions of the mayor with respect thereto;
D. To foster cultural development, and creativity of local artists and craftsmen;
E. To include cultural equity in its values, policies, and practices that ensure that all people—
including but not limited to those who have been historically underrepresented based on
race/ethnicity, age, disability, sexual orientation, gender identity, socioeconomic status,
geography, citizenship status, or religion are represented in the development of arts policy.
SECTION 2. That Section 2.30.040 of the Salt Lake City Code, relating to percent for
art fund, and the same hereby is, amended as follows:
2.30.040: ORGANIZATION; MEMBERSHIP; TERM:
A. The Art Design Board shall consist of seven (7) members chosen from a slate of qualified
candidates submitted by the Design Board in cooperation with the Council for the Arts. No
more than three (3) members shall be professional artists. No more than five (5) members
may be arts administrators or art teachers involved in the administration or teaching of art at
a recognized institution in the City. One member shall be an architect. Any remaining
members shall be Salt Lake City residents who are actively interested in the visual arts and
civic improvement from the City area, though no more than two (2) members shall be from
the same City Council district.
B. Appointments to the Art Design Board shall be made for terms of three (3) years each.
C. The Director of the Council for the Arts, or the Director’s designee, shall serve as an ex
officio and nonvoting member to coordinate administrative responsibilities. One member
shall represent the Council for the Arts.
D. No member of the Design Board shall be permitted to receive or authorize any contracts for
any work of art, nor shall any member of the Design Board have any financial interest in or
benefits in any way financially from any work of art which is recommended, or from any
firm or person which receives any contract for such work of art from the City.
E. The Design Board shall have such funds, facilities, assistance and employees as may be
designated therefor from time to time by the Mayor.
F. The recommendations for selection of artists for works of art, by any reasonable method,
together with the reviewing of design, execution and placement, and the acceptance of works
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of art and ornamentation shall be the responsibility of the Design Board in consultation with
the architects or managers for the project, and subject to final written approval in each
instance by the Mayor or the Mayor's designee.
G. Except for works of art donated to the City by a sister city, the Design Board shall be
responsible for the examination and acceptance or rejection of all works of art offered to the
City as a donation or gift. All such donations or gifts shall meet the same standards as
required for percent for arts selection.
SECTION 3. That Section 2.30.050 of the Salt Lake City Code, relating to percent for
art fund, and the same hereby is, amended as follows:
2.30.050: JURISDICTION
The Design Board’s jurisdiction shall be limited to:
A. Making recommendations to the Mayor with regard to the foregoing purposes with the final
decision concerning such recommendations and disbursements of all funds resting with the
Mayor;
B. Making operating expenditures subject to prior approval by the Mayor;
C. Recommending that the City contract, as needed, with individuals, businesses, agencies,
organizations or other groups, to render services to the Design Board or City relating to the
board's purposes.
D. Recommending a redesignation of funds to a different project or projects when the Design
Board determines that, in its opinion, the available funds for a specific improvement project
are insufficient or that a particular site is inappropriate for public art.
E. Recommending to the Mayor and the deaccession of works of art in the City’s collection. If
the Mayor accepts such recommendation, the Mayor will give notice to the City Council at
least 45 days prior to the deaccession of any work of art in the City’s collection, unless it
must be removed to mitigate an imminent safety hazard.
SECTION 4. That Subsection 2.30.060.A of the Salt Lake City Code, relating to percent
for art fund, and the same hereby is, amended as follows:
2.30.060: FUNDS FOR WORKS OF ART; REQUESTS FOR APPROPRIATIONS:
A. When so designated by the City Council, in its appropriation for capital improvements, all
City departments shall expend, as a nondeductible item out of any monies appropriated for
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the planning, design and construction of construction projects, an amount equal to one- and
one-half percent (1.5%) of such appropriations for the acquisition and installation of works of
art and ornamentation, 10-20% of which will be deposited in the public art maintenance fund
and used to provide maintenance for existing works of art. The Mayor shall provide a report
to City Council of works of art that require maintenance and the estimated cost of such
maintenance prior to the funds being deposited in the public art maintenance fund. All
requests for appropriations for planning, design and construction of construction projects
from eligible funds except projects solely for water or sewer main installation or street
improvements, shall include an amount equal to one- and one-half percent (1.5%) of the
estimated cost of such project for such works of art, and shall be accompanied by a request
and specific recommendations from the Design Board for authorization to expend such
funds. When the City Council denies any such request, the appropriations for such
construction projects shall not include the appropriation of funds for works of art. Such funds
shall be expended by the City upon recommendation of the Design Board.
SECTION 5. That Section 2.30.065 of the Salt Lake City Code, establishing the public
art maintenance fund be enacted as follows:
2.30.065: PUBLIC ART MAINTENANCE FUND; ESTABLISHED:
There is established in the city treasury a special fund designated “public art maintenance fund”
into which shall be deposited some portion of the funds and appropriations as designated by City
Council and as contemplated by section 2.30.060 of this chapter, or its successor. Disbursement
from such funds shall be made in connection with works of art approved by the Design Board,
and the city finance director shall draw and the city treasurer shall make the necessary transfers
of funds.
SECTION 6. Effective Date. This ordinance shall become effective on the date of its
first publication, except, the reporting requirement under Subsection 2.30.060.A shall become
effective December 31, 2021.
Passed by the City Council of Salt Lake City, Utah, this 6th day of April, 2021.
______________________________
CHAIRPERSON
Transmitted to Mayor on _______________________.
Amy Fowler (Apr 14, 2021 10:22 MDT)
04/15/2021
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Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
ATTEST
______________________________
CITY RECORDER
Bill No. 7 of 2021.
Published: _________________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
By:__________________________
Megan J. DePaulis, Senior City Attorney
Erin Mendenhall (Apr 15, 2021 14:10 MDT)
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Cindy Trishman (Apr 21, 2021 07:06 MDT)
April 25, 2021
Ordinance 7 of 2021 (Amending 2.30/Percent
for Art Revision) adopted 04-06-21
Final Audit Report 2021-04-21
Created:2021-04-09
By:Kory Solorio (kory.solorio@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAiFG-QXW6pk8fmynsGinaIER27P34daQB
"Ordinance 7 of 2021 (Amending 2.30/Percent for Art Revision)
adopted 04-06-21" History
Document created by Kory Solorio (kory.solorio@slcgov.com)
2021-04-09 - 9:00:12 PM GMT- IP address: 204.124.13.222
Document emailed to Megan DePaulis (megan.depaulis@slcgov.com) for signature
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Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
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Signature Date: 2021-04-15 - 8:10:11 PM GMT - Time Source: server- IP address: 136.36.67.177
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
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Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
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Agreement completed.
2021-04-21 - 1:06:34 PM GMT