4527 Public Art Funding- Ordinance No. 2019-4527
An ordinance of the City of Sanford, Florida amending Section 2-504
of the Code of Ordinances of the City of Sanford relating to public art
funding; providing for legislative findings and intent; providing for
Implementing administrative actions; providing for conflicts,
providing for a savings provision; providing for severability;
providing for codification; and providing for an effective date.
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent. The City Commission of
the City of Sanford hereby adopts and incorporates into this Ordinance the recitals
(whereas clauses) set forth herein as the legislative and administrative findings and
intent of the City Commission which, together with the agenda materials, memorandum
and staff reports, to the extent that they exist, shall be maintained consistent with the
maintenance schedule for ordinances, as public records of the City.
Section 2. Amendment; Section 2-504, City Code. The provisions of Section
2-504 of the City Code are amended to read as follows (underlined text is new language
and stFikethFeugh tex is deleted text):
Sec. 2-504. - Funds; earmarkinW, public sector and private sector
donations.
(a) The Finance Director shall establish a "Public Art Fund" in which funds
appropriated or donated for the purposes of public art shall be deposited.
(b) Funds for public works of art projects may be identified or solicited from
other public sector agencies, private foundations and granting bodies, businesses,
organizations or individuals of every type or nature.
(c) The Public Art Commission may seek private donations of funds, artwork,
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publicly awarded funds or services including, but not limited to, in-kind services.
(d) The City Commission may, from time -to -time, appropriate funds into the
Public Art Fund for either specific or general purposes. FURds fE)F aFGhiteGtUFal
eRhaRGement and PUbliG works of aFt-.
(1) F=XGept as pFevided heFeiR, all estimates fE)F the GGRStFUGtiGR or reRovation
Gf Gapital pFojeGts and all
prejeGts shall inGlude an
a GOmbined arnGunt fer
!andSGaping, treatment equal
prejeGt.
Fequests
arneunt
publiG
to
feF
fGF
works
ene
authorizations I
GentFibutien te the publiG
of art, aFGhiteGtUral
peFGent Gf the total estimated
I . . 3tions fGF SUGh
art fund WhiGh FepFesents
enhanGernent
Gest Gf the
Gapital
er speGial
Gapital
(2) The Gne peFGent
Gf Gapital pFejerts whiGh
GaIGUIatiGn
have an
estimated
shall enly apply
GGnstruGtien GeSt
W GonstruGtien er
of at least $50,000.00
Fenevatien
a
shall not apply beyGnd the
first
$50,000,000.00
Gf any pFojeGts
with aR estimated
GGSt in
eXGess ef $50,000,000.00.
(3) The publiG
legally permissible feF that
art fund
pre*eGt
requiFement
and
shall enly apply
under the speGifiG pr
if suGh an expeRditure
eGt funding SE)UFGes
is
E)f the
Gapital pFejeGt. if the SDUFGe
paFtiGUIar PFqjeGt preGludes
Gf
art
fundiRg
as an
er c)theF appFopriate
apprGpriate expenditure
law with respeGt
ef funds, the
te any
amount G
funds se FeStFiGted shall
be eXGluded
from the aferesaid GaIGUIatiGR.
(4) Said PUMG
wGFks
of art,
arGhiteGtural enhanGement
GF speGial
IandSGape
treatment PFOVided fGF abGve
in
seGtion
(1) may be integFal
paFts ef the building;
situated
within Gr outside the building,
may
be IGGated in Gr ReaF
geveFRFnent faGi ities
whiGh
have already beeR GenstFuGted,
GF
may be lGGated in ether
PUMG plaGes
where the
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til J�t�i� i!\!lll��'�'.�l•►T� Jt!\f71t!\� �tliii....... ..........
� r - . = r r• r r r
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance.
Section 4. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby
repealed.
Section 5. Savings.
The prior actions of the City of Sanford in terms of the matters relating to handbill
regulation, as well as any and all actions and activities of the City pertaining thereto or
of an associated nature, are hereby ratified and affirmed.
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Section 6. Codification.
Section 2 of this Ordinance shall be codified and the actions required by this
Ordinance shall be implemented as deemed appropriate by the Code codifier.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 28th day of October, 2019.
Attest. City Commissi of the City of
Sanford, Florid�,J Seminole County,
Florida. i
&U�LVUM' &0,
pp- � A Ail � �,
Traci Houchin, CMC, FCRM, City Clerk . I a or
Approved as to form and aw0
Legality: �, 1
William L. Colbert, Esquire �1
City Attorney
CITY COMMISSION MEMORANDUM 19236
OCTOBER 28, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Sabreena Colbert, Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Ordinance No. 2019-4527, Amending Section 2-504, City Code, relating
to Public Art Funding
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
An ordinance amending Section 2-504 of the Code of Ordinances of the City of Sanford relating
to public art funding has been prepared to allow for greater flexibility in the appropriation of funds
for public art.
FISCALISTAFF'ING STATEMENT:
There is no additional cost to the City to implement the amended regulations. The obligatory
funding requirements of the City without any case-by-case decision making by the City
Commission has been removed.
BACKGROUND:
On August 22, 2016, the City Commission enacted Ordinance No. 4385 creating the Public Art
Commission and establishing processes and procedures relating to public works of art and which
was codified as Section 2-504 of the Code of Ordinances of the City of Sanford
Section 2-504 includes a provision for "Funds for Architectural Enhancement and Works of Art"
which mandates a 1% contribution to a public art fund for works of art, architectural enhancement
or special landscaping treatment equal 1% of the total estimated cost of capital projects within an
estimated construction cost threshold. The contribution to the public art fund can only apply if the
expenditure is legally permissible for the capital project under the specific source(s) of funding.
Due to the limitations of the funding sources for capital projects, the amendment proposed will
remove the 1 % contribution and add provisions to allow the City Commission to appropriate funds
into the public art fund for either specific public art projects or general purpose. This will allow
greater flexibility in the appropriation of funds for public art within the City.
LEGAL REVIEW:
The City Attorney's office has assisted in this matter and has no legal objection to the action
proposed.
The City Commission approved the first reading of Ordinance No. 4527 on October 14, 2019.
The City Clerk published notice of the 2 Public Hearing in the Sanford Herald on October 20,
2019.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 2019-4527 on second reading,
amending Section 2-504 of the Code of Ordinances of the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2019-4527."
Attachment: Ordinance No. 2019-4527.