1% for the Arts
In December 2010, the Rio Rancho Governing Body approved the creation of the Delma M. Petrullo Art in Public Places Ordinance. The ordinance requires that an amount equal to one percent (1%) of capital improvement bond proceeds is reserved for acquisition of art for public places in the city.
Below is the legislation from municipal code regarding this program.
Art in Public Places
The intent of this article is to implement the vision of Delma M. Petrullo by promoting and encouraging private and public programs to further the development and public awareness of, and interest in, the visual arts and fine crafts; to increase employment opportunities in the arts; and to encourage the integration of art into the architecture of municipal structures.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITAL IMPROVEMENTS PROGRAM. Except for water, wastewater and drainage facilities, all other capital improvements defined in Section 150.25(B), R.O. 2003, funded by the sale of city general obligation bonds for such purpose.
CITY MANAGER. The City Manager or the City Manager’s designee.
COMMISSION. The Arts Commission established by Section 33.27.
WORK OF ART. Any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art (including an etching), works in clay, textile, fiber, wood, metal, plastic, glass, and like materials, or mixed media (including a collage, assemblage, or any combination of the foregoing art media). For projects which involve no structures, “work of art” may include a combination of landscaping and landscape design (including some natural and manufactured materials such as rocks, fountains, reflecting pools, sculpture, screens, benches, and other types of street furniture). Except as provided herein, the term “work of art” does not include environmental landscaping or the performing or literary arts such as dance, voice, music or poetry unless expressed in a manner defined above.
36.103 ARTS COMMISSION.
(A) The Arts Commission established by Section 33.27 (“Commission”) shall have initial and primary responsibility for recommending expenditures of funds under this article.
(B) Conflict of Interest. A Commission or subcommittee member having a financial interest in the outcome of any policy, decision, or determination before the Commission or subcommittee on which he serves shall, as soon as possible after such interest becomes apparent, disclose to each of the other members voting on the matter the nature of his financial interest in the issue, and shall be disqualified from participating in any debate, decision or vote relating thereto.
36.104 POWERS AND DUTIES.
In addition to the powers and duties given the Commission by Section 33.27, the Commission shall:
(A) Make recommendations to the City Manager on the acquisition of works of art for city-owned facilities.
(B) Make recommendations to the City Manager for any work of art to be funded from the capital improvement program as provided for in Section 36.105(A) with regard to an artist, a design proposal and/or a work of art to be approved.
(C) Make recommendations to the City Manager for any work of art which will be a part of the public art collection and which will be funded or partially funded by non-capital improvement program sources including the public site for the display of such art and establish criteria for the selection of the artist and/or the work of art or make recommendations regarding the proposed artist and/or work of art.
(D) Advise the City Manager on the proposed removal, relocation or alteration of any public arts project or works of art in the possession of the city but which are not collections or exhibitions of other city departments.
(E) Make recommendations to the City Manager on any arts program to be supported by the city other than the programs operated by other city departments.
(F) Recommend to the City Manager programs and facilities to further the development and public awareness of the visual arts and fine crafts.
(G) Seek private donations to the public art program, and advise the City Manager regarding additional sources of public funds for the program.
(H) Establish and recommend to the Governing Body guidelines necessary and appropriate to carry out the purposes of this article (Section 36.101 et seq.), including but not limited to criteria for selection of artists and artwork, maintenance of a file of interested artists, payment practices, procedures for artistic competitions, and requirements for the maintenance of works of art, to be adopted by the Governing Body in the city’s policies and procedures.
(I) Establish a system of active coordination with the city’s capital improvement program and other building activities to ensure that works of art are properly integrated into the built environment.
(J) Establish subcommittees or ad hoc task forces to advise and assist the Commission, including but not limited to recommending artists or artwork to be funded from the capital improvement program as provided for in Section 36.105(A). Local selection committees may be established as subcommittees to the Commission to recommend to the Commission an artist or a work of art to be funded from the capital improvement program as provided for in Section 36.105(A). Subcommittee and task force members shall be appointed by the Commission for terms to be specified by the Commission.
(K) Serve as an advisory commission for such city arts or cultural properties and programs as directed by the City Manager.
36.105 FUNDS FOR THE ACQUISITION OF ART FOR MUNICIPAL PROPERTY.
(A) Projects in the capital improvement program shall include an amount for works of art equal to one percent of each bond purpose; provided, however, that if:
(1) The bond election ordinance; or
(2) Other appropriate laws or regulations; or
(3) An official interpretation by another governmental entity regarding allowable uses for funds which such entity is providing for the project precludes art as an expenditure of funds, then the amount of funds so restricted shall be excluded from the total project cost in calculating the amount to be committed to works of art.
(B) Funds generated as described in subsection (A) of this section shall be budgeted as part of the capital improvements program budget. Additional private or public funds for works of art may be added to these funds and shall be budgeted in a similar manner. Such funds may be earmarked for particular projects.
(C) The public art program shall expend no more than 20% of the total amount allocated to the public art program for the administrative costs of the program and to restore and conserve public works of art to protect public investment. The appropriation will be made at the same time as the appropriation for all projects within the capital improvement program.
(D) Progress payments may be made to the artist for works of art which have been approved by the City Manager. Such payments may reimburse the artist for the cost of materials or for services which have already been performed. At least 25% of the total amount to be paid to the artist shall not be disbursed to the artist until the work of art is formally accepted by the City Manager.
(E) Nothing contained herein shall preclude funding the acquisition of art for municipal property in other ways.
36.106 GENERAL REQUIREMENTS FOR ART SELECTION.
(A) The work of art may be an integral part of a structure, attached to a structure or detached from the structure within or outside of it. It may also be located on publicly owned property where there are no structures.
(B) Any work of art which is chosen must comply with the following standards in addition to guidelines established by the Arts Commission and approved by the City Manager:
(1) The work of art must be located in a public place with public visibility and impact.
(2) The work of art shall have a permanence at least comparable to the lifetime of the bond funding the work of art and shall be likely to remain a thing of value for this time period.
(3) The work of art shall enhance the environment of the city.
(C) The Commission shall recommend an artist, a design proposal and/or a completed work of art, which shall be selected in a manner consistent with the guidelines promulgated by the Arts Commission and approved by the City Manager. The Commission may recommend purchasing a completed work of art, commissioning a work of art, holding a competition to select a work of art, or creating some other timely and appropriate mode of selection. The Commission shall consult with the user agency and project design consultants, if applicable, and involve them in the planning process in the manner that appears most feasible. The City Manager shall accept or reject the recommendation of the Commission. If the City Manager rejects the recommendation, the Commission shall make another recommendation in accordance with the standards and procedures outlined in this section.
(D) The Commission shall make its recommendations in a timely manner in accordance with the project schedule and timetable provided by the City Manager. If the Commission fails to make a recommendation within the timetable established by the City Manager, the City Manager may identify another appropriate public procedure to select an artist or work of art without receiving a recommendation from the Commission, unless the Commission and the City Manager have mutually agreed in writing to an extension of the time period. The time period shall be extended, if necessary, if the City Manager rejects the Commission’s recommendation.
36.107 ADMINISTRATIVE RESPONSIBILITIES.
(A) The City Manager shall provide adequate staffing and administrative support for enabling the Arts Commission and any of its subcommittees to carry out their duties.
(B) The capital improvement program and/or user agency shall be responsible for the conservation and maintenance of all works of art in the public art program. The Commission shall prepare and deliver to the Governing Body an annual report on the condition and maintenance requirements of all works of art in the public art program.
This article is not intended to amend any bond question submitted to the voters or any bond ordinance authorizing revenue bonds.