Sec. 2-586. - Purpose.

The city accepts a responsibility for expanding experience with visual art. Artists capable of creating art for public places must be encouraged and the city's standing as a regional leader in public art enhanced. A policy is therefore established to direct the inclusion of works of art in public works of the city.

(Code 1968, § 30-45)

Sec. 2-587. - Definitions.

The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the Wilmington Arts Commission. The arts commission is a city corporation authorized by Resolution No. 76-065 and by Resolution Nos. 78-232 and 82-185. Pursuant thereto the Wilmington Arts Commission, Inc., has been incorporated with a charter providing inter alia that the board of directors of such corporation shall consist of three employees of the city to be appointed by and serve at the pleasure of the mayor; three members of the city council to be designated by the president of the city council; and up to nine other members to be appointed by the mayor and whose terms shall be regulated by the bylaws of the corporation.

Eligible construction contract means a capital project greater than $25,000.00, scheduled and identified in the annual capital budget of the city and paid for wholly with municipal funds resulting from the issuance and sale of bonds supported wholly by the general tax revenues of the city or, partly with such municipal funds and partly with funds supplied by the federal government or the state, to construct or remodel any public building or structure, including parks, or any portion thereof, within the limits of the city. As used in this definition, construction contract shall not include the construction, repair or alteration of a city street or sidewalk.

Ornamentation or artwork includes without necessarily being limited to, sculpture, monuments, bas relief, mosaics, frescoes, stained glass, murals, fountains or other decoration, both exterior and interior, having a period of usefulness of at least five years.

(Code 1968, § 30-46; Ord. No. 92-053(sub 1), § 16(h), 7-2-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 2-588. - Percent allocation to art.

(a)

Eligible construction projects. All municipal construction contracts let by the city for the construction or remodeling of public buildings or structures shall include a sum of money amounting to five percent of the estimated construction cost of the building or structure for ornamentation. In the case of buildings or structures deemed appropriate for ornamentation, as defined in section 2-591, the five percent sum may be used for the incorporation of suitable ornamentation in the construction project. The five percent sum shall include all costs for the ornamentation, including architect's and other costs primarily attributable to ornamentation authorized by this section. In the event that the five percent sum is not used for the incorporation of ornamentation in the construction project, it shall be placed in the artwork reserve fund.

(b)

Community development block grant activities. It is further declared to be the intent of this subdivision that, to the extent practicable, an amount equal to five percent of all community development block grant funds budgeted for physical improvements be budgeted for ornamentation or artwork eligible under the block grant program.

(Code 1968, § 30-47; Ord. No. 97-084, § 1, 11-20-97)

Sec. 2-589. - Procedures for municipal construction contracts.

(a)

No later than 60 days after the city council has adopted the annual capital budget, the commission shall review such budget and identify those projects which qualify under this subdivision for participation in the percent for art program of the city. If, from a review of the budget, the commission is unable to determine whether a particular project qualifies for percent for art participation, the commission shall timely request, and the department in charge of such project shall provide, necessary information regarding the scope and nature of the project in question. Within the review period provided for in this subdivision, the commission shall identify and forward to the mayor a list of projects the commission deems eligible for participation in the percent for art program, along with its recommendation as to which eligible projects are appropriate for ornamentation under the provisions of section 2-591

(b)

Within 30 days of receipt of the commission's list and recommendations, the mayor shall finally determine whether or not ornamentation is placed on an eligible construction project; provided, however, that the mayor shall exercise his judgment with due regard to the commission's recommendations and the factors outlined in section 2-591(b). Should the mayor determine that an otherwise eligible project is not appropriate for ornamentation, the one percent sum shall nevertheless be set aside and placed in the artwork reserve fund, unless the provisions of section 2-591(b) are applicable.

(c)

If it is thus determined that a certain project is appropriate for ornamentation, the department in charge of such project, together with the architect or engineer employed for such project, shall include ornamentation in the plans and specifications of the project. Beginning at the preliminary design stage and continuing through the preparation of final plans and specifications, a member of the commission shall consult with and give advice to the architect and department regarding the proposed ornamentation.

(Code 1968, § 30-48)

Sec. 2-590. - Artwork reserve fund.

(a)

There is hereby established in the city treasurer's office a special fund designated "artwork reserve fund" into which the city council shall appropriate annually such sums as it deems proper, as part of the annual operating budget ordinance. The artwork reserve fund shall also be funded in the manner provided by section 2-589(b). Money so deposited and accumulated shall be expended on other eligible capital projects by either augmenting the otherwise available five percent sum for artwork, or for an appropriate artwork that is created independent of an existing construction contract. Monies so deposited shall be encumbered within the period prescribed by any relevant law, ordinance or charter provision of the city.

(b)

Upon the recommendation of the commission, monies accumulated in the artwork reserve fund shall be disbursed from such fund in connection with projects approved by the city council by resolution.

(Code 1968, § 30-49; Ord. No. 98-143, § 1, 12-10-98)

Sec. 2-591. - Ornamentation.

(a)

Appropriate ornamentation. In making its recommendation as to whether an otherwise eligible construction contract should include ornamentation, the commission shall consider such factors as the size of the construction budget and whether the project is underground, underwater or otherwise obscured from public view. The commission also shall consider the nature of the project, whether further ornamentation would be superfluous, and whether the proposed ornamentation will require extraordinary operation or maintenance expenses.

(b)

Financing. The commission shall further consider whether relevant laws or regulations governing the financing of a public improvement, such as a federal aid or state aid project, or bond and other restrictions, would make ornamentation impracticable under the circumstances. If the source of funding precludes art or ornamentation as an object of expenditure, and the remaining eligible funds, if any, render ornamentation impracticable, no ornamentation shall be undertaken and no money shall be placed in the artwork reserve fund.

(c)

Final determinations. The mayor and city council, when acting upon the recommendations of the commission in respect to the appropriateness of ornamentation, shall likewise give due regard to the factors contained in subsections (a) and (b) of this section.

(Code 1968, § 30-50)

Sec. 2-592. - Commission authority.

The commission shall prepare, adopt and amend, with the council's approval by resolution, a plan and guidelines to carry out the city's percent for art program. Such plan and guidelines shall contain operating procedures whereby the commission shall set forth in detail, inter alia, the method or methods of selection of artists, the form and content of required contracts, the procedures governing the selection of preexisting works of art, the standards governing the placement of art, the procedures which shall govern construction projects assisted by community development block grant funds, and any other guidelines and procedures deemed necessary and appropriate for implementing the provisions of this subdivision. Such operating procedures shall not conflict with the provisions of this subdivision.

(Code 1968, § 30-51)

Sec. 2-593. - Conflict of interest.

No member of the commission shall be permitted to receive any contracts for artwork or ornamentation authorized or directed by the commission, nor shall any member of the commission have any financial interest in any corporation or firm which receives any contract for artwork or ornamentation authorized or directed by the commission.

(Code 1968, § 30-52)

Secs. 2-594—2-620. - Reserved.