HomeMy WebLinkAboutD-2547-20_Amended_Public_Art_Advisory_Committee_Ordinance_SPONSOR(S): Worrell and Finkam
This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on 10/8/2020 at 2:08 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
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ORDINANCE D-2547-20
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
AMENDING CHAPTER 2, ARTICLE 2, SECTION 25 OF THE CARMEL CITY CODE.
Synopsis: Amends the Carmel Public Art Advisory Committee’s process of review for City purchases
of new permanent pieces of public art costing in excess of $5,000.
WHEREAS, in 2018 the Carmel Common Council adopted ordinance D-2409-18, which established
the Carmel Public Art Advisory Committee (the “Committee”); and
WHEREAS, pursuant to D-2409-18, the Mayor must seek comment and input from the Committee
regarding the proposed location of the new piece of public art prior to the City’s installation of any new
permanent piece of public art purchased costing more than $5,000; and
WHEREAS, it is in the best interests of the citizens of the City of Carmel to amend and clarify the
Mayor’s responsibilities to include seeking the Committee’s comment and input regarding the purchase or
acquisition of all public art costing or valued at $5,000 or more; and to amend and clarify the Committee’s
review process and responsibilities;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
as follows: pro
Section 1: The foregoing Recitals are incorporated herein by this reference.
Section 2: That Chapter 2, Article 2, Section 25 is hereby added to the Carmel City Code and shall
read as follows:
“Sect. 2-25. Carmel Public Art Advisory Committee and Public Art Acquisition
(a) Definitions. These definitions shall apply throughout this ordinance:
1) “The City” shall mean the City of Carmel, Indiana, its officers, administration,
employees, agents, assigns, and/or contractors as well as any department or
commission established by the City of Carmel, including any of their respective
officers, administration, employees, agents, assigns, and/or contractors
2) “Public art” shall mean any work of art in any media, irrespective of where it is
situated in the City or who sees it, that the City acquires or plans to acquire by
means described in subsection (a)(3).
3) “Acquisition” and “Acquire” shall mean obtained through the use or expenditure
of public funds or through a donation by an individual or corporate entity,
whether for-profit or non-profit.
4) “Permanent” shall mean two (2) or more years.
5) “Notice” shall mean written communication to the sitting Carmel Public Art
Advisory Committee Chair by e-mail or certified mail.
DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B
SPONSOR(S): Worrell and Finkam
This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on 10/8/2020 at 2:08 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
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Ordinance D-2547-20
Page Two of Three Pages
(b) There is hereby established the Carmel Public Art Advisory Committee (the
“Committee”).
(c) Composition and Term. Each Common Council member shall appoint one citizen from
their District to serve on the Committee. Committee members shall serve a term of two
(2) years, to hold over until a successor is duly appointed, and may be re-appointed.
(d) Mayor and City Responsibilities. Except as set forth in subsection (g), at least sixty (60)
days prior to the City’s planned acquisition of any piece of public art costing or valued
at $5,000 or more, the Mayor shall give notice of the City’s said planned acquisition
and shall seek comment and input from the Committee regarding: 1) whether the City
should acquire the public art described in the notice; and 2) the location of the public
art described in the notice, should the Committee recommend that the City acquire it.
(e) Committee Responsibilities. Within thirty (30) days of receiving notice of any proposed
public art acquisition by the City pursuant to subsection (d), the Committee shall meet
and issue a written recommendation to the Mayor as to: 1) whether the City should
acquire to the public art described in the notice, and 2) the location of the public art
described in the notice, should the Committee recommend that the City acquire it. The
Committee’s written recommendation shall include the Committee’s final vote on each
issue.
(f) The recommendations of the Committee are advisory only, and the Mayor retains full
and final authority to designate what public art the City acquires and where it is located
within the City.
(g) Committee’s Optional Waiver of Sixty (60) – Day Notice. By notice complying with
subsection (a)(5), the Mayor may request the Committee to waive the sixty (60)-day
pre-acquisition notice requirement. By written communication to the Mayor, the
Committee shall respond to such a request for waiver within five (5) business days of
receipt. By majority vote, the Committee may waive this sixty (60)-day pre-acquisition
notice period if it finds that the Mayor has sufficiently established with verifiable
evidence that extenuating circumstances exist that justify waiver. Upon election of
waiver, the Committee shall issue a written recommendation to the Mayor as soon as
practicable as to: 1) whether the City should acquire to the public art described in the
notice, and 2) the location of the public art described in the notice, should the Committee
recommend that the City acquire it. The Committee’s written recommendation shall
include the Committee’s final vote on each issue.
Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement
of same can be given the same effect.
DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B
SPONSOR(S): Worrell and Finkam
This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on 10/8/2020 at 2:08 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
C:\Users\jquinn\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XM2EQ3MA\D-2547-20 Amended Public Art Advisory Committee Ordinance
Clean w JER edit 11.11.20 (1).docx
Ordinance D-2547-20
Page Three of Three Pages
Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by
the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020,
by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2020, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2020, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B
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