Chapter 3.06 — ART IN PUBLIC PLACES

[9-21-2022 by Ord. 1782]

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• A. Purpose. The City Council finds and declares:

  1. This chapter may be known and cited as the Indio Art in Public Places Program. The city has developed a nationwide reputation through the annual International Tamale Festival, mural program, and other artistic events, that attract thousands of visitors every year to the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high-quality public art.

  2. A stated goal of the General Plan is to provide a high quality of life and strong community identity enhanced by rich arts and culture programs. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the city.

  3. Residential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement.

  4. Establishment of the Art in Public Places Program will promote the general welfare through balancing the community's physical growth with revitalization and its cultural and artistic resources.

• B. Art in Public Places Program Established. The Art in Public Places Program is hereby established, which shall be applicable to public, residential, non-residential development. Each development subject to the program shall allocate a percentage of the costs of the development towards the placement of artwork within the development or elsewhere in the city, provided that a developer may pay a fee in lieu thereof. The allocation percentage is established in Subsection D (Program Allocation).

• C. Art in Public Places Fund.

  1. There is hereby created a fund to be known as the "Art Fund" to account for fees paid pursuant to Subsection D (Program Allocation). This fund shall be maintained by the City Finance Director and shall be used:

     • a. For the design acquisition, commission, installation, improvement, maintenance and insurance of an artwork, including the development of a design concept and the preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of the artwork;

     • b. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;

     • c. During a fiscal year, for maintenance of artwork purchased pursuant to Subsection 1.a above;

     • d. For costs associated with administering the Art in Public Places Program.

2. If real property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.

• D. Program Allocation.

  1. The Program Allocation is the percentage of the construction costs set aside for the Art in Public Places Program. All residential construction of more than one unit, rehabilitation or expansion with a building permit valuation of $100,000 or more will be assessed an amount equal to 1/4 percent for that portion of the permit valuation in excess of $100,000.

     • a. All other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor, will be assessed an amount equal to 1/4 percent of the total building valuation, excluding land acquisition and of-street improvement costs.

     • b. All public, non-residential development will be assessed an amount equal to 1/2 percent of the total building valuation, excluding land acquisition and off-site improvement costs.

     • c. The total building valuation shall consist of the dollar amount of all construction permits using the latest building valuation data, as set forth by the International Code Council, unless, in the opinion of the Director, a different valuation methodology is more appropriate for a particular project.

  2. In lieu of placement or donation to the City of an approved artwork, the applicant may pay to the Art Fund an amount equal to the program allocation set forth in this Subsection. In lieu fees are due prior to the issuance of a building permit.

  3. Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocation, provided that the applicant shall also pay to the Art Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.

• E. Authority to Adopt Guidelines. The City Manager shall have the power and authority to promulgate guidelines for the implementation of the Art in Public Places Program, and when duly promulgated, such rules and regulations shall be in full force and effect.