Ord 2487 - Not Enacted (See Ord 2491)
COUNCIL BILL NO.2893
ORDINANCENO.2487
AN ORDINANCE ESTABLISHING A PUBLIC ART MURAL PROGRAM; CREATING THE
WOODBURN PUBLIC ART MURAL COMMITTEE AND PROVIDING FOR A PROCESS
FOR THE CITY’S CONSIDERATION OF PUBLIC ART MURALS
intent and purpose of this Ordinance is to encourage the
WHEREAS,
production of public art murals for acquisition by the City of Woodburn; and
the City of Woodburn, acting as a “patron of the arts” may
WHEREAS,
display public art murals in spaces that it either already owns or acquires as a
form of government speech 55U.S. 460
Pleasant Grove City, Utah v. Summum,
(2009); and
public art murals serve the public interest by enhancing the
WHEREAS,
aesthetics of the City, providing avenues for original artistic expression, and
allowing access to original works of public art; and
public art murals can increase community identity and foster a
WHEREAS,
sense of place if they are located at heights and scales visible to pedestrians,
are retained for longer periodsof time and include a neighborhood
involvement process; and
the City Council recognizes that visual arts contribute to and
WHEREAS,
provide experiences that enrich and better the social and physical environment
of the community, and desires to foster an advancement of the visual arts; and
such recognition can be implemented through the creation
WHEREAS,
and implementation of a public art murals program;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINSAS FOLLOWS:
No person
Section 1. Approval by Woodburn Public Art Mural Committee.
shall commence creation of any public mural without first obtaining approval
from the Woodburn Public Art Mural Committee and agreeing to donate the
mural to the City of Woodburn as provided in this Ordinance. Murals that are
created without approval from the Woodburn Public Art Mural Committee or
are inconsistent with the conditions of approval from the Woodburn Public Art
Mural Committee are not public art murals and are subject to the regulations
contained in the Woodburn Development Ordinance and other applicable
ordinances.
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Ordinance No.2487
The
Section 2.Creation of Woodburn Public Art Mural Committee.
Woodburn Public Art Mural Committee (“the Committee”) is hereby created by
the Woodburn City Council and is delegated power and authority pursuant to
this Ordinance.
Section 3.Composition of Woodburn Public Art Mural Committee.
A. The Woodburn Public Art Mural Committee shall consist of five members
appointed by the Mayor to a full or unexpired term, and confirmed by the City
Council. Any vacancy in the Committee shall be filled by appointment by the
Mayor with the consent of the City Council for the unexpired portion of the term.
B. The Woodburn Public Art Mural Committee shall consist of two City Councilors,
two members who have experience, training or expertise in the visual arts, art
history, art criticism, or art education; and one at-large member.
C. All members of the Committee shall be legal residents of the City of
Woodburn.
Section 4.Terms of Office.
A. The terms of office of each Committee member shall be three years, or until
a successor is appointed and qualified. The terms of Committee members shall
be staggered so that the term of office of not more than two members will
expire in the same year. The terms of office shall expire at midnight on
December 31.
B. Members of the Committee shall receive no compensation for their services.
Section 5.Organization of the Committee.
A. The Committee shall elect a Chair and a Vice Chair.
B. The Economic and Development Services Director shall serve as Secretary to
the Committee. The Secretary, supported by other city staff, shall provide
notice of public meetings and public hearings, and keep minutes of all
proceedings of the Committee in accordance with state law and city
ordinances.
C. Three members of the Committee shall constitute a quorum.
D. The regular meeting place of the Committee shall be at Woodburn City Hall.
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Ordinance No.2487
The Woodburn Public
Section 6.Functions and Duties of the Committee.
Art Mural Committee is delegated the authority pursuant to this Ordinance to
select, acquire, receive, document and register public art murals on behalf of
the City of Woodburn.
Section 7. Public Art Mural Selection Criteria.
A. The Woodburn Public Art Mural Committee shall consider and apply the
following selection criteria in selecting and acquiring public art murals:
1. Strength of artist's concept for, and originality of, proposed public art
mural,
2. Demonstrated craftsmanship ofartist,
3. Appropriateness of scale of the public art mural to the wall on which
the proposedpublic art mural will be painted/attached,
4. Appropriateness of the scale of the public art mural to the surrounding
neighborhood,
5. Architectural, geographical, socio-cultural and/or historical relevance
of the public artmural to the site,
6. General support/advocacy for the public art mural from the building
owner/user,surrounding neighborhood, adjacent businesses, and arts
community,
7. Demonstrated ability to complete the proposed public art mural on
time and withinbudget,
8. The proposed public art mural will not be located on a single family
dwelling,duplex, or multi-family dwelling, as used in this subsection, single
family dwellings, duplexes, or multifamily dwellings does not include
mixed-use buildings which contain a single family dwelling, duplex, or
multi-family dwellings.
9. The proposed public art mural will not contain electrical components,
threedimensional structural elements; employ electrical lights as part of
the image,moving structural elements, flashing or sequential lighting,
interior lightingelements, any automated method that causes movement,
or any method thatcauses periodic changes in the appearance of the
public mural or changes themural image or message,
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Ordinance No.2487
10. The proposed public art mural will be located in a manner that is
accessible to the public.
Section 8.Conditions of Approval.
A. Approval of any public art mural by the Woodburn Public Art Mural
Committee is required prior to commencement of the mural and the artist must
agree to donate the public art mural to the City of Woodburn.
B. Public art murals must be maintained and remain in place for a minimum of
seven yearswithout alterations.
C. The approval and acceptance of each public art mural shall be contingent
upon theconveyance of a public mural easement to the City from the owner of
the building uponwhich the public mural will be located. The easement shall be
in a form acceptable to the City Attorney and shall convey to the City the right
to install, maintain, operate and exhibit the public art mural and provide that
the person granting the easement will maintain thepublic art mural, and, if
necessary, restore the public art mural to its original condition for theperiod of
the easement, and provide that, upon expiration of the easement, the property
owner will remove the public art mural and restore the building to its prior
condition.
The artist will submit an
Section 9.Public Art Mural Application.
application for the proposed public art mural on a form prepared by the
Economic and Development Services Director. The application will include the
location, materials, size/dimensions, written description of the mural, and an
explanation of how the mural meets the selection criteria specified in this
Ordinance. In addition, an easement form shall be submitted that includes: a
legal description of the property upon which the mural will be placed, proof of
ownership of the property (i.e. a copy of the deed), and proof of identity of the
person who has the authority to sign the easement form.
Each application for a
Section 10.Public Art Mural Application Fee.
proposed public art mural shall be accompanied with an application fee in the
amount of $1,148. This application fee is intended to partially defer the City’s
costs in processing the application.
The Committee shall hold a public
Section 11.Notice of Public Hearing.
hearing on the proposed public art mural. Written notice of a public hearing
shall be published once in a newspaper of general circulation and shall be
posted on the building where the public mural will be placed. Public notice shall
be given no later than thirty days before the public hearing. The notice shall
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Ordinance No.2487
explain the purpose of the hearing, and contain a preliminary sketch and
written description of the mural.
At the public hearing, any interested person
Section 12.Public Hearing.
shall be afforded the opportunity to speak or to present written evidence to the
Committee.
After the conclusion of the public hearing, the
Section 13. Final Decision.
Committee shall deliberate and make a final decision of the proposed public
art mural. The final decision by the Committee shall be in written form and shall
contain findings and conclusions explaining how the public art mural selection
criteria were applied to the application.
The Committee shall provide notice
Section 14.Notice of Final Decision.
of its final decision to the applicant and all persons who presented testimony or
submitted written evidence at the public hearing.
The final decision of the
Section 15. Judicial Review of Final Decision.
Committee is not a land use decision and is reviewable exclusively by Writ of
Review filed in the Marion County Circuit Court as provided in ORS 34.010 to ORS
34.102.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
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Ordinance No.2487