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I. Ordinance Establishing the Public Art Program

A. Title:

Part of a series of seven free standing rusted steel sculpture towers with various whimsical objects at the top which are painted in bright vivid colors.

The Art in Municipal Places Ordinance, often referred to as the “1% for Art Ordinance”, Chapter 10, Article 5, Revised Ordinances of Albuquerque, 2000.

B. Purpose:

The ordinance was introduced and approved by the Albuquerque City Council in 1978. The Purpose is to “promote and encourage private and public programs to further the development and the public awareness of and interest in, the fine and performing arts and cultural properties; to increase employment opportunities in the arts; and to encourage the integration of art into the architecture of municipal structures.” Projects in the Capital Program shall include an amount for works of art equal to one percent of the total construction cost of the project. Nothing contained in the Ordinance shall preclude funding of or the acquisition of art for municipal property in other ways.

C. Definitions:

The following definitions are derived from different sources and are referenced as follows: (Ordinance), (Guidelines), etc. The source appears at the end of the reference.

  1. Board” shall mean the Albuquerque Arts Board. (Ordinance)
  2. Mayor” means the Mayor of the City of Albuquerque or his designated representative. (Ordinance)
  3. City Council” means the elected City Council members of the Albuquerque City Council. (Guidelines)
  4. Capital Improvements Program” means all capital projects of the City. (Ordinance). “CIP” also refers to the Capital Implementation Program Division. (Guidelines)
  5. General Bond Purpose” means each separate question or purpose submitted to the voters in a General Obligation Bond election or any purpose for which a bond ordinance authorizing revenue bonds is approved. (Guidelines)
  6. One Percent for Art” means an amount equal to one percent of the amount of funds for each bond purpose shall be designated for the acquisition of Works of Art and administration of the Program. (Guidelines)
  7. Work of Art“ means 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 structure, “Work of Art” may include a combination of landscaping and landscape design (including some natural and manufactured materials such as rock, 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 ephemeral arts such as dance, voice, music or poetry unless expressed in a manner defined above. The Work of Art shall have 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. (Ordinance)
  8. Public Art Urban Enhancement Program” means the division of the Cultural Services Department responsible for administering the Public Art Program. (Guidelines)
  9. Public Art Program” means the Program, the entity and the activities including the Arts Board and City staff, which develop and implement the purpose and goals of the Art in Municipal Places Ordinance, following city policies and procedures. (Guidelines)
  10. Public Art Collection” means the entirety of Works of Art in municipal places which have been acquired by the City of Albuquerque through the Public Art Program. (Guidelines)
  11. Guidelines” is the term used to describe these regulations adopted by the Board and approved by the Mayor which establish procedures necessary to carry out the purpose of the Ordinance. These guidelines shall include but not be limited to criteria for the selection of artists and art works, maintenance of a file of interested artists, payment practices, procedures for artistic competitions, and requirements for the maintenance of art works. (Ordinance) These guidelines shall delineate the goals of the Public Art Program. (Guidelines)
  12. Art Selection Committee” or “Art Project Planning Committee” or “Ad Hoc” task forces or committees are established by the Board to advise and assist the Board and are herein referred to as “Committee(s)”. (Ordinance)
  13. Prospectus” is the term used to describe “what is wanted in a particular Work of Art”. In relation to the City’s purchasing processes, it is equivalent to “a request for proposals” or a “request for qualifications.” The Prospectus is often also referred to as the “Call for Artists”. A Prospectus usually includes elements such as the site, the desired medium for the artwork, a theme or other desired qualities which may help artists in responding to the range of needs affecting a public art project, the funding source and budget amount, and artist eligibility requirements. A Prospectus shall be developed for every project, including donations, acquisitions of existing Works of Art, or direct selections of artists. (Guidelines)
  14. Request for Proposals” (RFP) means the type of Prospectus that solicits art proposals from artists. RFP can be an effective way to consider and evaluate the appropriateness of an artist’s concept when certain parameters of a project warrant detailed information. (PAN Best Practices 2009)
  15. Request for Qualifications” (RFQ) means the type of Prospectus that solicits qualitative information from artists for further consideration of art concepts. The RFQ does not anticipate that artists prepare or present specific project ideas based on limited information provided in the Prospectus. (PAN Best Practices 2009)
  16. Art Selection Criteria” means the evaluative categories developed for an art project based on the Board adopted matrix and further explored and/or refined by the Committee. (Guidelines)
  17. Residence” refers to the location of the artist's home and/or studio; in many cases, the Prospectus may require identification of the Artist's community, county or state of residence. This is generally demonstrated through the mailing address and/or other documentation that verifies that an artist has maintained “residence” in a particular locality, usually for a period of one year prior to consideration for a public art project. In particular cases, with Native American artists, tribal enrollment may be substituted for domicile with regard to establishing “residence”. (Guidelines)
  18. City Facility” for the purposes of the Public Art Program refers to publicly-accessible facilities owned and operated by the City of Albuquerque; this may include buildings, parks, public spaces or public works which are physically or visually accessible to the general public. (Guidelines)
  19. Publicly Owned” Property refers to facilities or grounds which are not the property of the City of Albuquerque but are owned by other governmental or public agencies on which City of Albuquerque public art projects may be sited; these include joint use facilities of the City of Albuquerque and facilities of other public entities such as the Albuquerque Public Schools, the State of New Mexico, etc.; or, private facilities or properties where necessary public easements have been obtained. (Guidelines)
  20. User Department” refers to any City department, division or program with capital projects, or for which public art projects are being considered. (Guidelines)
  21. Adoption” refers to the process by which the Board considers Works of Art for inclusion into the Public Art Collection which may be owned either by the public or private sector, but which would benefit from being cared for, supported and promoted through becoming part of the Public Art Collection. (Guidelines)
  22. Notice of Acceptance” is the written notification to the Artist that a Project is complete and that the Work of Art has been accepted by the City.(Guidelines)
  23. Decommission” is the process by which the Board considers removal of Works of Art from the Public Art Collection. (Guidelines)