PUBLIC ART PROGRAM

Memphis Code of Ordinances tit. 12, ch. 12-72

in effect

Memphis Code of Ordinances § 12-72-1 Purpose.

Sec. 12-72-1. - Purpose. The purpose of the public art program, as defined herein, is to provide a dedicated funding source for art enhancements to be implemented in selected city capital improvement projects constructed by the city or with city funds, and to provide, through the city public art oversight committee, guidance and support to the city in implementing such art enhancements and to thereby foster public projects of art in city buildings and landscapes with a minimal impact on existing procedures, practices and capital improvement project budgets. (Ord. No. 5674, § 1(2-86), 1-9-2018)

Memphis Code of Ordinances § 12-72-2 Definitions.

Sec. 12-72-2. - Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: Art percentage means that percent defined in section 12-72-3(A), to be allocated to the public art fund out of eligible general fund capital improvement project ("CIP") funds (excluding public works project, PW 156) and used hereunder to enhance public buildings with artwork. Artwork means all forms of original creations or works designed by a professional artist, team of artists, or design team. Local artist means an artist who has current permanent residence within the city municipal limits. An artist team shall be considered as a local artist when at least 75 percent of the members of the team have current permanent residence within the city municipal limits. Minority means those persons who are of a race or nationality other than Caucasian, including African Americans, Hispanics, Asians, Native Americans, or a combination thereof. MWBE means an entity which is owned and controlled by one or more African Americans, Hispanics, Asians, Native Americans, or women, or a combination thereof. Participating bureaus means departments of the city that either construct or fund CIP projects in which artwork is to be installed and public art funds are to be expended hereunder. Public art fund means the special fund established as a separate account pursuant to section 12-72-3(A) with funds allocated to the public art fund and administered by the city. All interest and investment earnings attributable to the public art fund shall accrue therein. The city shall establish procedures for reporting activity of the public art fund. The city shall periodically provide the city council with reports reflecting all amounts allocated to the public art fund, encumbered to specific projects, and expended from the public art fund for artwork. Public art maintenance fund means the special fund established as a separate account pursuant to section 12-72-3(B) with funds allocated to the public art maintenance fund, and administered by the city. All interest and investment earnings attributable to the public art maintenance fund shall accrue therein. The city shall establish procedures for reporting activity of the public art maintenance fund. Public art oversight committee shall consist of seven members with three members nominated by the mayor and approved by the city council. Three members nominated by the council chair and approved by the council and one of the seven members shall be the chair of the UAC board or a board member designated by the UAC board chair. The members shall serve a maximum of four two-year terms. Members shall sign a conflict of interest statement and declare any conflicts annually. The committee shall also include as ex officio members the UAC executive director and the director or designee of any participating bureau. Public art program means the activities and art enhancements generated pursuant to this chapter. Regional artist means an artist who has lived and worked in the Memphis Metropolitan Statistical Area for the past three years. Rolling three-year period means at any given date, the previous three fiscal years combined. UAC is the urban art commission, an independent 501(c)(3) organization established in 1999. Women means those persons, citizens of the United States and lawfully admitted resident aliens, who are of the female gender and not otherwise included in one of the specific ethnic minority groups. (Ord. No. 5674, § 1(2-87), 1-9-2018)

Memphis Code of Ordinances § 12-72-3 Funding source, use and disbursement of the public art program.

Sec. 12-72-3. - Funding source, use and disbursement of the public art program. A. An art percentage of one percent of the total general obligation bond amount included in the CIP budget for construction costs each fiscal year, not to exceed $1,000,000.00 per fiscal year, shall be allocated to the public art fund for use in the development of artwork hereunder, including, but not limited to, artist design services, the development of design concepts and models, an artist in residency program, the selection, acquisition, purchase, commissioning, placement, installation, exhibition and display of artwork, and architectural and engineering design associated with artwork. B. Each fiscal year, the city shall provide operating funds in an amount equal to one-tenth of one percent of the total general obligation bond amount included in the CIP budget for construction costs each fiscal year, which funds shall be allocated to the public art maintenance fund for use for maintenance, curatorial and conservation care for artwork developed pursuant to the public art program. C. Funds in the public art fund and the public art maintenance fund not expended by the end of the close of any fiscal year shall be carried forward to the next succeeding fiscal year, to the extent that such carried forward funds, when added to the art percentage funds for the succeeding fiscal year, do not exceed $1,500,000.00. D. All participating bureaus shall include in their applications for funding for CIP projects to unrelated governmental agencies and other funding sources that allow for art enhancements in capital improvement projects, amounts up to the limit set by any such agency or other funding source, for artist design services and artwork. Any grant amounts received by participating bureaus for artwork or art enhancements to capital improvement projects shall be directed to the public art fund and shall not be included for purposes of computing the maximum funding amounts set out in subsections 12-72-3(A) or 12-72-3(B). E. Public art funds shall be used for the creation of artwork in, upon, adjacent to, or in close proximity to CIP projects. F. Disbursements from the public art fund and the public art maintenance fund shall be made only after authorization by the city, through its city engineer. Disbursements shall be made according to the terms of this chapter and any guidelines adopted by the city hereunder. G. UAC will track dollars spent locally within each project. Sixty percent of the projects/dollars spent annually shall be contracted to a local artist or team of artists. It is possible that there may be years that due to the special needs of projects or unforeseen circumstances, there may not be local artists available to meet the 60 percent participation. In this case, the 60 percent participation shall be calculated on a three-year rolling period to allow for the UAC to meet the participation goal by increasing the local artists participation in the next two years. H. In an effort to promote equality and diversity in all artwork undertaken pursuant to this chapter, the public art program funded hereunder should include significant minority and women participation. UAC will report annually on the total CIP dollars contracted in MWBE participation, including both certified and non-certified vendors. (Ord. No. 5674, § 1(2-88), 1-9-2018)

Memphis Code of Ordinances § 12-72-4 Oversight.

Sec. 12-72-4. - Oversight. The City of Memphis Public Art Oversight Committee shall meet regularly to provide guidance and oversight in the implementation of the city's public art program. A. All meetings of the public art oversight committee shall be open to the public and posted in accordance with city policies for meetings of appointed boards and commissions; B. Review program policies and guidelines and make recommendations to city council for changes and updates to the public art ordinance as appropriate; C. Provide guidance to UAC in the development of the annual plan and recommend its adoption to city council; D. Recommend representatives for ad hoc selection committees to expand the roster of volunteers to serve as selection panelists; E. Review quarterly reports presented by the UAC and evaluate the performance of the organization in the administration of the program; F. Annually the members of the oversight committee shall complete a conflict of interest form and declare any conflicts of interest; members shall abstain from participating in discussions or voting on items in which they have a conflict of interest of the appearance of a conflict of interest. (Ord. No. 5674, § 1(2-89), 1-9-2018)

Memphis Code of Ordinances § 12-72-5 Administration.

Sec. 12-72-5. - Administration. The city shall contract annually with the UAC for the UAC to administer the public art program, and shall provide therein for compensation to be paid to UAC for all such administrative services. The UAC and the public art oversight committee shall, after consultation with the city council and participating departments of city, administer the provisions of this chapter relating to artwork acquisition and display, and shall adopt guidelines to: A. Provide for annual meetings with participating bureaus; B. Develop an annual plan for the public art program that considers the views of the participating bureaus and is consistent with all applicable city budgets; C. Recommend to the city engineer and appropriate bureau director for his or her approval the selection of artwork to be created with public art funds; D. Provide a method for the appointment of representatives to ad hoc selection committees, created solely for the purpose of selecting artists and reviewing artwork proposals. The method shall include a public solicitation of applications and an orientation for selection committee members on their role as panelists. The names and affiliations of the members of the selection committee shall be published in the call for artists. E. Ad hoc selection committee members shall sign a conflict of interest statement and shall abstain from participating in discussion or voting on items in which they have a conflict of interest or the appearance of a conflict of interest; F. Ad hoc selection committee meeting information and meeting minutes shall be publicly advertised on the UAC website and social media and ad hoc selection committee meetings shall be open to the public; G. Determine a method or methods of selecting artists for the design, execution and siting of artwork; H. Provide quarterly reports and reviews to the city council to account for artwork projects funded from the public art fund; I. Clarify the responsibilities for maintenance of artwork, including any extraordinary operations or maintenance costs associated with artwork, prior to selection; J. Facilitate the preservation of art objects, ethnic and cultural arts and crafts, and artifacts funded through this chapter; K. Determine a process to accession and deaccession artwork, as necessary, and make recommendations to the oversight committee and, as appropriate, for the disposal of city assets to city administration or city council; L. UAC shall provide the city with CIP-funded contracts to be made publicly available in the city's website for city contracts. M. Set forth any other matter appropriate to the administration of this chapter. (Ord. No. 5674, § 1(2-90), 1-9-2018)

Memphis Code of Ordinances § 12-72-6 Ownership.

Sec. 12-72-6. - Ownership. All artwork acquired pursuant to this chapter shall be acquired in the name of the city. Insurance coverage for artwork acquired hereunder shall be provided and maintained by the city. (Ord. No. 5674, § 1(2-91), 1-9-2018)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12-72PUARPRFetched: 10/28/2026