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ORD 89-02 PUBLIC ART WORK PROGRAMS ORDINANCE NO. 89-02 AN ORDINANCE TO ADOPT A PUBLIC ART WORKS PROGRAM AND FUND FOR THE CITY OF WINSLOW, k~ASHINGTON. WHEREAS, the City Council of the City of Winslc~, Washington has determined it shall adopt a public art works program, and P~EAS, the Council finds it in the best interests of the citizens to do so, NOW THEREFORE, the Mayor and Council do ordain as follows: Section 1. Purpo. se and Policy. A. It shall be the policy of the City to direct and further the inclusion of art in its public works. Such art shall include the production or arrangement of sounds, colors, forms, movements or other elements in a manner that enhances the sense of beauty and is of aesthetic value, and shall be called herein "public art works". B. Such public art works shall be consistent with the CcEnprehensive Plan goals and purposes, zoning and subdivision ordinances, and the uses contemplated therein. C. Public art workswhich have a utilitarian purpose, such as benches, bike racks, water drinking fountains, orwaste receptacles will be encouraged. D. Public art works consisting of natural materials and requiring little or nomaintenance, and which are appropriate in size, color, and configuration for their location, will be also preferred. E. Public art works will be favored that have a theme-relation to their location and the local environment, such as maritime, logging, or strawberry farms; ethnic heritage backgrounds; Winslowhistory; or the particular ecology, flora and fauna of the area. Art projects which have an educatioD~l theme will also be favored. F. Whenever appropriate, priority will be given to ccmnissioning public art works by artists of local or regional emphasis and backgrounds. Section 2. Source, Use and ~zlministration of Funds. A. All funds authorized and/or appropriated for the above purposes shall be maintained in a fund entitled City of Winslow Public Art Fund, the expenditures frc~ which shall be at the sole discretion of City Council. B. Municipal capital construction or in~provement projects, for the purposes of this chapter shall include those paid for wholly or in part by the City for the construction, renovation, or remodel of any public park, street, sidewalk, parking, facility, or any portion thereof, within the City limits. These are entitled "authorized improvements or projects." C. This ordinance shall not pertain to capital projects paid for wholly or in partby the City's Water and Sewer Capital Funds for sewer andwater plant con- struction; or for general repairs, maintenance, demolition projects, equipment costs, real estate acquisition, or underground utilities. This ordinance shall not pertain to the capital expenditure for any public building other than City Hall. D. In addition, the City Council may at its sole discretion decide to allocate one (1) percent of all city funds spent on capital improvements for projects included in 2.C above. E. The City Council shall place one (1) percent of all city funds spent on authorized capital improvements affected by this ordinance in the Public Art Fund, which shall be administered by the City Clerk/Treasurer. 1. Other entities participating in the cost of a municipal constuction project may be granting agencies, or local improvement district property owners or developers participating in the cost of a project. In the event any law, rule or regulation establishing a source of funds for a particular project prohibits, limits or excludes art and art works as a proper expenditure on the part of these entities, then the amount of funds frcm such source shall be excluded in computing the percentage amount of the "total estimated project cost". 2. All authorizations and/or appropriations for the above authorized nnnicipal construction projects shall, whenever legally permitted, include an amount equal to the percentage of the total estimated project cost, to be used for the selection, acquisition and/or installation of works of art to be placed in, on, or about appropriate City public facilities. Section 3. Other Sources of Funds or Public Art Works. A. Pursuant to other city ordinances providing for the establishment of Planned Unit DevelopPants within the zoning criteria, public art works or funds in lieu thereof, may be donated by private sources in satisfaction of such requirements to the extent permitted by law, at the sole discretion of the City. B. Public art works donated by private sources may remain the property of the donor or become public property, at the sole discretion of the City. If private owner- ship is retained, the private owner shall be responsible for maintenance, repair, and replacement of such public art works. Section 4. Arts Advisory Cc~nittee Established. A. An Arts Advisory Ccranittee is herewith established to carry out such other duties as are prescribed herein as to Public Art Works. B. Qualifications. The selection of Arts Advisory CuL~Httee members shall be made from individuals who have an interest in the arts as evidenced by knowledge, support, and experience. Members shall be selected without respect to political affiliations and shall serve without salary or cu~,pensation. C. Number of Member--Terms. The Arts Advisory Conm~ttee shall consist of 7 members each, who shall be appointed for a term of 4 years, provided that 3 of the initial 7 menbers shall serve for 2 years, in order to achieve staggered terms of office. All subsequent appointments shall be for 4 years, or for the duration of an unexpired term in the case of an appointment to a vacancy. No member shall serve more than 2 consecutive full terms of office. D. Meetings--Rules. The Arts Advisory Ccmnittee shall elect from its members a Chair and Vice-Chair. A majority of the committee shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. ~ne cum~ttee shall determine a regular meeting schedule (time, place, frequency), as necessary, but no less frequent than once every 2 months. All meetings shall be open to the public and notice of meeting shall cc~ply with the Washington Open Public Meetings Act, to the extent proceedings of the Cc~ttee are governed by such Act. The C~m,~ttee shall adopt such rules and regulations as are necessary for the conduct of its business. The rules and regulations shall be reviewed by the City Council and revised by the Council as may be required. The Cu~,~ttee shall keep minutes of its proceedings, which shall be a public record. E. Appointment. Members of the Arts ~visory Cc~mittee shall be appointed by the Mayor, subject to confirmation by the City Council. City residency is preferred, but not required, provided that a majority of the members shall reside within the City limits at their respective times of appointment; and, provided an appointed incumbent moving outside the City may continue membership until his term expires even if such a move allows the majority of the members to be non-City residents; and, provided further, a nonresident incumbent whose term has expired prior to that of a resident member who has relocated outside the City may be reappointed even if such reappointment allows the majority of the members to be non-City residents. F. Duties and responsibilities as to Public Art Works. 1. The con~aittee shall be an advisory body responsible for providing guidance and direction in meeting the arts and cultural needs of the City as defined herein. 2. When the City Council, at its sole discretion, decides to make a public art expenditure from funds in the Public Art Fund, the Arts Advisory CEnm~ittee will select a jury, consisting of at least 3 members to conduct an artist selection process. Following the selection of an artist, the Arts Advisory CEmnittee shall submit a proposal for the public art product to the Council. The City Council may accept the proposal as suk~itted or by majority vote may decide to hold a public hearing on the proposal. Following the public hearing, the City Council shall approve or disapprove the conm~ittee's proposal. If the City Council disapproves the selection the Council will so notify the Arts ~visory Cc~nlittee of that action and shall also direct the Arts ~visory Cu~c,~ttee to begin the process again. 3. It shall advise the Mayor and City Council on matters pertaining to cultural and artistic endeavors, projects, acquisition of funds, and expenditures in which the City becc~es involved and will act as a representative of the coFmunity in such matters. 4. It shall, on behalf of the City, encourage, sponsor, cosponsor, or conduct public programs to further the development and public awareness of arts° 5. It shall encourage donations, grants and other support to further expand the arts and cultural services and programs available to the citizens of Winslow and Bainbridge Island. 6. It shall take such other actions as the Mayor may direct fr~n time to time. Section 5. This ordinance shall be in full force and effect five (51 days after passage and publication as provided by law. A~.~FE~ST/A~ICATE: ALICE ~. TAWRESEY, Mayor ,-.-~- erl k Tr OFFICE OF THE CITY ATIORNEY ROBERT O. CONOLEY, Ci[y FILED WITH THE CITY CI.F. RK: January 13, 1989 PASSED BY THE CITY COUNCIL: January 19, 1989 PUBLICSHED: EFFECTIVE DATE: