ORD 92-31 BI ARTS AND HUMANITIES COUNCILORDINANCE NO. 92-31
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the Bainbridge Island Arts and Humanities Council and establishing the
Arts and Humanities Account; adding a new chapter to Title 2 of the
Bainbridge Island Municipal Code; and adding a new chapter to Title 3 of
the Bainbridge Island Municipal Code.
WHEREAS, the City Council of the City of Bainbridge Island, Washington finds that it
is in the best interest of the citizens of the City to promote and facilitate the development and
enrichment of the arts and humanities within the City; and
WHEREAS, the citizens of Bainbridge Island, and institutions and individuals devoted
to the arts and humanities are contributing to and providing cultural, educational, entertainment
and aesthetic benefits to and for the use of citizens of the City through the Balnbridge Island
Arts and Humanities Council; and
WHEREAS, the Bainbridge Island Arts and Humanities Council is a legally constituted
non-profit corporation of the State of Washington whose principal purpose is to provide
planning, financial support, services and development for organizations and individuals engaged
in the arts and humanities in the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
Section 1. There is added to Title 2 of the Bainbridge Island Municipal Code a new
chapter entitled "Arts and Humanities Council" to read as follows:
2.42,010 Designation of Arts and Humanities Council. The Bainbridge Island
Arts and Humanities Council, a non-profit Washington corporation, is designated
by the City Council as the official body of the City empowered to act on all
matters pertaining to the development and enrichment of the arts and humanities
within the City consistent with the provisions of this chapter.
2.42,020 Duties and responsibilities. As the City's designated agency,
Bainbridge Island Arts and Humanities Council shall:
Serve as the primary voice for the arts and humanities within the City and
as the principal advisory board to the Mayor and City Council, fostering
a high level of quality, creativity and diversity in the arts and humanities
and advocating for inclusion of aesthetic considerations in local decision-
making that may have cultural implications;
Provide a public forum for discussion of issues and ideas affecting the arts
and humanities in the City, serve as a point of contact for information
about the arts and humanities in the City, and arrange for or provide
technical, managerial and planning assistance to organizations and
individuals engaged in the arts and humanities;
C,
Prepare a plan for the arts and humanities within the City which is
consistent with and may be approved for inclusion in the City's
comprehensive plan;
Initiate, sponsor or conduct, alone or in cooperation with other public or
private agencies, public programs to further the development and public
awareness of interest in the arts and humanities;
Serve as the designated agency for carrying out duties associated with the
public art works programs and fund in accordance with Chapter 3.80
BIMC;
Encourage grants and donations to the Bainbridge Island Arts and
Humanities Account, and make recommendations to the City Council
regarding expenditures from the account;
Submit a quarterly financial statement to the City Council detailing the use
of the funds received from the Bainbridge Island Arts and Humanities
Account;
Maintain complete records of all transactions, and give the City Council,
through any authorized representatives, access to and the right to examine
all records, books, papers or documents, regarding all operations funded
in whole or in part by funds from the Bainbridge Island Arts and
Humanities Account;
Submit to the City annually, in a form acceptable to the City, a written
report on the status of the activities, programs and projects funded through
the use of Bainbridge Island Arts and Humanities Account;
B:COBI\000133 DECEMBER 15, 1992
At the discretion of the City Council, provide the City Council with a
copy of a financial report regarding all operations funded in whole or in
part by funds from the Bainbridge Island Arts and Humanities Account.
The report shall be prepared in conformity with generally accepted
accounting and reporting principles, and shall be audited by an
independent auditor in conformity with generally accepted auditing
standards established by the American Institute of Certified Public
Accountants;
Establish safeguards to prohibit its employees, board members, advisors
and agents from using their position for a purpose that is, or gives the
appearance of being, motivated by a desire for private gain for themselves
or others, particula~y others with a family, business or other connection
to the employee, board member, advisor or agent. Immediately upon
discovery of any conflict of interest or potential conflict of interest as
described above, the designated agency shall disclose the conflict or
potential conflict to the City Council;
Adopt such rules and regulations as are necessary for the conduct of its
business as the City's designated agency. The rules and regulations shall
be reviewed by the Mayor and the City Council and shall be revised as
may be required. The designated agency shall keep minutes of its
proceedings relating to its duties as the City's designated agency which
shall be a public record; and
Nothing in Title 2 or Title 3 of this Code shall (1) prevent, restrict or
limit the designated agency from engaging in any legal activity, decision
or expenditure that does not involve funds from the Bainbridge Island Arts
and Humanities Account or (2) require any reporting or accountability to
the City or its agencies for any legal activity, decision or expenditure of
the designated agency that does not involve funds from the Bainbridge
Island Arts and Humanities Account, unless otherwise required by state
statute or municipal ordinance. The City and its agencies shall not
possess or exercise any oversight or control over any legal activities,
decisions or expenditures of the designated agency other than those
activities that involve the Bainbridge Island Arts and Humanities Account,
the activities, decisions or expenditures of the designated agency acting in
its capacity as designated agency of the City, or as provided for in state
law or municipal ordinance.
B:COBB000133 DECEMBER 15, 1992
Section 2. There is added to Title 3 of the Bainbridge Island Municipal Code a new
chapter entitled "Bainbridge Island Arts and Humanities Account" to read as follows:
3.84.010 Definitions.
"Designated agency" means the Bainbridge Island Arts and Humanities
Council.
"Arts" shall include the production or arrangement of sounds, colors,
forms, movements or other elements in a manner that enhances the sense
of beauty and has aesthetic value.
"Humanities" means the study of history, literature, philosophy,
archeology, modern and classical languages, jurisprudence, ethics,
comparative religion, cultural anthropology, history and criticism of the
arts, linguistics, and those aspects of the social and natural sciences that
are historical or philosophical in approach. It embodies a critical
examination of all areas of human interest, improving the quality and
depth of public discourse, and cultivating a reflective and informed life for
citizens of all segments of society.
"Administrative expenses" mean those expenses incurred by the designated
agency in carrying out the duties and responsibilities indicated in 2.42.020
of this Chapter. Administrative expenses incidental to a program or
project funded by or through the designated agency shall be considered as
program / project costs and are not considered administrative expenses
with reference to 3.84.040 of this Chapter.
3.84.020 Establishment of Bainbridge Island Arts and Humanities Account. All
public and private funds authorized, appropriated, or received by the City for the
arts and humanities, pursuant to BIMC 3.84.030 shall be maintained in a separate
account within the City's Cultural Resources Sub-Fund designated the "Bainbridge
Island Arts and Humanities Account". The Mayor and the City Council Finance
Committee, shall approve all expenditures from the Bainbridge Island Arts and
Humanities Account upon the advice and recommendation of the designated
agency.
3.84.030 Sources of funds.
An amount not less than $24,000 shall be placed in the Bainbridge Island
Arts and Humanities Account in each of the fiscal years 1993, 1994 and
1995. Thereafter the Arts and Humanities Council shall receive regular
funding from each year's annual appropriated budgets.
B:COBIX000133 DECEMBER 15, 1992
All funds received by the City as rent for use of the Bainbridge Island
Performing Arts Center, pursuant to Paragraph 7.1 of the Ground Lease
for the Performing Arts Center, shall be placed in the Bainbridge Island
Arts and Humanities Account.
The designated agency is authorized to solicit and receive on behalf of the
City public and private funds to promote local activities, programs and
projects in the arts and humanities. Funds from the Bainbridge Island
Arts and Humanities Account may be utilized as the City's local share to
acquire matching or grant funds for the arts and humanities.
3.84.040 Administrative expenses. No more than fifteen percent of the funds in
the Bainbridge Arts and Humanities Account may be used for the designated
agency's administrative expenses; provided, that if an audit or other
administrative expense required by the City results in the designated agency's
administration expenses exceeding fifteen percent of the funds in the Bainbridge
Island Arts and Humanities Account, then the City Council may approve the
designated agency's use of more than fifteen percent of funds in the account for
the designated agency's administrative expenses.
3.84,050 Balance between arts and humanities. The designated agency shall
allocate funds received from the Bainbridge Island Arts and Humanities Account
to activities, programs and projects in a manner which ensures a reasonable
balance between the arts and humanities.
3.84.060 Authority to publish information. The City shall have the unrestricted
authority to publish, disclose, distribute and otherwise use, in whole or in part,
any reports, data, materials or other information prepared with or in connection
with funds from the Bainbridge Island Arts and Humanities Account.
B:COBIX000133 DECEMBER 15, 1992
Section 3. This ordinance shall take effect and be in force on January 1, 1993.
PASSED by the City Council this 17th day of December ,1992.
APPROVED by the Mayor this 17th day of December , 1992.
ATTES T/AUTHENTIC ATE:
~/-
Ralph Eells, Clerk-Treasurer
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: October 15, 1992
PASSED BY THE CITY COUNCIL: December 17, 1992
PUBLISHED: December 23, 1992
POSTED: December 23, 1992
EFFECTIVE DATE: December ;>8, 1992
ORDINANCE NO.: ~,,2 - 3 J
B:COBI\000133 DECEMBER 15, 1992