ORD 92-30 CULTURAL RESOURCES SUB-FUNDORDINANCE NO. 92-30
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the City's public art works program and Cultural Resources Sub-Fund;
repealing the City's Ordinance 89-02; and amending Chapter 3.80 of the
Bainbridge Island Municipal Code.
WHEREAS, by Ordinance 89-02 the City Council adopted a public arts work program
and established a Public Art Works Fund; and
WHEREAS, the City intends to designate the Balnbridge Island Arts and Humanities
Council as the official body of the City empowered to act on matters pertaining to the
development of the arts and humanities in the City, and to create a Cultural Resources Sub-Fund
with separate accounts; and
WHEREAS, the provisions of Ordinance 89-02 and the Bainbridge Island Municipal
Code relating to the public art works program and fund should reflect the designation of the
Bainbridge Island Arts and Humanities Council and the creation of the City' s Cultural Resources
Sub-Fund; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, as follows:
Section 1. Chapter 3.80 of the Bainbridge Island Municipal Code is amended as follows:
3.80.010 Purpose and policy.
Ae
It is the policy of the City to further the inclusion of art in the City's
public works. 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 has aesthetic value, and shall be called herein "public
art works".
Public art works shall not be inconsistent with the City's comprehensive
plan goals and purposes, zoning and subdivision ordinances, and land uses
contemplated therein.
Public art works consisting of natural materials and requiring litfie or no
maintenance, and which are appropriate in size, color and configuration
for their location, will be preferred.
Whenever appropriate, public art works by artists with local or regional
emphasis and backgrounds will be given priority·
3·80.020 Cultural Resources Sub-Fund·
Creation. There is established in the City treasury a fund designated the
City of Bainbridge Island Cultural Resources Sub-Fund. Two accounts
shall be established in the Sub-Fund: 1. a Public Art Works Account and
2. an Arts and Humanities Account. All funds authorized or appropriated
pursuant to this chapter shall be deposited into and maintained in the
Cultural Resources Sub-Fund in separate accounts established for that
purpose. Expenditures from the Public Art Works Account shall be made
at the sole discretion of the City Council. The Cultural Resources Sub-
Fund shall be administered by the City Clerk/Treasurer.
B. Definitions.
"Authorized projects" shall mean municipal construction or
improvement projects or portions of projects, paid for wholly or
in part by the City, for the construction of any new city street or
sidewalk, or for the construction, renovation or remodel of any
public park, building, parking facility or any portion thereof within
the City limits.
"Permitted projects" shall mean any of the following when paid for
wholly or in part by the City:
Municipal construction or improvement projects or
portions of projects paid for wholly or in part by
the City's water and sewer capital funds for sewer
and water facility construction;
Reconstruction, renovation or remodel of any
existing City street or sidewalk; or
General repairs, maintenance, demolition projects,
equipment costs, real estate acquisitions, or
underground utilities.
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C. Source of funds.
The City Council shall place in the Public Art Works Account an
amount equal to one percent of all funds expended by the City on
an authorized project, regardless of whether the authorized project
is completed.
The City Council may in its sole discretion place in the Public Art
Works Account an amount up to one percent of any funds
expended by the City on a permitted project, regardless of whether
the permitted project is completed.
In computing the amount to place in the Public Arts Works
Account, funds expertred by the City shall include all funds
actually paid by the City to third parties in connection with the
authorized or permitted project, including funds obtained from
grants and bond proceeds, to the extent permitted by law.
All authorizations or appropriations for an authorized project, and for a
permitted project when the City Council determines to place funds in the
cultural resources fund in connection with the project, shall to the extent
permitted by law include the amount authorized by paragraph C. of this
section, which amount shall be designated for use in the selection,
acquisition, maintenance or installation, including dedication costs not to
exceed $500.00 without prior approval of the City Council, of public art
works to be placed in the City.
In the event any law, rule or regulation establishing a source of funds for
an authorized or permitted project prohibits, limits or excludes art or art
works as a proper expenditure of funds on the part of any other entity
participating in the cost of the project, then the amount of funds acquired
from such source shall be limited or excluded to the extent required by
law in computing the amount to include in the authorization or
appropriation for the project and to place in the cultural resources sub-
fund.
Funds authorized or appropriated pursuant to this chapter in connection
with an authorized or permitted project, but not spent on that project, shall
be placed in the cultural resources sub-fund. If the transfer to the cultural
resources sub-fund is prohibited by law, funds authorized or appropriated
pursuant to this chapter as a part of one project shall be spent either on
that project, or for another project assigned to the fund or department
which is the source of the funds, whichever is permissible by law, for
selection, acquisition, maintenance or installation of public art works.
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Any funds placed in the Public Arts Works Account, which are not spent,
shall be carded over automatically from year to year. Upon the approval
of the City Council and at the request of the designated agency, funds
placed in an account in the Public Arts Works Account pursuant to this
chapter may be transferred to the Arts and Humanities Account in the
Cultural Resources Sub-Fund.
3.80.030 Private sources of public art works. In the event that a private source
proposes to donate art work to the City, the designated agency shall review the
proposal and make recommendations to the City Council regarding the proposal.
The City Council, after consideration of the designated agency' s recommendation,
may (1) accept the art work as a gift to the City, (2) accept the art work as a loan
to the City, or (3) not accept the art work. If private ownership in the art work
is retained, the private owner shall be responsible for any insurance for, and the
maintenance, repair and replacement of, the art work.
3.80.040 Designated agency.
The Bainbridge Island Arts and Humanities Council, a non-profit
Washington corporation, is designated to carry out the duties set forth in
this chapter relating to public art works.
B. Duties and responsibilities as to public art works.
The designated agency shall review all municipal construction and
improvement projects, as adopted by the City Council, to
determine which projects should include public art work, and to
anticipate the source and amount of funds to be provided for public
art work. If the designated agency determines that the inclusion
of public art work in a particular project is not appropriate, the
funds allocated for public art work pursuant to this chapter shall
be treated in accordance with Section 3.80.020.
When the City Council, at its sole discretion, determines to make
an expenditure from funds in the cultural resources sub-fund, the
designated agency shall select an artist pursuant to an established
artist selection process. Following the selection of an artist, the
designated agency shall submit a proposal for the public art work
to the Mayor for presentation to the City Council. The City
Council may approve the proposal as submitted or by majority
vote may determine to hold a public hearing on the proposal.
Following the public hearing, if any, the City Council shall
approve or disapprove the proposal. If the City Council
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agency of the disapproval and shall direct the designated agency to
repeat the artist selection process or to select an artist from
finalists in the original artist selection process.
The designated agency 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 becomes
involved and shall act as the representative of the community in
such matters.
Section 2. Repealer. Ordinance 89-02, and all other ordinances or parts of ordinances
in conflict with the provisions of this ordinance, are repealed.
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
ATTEST/AUTHENTICATE:
Ralph Eells, Clerk-Treasurer
17th day of December
,1992.
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: December 23, 1992
POSTED: December 23, 1992
EFFECTIVE DATE: December
ORDINANCE NO.: c},,~ _ ,..2, ~
October 15, 1992
December 17, 1992
1992
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