ORD 93-35 CITY'S PUBLIC ART WORKSORDINANCE NO. 93-35
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the City's public art works account within the
cultural resources subfund; amending Section 3.80.020 of
the Bainbridge Island Municipal Code.
WHEREAS, BIMC 3.80.010 establishes the City's cultural resources subfund consisting
of two accounts, the public art works account and the arts and humanities account; and
WHEREAS, BIMC 3.80.020 currently directs the City to place an amount equal to one
percent of all funds expended by the City on authorized projects in the public art works account,
and authorizes the City to place an amount equal to one percent of all funds expended by the
City on permitted projects in the public art works account; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
place one percent of all capitalized costs to the City for all projects in the public art works
account, and to further clarify the calculation of the amount to be placed in the public art works
account; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, as follows:
Section 1. Section 3.80.020 of the Bainbridge Island Municipal Code is amended as
follows:
3.80.020 Cultural resources subfund.
A. Creation. There is established in the city treasury a fund designated the City of
Bainbridge Island cultural resources subfund. Two accounts shall be established
in the subfund: (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 subfund in separate
accounts established for that purpose. Expenditures from the cultural resources
subfund shall be made at the sole discretion of the city council. The cultural
resources subfund shall be administered by the city/clerk treasurer.
B. Definitions of project.
"Projects" means all capital municipal construction or improvement projects or
portions of projects, paid for wholly or in part by the city, including:
1. Construction, reconstruction, or renovation of any city street or sidewalk.
2. Construction, renovation, or remodel of any public park, building, parking
facility or any portion thereof within the city limits.
3. Construction of sewer or water facilities, or other utilities, except those
projects which are completely underground; or
4. The acquisition of equipment which becomes affixed to real property
owned by the city.
C. Source of funds.
1. For each project, the city council shall place in the public art works
account an amount equal to one percent of the project's capitalized costs
to the city regardless of whether the project is completed. The city's
contributions to the public art works account pursuant to this chapter shall
be funded from the city's current expense fund.
2. In computing the amount to place in the public art works account, the
project's capitalized costs to the city shall include:
a. All capitalized amounts paid by the city to third parties in
connection with the project, including but not limited to, amounts
paid on contracts relating to the project and consultant fees
incurred in connection with the project; and
b. All capitalized costs of city staff time spent on the project.
3. In computing the amount to place in the public art works account, the
project's capitalized costs to the city shall not include any portion of the
project's cost which is not funded by the city.
4. The city's contributions to the public art works account pursuant to this
chapter may include developer art works contributions if the contributions
have been approved by the designated agency.
D. All authorizations or appropriations for a project shall, to the extent
permitted by law, include the amount authorized by subsection 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 the public
all works to be placed in the city.
E. In the event any law, rule or regulation establishing a source of funds for a
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 subfund.
F. Funds authorized or appropriated pursuant to this chapter in connection with a
project, but not spent on that project, shall be placed in the cultural resources
subfund. If the transfer to the cultural resources subfund 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 selections, acquisition, maintenance or installation of public art works.
G. Any funds placed in the public art works account, which are not spent, shall be
carried over automatically from year to year. Upon the approval of the city
council and at the request of the designated agency, funds placed in the public art
works account pursuant to this chapter may be transferred to an arts and
humanities account in the cultural resources subfund.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 4th day of November, 1993.
APPROVED by the Mayor this 5th day of November, 1993.
SAM RANATO, Mayor
ATTEST/AUTHENTICATE:
USAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
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FILED WITH THE CITY CLERK: September 2, 1993
PASSED BY THE CITY COUNCIL: November 4, 1993
PUBLISHED: November 10, 1993
EFFECTIVE DATE: November 15, 1993
ORDINANCE NO.: 93-35
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