Loading...
ORD 96-48 CITY'S PUBLIC ART WORKSORDINANCE NO. 96-48 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the City's Public Art Works Program and fund; amending Bainbridge Island Municipal Code Section 3.80.040. WHEREAS, the City' s current code relating to the public art program can be interpreted as restricting public art strictly to new construction projects paid for wholly or in part by the City; and WHEREAS, the City has determined that it is desirable to consider all public properties within the City as potential sites for public art; and WHEREAS, the Bainbridge Island Arts and Humanities Council is the designated agency for defining public art for the community; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Section 3.80.010 of the Bainbridge Island Municipal Code is amended to read as follows: 3.80.010 Purpose and policy. Am It is the policy of the city to further the inclusion of art in public places in the city in order to better enhance the spirit and sensibilities of its citizens. 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". Public art shall not be inconsistent with the city's comprehensive plan goals and purposes, zoning and subdivision ordinances, and land uses contemplated therein. Public art consisting of natural materials and requiring little or no maintenance, and which are appropriate in size, color and configuration for their location, will be preferred. Whenever appropriate, public art by artists with local or regional emphasis and backgrounds will be given priority. Section 2. Section 3.80.020 of the Bainbridge Island Municipal Code is amended to read as follows: 3.80.020 Cultural resources subfund. 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 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, except as provided otherwise in this chapter or chapter 3.82. The cultural resources subfund shall be administered by the city's finance director. Definitions of Project. "Project" means all capital municipal construction or improvement projects or portions of projects, paid for wholly or in part by the city, including: 1. Construction, renovation, or renovation of any city street or sidewalk; Construction, renovation or remodel of any public park, building, parking facility or any portion thereof within the city limits; Construction of sewer or water facilities, or other utilities, except those projects which are completely underground; or The acquisition of equipment which becomes affixed to real property owned by the city. Source of Funds. For each project, the city council shall place in the public art 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 account pursuant to this chapter shall be funded from the city's current expense fund. In computing the amount to place in the public art 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 project costs of city staff time spent on the project. , In computing the amount to place in the public art account, the project's capitalized costs to the city shall not include any portion of the project's cost Section 3. 3.80.040 which is not funded by the city. The city's contributions to the public art account pursuant to this chapter may include developer art contributions if the contributions have been approved by the designated agency. In the event any law, rule or regulation establishing a source of funds for a project prohibits, limits or excludes art 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. 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 selection, acquisition, maintenance or installation of public art works. Any funds placed in the public art 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 account pursuant to this chapter may be transferred to an arts and humanities account in the cultural resources subfund. Section 3.80.040 of the Bainbridge Island Municipal Code is amended to read as follows: Designated agency. A, The Bainbridge Island Arts and Humanities Council, a nonprofit Washington corporation, is designated to carry out the duties set forth in this chapter relating to public art. The designated agency shall follow the guidelines for implementing public art projects adopted by the city council by resolution. B. Duties and Responsibilities as to Public Art. The designated agency shall review all municipal construction and improvement projects, as adopted by the city council, to determine which projects should be recommended to the city council to include public art, and to anticipate the source and amount of funds to be provided for public art. The designated agency may, with the permission of any affected public agency or entity, review any real property or building within the city to determine whether it should be recommended to the city council to include public art, if the real property or building is (a) owned or leased by the city or any other public agency or entity, or (b) owned by a non-profit corporation and operated by a public agency or 3 entity and the placement of art will be pursuant to an interlocal agreement between the city, the non-profit corporation, and the public agency or entity. a. For public art anticipated to cost less than $10,000, the designated agency shall submit a proposal, including a proposed site and budget, to the dcsignatcd city council committcc for approval of administrative funding for the proposal. The designated city council committee may approve thc cxpcnditurc which is authorized to approve expenditures of up to 30% of the estimated total project cost for such things as project o-f administrative funding for thc proposal and full project concept development. _(].)if the total cost of project administration plus full project concept development is anticipated to exceed 30% of the estimated total project cost, administrativc funding docs not cxcced 25 % of the estimated total project cost. Administrative funding in cxccss of 25 % of thc cstimatcd total project cost requires approval of the by-the full city council will be [equired. The designated agency shall keep the council committee informed with regular progress reports on the public art. The designated agency shall present the recommended public art concept to the city council for final funding approval. The city council may approve or disapprove the proposal as submitted, or 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. For public art anticipated to cost $10,000 or more, the designated agency shall submit a proposal, including a proposed site and budget, to the designated city council committee. The council committee shall present the proposal to the city council and request that the council approve administrativc funding for thc proposal the cost of project administration and/or full project concept development. The designated agency shall keep the council committee informed with regular progress reports on the public art. The designated agency shall present the recommended public art concept to the city council for final funding approval. The city council may approve or disapprove the proposal as submitted, or 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. For the purpose of this subsection. the term "full project concept development" means that the project is defined to the pojnt where the city council or members of the public can comprehend the project and be in a position to approve project completion. 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 4. Any acts made consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. Section 5. 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 7th day of November, 1996. APPROVED BY THE MAYOR this 8th day of November; 1996. ATTEST/AUTHENTICATE: JANET K. WEST, Mayor SUSAN P. KASPER, City Clerk APPROVED AS TO FORM: City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. October 31, 1996 November 7, 1996 November 13, 1996 November 18, 1996 96-48