ORD 96-23 CITY'S PUBLIC ART WORKS PROGRAMORDINANCE NO. 96-23
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to the City' s Public Art Works
Program and fund; amending Sections 3.80.010,
3.80.020, and 3°80,040 of the Bainbridge Island
Municipal Code o
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.
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 requiting 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;
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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 shah include:
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
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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.
F,
Any funds placed in the public art 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 the public art account pursuant to this chapter may be
transferred to an arts and humanities account in the cultural resources subfund.
Section 3. Section 3.80.040 of the Bainbridge Island Municipal Code is amended to read as follows:
3.80.040 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
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.
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
designated city council committee for approval of administrative funding
for the proposal. The designated city council committee may approve the
expenditure of administrative funding for the proposal if the administrative
funding does not exceed 25% of the estimated total project cost.
Administrative funding in excess of 25 % of the estimated total project cost
requires approval by the city council. 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
administrative funding for the proposal. 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 f'mal 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.
The designated agency shah 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 confu-me~i.
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.
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PASSED BY THE CITY COUNCIL this 18th day of July, 1996.
APPROVED BY THE MAYOR this 19th day of July, 1996.
ATTEST/AUTHENTICATE:
JANET K. WEST, Mayor
.': !,,.~ k//-t-.~/,x 4./ '
S~KAiPER, City Clerk
APPROVED AS TO FORM:
City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
July 17, 1996
July 18, 1996
July 24, 1996
July 29, 1996
96-23