ORD 2010-39 RELATING TO FUNDING OF PUBLIC ART
A-~1 I~~INAI~~ of the pity of Bainbridge Island, Washington, relating
to funding ~~ public art; mending section 3.50,00 of the Bainbridge
Island Municipal bode ~BIIVI~ to perrriit suspension of city contributions
to the public art account.
H~EA, the pity has established ~. public art account far the purpose of
furthering the inclusion of art in public places in the city; and
HERD A, frorrr t~rne to tune the pity is presented by circurnstances in which
the prudent management ~~ City financial prl0rltl~s or other ~1g171f~Cant public interests
ou~ld best ~~ served ~~ ~uspending city contl'lbutlol~~ to the public art account.
~~ THERE~'~RE, ~H ~T~ ~UI~IL ~~` THE ITS ~~'
B~INRID~ Y~AN~D, AHINT~I~, ~l~~ I~RI~AI A ~`0~~~];
Section ~. section 3.SO,o~O of the Bainbridge Island I~Iunl~lpa~ bode ~s hereby a1~l~nded
to read as follows:
3.50.0~D cultural resources subfund.
A, creation. There is established in tine city treasury ~. fund designated the
city of Bainbridge Island cultural resources subfund, Two accounts shall
be established in the subfund:
l . ~ public art account;
~, ~n arts and humanities account and
~, The city's finance director shall create ~ third account In the C1ty of
Bainbridge Island cultural resources subfund, This account shall be for the
rrlaintenance, restoration, renovation, i~~umination or relocation of existing
works of public art in the city's collection, This account shall be funded by
taking a maxi~nu~n of 1 ~ percent of all nevi funds added to the public art
account each year, starting with the contribution recorded in ~OOO for
capital irr~~rove~nents corr~pieted in 1 ~9,
a~ ~ubl~c a~"t Comn]1slon that ~~'~ Artlt-ll~ade building Parts ABP}
shall not ~~ rnalntalned, restored, renovated, illuminated or relocated with
funds from this new account. These ABP become part of the facility in
VVhlch they are 1r~~talled arld are to ~~ rnalnta~ned, restored, renovated,
iliurr~inated or relocated v~ithin general city funds. X11 new public art
arks shall be designated as either A11~BP or not. A listing ~~ eistln
public a~~ orl~ indicating AIVIBP designation is p~•ovided in 1~ppendi I,
pity of Bainbridge island Public Art collection. The list shall be re~vlsed
adrninistrati~ely f ram tune to tima ~~ r~e~v public art bra j Safi era a~pra~~d
by the city and t1~e public arts carr~mittce~
b. Th1s ne~v public art maintenance account 1s not intended to be used for
everyday cleaning or polishing of public art ~vorksF This everyday
maintenance is to be paid far by the facility where the piece is located,
X11 funds authorized or appropriated pursuant to this chapter shall be
deposited into and maintained in the cultural resources subfund in separate
accounts established far that purposer ~penditures frorr~ the cultural
resources subfund shall be made at the sale discretion of the city couricii,
except as provided otherwise in this chapter ar Chapter 3.8~ ~~l~I, The
cultural resources subfund shall be adrriinistered by the city's finance
director.
B, Definitions of Project. "Pxa j ect" rr~eans .ll capital n~u~lclpal
construction or in~pra~ernent projects ai' pardons of projects, paid fox
pally or in part by the city, including:
~ , anstruction ar reno~atian of any city street or sidewalk;
~~ Construction, i'eno~ation or remodel of any public park, building,
~}a~'lCf ng f~C111ty ar ~' portion thereof ithln the city lirnlts; .
~, onstructlon ~~ sewer ax water faClllti~s, or other utilities, e~Cept those
pia j ects hicla are can~pletely underground; a~~
~. The acquisition Df equlpinent whirl] becomes affled to real p~'Qp~rty
awned by the city.
r ti-J~~r~+~ a~ ~4S~~F
1, Far each praj ect, the city council shall place in the public art account an
amount equal to tiro percent of the project's capitalized casts to the city
regardless of whether the pra~ect is completed, The city's contributions to
the public art account pursuant to this chapter shall be funded from the
city's current expense general Fund.
~. ~n computing the amount to place ~n the puhllc art account, the project's
capitalized costs to the city shall include,
~. All capitalized anriaunts paid ~]~ ~]~ city to third ~artl~s 1n connection
'~vltll the prod ect lnclud~ng, bUt not lirr~ited t~, amounts paid an contracts
relating to the project and consultant fees incurred in connection with the
project; and
b. All capitalized pro j eet eot~ of eit~ staff time ~~ent ors the prod ect.
~. ~n 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 which is not funded by the city.
4, The city's contributions to the publle a~ account pursuant to this
chapter may include developer art contributions if the contributions have
been appra~ed by the designated agency,
~. in the event any la~v, rule or regulation establishing ~. source of funds
for a pra~ect prohibits, limits or excludes art as a proper expenditure of
funds on the part Of any other entity particlpat~ng In the CQt of the prod ect,
than the amount of funds acquired from such source shall be limited or
excluded to the extent required by lair in computing the aiour~t to include
in the autharizatiai~ or appropriation for the project and to place in the
cultural resources subfund.
. Funds authorized or appropriated pursuant to this chapter in connection
Frith a praj ect, but not spent an that pro j ecty shall be placed zn the cultural
resources subfund, if the transfer to the cultural resources subfund is
prohibited by lam, funds authorized ar appropriated pursuant to this
chapter as a part of one pxoj ect shall be spent either on that pro j eet, ar far
another project assigned to the fund Oi' department which is the source of
the funds, ~vhiche~er is permissible by lair, for selection, acquisition,
i~naintenance or installation of publle art ~rorl~s.
F, Any funds placed in the public art account, which are not spent, shall be
carried over automatically from year to year, upon the appra~al 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
~.nd humanities account in the cultural resources subfund,
fir. hene~er it determines that the prudent management of city financial
riorities or other si n~ficant ublic interest auld be served the cit
c~unc~l__ may, b~ inatian at a city council meting, suspend city
cont~~ibutions to the public art account,
section ~. This ordinance shall tale effect and be in farce fire ~~} days from its passage,
approval, and publication a required by lave,
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~~~I~ ~~ T~~ CITY ~IIL this ~ ~t" ~~.~ ofNa~e~er, ~o ~ a,
APPR~EI~ BY T~~ 1VIAY~I~ t1~i 17~~ dad a~` Naverrzbe~•, ~0 I ~,
r-J .~..
Bob Scales, Mayar
ATT~T~UTHENT~~7'~;
7'4f • r 1vVf~~~
Ra~~l~n ~, L~a~~, ~t~ ~~rk
~~~~~ 'IT~I T~ IT C~~~~ ~ctab~~• ~ , ~~ 1 a
PAS BY TI~~ ~T~ ~UNII~: Na~em~ax 1 ~, a ~ a
P~BI,I~~1~; ~a~rember ~~ ~a ~ a
~~~TIV~ .ATE; Dearr~ber 1, 2aI0
~R.DYNAE N~~~~ 201~~~
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