ORD 2008-01 PUBLIC ARTORDINANCE NO. 2008-01
AN ORDINANCE of the City of Bainbridge Island,
Washington, increasing the City's allocation amount to
the Public Art Works Program and Fund and amending
Section 3.80.020 of Chapter 3.80 of the Bainbridge
Island Municipal Code.
WHEREAS, the City of Bainbridge has adopted a Public Arts Works Program; and
WHEREAS, the Bainbridge Island Arts & Humanities Council (BIAHC) is tasked to act
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
WHEREAS, the City has established a Public Arts Committee (PAC) to work
cooperatively with the BIAHC on matters concerning Art in the Community; and
WHEREAS, the Community Resource Committee of the City Council has recommended
an increase in the annual amount of funding necessary to further the work of the PAC; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.80.020 of Chapter 3.80 of the Bainbridge Island Municipal Code is
hereby amended to read 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 account;
2. An arts and humanities account; and
3. The city's finance director shall create a third account in the city of
Bainbridge Island cultural resources subfund. This account shall be for the
maintenance, restoration, renovation, illumination or relocation of existing
works of public art in the city's collection. This account shall be funded by
taking a maximum of 10 percent of all new funds added to the public art
account each year, starting with the contribution recorded in 2000 for capital
improvements completed in 1999.
a. Public art commissions that are Artist -Made Building Parts
(AMBP) shall not be maintained, restored, renovated, illuminated or relocated
with funds from this new account. These AMBP become part of the facility in
which they are installed and are to be maintained, restored, renovated,
illuminated or relocated within general city funds. All new public art works
shall be designated as either AMBP or not. A listing of existing public art
work indicating AMBP designation is provided in Appendix 1, City of
Bainbridge Island Public Art Collection.* The list shall be revised
administratively from time to time as new public art projects are approved by
the city and the public arts committee.
b. This new public art maintenance account is not intended to be
used for everyday cleaning or polishing of public art works. This everyday
maintenance is to be paid for by the facility where the piece is located.
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 BIMC. The
cultural resources subfund shall be administered by the city's finance director.
B. 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 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
account an amount equal to ene-two 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 General fund.
2. 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.
3. 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 which is not funded by the city.
4. 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.
D. 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.
E. 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 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 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 3. This ordinance shall take effect and be in force five (5) days after its
passage, approval and publication as provided by law.
PASSED by the City Council this 13"' day of February, 2008.
APPROVED by the Mayor this 26`x' day of February, 2008.
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff,CCM�rk
FILED WITH THE CITY CLERK:
January 2, 2008
PASSED BY THE CITY COUNCIL:
February 13, 2008
PUBLISHED:
March 1, 2008
EFFECTIVE DATE:
March 6, 2008
ORDINANCE NO:
2008-01