ORD NO. 2019-12 UPDATING CHAPTER 3.80 BIMC TO PROVIDE CONSISTENT FUNDING TO PUBLIC ART SUBFUNDORDINANCE NO. 2019-12
AN ORDINANCE of the City of Bainbridge Island, Washington,
amending Chapter 3.80 of the Bainbridge Island Municipal Code
to provide for the appropriation of funds into the public art account
consistent with the City's adopted 2019-20 biannual budget.
WHEREAS, the City of Bainbridge Island has had a public art program for many years; and
WHEREAS, from time to time the funding approach to this program has changed, including
using a formula based on the value of capitalized projects; and
WHEREAS, the funding approach in use in prior years has resulted in variability in the
amount of funding from year to year; and
WHEREAS, stable and predictable funding supports planning for the Public Art Committee
and the City budget; and
WHEREAS, On November 27, 2018, the City Council approved Ordinance No. 2018-39,
adopting a final budget for the City for 2019 and 2020; and
WHEREAS, the adopted budget shows a specified amount for public art expenditures,
which is different than the funding approach currently codified Chapter 3.80 BIMC; and
WHEREAS, the City has completed work on the 2018 financial statements, thereby
calculating the amount for public art that was applicable when that budget was adopted.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The name of Chapter 3.80 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
Chapter 3.80
Public "ii4zWarks Artwork Program and Fund
Section 2. Section 3.80.020 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
3.80.020 Cultural r esPublic art subfund.
A. Creation. There is established in the city treasury a fund designated "the city of Bainbridge
Island public art account."
All funds authorized or appropriated pursuant to this chapter shall be deposited into and
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maintained in the public art account. Expenditures from the public art account shall be made at
the sole discretion of the city council, except as provided otherwise in this chapter.
The public art account 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; and
2. Construction, renovation., or remodel of any public park, building, parking facility., or
any portion thereof within the city limits.
"Project" for purposes of this section shall not include construction of sewer, water, or storm and
surface water management facilities.
C. Source of Funds.
1. ApRropriation of funds to the public art account shall occur as a set annual amount
decided and aimrooriated within the city budget process.
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be used fai- the S aeguisition -Ifldier-wor-ks,
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2. in eomptifing the afneaa4 to place in the publie w4 aeeount, the S
C-0 shall inelude aetual , Febiteetural and engineering fees,-
pfeieet ] site , .�allewanees,
of eity staff time spent on the prejeet, and any other- eapitalized amounts paid by the eily
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to thW paf4ies in eoftneetien with the project.
3. The x
finaneing, .
2-5. 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 c
councils d exon.
36. Fund transfers to the public art account will occur in the first quarter of any year for
which an appropriation has been made.s paFt o the an l year ZLllf 1 f _alweiai Process,
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pi!ohibits,
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D. Additional Consideration for Capital Facility Projects. As part of project planning and design
for new capital facility projects (for example buildings, parks, trails), city staff will identify
whether the proposed facility project is an appropriate facility to include public art elements.
These public art elements may be either integrated artist made building parts (AMBP) or
freestanding artwork. If the proposed facility project is identified as an appropriate facility to
include public art elements, the city council will determine during project design phases whether
to incorporate AMBP, or freestanding artwork, or both. At that time, the city council will also
determine the amount of expenditure for the project's public art elements, and whether the
proposed AMBP and/or freestanding artwork will be supported by funds from the public art
account, or by general city funds, or by some combination of funding sources.
E. Maintenance. A listing of existing public art -work is maintained by city staff. pfevided in
n,.,p,.,,,dix 1 City o-Baiabr-idge island Publie "rt Coale ti * The list shall be revised
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administratively from time to time as new public art projects are approved by the city and the
public art committee. All artwork in the city collection is designated as either freestanding; or as
an artist made building part (AMBP). These AMBPs become part of the facility in which they
are installed.
1. To the extent possible, routine maintenance of all artwork, both freestanding and
AMBP, will be completed by city staff without cost to the public art account.
2. When required, specialized services to maintain, restore, renovate, illuminate., or
relocate AMBP shall be supported with general city funds.
3. When required, specialized services to maintain, restore, renovate, illuminate., or
relocate freestanding artwork shall be supported with the public art account.
4. Periodically, the city may engage specialized services to review and assess the
condition and maintenance plan for the public art collection. The cost for this periodic
assessment shall be supported by the public art account.
F. Any funds placed in the public art account which are not spent shall be carried over
automatically from year to year.
designated ,
funds plaeed in the public at4 aeeount pur-saan4 to this ehapter- may be
transfer+ed to an arts
Section 3. Section 3.80.030 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
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3.80.030 Private sources of public a��orksartwork.
In the event that a private source proposes to donate artwork to the city, the Public
Works Director designated a,..,.. ey shall review the proposal and make recommendations to the
city council regarding the proposal. The city council, after consideration of the designated
ageney'-, recommendation, may (1) accept the a#work artwork as a gift to the city, (2) accept
the art -work artwork as a loan to the city, or (3) not accept the cH4 work artwork. If private
ownership in the aA work artwork is retained, the private owner shall be responsible for any
insurance for, and the maintenance, repair., and replacement of, the aerartwork.
Section 4. Section 3.80.040 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
3.80.040 Management.
The city's public ft works artwork program shall be managed as directed from time to time
by the city council. To the extent that any portion of the management is delegated to a private
entity, such management shall be in accordance with a written agreement approved by the city
council.
Section 5. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 14th day of May, 2019.
APPROVED by the Mayor this 14th day of May, 2019.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, C. , ity Clerk
FILED WITH THE CITY CLERK: April 19, 2019
PASSED BY THE CITY COUNCIL: May 14, 2019
PUBLISHED: May 17, 2019
EFFECTIVE DATE: May 22, 2019
ORDINANCE NUMBER: 2019-12
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