Chapter 3.80
PUBLIC ART WORKS PROGRAM AND FUND

Sections:

3.80.010    Purpose and policy.

3.80.020    Cultural resources subfund.

3.80.030    Private sources of public art works.

3.80.040    Management.

3.80.010 Purpose and policy.

A. 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.”

B. Public art shall not be inconsistent with the city’s comprehensive plan goals and purposes, zoning and subdivision ordinances, and land uses contemplated therein.

C. 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.

D. Whenever appropriate, public art by artists with local or regional emphasis and backgrounds will be given priority. (Ord. 96-48 § 1, 1996; Ord. 96-23 § 1, 1996; Ord. 92-30 § 1, 1992)

3.80.020 Cultural resources 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 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. All authorizations and/or appropriations for capital municipal construction projects shall, whenever legally permitted, include an amount equal to two percent of the total capitalized project cost, to be used for the selection, acquisition and/or installation of works of art to be placed in, on, or about appropriate city public facilities.

2. In computing the amount to place in the public art account, the project’s capitalized costs to the city shall include actual construction costs, architectural and engineering fees, project administration, site preparation, contingency allowances, capitalized project costs of city staff time spent on the project, and any other capitalized amounts paid by the city to third parties in connection with the project.

3. The project’s capitalized costs shall not include land or right-of-way acquisition, financing, furnishings, fixtures or equipment.

4. 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.

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 designated agency.

6. Fund transfers to the public art account will occur as part of the annual year-end financial process, after project close-out.

7. 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.

D. Additional Consideration for Capital Facility Projects. As part of project planning and design for new capital facility projects (for example buildings, parks, trails), the 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 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 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. 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.

G. Whenever it determines that the prudent management of city financial priorities or other significant public interest would be served, the city council may, by motion at a city council meeting, suspend city contributions to the public art account. (Ord. 2015-15 § 1, 2015: Ord. 2010-39 § 1, 2010: Ord. 2008-01 § 1, 2008: Ord. 2000-09 § 1, 2000; Ord. 96-48 § 2, 1996; Ord. 96-23 § 2, 1996; Ord. 93-35 § 1, 1993; Ord. 92-30 § 1, 1992)

*    Code reviser’s note: A copy of Appendix 1 is attached to Ordinance 2000-09, available in the office of the city clerk.

3.80.030 Private sources of public art works.

In the event that a private source proposes to donate art work to the city, the designated agency shall review the proposal and make recommendations to the city council regarding the proposal. The city council, after consideration of the designated agency’s recommendation, may (1) accept the art work as a gift to the city, (2) accept the art work as a loan to the city, or (3) not accept the art work. If private ownership in the art work is retained, the private owner shall be responsible for any insurance for, and the maintenance, repair and replacement of, the art work. (Ord. 92-30 § 1, 1992)

3.80.040 Management.

A. The city’s public art works 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. (Ord. 2017-02 § 14, 2017: Ord. 2009-21 § 24, 2009: Ord. 96-48 § 3, 1996; Ord. 96-23 § 3, 1996; Ord. 92-30 § 1, 1992)