Chapter 4.92


4.92.010    Purpose.

4.92.020    Definitions.

4.92.030    One percent for art program established.

4.92.040    Procedure.

4.92.050    Exemptions.

4.92.010 Purpose.

Establish a program requiring one percent of eligible capital improvement project costs be spent on integrating artwork into capital projects to increase the amount of artwork in the public realm. [Ord. 2015-05-017].

4.92.020 Definitions.

A. “Artwork” has the same meaning as “work of art” as defined in BMC 2.36.050(B), and specifically includes ornamentation integrated into the various elements of a capital improvement project as well as distinct, independent artwork located in the vicinity of the capital improvement project.

B. “Capital improvement projects” means projects adopted in the city’s capital improvement plan.

C. “Eligible cost” is the cost of any capital improvement project, including, without limitation, all construction costs, architectural and engineering fees and site work expenses.

Eligible cost excludes: site remediation and/or restoration costs; funds which are explicitly ineligible to be used in conjunction with public art fund programs; budgeted costs of real property acquisition, demolition and financing; and/or Washington State sales tax.

D. “Eligible expenses” for artwork include, but are not limited to:

1. Artist or design fees;

2. Labor, materials, and transportation required for production, installation, and display of artwork;

3. Travel related to the production of the artwork;

4. Permit or certificate fees;

5. Plaques to identify the artwork; and/or

6. Ongoing maintenance cost of the artwork.

E. “Maintenance” is the periodic work on artwork required to maintain its original functionality or appearance. [Ord. 2015-05-017].

4.92.030 One percent for art program established.

This hereby establishes a percent for art program.

The one percent for art program requires that one percent of eligible costs of capital improvement projects exceeding $2,000,000 be allocated for artwork. Funds shall be used for eligible expenses. Unspent funds designated under this program may be utilized for additional artwork or maintenance of artwork in the city’s public artwork collection. [Ord. 2015-05-017].

4.92.040 Procedure.

A. The department head responsible for BAC oversight shall work with the department head responsible for the capital improvement project(s) to identify capital improvement projects subject to this chapter and eligible costs associated with such capital improvement projects.

B. The department head responsible for capital improvement project(s) will notify the assigned project manager of the requirements of this chapter.

C. The assigned project manager shall work with BAC staff regarding the integration of artwork into the capital improvement project, following adopted policies and procedures. [Ord. 2015-05-017].

4.92.050 Exemptions.1

Capital improvement projects meeting the following criteria are exempt from this chapter:

A. The capital improvement project cost is less than $2,000,000; or

B. The capital improvement project is completely underground (e.g., water and sewer mains) and/or is not visible from the right-of-way, street, park, or other public space; or

C. The capital improvement project consists of routine maintenance or repair; or

D. The capital improvement project is legally restricted from inclusion in this program; or

E. The capital improvement project is deemed by the city attorney to fall outside of the intent of this chapter. [Ord. 2015-05-017].


    Code reviser’s note: Ord. 2015-05-017 adds these provisions as Section 4.92.040. We have renumbered the section to prevent duplication of numbering.