Chapter 3.50
PUBLIC ART FUND

Sections:

3.50.010    One Percent for the Arts program – Established.

3.50.020    Established.

3.50.030    Definitions.

3.50.040    Deposits.

3.50.050    Method of calculation of total construction or remodeling project cost.

3.50.060    General obligation bond proceeds.

3.50.070    Uses.

3.50.010 One Percent for the Arts program – Established.

There is hereby established the One Percent for the Arts program to set aside one percent of the funds to be expended on public projects within the City for the funding of art for public places. [Ord. 01-0115 § 1.]

3.50.020 Established.

There is hereby established in the City treasury a subfund of the capital projects fund to be known and designated as the “public art fund” for the purpose of providing funds for One Percent for the Arts projects. [Ord. 01-0115 § 2.]

3.50.030 Definitions.

As used in connection with the public art fund and the One Percent for the Arts program, the following terms have the meanings set forth below:

A. “Acquisition of real property” means the purchase of parcels of land or existing buildings and structures, including associated costs such as appraisals or negotiations.

B. “Art in public places” means any expression by an artist of visual works of art available to the public in areas designated as public areas within any City-owned facility, or on non-City-owned property if the work of art is installed or financed, either in whole or in part, by the City.

C. “Demolition costs” means the cost of removing buildings or other structures from the property.

D. “Equipment” means equipment or furnishings that are portable.

E. “Qualifying capital improvement project” means projects funded wholly or in part by the City at a cost exceeding $10,000 for the construction or remodel of any public buildings, decorative or commemorative structures, parks or any portion thereof; and projects involving the construction, renovation or repair of public streets, sidewalks, parking facilities, and water, sewer and storm drainage improvements. [Ord. 01-0115 § 3.]

3.50.040 Deposits.

All authorizations and/or appropriations for qualifying capital improvement projects shall include an amount of not less than one percent of the total project cost to be set aside for transfer to the public art fund. [Ord. 01-0115 § 4.]

3.50.050 Method of calculation of total construction or remodeling project cost.

For qualifying capital improvement projects, the minimum amount to be appropriated for art in public places shall be the total amount of the awarded construction contract as originally approved by the city council or as subsequently amended multiplied by one percent; provided, however, that any City-funded amount for the acquisition of real property or equipment or for demolition shall be excluded for the purposes of this calculation. [Ord. 01-0115 § 5.]

3.50.060 General obligation bond proceeds.

In the case of a City project which involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and for capital purposes consistent with the authorizing resolution or ordinance approved by the city council. [Ord. 01-0115 § 6.]

3.50.070 Uses.

A. The appropriations from qualifying capital improvement projects shall be pooled into the public art fund. From time to time, the city council shall select an ad hoc committee that will make recommendations for use of the one percent deposit. The city council shall review the procedures and art selection criteria established by that committee, and the city council shall approve all expenditures for One Percent for the Arts projects. These funds shall be used for:

1. Selection, acquisition, and installation or display of original works of visual art, including works of art on loan to the City or temporarily displayed at public facilities, which may be an integral part of the project, or be placed in, on or about the project or in another public facility;

2. Repairs and maintenance of public art acquired with art in public places funds;

3. Funding for performing arts events to occur in, on or about a public facility; and

4. Other project-specific expenses of selection and acquisition of public art; provided, that no part of the funds shall be used to pay administrative staffing expenses of the program.

B. Any unexpended funds which remain in the public art fund at the end of any budget year shall not be transferred to the general fund or otherwise lapse, but said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in this section, unless otherwise directed by the city council. [Ord. 01-0115 § 7.]