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    Designated agency.

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 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 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.

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. 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 Designated agency.

A. The Bainbridge Island Arts and Humanities Council, a nonprofit Washington corporation, is designated to carry out the duties set forth in this chapter relating to public art. The designated agency shall follow the guidelines for implementing public art projects adopted by the city council by resolution.

B. Duties and Responsibilities as to Public Art.

1. The designated agency shall review all municipal construction and improvement projects, as adopted by the city council, to determine which projects should be recommended to the city council to include public art, and to anticipate the source and amount of funds to be provided for public art. The designated agency may, with the permission of any affected public agency or entity, review any real property or building within the city to determine whether it should be recommended to the city council to include public art, if the real property or building is (a) owned or leased by the city or any other public agency or entity, or (b) owned by a nonprofit corporation and operated by a public agency or entity and the placement of art will be pursuant to an interlocal agreement between the city, the nonprofit corporation, and the public agency or entity.

a. For public art anticipated to cost less than $10,000, the designated agency shall submit a proposal, including a proposed site and budget, to the designated city council committee which is authorized to approve expenditures of up to 30 percent of the estimated total project cost for such things as project administrative funding and full project concept development. If the total cost of project administration plus full project concept development is anticipated to exceed 30 percent of the estimated total project cost, approval of the full city council will be required. The designated agency shall keep the council committee informed with regular progress reports on the public art. The designated agency shall present the recommended public art concept to the city council for final funding approval. The city council may approve or disapprove the proposal as submitted, or may determine to hold a public hearing on the proposal. Following the public hearing, if any, the city council shall approve or disapprove the proposal.

b. For public art anticipated to cost $10,000 or more, the designated agency shall submit a proposal, including a proposed site and budget, to the designated city council committee. The council committee shall present the proposal to the city council and request that the council approve the cost of project administration and/or full project concept development. The designated agency shall keep the council committee informed with regular progress reports on the public art. The designated agency shall present the recommended public art concept to the city council for final funding approval. The city council may approve or disapprove the proposal as submitted, or may determine to hold a public hearing on the proposal. Following the public hearing, if any, the city council shall approve or disapprove the proposal.

For the purpose of this subsection, the term “full project concept development” means that the project is defined to the point where the city council or members of the public can comprehend the project and be in a position to approve the project completion.

2. The designated agency shall advise the city manager and city council on matters pertaining to cultural and artistic endeavors, projects, acquisition of funds, and expenditures in which the city becomes involved and shall act as the representative of the community in such matters. (Ord. 2009-21 § 24, 2009: Ord. 96-48 § 3, 1996; Ord. 96-23 § 3, 1996; Ord. 92-30 § 1, 1992)