Chapter 3.80
PUBLIC ARTWORK PROGRAM AND FUND

Sections:

3.80.010    Purpose and policy.

3.80.020    Public art subfund.

3.80.030    Private sources of public artwork.

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 Public 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 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. Appropriation of funds to the public art account shall occur as a set annual amount decided and appropriated within the city budget process.

2. 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 city council.

3. Fund transfers to the public art account will occur in the first quarter of any year for which an appropriation has been made.

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 artwork is maintained by city staff. 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. (Ord. 2019-12 § 2, 2019: 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 artwork.

In the event that a private source proposes to donate artwork to the city, the public works director shall review the proposal and make recommendations to the city council regarding the proposal. The city council, after consideration of the recommendation, may (1) accept the artwork as a gift to the city, (2) accept the artwork as a loan to the city, or (3) not accept the artwork. If private ownership in the artwork is retained, the private owner shall be responsible for any insurance for, and the maintenance, repair, and replacement of, the artwork. (Ord. 2019-12 § 3, 2019: Ord. 92-30 § 1, 1992)

3.80.040 Management.

The city’s public 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. (Ord. 2019-12 § 4, 2019: 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)