Chapter 3.75


3.75.010    Percent for the arts program – Established.

3.75.020    Public arts fund – Established.

3.75.030    Public arts fund – Definitions.

3.75.040    Public arts fund.

3.75.050    Public arts fund – Method of calculation of total construction or remodeling project cost.

3.75.060    Public arts fund – General obligation proceeds.

3.75.070    Public arts fund – Uses.

3.75.010 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 the construction costs for qualifying city-owned capital improvement projects within the city for the funding of art for public places. (Ord. 2013 § 1, 2009).

3.75.020 Public arts fund – Established.

There is hereby established in the city treasury a percent for the arts fund to be known and designated as “public arts fund” for the purpose of providing funds for the one percent for the arts projects. (Ord. 2013 § 1, 2009).

3.75.030 Public arts fund – Definitions.

As used in conjunction with the public arts 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 the city-owned facility, or on noncity-owned property if the work of art is installed or financed, 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 city-owned capital improvement project” means projects funded wholly or in part by the city at a cost exceeding $50,000 for the construction or remodel of any public buildings, decorative or commemorative structures, bridges, and above-ground transportation and parks projects. (Ord. 2013 § 1, 2009).

3.75.040 Public arts fund.

All authorizations and/or appropriations for qualifying capital improvement projects shall include an amount of not less than one percent of the construction cost to be set aside for transfer to the public arts fund. (Ord. 2013 § 1, 2009).

3.75.050 Public arts fund – Method of calculation of total construction or remodeling project cost.

For qualifying city-owned 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. 2013 § 1, 2009).

3.75.060 Public arts fund – General obligation 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 of ordinances approved by the city council. (Ord. 2013 § 1, 2009).

3.75.070 Public arts fund – Uses.

From time to time, the city council shall select an ad hoc committee that will make recommendations for use of the percent deposit. The city council shall review the procedures and art selection criteria established by that committee, and the city council shall have final approval for all expenditures for the one percent for the arts projects. These funds shall be used for:

A.    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;

B.    Repairs and maintenance of public art acquired with the art in public places fund; and

C.    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.

D.    Any unexpended funds which remain in the public arts fund at the end of any budget period 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. 2013 § 1, 2009).