Chapter 3.13


3.13.010    Purpose.

3.13.020    Definitions.

3.13.030    Works of art and public facilities.

3.13.040    General revenues to the municipal arts fund.

3.13.050    Commission responsibilities.

3.13.060    Municipal arts fund created.

3.13.070    Public art acquisition fund created.

3.13.080    Art museum memorial/building fund.

3.13.090    Public arts projects exempt – Reservation of city council approval.

3.13.100    Public hearing required.

3.13.010 Purpose.

The city of Edmonds accepts the responsibility for expanding public experience throughout the broad spectrum of the arts by providing local and cultural artistic services and programs to its citizens. Artists capable of creating for the public in the fields of visual, written and performing arts should be encouraged, and such is hereby declared to be the policy of the city of Edmonds. In harmony with this policy it should be the policy of the city to require that visual art be included in any city public works project, where applicable, and that a portion of the cost of such project, where applicable, be allocated for the acquisition of visual art. It shall also be the policy of the city to provide an annual allocation from the city’s general revenues to the municipal arts fund as created by Ordinance 1765 of the city for the purposes enumerated in said ordinance. [Ord. 2667 § 1, 1988; Ord. 1802 § 1, 1975].

3.13.020 Definitions.

A. “Commission” means the Edmonds civic arts commission.

B. “Municipal construction project” means any project paid for wholly or in part by the city of Edmonds to construct or remodel any building, decorative or commemorative structure, park, street, sidewalk, parking facility or utility, or any substantial portion thereof within the limits of the city of Edmonds. Municipal construction project shall not include routine maintenance, the repair of existing public facilities or the replacement of fixtures in such facilities. [Ord. 2667 § 2, 1988; Ord. 1802 § 2, 1975].

3.13.030 Works of art and public facilities.

A. All authorizations and/or appropriations for municipal construction projects shall include an amount equal to at least one percent of the total project cost (as estimated by the city in the year in which the project is actually initiated) to be used for the selection, acquisition and/or installation of works of art to be placed in, on or about public facilities unless specifically excluded from the project by the city council; provided, however, if applicable laws establishing a source of funds for a particular project exclude art as one of the items for which such funds may be expended, the amount of funds from that source shall be excluded from the “total project cost” in making said calculation; provided further, that in the event applicable law requires that all such funds for art in a municipal construction project are required to be expended solely for that project, such funds thus appropriated shall only be used for that project and in the event such funds are not expended by the time of completion of said project, such appropriation shall lapse and the total cost of the project reduced by that amount.

B. The funds authorized and/or appropriated pursuant to this section shall be held in the public art acquisition fund; provided, however, that if at the end of any budget year, the said fund has an accumulated balance from all sources of $100,000 or more representing funds which remain unexpended and which have not been encumbered or otherwise committed for the purchase of municipal art, no further annual appropriation shall be made under this section until all or that part in excess of $100,000 has been expended. Out of such funds, the city council, after seeking the advice of the commission, shall approve the amount to be allocated for selection, acquisition, and/or installation of individual works of art to be placed either as an integral part of the municipal construction project in connection with which the funds are appropriated, or attached thereto, or detached within or outside such project, or to be placed in, on or about other public facilities as permitted by law.

C. The preceding cap shall not apply to encumbered funds donated by the public or otherwise appropriated by the council for the purpose of constructing a museum and held as encumbered funds by the city. [Ord. 2786 § 1, 1990; Ord. 2667 § 3, 1988; Ord. 1802 § 3, 1975].

3.13.040 General revenues to the municipal arts fund.

In addition to such funds as may be appropriated pursuant to ECC 3.13.030, the city council shall make provision by appropriation to the municipal arts fund for the purposes enumerated in ECC 3.13.010. The council hereby states its commitment to provide general revenue funding at a level of at least $15,000 per year, in addition to such monies as may be appropriated or expended for staff support services. [Ord. 2667 § 4, 1988; Ord. 1802 § 4, 1975].

3.13.050 Commission responsibilities.

A. The commission shall make an annual review of all capital improvement projects as part of the annual budget process in order to make its recommendation to the council as to which projects are subject to funding under the provisions of ECC 3.13.030. Their review and recommendation shall be undertaken in accordance with the following procedure:

1. The commission shall meet with representatives of the city staff as designated by the mayor in order to review proposed capital improvement projects and to determine which projects are municipal construction projects subject to funding under the provisions of this chapter. Such review shall take place in advance of the preparation of the mayor’s budget report to the city council in order that the recommendations of the commission may be considered by the mayor in the preparation of his budget report.

2. The city council shall review as a part of its budget review the projects and the estimated expenditures proposed for funding under ECC 3.13.030. The council retains its discretion to determine whether or not it is appropriate for such funding to be incorporated as a part of the budget and shall fix at the date the budget is approved the estimated expenditures for public art to be funded in accordance with the provisions of ECC 3.13.030 and also shall determine the level of general revenue funding to the municipal arts fund for the general purposes set forth in ECC 3.13.010.

3. The council recognizes that the final level of funding cannot be set until such time as bids for municipal construction projects have been received and final contracts approved. Therefore, the final level of funding shall be set at the day the bid is accepted and the contract approved by the council. The level of funding shall not be thereafter increased to reflect any change orders; provided; however, the council, in its sole discretion, may choose to limit or eliminate funding in the event of a significant budget overrun for a particular project, if they believe such action to be in the public interest.

B. The commission shall be responsible for the term and the method of selection in commissioning of artists, for reviewing the design of, execution and placement of, and acceptance of works of visual art funded by this chapter, subject to final approval by the city council.

C. The commission shall review at specified intervals during the year applications from arts organizations within the city, said applications being for the funding of project or projects involving the visual, written, or performing arts which shall directly benefit the public or which shall promote tourism within the city. These projects shall be funded from the municipal arts funds according to their individual merits, that determination to be made by the commission, subject to approval by the city council.

D. The commission with the consent of the city council may, either alone or in conjunction with other public or private agencies, initiate or sponsor public programs designed to heighten public awareness in any of the aforementioned arts. [Ord. 2667 § 5, 1988; Ord. 1802 § 5, 1975].

3.13.060 Municipal arts fund created.

There is hereby created a special fund entitled the “municipal arts fund” into which all funds shall be paid that are received by the city from whatever source for the purpose of providing for the advancement of local cultural and artistic programs and services within the city, including federal, state or other funds to which the city may be entitled now or in the future, other funds as the city may from time to time transfer into said fund, and revenues from performances or projects sponsored by the arts commission. [Ord. 2667 § 6, 1988; Ord. 2154, 1980; Ord. 1765 § 6, 1975].

3.13.070 Public art acquisition fund created.

There is hereby created a special fund entitled the “public art acquisition fund” into which all funds shall be paid that are received from the revenues pursuant to ECC 3.13.030. [Ord. 2667 § 7, 1988].

3.13.080 Art museum memorial/building fund.

The administrative services director is authorized to hold encumbered funds donated by the public for the purpose of establishing, acquiring, constructing or maintaining an art museum or funds specifically appropriated for that purpose by the council. The administrative services director may use the “gift catalogue” fund, number 127, for such purpose. If sufficient funds are generated, the administrative services director may establish a separate art museum memorial/building fund. No funds shall be transferred from municipal art fund and public art acquisition fund to such fund without the express consent of the city council. Funds deposited within this fund shall be considered to be encumbered for the purpose donated and shall not be counted toward the caps or spending limits established under the provisions of ECC 3.13.030. [Ord. 2786 § 2, 1990].

3.13.090 Public arts projects exempt – Reservation of city council approval.

The city council specifically reserves to itself final decision making authority regarding the purchase, erection, siting and installation of works of public art. The city council indicates its intention to use a selection process and public hearing procedures which incorporate members of the city’s arts commission as well as its architectural design board. In the event of conflict with any other section of the code, this section shall prevail. Specifically, the provisions of Chapter 20.10 ECDC shall not be interpreted to require architectural design board approval prior to the selection, siting, erection or installation of a work of public art. [Ord. 2971 § 1, 1994].

3.13.100 Public hearing required.

Prior to the expenditure of funds from the municipal arts fund for the purchase of a significant public art work, whether freestanding or incorporated into the design of a public building, which is visible from a public way or adjacent private properties, a public hearing shall be held in accordance with the provisions of ECC 10.20.050. [Ord. 2976 § 1, 1994].