Chapter 2.74
FRIDAY HARBOR ARTS COMMISSION AND MUNICIPAL ARTS FUND
Sections:
Article I. Arts Commission
2.74.020 Appointment, terms and qualifications.
2.74.070 Policies and procedures.
Article II. Municipal Arts Fund
2.74.080 Municipal arts fund purpose.
2.74.100 Works of art and public facilities.
2.74.110 General revenues to the municipal arts fund.
2.74.120 Commission responsibilities.
2.74.130 Municipal arts fund created.
2.74.140 Reservation of town council approval.
2.74.150 Public hearing required.
Article I. Arts Commission
2.74.010 Commission created.
The town of Friday Harbor arts commission is hereby created. The commission shall consist of seven members. In addition to these members, the commission may include one nonvoting member who is age 16 to 19 at time of appointment. (Ord. 1546 § 2, 2014)
2.74.020 Appointment, terms and qualifications.
Members of the commission shall be appointed by the mayor and ratified by the town council, and shall serve a three-year term, or the duration of any vacant and unexpired term. The original appointments will be as follows: Positions 1 and 2: one year; Positions 3 and 4: two years; Positions 5, 6 and 7: three years. Terms shall commence on January 1st and expire on December 31st. The youth member shall serve one year with term to commence October 1st and expire September 30th the following year.
The seven voting members shall include at least one town elected official, two representatives of the visual arts, and one representative of the performing arts. “Representatives” shall be those with experience, background, and/or involvement in that particular art form. (Ord. 1635 § 1, 2017; Ord. 1546 § 2, 2014)
2.74.030 Organization.
The arts commission shall be organized as follows:
A. Chairperson. The elected official appointed to the commission shall serve as chairperson.
B. Quorum. No business shall be conducted without a quorum. A quorum shall exist when a majority of the members are present.
C. Voting. All actions of the commission shall be accomplished by a vote of the membership. A simple majority of the members present at the meeting in which action is taken shall be necessary to approve any action taken. The chairperson is entitled to vote on all matters. (Ord. 1635 § 2, 2017; Ord. 1546 § 2, 2014)
2.74.040 Powers and duties.
The commission’s function shall be to advise the town council on support, placement, selection, acquisition, and maintenance of public art. The commission shall advise on visual, literary and performing arts.
The commission shall have no independent authority to approve or disapprove the placement, selection, acquisition, or maintenance of public art. (Ord. 1546 § 2, 2014)
2.74.050 Operational support.
The arts commission operational budget will be a sub-category of the planning department budget. A separate municipal arts fund will also be established for funds procured through donations, grants, sales, admission fees, or other means including any allocations from the town’s current fund or pursuant to FHMC 2.74.130. (Ord. 1546 § 2, 2014)
2.74.060 Staff assistance.
The town administrative staff shall provide the arts commission with such assistance as is reasonably necessary to enable it to perform its functions and duties. Staff assistance shall include, but not be limited to, record keeping, reporting, research, general planning, and instruction. (Ord. 1546 § 2, 2014)
2.74.070 Policies and procedures.
The policies and procedures attached to the ordinance codified in this chapter as Exhibit A shall govern all meetings and activity of the arts commission and are hereby adopted by reference. (Ord. 1546 § 2, 2014)
Article II. Municipal Arts Fund
2.74.080 Municipal arts fund purpose.
The town of Friday Harbor 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 town of Friday Harbor. In harmony with this policy it should be the practice of the town to require that visual art be included in any 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 town to provide an annual allocation from the town’s general revenues to the municipal arts fund as created by this chapter. (Ord. 1546 § 2, 2014)
2.74.090 Definitions.
A. “Commission” means the Friday Harbor arts commission.
B. “Municipal construction project” means any project paid for wholly or in part by the town of Friday Harbor 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 town. Municipal construction project shall not include routine maintenance, the repair of existing public facilities or the replacement of fixtures in such facilities. (Ord. 1546 § 2, 2014)
2.74.100 Works of art and public facilities.
A. All authorizations and/or appropriations for municipal construction projects, excluding water, sewer and storm water projects or any portion thereof, shall include an amount equal to at least one percent of the total project cost (as estimated by the town 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 town 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 be 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 $75,000 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 $75,000 has been expended. Out of such funds, the town 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. (Ord. 1546 § 2, 2014)
2.74.110 General revenues to the municipal arts fund.
In addition to such funds as may be appropriated pursuant to FHMC 2.74.100, the town council shall make provision by appropriation to the municipal arts fund for the purposes enumerated in FHMC 2.74.080. The council hereby states its commitment to provide general revenue funding at a level of at least $10,000 per year, in addition to such monies as may be appropriated or expended for staff support services. (Ord. 1546 § 2, 2014)
2.74.120 Commission responsibilities.
The commission, with the consent of the town 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. 1546 § 2, 2014)
2.74.130 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 town from whatever source for the purpose of: (A) providing for the advancement of local cultural and artistic programs and services within the town, including federal, state or other funds to which the town may be entitled now or in the future, other funds as the town may from time to time transfer into said fund, revenues from performances or projects sponsored by the arts commission or funds from private parties or agencies and (B) financing those expenditures identified in FHMC 2.74.100. (Ord. 1546 § 2, 2014)
2.74.140 Reservation of town council approval.
The town council specifically reserves to itself final decision making authority regarding the purchase, erection, siting and installation of works of public art. The town council indicates its intention to use a selection process and public hearing procedures which incorporate members of the Friday Harbor arts commission. In the event of conflict with any other section of the code, this section shall prevail. (Ord. 1546 § 2, 2014)
2.74.150 Public hearing required.
Prior to the expenditure of funds from the municipal arts fund for the purchase of a public artwork utilizing funds in excess of $500.00, 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 and noticed as provided by law. (Ord. 1546 § 2, 2014)