Chapter 3.38


3.38.010    Purpose

3.38.020    Definitions

3.38.030    Appropriations for Municipal Construction Projects

3.38.040    Municipal Arts Fund

3.38.010 Purpose.

The City recognizes its responsibility to foster culture and the arts and has an interest in the viable development of the arts. The City declares it to be a policy of this City that where possible, appropriations be made for the development of culture within the City. (Ord. 1088, Sec. 2, 2020; Ord. 806, Sec. 1, 2009)

3.38.020 Definitions.

(a)    “City” means the City of Lake Stevens.

(b)    Repealed by Ord. 1088.

(c)    “Qualifying municipal construction project” means any project paid for wholly or in part by the City to construct or remodel any government-owned buildings, parks and sidewalks.

(d)    “Total project cost” means the total amount of funds appropriated for the project.

(e)    “Acquisition of real property” means the purchase of parcels of land, rights-of-way or existing buildings and structures, including associated costs such as appraisals or negotiations. (Ord. 1088, Sec. 2, 2020; Ord. 806, Sec. 1, 2009)

3.38.030 Appropriations for Municipal Construction Projects.

(a)    For qualifying municipal construction projects, the minimum amount to be appropriated for art in public places shall be as follows: the amount shall be based on the total amount of the awarded contract as originally approved by the City Council, 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 except for the following:

(1)    If the law establishing a source of funds for a particular project excludes works of art or cultural projects 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;

(2)    Projects which are funded by one or more of the following sources shall have excluded from the total project cost that amount provided by the following sources:

(i)    One-half cent gasoline tax;

(ii)    Community development block grants;

(iii)    Other federal, state or local grants;

(iv)    Utility projects;

(v)    LID projects unless specifically authorized in the LID process;

(vi)    Any other grant or loan which specifically excludes setting a portion of the project funds aside for arts; and

(vii)    Any required developer mitigation or impact fees.

(b)    The one percent figure described in subsection (a) of this section shall not be modified because of subsequent change orders. The amount shall remain fixed.

(c)    The transfer to the Municipal Arts Fund shall be made as soon as project funding is available from the municipal construction project. (Ord. 1088, Sec. 2, 2020; Ord. 806, Sec. 1, 2009)

3.38.040 Municipal Arts Fund.

(a)    There is hereby created a special fund entitled the “Municipal Arts Fund” which is designated a reserve fund for arts purposes. Appropriations from the Municipal Arts Fund shall include appropriations for works of art. Costs include installation, maintenance, design and construction for arts-related projects.

(b)    Appropriations from the Municipal Arts Fund shall only be made by the City Council based upon recommendations made by the Director of Planning and Community Development or designee to the Mayor.

(c)    The source of funds for the Municipal Arts Fund shall be a percentage allocation from municipal construction projects and/or such other sources as may be designated. In addition, the Municipal Arts fund may receive monies on an annual basis from the General Fund if so budgeted by the City Council.

(d)    The Municipal Arts Fund shall be eligible for grants and donations from both public and private sources. (Ord. 1088, Sec. 2, 2020; Ord. 806, Sec. 1, 2009; Ord. 538, 1997)