Chapter 3.14
CUMULATIVE RESERVE ART FUND*

Sections:

3.14.010    Purpose.

3.14.020    Definitions.

3.14.030    Appropriations from municipal construction projects for works of art.

3.14.040    Additional contributions to cumulative reserve art fund.

3.14.050    Administration of art fund.

3.14.060    Severability.

*Prior legislation: Ord. 675.

3.14.010 Purpose.

The city of Lynnwood has determined that it is a benefit to the community to provide increased access to public art and to enhance the visual aesthetics of the community. Public art provides a stimulating environment for the building/site users and fosters community pride and identity. Public art also assists in creating an environment attractive to tourists, thereby playing a crucial role in the development of Lynnwood as a tourism destination. In harmony with this, it is the policy of the city to provide for acquisition, commissioning and display of works of art in public places of the city. (Ord. 2759 § 1, 2008; Ord. 2652 § 1, 2006; Ord. 1745 § 1, 1990)

3.14.020 Definitions.

A. “Art fund” means the city of Lynnwood cumulative reserve art fund.

B. “City” means the city of Lynnwood.

C. “Commission” means the Lynnwood arts commission.

D. “Public art” means capital acquisitions of works of art by the city of Lynnwood or art commissioned or purchased through joint projects between the city and other entities, public or private.

E. “Municipal construction project” means any capital project paid for wholly or in part by the city of Lynnwood to construct or remodel any building, park, parking facility, or any portion thereof, within the limits of the city of Lynnwood except for utilities, streets, sidewalks, walkways, tenant improvements, and furnishings.

F. “Total project cost” means the total amount of funds appropriated for the project per construction bid award or negotiated construction contract award; provided, that the following shall be excluded when calculating the total project cost:

1. The amount received from a source of funds for construction projects which precludes expenditures for works of art or cultural projects;

2. The amount of funding provided by the following sources:

a. Revenue bonds;

b. Community development block grants;

c. Other federal, state or local grants;

d. LID projects, unless specifically authorized in the LID process;

3. Any subsequent change orders for that project;

4. Sales tax or any other tax on the construction bid amount or negotiated construction contract award. (Ord. 2759 § 2, 2008; Ord. 2652 § 2, 2006; Ord. 1745 § 2, 1990)

3.14.030 Appropriations from municipal construction projects for works of art.

Authorizations and/or appropriations for municipal construction projects shall include an amount equal to one percent of the total project cost, which shall be deposited in the art fund at the time of contract award. That amount shall not be modified because of subsequent change orders. (Ord. 2759 § 3, 2008; Ord. 2652 § 3, 2006; Ord. 1745 § 3, 1990)

3.14.040 Additional contributions to cumulative reserve art fund.

A. To maintain a minimum annual contribution of $15,000 to the art fund, the city administration and the city council will budget revenue, up to $15,000 annually, to make up the difference of revenue received from appropriations for municipal construction projects; provided, however, that revenue is available for that purpose.

B. Provided, further, that special projects exceeding the maximum annual contributions and art fund balance may be funded as approved by the city council. (Ord. 2759 § 4, 2008; Ord. 2652 § 4, 2006; Ord. 1745 § 4, 1990)

3.14.050 Administration of art fund.

The commission’s procedures for recommending and obtaining authorization for expenditures from the art fund for acquisitions of public art shall comply with the city’s policy procedure for public art acquisition. (Ord. 2759 § 5, 2008; Ord. 2652 § 5, 2006; Ord. 1745 § 5, 1990)

3.14.060 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2759 § 6, 2008; Ord. 2652 § 6, 2006; Ord. 1745 § 6, 1990)