Chapter 3.35


3.35.010    Purpose.

3.35.020    Definitions.

3.35.030    Account created.

3.35.040    Donations.

3.35.010 Purpose.

The City Council shall consider an appropriation in the annual budget* as set forth herein for the purpose of providing funding for the acquisition and placement of public art as a component of the annual expenditure of City funds on public works projects. Such appropriation is at the discretion of the City Council and no requirement for funding for public art is set forth herein.

A. Per capita funding based on $0.25 per citizen; and

B. Up to a one percent set-aside from any City-funded capital project reflected in the annual Capital Improvement Program (CIP) wherein such project is visible and usable by the public. Such set-aside shall be an annual case-by-case decision by the City Council and if approved shall be reflected in each CIP project budget in the annual budget.* The amount of set-aside shall only be calculated on the City-funded portion of a CIP project, and may not include any portion of grant monies received by the City toward the total funding of the project. (Ord. O-12-519 § 1).

*Code reviser’s note: The City now has a biennial budget, as established by Ord. O-16-596. See Chapter 3.01 MVMC.

3.35.020 Definitions.

The following definitions are hereby established:

A. “Public works” shall mean a project on municipal owned property or municipal right-of-way that is visible to and accessible by the public, and includes any capital project paid for wholly or in part by the City to construct or remodel any building, structure, park, trail, street, sidewalk, or parking facility, or any portion thereof, within the limits of the City.

B. “Capital Improvement Program (CIP)” shall mean that portion of the City’s annual budget* that allocates money, on a six-year schedule, toward various categories of capital projects.

C. “Conservation” shall mean those activities required to conserve, repair, or preserve the integrity of the art work and setting within which the art work is located.

D. “Routine maintenance” means:

1. Those activities associated with keeping an art work or an art collection and its setting clean and well ordered; and

2. The removal of graffiti if it can be accomplished employing effective, artist pre-approved methods. Where necessary or prudent, consultation with the artist should be attempted to avoid damage to the art. (Ord. O-12-519 § 1).

*Code reviser’s note: The City now has a biennial budget, as established by Ord. O-16-596. See Chapter 3.01 MVMC.

3.35.030 Account created.

A. There is established in the City budget a special fund designated “municipal arts fund” into which shall be deposited funds appropriated as contemplated by MVMC 3.35.010, together with donations, gifts or bequests to the City for public art and related services. From this fund expenditures may be made for specific works of art and related services or for works of art in accordance with any plan that may be approved by the City Council after recommendation by the Arts Commission. Separate accounts shall be established within the municipal arts fund to segregate receipts by source if so directed by the donator/gifter/ bequester, or when so directed by the City Council for specific works of art.

The interest accruing in the municipal arts fund, if not required to be segregated, shall accrue separately as an art conservation reserve fund. Monies held in the art conservation reserve may be expended for staff time, professional services, supplies, and operating costs associated with the conservation, repair, restoration, or maintenance of works of public art. In the event that excess funds are accumulated in the art conservation reserve, a percentage of reserve funds may be expended for special conservation projects as recommended by the Arts Commission and approved by the City Council.

Routine maintenance of works of public art shall be performed by City staff. When routine maintenance or any costs associated with conservation, repair, or restoration of public art exceed $500.00, the Arts Commission may recommend the expenditure of art conservation reserve funds to support the cost of such routine maintenance or conservation, repair, or restoration.

Conservation, repair, and restoration of works of public art, once determined to be required, shall be fully borne by the arts conservation reserve unless the expenditure of general fund monies is specifically authorized by the City Council.

B. The Public Art Program reflected in the 2012 budget as project “A1” shall be included in the municipal arts fund and, beginning with the 2013 budget, shall be a separate line item in the City’s general fund. (Ord. O-12-519 § 1).

3.35.040 Donations.

The City Manager is hereby authorized to accept on behalf of the City of Maple Valley donations for community art and related services and to carry out any conditions of the donation, so long as such conditions are within the authority of the City to meet. The City Manager will, for each donation, communicate an appropriate acknowledgment of acceptance on behalf of the City of Maple Valley and express appreciation therefor.

Prior to making his/her determination whether to accept a donation or whether any condition thereof is within the authority of the City, the City Manager shall receive and review the recommendation of the Arts Commission. (Ord. O-12-519 § 1).