Chapter 3.50
PUBLIC ARTS PROGRAM – ONE PERCENT FOR ARTS

Sections:

3.50.010    Purpose and policy.

3.50.020    Definitions.

3.50.030    Source of funds for municipal construction projects.

3.50.040    General revenues to the municipal arts fund.

3.50.050    Arts commission responsibilities – Process.

3.50.060    Public arts projects – City council approval.

3.50.070    Municipal arts fund created.

3.50.010 Purpose and policy.

The city of Port Townsend is committed to expanding public experience by advancing awareness of, and interest in, the arts, in connection with the artistic and cultural development of the city.

A. In alignment with this policy, the city encourages artwork to be incorporated into city capital projects, as defined herein, and that a portion of the project's cost be allocated for the acquisition of public art, the upkeep of public art owned by the city, the replacement of public art at the end of its useful life, or the promotion and implementation of art programming. (Ord. 3355 § 1 (Exh. A), 2025).

3.50.020 Definitions.

A. “Commission” means the Port Townsend arts commission.

B. “Capital project” means any project paid for wholly or in part by the city of Port Townsend to construct or remodel any building, structure, park, street, sidewalk, parking facility, or utility, or any portion thereof, including permanent fixtures to any building within the jurisdiction of the city of Port Townsend. However, the purchase of land, local improvement district projects including the city’s participation in any such district, maintenance, repair, and operation, and the purchase of equipment are not considered capital projects. (Ord. 3355 § 1 (Exh. A), 2025).

3.50.030 Source of funds for municipal construction projects.

A. All monies required by this chapter shall be deposited into the municipal arts fund from which the arts commission shall create an annual budget to present to the city council to review and recommend for incorporation into the city’s annual budget approval process. All city departments shall deposit into the municipal arts fund, out of any monies appropriated for any capital project, an amount equal to one percent of the appropriation for the administration of the public art program, excluding any funds from state or federal sources which are ineligible to be used in conjunction with public art fund programs. One percent of the funds from multiple city capital projects may be accumulated in the public art fund for the purposes as defined by separate resolution of the city council.

B. Only those capital projects exceeding the sum of $75,000 will be subject to the provisions of this section. At such time as the total capital project expenditure of any individual project exceeds $75,000, the one percent provided herein of all such monies expended for that capital project shall be paid into the public art fund as follows: one percent of the construction contract award, excluding funds from restricted sources including the transportation benefit district and Olympic Gravity Water System fund, and excluding any funds from state or federal sources which are ineligible to be used in conjunction with public art fund programs, including additive change orders or other alterations to the contract, will be placed into the fund. Washington State sales tax, design fees, furnishings, and administrative expenditures will not be included as part of the capital project expenditure. (Ord. 3355 § 1 (Exh. A), 2025).

3.50.040 General revenues to the municipal arts fund.

In addition to funds as may be appropriated for municipal construction projects, the city council shall allocate an appropriation to the municipal arts fund or other arts programs for the purposes enumerated in this chapter. (Ord. 3355 § 1 (Exh. A), 2025).

3.50.050 Arts commission responsibilities – Process.

The Port Townsend arts commission shall follow any policies related to public art to make decisions regarding what types of visual public art shall be purchased, what types of artists shall be eligible for contracts, and processes for accessioning, maintaining, and de-accessioning public visual art. The Port Townsend arts commission shall also adhere to any policies related to the promotion of and encouragement for public art programming. (Ord. 3355 § 1 (Exh. A), 2025).

3.50.060 Public arts projects – City council approval.

Public art fund monies shall not be expended without the prior approval of the city council. Nothing in this section shall limit the amount of money the city of Port Townsend may expend for art, art programming, and administration of arts initiatives. (Ord. 3355 § 1 (Exh. A), 2025).

3.50.070 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. Funds earmarked for funding public art for construction projects need not be placed in the municipal arts fund, but may remain part of the project construction budget. (Ord. 3355 § 1 (Exh. A), 2025).