Chapter 3.06
MUNICIPAL ART FUND
Sections:
3.06.040 Funds for public artwork.
3.06.050 Additional revenue sources.
3.06.010 Purpose and intent.
There is hereby created and established a special purpose fund designated the “municipal art fund” into which shall be deposited moneys described in this chapter, together with such other moneys as the city council shall designate for works of art. Such works of art shall be placed outside or inside of any construction project of any public agency or other publicly owned, leased, or rented property in locations where they are readily accessible for public viewing. No work of art may be placed in any office or other area not open to the general public. Such works of art may be attached or detached about such property and may be either temporary or permanent. (Ord. C-963 § 12, 2021)
3.06.020 Procedure.
Upon consultation with the Arts Commission, the city manager or his/her designee shall prepare guidelines for the implementation of programs under this chapter. (Ord. C-963 § 13, 2021)
3.06.030 Municipal art fund.
A. There is hereby created a municipal art fund administered by the Public Works Department which shall consist of all contributions received from City Capital Improvement Projects, cash grants and donations to the City for public art.
B. The municipal art fund shall be used solely for expenses associated with the selection, commissioning, acquisition, fabrication, placement, exhibition or display, transportation, maintenance, public education, promotion, administration, installation and/or removal of public art on public property throughout the City, and insurance of the works of art or in relation thereto.
C. To the extent practical, artist selection should be concurrent with selection of the architect or designer to ensure integration of the artwork into the project architecture. If a particular eligible project is deemed inappropriate for the placement of artwork by the Public Art Commission or by City Council, if not otherwise prohibited by law, the funds appropriated for artwork may be used at other more appropriate public sites.
D. The City of Airway Heights shall establish a municipal art fund to receive donations and other funds contributed and allocated to support the public art plan.
E. Unspent monies in the municipal art fund shall be carried over to the next fiscal year, unless prohibited by the source of the funds, or applicable laws or regulations.
F. The funds for public artwork shall be set aside and identified as sources of funding to be appropriated and expended for acquisition for public art in accordance with the provisions of this chapter.
G. Appropriations for purposes of acquiring public art in order to carry out the provisions of this chapter shall be made in accordance with law and the budgeting procedures of the City.
H. Appropriations for public art may include the pooling of public art funds to the extent permissible, to provide artwork of larger scale or significance in a different location than the project. Appropriations for public art shall only be expended for acquisition of public art in a manner consistent with the specific restrictions established for each funding source.
I. The Department shall track the funding sources for all public art funds including pooled funds and shall oversee public art expenditures in a manner consistent with the funding restrictions. (Ord. C-963 § 14, 2021)
3.06.040 Funds for public artwork.
A. All allocations of funds for eligible projects shall include an amount equal to one percent of the projected construction costs at the time the project is included in the City’s capital improvement program to be used for the selection, acquisition, commissioning and display of artwork. No allocation shall be made for eligible projects with an estimated expenditure of less than the threshold amount for which formal bidding procedures are required. If the source of funding, applicable law governing any particular eligible project or the expenditure of such funds precludes art as a permissible expenditure, the amount of funds so restricted shall be excluded from the construction costs in determining the amount to be allocated as provided in this section.
B. The City’s Finance Director shall establish a special fund designated the public art account into which funds appropriated as set out in subsection (A) of this section (the public art allocations) or derived from gifts or donations to the City for public art shall be deposited. For the budget year that the City Council appropriates funding for the eligible project and that the eligible project is instituted, the public art allocations shall be deposited into the public art account in accordance with procedures established by the City’s Finance Director.
C. Moneys collected in the public art account shall be budgeted and expended in the same manner as other City revenues and used for projects commissioned pursuant to this chapter. Each disbursement from such account or from other appropriations for artwork shall be recommended by the Public Art Commission and authorized in accordance with applicable law and accounting principles governing expenditures from the City’s budget. Separate accounts shall be established whenever funds are required to be used at a designated capital improvement project.
D. From the effective date of this section, applications for capital improvement projects to granting authorities shall include amounts for artwork as specified in this section, insofar as permissible by the granting authority.
E. Disbursement of funds from the public art account to pay for artwork acquired pursuant to this chapter shall be made in accordance with procedures established by the City’s Finance Director but shall at least include the submission from the Public Art Commission of an accurate and complete invoice resulting from a contract with an artist. The invoice for such artwork may include a commission fee of 15 percent of the cost of the artwork for services rendered in connection with the acquisition and installation of the artwork. (Ord. C-963 § 15, 2021)
3.06.050 Additional revenue sources.
A. Additional Allocation of Funds and Expenditures. The City Council through the budget may appropriate dollars to be allocated to the municipal art fund in addition to the requirements outlined here. The City Council, at its discretion, may determine the amount to be allocated for the selection, acquisition, and/or installation of individual works of art or the art that may be placed within, on, or about other public facilities. All such expenditures for art shall be approved by the City Council.
B. Appropriations for public art may include the pooling of public art funds to the extent permissible, to provide artwork of larger scale or significance in a different location than the project. (Ord. C-963 § 16, 2021)