Chapter 2.95
CULTURAL COMMISSION
Sections:
2.95.030 Appropriations for municipal construction projects.
2.95.050 Commission established.
2.95.060 Commission responsibilities.
2.95.070 Cooperation with other commissions.
2.95.010 Purpose.
The city recognizes its responsibility to foster culture and the arts and its interest in the viable development of its artists and craftsmen. The city declares it to be a policy of this city that where possible, appropriations be made for the development of the culture of the city. (Ord. 1471-88 § 1, 1988)
2.95.020 Definitions.
A. “City” means the city of Everett.
B. “Commission” means the Everett cultural commission.
C. “Municipal construction project” means any project paid for wholly or in part by the city to construct or remodel any building, decorative or commemorative structure, park, street, sidewalk, parking facility or any portion thereof.
D. “Total project cost” means the total amount of funds appropriated for the project. (Ord. 1471-88 § 2, 1988)
2.95.030 Appropriations for municipal construction projects.
A. All authorizations and/or appropriations for municipal construction projects shall include an amount equal to one percent of the total project cost 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 such 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:
a. Motor vehicle fuel taxes and motor vehicle excise taxes;
b. Community development block grants and matching funds;
c. Federal revenue sharing and matching funds, except for federal and matching funds received for transit and/or transit-related projects when authorized by a resolution of the Everett city council for a specific project;
d. Other federal, state or local grants and matching funds, except for grants and matching funds received for transit and/or transit-related projects when authorized by a resolution of the Everett city council for a specific project;
e. Utility and solid waste fund projects;
f. LID projects unless specifically authorized in the LID process; and
g. Traffic and drainage mitigation funds.
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 one percent figure shall be calculated as follows: one percent multiplied by total project cost multiplied by the percent of total project cost paid by eligible funds as described herein.
The one percent contribution to the municipal arts fund based on any transit or related fund shall be calculated and transferred in a manner that allows the one percent contribution based on such funds to be maintained separately and ensures that these funds are only used to pay for art projects that bear a sufficiently close nexus to transit facilities or the purpose of transit.
D. The transfer to the municipal arts fund shall be made as soon as project funding is available from the municipal construction project. (Ord. 2912-06 §§ 1, 2, 2006; Ord. 2266-98 § 1, 1998; Ord. 1471-88 § 3, 1988)
2.95.040 Municipal arts fund.
A. There is created a special fund entitled the “municipal arts fund” which is designated a reserve fund for cultural purposes. Appropriations from the municipal arts fund shall include appropriations for such things as studies, historic projects, works of art, artistic performances and exhibitions, competitions for works of art, costs incurred for such things as installation and maintenance of the works of art, cultural projects, land acquisition, as well as 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 commission 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 moneys 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.
E. Funds from the municipal arts fund shall also pay for commission expenses incurred in the performance of its duties and responsibilities under this and any other appropriate ordinance of the city. (Ord. 1471-88 § 4, 1988)
2.95.050 Commission established.
There is established the Everett cultural commission which shall be composed of eleven members. The terms of the members shall be in accordance with Section 5.2 of the Charter of the city. The commission shall be advisory to the mayor. (Ord. 1471-88 § 5, 1988)
2.95.060 Commission responsibilities.
The responsibilities of the commission shall include, but not be limited to the following:
A. To focus primarily upon the visual, performing, literary and historic cultural categories of the city as well as other cultural categories as defined by the Washington State Arts Commission;
B. To determine the method of selection and commissioning of artists for reviewing the design of, execution and placement of, and acceptance of works of art funded by this chapter;
C. To make recommendations to the mayor;
D. To represent the city’s interest in cultural matters in the artists and anyone interested in the advancement of culture in the city can come for information or assistance;
E. To be a coordinating body to whom art organizations, artists and anyone interested in the advancement of culture in the city can come for information or assistance;
F. To encourage and aid programs for the enrichment of culture in the city;
G. To coordinate and strengthen existing organizations in the field of art and to develop cooperation with the schools and regional and national art organizations;
H. To explore ways and methods of obtaining private, local, state and federal funds to promote culture in the city;
I. To review and make recommendations on all works of art acquired by the city;
J. To render any other advice and assistance in the field of culture deemed necessary by the commission or specifically requested by the mayor;
K. To gather information, perform studies and do whatever is deemed necessary to acquire a sufficient basis so as to adequately advise the mayor as to the appropriate cultural development for the city;
L. To make recommendations to the mayor as to studies, acquisition and construction of cultural facilities and/or projects such as museums, performing art centers and convention facilities;
M. To make an annual report to city council on behalf of the commission covering their respective activities for the year and the scope of their activities for the forthcoming year; and
N. To make recommendations to the mayor as to disbursement of funds from the municipal art fund and to keep council and the mayor informed as to the status of the fund. (Ord. 1471-88 § 6, 1988)
2.95.070 Cooperation with other commissions.
In carrying out the commission functions and responsibilities, the commission may cooperate with other municipal art/cultural commissions. However, in no event shall any appropriation be made from the municipal arts fund nor shall any work effort be made by the commission towards studies, works of art or cultural projects which do not directly concern or affect the placement of art work or cultural projects (activities) within the city. (Ord. 1471-88 § 7, 1988)
2.95.080 Subcommittees.
In order to meet those functions and responsibilities of the commission, the commission is authorized to appoint ad hoc subcommittees which shall be advisory to the commission only. (Ord. 1471-88 § 8, 1988)