Chapter 4.15
ART IN PUBLIC PLACES1
Sections:
4.15.010 Establishment of Art in Public Places Fund.
4.15.030 Deposits to the Art in Public Places Fund.
4.15.040 Method of calculation of total project cost.
4.15.050 Uses of Art in Public Places funds.
4.15.070 Responsibilities of arts commission regarding Art in Public Places funds.
4.15.010 Establishment of Art in Public Places Fund.
There is hereby established in the city treasury a special fund to be known and designated as the “Art in Public Places Fund” for the purpose of providing funding for 2%-For-The-Arts projects.
(Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-300.)
4.15.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Acquisition of real property” means the purchase of parcels of vacant or unimproved land, including associated costs such as appraisals or negotiations.
“Art in public places” means any expression by an artist of visual works of art available to the public in an open city-owned facility in areas designated as public areas, or on non-city-owned property if the incorporation of the art project is installed or financed, either in whole or in part, by the city.
“Demolition costs” means the cost of removing buildings or other structures from the property.
“Equipment” means equipment or furnishings that are portable.
“Qualifying capital improvement project” means a project funded wholly or in part by the city of Federal Way to construct or substantially remodel any public project including buildings, decorative or commemorative structures, parks, or portion thereof; provided, that it does not include, either initially or in the calculation of the total project cost, amounts funded by the city for the acquisition of real property or equipment, or for demolition.
“Substantially” means when the cost of the project construction, renovation, repair, or remodel funded by city monies exceeds the sum of $25,000.
(Ord. No. 09-591, § 3, 1-6-09; Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-301.)
4.15.030 Deposits to the Art in Public Places Fund.
All authorizations and/or appropriations for qualifying capital improvement projects shall include an amount of not less than two percent of the total project cost funded by city monies to be set aside for transfer to the Art in Public Places Fund.
(Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-302.)
4.15.040 Method of calculation of total project cost.
For qualifying capital improvement projects, the minimum amount to be appropriated for art in public places shall be as follows:
(1) The amount shall be based on the total amount of the awarded contract as originally approved by the city council or as subsequently amended multiplied by two percent.
(2) In the case of a city project which involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and for capital purposes consistent with the authorizing resolution or ordinance approved by the city council and the voters.
(Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-303.)
4.15.050 Uses of Art in Public Places funds.
The appropriations from qualifying capital improvement projects shall fund the Art in Public Places Fund. All Arts in Public Places funds shall be expended upon the project in which the funds were appropriated. Any diversion of funds from the projects in which they were appropriated shall be conditioned upon prior approval of the city council. These funds may be combined with any gifts, donations, or grants so designated, and shall be used for:
(1) Selection, acquisition, and installation or display of original works of visual art which may be incorporated in the project, on or about the project, or, upon approval of the city council, in another public facility within the city; and
(2) Repairs and maintenance of public art acquired with 2%-For-The-Arts Funds; and
(3) Other project specific expenses of selection and acquisition; provided, that, no part of the funds shall be used to pay administrative staffing expenses of the program.
(Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-304.)
4.15.060 Carryover of fund.
Any unexpended 2%-For-The-Arts funds which remain in the Art in Public Places Fund at the end of any budget year shall not be transferred to the general fund or otherwise lapse, but said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in FWRC 4.15.050, unless otherwise directed by city council.
(Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-305.)
4.15.070 Responsibilities of arts commission regarding Art in Public Places funds.
Annually, the arts commission shall make recommendations to the city council that will reflect short and long range planning for the incorporation of art and sites regarding the appropriation of 2%-For-The-Arts funds. The recommendations will relate to but will not be limited by the following:
(1) The incorporation of art projects will be responsive to the developing public art needs of the community;
(2) The incorporation of art projects will reflect the scope, scale and character of the site; and
(3) The incorporation of art projects will be part of parks and construction and building developments. The arts commission shall carry out all necessary tasks and procedures consistent with established arts policies for the selection, placement and conservation of art works.
(Ord. No. 94-217, § 1, 7-19-94. Code 2001 § 2-306.)
Cross references: Arts commission, Chapter 2.50 FWRC; funds, Chapter 3.50 FWRC.