Chapter 3.28
MUNICIPAL ART FUND
Sections:
3.28.010 Municipal art fund created – Purpose.
3.28.030 Allocations to the municipal art fund.
3.28.050 Transfers of general revenues from the municipal art fund.
Legislative history: Ord. 84-30.
3.28.010 Municipal art fund created – Purpose.
There is hereby created and established a special fund to be known as the municipal art fund into which shall be paid and/or transferred monies from the various departmental funds of the city and from which appropriations may be made and paid for the purpose of selection, acquisition and/or installation of works of art. (Ord. 2007-661 § 1)
3.28.020 Definitions.
The following definitions shall apply to this chapter:
“Cost” means only the city-funded portion of the municipal construction project; provided, that the cost shall not include the cost of real property acquisition, equipment or furnishings, studies, or for project design which does not result in project construction; and provided further, that funds from real estate excise tax, surface water fees, and grants shall be excluded from the cost unless, in the case of grant awards, art is specifically allowed; and provided further, that if applicable laws establishing a source of funds for a particular project exclude art as one of the items for which such funds may be expended, the amount of funds from that source shall be excluded from the cost.
“Municipal construction project” means any project paid for wholly or in part by the city to construct or remodel any portion of any building, decorative or commemorative structure, park, street, sidewalk, trail, or parking facility within the city limits; provided, that such project has a total cost of at least $50,000; and provided further, that municipal construction project shall not mean a project or portion of project involving state or county roads, surface water management, pavement overlays, airport airfields, or airport structures within the city limits; and provided further, that a municipal construction project shall not mean those projects wherein the assessment for art is not permitted by law or which are otherwise excluded by the direction of the city council.
“The arts” means visual artistic media including but not limited to drawing, tapestry, weaving, painting, mural, fresco, sculpture, mosaic, photograph, calligraphy, collage, assemblage, artist made or designed building parts, floor, wall or ceiling treatments, railings, beams, benches, and structural or functional elements of a building or structure.
“Works of art” means products of the arts. Works of art may also include an area of space specifically designed, constructed, and managed as a display area for visual media. (Ord. 2007-661 § 1)
3.28.030 Allocations to the municipal art fund.
A. Municipal Construction Projects. All authorizations and/or appropriations for municipal construction projects shall include an amount equal to at least one percent of the total construction project cost as actually awarded, without adjustment for change orders, to be used for the selection, acquisition, and/or installation of works of art to be placed in or about public facilities. The funds authorized and/or appropriated pursuant to this section will be held in the municipal art fund.
B. General Revenues. The city council may in each bi-annual budget make provision for the allocation and appropriation of general revenues into the municipal art fund.
C. Mitigation Funds. Funds collected to mitigate identified aesthetic, scenic, and cultural impacts of any development may be allocated and appropriated into the municipal art fund. (Ord. 2007-661 § 1. Formerly 3.28.020)
3.28.040 Allocations from the municipal art fund for selection, acquisition, and/or installation of works of art.
The art and beautification board shall recommend to the city council the amount to be allocated for, and the selection, acquisition, and/or installation of, individual works of art. The city council shall have final authority to approve all or any portion of such recommendation, and may take any other action (with or without recommendation) as it deems appropriate. Works of art approved by the city council shall be placed either as a part of the municipal construction project in connection with which such funds for the works of art were appropriated, or may be placed in, on, or about other public facilities and areas as determined appropriate. In the event applicable law required that funds appropriated to a specific project be expended solely for or in connection with such project, said funds shall only be used for or in connection with such project. (Ord. 2007-661 § 1. Formerly 3.28.030)
3.28.050 Transfers of general revenues from the municipal art fund.
Transfers of general revenues from the municipal art fund for other general municipal purposes shall require a majority plus one vote by the city council. (Ord. 2007-661 § 1)