Chapter 3.50
PUBLIC ARTS PROGRAM – ONE PERCENT FOR ARTS
Sections:
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.
A. The city of Port Townsend accepts the responsibility for expanding public experience throughout the broad spectrum of the arts by providing local and cultural artistic services and programs to its citizens. Artists capable of creating for the public in the fields of visual, written and performing arts should be encouraged, and such is hereby declared to be the policy of the city of Port Townsend.
B. In harmony with this policy it should be the policy of the city to require that visual art be included in any city public works project, where applicable, and that a portion of the cost of such project, where applicable, be allocated for the acquisition of visual art.
C. It shall also be the policy of the city to provide an annual allocation from the city’s general revenues to a municipal arts fund or programs of the city for the purposes enumerated in this chapter.
D. Public art shall not be inconsistent with the city’s comprehensive plan goals and purposes, zoning and subdivision ordinances, and land uses contemplated therein.
E. Public visual art consisting of natural materials and requiring little or no maintenance, and which are appropriate in size, color and configuration for their location, will be preferred.
F. Whenever appropriate, public art by artists with local or regional emphasis and backgrounds will be given priority. (Ord. 2866 § 1, 2004).
3.50.020 Definitions.
A. “Commission” means the Port Townsend arts commission.
B. “Municipal construction project” means any project paid for wholly or in part by the city of Port Townsend to construct or remodel any building, decorative or commemorative structure, park, street, sidewalk, or any substantial portion thereof within the limits of the city of Port Townsend. “Municipal construction project” for purposes of this chapter shall not include: above ground utility projects (unless specially determined by the city council), below ground utility projects, routine maintenance, the repair of existing public facilities, or the replacement of fixtures in such facilities. (Ord. 2866 § 1, 2004).
3.50.030 Source of funds for municipal construction projects.
A. For each municipal construction project as defined in PTMC 3.50.020, the city council states its intent to place in the construction budget an amount equal to one percent of the project’s capitalized costs to the city for placement of an artwork or works as part of the construction project, subject to the provisions and processes set forth in this chapter. The city’s contributions to the project pursuant to this chapter shall be funded from the city’s current expense fund.
B. For purposes of determining the amount to place in the construction budget for public art, the project’s capitalized costs to the city shall include:
1. All capitalized amounts estimated to be paid by the city to third parties in connection with the project including, but not limited to, amounts estimated to be paid on contracts relating to the project, but not including: sales tax, consultant fees, or fees or charges related to preparing plans, specifications or engineering incurred in connection with the project, or capitalized project costs of city staff time spent on the project.
2. In computing the amount to place in the public art account, the project’s capitalized costs to the city shall not include any portion of the project’s cost which is not funded by the city, unless the noncity funding allows funding to be used for public art for the project.
3. The city’s contributions to the public art account pursuant to this chapter may include developer art contributions if the contributions have been approved by the designated agency.
4. In the event any law, rule or regulation establishing a source of funds for a project prohibits, limits or excludes art as a proper expenditure of funds on the part of any other entity participating in the cost of the project, then the amount of funds acquired from such source shall be limited or excluded to the extent required by law in computing the amount to include in the authorization or appropriation for the project and to place in the cultural resources subfund.
5. Funds authorized or appropriated pursuant to this chapter in connection with public art for a project, but not spent on that project, shall be returned to the general fund, or otherwise as required by contract or law, or as directed by council. (Ord. 2866 § 1, 2004).
3.50.040 General revenues to the municipal arts fund.
In addition to such funds as may be appropriated for municipal construction projects, the city council states its intent to fund as part of the annual budget an appropriation to the municipal arts fund or other arts programs for the purposes enumerated in this chapter. (Ord. 2866 § 1, 2004).
3.50.050 Arts commission responsibilities – Process.
A. The commission shall make an annual review of all capital improvement projects as part of the annual budget process in order to make its recommendation to the city council as to which projects are subject to funding under the provisions of this chapter. In addition, the commission shall review and make recommendation on projects at the direction of the city manager other than during the annual review of capital improvement projects as deemed appropriate by the city council or city manager. Their review and recommendation shall be undertaken in accordance with the following procedure:
1. The commission shall meet with representatives of the city staff as designated by the city manager in order to review proposed capital improvement projects and to determine which projects are municipal construction projects subject to funding under the provisions of this chapter. Such review shall take place in advance of the preparation of the city manager’s budget report to the city council in order that the recommendations of the commission may be considered by the city manager in the preparation of his or her budget report, and at other times as deemed appropriate by the city council or city manager. The target shall be one percent of eligible capital costs of municipal construction projects.
2. The city council shall review as a part of its budget review, and at other times as it deems appropriate, the projects and the estimated expenditures proposed for funding. The city council retains its discretion to determine whether or not it is appropriate for such funding to be incorporated as a part of the budget and shall fix at the date the budget is approved the estimated expenditures for public art to be funded in accordance with the provisions of this chapter and also shall determine the level of general revenue funding to the municipal arts fund for the general purposes set forth in this chapter.
3. The city council determines to establish the level of funding at such time as substantial construction plans for municipal construction projects have been prepared and approved by the city council; provided, the city council, in its sole discretion, may choose to limit or eliminate funding in the event of a significant budget overrun for a particular project, if it believes such action to be in the public interest.
B. The commission shall be responsible for working with the city manager (or designated staff) to recommend to the city council the method of selection for commissioning of artists, for reviewing the design of, execution and placement of, and acceptance of works of visual art funded by this chapter, subject to final approval by the city council.
C. The commission shall have such other duties and responsibilities as the city council may assign by resolution or other council action. (Ord. 2866 § 1, 2004).
3.50.060 Public arts projects – City council approval.
The city council specifically reserves to itself final decision-making authority regarding the funding, purchase, erection, siting and installation of works of public art; provided, nothing prevents the city manager authorizing temporary (not to exceed one year) placement of works of public art. The city council indicates its intention to use a selection process and public process which incorporates members of the city’s arts commission, and which provides opportunity to citizens to comment on any aspect of funding, purchase, erection, siting and installation of works of public art.
For public art proposed for installation in an area subject to design review, the city council will process the installation through the city’s design review processes.
Once installed, art work is solely owned and maintained by the city. City council has final authority to relocate, remove, or destroy artwork, following recommendation from the arts commission. Loaned art may be accepted by the city manager for a period not to exceed one year, and by the city council for a period not to exceed two years. (Ord. 2874 § 1, 2004; Ord. 2866 § 1, 2004).
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. 2866 § 1, 2004).