Chapter 3.80
PUBLIC ARTS FUNDING
Sections:
3.80.040 Method of calculation.
3.80.050 General obligation bond proceeds.
3.80.070 Municipal art fund – Established.
3.80.080 Arts commission responsibilities.
3.80.010 Purpose.
The city of Snoqualmie recognizes the importance and benefit of providing opportunities for high quality visual art experiences at public facilities. It is the city’s intention to create a variety of cultural opportunities for its citizens and to enhance the aesthetic and cultural environment in the community by encouraging and promoting the creation and placement of public art. To that end, a policy is hereby established to pool one percent for the arts funds to be used for public art works in certain public facilities that will expand citizen’s access to visual art. (Ord. 913 § 1, 2002).
3.80.020 Definitions.
As used in this chapter, the following terms have the meanings set forth below:
A. “Acquisition of real property” means the purchase of parcels of land or existing buildings and structures, including associated costs such as appraisals or negotiations.
B. “Arts commission” means the Snoqualmie arts commission.
C. “Demolition costs” means the cost of removing buildings or other structures from the property.
D. “Equipment” means equipment or furnishings that are portable.
E. “Public art work” means visual and tactile art works provided in visible public locations for the enjoyment of the general public, including paintings, sculpture, statuary, fountains, and architectural enhancements.
F. “Qualifying capital improvement project” means a project funded wholly or in part by the city of Snoqualmie and costing $100,000 or more to construct, renovate or remodel any public building, decorative or commemorative structure, park, trail, bridge, or any portion thereof, within the city limits. Projects involving the construction, renovation or repair of public streets, sidewalks and parking facilities are not qualifying capital improvement projects within the meaning of this ordinance; provided, that where street, sidewalk or parking facilities construction is an integral and/or incidental part of the construction, renovation or remodel of any public building, decorative or commemorative structure, park, trail, or any portion thereof, the cost of the street, sidewalk and parking facilities construction shall be included within the total cost of the qualifying capital improvement project for purposes of this chapter. (Ord. 913 § 1, 2002).
3.80.030 Appropriations.
All authorizations and/or appropriations for qualifying capital improvement projects shall include an amount of not less than one percent of the total project to be set aside for transfer to the municipal arts fund; provided, such amount to be transferred shall not exceed the sum of $50,000 for any one qualifying capital project; and further provided, the aggregate amount of funds from qualifying capital projects in the municipal art fund unexpended and not designated for a specific public art work shall be limited to $75,000 at any time. The limitation on the aggregate amount of funds shall apply only to funds in the municipal art fund arising from qualifying capital projects and shall not apply to donations or other sources of funds. (Ord. 913 § 1, 2002).
3.80.040 Method of calculation.
For qualifying capital improvement projects, the minimum amount to be appropriated for art shall be the total project cost divided by 100, except that any city funding amount for the acquisition of real property, demolition, or equipment, design, or construction management shall be excluded for the purpose of the calculation. The one percent calculation shall be based on the construction contract or contracts for the qualifying capital project as approved by city council; provided, the amount to be appropriated for art shall not be reduced on account of change orders during construction. When the city council approves the appropriation for the project, such appropriation shall include an appropriation of funds for public art works, as provided in SMC 3.80.030. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to mitigation payments, grants, loans, or assistance from federal, state or other governmental agencies, prohibits, limits or excludes art and artworks as a proper expenditure, then the amount of funds from such source shall be excluded from the computation. (Ord. 913 § 1, 2002).
3.80.050 General obligation bond proceeds.
In the case of a city project that involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and capital purposes consistent with the resolution(s) or ordinance(s) approved by the city council and the voters. (Ord. 913 § 1, 2002).
3.80.060 Uses.
The appropriations from qualifying capital improvement projects shall be pooled into the municipal arts fund. The city council, upon advice and recommendation from the arts commission, shall approve, from time to time, the amount to be authorized for specific one-percent-for-the-arts public art work projects. These funds shall be used for:
A. Selection, acquisition, and installation or display of original works of visual art, which may be an integral part of the qualifying capital improvement project from which all or a portion of the funds were derived, may be placed in, on or about the project, or in another public facility;
B. Repairs and maintenance of one-percent-for-the-arts works;
C. Participation by community members in the creation of public art works funded through the one-percent-for-the-arts program; and
D. 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. 913 § 1, 2002).
3.80.070 Municipal art fund – Established.
There is hereby established a special fund designated “municipal arts fund” into which shall be deposited funds appropriated as contemplated by SMC 3.80.030, together with such other funds as the city council shall appropriate or the arts commission may raise for public art works, and from which expenditures may be made for specific public art works in accordance with the art plan and operation manual policies and procedures. Separate funds shall be created within the municipal arts fund to segregate receipts by source, or when so directed by the city council, for specific public art works. Disbursements from such fund shall be made in connection with projects recommended by the arts commission and approved by the city council. Any unexpended one-percent-for-arts funds remaining in the municipal arts fund at the end of any budget year shall not be transferred to the general fund or to any other fund, or otherwise lapse, but said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in SMC 3.80.060 of this chapter, unless otherwise directed by ordinance of the city council. (Ord. 913 § 1, 2002).
3.80.080 Arts commission responsibilities.
Annually, the arts commission shall prepare and recommend a one-percent-for-the-arts project plan and shall make specific recommendations on the appropriation of one-percent-for-the-arts funds to the city council. The arts commission shall carry out all necessary tasks and procedures consistent with established adopted city of Snoqualmie art plan and operation manual policies and procedures, for the selection, placement, and conservation of public art works. (Ord. 913 § 1, 2002).
3.80.090 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 913 § 1, 2002).