HomeMy WebLinkAbout2866 Establishing 1% for Arts Program
Ordinance No. 2866
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW
CHAPTER 3.50 OF THE PORT TOWNSEND MUNICIPAL CODE,
ESTABLISmNG A 1 % FOR ARTS PROGRAM
WHEREAS, Port Townsend is renowned for being a Victorian seaport with an arts and
cultural heritage; and
WHEREAS, the aesthetic nature and charm of Port Townsend is enhanced by the arts,
and the citizens of Port Townsend hold and enjoy works of art, and promote and encourage
public art programs and the development and public awareness of the visual and performing
arts; and
WHEREAS, the artists and artistic institutions of Port Townsend contribute to and
provide cultural, educational entertainment and recreational benefits available to and used by
the citizens and visitors of Port Townsend and thereby enhance the public environment and
welfare; and
WHEREAS, public art requires and deserves public funding; and
WHEREAS, to further enhance public art in the City, the City Council determines it
appropriate to provide a program for the City to require that visual art be included in City
public works projects, where applicable, and that a portion of the cost of such project, where
applicable, be allocated for the acquisition of visual art.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. New Chapter. There is hereby adopted a new Chapter 3.50 of the Port
Townsend Municipal Code, Public Arts Program - 1 % for Arts, to read as follows:
1
Ordinance 2866
Chapter 3.50
PUBLIC ARTS PROGRAM - 1 % FOR ARTS
Sections:
3.50~010
3.50.020
3.50.030
3.50.040
3.50.050
3.50.060
3.50.070
Purpose and Policy.
Definitions.
Source of funds for municipal construction projects.
General revenues to the municipal arts fund.
Arts Commission responsibilities - Process.
Public arts projects - Reservation of City Council approval.
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 ofthe 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.
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
2
Ordinance 2866
projects, routine maintenance, the repair of existing public facilities, or the replacement of
fixtures in such facilities.
3.50.030 Source of funds for municipal construction projects.
1. 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.
2. 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:
a. 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 proj ect, or capitalized proj ect costs of City staff time spent on the proj ect.
b. 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 non-City funding allows funding to be used for public
art for the project.
c. 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.
d. 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.
e. 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.
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.
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 ofthis chapter. In addition, the commission
shall review and make recommendation on projects at the direction of the City Manager other
3
Ordinance 2866
than during the annual review of capital improvement projects as deemed appropriate by the City
Councilor 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 Councilor City Manager. The target shall be 1 % 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 from
may assign by Resolution or other Council action
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.
4
Ordinance 2866
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.
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.
SECTION 2. Severability. If any provision ofthis ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this ninth day of August, 2004.
~d~ '2 L ~.t
Catharine Robinson, Mayor
Attest:
Approved as to Form:
,\!L ~
John P. Watts, City Attorney
5
Ordinance 2866