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Ordinance 1802ORDINANCE NO. 1802 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO ART IN THE CONSTRUCTION OF PUBLIC WORKS AND REQUIRING A CERTAIN PERCENTAGE OF THE COST OF SAID PUBLIC WORKS TO BE ALLOCATED FOR THE ACQUISITION OF VISUAL ART TO ENHANCE THE CONSTRUCTION; STATING THE INTENT TO APPROPRIATE A CERTAIN PERCENTAGE OF THE CITY'S ANNUAL GENERAL REVENUE TO BE PLACED IN THE MUNICIPAL ARTS FUND AS DESCRIBED IN ORDINANCE 11dO. 1765, FOR ALLOCATION TO THE OTHER FORMS OF ART. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The City of Edmonds accepts the responsibility for expanding public experience throughout the broad spectrum of the arts. 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 Edmonds. 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 be allocated for the acquisition of visual art. It shall also be the policy of the City to require that a percentage of the City's general revenues be allocated annually to the Municipal Arts Fund as created by Ordinance 1765, of said City, for the purposes enumerated in said Ordinance. Sectinn 2_ nefinitinn.-_ (1) "Commission" means the Edmonds Civic Arts Commission. (2) "Municipal Construction Project" means any project paid for wholly or in part by the City of Edmonds to construct or remodel any building, decorative or commemorative structure, park, street, sidewalk, parking facility or utility, or any portion thereof, within the limits of the City of Edmonds. Section 3. Works of Art and Public Facilities (1) All authorizations and/or appropriations for municipal construction projects shall include an amount equal to at least one (1) percent of the total project cost (as estimated by the City in the year in which the project is actually initiated) to be used for the selec- tion, acquisition and/or installation of works of art to be placed in, on or about public facilities unless specifically excluded from the project by the City Council. Provided, however, 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 "total project cost" in making said calculation. Provided further, that in the event applicable law requires that all such funds be expended for art in a municipal construction project are required to be expended solely for that project, such funds thus appropriated shall only be used for that project and in the event such funds are not expended by the time of completion of said project, such appropriation shall lapse and the total cost of the project reduced by that amount. (2) The funds authorized and/or appropriated pursuant to this section may be held in the Municipal Arts Fund. Out of such funds, the City Council, after seeking the advise of the Commission, shall approve the amount to be allocated for selection, acquisi- tion, and/or installation of individual works of art to be placed either as an intergral part of the municipal construction project in connection with which the funds are appropriated, or attached thereto, or detached within or outside such project, or to be placed in, on or about other public facilities as permitted by law. Section 4. General Revenues to the Municipal Arts Fund. That in addition to the funds appropriated pursuant to Section 3 hereinabove, the City Council shall each annual budget make provision for the allocation and appropriation into the Municipal Arts Fund for the purposes enumerated in Section 1 of this Ordinance. Provided further, however, that at such time as the Municipal Arts Fund has an accumulated balance of $100,000. no further annual appropriation under this section shall be made for said fund until all or a portion of said funds are expended. Section 5. Commission Responsibilities. (1) The Commission shall make an annual review of all capital improvement projects with the mayor or his representative to determine which projects are appropriate for inclusion of works of visual art. If such inclusion is determined not to be appropriated for a given project, the funds allocated shall be handled as provided in Section 3 (3) above. (2) The Commission shall be responsible for determin- ing the method of selection and commissioning of artists; for reviewing the design of, execution and placement of, and acceptance of works of visual art funded by this Ordinance, subject to final approval by the City Council. (3) The Commission shall review at specified intervals during the year applications from arts organizations in the City, said applica- tions being for funds for a project involving the visual, written, or performing arts which will directly benefit the public. These pro- jects will be funded from the Municipal Arts Fund according to their individual merits, that determination to be made by the Commission, subject to approval by the City Council. (4) The Commission with the consent of the City Council may, either alone or in conjunction with other public or private agencies, initiate or sponsor public programs designed to heighten public interest in any of the aforementioned arts. APPROVED: MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENFVARNEY MORAN FILED WITH THE CITY CLERK: November 19, 1975 PASSED BY THE CITY COUNCIL: November 25, 1975 PUBLISHED: December 3, 1975