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Ordinance 29760006.90000 WSS/are 02/09/94 rev: 03/01/94 ORDINANCE NO. 2976 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 3.13 MUNICIPAL ARTS FUND BY THE ADDITION OF A NEW SECTION 3.13.100 REQUIRING A PUBLIC HEARING PRIOR TO EXPENDITURES OF MUNICIPAL ARTS FUND MONIES FOR THE PURCHASE OF CERTAIN WORKS OF ART, AMENDING THE PROVISIONS OF CHAPTER 10.20 EDMONDS CIVIC ARTS COMMISSION TO ADD A NEW SECTION 10.20.050 TO INCORPORATE A SELECTION PROCEDURE FOR PUBLIC ART WORKS THAT INCORPORATES A PUBLIC HEARING PROCESS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on June 22, 1993 the Edmonds City Council approved a process for the selection of a public art project to be constructed in concurrence with the new public works facility, and WHEREAS, the approval process delegated to the Edmonds Arts Commission with the responsibility to develop a prospectus, select finalists, conduct a public review and hearing process and make a final recommendation to the City Council regarding the contract, and WHEREAS, the City Council again approved this process by approving a contract with an artist for the public works facility, and WHEREAS, the City Council has requested that the process including a public hearing be incorporated in City ordinances, NOW, THEREFORE, 67291.1 - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.13 MUNICIPAL ARTS FUND is hereby amended by the addition of a new section 3.13.100 Public Hearing Required to read as follows: 3.13.100 Public Hearing Required. Prior to the expenditure of funds from the Municipal Arts Fund for the purchase of a significant public art work, whether free standing or incorporated into the design of a public building, which is visible from a public way or adjacent private properties, a public hearing shall be held in accordance with the provisions of Section 10.20.050. Section 2. Chapter 10.20 EDMONDS CIVIC ARTS COMMISSION is hereby amended by the addition of a new section 10.20.050 Juried Selection Process. 10.020.050 Juried Selection Process. The following process has been developed in order to utilize the expertise of the Commission, acting in conjunction with a representative of the Architectural Design Board on architectural elements of public buildings, and with the comments of the public in order to develop a recommendation to the Edmonds City Council regarding contracts for significant works of public art and all public arts projects, whether freestanding or erected as a part of a design component of a public building, which are visible from public ways or adjacent private property. The Commission in the exercise of its powers shall utilize at least the following elements in the selection process: A. Develop a prospectus for announcing perspective purchases of or commissions for public art. Such a prospectus shall be submitted and finally approved by the City Council prior to publication. 67291.1 - 2 - B. Obtain proposals through appropriate public advertisements and direct mailings to artists of note. The advertisement need not be confined to the City's official newspaper. Rather the Commission may utilize other magazines and newsletters which are better designed to reach the artistic community, and particularly artists whose work is compatible with the type of work contemplated by the Commission and approved by the City Council. C. The Commission shall establish a jury to select finalists from among the members of the Commission. The jury shall also include a representative of the Architectural Design Board when appropriate to comment on architectural elements of public buildings, the City Council and the public. D. The finalists for any project shall be presented at a public hearing before the jury. The public shall be heard in conjunction with the presentation of the finalists' proposals. Notice of the hearing shall be posted at the site and the locations designated by ordinance for the posting of official City notices. Posting shall be performed by the City Clerk or the Clerk's designee. A public hearing on an art work or design component of a public facility which is visible from a public way or adjacent private property shall also direct written notice of the hearing to the owners of private property within three hundred (300) feet of the site selected for the erection of the work. E. The jury through the Commission shall make its recommendation to the City Council in writing and present the artist and proposed work of art to the City Council at a public hearing. Notice of the hearing shall be provided as set forth in subparagraph D above. 67291.1 - 3 - Section 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: (D- MAYOR PRO TEM, CTOHN NORDQUIST ATTEST/AUTHENTICATED: C TY CLERK, ONDA J. MARCH APPROVED AS TO FORM: OFFICE O CIT TTORNEY: BY FILED WITH THE CITY RK: 3/2/94 PASSED BY THE CITY COUNCIL: 3/15/94 PUBLISHED: 3/20/94 EFFECTIVE DATE: 3/25/.94 ORDINANCE NO. 2976 67291.1 - 4 Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOIVISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, SUMMARY OF ORDINANCE NO.2976 and State of Washington; that said newspaper is a newspaper of of the City of On the°isffiWday lot March general circulation in said County and State; that said newspaper 1"41 the City Council of the City ' of Edmonds, ppassed has been approved as a legal newspaper b order of the Superior Ordinance No. 299a A pp g p y p summary of the corrtent of said ortllnance, conslstlnp of Court of Snohomish County and that the notice ........................................ the title provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS WASHINGTON AMENDING THE PROVISIONS o ^7 G OF CHAPTER 3.13 MUNICIPAL S-LIICI l.�.1: ' Q QXd� T) �.-e-.. Q-•--- 29-7-V---------------......--•--•----------- ARTS FUND BiTRE A73UM0W-0F A NEW SECTION 3.13.100 REQUIRING A PUBLIC HEARING PRIOR ;TO EXPENDITURES OF Clty.... Of-- Edmonds-----------" "' ................. '--"------------------ - -......----- MUNICIPAL ARTS FUND MONIES FOR THE PURCHASE OF CERTAIN WORKS OF ART AMENDING THE PROVISIONS OFCHAPTER 10.20--•-------•----------------------------------------------------------------- ------- ------ ------- ---------------------- EDMONDS CIVIC ARTS CUNMI ION TO To wcoR_ a printed copy of which is hereunto attached, was published in said .SECTRPORATE A SELECTION PROCEDURE FOR PUBLIC newspaper proper and not in supplement form, in the regular and ART WORKS THAT INCORPO- RATES A PUBLIC HEARING PROCESS AND FIXING A entire edition of said paper on the following days and times, namely: TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed request. M RFSO DAIJ. MARCH Ypof MdY'CYl----20- 1'9 9 -------------------------------------------------- - ....._.............. CHy Clerk Publlshed: March 20, 1994. and that said newspaper was regularly distributed to its subscribers duri of sai period. G< ................. ....... ................................................... .......................... - L Principal Clerk Subscribed and sworn to before me this ...... 2-1s:t.......... day Mare . .....................••----- 19..9A -- ---------- _ ----------------------------------------- ---- Notary Public in and for th State f Washington, residing at Everett, Snoho ish Co nty. (J)r` 0 6t9S4 �F OF B-2-1