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Ordinance 29710006.90000 WSS/are 01/20/94 ORDINANCE NO. 2971 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE CHAPTER 3.13 MUNICIPAL ART FUNDS TO ADD A NEW SECTION 3.13.090 PUBLIC ARTS PROJECTS EXEMPT: RESERVATION OF CITY COUNCIL APPROVAL, DIRECTING THE CODIFIER TO CROSS REFERENCE SUCH RESERVATION OF RIGHTS IN CHAPTER 20.10 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has established a municipal arts fund for the purpose of purchasing public art for use in conjunction with public works projects, and WHEREAS, public art is by its nature intended to stimulate public consciousness and, may at times be controversial, and WHEREAS, the approval process for public art projects includes members of the Cityfs Art Commission, the Architectural Design Board and the City Council and provides for public input through a public juried selection process and a public hearing regarding the art work and its siting, and WHEREAS, the provisions relating to the Architectural Design Board are so broad that they could be interpreted to include the requirement of Architectural Design Board review for the siting and erection of publics arts purchased through the municipal arts fund, and 65696.1 - 1 - WHEREAS, the City Council finds further review by the Architectural Design Board would be redundant in light of the juried selection process, and public hearing process, and WHEREAS, appeals from the decision of the Architectural Design Board are to the Edmonds City Council, and WHEREAS, the City Council therefore finds it would be redundant to require Architectural Design Board approval of specific arts projects when the facilities at which they are located are subject to Architectural Design Board review and final decision making authority is vested in the City Council, NOW, THEREFORE, 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 3.13.090 Public Arts Projects Exempt: Reservation of City Council Approval to read as follows: 3.13.090 Public Arts Protects Exempt: Reservation of City Council Approval. The City Council specifically reserves to itself final decision making authority regarding the purchase, erection, siting and installation of works of public art. The City Council indicates its intention to use a selection process and public hearing procedures which incorporate members of the City's Arts Commission as well as its Architectural Design Board. In the event of conflict with any other section of the code, this section shall prevail. Specifically, the provisions of Chapter 20.10 of the Edmonds Community Development Code shall not be interpreted to require Architectural Design Board approval 65696.1 - 2 - prior to the selection, siting, erection or installation of a work of public art. Section 2. The City Clerk and the City Attorney are hereby directed in the course of codifying the City Code to provide a cross reference in Chapter 20.10 of the Edmonds Community Development Code to this section notifying the Architectural Design Board and others of this exemption from Architectural Design Board review. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. AM i ATTEST/AUTHENTICATED: 4CT Y CLERK, ONDA�JM�ARCH� APPROVED AS TO FORM: OFFICE OF THF.,CITY ATTORNEY: BY FILED WITH THE CITYRK: 1/20/94 PASSED BY THE CITY COUNCIL: 1/25/94 PUBLISHED: 1/30/94 EFFECTIVE DATE: 2/4/94 ORDINANCE NO. 2971 65696.1 - 3 - STATE OF WASHINGTON, J COUNTY OF SNOHOIVIISH, DE AND FIXING A TIME W WHEN THE'. SAME SHALL BECOME EFFECTIVE. Or".onc. ",III beXmalled upon' request. DATED this 261h day of i January 1994 RHUNDA J. MARCH City Clerk Publlshed: January 30, 1994. Affidavit of Publication 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, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ -aummary.. of-. a dinanc-c---Rio-,----ZVI.•---------------------------------------------------- -City of Edmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: .January..aQ., -1994.-------- -•--------•-•-----------------------------•---• ---------------------•--•-------....---...----•-................----................... and tys4i—newsaper was regularlydistributed to its subscribers durineriod. incipal Clerk f Subscribed and sworn to before me this........31 s ......... d f............. Ja uar ............--•-•-.. 19 94... ------------------------------------ ---------- --------- •----------•------------••------------••--••-----....... • Notary Public in and for the tate of Washington, residing at Everett, Sn o ' h County. 55?-,1; A j N 0. r 1�Fs G B-2-1