Ordinance 26670006.12048
WSS/naa
WSS505110
04 /13 /88
R:04/19/88 ORDINANCE NO L667
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF ECC CHAPTER 3.13 BY
AMENDING FCC 3.13.010 TO STATE A POLICY REGARD-
ING PUBLIC ART FUNDING; AMENDING FCC 3.13.020
TO BETTER DEFINE MUNICIPAL CONSTRUCTION
PRC.JECT; AMENDING ECC 3..3.030(B) TO LIMIT
FUND CARRYOVERS; AMENDING ECC 3.13.040 TO
PROVIDE A COMMITMENT FOR MINIMUM FUNDING,
AMENDING ECC 3.13.050 TO PROVIDE FOR THE ROLE:
OF THE COMMISSION IN THE ANNUAL BUDGET PROCESS;
AMENDING ECC 3.13.060 TO BETTER SPECIFY THE
PURPOSE OF THE MUNICIPAL ARTS FUND; ADDING A
VEW EC,: SECTION 3.13.070 CREATING A NEW PUBLIC
NRT ACQUISITION FUND AND FIXING A TIME WHEN THE
SAM- SHALL BECOME EFFECTIVE
WHEREAS, the City of Edmunds thr^ugh its City Council
has previously stated its commitment to provide public art in
conjunction with its financing of municipal construction pro3ects
by the establi-hment of Municipal Arts Fund, codified as Chapter
3.13 of the Edmonds City Code; and
WHEREAS, from time to time corfusion has arisen
regarding the amount of funding and the administration of sucli
funds; and
WHEREAS, the k-ity Council wishes to restate it_
commitment to the arLs and to address prior confusion by the
amendment of Chapter 3.13 in order to more clearly state its
Intent and requirements, NOW, THEREFORE,
FOLLOv, S :
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section I. ECC 3.13.010 Purpose is hereby amended *o
read as follows:
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3.13.010 PURPOSE
The city cF Edmonds accepts the respcnsibility for
expanding public experience throughout the broad
spF-trum of the arts by providing local and cultural
artistic services and programs to its citizens. Artists
•apable of creating for the public in the fields of
visual, w-itten and performing arts should be encourageu
and such is hereby declared to be the policy of the city
�f 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, where applicable, be allocated for the
acquisition of visual art. It shall also be the policy
of th-_, city to provide an annual allocation from the
city's general revenues to the Municipal Arts Fund as
created by Ordinance 1765 of said city for the our,,oses
enumerated in said ordinanc,r.
Section 2. ECC 3.13.020 Definitions, paragraph (B),
relating to the definition of "municipal constructon project" is
hereby amended to read as follows:
3.13.:20 DEFINITIONS.
B. "Municipal cons ruction project" means any project
paid for whol.y or in part by the City of Edmonds
to-onstruct or remodel any building, decorative or
commemorative structure, park, street, sidewalk,
parking facility or utility or any substantial
portion thereof within the limits of the City of '
Edmonds. Municipal constructon project shall not
include routine maintenance, the repair of existing
public facilities or the replacement of fixtures in
such facilities.
Section 3. ECC 3.13.030 +corks of Ar*. and Public
Facilities, paragraph (B), is hereby amended to read as follows:
3.13.030 WORKS OF ART AND PUBLIC FACILITIES
B. The funds authorized and/or appropriated pursuant
to this section shall be held in the Public Art ;
Acquisition Ft_nd. Provided, however, 'ha` if at
the end of any budget year, the said Fund has an
accumulated balance from all sources of $100,000 or
more representing funds which remain unexpended and
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whic.i have not been encumbered or otherwise
committed for the purchase of municipal art, no
turther annual appropriaticn shall be made under
this section until all or that part in excess �f
j100,000 has been expended. Out of such funds, zhe
amity council, after seekinq the advise of the
commission, shall approve the amount to be
allocated for selection, acquisition, and/or
installation of individual works of art to be
placed either as an integral part of the municipal
-instruction project in connection with which the
funds are appropriated, 3r attached thereto, or
detached within or outside such project, or to be
placed in, on or abut other public facilities as
perm,tted by law.
Section 4. ECC 3.12.040 General Revenues to the
Municipal Arts Fund is hereby amended to read as fellows:
3.13.040 GENERAL REVENUES TO THE MUNICIPAL ARTS FUND
In addition to such funds as may be app,-priated
pursuant to sect -ion 3.13.030, the City Council shall
make provision by appropriations to the Municipal Arts
Fund for the purposes enumerated in section 3.13.010 of
this (7hapter. The Council hereby states its commitment
to provide general revenue funding at a level of at
least $15,000 per year, in addition to such monies as
may be appropriated or expended for staff support
services
Section 5. ECC 3.13.050 Commission Responsibilities is
nereby amended to read as follows:
j.13.u50 COMMISSION RESPONSIBILITIES
A. The commission shall annually review all capital
improvement projects as part of the annual budget
process in order to make its recommendation to the
Council as to which projects are subject to funding
under the provisions of ECC 3.13.030. Their review
and recommendation shall be undertaken in
accordance with the following procedure:
1. Phe commission shall meet with representatives
of the City s*3ff as designated by the Mayor
in order to review proposed capi-al
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 et the preparation of the Mayor's
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budget report to the City Council in order
that the recommendations of the commission may
be considered by the Mayor in the preparation
of his budget report.
The City Council shall review as a part of its
budget review the projects and the estimated
expenditures proposed for funding under ECC
3.13.030. The 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 3.13.030 and also shall
determine the level of general revenue funding
to the Municipal Arts Fund for the general
purposes set forth in section 3.13.010.
3. The Counci. recognizes that the final level of
funding cannot be set until such time as bids
for municipal construction projects have been
received and fi►ial contracts approved.
Therefore, the final level of funding shall be
set at the day the bid is accepted and - he
contract approved by the Council. The level
of funding shall not be thereafter increased
to reflect any change orders, provided,
however, the 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 they believe such
action to be in the public interest.
B. The commission steal: be responsible for the term
and t'Ze method of salection in commissioning of
artists, for viewing the design of, execution and
placement of, and acceptance of works of visual
arts funded by this chapter, subject to final
approval by the City Council.
C. The commission shall review at specified intervals
diring the year, applications from arts
organizations within the City, said applications
being for the funding of project cr projects
involving the visual, written or performing arts
which shall directly benefit the public or which
shall promote ,)urism within the (-ity. These
projects shall be funded from the Municipal Arts
Fund according to their individual merits, that
determination be made by the commission, subject to
approval by the City Council.
D. The commission with the consent of the City Council
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may, either alone or in conjunction with other
public or private agencies, initiate or sponsor
public programs designed to heighten public
awareness in any of the aforementioned arts.
Section, 6. ECC 3.13.060 Municipal Arts Fund Created is
-ereby amended to read as follows:
3.13.060 MUNICIPAL ARTS FUND CREATED
There is hereby created a special fund entitled the
"Municipal Arts Fund" into whicn all funds shall be paid
that are received by the city from whatever source for
purpose of providing for the advancement of local
cultural and artistir- programs and services within the
city, incluOing federal, state or other funds to which
,he city may be entitled �iow or in the future, other
funds as the city may from time to tia:e transfer into
said fund, and revenues fr,,-)m performances or projects
sponsored by the Arts Commission.
Section 7. EC'C Chapter 3.13 Mur.cipal Arts Fund is
hereby amended by the addition of a new section 3.13.070 Public
Art Acquisition Fund Created to read as follows:
3.13.070 PUBLIC ART ACQUISITION FUND CREATED.
There is hereby create a special fund entitled the
"Public Art Acquisition Fund" into which all funds shall
be paid that are received from the revenues pursuant to
section 3.13.030 of this code.
Section 8. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after publication of the attached summary which is
hereby approved.
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY /etT !-f
FILED WITH THE CITY CLERK: April 14, 1988
PASSED BY THE CITY COUNCIL: April 19, 198P
PUBLISHED: April 24, 1988
EFFECTIVE DATE: April 24, 1988
ORDINANCE NO. 2667
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