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Ord 94-217 ORDINANCE NO. 94-217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ART IN PUBLIC PLACES, ESTABLISHING A POLICY OF PERCENT FOR PUBLIC ARTS FUNDING, AND AMENDING FEDERAL WAY CITY CODE BY ADDING A NEW CHAPTER. WHEREAS, the city of Federal Way recognizes the important role art in public places plays in the cultural enrichment of community environment. It is the city's intention to create a variety of cultural opportunities for its citizens and to enhance the cultural environment in the community by encouraging and promoting the creation and placement of art in public places and the incorporation of art into project design. A policy is therefore established to set aside funds to be used for incorporation of art into certain public project locations which will expand citizens' awareness and appreciation of visual art; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: section 1. A new chapter is added to the Federal Way City Code as follows: section X.l0.000 Establishment of Art in Public Places Fund. There is hereby established in the City treasury a special fund to be known and designated as the "Art in Public Places Fund" for the purpose of providing funding for 2%-For- The-Arts projects. section X.I0.001 Definitions. As used in connection with the Art in Public Places Funds and 2%-For-The-Arts projects, the following terms have the meaning set forth below: A. "Acquisition of Real Property" means the purchase of parcels of vacant or unimproved land, including associated costs such as appraisals or negotiations. ORD. # 94-217 , Page 1 COpy B. "Art in Public Places" means any expression by an artist of visual works of art available to the public in an open City-owned facility in areas designated as public areas, or on non-city owned property if the incorporation of the art project is installed or financed, either in whole or in part, by the City. C. "Arts commission. Commission" means the Federal Way Arts D. "Demolition Costs" means the cost of buildings or other structures from the property. removing E. "Equipment" means equipment or furnishings that are portable. F. "Qualifying Capital Improvement Project" means projects funded wholly or in part by the City of Federal Way to construct or substantially remodel any public project including buildings, decorative or commemorative structures, parks, or any portion thereof; provided, however, that any City funded amount for the acquisition of real property or equipment or for demolition shall be excluded for the purposes of the calculation of total project cost. G. "Substantially" means when the cost of the project construction, renovation, repair or remodel funded by city monies exceed the sum of $25,000. section X.I0.002 Deposits to the Art in Public Places Fund. All authorizations and/or appropriations for qualifying capital improvement projects shall include an amount of not less than two percent (2%) of the total project cost funded by City monies to be set aside for transfer to the Art in Public Places Fund. section X.I0.003 Method of Calculation of Total Project Cost. For qualifying capital improvement projects, the minimum amount to be appropriated for art in public places shall be as follows: A. The amount shall be based on the total amount of the awarded contract as originally approved by the City Councilor as subsequently amended multiplied by two percent (.02). B. In the case of a City project which involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and for capital purposes consistent with the authorizing resolution or ordinance approved by the City Council and the voters. ORD. # 94-217 , Page 2 section X.10.004 Uses of Art in Public Places Funds. The appropriations from qualifying capital improvement projects shall fund the Art in Public Places Fund. All Arts in Public Places funds shall be expended upon the project in which the funds were appropriated. Any diversion of funds from the projects in which they were appropriated shall be conditioned upon prior approval of the City Council. These funds may be combined with any gifts, donations, or grants so designated, and shall be used for: A. Selection, acquisition, and installation or display of original works of visual art which may be incorporated in the project, on or about the project, or, upon approval of city Council, in another public facility within the city; and B. Repairs and maintenance of public art acquired with 2%-For-The-Arts Funds; and c. other project specific expenses of selection and acquisition; provided that, no part of the funds shall be used to pay administrative staffing expenses of the program. section X.10.005 Carryover of Fund. Any unexpended 2%-For-The-Arts funds which remain in the Art in Public Places fund at the end of any budget year shall not be transferred to the general fund or otherwise lapse, but said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in section X.10.005 above, unless otherwise directed by city Council. section X.10.006 Responsibilities Regarding Art in Public Places Funds. of Arts commission Annually, the Arts commission shall make recommendations to the City council that will reflect short and long range planning for the incorporation of art and sites regarding the appropriation of 2%-For-The-Arts funds. The recommendations will relate to but will not be limited by the following: A. The incorporation of art projects will be responsive to the developing public art needs of the community; B. The incorporation of art projects will reflect the scope, scale and character of the site; and c. The incorporation of art projects will be part of parks and construction and building developments. The Arts Commission shall carry out all necessary tasks and procedures consistent with established arts policies for the selection, placement and conservation of art works. ORD. # 94-217 , Page 3 Section 2. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication of an approved summary consisting of the title hereto as provided by law. this PASSED by the Ci~ Council of the city of Federal Way /tJrh day of \../tÍ~ ' 1994. CITY OF FEDERAL WAY /?~ÆU- ¿ Yftb~ MAYO, M¥"Y E. GATES ATTEST: ~ (a¿~-k~k~ ~ CITY CLERK, MAUREEN M. SWANEY, CMC APPROVED AS TO FORM: ~~ . ~, Fi/L- /éi~~Y'CAROLYN A. LAKE FILED WITH THE CITY CLERK: June 28, 1994 PASSED BY THE CITY COUNCIL: July 19, 1994 PUBLISHED: July 23, 1994 EFFECTIVE DATE: August 18, 1994 ORDINANCE NO. 94-217 K:\ORDIN\ARTS.CNC ORD. # 94-217 , Page 4