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