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HomeMy WebLinkAbout4940 ORDINANCE NO. ~9~o AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a City of Bremerton Arts Commission and a One Percent (1 %) for the Arts Program for City funded capital projects. WHEREAS, Public Art is recognized as a stimulus to the vitality, economy and culture of our community, enhancing the quality of life for all citizens because of its public nature; and WHEREAS, the City Council desires to establish a City of Bremerton Arts Commission; and a One Percent (1 %) for Arts Program for the City; and WHEREAS, the City Council desires to establish procedures for the acquisition and display of art for the One Percent (1 %) for Arts Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter of the Bremerton Municipal Code, Chapter 2.32 entitled "Arts Commission" is hereby created to read as follows: . Chapter 2.32 ARTS COMMISSION 2.32.010 PURPOSE OF ARTS COMMISSION. (a) The City ofBremerton supports expanding experiences with the arts throVgh Public Art to enhance the quality oflife for its citizens. Public Art has enabled people in all societies to understand more clearly their communities and individual lives. Artists creating art for public places benefits the community and enhances the City's standing as a center for artists. A policy is therefore established to direct the inclusion of works of art in public places ("Public Art") in the City through a program to be known as "One Percent (1 %) for Arts Program" funded through a One (1 %) Percent for Arts Fund as set forth in Chapter 3.12 BMC. In administering the Arts Program, it is the City's desire to: (1) Enhance and enrich the City's physical environment and public spaces. (2) Consider opportunities to celebrate the multi-cultural and diverse character of Bremerton. (3) Contribute a sense of ownership and pride in spaces and public facilities to Bremerton citizens. 2.32.020 ARTS COMMISSION ESTABLISHED. (a) Membership. The Arts Commission shall consist of seven members. Members shall include but not be restricted to representatives of: painters, sculptors, music, literature, I 1 % for Art Fund architects, and landscape architects. Appointment to the Arts Commission shall be made by the Mayor subject to confirmation by the City Council. (b) Terms. Terms of office shall consist of four (4) year staggered terms with the initial terms consisting of two (2) members with four (4) year terms, two (2) members with three (3) year terms, two (2) members with two (2) year terms and one (1) member with a one (1) year term. ( c) Compensation. Commissioners shall serve without compensation. (d) Conflict of Interest. No City official or employee may be a member of the Arts Commission, nor may any citizen having a conflict of interest be a member of the Arts Commission. No Commission member may submit work for consideration during his/her term of office. As soon as a conflict of interest becomes apparent, the commission member shall disclose to each ofthe members voting on the matter the nature of his /her interest in the issue and shall be disqualified from participating in any debate, decision or vote relating to that issue. ( e) Administrative Support. The Department of Community Development shall provide administrative support for and work with the Arts Commission to carry out its duties. (f) Maintenance. The Arts Commission shall oversee the conservation and maintenance of any Public Art and shall prepare reports as requested for submittal to the City Council on the condition and maintenance requirements of all Public Art. (g) Community Outreach. The Arts Commission shall support citizen forums and workshops, gather information and/or assist in education/informing the public about Public Art and the City's Public Art collection. (h) Rules and Procedures. The Arts Commission shall establish rules and procedures it deems necessary and appropriate to administer and implement the One Percent (1 %) for Arts Program. These rules and procedures may address the following: (1) Methods for selection of artists and art for Public Art projects; (2) Incentives for the inclusion of art in private projects; (3) Artists' rights and responsibilities relative to Public Art; (4) Maintenance and preservation of Public Art; (5) Decommissioning and removal of Public Art; (6) Public education and community outreach; (7) Private funding and gifts for Public Art. 2.32.030 ART/ARTIST SELECTION. (a) Planning. Artists may be selected to assist in the evaluation of options, strategies, limitations, opportunities for art, and aesthetic design in capital projects before the scope, quality, schedule, and budget are fixed. (b) Site Specific Work. Artists may be selected to design artwork for a specific location. ( c) Individual Works of Art. Artists may be commissioned to create a work of art or existing works of art may be acquired. SECTION 2. A new chapter ofthe Bremerton Municipal Code, Chapter 3.12 entitled "One Percent (1 %) for Arts Fund" is hereby created to read as follows: 2 1 % for Art Fund Chapter 3.12 ONE PERCENT (1 %) FOR ARTS FUND 3.12.010 DEFINITIONS. (a) "Art Advisory Panel" is a committee consisting of a group of individuals, including artists, art and design professionals and non-artist citizen representatives appointed by the Chair of the Commission to advise and assist the Commission in selecting artists to provide works or services to the City under the Arts Program. The Commission is encouraged to appoint a broad range of citizen participation on the Panel. An advisory panel may be directed by the Chair to consider a single project or multiple projects and more than one panel may be appointed and serve concurrently to consider separate projects. (b) "Arts Commission or "Commission" means the commission established in Chapter 2.32 BMC. (c) "Arts Fund" or "One Percent (1 %) for Arts Fund" means the common pool for appropriated funds and donations that are accumulated pursuant to this chapter. (d) "Arts Program" or "One Percent (1 %) for Arts Program" means the policies and strategies that will identify opportunities and implement a program for creation and display of Public Art within the City as well as determine project budgets for Public Art. This task shall be implemented by the Arts Commission and staff working in partnership with Project Departments and citizens. (e) "Capital Improvement Project" means any city funded project(s), or any city funded portion thereof, including funds received from outside sources, as specifically identified in the City's Capital Improvement Program except that Capital Improvement Project does not mean; (1) capital improvement projects of municipal utilities as set forth in Chapter 15 BMC, (2) capital improvement projects identified in the arterial street fund as set forth in Chapter 3.24 BMC (3) capital improvement projects identified in street fund (102). (4) that portion of capital improvement projects funded by CDBG funds, (5) general maintenance of any project. (6) capital equipment. (7) that portion of capital improvement projects funded from sources that precludes expenditures for public art, or (8) that portion of capital improvement projects already subjected to a dedicated art funding program. (f) "CDBG" means Community Development Block Grant. (g) "City" means the City ofBremerton. (h) "Commission" means the Arts Commission established in Chapter 2.32 BMC. (i) "Commissioner" means an individual appointed to serve as a member ofthe Arts Commission. (j) "Construction Cost" is defined to include actual construction costs, architectural and engineering fees, project administration, site preparation, and contingency allowances. It does not include land acquisition, financing, sales tax, furnishings, fixtures or equipment. "Council" or "City Council" means the Bremerton City Council. 3 1 % for Art Fund (k) "Project Department" means the department or division ofthe City responsible for construction of a Capital Improvement Project. (1) "Public Art" means original visual creations which are sited in a manner accessible and visible to the public and shall include the production or arrangement of sounds, colors, forms, movements or other elements in a manner that enhances the sense of beauty and has aesthetic value. Public Art may also include artist made or designed building parts that are structural or functional elements of a building, structure, park or other facility. Public Art may include an area or space specifically designed, constructed and managed as a display area for other works of art. Public Art shall also mean Performing Art. (m) "Public Space" is any place or property within the City limits which is open to the general public for its use, or which is in public view, or is generally accessible and visible to the public. (n) "Site Preparation" shall mean all work performed in, on, or around a project site in anticipation of subsequent construction work inclusive of, but not limited to, select demolition, rough grading, environmental assessment and remediation, erosion control and security fencing. 3.12.020 ONE PERCENT (1 %) FOR ARTS FUND ESTABLISHED. (a) Project funds for Capital Improvement Projects as calculated and established in Section 3.12.030 as well as donations made to the Arts Program shall provide the revenue for purchase of Public Art. At the request of the donor, donations may be earmarked for particular projects. (b) The One Percent (1 %) for Arts Fund is hereby established. If the one percent (1 %) amount authorized for a given project is not expended, or if a surplus is available due to the work of art costing less than one percent (1 %) ofthe total project cost, then the non-expended amount shall be deposited and pooled into the "One Percent (1 %) for Arts Fund" for use on projects approved by the Commission. 3.12.030 FUNDING BASIS. Beginning with the City's fiscal year 2006 budget, all Capital Improvement Projects as defined in this Chapter will contribute to the One Percent (1 %) for Arts Fund. (a) Calculation of Contribution to Fund. The amount of the annual appropriation for art shall be equal to one percent (1 %) of the total eligible funds of Capital Improvement Projects as follows: (1) At a minimum, the amount budgeted for art in a Capital Improvement Project shall be equal to one percent (1 %) ofthe total Construction Costs as bid and awarded. (2) In all cases where a Capital Improvement Project has a scope of work that includes both eligible and ineligible elements and categories, the budget for art shall be calculated, at a minimum, in the eligible portions ofthe project. In all cases where a Capital Improvement Project includes a source of funds which is eligible for a Public Art purpose but which may not be pooled with other funds and may not be used for another or different project, the budget for art in that Capital Improvement Project shall include one percent (1 %) of such eligible funds. (b) Pooling of Funds. A policy is hereby established to direct the transfer to and pooling of all One Percent (1 %) for Arts Fund Program monies in the Arts Fund. Pooling affords the opportunity to look at the needs of the City as a whole and use the art monies only for 4 1 % for Art Fund those projects which may have the greatest value and impact on communities or offer the best opportunities for artist involvement. (c) Appropriation of Funds. At the time a Capital Improvement Project is proposed, the Project Department shall calculate and include a budgeted line item for the Arts Fund associated with each eligible project. The Finance Department shall confirm the calculations and include the appropriations for art in the proposed City budget. The amounts budgeted for the Arts Fund in particular projects may be adjusted to reflect Council changes to the budget for the Capital Improvement Project. All amounts budgeted for the Arts Fund shall be transferred directly into the Arts Fund. Fund transfers to the Arts Fund will occur as soon as practicable after a bid has been awarded for the project. 3.12.040 SELECTION OF PUBLIC ART. (a) Each project providing funds to the Arts Program may apply to the Arts Program for funding for any art proposed to be incorporated into the project. (b) The Arts Commission shall make selections of the artists and the Public Art to be funded through the Arts Program and maintenance and repair programs, as appropriate, for the selected Public Art, subject to confirmation by the City Council. The Arts Commission may empanel an Art Advisory Panel to assist in this selection. The contracts commissioning art shall address the issue of ownership. 3.12.050 MAINTENANCE AND REPAIR OF PUBLIC ART. The Parks and Recreation Department shall be responsible for the maintenance and repair of all Public Art except as otherwise provided for under any maintenance and repair program established by the City Council pursuant to section 3.12.040 above. Funding sources for the maintenance and repair of Public Art may include the Parks and Recreation Department budget, other city department budgets, other sources approved by the City Councilor the Arts Fund. 3.12.060 AUTHORIZED EXPENDITURES FROM ARTS FUND. Subject to expenditures for the selection of Public Art and any maintenance and repair programs approved pursuant to section 3.12.040 above, expenditures may be made from the Arts Fund, upon approval of the City Council, for anyone of the following purposes: (a) The selection, acquisition, and display of works of art which may be an integral part of a project or which may be placed in, on, or about a project or other public space. (b) Artist fees, design, planning, and pre-design service contracts and commissions. (c) Expenses for technical assistance provided by architects and/or engineers to artists in order to design, document, and/or certify the artwork. (d) Maintenance and repair of City Public Art benefited by the One Percent (1 %) for Arts Fund. (e) Citizen forums and workshops to gather information and/or educate/inform the public about Public Art and the City's Public Art collection. (f) Documentation and public information material for the One Percent (1%) for Arts Program and Public Art projects. (g) Performing Art. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not 5 1 % for Art Fund affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effictive Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ";'O:fi.) day of y,t<j , 2005 ~~~resideni Approved this f:;t:,L day of CARY BOZEMAN, Mayor P PUBLISHED the ~-t' , day of (),;'4 . ' 2005 EFFECTIVE the .Jj~1u day of ~~ ,2005 ORDINANCE NO. "I~Jl...ltJ R:\LEGAL \Ordinances\Art Ordinance.doc 6 1% for Art Fund AFFIDAVIT OF PUBLICATION Account #42742/ Ad #100162830 STATE OF WASHINGTON COUNTY OF KITSAP I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap , in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper on the following dates, to wit: July 25, 2005 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $28.15 which amount has not been paid in full. ~~~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 2, 2005. ORDINANCE NO. 4940' Notary Public in and for the State of Washington, Kitsap County. AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a City of Bremerton Arts Commission and a One Percent (1 %) for the Arts Program for City funded capital projects.- PASSED by the City Council the 20th day of July, 2005.- The full text of this ordinance is available from the City Clerk's Office, 345 6th Street, Suite 600, Bremerton, W A 98337.- July 25, 2005"#100162830-