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Home My WebLink AboutORD 59481 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5948 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 2‐8‐6 AND 2‐8‐7 OF THE RENTON MUNICIPAL CODE, BY REORDERING PROVISIONS, AMENDING THE CITY ART COLLECTION REGULATIONS, REPEALING THE ONE PERCENT FOR ARTS PROGRAM, ESTABLISHING THE MUNICIPAL ART FUND, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Sections 2‐8‐6 and 2‐8‐7 of the Renton Municipal Code are amended as shown below. All other provisions in chapter 2‐8 RMC remain in effect and unchanged. 2‐8‐6 ONE PERCENT FOR ARTS PROGRAM: A. The One Percent for Arts Program shall result in the fabrication or selection and acquisition of art to be installed and added to the City Art Collection. 1. The One Percent for Arts Program shall be funded by the amount equal to one percent (1%) of the actual total project cost of Capital Improvement Projects, upon budgeting therefor by the City Council and authorization by the Mayor or designee, with exceptions noted herein. 2. The amount transferred to the One Percent for Art Fund (“Fund”), shall be based on the Capital Improvement Project’s cost used for budgetary planning purposes. The amount transferred to the Fund shall be adjusted up or down from that amount, based on the actual total project cost after it has been completed. ORDINANCE NO. 5948 2 3. Definition of Capital Improvement Project: For the purpose of this Chapter, a Capital Improvement Project shall be a reference to any public building, decorative or commemorative structure, park, street, sidewalk, parking facility, or any portion thereof, within the City limits, which will be constructed, renovated or remodeled, and paid for wholly or in part by the City, and the total project cost of which exceeds ten thousand dollars ($10,000) to construct, renovate, or remodel. 4. The definition of a Capital Improvement Project shall not include the City’s water and sewer utility capital projects. 5. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to grants, loans, or assistance from Federal, State or other governmental units, specifically prohibits, limits or excludes artwork as a proper project expenditure, then the amount of funds from such source shall be specifically excluded in computing the one percent (1%) amount of the total project cost. Other funds for the project, however, will be subject to the Fund assessment. B. Works of art to be funded by the One Percent for Arts Program shall follow the guidelines of this section. 1. Whenever a work of art is to be funded under this Chapter, the Commission shall, in consultation with the Mayor, initiate the project by selecting the appropriate site for a work of art and, following consultation with the Mayor or designee, recommend the art project to the City Council. ORDINANCE NO. 5948 3 2. The City Council shall consider the recommendation of the Commission and either approve or reject the recommended art project. 3. Should the City Council approve the art project, then the City shall proceed to contract with the appropriate artist or artists to acquire or fabricate the work of art. 4. The contract with the artist or artists will be administered by Community and Economic Development Department staff. C. The One Percent for Art Fund shall not be utilized for maintenance, restoration, or repair of the City Art Collection, including for works of art funded by the One Percent for Arts Program. 2‐8‐76 CITY ART COLLECTION: A. The Commission shall serve as steward of the City Art Collection (“Collection”). It is the responsibility of the Commission to manage the Collection by maintaining an accurate inventory of works. The Commission shall, on an annual basis, inspect the Collection in order to provide verification to the Mayor or designee and City Council of the location and condition of all works in the Collection. B. The Commission shall have authority to rotate, re‐site, and display works from the Collection at its discretion, subject to the requirements of this chapter. Meaningful access by the public, security of the Collection, and appropriateness of the location shall be primary considerations of the Commission. Works from the ORDINANCE NO. 5948 4 Collection shall not be located in private offices or other locations not accessible to the public. C. Items in the Collection may be loaned to nonprofit or public cultural organizations or agencies for exhibition purposes when the exhibition will share the work with new audiences, promote scholarship, or offer new consideration of the work or art or artist. Loans shall not be made for commercial purposes. The Commission shall consider each loan request and prepare a recommendation to the City Council. No loan shall be made unless the City Council has approved the loan request. D. The Commission shall, in coordination with the appropriate departments, maintain a conservation policy from which it may shall prepare specifications for a maintenance plan for the Collection. Funds budgeted deposited into the Municipal Art Fund established in RMC 2‐8‐6.B to the Commission shall not be used for maintenance of the Collection. Artwork maintenance and restoration of the Collection shall be performed by the City’s Facilities Division, unless and prioritized with other City maintenance projects by the appropriate departments, including when maintenance or restoration is contracted out to a third party. of artwork in the Collection requires a level of skill beyond that of Facilities Department personnel, as E. For purposes of this Section, the “appropriate department” is determined by the location of the art Commission and the Facilities Department. For art located in City‐owned parks, trails and natural areas, and City buildings, ORDINANCE NO. 5948 5 Community Services shall be the appropriate department. For art located in rights‐ of‐way, Public Works shall be the appropriate department. For art located on private property, CED shall be the appropriate department. EF. The purpose of the Commission is to serve as steward of and advisor regarding the Collection; however, the City Council makes all final decisions regarding funds expended on acquisitions to the Collection. Works of art under consideration to be added to the Collection, whether by purchase, creation, gift, or other means of acquisition, shall be evaluated by the Commission as to appropriateness prior to acceptance. Such consideration shall be guided by Aacquisition Ppolicies as delineated in the Commission bylaws. If the Commission determines that acquisition is appropriate, it shall prepare a recommendation to the City Council. The City Council shall have the only authority to approve or reject the recommended acquisition. FG. The Commission may occasionally find it necessary to deaccession work or works from the Collection, which finding shall be done made in accordance with Deaccession Policies in the Commission’s bylaws. When the Commission makes a finding that deaccession is appropriate, it shall prepare a recommendation to the City Council. The City Council shall have the only authority to approve or reject the recommended deaccession according to City surplusing policies and processes. 2‐8‐7 FUNDING FOR THE ARTS: ORDINANCE NO. 5948 6 A. Policy: The City finds that the public experience is enhanced through the visual arts. Such works of art create a more visually pleasing and humane environment and add to the overall beautification and cultural climate of the City and the quality of life of its residents. A policy is therefore established that anticipates City funding for works of art in places publicly viewable in the City. Works of art acquired with these funds will become part of the City Art Collection. B. Municipal Art Fund: There is hereby created and established a special purpose interest‐bearing fund designated the “Municipal Art Fund” into which shall be deposited moneys as the City Council shall designate for works of art. Moneys so budgeted and deposited shall be expended for: 1. The selection, acquisition, and/or display of works of art in the City Art Collection as approved by the City Council. Such works of art shall be placed and retained in locations where they are readily accessible for public viewing. 2. Operational and incidental expenditures for the Commission. 3. Grants awarded to local artists and community events to support local arts. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. ORDINANCE NO. 5948 SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist ofthis ordinance's title . PASSED BY THE CITY COUNCIL this 18th day of November, 2019. APPROVED BY THE MAYOR this 18th day of November, 2019. Denis Law, Mayor Approved as to form: ~~ Shane Moloney, City Attorney Date of Publication: 11/22/2019 (Summary) ORD :2065:10/2/19 7