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3009 Public Art Cmte and Fund MLMC 2.08ORDINANCE 3009 AN ORDINANCE ESTABLISHING THE MOSES LAKE ARTS COMMITTEE; PROVIDING FOR ITS ORGANIZATION, DUTIES, AND FUNCTIONS; ESTABLISHING A PUBLIC ART PROGRAM; PROVIDING FOR THE PROCEDURES AND REQUIREMENTS FOR ADMINISTERING THE PUBLIC ART PROGRAM; AND CREATING AND ESTABLISHING A PUBLIC ART FUND. WHEREAS, the artists and artistic institutions of Moses Lake contribute to and provide cultural, educational, entertainment, and recreational benefits available to and used by the citizens of the Moses Lake and thereby enhance the public environment and welfare; and, WHEREAS, the aesthetic nature and charm of the City of Moses Lake is enhanced by the arts, the citizens of the City of Moses Lake shall hold and enjoy works of art, promote, and encourage public art programs and further the development of and public awareness of the visual and performing arts; and, WHEREAS, the establishment of a means whereby the Moses Lake Arts Committee shall maintain an orderly acquisition of art by the City of Moses Lake as well as be able to support public art programs in the visual and performing arts. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1. Purpose. Pursuant to Moses Lake Municipal Code (MLMC) Chapter 2.08, there is established a Moses Lake Arts Committee to promote and encourage public programs to further the development and public awareness of and interest in the visual and performing arts and to act in an advisory capacity to the Parks, Recreation, & Cultural Services Advisory Board in connection with the artistic and cultural development of the city. The Moses Lake Arts Committee is charged to: A. Promote and encourage public programs to further the development and public awareness of, and interest in, the visual and performing arts and the cultural heritage of the area; and B. Advise the City of Moses Lake in connection with the artistic and cultural development of the Moses Lake area; and C. Provide local artistic and cultural services to citizens of the Moses Lake area by making available to the city and its citizens expertise on the subject of visual and performing arts and cultural heritage; and D. Encourage donations, apply for, and pursue grants or other support to further expand artistic, cultural programs, and services for the citizens of the Moses Lake area; and E. Work with the governments, institutions, and citizens of the City of Moses Lake and neighboring communities in connection with the above stated purposes. Document Ref: MUW5J-AKDRF-KEHWY-HNGKE Page 1 of 4 SECTION 2. Establishment, Membership, and Duties of the Arts Committee A. The Moses Lake Arts Committee shall consist of five members, recommended by Parks, Recreation, & Cultural Services staff and approved by Parks, Recreation, & Cultural Services Advisory Board. Each member shall serve for a term of three years with a limit of two consecutive terms. Vacancies shall be filled for the unexpired term in the same manner as original appointments. B. The Moses Lake Arts Committee shall organize, adopt administrative rules and procedures necessary to accomplish its purposes, and elect from its members a chairperson and secretary. C. The Moses Lake Arts Committee shall have the following duties and powers: 1. To hold quarterly public meetings and keep written record of its proceedings which shall be of public record; 2. To initiate, sponsor, or conduct, alone or in connection with other public or private agencies, public programs to further the development and public awareness of and interest in the visual and performing arts; 3. To advise and assist the city in connection with such artistic activities as may be referred to it by the city. D. Professional staff assistance shall be assigned and provided by the City of Moses Lake Museum & Art Center with additional assistance and information to be provided by department staff as may be necessary to aid the Moses Lake Arts Committee in carrying out its duties and responsibilities under this ordinance. SECTION 3. The committee shall operate pursuant to and comply with the requirements set forth in MLMC Chapter 2.08, as now enacted or hereafter amended. SECTION 4. Other The committee may advise with owners of private property in relation to the beautification of such property. Anyone contemplating the erection of any building, or the making of any improvement thereon may submit the plans and designs or sketches thereof to the Moses Lake Arts Committee for advice and suggestions for which no charge shall be made by the committee. The Moses Lake Arts Committee may also become involved in an advisory capacity, with the City Council’s permission, with any beautification projects the City of Moses Lake undertakes or with the construction of public structures to be able to plan for art placement or incorporation in the building design phase. SECTION 5. Public Art Program There is hereby established a Public Art Program requiring that one-percent (1%) of monies appropriated for any capital project, as defined herein, by any and all city departments, shall be placed into the Public Art Fund and used for the acquisition of public art, the upkeep of public art owned by the city, the replacement of public art at the end of its useful life, or the promotion of art programming. Document Ref: MUW5J-AKDRF-KEHWY-HNGKE Page 2 of 4 SECTION 6. Scope of Art Programs The City of Moses Lake Art Committee shall establish by policy definitions that will define what types of art shall be purchased, what types of artists shall be eligible for contracts, and defining the roles of others involved in either the purchase of art or the promotion of art programming. The City of Moses Lake Arts Committee will also develop policy guidelines for the expenditure of the 1% for the Arts funds, which will be presented to the Parks, Recreation, & Cultural Services Advisory Board for recommendation to City of Moses Lake City Council for approval. SECTION 7. Public Art Fund There is hereby established a fund called “Public Art Fund” into which all monies required by this Ordinance shall be deposited and from which the Moses Lake Arts Committee shall create an annual budget to present to the Parks, Recreation, & Cultural Services Advisory Board to review and recommend for incorporation into the City’s annual budget approval process. All City Departments shall deposit into the Public Art Fund, out of any monies appropriated for any capital project an amount equal to one percent (1%) of the appropriation for the administration of the Public Art Program, excluding any funds from State or Federal sources which are ineligible to be used in conjunction with public art fund programs. One percent (1%) of the funds from multiple city capital projects may be accumulated in the Public Art Fund for the purposes as defined in Section I. Purpose. Only those capital projects exceeding the sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) will be subject to the provisions of this Ordinance. At such time as the total capital project expenditure of any individual projects exceeds SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), the one-percent (1%) provided herein of all such monies expended for that capital project shall be paid into the Public Art Fund. One percent of the construction contract award, excluding any funds from State or Federal sources which are ineligible to be used in conjunction with public art fund programs, including additive change orders or other alterations to the contract, will be placed into the Fund. Washington State sales tax, design fees, furnishings, and administrative expenditures will not be included as part of the capital project expenditure. A capital project is defined as any project paid for wholly or in part by the City of Moses Lake to construct or remodel any building, structure, park, street, sidewalk, parking facility, or utility, or any portion thereof, including permanent fixtures to any building within the jurisdiction of the City of Moses Lake. However, the purchase of land, local improvement district projects including the city’s participation in any such District, maintenance and operation, and the purchase of equipment are not considered capital projects. Public Art Fund monies shall not be expended without the prior approval of the City Council. Nothing in this Ordinance shall limit the amount of money the City of Moses Lake may expend for art or art programming. Document Ref: MUW5J-AKDRF-KEHWY-HNGKE Page 3 of 4 SECTION 8. Severability The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section or portion of this Ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on July 26, 2022. ________________________________________ Dean Hankins, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Aye Nay Aye Aye Aye Aye Aye Date Published: August 1, 2022 Date Effective: August 6, 2022 Document Ref: MUW5J-AKDRF-KEHWY-HNGKE Page 4 of 4 Signature Certificate Reference number: MUW5J-AKDRF-KEHWY-HNGKE Document completed by all parties on: 28 Jul 2022 22:08:01 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:27 Jul 2022 17:56:06 UTC Viewed:27 Jul 2022 18:36:38 UTC Signed:27 Jul 2022 18:37:36 UTC ✔Email verified 27 Jul 2022 18:36:38 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Dean Hankins Email: dhankins@cityofml.com Recipient Verification: Sent:27 Jul 2022 17:56:06 UTC Viewed:27 Jul 2022 22:50:30 UTC Signed:27 Jul 2022 22:51:18 UTC ✔Email verified 27 Jul 2022 22:50:30 UTC IP address: 136.143.151.109 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:27 Jul 2022 17:56:06 UTC Viewed:28 Jul 2022 22:07:17 UTC Signed:28 Jul 2022 22:08:01 UTC ✔Email verified 28 Jul 2022 22:07:17 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide.