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Home My WebLink AboutORDINANCE NO. 937 ARTS 1 PERCENTORDINANCE NO. 937 AN ORDINANCE ESTABLISHING A FEE FOR THE ARTS ON ALL ELIGIBLE CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY OF REXBURG; PROVIDING DEFINITIONS REGARDING CAPITAL IMPROVEMENT PROJECTS AND ELIGIBLE CAPITAL IMPROVEMENT PROJECTS; PROVIDING GENERAL REQUIREMENTS FOR PUBLIC ART; PROVIDING ADMINISTRATIVE RESPONSIBILITIES FOR CONSERVATION AND MAINTENANCE OF PUBLIC ART; PROVIDING FUNDING SOURCES FROM ELIGIBLE CAPITAL IMPROVEMENT PROJECTS; PROVIDING FOR SAVINGS AND SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED, by the Mayor and City Council of the City of Rexburg, Idaho: Section 1 1.10.010 Purpose: It is the purpose of this chapter and the policy of the City of Rexburg through the dedication of one and a quarter percent (1.25%) of the total cost of all eligible capital improvement projects to include art in public places in the City in order to, beautify public areas, enhance the quality of life for Rexburg citizens, attract tourism, and provide incentives to business' to locate within the City, thus expanding Rexburg's economic base. 1.10.020 Definitions: A. Capital Improvement Project: "Project" means the City's portion of all capital municipal construction or improvement projects or portions of projects, including construction, renovation or remodel of any public park, eligible street projects, building, parking facility or any portion thereof within the City limits; B. Eligible Capital Improvement Projects: 1. Those capital improvement projects which are developed privately and leased back to the City of Rexburg. 2. Any capital improvement project to remodel any municipal building where the cost of the remodeling is in excess of Twenty- five Thousand and No/100 Dollars ($25,000.00) 3. Eligible Capital Improvement Projects do not include projects paid for from the City Streets budget or a Local Improvement District (LID). 4. In the event bonds are used to fund capital improvement projects, the capital improvement project shall be an eligible capital improvement project if so approved by: a. The bond election ordinance; or b. The bond ordinance authorizing revenue bonds; or C. Other appropriate laws or regulations; or [Ordinance No. 937: Page 11 [Sections 1.10.010, 020,030, 040, 0501 Instrument # 319552 REX13URG, MADISON,, IDA H00 0. of Pag : 5 2005-05-09 Recorded for; CITY OF REX URG Fee: 0.00 MARILYN R. RASMUSSEN EX -Officio Recorder Depu d. An official interpretation by another governmental entity regarding reliable use of funds which the agency is providing for the project and which includes art as an expenditure of funds. 5. Nothing contained herein shall preclude funding the acquisition of public art for municipal property in other ways. The City encourages matching funds whenever possible. 1.10.030 General Requirements for Art: A. Works of art may be an integral part of a structure, attached to a structure or detached from a structure within or outside of it. Works of art may also be located on any publicly owned property. B. Any works of art which are chosen must comply with the following standards in addition to any guidelines subsequently established by the City Council upon recommendation of the Upper Valley Arts Council and the Rexburg Beautification Committee. The work of art must be located in a public place with public visibility and impact. 2. The work of art must be consistent with general standards of decency and respect for the beliefs and values of the community C. A Public Arts Account shall be established, into which monies from this ordinance shall be deposited. Preference shall be given to arts projects which are apart of the capital project generating the funds, but in the event that such is not practicable the funds may be set aside for future public arts projects. Art shall be selected with the goal of: I. Integrating a wide range of public art into the community which reflects the diversity of artistic disciplines; 2. Developing a collection of public art which reflects the history and character of the community with an eye towards its future; Educating about art and artists and encouraging public dialog; 4. Providing opportunities for artists to advance their work, with a preference for local artists, including commissioning original works of art; 5. Enabling the preservation of cultural traditions. D. Money from the Public Arts Account may not be spent for: Works of art which are not approved by the City Council; 2. Objects of standard design or mass production excluding works of art approved by the City Council; 3. Directional elements (signs providing direction) unless executed by the artist; [Ordinance No. 937: Page 21 [Sections 1.10.010, 020, 030, 040, 050] 1.10.040 Administrative Responsibilities: A. The City designates the Parks, Recreation, and Cultural Arts Director or Director's designee in cooperation with the Upper Valley Arts Council and the Rexburg Beautification Committee to be responsible for the conservation and maintenance for all works of art in the public art program. B. An annual report shall be prepared by the Upper Valley Arts Council and the Rexburg Beautification Committee and submitted to the City Council on the condition and maintenance requirements on all works of art in the public art program. C. Public Arts shall not be inconsistent with the City's comprehensive plan, goals, and purposes, zoning and subdivision ordinances, and land uses contemplated therein. 1.10.050 Source of Funds: A. From each eligible capital improvement project, the City council shall place in the public art account an amount equal to one and one quarter percent (1.25 %) of the project's capitalized costs to the City regardless of whether the project is completed. The City's contributions to the public art account pursuant to this chapter shall be funded from the City's current expense fund. B. Of the one and one quarter percent (1.25%) from each eligible capital improvement project allocated to the public art account; 1. No less than one percent (I%) of the eligible capital improvement project costs shall be allocated toward purchase, creation or installation of such public art pieces. 2. No more than twenty-five hundredths percent (.25%) of the eligible capital improvement projects costs shall be used for administrative costs including but not limited to actual acquisition siting, costs of selection of public art, and maintenance of public art. C. In computing the amount to place in the public art account, the project's capitalized costs to the City shall include: 1. All capitalized amounts paid by the City to third parties in connection with the projects, including; however not limited to, amounts paid on contracts relating to the project and consultant fees incurred in connection with the project; and 2. In computing the amount to place in the public art account, the project's capitalized costs to the City shall not include any portion of the project's cost which is not funded by the City unless it meets the conditions of 1.10.020. Section 2 All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. [Ordinance No. 937: Page 3] [Sections 1.10.010, 020, 030, 040, 0501 Section 3 Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Rexburg City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance. Section 4 The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. Section 5 This ordinance shall take effect and be in full force upon its passage, approval and publication in one (1) issue of the Rexburg Standard -Journal, a newspaper of general circulation published within the City of Rexburg and the official newspaper thereof. Passed by the City Council and approved by the Mayor this 4a' day of May, 2005. 4 U `„qwr 1^e5e� Shawn Larsen, Mayor ATTEST: ^' n Kms., Blair D. Kay, City dvrk PUBLISHED: 07c' May, 2005 [Ordinance No. 937: Page 4] [Sections 1.10.010, 020, 030, 040, 0501 STATE OF IDAHO ) :ss County of Madison ) I, BLAIR D. KAY, City Clerk of the city of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled: AN ORDINANCE ESTABLISHING A FEE FOR THE ARTS ON ALL ELIGIBLE CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY OF REXBURG; PROVIDING DEFINITIONS REGARDING CAPITAL IMPROVEMENT PROJECTS AND ELIGIBLE CAPITAL IMPROVEMENT PROJECTS; PROVIDING GENERAL REQUIREMENTS FOR PUBLIC ART; PROVIDING ADMINISTRATIVE RESPONSIBILITIES FOR CONSERVATION AND MAINTENANCE OF PUBLIC ART; PROVIDING FUNDING SOURCES FROM ELIGIBLE CAPITAL IMPROVEMENT PROJECTS; PROVIDING FOR SAVINGS AND SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF. Passed by the City Council and approved by the Mayor this 04th day of May, 2005. ltfa ) 0. Kms, Blair D. Kay, City Clerk [Ordinance No. 937: Page 5] [Sections 1.10.010, 020, 030, 040, 0501