HomeMy WebLinkAboutOrdinance No. 2019-003 Amending Chapter 3.82 Regarding the Arlington Arts Fund and Determining when Contributions to the Same are Required ORDINANCE NO. 2019-003
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 3.82 OF THE ARLINGTON
MUNICIPAL CODE REGARDING THE ARLINGTON ARTS FUND AND DETERMINING WHEN
CONTRIBUTIONS TO THE SAME ARE REQUIRED
WHEREAS, the City Council of the City of Arlington believes that the arts are a vital part
of a quality city and make for a better place for the citizens of the City; and
WHEREAS, funding for the arts is desirable to improve the quality of life for our citizens;
and
WHEREAS, the City has set aside funding for the arts as appropriate for the arts and art-
related projects appropriate for public support pursuant to Arlington Municipal Code Chapter
3.82; and
WHEREAS, the City Council wishes to update the ordinance to clarify the source for arts
funding, when contributions are required and to make other changes to its ordinance;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. Arlington Municipal Code Section 3.82.010 shall be and hereby is
amended to read as follows:
3.82.010- Definitions.
For purposes of this chapter, the following definitions shall apply:
"Arts fund" means the fund created by Section 3.82.030 of this chapter.
"Arts program" means any arts program established pursuant to this chapter or other
ordinance of the city.
"Public art" means any original creation of visual art that is:
a. Acquired with public money;
b. Acquired with a combination of public/private funding;
c. Donated or loaned to the City's public art program;
d. Privately sponsored artwork that is located on publicly owned land; or
e. Created or displayed on private property to be viewed by the general public.
The term "Public art" shall also include the installation, improvement, replacement,
repair, maintenance or operation of visual art pieces in the City of Arlington. "Public art"
ORDINANCE 2019-003 1
may also include an area or space specifically designed, constructed and managed as a
display area for visual media or a performance venue for performing media.
Section 2.Arlington Municipal Code Section 3.82.020 shall be and hereby is amended to
read as follows:
3.82.020- Funding required for Arlington arts programs from construction related sales tax
collections.
(a) Funding for public art shall be made by transfers by the city finance director or
his or her designee of ten percent (10.0%) of the amounts collected by the City for
construction related sales tax revenues, which share of said revenues shall be
transferred into the Arlington arts fund created under AMC 3.82.030. Said
transfers shall occur quarterly or as otherwise stated in the City's budget.
Section 3. Arlington Municipal Code Section 3.82.030 shall be and hereby is
amended to read as follows:
3.82.030-Arlington arts fund created.
There is hereby created a fund known as the Arlington arts fund. All public and
private donations, direct appropriations from the city of Arlington budget, and all
charges collected for public art pursuant to Arlington ordinances and this chapter shall
be placed in said fund for the purpose of paying all or any part of the costs and expenses
related to (a) the acquisition, installation, addition, improvement, replacement, repair,
modification, maintenance and operation of public art and public art-related projects
within the city, and (b) other arts-related activities established by the city in its annual
budget.
Section 4. Arlington Municipal Code Section 3.82.040 shall be and hereby is
amended to read as follows:
3.82.040- Expenditures from Arlington arts fund.
There shall be no expenditures from the Arlington arts fund except for:
(1) Public art or public art-related projects which are approved and funded through
the City's regular budget process; or
(2) Public art or public art-related projects which are recommended by the parks, arts
and recreation commission and the mayor, and thereafter approved by the city
council.
ORDINANCE 2019-003 2
Section S. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
day of �*-A cc , 2019.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
EV--,N \ '
Erin Keator, City berk
APPROVED AS TO FORM:
St ' le, City Attorney
ORDINANCE 2019-003 3
CERTIFICATION OF ORDINANCE
I, Erin Keator, being the duly appointed and City Clerk of the City of Arlington, Washington, a
municipal corporation, do hereby certify that the following Ordinance No. 2019-003 was
approved at the March 18, 2019 City Council meeting.
ORDINANCE NO. 2019-003
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 3.82 OF THE ARLINGTON MUNICIPAL CODE
REGARDING THE ARLINGTON ARTS FUND AND DETERMINING WHEN
CONTRIBUTIONS TO THE SAME ARE REQUIRED"
A true and correct copy of the original ordinance is attached.
Dated this 20th day of March 2019.
Erin Keator
City Clerk for the City of Arlington