(A) A portion of the funding for the Public Art Program shall be accomplished by designating up to 2% of the total construction cost of qualifying capital projects scheduled to be completed during that fiscal year to the Public Art Fund. The allocation shall be calculated based on the total construction project, excluding all costs for demolition and real property acquisition for any given capital project.
(B) The appropriation for the Public Art Program from capital projects will be calculated only on the original appropriation, excluding any subsequent amounts appropriated for amendments and change orders.
(C) All capital projects shall qualify for up to the 2% Public Art Program allocation except the following:
(1) Roadway capital projects on roads not within a designated TIRZ,
(2) Regular road maintenance, or
(3) Underground infrastructure and underground utility projects with no above-ground components other than roads.
(D) Appropriations for artwork shall be made through the approval of the Annual Public Art Program Plan as submitted during the annual budget process. Any funds not expended at the conclusion of the fiscal year will rollover into the following fiscal year.
(E) For all grants sought by the city for capital projects, the respective city department shall include, when allowable by the funding entity, a request that up to 2% of the grant amount be authorized for art in accordance with this chapter. All capital projects financed with grants and/or contributions from private entities are subject to this provision unless art expenditures are not authorized by the granting or contributing entity. If public art is expressly excluded, then the public art allocation shall apply only to the city’s portion of the project cost.
(F) If the percentage allocation stated herein would, in the opinion of the city, negatively affect the overall construction of the capital project, then such capital project may be subject to an allocation less than the allowable up to 2%, including an exclusion of the allocation altogether as deemed appropriate. Such a reduction in allocation or exclusion is subject to final approval by the City Council.
(G) In order to ensure that artwork funded by this section has sufficient public visibility and impact, funds generated from the various capital projects, as allowed by law, may be pooled or aggregated together and utilized for one or more large artwork and/or artwork at public spaces with greater general public visibility, as recommended by the Public Art Advisory Committee and upon final approval of the City Council.
(Ord. OR-2328-24, passed 11-13-23)