A. Prior to submission of the city's proposed annual capital improvement program budget to the city council, the city manager in concert with parks and recreation staff, shall notify the commission of:
1. Capital improvement program projects in said budget that are eligible for public arts, as defined in "eligible construction project" in section 7-15-2 of this chapter. The funding source for each project shall be identified and the city manager shall indicate whether or not the funds can legally be used to provide artworks at the project site and if the funds can legally be pooled with other monies in the public arts fund for use at a different site;
2. Proposed capital improvement program projects in said budget which are not appropriate for public arts, due to low anticipated public visibility or public usage. The funding source for each project shall be identified and the city manager shall indicate if the funds can legally be pooled with other monies in the public arts fund for use at a different site; and
3. Proposed additional or discretionary funds added to the public arts fund.
B. In conjunction with the approval of the city's annual capital improvement program budget, the city council shall consider the commission's recommendations and may:
1. Determine that the funds for certain capital improvement program projects can be pooled, and therefore be deposited into the public arts fund;
2. Determine that the funds for certain capital improvement projects cannot legally be pooled and therefore cannot be deposited in the public arts fund;
3. Designate additional funds to be added to the public arts fund, and said additional funds may be utilized to place artworks in or outside existing public buildings which do not otherwise qualify as eligible; the amount of said additional funds shall be discretionary; and
4. Designate more funds to the public arts fund, as it deems fit. (Ord. 1903, 1-24-2011)