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ORDINANCE NO. 2004-30 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE AMENDMENT OF TITLE 5 BY THE ADDITION OF CHAPTER 16, PUBLIC ART, TO STATE THE PURPOSE AND POLICY OF THE CITY IN ENCOURAGING PUBLIC ART; TO PROVIDE DEFINITIONS REGARDING PUBLIC CAPITAL IMPROVEMENT PROJECTS AND ELIGIBLE PUBLIC CAPITAL IMPROVEMENT PROJECTS; TO PROVIDE GENERAL DEFINITIONS OF PUBLIC ART; TO PROVIDE ADMINISTRATIVE RESPONSIBILITIES FOR CONSERVATION AND MAINTENANCE OF PUBLIC ART; TO PROVIDE FUNDING SOURCES FROM ELIGIBLE PUBLIC CAPITAL IMPROVEMENT PROJECTS; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE TO BE DEEMED SEVERABLE; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS the City wishes to promote and support public art within the City of Moscow, and WHEREAS the City believes strongly that public art contributes to and enhances the beauty of public areas and the quality of life for the citizens of Moscow; and WHEREAS, public art has been shown to attract tourism and to provide incentives to businesses to locate within communities which support public arts; and WHEREAS, it is the purpose of this Ordinance and the policy of the City of Moscow to promote such public art by the collection of one-percent of the total costs of City public capital improvement projects (calculated in the same manner as construction projects are calculated when determining the cost of building permit fees); and WHEREAS, it is also the purpose of this Ordinance to require the dedication of one percent ( of the total cost of a funded capital improvement project, as defined herein, such as construction or substantial public construction of buildings and structures, substantial renovation or remodel of public parks, certain street and road projects, public parking facilities and the like for purchase and installation of public art; and WHEREAS, an additional purpose of this Ordinance is to install artwork chosen in a manner which enhances such capital improvement project where appropriate and practicable and yet to retain some flexibility where such is necessary; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO AS FOLLOWS: SECTION 1: That Moscow City Code Title 5 shall be amended by the addition of Chapter 16 as follows: Sec. 16-1. Purpose. It is the purpose of this Ordinance and the policy of the City through the dedication of one percent ( 1 of the total cost of all funded Capital Improvement Projects, as defined herein, to facilitate the inclusion of art in public places related to such Capital Improvement Projects when appropriate, in order to beautify public areas, to enhance the quality of life for Moscow citizens, to attract tourism, ORDINANCE -2004-30 PUBLIC ART PAGE10F3 ---PAGE BREAK--- and to provide incentives to businesses to locate within the City, thus expanding Moscow's economic base. Sec. 16-2. Capital Improvement Project Defined. A. 1. For purposes of this Chapter and except as otherwise provided for in this Section, "Capital Improvement Project" shall mean every capital municipal construction or improvement project or portion thereof, paid for wholly or in part by the City where the total cost of such project is reasonably anticipated to be in excess of twenty five thousand dollars ($25,000). A Capital Improvement Project shall include construction, renovation or remodel of any public park, public building or structure, street or road, or public parking facility whether developed by the City or developed privately and leased back to the City. 2. Where a Capital Improvement Project is funded in whole or in part by State andlor Federal monies, only the portion of the Capital Improvement Project which permits expenditure of such monies for the arts shall be used to calculate the one percent ( dedication for the arts. Where a Capital Improvement Project is funded in whole or in part by State andlor Federal monies and the State or Federal monies do not allow for expenditure of such monies for the arts, only the portion of the City's required financial contribution to such Capital Improvement Project shall be used to calculate the one percent dedication for the arts and such one percent shall be in addition to the City's minimum required contribution to such Capital Improvement Project. B. Capital Improvement Project shall not include: 1. Maintenance of public improvements such as streets, sidewalks, curbs, alleys or right-of way improvements; 2. Subsurface public utility improvements such as storm and sanitary sewers, water lines, fire hydrants, and other appurtenances; 3. The portion of a Capital Improvement Project funded by State andlor Federal monies which prohibit expenditure of such monies for the arts; 4. A Capital Improvement Project undertaken before the effective date of this Ordinance; or 5. A Local Improvement District. Sec. 16-3. General Requirements for Art. A. Public art may be an integral part of a structure, attached to a structure or detached from a structure within or outside of it. Public art may also be located on any publicly owned property. B. Any public art chosen shall be located in a public place with public visibility and impact, and further shall comply with any addition to any guidelines established by Council upon recommendation of the Moscow Arts Commission. C. Nothing contained herein shall preclude funding City public art by matching monies, donations, or other means. Sec. 16-4. Administrative Responsibilities. A. The City designates its Arts Director or designee, in cooperation with the Moscow Arts Commission, to be responsible for the location and selection of all public art in the City. The ORDINANCE -2004-30 PUBLIC ART PAGE20F3 ---PAGE BREAK--- ( Arts Director shall make recommendations for and shall advise other City departments regarding the maintenance, repair, or other conservation of public art. B. Public art selected shall be consistent with the City's Comprehensive Plan, zoning and subdivision ordinances, and land uses contemplated therein. C. The Moscow Arts Commission shall make reports regarding the public art selected for the Capital Improvement Project from time to time as requested by the Mayor and/or the Council. Sec. 16-5. Source of Funds A. From each funded Capital Improvement Project, the City shall set aside an amount equal to one percent of such Capital Improvement Project's construction budget for purchase and installation of public art regardless of whether the Capital Improvement Project is completed. Calculation of the construction budget of a Capital Improvement Project shall be done in the same manner as is done to determine the costs of building permit fees in a construction project. B. Of the one percent set aside from every Capital Improvement Project allocated to the public art account: 1. No less than seventy-five percent (75%) shall be allocated toward such public art, including purchase, design, fabrication and installation. 2. No more than twenty-five percent (25%) shall be used for administrative costs, including, but not limited to, costs of selection, maintenance, repair and conservation. SECTION 2: SEVERABILITY. Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not affect the validity of remaining provisions. The remaining sections of Title 5 shall be in full force and effect. SECTION 3: EFFECT ON OTHER ORDINANCES. Where the definitions contained in this Ordinance are in conflict with relevant portions of the City of Moscow, Idaho Municipal Code, the definition contained within those portions of the Moscow Municipal Code will be unaffected until such time, if any, as they are amended to be consistent with this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be effective upon its passage, approval, and publication according to law. ORDINANCE - 2004-30 PUBLIC ART PAGE30F3