CITY OF HOMER                                                            

                                                             HOMER, ALASKA

City Clerk

ORDINANCE 09-51(A)                                     

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE CHAPTER 18.07, FUNDS FOR WORKS OF ART IN PUBLIC PLACES, BY ADDING SECTION 18.07.090, AUTHORIZING THE FORMATION OF A PUBLIC ART FUND.

 

            WHEREAS, The City of Homer recognizes that the aesthetic character of the City's building environment is considered vital to the quality of the life of its citizens and the economic success of its businesses, an attraction for visitors and a benefit to tourism, and that art in public places contributes to the aesthetic enhancement of the community; and

            WHEREAS, The City's public art program shall link community, educational and artistic goals by featuring the work of professional artists; by involving local artists, community members and students; and by educating the community about public art through public programs; and

            WHEREAS, It is in the best interest of the citizens of Homer and the City of Homer to set up a Public Art Fund to address funds received by the City from sources other than revenue; and

            WHEREAS, A number of these donations have specific intent such as “for the purchase of artwork produced by local artists”, whereas other funds received may not have such designation; and

            WHEREAS, Complying with the desires of the donor requires having the flexibility to accumulate funds or to schedule expenditures; and

            WHEREAS, The City needs a mechanism to receive and expend those funds in a fashion that respects the donors’ intent; and

            WHEREAS, The fund should be ongoing and would not expire at the end of each fiscal year.

 

            NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

            Section 1.  Homer City Code 18.07.090, Public art fund, is adopted to read as follows:


            18.07.090  Public art fund.  a. A public art fund is established as a separate, interest bearing account in the city general fund to receive money for the public art program from the following sources:

1. Funds for public art fees received from private development. 

2. Funds donated to the city for public art. 

3. Other funds appropriated by the council for public art.

            b.  Money in the public art fund shall be used solely to pay the costs of selecting, commissioning, acquiring, installing, maintaining, public education regarding, administrating, removing and insuring the works of public art, and any other expense related thereto.  

c.  Interest earned on money in the public art fund shall be deposited in the public art fund.

d.  The public art fund is administered by the city with the advice of the public arts committee.

            e.  The public arts committee annually shall prepare a plan for expenditures from the public art fund for approval by the city council.

 

            Section 2.  Homer City Code 18.07.100, Ownership and management of works of public art, is adopted to read as follows:

 

            18.07.100  Ownership and management of works of public art.  a.  Ownership of all works of art acquired by or on behalf the city shall be vested in the city.

            b.  The city shall place or construct public art at locations that are open to the public and where the public art shall be visible to the general public during, at a minimum, normal business hours.

            c.  The removal from display by the city of public art owned by the city shall follow established guidelines for de-accessioning and shall be subject to review and recommendation by the public arts committee with final approval by the Council.

 

            Section 3.           This Ordinance is of a permanent and general character and shall be included in the City Code.

 

            ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of

                                     2009.

 

                                                                                    CITY OF HOMER

 

 

                                                                                    _____________________________

                                                                                    JAMES C. HORNADAY, MAYOR


ATTEST:


______________________________

JO JOHNSON, CMC, CITY CLERK

 

 

 

YES:

NO:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

 

 

Reviewed and approved as to form:

 

 

__________________________                                                                                                       

Walt E. Wrede, City Manager                                                    Thomas F. Klinkner, City Attorney


Date: _______________                                                           Date: _______________