ORD-2009-019-A Draft Ordinance Establishing % for Art Program for Orange Co Funded Capital Improvement Projects

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DRAFT # 1.5 County provides a local match, and grants, loans, bonds, enterprise funds, or other funding sources that are restricted for such use by applicable law or covenant. g. "Public Art" means the Artwork resulting specifically from the Percent for Art Program or from other programs administered by the Arts Commission. h. "Public Art Fund" means a separate account into which all monies generated pursuant to the Percent for Art Program or derived from gifts or donations to the Arts Commission are placed. i. "Public Place" means an area on public property that is legally accessible and visible to the general public. j. "Renovation" means major redesign of a facility that is an Eligible Construction Project including expanding or upgrading the capacity of the facility, enlarging the facility or creating a new use for the facility. It does not include repairs, maintenance or installation required solely for code compliance. Section 4.0 Budgeted Funds for the Percent for Artwork Program: a. Each year in adopting the County's annual Capital Improvement Program budget, the BOCC shall consider the appropriation of 1 % of the total amount budgeted for each Eligible Construction Project to be set aside and identified as funds to be appropriated and expended for acquisition or commissioning of Artwork in accordance with the provisions of this Percent for Art Program. The minimum amount to be appropriated ('Public Art Allocation") for Artwork shall be the total Eligible Construction Budgets multiplied by 0.01. b. If the source of funding or other applicable law or regulation with respect to any particular project prohibits or restricts the use of funds for Artwork, the amount of funds so prohibited or restricted shall be excluded in determining the 1%. c. After the effective date of this Resolution, the issuance of new bonds, grants or the acquisition of short term financing shall include the 1 % for use for Artwork, unless restricted by federal, state or local law or policy or the conditions to a granting or financing authority. d. All County Departments and agencies shall, from the effective date of this Resolution, include in all applications for funding for Capital Improvement Projects to outside grant organizations or governmental agencies, an amount equal to 1 % of Eligible Construction Budgets for Artwork as specified herein unless specifically prohibited. e. If the County enters into an agreement or memorandum of understanding with another public agency, whereby County monies are transferred to such agency for the purpose of performing a capital improvement which would otherwise be deemed an Eligible