Sec. 2-700. Percent for art funding.
A. Each fiscal year, based on the most recently adopted Capital Improvement Program, every City department responsible for capital programs shall reserve, for public art, an amount equal to one percent of its eligible capital project funds as determined by the Budget and Research Department.
1. "Operating funds" means, for purposes of this Article, Arizona highway user revenues and State, County and local privilege license taxes specifically collected for capital project purposes.
2. "Eligible Capital Project Funds" means, for purposes of this Article, that portion of a Department’s programmed Capital Improvement Program funded with capital funds, including bonds, operating funds and other capital funds available for Public Art Projects. Notwithstanding the foregoing, eligible Capital Project Funds shall not include enterprise funds that are not collected specifically for capital projects and amounts separately identified in a capital improvement program for land acquisition, tangible personal property, and computer hardware, software and related programming, and system integration costs.
B. Except for operating funds, Eligible Capital Project Funds that become available for public art in a fiscal year, but are not programmed in the Public Art Project Plan described in Section 2-701, shall be carried forward for public art in succeeding fiscal years. Eligible Capital Project Funds are to be maintained by originating fund. Eligible Capital Project Funds that are carried forward but not programmed in the Public Art Project Plan in any succeeding fiscal year shall be released by the Arts and Culture Administrator to the originating capital fund of the department responsible for reserving the funds when ninety percent of the originating capital fund has been expended or encumbered as determined by the Budget and Research Department. Eligible Capital Project Funds may be released to the originating capital fund prior to reaching ninety percent expended or encumbered status on the recommendations of the Arts and Culture Administrator and Director of the Funding Department. The Arts and Culture Administrator will notify the Budget and Research Director of any such release of funds and thereafter such funds only shall be available for non-public art purposes. Operating funds that are available for public art in any fiscal year, but are not programmed in the public art project plan, shall not be carried forward for public art and shall be available for non-public art purposes.
C. Subject to Section [2-]702, to the extent legally permissible, percent for art funds within each City department’s Capital Program may be used in the aggregate to fund one or more Public Art Projects. (Ord. No. G-2953, § 3; Ord. No. G-3537, § 5; Ord. No. G-4547, § 2, 2003; Ord. No. G-5156, § 3, 2008)