There is hereby created a special fund to be known as the "City
of Rancho Cucamonga Public Art Trust Fund."
(Ord. No. 912 § 4, 2017)
A.
All
money received by the city from endowments or gifts to the City of
Rancho Cucamonga designated for the arts or pursuant to section 17.124.020.D.2
shall be placed in the Public Art Trust Fund. All money shall be deposited,
invested, accounted for, and expended as follows:
1.
The
City of Rancho Cucamonga Public Art Trust Fund shall only be utilized
for the following purposes:
a.
The design, acquisition, installation, improvement, maintenance,
and insurance of public art work displayed by the city or on city
property.
b.
Art education programs for the community conducted on city property;
provided, that not more than five percent of the fund's annual budget
shall be used for this purpose.
c.
Administrative costs reasonably related to either of the preceding
purposes.
2.
Money
deposited in the Public Art Trust Fund shall be held in a manner to
avoid any commingling with other revenues and funds of the City of
Rancho Cucamonga, except for temporary investments, and all funds
shall be expended solely for the purposes for which they were collected.
Any interest income earned by the money in the Public Art Trust Fund
shall be deposited in the Public Art Trust Fund and shall be expended
only for the purpose for which the money was originally collected.
B.
The
city council shall establish procedures for selecting art work to
be purchased using funds found in the Public Art Trust Fund, which
may include, but shall not be limited to, the following: (1) open
competition; (2) limited competition; (3) invitation; (4) direct purchase;
(5) donation; or (6) any combination of the above.
(Ord. No. 912 § 4, 2017)
A.
A project
developer or its successor, may submit a written request to the city
for the return of any fees paid pursuant to section 17.124.020.D.2
in lieu of providing public art work that are not committed within
ten years of payment, together with all interest earned thereon. The
request shall be verified and shall include the date of payment; the
amount paid and method of payment; the location of the development
project for which the fee was paid; and a statement that the project
developer or its successor is the payer of the fees and/or the current
owner of the development project.
B.
The
city council shall review the request and determine if return of the
then uncommitted portion of the fees and interest is appropriate and,
if so, the method of refund. No refund shall be appropriate if the
city council determines that the fee is still needed for the purposes
of the Public Art Trust Fund.
(Ord. No. 912 § 4, 2017)
