3.15.030 Creation of Program – Collections and Use of Appropriations.
(1) A Percent-for-Art Program and the funds acquired through the program shall be administered by the Provo Arts Council. Funds acquired through the program shall be held in the Parks and Recreation Department’s budget under the Covey Center Division in a separate function.
(2) Any appropriation received through the Percent-for-Art Program shall be used to acquire existing works of art or to commission the creation of works of art placed in or at appropriate City buildings or facilities as recommended by the Arts Council and with the advice of the principal user of the City facility or building that will house the art. Any unexpended funds remaining at the end of the fiscal year shall be nonlapsing and not revert to the General Fund.
(3) Funding for the program shall follow the following structure:
(a) One percent (1%) of the original planned construction budget for a building or facility that the Arts Council determines has sufficient public use or access, especially where the design and technical construction of the building or facility lend themselves to works of art, will be directed towards the Percent-for-Art Program budget.
(i) “Original planned and/or anticipated construction budget” does not include those parts of the budget funded through grants or other specific funding sources, inasmuch as doing so would violate the agreement/terms of the grants and/or specific funding source.
(ii) All funds set aside and administered by the program from appropriations for any City building or facility of which any part is obtained from the issuance of bonds shall be used only to acquire works of art that will be placed in or at, and remain a part of, that building or facility, to the extent necessary to preserve the federal income tax exemption otherwise allowed for interest paid on the bonds.
(b) The one percent (1%) contribution is the assumed contribution from each project selected to the Percent-for-the-Arts Fund.
(i) If public art is a part of a new project’s design and/or construction, the project’s one percent (1%) contribution to the public art fund can be offset or exempted. The exemption from the contribution, or an appeal for specific contribution amounts, will need final approval from the Arts Council after their review.
(A) If exemptions or specific contribution offsets are granted due to the project’s planned artistic elements, such elements may not be removed from the project or changed (except for de minimis changes of minor details that do not change the substance of the project) without review by the Arts Council. During such review, the Arts Council may rescind the exemption or offset or otherwise determine how the one percent (1%) contribution or its equivalent shall be met by the project.
(ii) The funds collected through the program will go into a Central Arts Fund located within the Covey Center’s budget under the Department of Parks and Recreation to be used for public art projects throughout the City; however, priority and primary use of funds may go towards art acquisition for the projects from which funds were collected.