HomeMy WebLinkAbout1738 - ORDINANCES - 3/5/2008 ORDINANCE NO. 1738
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF
SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE
EXPENDITURES.
CUV AttorneV's Summary
This Palm Springs Municipal Code contains an ambiguity regarding the
City's authority to use the Public Arts Fund for contributions to local art
museums and maintain artwork purchased or acquired with revenues from
the fund. This Ordinance amends this Palm Springs Municipal Code to
make clear that the Public Arts Fund may be used for contributions to local
art museums which include a benefit for Palm Springs residents and
reaffirms that expenditures for maintenance of artwork purchased through
the fund is permissible..
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
Section 1. Subsection (c) of Section 3.37.040 of the Palm Springs Municipal Code is
amended to read:
(c) Use of Fund.
The funds shall be used solely for the permanent or temporary acquisition,
installation, improvement, display, maintenance, and insurance of artwork to be
displayed in the city and the administration of the public arts program.
Section 2. Subsection (d) of Section 3.37.040 of the Palm Springs Municipal Code is
amended to read:
(d) Permissible Expenditures-
(1) The cost of artwork and its installation and maintenance;
(2) The cost of purchase or lease of art sites;
(3) Contributions to local art museums subject to a negotiated benefit
for Palm Springs residents as determined by the City;
(4) Waterworks, landscaping, lighting, signage, and other objects which
are commissioned from an artist as an integral aspect of a structure
or site or which are necessary for the proper aesthetic presentation
and structural placement of artwork;
(5) Frames, mats, pedestals, and other objects which are necessary for
the proper presentation of the artwork;
(6) Expenditures for maintenance and repair of artworks;
(7) Administrative expenses, including legal, to otherwise implement,
uphold, or carry out any provision of this Chapter.
Ordinance No. 1738
Page 2
Section 3. The current provisions of the Palm Springs Municipal Code are silent on
the issue of whether donations to local art museums are a permissible or impermissible
expenditure of monies in the City's Public Arts Fund. The City Council finds that it has
been and is the intent of the City Council that the Public Arts Fund can be used for
contributions to local art museums where there is a defined or negotiated benefit for
Palm Springs residents and that this Ordinance is declaratory of existing law. The City
Council ratifies and approves any past expenditure that may have been made from the
Public Arts Fund for any contribution to a local art museum.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED THIS 51h DAY OF MARCH, 2008.
P
STEV POUGNET, MAYOR
ATTEST:
ES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1738 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on February 20, 2008, and adopted at
a regular meeting of the City Council held on the 5th day of March, 2008, by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pro Tem Foat.
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
Ymes Thorn.-ongCity Clerk £D 2o0B
f Palm S rin s, California 5 /