PURCHASING AND LICENSING COMMITTEE
BY COUNCILORS KRAUSE AND FEDORA:
The city of Duluth does ordain:
Section 1. That Section 2-109 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 2-109.Commission authority.
In furtherance of the purposes set forth in Section 2-104, the commission shall have the following authority:
(a) To establish such internal rules and regulations as the commission shall deem advantageous for its internal operations;
(b) To establish and maintain a municipal arts plan for the city as set forth in Section 2-110 below;
(c) To determine methods of location and selection of artists, works of art and locations for works of art;
(d) To select artists eligible for funding by Duluth Public Arts Fund, Inc. the city of Duluth;
(e) To approve works of art for approved locations for funding by Duluth Public Arts Fund, Inc. the city of Duluth;
(f) To approve recommend to the Duluth City Council for funding where applicable, artists and locations for the performing arts;
(g) To approve for subsidy by Duluth Public Arts Fund, Inc. the city of Duluth, artists in residence in the city;
(h) To establish criteria for the selection of consultants on the arts;
(i) To assist the city and Duluth Public Arts Fund, Inc., in raising funds from public and private sources for the funding of arts projects in the city; and
(j) To report to the council at least annually on the activities of the commission and the projects that it has approved.
Section 2. That this ordinance shall take effect 30 days after its passage and publication.
STATEMENT OF PURPOSE: In 1986, the city created the Duluth public arts commission. Also in 1986, the Duluth Public Arts Fund, Inc., a nonprofit corporation, was formed. The bylaws of the corporation provide that the members of the commission are the members of the corporation. Under the structure that was created in 1986, the corporation’s bylaws require that the funds of the corporation be deposited in the city of Duluth municipal arts fund. The bylaws authorized the corporation to draw on the municipal arts fund. The funds could be expended by the nonprofit in accordance with direction from the commission pursuant to a resolution of the commission.
Under this ordinance, the city is taking control over expenditures from the city municipal arts fund. The commission will makes recommendations to the council for expenditures from the fund, and the city has approval over the expenditure. This leaves the status of the nonprofit corporation in flux.