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(a) Topeka Arts Fund Created. There is hereby created in the City treasury the Topeka arts fund. All moneys in the Topeka arts fund shall be expended in accordance with the appropriation acts of the Topeka City Council. These moneys shall only be used to finance the Office of the Arts, the art in public places program and the Topeka arts grant program.

There is hereby established a surcharge on all capital improvements funded from the general improvement fund moneys, and all projects undertaken by the Topeka Public Building Commission. The surcharge is calculated as follows:

(1) For improvements, projects, and developments which cost up to $999,999 – 0.50 percent of cost;

(2) For improvements, projects, and developments which cost from $1,000,000 to $2,999,999 – 0.40 percent of cost; and

(3) For improvements, projects and developments which cost $3,000,000 or more – 0.35 percent of cost.

All moneys received as a result of this surcharge shall be deposited into the City treasury and credited to the Topeka arts fund. Additionally, moneys from the City’s general fund, origination fees collected from economic development revenue bonds issued by the City pursuant to K.S.A. 12-1740, et seq., and deposited in the economic development fund, and moneys from any other source legally available for such purpose may be credited to the Topeka arts fund.

(b) The Topeka arts fund surcharge shall be collected within 30 days of the City’s approval of tax abatement or exemption for a project in a neighborhood revitalization area or for any other project receiving economic development incentive in the form of a tax abatement or incentive.

(c) Whenever the City Council finds that imposition of the Topeka arts fund surcharge would result in severe and undue economic burden or have a negative effect on economic development in the City of Topeka, the City Council may by resolution waive the entire surcharge or any portion thereof. (Ord. 18381 § 5, 1-25-05; Ord. 18161 §§ 1 – 8, 1-13-04; Ord. 17850 §§ 1 – 6, 6-11-02. Code 1995 § 2-33(f) – (h).)

Cross References:City Council – Mayor, Chapter 2.15 TMC; Public Building Commission, Chapter 2.215 TMC; Office of the Arts, Chapter 2.245 TMC.