Except as provided in subsection (b) of this section, at least 1% of all eligible funds for a construction project shall be allocated for:artwork for that project; or other public art uses as authorized by this subtitle. For water or wastewater utility projects, the Commission shall determine, on a case-by-case basis after consultation with the Department of Public works, whether and to what extent eligible funds for that project may be allocated for artwork or other public art uses. If the Commission and the Department of Public Works disagree as to whether or to what extent eligible funds may be allocated, the Director of Public Works makes the final decision. Ord. 07-489