0908
OFFICIAL RECORD
CITY OF SOUTHLAKE ORDINANCE NO. 908
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE V, BOARDS AND COMMMISSIONS, OF THE SOUTHLAKE
CITY CODE BY ADDING A NEW DIVISION 6 TO ESTABLISH THE
SOUTHLAKE ARTS COUNCIL; PROVIDING FOR THE NUMBER,
QUALIFICATIONS AND TERMS OF MEMBERS OF THE ARTS
COUNCIL; PROVIDING FOR ALTERNATE AND EX-OFFICIO
MEMBERS; PROVIDING FOR MEETINGS AND BY-LAWS OF THE
ARTS COUNCIL; PROVIDING FOR THE DUTIES AND
RESPONSIBILITIES OF THE ARTS COUNCIL; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 ofthe Texas Local Government Code; and
WHEREAS, as the City of Southlake desires to establish the Southlake Arts Council as
an advisory board to the City Council on all matters relating to public art including visual art and
performing art programs and facilities, the use of city funds for art projects and facilities, and the
creation of a performing arts facility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION I.
That Chapter 2, "Administration", Article V, "Boards, Commissions and Committees" of
the Southlake City Code is hereby amended by adding a new Division 6 which shall read as
follows:
DIVISION 6. SOUTHLAKE ARTS COUNCIL.
Sec. 2-255. Creation.
There is established an advisory board to be known as the Southlake Arts Council
(hereinafter referred to as the "Arts Council").
Sec. 2-256. Number of members, qualifications and terms; alternate and ex-officio
members.
(a) The Arts Council shall consist of seven regular members, each of which shall be a
citizen of the City at all times while serving on the Arts Council. Places on the arts council shall
be numbered one through seven. Each member shall be appointed by the City Council by
City Council Approved 5/15/07 (6-0)
majority vote, and shall serve without compensation for a two-year term, or until their successors
are appointed, whichever is longer, with odd-numbered places being appointed in odd-numbered
years, and even-numbered places being appointed in even-numbered years, provided, however,
that the initial term of the even-numbered places shall be one-year, or until their successors are
appointed, whichever is longer.
(b) In addition to the regular members, the City Council may appoint up to three
citizens of the City as alternate members who shall serve in the absence of one or more regular
members. Alternate members may be appointed at any time regular members are appointed and
there is a vacancy, and shall be appointed for terms of two years. The city staff secretary who is
assigned to perform work for the arts council shall notify alternate members when they are
needed to serve in the place of absent members. In the event of an absence of one or more
regular members, the alternate member with the most seniority and who is present shall sit as a
regular member, so that the full number of members shall be able to participate.
(c) The City Council may also appoint ex-officio members to serve as nonvoting
advisors to the Arts Council. Such ex-officio members may include, but are not limited to the
design architect and/or engineer, or the city's project manager. Ex-officio members are not
required to be citizens of the City.
Sec. 2-257.
Meetings and by-laws.
As soon as practicable after the annual appointment of new arts council members by the
city council, the arts council shall elect from its members a chair, vice-chair and secretary to
serve until the next annual appointment of new arts council members. Should the positions of
any such officers become vacant, the arts council shall hold a special election to fill such
vacancy for the duration of the unexpired term. Meetings of the arts council shall comply with
Chapter 551, Texas Government Code, the Open Meetings Act. The arts council shall adopt by-
laws to govern the holding of its meetings which, at a minimum, shall include the following:
(1) Schedule for holding of regular meetings.
(2) Manner of holding and calling of special meetings.
(3) Majority of members shall constitute a quorum.
(4) Members not planning to attend a regular meeting or special meeting shall notify
the chair of the arts council and the city staff secretary who is assigned to perform work for the
arts council by 12:00 noon of the day proceeding the meeting day.
(5) Any member with unexcused absences from two consecutive regular meetings or
not exhibiting interest in the work of the arts council shall be reported to the city council which
may, at its discretion, remove the member and appoint a replacement.
(6) Minutes of each meeting of the arts council shall be filed with the city secretary.
City Council Approved 5/15/07 (6-0)
Sec. 2-258. Duties and responsibilities.
(a) The purpose of the arts council is to act as an advisory board to provide input and advice
to the city council on all matters pertaining to public art including visual art and performing art
programs and facilities, including the incorporation of art into the design of selected city projects
and the commissioning of art pieces for public spaces and facilities, and the use of city funds for
art projects and facilities.
(b) The arts council shall make recommendations to the city council concernmg the
following matters related to the city's arts policy:
(1) Overall policies for implementing the arts policy and public art projects, taking
into consideration the policy's purposes and goals and established general criteria, with a
focus on the development, promotion, and preservation of aesthetic excellence in city
public spaces.
(2) Any proposed changes which the arts council thinks are necessary to previously
established policies in order to maintain consistency of review and implementation.
(c) The arts council shall make recommendations to the city council concerning the
following matters related to the budget and financing for the arts:
(1) Establishment of a public art budget for inclusion in the annual budget of city
funds including a budget for visual art, the performing arts and capital projects (facilities)
related to the arts.
(2) Grants for the arts or art facilities that may be available to the city.
(d) The arts council shall make recommendations to the city council concerning the
following matters regarding public art project management:
(1) Appropriate elements to be included in specific proposals for public art projects,
including, without limitation, the design, execution, placement, maintenance and
ownership of selected artwork. The arts council may employ the public art project
guidelines established to assist in this process.
(2) Appropriate methods of artist selection for public art projects; public art project
proposal review, selection and oversight; artwork acquisition, display, use, maintenance,
storage, and its return, sale or other deaccession, when and if applicable.
(3) Elements to be selected for public art projects including design, execution,
placement, maintenance and ownership thereof.
(4) Proposals for public art projects, changes, additions or deletions to such
proposals, and recommendations to the city council on the final acceptance or
rejection of such proposals
City Council Approved 5/15/07 (6-0)
(5) Community services agreements that the city may make with outside art groups.
(e) The arts council shall consult with the department of community services and the city
council as appropriate throughout each public art project proposal and implementation process,
to ensure that the policy is implemented effectively.
(f) The arts council shall make recommendations to the city council on the following matters
regarding the acceptance and placement of art related gifts of state and loans or donations for the
arts:
(1) Acceptance of donations valued over $1,000 or loans of artwork to be placed for
more than 60 days.
(2) Placement of art related gifts of state.
(g) The arts council shall have authority to accept or reject proposed art donations to the City
valued up to $1,000. At the discretion of the arts council, proposed art donations valued up to
$1,000 may be forwarded to the City Council for a decision concerning whether to accept or
reject the proposed donation
(h) The arts council shall make recommendations to the city council on the following matters
regarding a performing arts center:
(1) Development of a building program, construction budget and budget
priorities for a performing arts center.
(2) Selection of professionals to assist in the design, development and construction of
a performing arts center.
(3) A concept plan for a performing arts center.
(4) Award of construction contract(s) for a performing arts center.
(5) Approval of change orders to construction contract(s) for a performing arts
center in accordance with state bid limits or purchasing policy limits.
(i) The arts council shall accept and fund from the budget, if any, provided the Arts Council
by the City Council public arts projects as deemed appropriate by the Arts Council, provided
such public arts projects are consistent with this Division and the policies regarding public art
established by the City Council.
City Council Approved 5/15/07 (6-0)
SECTION II
Provisions Cumulative
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION III
Provisions Severable
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION IV
Effective Date
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS
Mav 2007 1.,1i" 11111111
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CITY SECRETA! Y J. ."
City Council Approved 5/15/07 (6-0)
APPROVED S 0 FORM AND LEGALITY:
City Attorney
Date: \.1i1l)o) Iq Cim7
ADOPTED: ff)116,dD07
EFFECTIVE: lYJar /f.. (m7
City Council Approved 5/15/07 (6-0)
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7TH STREET ` Invoice Number: 284146611
FORT WORTH,TX 76102 RECEIVED
(817)390 7761 Invoice Date: 5/18/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
JUN - 5 2007 Due Date: 5/31/07
Bill To: PO Number: NO PO
CITY OF
1400 MAIN TSOUTFILAKE OFFICE OF CITY SECRETARY Order Number: 28414661
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Date: 5/18/07
Description Location Col Depth Linage MU Rate Amount F
... . CI 1 Y OF SOU I ,
LAKE
CITY OF SOt. ORDINANCE ANCE NO 13580 1 55 55 LINE 0.81 $44.55
NO. 908
AN ORDINANCE
AMENDING CHAP-
TER 2, ADMINIS-
TRATION ARTICLE
V, BOARDS AND
OFCMISSIONS,
O THE SOUTH LAKE Net Amount: $44.55
CITY CODE BY
ADDING A NEW
DIVISION 6 TO ES-
TABLISH THE
SOUTHLAKE ARTS
COUNCIL; PROVID-
ING R THE
NUMBER,QUALIFI-
CATIONS AND
TERMS OF MEM-
BERS OF THE ARTS
COUNCIL; PROVID-
ING FOR ALTER-
NATE AND EX-OF-
FICIO MEMBERS;
PROVIDING FOR
MEETINGS AND BY-
LAWS OF THE ARTS
COUNCIL; PROVID-
ING FOR THE DU-
TIES AND RESPON-
SIBILITIES OF THE
ARTS COUNCIL;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
PROVIDING A SAV- ijC�lY'
INGS CLAUSE, AND }�'+_?' } CHRISTY L.HOLLAND
PROVIDING AN EF- (': ''� MY COMMISSION EXPIRES
FECTIVE DATE. t
PASSED AND AP- i' July 31,2008
PROTHE STATE 15thVDAYED TOF MAY,HIS THE )-- '
2007 DURING THE , � ��'�
County of Ta REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
anss
Before me,? ATTWaEST:mbsg Lori Payne,for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator
for the Star-I City Secretary Y the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and
say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR
TELEGRAM
(817) 390-7501
Signed
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, ay 2 ,2
Thank You For Your Payment Notary Publi
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 284146611
Invoice Amount: $44.55
PO Number: NO PO
Amount Enclosed: $