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2017-04-25 SLAC PacketCity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M April 19, 2017 TO: Southlake Arts Council FROM: Jenni Lanier, Community Relations Manager SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting – Tuesday, April 25, 2017 Please note, the meeting will be held at The Marq Southlake, not Town Hall. If you are not able to attend this meeting, please notify staff at 817.748.8184 or lcarpenter@ci.southlake.tx.us. 1. Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. Consent A. Approve minutes from the regular Southlake Arts Council meeting held March 28, 2017. Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item No. 3. Consider A. Approve Southlake Historical Society’s Shared Stories: Southlake, Denton County and the Wild West, 1840 -1878” Exhibit Permit for July 10, 2017 – August 28, 2017 in Town Hall Lobby – The purpose of this item is to receive Arts Council’s approval on a permit to hold an art gallery reception July 9, 2017, 4:00p.m., and the corresponding historical arts exhibit July 10 – August 28, 2017 in the Town Hall lobby. The exhibit is proposed by Southlake Historical Society and will feature art pieces depicting life and times in Denton County, which included Southlake at the time, and the Wild West. The events are sponsored by the Southlake Arts Council and Southlake Historical Society. Your packet memo contains details of the request and a copy of the permit for your review. 4. Agenda Item No. 4. Discussion A. Review Locations for Lyman Whitaker Sculpture – This item is a follow-up to previous agenda discussions and considerations to commission an art piece for public art. Presented for Southlake Arts Council discussion is a concept proposal for a kinetic art sculpture at Rustin Park Pavilion. B. Fort Worth Symphony Orchestra Update – Arts Council and APEX member Terri Messing will provide an update about the Fort Worth Symphony family Southlake Arts Council Meeting Date – April 25, 2017 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork concert at The Marq Southlake Aria on May 7, 2017 and the “Concert in the Garden” on May 26, 2017 at the White Chapel United Methodist Church, and other opportunities. No packet documents. C. September 2017 Art Gallery Event – This is the Arts Council’s opportunity to discuss and brainstorm options for a September 2017 event. No packet documents. D. Fiscal Year 2018 Projects – This item is placed on the agenda to discuss existing and potential projects for FY 2018. No packet documents. E. Unveiling Sculpture at Dove Road/Peytonville-Sam School Road Roundabout – Staff will present an update on the construction progress of the roundabout, the installation of the sculpture, and a date for the official unveiling ceremony. No packet documents. F. Southlake Senior Funding Inc. Senior Art Event – Arts Council member Miriam Murray will update the Council on plans for the Southlake Senior Funding, Inc. (SSFI) Senior Art Faire event on June 23, 2017, in partnership with Southlake Arts Council. No packet documents. 5. Agenda Item No. 4. Public Forum This is the public's opportunity to address the Arts Council about non-agenda items. During Public Forum, the Arts Council will not discuss or take action on any item brought up at this time. 6. For Your Information – Attendance Report – A copy of the Southlake Arts Council attendance report is included in your packet. We appreciate your commitment and service to the City. JL STAFF CONTACT INFORMATION: Telephone – (817) 748-8019 Facsimile – (817) 748-8027 1400 Main Street, Ste. 210, Southlake, Texas 76092 Chris Tribble, Director of Community Services (817) 748-8021; ctribble@ci.southlake.tx.us Jenni Lanier, Community Relations Manager (817) 748 -8018; jlanier@ci.southlake.tx.us Linda Carpenter-Elgin, Secretary, (817) 748-8184; lcarpenter@ci.southlake.tx.us City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SOUTHLAKE ARTS COUNCIL Tuesday, April 25, 2017 Location: The Marq Southlake – Traditions III 285 Shady Oaks Drive Southlake, Texas Time: 6:00 p.m. Regular Agenda: 1. Call to Order 2. Consent A. Approval of the minutes from the March 28, 2017 Southlake Arts Council meeting 3. Consider A. Approve Southlake Historical Society’s “Shared Stories: Southlake, Denton County and the Wild West, 1840-1878” Exhibit permit for July 10, 2017 – August 28, 2017 in Town Hall lobby 4. Discussion A. Review Locations for Lyman Whitaker Sculpture B. Fort Worth Symphony Orchestra Update C. September 2017 Art Gallery Event D. Fiscal Year 2018 Projects E. Unveiling of sculpture for Dove Road/Peytonville-Sam School Road Roundabout on May 18, 2017 F. Southlake Senior Funding, Inc. Art Exhibit June 23, 2017 5. Public Forum (This is the Public’s opportunity to address Southlake Arts Council about non-agenda items. During Public Forum, Southlake Arts Council will not discuss, consider or take action on any items presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 6. Adjournment A quorum of the City Council may be present at this meeting. Southlake Arts Council Meeting Date – April 25, 2017 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, April 21, 2017 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Lori Payne, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SOUTHLAKE ARTS COUNCIL MEETING, MARCH 28, 2017 LOCATION: Town Hall, 3rd Floor Room 3D Southlake, Texas TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Leslie Bartlett, Vice Chair Miriam Murray, Secretary Jesika Cook; and Southlake Arts Council members, Terri Messing, Tamara McMillan and Kelly Trager (Alternate 1) SOUTHLAKE ARTS COUNCIL ABSENT: Merlene Ingraham and Devika Seth STAFF PRESENT: Jenni Lanier, Community Relations Manager REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chairman Leslie Bartlett called the meeting to order at 6:03 p.m. 2. CONSENT AGENDA Consent Agenda items are considered to be routine by the Southlake Arts Council and are enacted with one motion. 2A. APPROVAL OF THE MINUTES FROM THE FEBRUARY 28, 2017 SOUTHLAKE ARTS COUNCIL MEETING There were no corrections or changes to the February 28, 2017 meeting minutes. APPROVED A motion was made to approve the minutes of February 18, 2017 meeting as read. Motion: Messing Second: Murray Ayes: Bartlett, Cook, Messing, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None Vote: 6-0 3. CONSIDER 2A - 1 Minutes of the March 28, 2017 Southlake Arts Council Meeting Page 2 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A. RECOMMENDATION ON AN EXTENSION TO THE PERMIT FOR A HISTORICAL ART EXHIBIT Community Relations Manager Jenni Lanier presented the request and was available to answer questions. The Arts Council discussed the request for an extension to a permit for the Southlake Historical Society photographic historical art exhibit to be displayed at Town Hall and agreed to recommend the permit extension through September 30, 2020, contingent upon available time and space; understanding the permit may be reviewed biannually; photographs to be rotated for variety; and the historical photographic exhibit be named “Southlake Historical Permanent Collection.” APPROVED A motion was made to recommend City Council approve the proposed extension to the permit for the historical art exhibit “A Walk Through Time” in Town Hall lobby, with a recommendation to display the exhibit through September 30, 2020 contingent upon available time and space, and with an addendum to the motion that the exhibit be called “Southlake Historical Permanent Collection.” Motion: Cook Second: Murray Ayes: Bartlett, Cook, Messing, Murray and Trager (Alternate #1) Nays: None Abstain: McMillan (membership on Southlake Historical Society) Vote: 5-0-1 4. DISCUSSION 4A. PUBLIC ART PROJECTS UPDATE Community Relations Manager Jenni Lanier presented the public art projects updates and was available to answer questions. Lyman Whitaker Sculpture Project – Arts Council reviewed preliminary concepts for the Whitaker kinetic sculpture at the “Hill” in Bicentennial Park, Summit Park and Central Park as alternatives sites to the pavilion in Rustin Park and the east and west sidewalk pads, along with other possible sites. The grassy space on the west side of Rustin Park pavilion and the original location in Frank Edgar Cornish, IV Park were the Art Council’s preferred locations for the sculpture. Arts Council will make a formal recommendation on the location for the sculpture to City Council at the next meeting. 2A - 2 Minutes of the March 28, 2017 Southlake Arts Council Meeting Page 3 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Senior Funding, Inc. (SSFI) Art Exhibit June 23, 2017 Southlake Arts Council representatives will meet with SSFI members April 21, 2017 to review task assignments and make further plans for the June 23, 2017 art exhibit. Dove Road and Peytonville/Sam School Road Roundabout The Dove Road and Peytonville/Sam School Road roundabout is almost complete, pending construction of the wall, boring, electrical, and landscape features in the next few weeks. Staff anticipates the sculpture may be installed in May and the proposed date for the unveiling will be forwarded to Arts Council members as soon as available. 4B. FORT WORTH SYMPHONY ORCHESTRA UPDATE In APEX representative and Arts Council member Terri Messing provided an update on the Fort Worth Symphony Orchestra events in Southlake on May 7, 2017 at The Marq Southlake Aria and May 26, 2017 at White Chapel United Methodist Church. The Southlake Arts Council will hold the ir April 25th meeting at The Marq Southlake so the Council may do a site visit of The Aria to work out logistic issues. 4. PUBLIC FORUM Chairman Bartlett opened the Public Forum at 6:43 p.m. There being no one else to speak, Public Forum was closed. 5. ADJOURNMENT APPROVED A motion was made to adjourn the meeting at 6:44 p.m. Motion: Cook Second: Murray Ayes: Bartlett, Cook, Messing, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None Vote: 6-0 2A - 3 Minutes of the March 28, 2017 Southlake Arts Council Meeting Page 4 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Attest: Leslie Bartlett, Chair Community Services Department A digital audio recording of this meeting is available in the Office of the City Secretary. NOTE: Five (5) of the regular seven (7) members of the Southlake Arts Council were present for this meeting. In the absence of Southlake Arts Council members Merlene Ingraham and Devika Seth, Southlake Arts Council Alternate #1, Kelly Trager, participated. An Alternate may sit as a regular member in the event of an absence of one or more regular members per Ordinance No. 908, Section 2. 2A - 4 2A - 5 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M April 19, 2017 To: Southlake Arts Council From: Jenni Lanier, Community Relations Manager Subject: Approve Southlake Historical Society’s “Shared Stories: Southlake, Denton County and the Wild West, 1840-1878” Exhibit permit for July 10, 2017 – August 28, 2017 in Town Hall lobby Action Requested: Southlake Arts Council approval of a permit to allow Southlake Historical Society’s “Shared Stories: Southlake, Denton County and the Wild West, 1840-1878” Exhibit art gallery reception on July 9, 2017 and historical art exhibit July 10, 2017 - August 28, 2017 in the Town Hall lobby Background Information: The “Shared Stories: Southlake, Denton County and the Wild West, 1840-1878” historical art exhibit will feature a display of framed maps, large cut-outs, and artifacts highlighting the area from 1840- 1870. The Arts Council will work with Southlake Historical Society on the selection of pieces to be included in the exhibit. The artwork will not exceed 30% of the lobby wall or floor space and will be displayed using the same gallery display system used for previous displays. The pieces will be placed based on size and aesthetic concerns related to color and composition. The exhibit gallery reception on July 9, 2017, 4:00-6:30 p.m., will require 100% of the lobby area and will include a program, refreshments and entertainment. Sponsors of the reception and exhibit are Southlake Arts Council and Southlake Historical Society. The proposed “Shared Stories: Southlake, Denton County and the Wild West, 1840-1878” arts exhibit will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. The permit for the exhibit and reception complies with provisions of the Public Art Display and Performance Policy. A copy of the permit is attached for your review. 3A - 1 Southlake Arts Council Meeting Date – April 25, 2017 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Financial Considerations: The City may contribute up to $2,000 for the reception, including refreshments and entertainment. Funding is available in the FY 2017 Public Art Budget. Strategic Link: This permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of providing opportunities for partnerships and volunteer involvement and enhancing the sense of community by providing excellent customer service and citizen engagement opportunities. Citizen Input/ Board Review: Southlake Arts Council consideration April 25, 2017 City Council approval of permits for temporary exhibits are not required per the revised Public Art Display Policy approved April 19, 2016 Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: Approve the permit as presented Approve the permit with modifications Decision not to approve the permit Supporting Documents: Public Art Display Permit Southlake Historical Society Denton County Exhibit Notes Public Art Display and Performance Policy Recommendation: Southlake Arts Council approval of a permit to allow “Shared Stories: Southlake, Denton County and the Wild West, 1840-1878” Exhibit art gallery reception on July 9, 2017 and historical arts exhibit July 10, 2017 - August 28, 2017 in the Town Hall lobby 3A - 2 Southlake Arts Council Public Art Display and/or Performance Facility and Property Use Permit Please Note: All requests are taken on a first-come, first-served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake – 2nd floor main lobby ___________________________________________________________________________________ CONTACT INFORMATION Applicant: Jenni Lanier, on behalf Southlake Historical Society & Southlake Arts Council Phone: 817.748.8186 Cell Phone: 214.564.8426 E-Mail Address: jlanier@ci.southlake.tx.us Address: 1400 Main Street #210 City: Southlake State: TX Zip: 76092 Alternative Contact: Connie Cooley Phone Number: 817.223-9606 E-mail: cecooley@verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Date(s): 1) Reception – July 9, 2017 2) Exhibit – July 10, 2017 through August 28, 2017 Type of Display or Performance: 1) Reception – The gallery reception will be held to kick-off the historical arts exhibit 2) Exhibit – The Southlake Historical Society’s “Shared Stories: Southlake, Denton County and Wild West, 1840-1878” historical arts exhibit will consist of 8-12 assorted art objects including photographs, paintings, artifacts and framed maps selected by the Southlake Historical Society. The theme of the exhibit depicts the life and times in Denton County and the Wild West. Duration of Event(s) or Performance: 1) Reception – The art gallery reception duration is July 9, 2017, from 4:00-6:30pm. 2) Exhibit – The duration of the historical arts exhibit is approximately seven (7) weeks (July 10, 2017 through August 28, 2017). Detailed Information including a wall or floor space plan, display or performance details, including planned activities and/or any equipment/special needs required: 1) Reception – The art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program and refreshments. The reception will be managed and arranged the same as previous approved events. 2) Exhibit – The historical arts exhibit will include photographs, artifacts and maps from Denton County (Southlake was in this County at the time) in 1840-1870. The exhibit will require less than 30% of the lobby wall space and 30% of the floor space and will be displayed using the same gallery display system used for previous displays. The exhibit will be managed and maintained by City of Southlake 3A - 3 Public Art Display and/or Performance Facility and Property Use Permit Page 2 staff. The exhibit is sponsored by the Southlake Arts Council and Southlake Historical Society. Publicity for the exhibit and reception will be provided by the City of Southlake and Southlake Historical Society. Organization Represented: Southlake Arts Council, Southlake Historical Society. Non-Profit: Yes X No ___ Is this display or performance to include a fund raiser? Yes ____ No X Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s) Please answer the following: Does your organization maintain a Southlake Mailing address or PO Box? Yes X No ______ Do a majority of your members, including officers, reside in Southlake? Yes X No ______ Will your event cause any impact on City Staff or City resources? Yes X No ______ 3A - 4 Town Hall Exhibit July 7-August 28, 2017 Shared Stories: Southlake, Denton County and the Wild West, 1840-1878 In the early days of Texas, the frontier was wide open; colorful characters and their exploits didn't stop at the county line. There weren't many lines. This was the West. Denton County came first, established in 1846, and Tarrant County came two years later. South- lake straddles both, so the stories of John B. Denton, John Simpson Chusum, Sam Bass, the women who built Chinn's Chapel, Judge Joe Carroll, Santana, Dot Babb and others are South- lake's stories, too. "Shared Stories: Southlake, Denton and the Wild West, 1840-1878" shows the history of our area through the eyes of some of the most intrepid cattle barons, vigilantes, hanging judges, pioneer women and Comanche in these parts. It will capture people's imaginations and entertain them with stories, photographs, maps, histori- cal art and artifacts of real-life events. 1.Setting the scene Illustration shown: Denton County 1936 Denton County Historical Map The Eastern Cross Timbers is a long, narrow strip of dense forest stretching from the Red River to just north of Waco: A narrow band of blackjack and post oak separates the region of Black Prairies on the east from the Grand Prairies on the west. A strip of sandy land from two to fifteen miles wide extending from southern Oklahoma to the Hill County. Deciduous hardwood trees with prairie scattered throughout. In 1840, there were no settlers. Nomadic Native Americans hunted buffalo. Anglo settlers began to trickle in around 1843. Once established in 1846, Denton County measured ap- prox. 30 square miles. Other counties in the area were forming, and set - tlers began to think of themselves as residents of Denton, Dallas, Collin or Tarrant counties. Area counties were ideally suited to pioneer subsis- 3A - 5 tence farming and cattle grazing. 2.Native Americans Illustrations shown: Nomadic Indian trails, photograph of bison and photograph of Native American, Santana
 For centuries, nomadic Native Americans hunted and camped in what later would be named Denton County. The Republic of Texas was rich in land but lacking in population and therefore anxious to promote Anglo immigration to the country. Indians were cleared out to make way for Anglo settlements. Until the 1870s, Denton County residents were kept on edge by rumors and reports of Indians who stole horses, cattle and sometimes women and children. Overall, the area was relatively un- scathed by Indians. The fear was mostly in the minds of the settlers, but kidnappings were real: Bianca Babb was 10 years old when she was taken by the Comanche and held for two years before being ransomed. She lived some of her life in Den- ton County and is buried in the Independent Order of Odd Fellows (IOOF) Cemetery there. Santanta, the chief who inspired Larry McMurtry’s Lonesome Dove character, Blue Duck, was brought through the county around 1870 on his way to the federal prison in Huntsville to serve out a life sen- tence for murder. His sentence was later commut- ed; however, he was subsequently arrested after taking part in the second Battle of Adobe Walls and returned to Huntsville. In 1878 he threw himself from a prison window and died. 3A - 6 3.John Bunyan Denton Illustration shown: John Bunyan Denton Most of the fighting between Indians and settlers was carried on not by rangers or the army, but by bands of settlers hurriedly formed into forces that resembled depu- tized posses. In 1841 a group of men that included Gen. Edward H. Tarrant, Claiborne Chisum and John Denton rode on a retalia- tion raid against Indians who had stolen cat- tle at the city limits that today join Arling- ton and Fort Worth. The Indian grass huts were burned at the Battle of Village Creek and some livestock was recovered. John B. Denton – a minister, lawyer, politician, farm and Indian fighting militiaman – was killed. He was buried near Justin. After 1850, when a county and city were named for him, Denton’s remains were moved to Bolivar by John Simp- son Chisum, whose father fought in the battle and had recounted the stories to his son. In 1901, Denton’s bones were buried on the grounds of the Denton County courthouse. 4.Women, church, and homelife Illustration: photograph of pioneer woman Chinn’s Chapel Church is situated within the Denton County cemetery grounds and is one of the oldest in Denton County. The chapel was built at the suggestion of four of the leading pioneer women of the community — Mary Chinn, Elizabeth Pinckley, Jane Wakefield and Mrs. Abra - ham Loving. They set a day in 1858 to build the structure and assigned neigh- bors to cut down and hew a particular number of logs to bring to the site so that when the time came for the “church-rais - ing" everything was ready. Pioneer farmers built small and some- times crude dwellings. In the yard of A rural Texas woman carries water back to her house. Cour- tesy of The Woman's Collection, Texas Woman's University. 3A - 7 every home could be found a large iron kettle for cooking. Meat formed the base of their diet, corn was the ideal subsistence crop feeding both humans and livestock and wild game and wild fruits and berries were abundant. Women made clothes by hand. Housework includ- ed endless cooking, floor-scrubbing, baby-tending and more. Guns and knives were everyday necessities. Farm life was repetitive, hard work and most people were compelled to rely on their neighbors and friends much more than today. Circuit- riding ministers served the church. The first Anglo baby born in Denton city was born to Spencer and Martha Ann Reynolds Graham, who would later move to the Dove community in now-Southlake. 5.John Simpson Chisum Illustration shown: photograph of John Simpson Chisum One of the Southwest’s greatest open-range cattlemen, John Simpson Chisum established his ranch in 1854 in Bolivar, Texas. His father, Claiborne Chisum, rode with Gen. Edward Tarrant and John B. Denton in 1841 in what was to be known as the Battle of Village Creek. John Chisum later moved to New Mexico. His family includ- ed Almeady Chisum who called him her father and who later would marry John Dolford “Bob” Jones and settle in now-Southlake. 6.Law, Rangers, Civil War Illustration shown: photograph of Judge Carroll Joseph A. Carroll, who moved to Denton in 1857, was a sec- ond lieutenant in Captain Otis Welch’s Company E of the First Chickasaw and Choctaw Mounted Rifles. After the war, he served as a judge in the Indian Territory of Oklahoma; his descendants still have a beaded stole given to him by mem- bers of the Delaware tribe. Later as a lawyer and judge in Denton County, Carroll came into contact with plenty of outlaws, men embroiled in land disputes, drunks, gamblers, cattle rustlers, mule thieves, bank robbers, shady dealers and killers.  The accused often were brought to town by the Denton County sheriff or Texas Rangers over roads that at first were 3A - 8 no more than winding paths known as the “old Indian trail,” “buffalo trail” and “ranger trail.”   Denton was a raucous town with plenty of saloons. It wasn’t unusual for drunken men arrest- ed during huge melees to fill the rock jail on the east side of the Denton square. In the late 1870s, two brothers thought to be members of a secret organization formed a few years after the war were tried in Judge Carroll’s court for several mysterious murders and found guilty.  After their appeals were denied, they were hung on the square in Denton as a huge crowd looked on.   Judge Carroll became one of Denton’s leading citizens, mayor and one of the founders of Texas Normal College, which today is the University of North Texas. 7.Bob Jones and Almeady Chisum Jones Illustration shown: Bob and Almeady Jones and their 10 children in front of their home which was located at the north end of White’s Chapel Blvd. John Dolford “Bob” Jones, born a slave in 1850 in Arkansas, became a prosperous landowner in the Roanoke-Southlake area and a well-respected rancher and family man. He was the son of a white man, Leazer Alvis Jones, and his slave, Elizabeth. The family moved to Texas when Bob was a child, and during the Civil War, his father returned to his white family in Arkansas. Young Jones moved closer to Denton Creek and started a cattle and farming operation. At his death in 1936, he owned between 1,000 and 2,000 acres on the Tarrant-Denton County line. Much of that land is now under Lake Grapevine. Today Jones is remembered as the namesake of Southlake’s Bob Jones Road, Bob Jones Park and Bob Jones Nature Center.  In 2012, Carroll ISD’s newest elementary school, Walnut Grove, was named for the one-room, eight-grade school Jones built for his grandchildren, who could not attend white schools. Bob Jones died in 1936. He is buried near his mother and other Jones family members in Medlin Cemetery in present-day Trophy Club. Almeada Jones was born a slave. She thought of John Chisum as her father and grew up in Bonham with her mother and sisters. When she was a teenager, she met Jones at a dance in Bonham, and they were later married in her sister Harriet’s home. After the wedding, according to an interview she gave in 1941, they loaded her pos - sessions in a covered wagon and came to their home (in present-day South- lake) where they had 10 children. 3A - 9 8.Sam Bass Illustration shown: newspaper clipping of Sam Bass — a rendering of Bass would be created. Sam Bass came to Denton in 1872 as a “seemingly a normal young man” and worked in a wagon yard. He became Denton’s best known outlaw. He got into horse racing in 1875 when he acquired a sorrel mare, the “Denton Mare.” After becoming a stagecoach, train and bank robber, the outlaw returned to Den- ton County and success- fully hid for months in brushy caves near Bolivar and south of Denton (and near Roanoke, it’s said). He was killed in 1878 in Round Rock, Texas. Other items and illustrations (but not limited to) that are avail- able for consideration include: Circuit preacher’s Bible box used to carry the Bible strapped to a saddle. Currently archived in the Denton County Museum on the Square, Denton and available for the exhibit. 3A - 10 Original Peters’ Colony map. Currently archived in the Denton County Museum on the Square, Denton and available for the exhibit. The Peters’ Colony was an empresario contract with the Republic of Texas to recruit settlers to North Texas. 3A - 11 
 The importance of the settlers’ wagons and how families packed for their trip west illustrated here. Early pioneer life was hard. Handmade log structures served as churches and homes for the pioneers who settled here in the mid 1800s. Southlake’s Log House in Bicentennial Park is one such reconstruction. 3A - 12 The phrase, “Gone to Texas,” and its acronym illustrated here. Before he was president of the Republic of Texas, Sam Houston worked to settle treaties with Native Americans including a stay at Grapevine Springs (near present-day Grapevine and Coppell) awaiting several tribes’ appearance. 3A - 13 04/19/2016 City Council Approved (7-0) Public Art Display and/or Performance Policy __________________________________________ Policy: Display and/or Performance of art in public facilities or other city properties Source: City Council Effective Date: _____________________________________________________________________ 1.0 Purpose: The purpose of this policy is to create a procedure to determine what art can be displayed within public facilities or other city property, and for how long, as well as to create an administrative framework for control of displayed artwork and related issues of liability, while epitomizing the City’s core values of integrity, innovation, accountability, commitment to excellence, and teamwork. 2.0 Goals: 2.1 To create a process and to put controls in place for temporary display of art in public facilities and parks. 2.2 To provide a policy and a process for temporary art displays in public facilities by: 2.2.1 Requiring little or nominal expense to the City to display works of local and nationally recognized professional artists; 2.2.2 Providing a more satisfactory esthetic experience for citizens visiting public facilities or parks; 2.2.3 Creating an incentive or destination for citizens to utilize public facilities in order to involve them more in local government; and, 2.2.4 Drawing citizens and others to shopping venues contiguous to public facilities and parks. 2.3 To provide a policy and a process for permanent art displays in public parks and city facilities. 3.0 Definitions: 3.1 Arts in public places – Any art displayed, performed, or demonstrated in City parks, rights of way, or the interior/exterior of any City facility. 3A - 14 Public Art Display and/or Performance Policy Page 2 of 12 04/19/2016 City Council Approved (7-0) 3.2 Artwork – Includes, but is not limited to, a sculpture, monument, mural, painting, fountain, or stained glass. 3.3 Artist – A practitioner in the visual and/or performing arts generally recognized by critics and peers as a professional of serious intent and recognized ability that produces fine works of arts. 3.4 City – Shall mean the City of Southlake, Texas. 3.5 Deaccession – The removal, relocation, selling, auctioning, or trading of artworks owned by the City. 3.6 Donations (and Gifts) – Arts donated to the City from a private individual or institution and/or other outside sources. 3.7 Loan – Works of art provided to the City to display for a predetermined period of time and to be returned to the owner after the loan period has expired. 3.8 Southlake Arts Council - A board appointed by the City Council that makes recommendations to the City Council regarding the public arts program. 3.9 Permanent arts in public places - Any visual work of art displayed in City parks, rights of way, or the interior/exterior of any City facility. 3.10 Donor - An individual, private company, community group, or other organization who places artwork in City parks, rights of ways, the interior or exterior of any City facility and/or private facilities and/or properties. 3.11 Public Arts Collection – Consists of all City of Southlake owned or controlled fine works of art. 3.12 Art Exhibit Agreement – Agreement that will exist between the City of Southlake and artists who display temporary exhibits in city facilities or on city property. 3.13 Temporary arts in City facilities or property – Any visual or performing work of art in city facilities or property. 3.14 Facility Arts Display Performance Use Permit - Form is required to be filled out and processed by staff for Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by city departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. 3A - 15 Public Art Display and/or Performance Policy Page 3 of 12 04/19/2016 City Council Approved (7-0) 4.0 Placement of temporary art exhibits or performances at public facilities or other city property: 4.1 Planned Visual Art Exhibits, temporary – The Southlake Arts Council may present up to three Calls to Artists per annum and would select the artist(s) to present artwork in accordance with the Call to Artist SOP. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Temporary exhibits would occur no more than five times per year with one of those times being reserved for CISD student art. Art exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.2 Ad Hoc Visual Arts Exhibits, temporary – Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff, and would occur when space is available as determined by staff. A Facility Arts Display/Performance Form will need to be submitted to the Arts Council liaison at least six weeks in advance of the showing. The Southlake Arts Council will review and approve or deny all applications in order to determine appropriateness of the application in a requested venue. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.3 Performing Arts Programs, temporary – These programs are limited to single performances. A Facility Arts Display/Performance Form will need to be submitted to the Southlake Arts Council liaison at least six weeks in advance of the performance and will be subject to review and approval by the Southlake Arts Council. City sponsored performances in City facilities that are not generally used for programming will be the responsibility of the department or division sponsoring or providing the event. The sponsoring department or division is responsible for submitting proper forms to the Southlake Arts Council liaison. City department art displays, 3A - 16 Public Art Display and/or Performance Policy Page 4 of 12 04/19/2016 City Council Approved (7-0) events or programs may be available for Southlake Arts Council review but not approval; all other applications will require Southlake Arts Council review and approval. 4.4 Donated art to be placed in public facilities – Donated art will be reviewed by the Southlake Arts Council and a recommendation will be made to the City Council for placement of the art in a city facility or on city property. Credence and a clear preference will be given to location indicated by donor, but the City Council will make any and all final determinations on placement. 4.5 Art Exhibit Agreement – Art displayed on a temporary basis will require that the artist and the City of Southlake sign an agreement that determines the length of time for displays. Key components are: 4.5.1 Artwork and agency: The artist shall agree to lend his/her artwork for temporary display at no cost to the city; 4.5.2 Installation and curatorship: The artist shall deliver the artwork in a form that is ready for immediate display; 4.5.3 Artist’s assumption of liability and waiver removal of artwork: The artist shall acknowledge and agree that the City will not provide security for the exhibition, including without limitation, set up, operation and tear down of the exhibit, and the City should not, for any reason, be liable for lost, stolen, or damaged artwork and/or any related materials associated or used with the exhibit; and, 4.5.4 Conflicting events: The City will coordinate scheduling of exhibits. Should a conflict arise between the exhibit and a function of the City, the City’s event and/or function will take precedence. 4.6 Facility Arts Display Performance Use Permit: The permit is required to be filled out and processed by staff for the Southlake Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by City departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. Extensions of time can be requested for both ad-hoc and planned art displays for a period to be determined by the city staff members who administer the arts program. Any extension of time will be based on, but not limited to, the following: upcoming displays, City Manager’s office requests, approval by City Council and other staff - determined administrative needs. 4.7 Sales of displayed art work: Art work that is displayed can be made available for sale by the artist, but the artist or their representative cannot actively solicit the sales of art other than passively indicating (discreetly) the artists’ contact information and pricing near the artwork. The city will not be involved in any such transactions and will not solicit sales of items on behalf of an artist or their agents. 3A - 17 Public Art Display and/or Performance Policy Page 5 of 12 04/19/2016 City Council Approved (7-0) 4.8 Art displayed and sold for fundraising: Art can be displayed and sold as part of a fundraising event, but the fundraising can only occur actively at specific events that need to be negotiated with the City. City facilities will not be a site for continuous/ongoing fundraising. Fundraising events can only occur for non-profit organizations. Applications specifically for Town Hall will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. 5.0 Placement of permanent art exhibits or pieces at public facilities or other cit y property: 5.1 Purchased Public Art – The placement and purchasing process of the Southlake Arts Council, which includes a Call to Artists, and subsequent selection process will be followed. The Southlake Arts Council will make recommendations on placement, artwork, and artists to the City Council who will make any and all final determinations on the said placement and the artwork/artists. 5.2 Donated Public Art - The Southlake Arts Council will make recommendations on placement to the City Council who will make any and all final determinations on the said placement of the donated art. 3A - 18 Public Art Display and/or Performance Policy Page 6 of 12 04/19/2016 City Council Approved (7-0) City of Southlake Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first-come, first-served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested__________________________________________________________________ ____________________________________________________________________________________ CONTACT INFORMATION Person Responsible: ___________________________ Phone: _______________________________ Cell Phone: _________________________ E-Mail Address: ________________________________ Address: _____________________________ City ___________________________ State ________ Zip ________ Alternative Contact: Name: ______________________________________________________________________________ Phone Number: ________________________________ E-mail: ________________________________ DISPLAY or PERFORMANCE INFORMATION Requested Date: ______________________________________________________________________ Type of Display or performance: __________________________________________________________ Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs:____________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Organization Represented: ______________________________________________________________ Non-Profit: Yes _______ No _______ Is this display or performance to include a fundraiser? Yes ________ No ________ Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Yes _____ No ______ Do a majority of your members, including officers, reside in Southlake? Yes _____ No ______ Will your event cause any impact on City staff or City resources? Yes _____ No ______ 3A - 19 Public Art Display and/or Performance Policy Page 7 of 12 04/19/2016 City Council Approved (7-0) ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Artist)_________________________________________ This Art Exhibit Agreement (“Agreement”) is made and entered into this ___ day of __________________, by and between the City of Southlake, Texas (“City”), a Home - Rule Municipal Corporation and __________________________________ (“Artist”) on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from __________ through ___________ and any additional dates agreed to in writing; and, WHEREAS, the Exhibition will be located at a facility of the City of Southlake; and, WHEREAS, in exchange for the promotion of the arts, Artist desires to lend, at no cost to City, his/her Artwork (hereinafter defined) for display at the Exhibition as set forth below; and, WHEREAS, the City has investigated and determined that it would be beneficial and in the best interest of the City and its citizens to allow the Artist to place the artwork at City Hall to promote visual arts in the City on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, Artist and City agree as follows: 1. Artwork and Agency. Artist agrees to, at no cost to City, lend his/her Artwork, as more particularly described and/or depicted on Exhibit A, attached hereto and incorporated herein for all purposes, for display at the Exhibition (“Artwork”). All modifications or additions to Exhibit A shall be in writing, signed by both parties, and attached to this Agreement. Artist and City agree that City is not, under any circumstance, acting as Artist’s agent, dealer and/or exclusive seller. The parties acknowledge and agree that the Exhibition is the sole and exclusive event of the City in its promotion of public art. 2. Delivery/Loan Period. Artist hereby agrees to loan the Artwork to City from __________ through ___________. Artist shall, at his/her sole cost and expense, be responsible for delivery and removal of the Artwork from the Exhibition, said removal to occur no later than ___________(“Removal Date”). Artist acknowledges and agrees that space is limited in City Hall and that all artwork submitted for display during the Exhibition is subject to the review and approval of the Southlake Arts Council. 3. Installation and Curatorship. Artist shall deliver the Artwork in a form that is ready for immediate display. Two-dimensional (“2D”) Artwork shall be wired for hanging and three dimensional (“3D”) artwork must be ready for installation 3A - 20 Public Art Display and/or Performance Policy Page 8 of 12 04/19/2016 City Council Approved (7-0) immediately upon delivery to the Exhibition. Artist shall tape the following information on the back of 2D pieces and attach temporarily to 3D pieces: Artist’s name, title of piece, and medium. The Artwork must be approved, in its sole discretion, by the Southlake Arts Council. 4. Artist Assumption of Liability and Waiver/Removal of Artwork. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation and teardown of the Exhibition, and City shall not, for any reason, be liable for any lost, stolen and/or damaged Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Artwork and/or Exhibition. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE ARTWORK AND/OR EXHIBITION. Should Artist fail to remove the Artwork by the Removal Date, City shall have the right to dispose of the Artwork and any other items related thereto in any manner deemed appropriate solely by City. Artist shall be responsible for any and all costs and expenses associated with City’s removal of the Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Exhibition as provided in this Paragraph. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO, CITY’S REMOVAL OF THE ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AS PROVIDED IN THIS PARAGRAPH. 5. Photographic Rights. Artist hereby grants permission to City to photograph and/or videotape and/or to authorize others to photograph and/or videotape the Artwork and Exhibition for any non-commercial use, including but not limited to, installation documentation, publicity of the Artwork and/or Exhibition, record keeping and additional non-commercial purposes such as, among others, educational, public relations and promotion of the arts. 6. Representations and Warranties Regarding Copyright. Artist hereby warrants and represents that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. 3A - 21 Public Art Display and/or Performance Policy Page 9 of 12 04/19/2016 City Council Approved (7-0) 7. Termination/Waiver of Damages. This Agreement may, at any time, be terminated for any reason or no reason at all. Should City terminate this Agreement, ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO CITY’S TERMINATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACTUAL AND/OR CONSEQUENTIAL DAMAGES. 8. Conflicting Events. City will coordinate the scheduling of the Exhibition so as not to conflict with any event and/or function of the City. Should a conflict arise between the Exhibition and an event and/or function of the City, the City’s event and/or function shall take precedence over the Exhibition. 9. No Security/Waiver of Damages/Liability. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation, viewing by the public and/or removal of the Artwork at the conclusion of the Exhibition, and City shall not be liable for any lost, stolen and/or damaged property, materials, equipment and/or the Artwork and any other items associated and/or used in conjunction with the Exhibition and/or Artwork. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, IT MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED PROPERTY, MATERIALS, EQUIPMENT AND/OR THE ARTWORK AND ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AND/OR ARTWORK. 10. Indemnification. ARTIST SHALL DEFEND, INDEMNIFY, SAVE HARMLESS, AND EXEMPT CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL LAWSUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS’ FEES INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT AND/OR THE SET UP, OPERATION, VIEWING BY THE PUBLIC AND/OR REMOVAL OF THE ARTWORK AND ARISING OUT OF A WILLFUL AND/OR NEGLIGENT ACT AND/OR OMISSION OF THE CITY AND/OR ARTIST, THEIR RESPECTIVE OWNERS, OFFICERS, PARTNERS, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS AND/OR EMPLOYEES. This Paragraph shall survive the termination of this Agreement. 11. Entirety of Agreement, Governing Jurisdiction and Mediation. This Agreement constitutes the entire Agreement between the parties. No modification will be enforceable except in writing and signed by both parties. This 3A - 22 Public Art Display and/or Performance Policy Page 10 of 12 04/19/2016 City Council Approved (7-0) Agreement is governed by the laws of the State of Texas. In the event that any dispute arising under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City’s other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. b. Assignment. This Agreement is not assignable without the prior written consent of City. c. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre- paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. 3A - 23 Public Art Display and/or Performance Policy Page 11 of 12 04/19/2016 City Council Approved (7-0) For purposes of notice, the addresses of the parties shall be as follows: If to the Artist: Attn: ________________________ ________________________ ________________________ If to the City of Southlake: Attn: City of Southlake, Public Arts Liaison 1400 Main Street, Suite 210 Southlake, Texas 76092 d. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. f. Execution. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. g. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. h. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. i. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed herein. 3A - 24 Public Art Display and/or Performance Policy Page 12 of 12 04/19/2016 City Council Approved (7-0) j. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Miscellaneous Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. l. Miscellaneous Drafting Provision. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. m. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. CITY: ______________________________ DATE: ________________ City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 ARTIST: _______________________________ DATE: ________________ _______________________________ _______________________________ _______________________________ 3A - 25 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M April 19, 2017 To: Southlake Arts Council From: Jenni Lanier, Community Relations Manager Subject: Review Locations for Lyman Whitaker Sculpture Action Requested: Southlake Arts Council review of possible locations for artist Lyman Whitaker’s proposed public art sculpture. Background Information: This item is a follow-up to previous agenda discussions and considerations to commission an art piece for a City park. The purpose of this discussion is to allow the Arts Council the opportunity to review a concept proposal for the kinetic art sculpture to be installed in Rustin Park pavilion area or other alternative sites, including the previously approved location in Frank Edgar Cornish, IV Park. Based on the discussion, Arts Council may wish to direct staff to place an item on the May 23rd Arts Council meeting agenda to make a formal recommendation to City Council on a proposed location for the sculpture. Presented for Southlake Arts Council discussion is a concept proposal for a kinetic art sculpture at Rustin Park Pavilion and a copy of the concept proposal for Frank Edgar Cornish, IV Park. Financial Considerations: Funding in the amount of $75,000 for the design and installation of artwork was approved in the FY 2016 Public Art budget for Phase 1 of the Public Sculpture Program. Funding is also allocated in the FY 2017 Public Art Budget to complete the project. Artist(s) chosen as the finalist will be granted a $500 stipend to complete a model of their final concept. The Call to Artists identified the maximum project budget as $70,000, with $5,000 being set aside for installation expenses incurred by the City. 4A - 1 Southlake Arts Council Meeting Date – April 25, 2017 Page 2 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Strategic Link: Selection of Public Art is linked to the City’s Strategy Map related to the focus area of Quality Development and meets the corporate objective to provide attractive and unique spaces for the enjoyment of personal interests. It also addresses Critical Business Outcome CB01, to implement Southlake 2030 Plan by focusing on short-term initiatives. Further, implementation of the Sculpture Program is a recommendation of the 2030 Public Art Master Plan. Citizen Input/ Board Review: December 2015 a Call to Artists released February 9, 2016 Southlake Arts Council reviewed 16 submittals received from Call; none of the submittals demonstrated an impressive kinetic movement envisioned for project; therefore the Call was closed without selection March 22, 2106 Southlake Arts Council considered options; recommended working with artist Mark White for the art sculpture “Swan,” pending demonstration of movement of the piece. Artist Lyman Whitaker was selected as an alternate artist. May 23, 2016 Southlake Arts Council reviewed the concept and video demonstration of the movement of the “Swan” and voted (6- 0) not proceed with the art piece provided by Mark White, and to explore possible kinetic art piece from alternate artist Lyman Whitaker September 27, 2016 Southlake Arts Council reviewed preliminary concept proposal provided by artist Lyman Whitaker December 13, 2016 Southlake Arts Council recommendation (5-0) to approve artist Lyman Whitaker’s concept proposal for public art for Frank Edgar Cornish, IV Park; with a comment to City Council that for the base, there was a 3-2 favor of a circular base versus an octagonal base, and that both the circular base and the octagonal base images will be presented to the City Council At the January, February and March 2017 Southlake Arts Council meetings, Arts Council explored potential locations for the sculpture Southlake Arts Council review of locations for Lyman Whitaker sculpture April 25, 2017 4A - 2 Southlake Arts Council Meeting Date – April 25, 2017 Page 3 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City Council consideration of final concept and location; and personal services agreement June 6, 2017 Legal Review: Not Applicable Alternatives: Discussion and direction as desired Supporting Documents:  Lyman Whitaker – Preliminary concept proposal for Rustin Park  Lyman Whitaker – Final concept proposal for Frank Edgar Cornish, IV. Park  Sculpture Specifications with Layout Information Sheet Recommendation: Southlake Arts Council Council review of possible locations for artist Lyman Whitaker’s proposed public art sculpture at Rustin Park pavilion area and/or other locations. 4A - 3 4A - 4 4A - 5 4A - 6 1 Leslie Bartlett a a a 100%2.5 2017 67% 2 Merlene Ingraham r a r 33%1 3 Jesika Cook a r a 67%1.5 4 Terri Messing a r a 67%1.5 5 Devika Seth r r r 0%0 6 Miriam Murray a a a 100%2.5 7 Tamara McMillan a a r 67%1.75 Alt 1 Kelly Trager a a a 100%2.5 75%63%63%a In attendance Total Hrs Per Month 0.75 1 0.75 2.5 r Not in attendance, no substitute m Substitute in attendance n Vacant position 0 Meeting Canceled *Meeting Canceled due to no quorum Change in Representative Southlake Arts Council Attendance Report Place Name 1/24/17 2/28/17 3/28/17 4/25/17 5/23/17 6/27/17 7/25/17 Individual Attendance Rate Hrs To Date8/22/17 9/26/17 10/24/17 11/28/17 Average Monthly Attendance Rate Meeting Attendance Rate (includes substitutions) 12/26/17 Packet Insert - Southlake Arts Council Attendance Report