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Items 6A and 6BCity of Southlake, Texas MEMORANDUM April 24, 2007 To: Shana Yelverton, City Manager From: Steve Polasek, Director of Community Services Subject: 1) Ordinance No. 908, 2 "`' Reading, Amend Chapter 2, Administration, Article V of the Southlake City Code; and, 2) Ordinance No. 803 -A, 2 " d Reading, Amend Chapter 2, Administration, Article XI of the Southlake City Code Action Requested: Consider approving Ordinance No. 908, 2nd Reading, Amend Chapter 2, Administration, Article V, Boards and Commissions of the Southlake City Code by adding a Division 6 to establish the Southlake Arts Council. Consider approving Ordinance No. 803 -A, 2 Reading, Amend Chapter 2, Administration, Article XI, Public Arts Policy of the Southlake City Code. Background: With the future of public art in Southlake potentially including the development of a performing arts center and an enhanced emphasis on art well beyond public sculptures, the proposed Ordinance No. 908 and Ordinance No. 803 -A are the next important steps toward strengthening the City's commitment to the arts. The proposed Southlake Arts Council will provide the City Council the revitalized management structure necessary to serve as an advisory board and establish a more unified approach to coordinate art projects, programs, and activities. The proposed Southlake Arts Council would provide input and recommendations to City Council concerning all matters pertaining to public art including: • Incorporation of art into the design of selected city projects (project review and commissioning of art pieces for public spaces /facilities) • Recommend use of city funds for art projects and facilities (budget and financing of the arts; performing arts center development) ■ Visual and performing art programs and facilities; the City's arts policy; and the acceptance and placement of art related gifts, loans and donations The proposed ordinances contain a change since being reviewed during 1St reading to include language to allow the Arts Council 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. This proposed change will allow the Arts Council to accept such donations, thereby increasing their role and responsibility and reducing the burden on Council to consider small art donation items. Financial Considerations: Not applicable. Citizen Input/ Board Review: The City Council approved the proposed ordinances on 1 st reading (6 -0) at their May 1, 2007 meeting. Mayor Pro Tern Carolyn Morris, the City Manager, and staff met with members of the Public Art Advisory Commission at their April 24, 2007 meeting to discuss the proposed changes of the public art governance structure. The meeting was very positive and members were supportive of the City's commitment to the arts and proposal to further strengthen the arts governance structure. Legal Review: The City Attorney has reviewed the proposed ordinances. Additional document clarification was performed on both proposed ordinances following first reading; however, there are no substantive changes beyond that previously mentioned. Alternatives: City Council review and consideration of the proposed ordinances. Supporting Documents: Supporting documents include: • Proposed organizational structure (org chart) • Proposed Ordinance No. 908 • Proposed Ordinance No. 803 -A Staff Recommendation: Council consideration of Ordinance No. 908, 2 Reading, Amend Chapter 2, Administration, Article V, Boards and Commissions of the Southlake City Code by adding a Division 6 to establish the Southlake Arts Council. Council consideration of Ordinance No. 803 -A, 2nd Reading, Amend Chapter 2, Administration, Article XI, Public Arts Policy of the Southlake City Code. Southlake City Council Southlak Arts Counci APE-1 Arts League it in tile Other sqllare Interests 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 of the 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 "). See. 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 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. 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 concerning 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 (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. SECTION H 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 DAY OF , 2007. ATTEST: CITY SECRETARY MAYOR PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2007. ATTEST: CITY SECRETARY MAYOR APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: CITY OF SOUTHLAKE ORDINANCE NO. 803 -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 2, ARTICLE XI, PUBLIC ARTS POLICY, OF THE SOUTHLAKE CITY CODE TO PROVIDE THAT THE SOUTHLAKE ARTS COUNCIL SHALL REVIEW PUBLIC ART ISSUES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL CONCERNING PUBLIC ARTWORKS; PROVIDING THAT THE PUBLIC ARTS ADVISORY COMMISSION IS ABOLISHED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the goal of the City Council to provide a fair and equitable method of selecting, acquiring or otherwise providing for elements of public artworks based on aesthetic excellence rather than specific content; and WHEREAS, the City Council has recently adopted Chapter 2, Article V, Division 6 of the Southlake City Code which provides that the Council shall appoint the Southlake Arts Council to serve as an advisory body and make recommendations to the Council concerning public artworks; and WHEREAS, the City Council is grateful to the existing Public Art Advisory Committee ( "PAAC ") which has provided valuable advice and recommendations to the City Council on various issues concerning public art; and WHEREAS, the City Council now desires to amend the City's Public Art Policy to abolish the PAAC and assign the current duties and responsibilities of the PAAC to the Southlake Arts Council, together with new and additional duties and responsibilities; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. That Chapter 2, Article XI, Public Art Policy, of the Southlake City Code is hereby amended to read as follows ARTICLE XI. PUBLIC ART POLICY Sec. 2 -451. Purposes and goals. (a) Purpose. The purpose of the public art program is to support a public process for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning of art of the highest standards which shall enrich the quality of life for all residents and visitors of the city. (b) Goals. The goals of the public art program are to create a better visual environment for the residents and visitors of the City and to integrate the design of work of artists into the development of eligible City projects, as expressed in the public art plan. The public art policy specifically seeks to: (1) Encourage the selection of artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines; (2) Foster quality design and the creation of an array of artwork in all media, materials and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves; (3) Select experienced artists who can represent the cultural landscape of the City. (4) Encourage the selection of artworks that are accessible to the public and respect the historical resources and mobility of the citizenry; (5) Encourage artists, artworks and programs for open spaces, parks, and facilities that enhance the quality and pride of neighborhoods in the City; (6) Encourage the participation by citizens in the process of acquiring and commissioning of public art; (7) Encourage the role of public art in enhancing economic development and cultural tourism; (8) Encourage the role of artists and public art in the functional design of eligible projects; and (9) Exhibit art in designated facilities for the enjoyment of the public and to heighten awareness and appreciation for art. Sec. 2 -452. Definitions. In this Article, the following terms shall have the meanings set forth herein: Artist: A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artworks. Artist services: Professional services by artists to develop designs for artworks or other architectural, landscape, or urban design elements, either individually or as a member of a project design team. Artists registry: A regional local, national, and international slide and digital collection of artists and artworks used as a resource for art, art activities, and for the public art selection process. Artivork: A work of visual art created by or under the direction of one or more artists, including a painting, drawing, print, sculpture, photographic image, or multimedia work, whether two- or three dimensional, existing in a single copy or in a limited edition of 200 or fewer copies that are consecutively numbered by the artist and bear the signature or other identifying mark of the artist. Deaccessioning: The removal, relocation, selling or trading of artworks owned by the City. Donations (and gifts): Art donated to the City from a private individual or institution and /or other outside sources. Loan: Artworks provided to the City for its use for a period of time and to be returned to the owner after the loan period expires. Policy: This public art policy as adopted by the City Council, including any future additions, deletions or revisions thereto. Public art project: A commission, acquisition, loan or donation of artwork to the City pursuant to this policy, including the process by which such event is initiated, developed, evaluated, conducted and completed. Southlake Arts Council: An advisory board appointed by the City Council to make recommendations to the City Council concerning matters pertaining to public art and art activities, including but not limited to visual arts, performing art programs and art facilities. Sec. 2 -453. Applicability. (a) Applicability. This policy applies to all artwork commissioned by, acquired by, loaned to, or donated to the city for the purpose of public exhibition or use, except as provided otherwise in this section. (b) Exclusions. This policy does not apply to: (1) Works that are mass produced or created primarily for merchandising, advertising, or commercial purposes; (2) Works that are made by public or private school students as part of school curriculum or approved extracurricular activity; (3) Works that are otherwise recognized by the City Council as being outside the scope of the policy's purposes and goals. Sec. 2 -454. General criteria for public art project development. (a) Aesthetic excellence. The art projects shall strive to be of the highest aesthetic and enduring value. (b) Site specific. The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context. (c) Durability of design and materials. Art projects shall be designed with consideration of minimum maintenance requirements and maximum resistance to vandalism. Sec. 2 -455. Implementation and oversight of policy. (a) City Council. The City Council shall have ultimate authority to review, evaluate, accept, reject and oversee all phases of public art projects and the implementation of this policy, except as provided otherwise in this Article. (b) Southlake Arts Council. The Southlake Arts Council (hereinafter referred to as "the Arts Council ") shall have the authority to perform the following functions: (1) Make recommendations to the City Council concerning matters relating to public art, art activities and art facilities as provided in Chapter 2, Article V, Division 6 of the City Code, as amended. (2) Accept and fund from the budget, if any, provided the Arts Council by the City Council public arts projects, provided such public arts projects are consistent with this Article and the policies regarding public art established by the City Council. (3) Accept donations within the monetary limits provided in Chapter 2, Article V, Division 6 of the City Code. (c) Department of community services responsibilities. The Department of Community Services shall have the following responsibilities: (1) Maintain an inventory of publicly accessible spaces which are potential sites for placing artworks and /or incorporating art into the design of the projects; (2) Plan, develop and coordinate existing and future sites for the incorporation of artworks and artist services; (3) Develop and implement artwork projects at the specific sites, as designated by City Council; (4) Inform the Arts Council and /or City Council of any departmental activity related to the development and implementation of artwork and artist services; (5) Inform the Arts Council and /or City Council of planning for targeted improvement areas, which could potentially incorporate an art project; (6) Maintain all public works and art places as the responsibility and property of the City; and (7) Act as a liaison between the Arts Council, City departments, artists and the public. Sec. 2 -456. Approval process. (a) Initial review. Each public art project proposal proposed for approval by the City shall be submitted to the Arts Council for review. During such review process, the Arts Council may (1) request revisions and resubmission, (2) reject the proposal, or (3) if the budget provided the Arts Council by the City Council has a sufficient balance to fund such project, tentatively accept the proposal, or (4) if the budget provided the Arts Council by the City Council does not has a sufficient balance to fund such project, but the Arts Council still determines that the City should accept the project, recommend that the City Council accept the project. Each public art project proposal so recommended for approval by the Arts Council and the Department of Community Services shall be submitted to the City Council for review. During such review process, the City Council may (1) request revisions and resubmission, (2) reject the proposal, or (3) tentatively accept the proposal. (b) Public comment and final acceptance. If a public art project is tentatively accepted as provided in this Article, the proposal shall then be made available for public review and comment in a manner designated by the City Council. Public comments on the proposal shall be provided to the Arts Council and the Department of Community Services for review and consideration. If the budget provided the Arts Council by the City Council has a sufficient balance to fund such project, the Arts Council shall determine whether to finally accept and fund the project from its budget. If the budget provided the Arts Council by the City Council has a sufficient balance to fund such project, the Arts Council and the Department of Community Services shall then make their final recommendations on the proposal to the City Council for its determination. Sec. 2 -457. Funding. (a) Percent for art. The City Council shall determine, after all estimates of necessary expenditures and all requests for authorizations and appropriations for City capital improvement plan (CIP) projects, an amount for art not exceeding one percent of the original estimated construction cost of any eligible project. For CIP construction projects, the original estimated construction cost shall be that estimated in the CIP for the year in which such funding is approved by the City Council. (1) For those projects which are only partially funded by the City, assessment shall be based on the City's portion of the original estimated construction cost. All City grant applications for federal, state, or county support of eligible construction projects shall include a request for funds for the purpose of public art projects. Additionally, the City shall actively seek to encourage its partners in all joint public /private ventures to participate in public art projects. (2) As provided in the policy, the Arts Council shall make periodic reviews, at least annually, of all CIP projects and other City construction projects. This review shall occur during the CIP planning process and annual operating budget process, for the purposes of making recommendations to the City Council regarding appropriations for works of art and art projects. (3) A public art fund shall be established by the City for the purposes of administering public art projects. The funds contained in said account shall be used for the selection, acquisition, installation, and substantive structural repair and maintenance of art and art projects commissioned and /or purchased through the program. These public art funds shall be maintained in accordance with accepted governmental accounting procedures. All appropriations to and allocations from the public art fund shall occur in accordance with any legal restrictions associated with the source of funds. (4) The City Council may allocate a portion of the public art fund described in this section to be disbursed by the Arts Council pursuant to the authority, duties, and responsibilities described in this Article. (5) Except as provided otherwise in this Article, the City Council must expressly authorize all disbursements from the public art fund. (b) Improvement districts. The City, at its discretion or by representation from others, may petition to create improvement districts as authorized under Chapter 372 of the Local Government Code for purposes which may include the provision of public art. The hearings, assessments, service plans, and disbursements of any improvement district shall comply with the provisions of Chapter 372. (c) Grants. The City shall actively pursue any state grant monies for public art for which it may be eligible and shall deposit said monies into the public art fund for disbursement. (d) Donations or gifts. Donations and gifts of money accepted by the City shall be deposited in the public art fund. Sec. 2 -458. Donations and loans of artwork. (a) City Council authority regarding acceptance of Donations. Except as provided otherwise in this Section, any decision regarding acceptance concerning a donation or loan of artwork will be made by the City Council upon a recommendation of the Arts Council, with each proposed donation or loan being reviewed on an individual basis. (b) Exceptions. Exceptions to this review process are: (1) Exhibitions or loans of 60 days or less. Any artwork or exhibition of artworks to be displayed on City property for 60 days or less will not be subject to the above outlined review process. Review and approval will be the responsibility of the department or agency with jurisdiction over the space involved. (2) Gifts of state. Gifts of state presented to the City by foreign governments (municipal, state, or national) may be accepted by the Mayor or the City Manager on behalf of the City. (3) Donations within authority of Arts Council. Donations reviewed and accepted by the Arts Council within the authority granted the Arts Council. Sec. 2 -459. Criteria for Exhibitions. (a) Criteria for donations and Loans. Criteria for exhibitions of artwork, including donations or loans of artwork requiring review: (1) An exhibit agreement shall be executed outlining the responsibilities of the exhibitor and the City. The City assumes no liability for the exhibition or loan other than specifically outlined in this agreement, and the artist shall execute a waiver of liability agreement. (2) The City shall in no way act as agent in connection with the sale of exhibited works not owned by the City. (3) Purchase prices shall not be posted, nor shall they be listed in exhibit brochures. (4) Inquires regarding purchase prices shall be referred to the exhibitor or his /her agent. (5) Transactions for the purchases of exhibited items shall be directly between the purchaser and the exhibitor or his /her agent. Such transactions shall not be conducted on or in the exhibit site. (6) The City shall receive no fees, commissions or other regard from purchase of items from exhibits. (7) The City employees shall be treated as any other citizens with regard to purchase of exhibited items. (8) The City shall control the location and arrangement of all temporary exhibitions, and reserves the right to reject any part of an exhibition or to change the manner of display if the items to be exhibited are lacking in artistic or cultural merit. (9) Book lists, posters, signs, brochures, publicity, and all materials relative to any exhibit shall be subject to review and approval by the City. (10) Appropriate placement of public arts projects shall be determined by the City Council upon a recommendation of the Arts Council. Appropriate recognition and publicity shall be the responsibility of the City Manager's office. Provision for maintenance must be resolved when the gift is accepted. (11) No exhibited item sold during the period of the exhibition may be removed before the end of the exhibition unless such removal and any necessary rearrangement is approved by the City. (12) The City may from time to time make exceptions to these policies in areas especially designated for the sale of artworks, such as in the context of special events. (13) If the City does not receive notification regarding where an exhibit should be shipped (if a traveling exhibition), or if the exhibit is not claimed and removed within 15 days after the closing date, there shall be a charge to the exhibitor or owner of the item(s) exhibited, of a reasonable daily storage fee. This fee shall begin on the sixteenth day following the close of the exhibit. If the items are not claimed within three months following the closing date of the exhibit, the City may dispose of the items as it sees fit. Reasonable requests for extensions of exhibit time will be considered. (b) Responsibility of City regarding loaned work. The City shall exercise the same care with respect to the loaned work as it does in the safekeeping of comparable property of its own. Sec. 2 -459. Deaccessioning of artwork. (a) Options for deaccession. The City Council may consider, with the recommendation of the Arts Council, any of the following courses of action to deaccesion City -owned artworks: (1) Relocate artwork. (2) Sell or trade artwork, including securing professional appraisal and advertise sale; seeking competitive bids; or disposing of work via surplus property procedures. (3) Remove work from display and store. (4) If no other alternative is evident, remove and permanently dispose of artwork. Disposal could include return to the artist, or donation to charity or other local government entity. (5) The City shall endeavor to notify by reasonable means artists whose artwork is under consideration for deaccessioning, to include written notification by registered mail, and the artist may have the right of first refusal to purchase the artwork(s). (b) Use of proceeds. Proceeds from sale of artworks: (1) The City shall retain all proceeds from the sale of artworks except when the City is obligated by contract to share such proceeds with the artist. (2) All other proceeds shall be deposited to the public art fund for acquisition of, or other use or furtherance of, other artworks for the City. SECTION II. Public Art Advisory Commission Abolished The Public Art Advisory Committee (PAAC) created by the City Council pursuant to Ordinance No. 803, passed and approved on September 4, 2001, is hereby abolished effective upon the adoption of this Ordinance. SECTION HI. 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 IV. 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 V. 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 DAY OF , 2007. ATTEST: CITY SECRETARY MAYOR PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2007. ATTEST: CITY SECRETARY MAYOR APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: