Loading...
Item 5FCity of Southlake, Texas August 3, 2006 TO: Shana K. Yelverton, City Manager FROM: Steve Polasek, Director of Community Services SUBJECT: Acceptance of public art donations for Southlake Stampede longhorn and calf statue(s) Action Requested: Authorize the acceptance of public art donations for Southlake Stampede longhorn and calf statues reserved/purchased by Southlake Stampede sponsors, and subsequently donated to the City. Background Information: Southlake Stampede sponsors have the option to reserve/purchase their sponsored longhorn or calf for an additional $2,000 or $1,000 respectively. Several sponsors have indicated that they want to reserve/purchase and then donate the longhorn or calf back to the City at the end of the Southlake Stampede public art exhibit. The Southlake Stampede Committee recommends that the City pre - approve acceptance of these donations as the Public Art Advisory Committee (PAAC) will review and approve all artist submissions. In addition, the PAAC will not accept the final art work unless it conforms to the concept of the Southlake Stampede program. Once received, the City will have the option to display on public property or deaccesion the Southlake Stampede art work. Per Ordinance No. 803, Section IX — Deaccessioning of Artwork, the City Council may consider, with recommendation from the Public Art Advisory Committee, any number of actions to deaccession city -owned art work to include its sale, trade, storage, or disposal. If the City chooses to deaccession the statue by selling it, the additional funds, per the ordinance, are designated to go into the public art fund, which is consistent with the purpose of the Southlake Stampede event. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Public Art Advisory Commission recommended approval of this item (7-0) at their July 25, 2006 meeting. If recommended for permanent placement in a City park, the Parks and Recreation Board would be required to consider. Southlake City Council August 3, 2006 Page 2 Legal Review: Not applicable. Alternatives: Council review and consideration. Supporting Documents: Public Art Ordinance Staff Recommendation: Authorize the acceptance of public art donations for Southlake Stampede longhorn and calf statues reserved/purchased by Southlake Stampede Sponsors, and subsequently donated to the City. Sec. 2-422. Violation of promise to appear. (a) A. person [awfully released from custody, whether by posting bond or by signing a written promise to appear, on condition that he subsequently appear in the municipal court, shall appear in accordance with the terms of his release. (b) For purposes of this section, 'custody" means an arrest or a detention for purposes of issuing a Aftten citation by a police officer or by a person authorized to issue citations under section 2-81 of this article. (Ord. No. 660, § 2, 7-16-96) Sec. 2-423. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500.00 for each offense. Each stay that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 6W § 6, 7-16-96) Secs. 2424--2-450. Reserved. ARTICLE XL PUBLIC ART POLICY See. 2451, 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 enrid, the quality of life for at residents and visitors of the city. (b) Goals. The goals of the public art programs 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 Mressad 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 rri mbers 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 hest respond to the distinctive characteristics of each project site and the community that it serves; (3) Select experienced artists who can represent the cultural landgeape 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 opera spaces, parks, and facilities that enhance the quality and pride of neighborhoods in the city, (6) Encourage the participation by citi7q ns in the process of acquiring and cammissianing of public art.; (7) Encourage the role of public art in enhancing economic development and cultural tourism; (9) Encourage the role of artists and public ad 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. (Ord. No. 803, § 1, 94-01) Sec, 2-452. Deliuitious. Arlin. 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 individualty 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 an selection process. Artwork. 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. Deacrossivning The removal, relocation, selling or trading of artworks caned by the city. Donations (and gaffs), Art donated. to floe city J�rom 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 returmed to the owner after the loan period expires. Policy. I'hls public art policy as adopted by the city council, including any future additions, deletions or revisions thereto. Public artadvisvey committee (PAAQ � An ad -hoc cornminee that snakes recommendations to the city council on public art and art activities. Pubic art project: A commission, acquisition, loan or donation of artwork to the City pursuant to this pal icy, including the process by which such event is initiated, developed, evaluated, conducted and completed. (Ord. No. 803, § 1, 9-4-01) Sec. 2453. Applicability, (a) This policy applies to all artwork commissioned by, acquired by, loaned to, nr donated to the city for the purpose of public exhibition or use. (b) This policy does not apply to: (1) Works that ate 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. (Ord. No. 803, § 1, 9A-01) See. 2-454. General criteria for public art project development. (a) ,iesflaetic excellence. The art projects shall strive to be of the highest aesthetic and enduring value. (b) Site specific. The relationship of ark 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 minitnurn maintenance requirements and maximum resistance to vandalism. (Ord. No. 803, § 1, 9-4-01) Sec. 2455. 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. (b) Public cart advisory committee WAAC). (1) Creation and composition. The city council shall have the authority to create a public art advisory committee that is composed of seven (7) individuals. (2) Purpose. The purpose of the public art advisory committee is to act as an advisory committee to provide input and advice to the city concerning all matters pertaining to public art including the incorporation of art into the. design of selected city projects and the commissioning of art pieces for public spaces and facilities. (3) Teets. The committee shall consist of ten members who shall bQ appointed by the city cottncil for two-year terms, with five members up for appointment in odd -numbered years and five members up for appointment in even -numbered years. Members shall serve until their successors are appointed, without compensation. (4) Members. Membership shall consist of two members serving on tine city council; two members representing the artistic community; five members being citizens -at -large; and one member of the Arts Council of Northeast Tarrant County. (5) Ex-gjjtciv members. Nonvoting advisors to the public art advisory committee may include, but is not limited to the design arcbitect and/or engineer, or the city's project manager. (b) Responsibilities. The PAAC shall_ a_ Make recommendations as to the appropriate elements to be included in specific proposals for public art projects, including, without limitation, the design, execution, placernent, maintenance and ownersbip of selected artwork The PAAC may employ the public an project guidelines established to assist in this process, though the guidelines are not pert of this policy. b. Make recommendations on the appropriate methods of artist selection; 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. C. review proposals for public art projects, make recorninendations on changes, additions or deletions to such proposals, and make recommendations on final acceptance or rejection of such proposals. d. 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. e. Make recommendations to the city council an overall policies and procedures for implementing this policy and the public art projects, taking into c: onsideraiion the policy's purposes and goals and the established general criteria, and with a focus on the development, promotion, and preservation of aesthetic excellence in the city public spaces. f. Submit to the city council for approval any proposed changes to previously established policies and procedures in order to maintain consistency of review and implementation. (c) Deparlmew of cammtwity services responsibilities. (1) Maintain an inventory of publicly accessible spaces which are potential sites for placing artworks and/or incorporating ark 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 des€grated by city eouncil. (4) Inform the public art advisory committee and/or city council of any departmental activity related to the development and implementation of artwork and artist services. (5) Inform the public art advisory committee and/or city council of planning for targeted impro^vernent areas, which could potentially incorporate an an project, (6) Maintain all public works and art planes as the responsibility and property of the city. (7) Act as a liaison between the public art advisory committee, city departments, artists and the public. (Ord. No. 803, § 1, 9-4-01; Ord. No. 843-A, § 1, 1-17-06) Sec. 2-456. Approval process. Ruh public art project proposal recommended for approval by the PAAC and the department of community services shall be submitted to the city council for review. The city council may (1) request revisions and resubmission, (2) reject the proposal, or (3) accept the proposal. If accepted, the proposal shall then be made available for public review and comment in a ruarmer designated by the city council. Public comments on the proposal shall be provided to the PAAC and the department of community services for review and consideration. The PAAC and the department of community services shell then make their final recommendations on the proposal to the city council for its determination. (Ord. No, 903, § 1, 94-01) Sec. 2 457. Funding. (a) Percentfor art. The city council shall detsmune, 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 elty'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 a]I joint public/private ventures to participate in public art pmlects. (2) As provided in the policy, the public art advisory committee (€'AAC) shall make periodic reviews, at least annually, of all CIP projects and other city construction projects. This review shall occur during the UP planning process and artnual operating budget process, for the purposes of making mcommendations 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 aceount shall be used for the selection, acquisition, installation, and subswtive structural repair and maintenance of art and art projects commissioned and/or _purchased through the program. These public art funds shall be maintained in accord with accepted governmental accounting procedures. All appropriations to and allocations from the public art fund shall occur in accord with any legal restrictions associated with the source of funds. (4) The city council shall authorize all disbursements from the public art fund. (b) Improvement districts. Tho 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 ofobapter 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 g f s, The city shall accept donations and gifts of money for deposit in the public art fund. (prd. No. 803, § 1, 9-4-01) See. 2458. Donations and loans of artwork. Decisions of acceptance concerning donations or loans of artwork will be made by the city council upon a rewrnmendatiotl of the public art advisory committee. Each instance will be reviewed separately, with the city council making the final decision. (1) Exceptions to this review process are. a. 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 oftbe department or agency with jurisdiction over the space involved. 1. 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. Book lists, posters, signs, brochures, publicity, and all materials relative to any exhibit shall be subject to review and approval by the city- b. 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. Appropriate placement shall be determined by the city council upon a remnimenda#ion of the public art advisory cornmitiee. Appropriate recognition and publicity shall be the responsibility of the public information officer. Provision for maiatenance must be resolved when the gilt is accepted. (2) Criteria for donations or loans of artwork requiring review: a, Ekkibii agreement. An exhibit agreement shall be executed outlining the responsibilities of the cAlbitor and the city. The city assumes no liability far the exhibition or loan other than specifically outlined in this agreement, and the artist shall execute a waiver of liability agreement. b. Safe of works exhibited. The city shall in no way act as agent in connection with the sale of exhibited works not owned by the city. 1. Purchase prices shall not be posted, nor shall they be listed in exhibit brochures, 1 Jnquires regarding purchase prices shall be referred to the exhibitor or hisfher agent. 1 Transactions for the purchases of exhibited items shall be directly between the purchaser and the exhibitor or hislher agent. Such transactions shall not be conducted on or in the exhibit site. 4. The city shall receive no fees, commissions or other regard from purchase of items from exhibits. 5. The city employees shall be treated as any other citizens with regard to purchase of exhibited items. 6. 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. 7. 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. 8. Termination of exhibit 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 ofthe exhibit, the city may dispose of the items as it sees fit. Reasonable requests for extensions of exhibit time will be considcmd. C. Responsibility of city. 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. (Ord. No, 903, § 1, 94-41) See— 2459.Deacressioniugofartwork. The city council may consider, with the recommendation of the public att advisory committee, any of the foilDwmg courses of action to deaccesion city -owned artworks; (1) Relocate artwork.. (2) Sell or trade artwork (secure professional appraisal and advertise safe; seek competitive bids; dispose 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 deaceessioning, to include written notification by registered trail, and the artist may have the right of first refusal to purchase the artwork(s). (b) Proceeds from sale of artworks: a. 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. b. A]I other prmoeds shall be deposited to the public art fund for acquisition of, or other use or furtberance of, other artworks for the city. (Ord. No. 803, § 1, 94-01)