0803A (2)
OFFICIAL RECORD
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
("P AAC") 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 P AAC and assign the current duties and responsibilities of the P AAC 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 oflife for all residents and visitors of the city.
City Council Approved 5/15/07 (6-0)
(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 ofthe 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.
City Council Approved 5/15/07 (6-0)
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.
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.
City Council Approved 5/15/07 (6-0)
(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) South lake 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 ofthe 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 ofthe City; and
City Council Approved 5/15/07 (6-0)
(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.
City Council Approved 5/15/07 (6-0)
(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.
City Council Approved 5/15/07 (6-0)
(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 hislher agent.
(5) 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.
(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.
City Council Approved 5/15/07 (6-0)
(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 (P AAC) 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.
City Council Approved 5/15/07 (6-0)
SECTION III.
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.
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City Council Approved 5/15/07 (6-0)
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City Council Approved 5/15/07 (6-0)
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(817) 390-7761
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CITY OF SOUTHLAKE
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Notice is hereby given BE CUMULATIVE OF
by the City Council of ALL ORDINANCES;
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on May 15, 2007, at EFFECTIVE DATE:
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by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
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