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Item 4CCITY OF SOUTH LAKE MEMORANDUM March 30, 2015 To: Shana Yelverton, City Manager From: Candice Edmondson, Deputy Director of Community Services Subject: Approve donation of painting from Trish Biddle 4C-1 Action Requested: City Council approval of the donation of a painting from Trish Biddle to the City's public art collection. Background Information: The Southlake Arts Council recently received an offer from Trish Biddle to donate a painting to the City's public art program. The painting, which is a reprint, depicts a couple sitting outside of Southlake Town Hall during the holiday season. The original painting was created during the Festival of Trees celebration in 2010. A copy of the painting is attached to this memo, and the actual piece will be available at the City Council meeting. The current Public Art Policy and Public Art Display and/or Performance Policy, both provide a process for consideration of art donations to the City from private individuals and are attached to the memo for your consideration. A copy of the donation application is also attached for your review. In reviewing a potential donation, the Arts Council and City Council may consider the aesthetic quality (including craftsmanship), compatibility with the City's existing public art collection and future costs associated with accepting the donation. Ultimate authority to review, evaluate, accept, reject and oversee all public art projects, including donations of public art pieces, is conveyed to the City Council, upon recommendation by the Southlake Arts Council. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton Meeting Date —April 7, 2015 Page 2 of 2 4C - 2 The Arts Council recommended approval (5-0) of the donation at their March 4, 2015 meeting and recommended the painting be included as a part of the City's annual holiday decorations. Financial Considerations: There is no additional cost to the City for acceptance and placement of the proposed donated painting. Any future cost for maintenance of the painting will be established and included for budget approval, if upon annual inspection, the painting's condition warrants repair or attention. Strategic Link: This request is linked to the City Council Focus Area of Partnerships and Volunteerism and addresses the corporate objectives to provide attractive and unique spaces for enjoyment of personal interests, and provide opportunities for partnerships and volunteer involvement. Citizen Input/ Board Review: Southlake Arts Council recommended approval (5-0) March 4, 2015 City Council consideration April 7, 2015 Legal Review: N/A Alternatives: Alternatives may include the following: • City Council approval of proposed donation as presented. • City Council approval of proposed donation with input as desired. • City Council decision not to approve proposed donation. Supporting Documents: • Donation Application • Copy of painting • Public Art Policy • Public Art Display and/or Performance Policy Recommendation: City Council approval of the donation of a painting from Trish Biddle to the City's public art collection to be included as part of the City's annual holiday decorations. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Public Art Display and/or Performance Facility and Property Use Permit 4C - 3 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: Donation of Painting to City's Public Art Collection CONTACT INFORMATION Applicant: Trish Biddle Phone: (214) 546-0723 Cell Phone: N/A E-Mail Address: artistes-trishbiddle.com Address: City: State: Zip: Alternative Contact: Phone Number: E-mail: DISPLAY or PERFORMANCE INFORMATION Request: Southlake artist Trish Biddle would like to donate a painting to the City's public art collection. The painting, which is a reprint, depicts a couple sitting outside of Southlake Town Hall during the holiday season. The original painting was created during the Festival of Trees celebration in 2010. A copy of the painting is attached for consideration. Type of Display or Performance: Reprint of Oil Painting Duration of Event(s) or Performance: Permanent donation to City of Southlake Detailed Information including a wall or floor space plan, display or performance details, including planned activities and/or any equipment/special needs required: Donor did not include a preferred location for the painting. Organization Represented: Private individual donor Non -Profit: Yes No X 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 No X A. a Owl ""�L�mmz - - — a 1 40 WAL! -r .40 JL Y A. OFFICIAL RIC9111) 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 See. 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. City Council Approved 5/15/07 (6-0) 4C - 6 (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. City Council Approved 5/15/07 (6-0) 4C - 7 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) 4C - 8 (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 City Council Approved 5/15/07 (6-0) 4C - 9 (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) 4C-10 (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. See. 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) 4C-11 (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. City Council Approved 5/15/07 (6-0) 4C-12 (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. City Council Approved 5/15/07 (6-0) 4C-13 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. PASSED AND APPROVED ON FIRST READING ON THIS 1st DAY OF May , 2007. ATTEST: J. • . N . • � e e • U ' Co ARY PASSED AND APPROVED May , 2007. ATTEST: o, — e CITY SECRET SECOND READING ON THIS 15' DAY OF YOR City Council Approved 5/15/07 (6-0) 4C-14 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Jw� U) /9 cal ADOPTED: EFFECTIVE: �jT /"/�" �j7 City Council Approved 5/15/07 (6-0) CITY OF 4C - 15 SOUTHLAKE 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: March 29, 2011 (7-0) 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. City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City Council approved March 29, 2011 (7-0) 3.2 Artwork — Includes, but is not limited to, a sculpture, monumen4cnU46 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. City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City Council approved March 29, 2011 (7-0) 4.0 Placement of temporary art exhibits or performances at public facilities4£oM city property: 4.1 Planned Visual Art Exhibits, temporary — These exhibits would be placed for a maximum period of two weeks, unless that period is extended by the City Council, and would occur no more than five times per year with one of those times being reserved for CISD student art. The Southlake Arts Council would 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 will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department displays, events or programs will be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. Applications specifically for Town Hall and Parks will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final 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, — These exhibits would be placed for a maximum period of seven days, unless that period is extended by the City Council, and would occur when space is available as determined by staff. Unlike the planned exhibits, these would be initiated by the public or City of Southlake 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. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department displays, events or programs will be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. Applications specifically for Town Hall and Parks will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final 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 City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City Council approved March 29, 2011 (7-0) advance of the performance and will be subject to review and apptaal 14 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 displays, events or programs will require 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. City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City Council approved March 29, 2011 (7-0) 4C-19 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 on 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. Prices of the artwork cannot be visibly displayed. 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 city 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. City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City Council approved March 29, 2011 (7-0)