HomeMy WebLinkAboutWS Item 01 - Public Arts ProgramWS ITEM #
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER)e
MEETING DATE: JULY 1, 2003
SUBJECT: WORKSHOP — PUBLIC ARTS PROGRAM
BACKGROUND:
The City Council discussed the Public Arts Program at the May 20th Workshop and
recommended several modifications to the draft ordinance. A copy of the ordinance with
the changes recommended by the Council is attached. The changes are in bold.
DE
June 24, 2003 (9:52AM)
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AN ORDINANCE OF THE CITY OF GRAPEVINE
ESTABLISHING A PUBLIC ARTS PROGRAM FOR THE
COMMISSIONING OF ART IN PUBLIC PLACES AND
ARTISTS' SERVICES IN THE CONSTRUCTION OF
PUBLIC ART; ESTABLISHING FUNDING METHODS;
ESTABLISHING METHOD OF ADMINISTERING PUBLIC
ARTS; AND PROVIDING FOR GENERAL GUIDELINES
FOR THE ADMINISTRATION OF THE ART IN PUBLIC
PLACES PROGRAM; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
1ITT
R DINANCE NO I
DI Z. 11
WHEREAS, the City of Grapevine, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the Grapevine Home Rule
Charter; and
WHEREAS, the City of Grapevine desires to implement a Public Art Program and
to enhance the environment through artwork located in public places; and
WHEREAS, public art programs have been established across the country, to
provide an effective vehicle for the commissioning and placement of such artwork; and
WHEREAS, the City is dedicated to encouraging the use of art to beautify the
appearance of the City as well as to commemorate the City's history; and
WHEREAS, the City is committed to supporting visual arts; and
WHEREAS, the Public Art. Program will enhance Grapevine's stature as an
advocate of the arts in the State of Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. Purpose
The purpose of the Public Arts Ordinance is to initiate a public arts program for visual
arts and to support a process for incorporating artist services and artworks in the design
of public spaces and facilities. The ordinance also defines the programs, policies and
guidelines for acquiring and commissioning art of the highest standards which will
expand the opportunity for Grapevine residents and visitors to experience a variety of
visual art experiences.
Section 2. Definitions
Artwork — Includes all forms of visual arts commissioned or purchased by the City as
well as those received as gifts to the City of Grapevine.
Donations and Gifts — Art donated to the City.
Internal Review Committee — A committee of City staff selected by the City Manager.
Special Project Committee — When deemed appropriate, a committee may be
appointed by the City Council to work with the Internal Review Committee on the
selection of the artist and art.
Section 3. Applicability
A. This policy applies to all artworks commissioned or acquired by the City,
designed by a professional artist or team of artists. Such artworks may include,
but are not limited to:
1. The incremental costs of infrastructure elements, such as roadway elements
and other items, if designed by an artist or design team that included an artist
co -designer.
2. Artistic or aesthetic elements of an architectural or landscaping design, if
created by a professional artist or a design team that includes a professional
artist.
3. Sculpture — freestanding, wall -supported or suspended in any material or
combination of materials.
4. Murals or portable paintings in any material or variety of materials.
5. Earthworks, glass, mosaics, photographs, prints, calligraphy, film and
holographic images.
6. Temporary artworks or installations, if such artworks serve the purpose of
providing community and educational outreach.
B. This policy and the review process defined herein, does not apply to:
1. Art that has been given to the City as part of a cultural exchange with
another city and/or temporary loans of artwork or antiquities given to
the City for museum display purposes.
ORD. NO. 2
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2. Art objects that are mass-produced
playground equipment, fountains or
into an artwork by a project artist.
or of standard manufacture, such as
statuary elements, unless incorporated
3. Decorative, ornamental, architectural or functional elements which are
designed by a building architect, as opposed to elements created by artists
commissioned for that purpose.
4. Landscape architecture and landscape gardening, except where these
elements are designed by a professional artist and/or are an integral part of
the artwork.
Section 4. Funding
The City currently has an account dedicated for public art. This account is referred to
as the Special Public Art Account and is used solely for the commissioning, purchase
and administration of artwork. The current Special Public Art Account is funded by the
net proceeds from the New Vintage Wine Festival and the proceeds from the sale of
City commissioned artworks. Other recommended funding sources include:
Revenue from ground/tower lease agreements with utility vendors on
agreements dated after the adoption of the Public Art Ordinance
2. Proceed from festivals and events as available
3. Grant monies from arts agencies and foundations
4. Contributions from the private and public sectors
Section 5. Administration
The Internal Review Committee shall administer the Public Art Program including
artwork(s) received as gifts to the City. The City Manager or his/her designee shall
commission or purchase all artwork after approval of the City Council.
The Internal Review Committee shall develop policy and procedures for the
implementation of the Public Art Program. The procedures shall detail the general
administration of the program and shall include, but are not limited to:
1. The rights and responsibilities of the artists(s) selected.
2. The receipt and placement of artwork(s) received as gifts to the City with the
exception of those received as part of a cultural exchange with another city.
3. The placement of artwork purchased or commissioned.
3
Section 6. General Criteria for Public Art
A. Aesthetic Excellence — the City shall strive to select art projects of the highest
aesthetic and enduring value created by an artist who has the experience to
execute the accepted design and who has considerable experience working with
art in public places projects.
B. Site Specific — The relationship of art and site shall be considered in terms of
integration of art and architecture with landscaping, social dynamics, local
history, character and surrounding urban context.
C. Durability of Design and Materials — Art projects shall be designed with
consideration of maintenance and resistance to vandalism.
Section 7. Artist Selection
A. The Internal Review Committee and, when deemed appropriate, the Special
Project Committee shall recommend the appropriate artist selection procedure
from the following:
1. Limited Competition — A limited number of artists may be invited to submit
credentials and proposals.
2. Open Competition — Any artist may submit credentials or proposals subject to
established requirements. Calls for entries for open competitions shall be
sufficiently detailed to permit artists to determine whether their work is
appropriate to the project under consideration.
3. Direct Selection —Generally, direct selection will not be employed except on
those projects where an open or limited competition would be inappropriate
or impractical.
4. Artist in Residence - From time to time the City of Grapevine may employ an
artist in residence for the express purpose of public art projects.
Section 8. The Artist
On any City project including public artwork, the contract with the artist shall
require the artist to warrant that:
1. The artwork or art concept is the result of the artist's personal creative efforts,
except in the case of design collaboration.
ORD. NO. 4
2. The art is unique and original and does not infringe upon any copyright. The
artist must agree to hold the City harmless against any claims for copyright
infringement.
3. The art or a duplicate has not been accepted for sale elsewhere unless
previously approved by Council.
4. The art is free and clear of any liens.
5. The execution and fabrication of the art will be performed in a professional
manner.
6. The artist will work closely with the project manager and/or other design
professionals associated with the project.
7. The artist will provide a maintenance plan that includes: a list of materials,
diagrams, names of fabricators; a description of the process used in
fabricating the artwork and the descriptions and drawings of installations and
specifications.
8. The artist will transfer title of the work of art to the City of Grapevine.
Section 9. Internal Review Committee
A. Creation and Composition - The City Manager shall have the authority to create
an Internal Review Committee. The committee shall consist of City staff selected
by the City manager.
B. Purpose — The purpose of the Internal Review Committee is to act as an advisory
committee and, when deemed appropriate, work with the Special Project
Committee to provide input to the City Council 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.
C. Responsibilities of the Internal Review Committee shall be as follows:
1. To implement the public art program policy and to review requested public art
projects.
2. To recommend to Council art projects for funding from the Public Art Fund.
3. To recommend to Council the placement of artwork(s) commissioned or
purchased under the Public Art Program as well as art received as gifts.
4. To recommend to Council the artist selection process as stated in Section 7.
ORD. NO. 5
5. To develop an inventory of publicly accessible spaces for the placement of
public art.
Section 10. Special Project Committee
A. Creation and Composition — When deemed appropriate, the City Council shall
have the authority to appoint members of a Special Project Committee.
Typical members of the committee will be artists and/or citizens that have an
interest in the arts. The members of the Committee may vary from project to
project.
B. Purpose — The purpose of the Special Project Committee is to work with the
Internal Review Committee, when deemed appropriate, to provide input and
advice to the City Council concerning the selection of artists and art.
Section 11. Parks and Recreation Department
A. Responsibilities of the Parks & Recreation Department
1. To maintain an inventory of publicly accessible spaces, which are potential
sites for placing artworks and/or incorporating art into the design of capital
projects.
2. To maintain all public art as the responsibility and property of the City.
Section 12. Donations and Loans of Artwork
Approval of acceptance of donations or loans of artwork will be made by the City
Council, upon a favorable recommendation of the Internal Review Committee. Each
instance will be reviewed separately. Donations of art as part of a cultural exchange
with another city, temporary loans of artwork and antiquities given to the City for
museum display purposes are excluded from this policy.
Section 13. Citizen and Artist Requests/Recommendations
A. Recommendations for public art projects shall be in written form and may require
some type of matching funds or in-kind for consideration. The recommendation
shall be directed to the City Manager and then forwarded to the Internal Review
Committee. The request will be placed on a subsequent Internal Review
Committee meeting agenda for discussion and consideration.
B. Recommendations will be made based upon artistic merit and/or appropriateness
of the project, site location and availability, required maintenance and available
funding.
ORD. NO. 6
C. The Internal Review Committee will forward any favorable recommendation to
the City Manager, with final approval by City Council.
Section 14. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 15. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace, and general welfare of the public creates an emergency which requires that this
ordinance become effective from and after the date of its passage, and it is accordingly
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the day of 2003.
ATTEST:
N
MEMO TO: HONORABLE MAYOR AND MEMBERS OF7r'IE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER ;W
MEETING DATE: JULY 1, 2003
SUBJECT: REVISED BILL OF SALE FOR ENGINE 771 FROM VICTORIA
Attached is a revised Bill of Sale for Engine 771. The change made is the addition of
the sentence "City's approval of Grapevine's contractor shall not be unreasonably
withheld" in the opening paragraph of Exhibit A.
July 1, 2003 (3:18PM)
Bill of Sale Subject to Reversion
The City of Victoria, a Texas municipal corporation, (hereinafter called "City of Victoria"), whose address is City of
Victoria Legal Department, P.O. Box 1758, Victoria, Victoria County, Texas 77902, in consideration of the agreement of
the City of Grapevine, a Texas home rule municipal corporation, whose address is P.O. Box 95104, Grapevine, Tarrant
County, Texas, 76099 (hereinafter called "Grapevine") to perform the covenants described herein, the adequacy of which
is hereby confirmed, does hereby sell and transfer to Grapevine, and Grapevine's successors and assigns, the following
described personal property located in Victoria County, Texas, (hereinafter called the "locomotive"):
Southern Pacific 771, which is a locomotive (which includes any attached tender equipment) presently located at
Memorial Square in the 400 Block of E. Commercial Street in Victoria, Texas.
The locomotive is sold AS IS and WHERE IS and is to be REMOVED from the real property owned by Victoria within
300 days after execution of this agreement. If this locomotive is not removed from the real property owned by Victoria
300 days after execution of this agreement, ownership of the locomotive shall revert to Victoria without further action on
the part of any Victoria officials. In addition, ownership of the locomotive will revert to Victoria if Victoria files a written
Notice of Reverter with Grapevine, following Grapevine's failure to perform any of the following covenants and failure to
cure said failure in a reasonably timely manner upon receiving notice thereof.-
1.
hereof
1. Move the locomotive intact to a suitable location in Grapevine, Texas within 60 days after receipt of all
requisite permits, approvals, and permissions necessary for the movement of the locomotive from Victoria to
Grapevine. Grapevine will make all reasonable efforts to obtain the required permits, approvals, and permissions
in a prompt manner. The movement of the train shall be in accordance with the terms of Exhibit "A", attached
hereto and incorporated herein by reference.
2. Within one year of the relocation of the locomotive, disassemble the locomotive for the purpose of inspection
to determine the viability of restoring the locomotive to operation condition. If, after said inspection, it is
determined by Grapevine that restoration of the locomotive to an operating condition is not practical, Grapevine
shall restore the locomotive cosmetically and place same on display within 2 years of its move to Grapevine. In
the event Grapevine determines that the locomotive can reasonably be restored to an operating condition,
Grapevine shall do so within 2 years of its move to Grapevine.
3. Place a permanent plaque on the locomotive that recognizes the role of Victoria and other persons in saving
the locomotive by placing it in Victoria's Memorial Square Park in 1957.
4. Install a static display at the Grapevine Cotton Belt Depot and the Fort Worth Stockyard Station Depot that
recognizes Victoria and its role in the preservation of the locomotive from 1957 to 2002, promotes Victoria's
visitors attractions, and provides a location for the distribution of literature prepared by the Victoria Convention
and Visitor's Bureau.
5. With input and assistance from Victoria, produce a minimum of 2,500 brochures detailing the history of the
locomotive, and provide copies to Victoria for distribution to its City officials and members of the general
public.
6. Provide a Victoria Week each summer for at least 10 years following the execution of this agreement where
adult citizens of Victoria County may ride the train for half price and children under 17 ride free, and promote
same in Victoria through the Grapevine Convention and Visitors Bureau and the Victoria Convention and
Visitors Bureau.
7. To the extent reasonably practical, permit citizens of Victoria County to view and participate in the restoration
of the train upon prior notification to the Grapevine Vintage Railroad, in compliance with any and all applicable
laws, rules, regulations, terms and rules established for such viewing and restoration.
8. Grapevine agrees that the locomotive will not be parted out or scrapped, and that the locomotive will be either
operated as a locomotive, or be cosmetically restored and maintained on display at a prominent location in
Grapevine, either one of which will be completed for a period of not less than 20 years.
To be effective, a Notice of Reverter must be sent to Grapevine and be filed in the property records of Tarrant County
within one year after an event giving rise to such right of reverter. Within one year after filing such Notice of Reverter, if
CAWFNNMemp\GV Bill of Sale--Conditional--locomotive FINAL.doc
the status giving rise to the Notice has not been cured by Grapevine, ownership of the locomotive shall revert to Victoria
who shall then have the right to return to the locomotive to Victoria.
Victoria disclaims all warranties with respect to this locomotive. Victoria hereby notifies Grapevine that this locomotive
may contain dangerous conditions that are apparent and not apparent. Grapevine hereby accepts 100% of the risk that
movement of this locomotive may be dangerous and may result in property damage and personal injury to the officers,
agents, employees, volunteers, and persons contracting with Grapevine.
To the extent allowed by law, Grapevine agrees to release Victoria and Victoria's officers, agents, and employees from all
suits, actions, or claims of any character, name and description including attorneys' fees and expenses brought for any
injuries to persons or damages to property in connection with the movement of the locomotive. To the extent allowed by
law, Grapevine expressly agrees to release Victoria and the Victoria's officers, agents, and employees in accordance with
this clause regardless of whether the injury or damage is caused in whole or in part by (1) the acts or omissions, including
negligence, of Victoria or Victoria's officers, agents or employees or (2) any condition of any real or personal property
owned or controlled by the Victoria.
Victoria does not warrant, imply or represent that the locomotive is in a structurally sound condition or is safe or suitable
to move from its present location. Any agreements between Grapevine and Victoria concerning the locomotive shall
survive the execution of this Bill of Sale.
This Bill of Sale was authorized pursuant to Victoria City Council Resolution No. R, approved on
2003, and Grapevine City Council Resolution No. R, approved on
2003, and shall be effective as __ __ '2003.
IN WITNESS WHEREOF, this Bill of Sale is executed on , 2003.
Seller: City of Victoria Attest:
Denny L. Arnold, City Manager City Secretary
Approved as to Form:
David Atmar Smith, City Attorney
Accepted and Agreed by the City of Grapevine (Grapevine):
Attest:
Roger Nelson, City Manager City Secretary
Acknowledgement
State of Texas §
County of Victoria §
Subscribed and acknowledged before me by Denny L. Arnold, City Manager of the City of Victoria, a Texas municipal
corporation, this the day of , 2003, on behalf of said corporation.
Notary Public
(seal)
Acknowledgement
C:\WIN1TYFemp\GV Bill of Sale--Conditional--locomotive FINAL.doc
State of Texas §
County of Victoria §
Subscribed and acknowledged before me by
Texas municipal corporation, this the day of
(seal)
Notary Public
CAWINNTWemp\GV Bill of Sale--Conditional—locomotive FINAL.doc
City Manager of the City of Grapevine, a
2003, on behalf of said corporation.
Exhibit "A"
Conditions of Movement of Locomotive
Grapevine will move the locomotive from Memorial Square in the 400 Block of E. Commercial Street in Victoria, Texas
to a suitable location in Grapevine, Texas. Grapevine will employ a competent contractor, who has been approved by the
City, to move the locomotive. City's approval of Grapevine's contractor shall not be unreasonably withheld. In moving
the locomotive, Grapevine will ensure the contractor complies with the following:
A. Prior to approval to move the locomotive, the contractor will provide the City of Victoria with certificates of insurance
demonstrating that the contractor has at least the following insurance;
1. Workers' Comp & Employer's Liability:
a. Policy Limits --- "Statutory Limits" box should be checked on certificate.
b. Waiver of Subrogation against Victoria and its officers, agents, and employees.
c. If any of the Contractor's employees engaged in hazardous work on the project under this contract are
not protected under the Worker's Compensation Statute, then the Contractor shall provide adequate
employer's general liability insurance for the protection of this class of employees.
2. General Public Liability Insurance as follows:
$250,000 for injuries to one person per occurrence; $500,000 for injuries to all persons in a single
occurrence per occurrence; and $100,000 for property damage per occurrence
OR
$600,000 combined single limit per occurrence.
The policy shall name the City of Victoria as an additional insured, be on the commercial general liability form,
and include a waiver of subrogation against the City of Victoria and its officers, agents, and employees. The
policy shall provide coverage for contractual liability and acts of independent contractors.
3. Comprehensive Motor Vehicle Liability Insurance on all vehicles used in connection with the contract,
whether owned, non -owned or hired as follows:
$250,000 for injuries to one person per occurrence; $500,000 for injuries to all persons in a single
occurrence per occurrence; and $100,000 for property damage per occurrence
OR
$600,000 combined single limit per occurrence.
The policy shall name the City of Victoria as an additional insured and include a waiver of subrogation against
the City and its officers, agents, and employees.
4. The certificates of insurance furnished to the City of Victoria shall contain a provision that coverage under
such policies shall not be canceled or materially changed unless at least 30 days prior written notice has been
given to the City. All policies shall be issued by an insurer authorized by Texas Department of Insurance to
issue the applicable policies in the State of Texas.
5. The Contractor will require all subcontractors who provide services on the project to adhere to these
requirements.
B. Prior to approval to move the locomotive, the contractor will execute a copy of this exhibit agreeing to the terms of
this exhibit, agreeing to notify the City of Victoria's Director of Public Works of the dates and times of proposed
locomotive movement operations, comply with said Director's requests concerning the movement, repair any damage
caused to City facilities, streets, and subsurface conduits and structures by the movement of the locomotive, and provide
additional protections to the City as follows:
1. Permits and licenses of necessary from Victoria or Victoria County for the prosecution of the work shall be
secured and provided by Victoria. Other permits and licenses of a temporary nature necessary for the prosecution
of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent
structures or permanent changes in existing facilities shall be secured and paid for by the Contractor, unless
otherwise specified.
2. The Contractor shall defend, indemnify and hold harmless the City of Victoria and its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorneys' fees and
expenses brought for any injuries to persons or damages to property in connection with the movement of this
C:\W1NNT\Tcrop\GV Bill of Sale--Conditional--locomotive FtNAL.doc
locomotive or preparation for its movement. The Contractor expressly agrees to defend, indemnify and hold
harmless the City of Victoria and its officers, agents, and employees in accordance with this clause regardless of
whether the injury or damage is caused in whole or in part by (1) the acts, or omissions, including negligence, of
the City of Victoria or its officers, agents or employees or 2) any condition of personal or real property owned
or controlled by the City of Victoria.
3. The Contractor shall obtain approval from the City of Victoria of plans to barricade any street to traffic at
least 48 hours in advance. All barricading shall be done by Victoria.
4. The Contractor shall protect all property corner markers, and when any such markers or monuments are in
danger of being disturbed they shall be properly referenced and if disturbed shall be re -set at the expense of the
Contractor.
5. The Contractor shall protect all City of Victoria property, including all street surfaces, curbs and gutters.
6. The Contractor shall at all times keep the site and structures, facilities or improvements thereon free from
accumulations of waste material, debris or rubbish caused by its employees or the employees of subcontractors.
At the completion of the Project, the Contractor shall remove from the site of work all tools, scaffolding, surplus
materials, temporary structures and debris and shall leave the site and the work "broom -clean" or its equivalent
unless otherwise noted on
Contractor: (name of Contractor)
.(signature of authorized representative of Contractor)
of authorized representative of Contractor)
C. Grapevine will move the locomotive along the following route, and shall obtain any necessary permits, authorization,
utility relocations, etc. as required by any entity other than Victoria or Victoria County controlling potentially affected
property along the route:
STS
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