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HomeMy WebLinkAboutORD 2003-044 ORDINANCE NO 2003-44 ��`� 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 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 dispfay purposes. ORD. NO. 2003-44 2 2. Art objects that are mass-produced or of standard manufacture, ��,.,� such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist. 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: A 1. Revenue from ground/tower lease agreements with utility vendors on agreements dated after the adoption of the Public Art Ordinance � 2. Proceeds 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. ORD. NO. 2003-44 3 _ 2. The receipt and placement of artwork(s) received as gifts to the City with the exception of those received as part of a ��s,.�. cultural exchange with another city. 3. The placement of artwork purchased or commissioned. 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 �.,� ORD. NO. 2003-44 4 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. 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 , a follows: 1. To implement the public art program policy and to review �'?`� requested public art projects. ORD. NO. 2003-44 5 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. 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 �= b 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 ..ffi ORD. NO. 2003-44 6 � 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. 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 x 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 15th day of July, 2003. APPROVED: William D. Tate Mayor �._� ORD. NO. zoo3-44 7 ATTEST: ��� � Linda Huff City Secretary APPROVED AS TO FORM: f ' ; John F. Boyle, Jr. ' City Attorney ���� ORD. NO. 2003-44 8