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HomeMy WebLinkAboutResolution No. R2022-34RESOLUTION NO. R2022-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ESTABLISHING THE PUBLIC ART/DISPLAY POLICY; PROVIDING A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE. WHEREAS, the City Council of the City of Friendswood, Texas ("City Council") desires to create a great place to live; and WHEREAS, the City Council desires to create an enhanced visual environment for City residents, commemorate the City's rich cultural diversity, integrate the work of artists into the development of the City's capital infrastructure improvements, and promote economic vitality in the City through the artistic design of public spaces; and WHEREAS, the City Council desires to establish a program, policy, and procedures for managing this Public Art/Display Policy; and WHEREAS, the City Council finds it appropriate to assign the responsibilities of providing recommendations on matters related to arts and culture consistent with this Public Art/Display Policy to the Keep Friendswood Beautiful Committee; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the facts and recitations set forth in the preamble of this resolution are hereby found to be true and correct. Section 2. That the City Council hereby adopts a public art/display policy for the City of Friendswood, which policy is attached as Exhibit "A" and incorporated herein for all intents and purposes. Section 3. That any resolution or any part of a resolution in conflict herewith shall be and is hereby repealed only to the extent of such conflict. Section 4. That in the event any clause, phrase, provision, sentence or part of this resolution or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this resolution as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 5. This resolution shall be effective immediately upon its passage and approval. PASSED, APPROVED and ADOPTED by the affirmative vote of the City Council of the City of Friendswood on this the 7th day of November 2022. APPROVED AS TO FORM: 00 TE)( H:\City CounciMesolutions\2022\11-7-2022\Resolution - Public An Policy.docz Exhibit "A" PUBLIC ART/DISPLAY POLICY ARTICLE 1. IN GENERAL 1.1 Purpose. This policy, including all sections now or hereafter amended, added, or altered, shall constitute, and be designated as the "Public Art/Display Policy," and may be so cited. The purpose of the Public Art/Display Policy is to create an enhanced visual environment for City residents and visitors, to commemorate the City's rich cultural diversity, to integrate the work of Artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces. 1.2 Definitions. The following words, terms, and phrases, when used in this policy, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any office referred to in this policy by title shall include the person employed or appointed to that position or his duly authorized deputy or representative. Terms, phrases, or words not expressly defined in this section are to be construed in accordance with the customary usage of such terms, phrases, or words. When necessary for a reasonable construction of this policy, words in the singular shall include the plural, words in the plural shall include the singular, and words used or defined in one tense or form shall include other tenses or derivative forms. (1) Administrator means the Director of Parks & Recreation, who shall oversee and administer this Public Art/Display Policy. (2) Approving Authority means the City Council when the expenditures for a project exceed $49,999.99 and shall mean the City Manager when the expenditures for a project are $49,999.99 or less. (3) Artist means a practitioner in the visual or performing arts, recognized by critics and peers as an individual with the ability to produce fine art. (4) Artwork means and includes: (a) Paintings of all media, including traffic lights, frescoes and murals; (b) Sculptures of any form and in any material or combination of materials, including statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration; Public Art/Display Policy, Page 1 1.3 (c) Inscriptions, stained glass, fiber works, carvings, mosaics, photographs, videos, filmmaking, drawings, collages, ceramics, crafts, textile works, and prints; (d) Artist -designed landscapes and earthworks, including the artistic placement of natural materials or other functional art objects; and (e) Benches, trees, solar lights, playground equipment or park amenities. (5) Art on Loan means Artwork provided to the City to display for a predetermined period, which must be returned to the lender or owner after the loan period has expired. (6) City Manager means the position of City Manager of the City of Friendswood, Texas. (7) Deaccessioning means the removal of Artwork from the City's public art collection, including selling, auctioning, or trading of Artwork from the public art collection. (8) Donation means art/display or monies donated to the City from a private individual, institution, or other outside source. (9) Public Art/Display means any artistically designed feature that is a display, performance, or demonstration in or on City -owned or City -controlled property. Public Art/Display shall include a feature that enhances the aesthetics of a City structure, bridge, streetscape, or park. (10) Public Art Committee or Committee shall mean the Keep Friendswood Beautiful Committee established in Chapter 2, Article II, Division 8 of the Friendswood City Code. Applicability. (a) This policy applies to all Public Art/Displays constructed by, commissioned by, acquired by, loaned to, or donated to the City that are intended to be displayed, performed, or demonstrated in or on City -owned or City -controlled property for the purpose of public exhibition or use. (b) This policy does not apply to: (1) Artwork mass produced or created primarily for media, merchandising, advertising, or commercial purposes; (2) Artwork that are made by public or private school students as part of school curriculum or an approved extracurricular activity; Public Art/Display Policy, Page 2 (3) Performances held during the City's annual events if the performances are not the focus of the event; (4) Artwork covered by the Library Display and Exhibits Policy; or (5) Artwork that are otherwise recognized by the City Council in an ordinance or a resolution as being outside the scope of this policy. 1.4 Public Art Committee. (a) Powers and duties. The Public Art Committee shall advise and make recommendations to the appropriate Approving Authority, regarding Public Art/Displays and other matters of cultural significance. The Public Art Committee shall also promote and display the various cultures that reside in the City. (b) Public Art Subcommittee. The Public Art Committee may appoint a subcommittee that may include members of the community and other professionals of the arts community for projects, subject to the advice of the Administrator and the consent of the appropriate Approving Authority for the project. A Public Art Committee subcommittee may develop the concept and budget for a project and, if authorized by the Public Art Committee and the appropriate Approving Authority, may assist the Administrator in the implementation of this Public Art/Display Policy for such project. (c) Public Art/Display Policy Master Plan. The Public Art Committee shall approve a ten-year master plan of sites for arts in public places. The master plan shall identify current sites and future sites for arts in public places. The master plan shall include a list of pre -approved sites for the placement of Artwork. The Public Art Committee shall consider the availability of water, electricity, security, and any additional infrastructure that may be necessary to support a specific piece of art in its selection of sites. (d) Guidelines. The Public Art Committee, in consultation with the Administrator, shall develop guidelines for the implementation of this policy. The guidelines shall include methods to: (1) determine whether a project is appropriate for the display of art; (2) integrate art into a capital improvement project; (3) identify suitable Artwork for a project; (4) competitively select Artwork for display, performance or demonstration; (5) select and commission Artists; (6) encourage the preservation of cultural Artwork; Public ArMisplay Policy, Page 3 (7) facilitate the preservation of Artwork and artifacts that may be displaced by a project; (8) deaccess Artwork; and (9) administer this policy. ARTICLE U. FUNDING 2.1 Funding. A public art fund may be established and may be achieved through, but is not limited to, any of the following means: (1) The City Council may appropriate funds to select, acquire, and display art for the purposes set forth in this policy. (2) For a construction project estimated to cost more than $250,000, the City Council may specify by ordinance that a percentage not to exceed one percent of the cost of the construction project shall be used for fine arts projects at or near the site of the construction project, as described in V.T.C.A., Texas Government Code, §444.029, as amended. Such appropriations shall be a separate item in the construction project's budget. If the City Council determines that a construction project is inappropriate for a display of art, the council shall transfer the appropriated funds to the public art fund, if established. (3) The City Council may accept Artwork and monetary donations and gifts for the public art fund. (4) Contributions, appropriations, and donations shall be deposited into the public art fund and allocated for use at appropriate public sites. This does not authorize the transfer of funds from one project to another if a legal restriction on the use of such funds prohibits the transfer. 2.2 Donations and Art on Loan. (a) The City will consider donations of Artwork and gifts of money for deposit into the public art fund, if established, and Art on Loan based on the circumstances and criteria outlined in this section. The City will consider accepting a donation or gift of money for deposit into the public art fund, if established. (b) All donations, gifts, and Art on Loan, whether financial or artistic, may be accepted only after a recommendation by the Public Art Committee and approval by the City Council. (c) The Public Art Committee shall provide the City Council with a status update and recommendation on all accepted Artwork annually. Public Art/Display Policy. Page 4 (d) The City shall control the location, length of display, and arrangement of all exhibitions, and reserves the right to reject any part of an exhibition and all exhibitions or to change the manner of display of any exhibition. (e) The Public Art/Display Policy shall not be construed to require the City to accept any donation, whether financial or artistic. 2.3 Budget Estimates. The Director of Administrative Services, who prepares a budget, authorization request, or appropriation request for a project, must: (1) consult with the Administrator and (2) indicate the funding source for the project. ARTICLE III. PROJECTS 3.1 Public Arts Project Development Criteria. In determining whether to recommend to the appropriate Approval Authority whether Artwork should be displayed, demonstrated, or performed, the Public Art Committee shall determine that the Artwork meets the following criteria: (1) Artwork shall be of the highest aesthetic and enduring value created by a qualified Artist, as determined by peers in the field, to execute the accepted design; (2) The relationship of Artwork and its site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding suburban context; (3) Sites selected for arts in public places shall be sufficiently accessible to the viewing public; and (4) Artwork shall be designed with minimum maintenance requirements and maximum resistance to vandalism. 3.2 Project Review and Recommendation. (a) Except as provided herein, the Administrator shall review and may grant approval for projects or send such projects, along with the Administrator's recommendation, to the Public Art Committee for its recommendation regarding the Artwork, any appropriations for the Artwork, and placement of the Artwork. The Administrator shall not send proposed Artwork that requires extraordinary operation or maintenance expenses without providing a sustainable maintenance plan and a source for funding to the Public Art Committee for its consideration. Public Aft/Display Policy, Page 5 (b) The Public Art Committee shall review the recommendation and proposed maintenance plan of the applicable subcommittee, if any, and make a recommendation to the appropriate Approving Authority. (c) The appropriate Approving Authority shall review and grant final authorization. 3.3 Project Implementation and Documentation. (a) Upon approval of the Public Art Committee's recommendation, the appropriate Approving Authority shall endeavor to contract with the Artist(s) for services or for the purchase and installation of a specific Artwork in a manner that is consistent with the City's purchasing policy. Public art project contracts shall require the Artist(s) to produce, deliver, and install a work of art for a guaranteed maximum cost and by a predetermined time. Depending on the nature of the project, performance by the Artist may be contractually insured through phased payment for work completed, professional liability coverage, or other insurance deemed appropriate by the Administrator. The Administrator shall work with the Artist to determine the appropriate budget for each project, which must be reviewed by the Public Art Committee and approved by the Approving Authority. The Artist may be asked to make apresentation where the work is to be sited. (b) Prior to the production of Artwork, the producing Artist must obtainapproval from both the Administrator and the Public Art Committee for any modifications to a final design. In the case of an Artist, who has contracted with the City to produce specific Artwork, approval of the design prior to the signing of that contract shall be considered sufficient. If, however, the design changes substantially from that which was initially approved, the Artist must return to the Public Art Committee for subsequent review and recommendation to the appropriate Approving Authority. The Administrator shall have full authority to determine what constitutes a substantial change in a design. It shall be the primary responsibility of the Artist and the Administrator to collaborate on the design of the Artwork and its relationship with the site. The stage at which final approval of the design occurs will vary from project to project, and shall be specifically set out in the Artist's contractual agreement with the City of Friendswood. (c) All project consultants expressing interest in an eligible construction or renovation project shall be advised of the Public Art/Display Policy requirements and guidelines. The consultant selected and appropriate City representatives shall work closely with the Administrator in the development of the Artwork project and with the Committee in the selection of the Artist and Artwork. The consultant shall incorporate the requirements, including time of delivery and installation of the Artwork, if desired by the City, into the construction documents. (d) On -site activity in connection with the installation of Artwork shall be handled by the Artist, the Administrator, and the appropriate City representatives within the departments having jurisdiction over the site. Public Art/Display Policy Page 6 (e) The Administrator shall function as a liaison between the Artist and the various City departments involved in the completion of each artwork project. In instances where construction matters cannot be resolved between the Artist and the Administrator, the City Manager shall have final authority. (f) The Administrator shall establish and maintain appropriate records oneach project, which shall include the contract with the Artist, records of the Public Art Committee's actions, and, if applicable, any subcommittee's actions, interdepartmental agreements, all billings made in connection with the project, and all correspondence related to the project. In addition, the Administrator shall maintain records particular to the project to ensure adequate standards of documentation, registration, care, and installation of the Artwork. ARTICLE IV. COMPLETED ARTWORK 4.1 Placement of Artwork. (a) Artwork donated to or purchased by the City may be located within the interior or the exterior of public spaces. (b) A donor of Artwork may suggest to the City locations for the placement of donated Artwork. The Public Art Committee will consider such suggestions, but is not required to recommend placement in a location recommended by a donor. The City is not required to locate art in a location recommended by the donor of such Artwork. 4.2 Identification of Artwork. Signage must include relevant information such as the name or theme of the Artwork, the name of the Artist(s), the donor of the Artwork, if applicable, and the date the Artwork was created and dedicated. Signage may also include a brief description of the art and to which department the Artwork was presented. The signage should not distract from the Artwork. 4.3 Maintenance of Artwork. (a) Maintenance plans for the complete public art collection shall be implemented in accordance with the individual maintenance plan that was established at the time each piece of art was committed, accepted, or purchased. Nothing shall prevent the City from updating the plans as needed or outsourcing the implementation of the maintenance plan for some or all of the City's public art collection. (b) The Public Art Committee shall make an annual review of the City's art collection for the purposes of a maintenance needs assessment. The Public Art Committee shall communicate those needs to the Administrator and the Administrator shall notify the City Manager of those needs. Public Art/Display Policy, Page 7 (c) Once accepted, Artwork acquired through the Public Art/Display Policy becomes the property of the City of Friendswood and is held in trust by the user department. The expenses associated with the routine maintenance and operation of each Artwork shall be incurred by the user department and considered to be part of the routine maintenance of the facility. Routine maintenance of the facility shall be understood to include activities such as lawn service, trash removal from the site, and operational costs such as water, in the case of a fountain, and electricity. Maintenance of the Artwork, including periodic cleaning of Artwork and any substantive repair of the work, such as structural repair, shall be considered to be an expense of the related public art fund, if created. No maintenance or repair work shall be performed without the prior written consent of the Administrator. Additionally, unless the Artwork becomes a hazard or nuisance or is wholly or partially destroyed or defaced, in the opinion of the City Manager, the user department shall not move any Artwork from the site for which it was selected, nor remove it from display, without the prior written consent of the Administrator and in conformance with any restrictions for that Artwork of this policy. (d) So far as practical, in the event repair of the Artwork is required, the City may allow the creating Artist the opportunity to do that work for a reasonable fee, provided that the cost of the work is $50,000 or less. The City may receive input from a panel of three visual art professionals, to be appointed by the Public Art Committee, with knowledge of curatorial concerns on disputes concerning what constitutes a reasonable fee. The Approving Authority's determination as to what constitutes a reasonable fee shall be final. If the Artist declines to perform the needed repairs for such a fee, the City may award a contract in accordance with the City's purchasing policies or may remove and/or dispose of the Artwork in accordance with this policy. 4.4 Deaccession of Artwork. Site removal of art and permanent removal of art from the City's public art collection must undergo deaccessioning review and approval in accordance with the guidelines adopted by the Public Art Committee, Administrator, and the City Manager. 4.5 Removal and Disposal of Artwork. After deaccessioning review of Artwork, the Administrator may consider any of the following courses of action to dispose of or remove Artwork: (a) Remove the Artwork from public display and place it in storage; (b) Relocate Artwork to another appropriate site; (c) Give the Artist the opportunity to buy back the work at its current appraised value, if allowed by agreement, and, if donated, return the work of art to the donor; Public Art/Display Policy, Page 8 (d) Seek bona -fide appraisal and advertise sale of the work, or sell through acceptable, sealed competitive bids; (e) Give the Artist the opportunity to recover the work of art at no cost to the City, if required by the agreement; or (0 Dispose of the work through City of Friendswood surplus property procedures. Public Art/Display Policy, Page 9