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O-2429-8-05ORDINANCE NO. 2429-8-05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING THE ALLEN PUBLIC ART PROGRAM; PROVIDING FOR THE FUNDING FOR THE ALLEN PUBLIC ART PROGRAM; ESTABLISHING THE PUBLIC ART COMMITTEE AND PROVIDING FOR THE DUTIES OF THAT COMMITTEE; ESTABLISHING GENERAL GUIDELINES FOR THE ADMINISTRATION OF THE PUBLIC ART PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City recognizes the ability of public art to foster a sense of community pride, to develop gcogmphic and social connections and promote tourism and economic vitality; and, WHEREAS, the City Council has further investigated and determined that the establishment of the Allen Public Art Program and the Public Art Committee will promote cultural, aesthetic, and economic vitality in Allen by integrating the work of artists into public places, civic infrastructure and private development as set forth below; and, WHEREAS, the City Council of the City of Allen, Texas, has the authority under the City Charter to appoint citizens to various boards and commissions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTION 1. Establishment of the Public Art Program. The Public Art Program is hereby established to, among other things, articulate the values and vision of the community by enhancing the aesthetics of the City of Allen's civic inf astnrcture, commissioning artwork, and creating hands-on encounters with art. SECTION 2. Definitions. For the purposes of this Ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein: a. Accession — The act of adding or acquiring a work of art to the Allen Public Art Collection through commission, purchase or gift. b. Allen Public Art Collection — Works of art owned by the City of Allen. c. Artist - A professional practitioner in the arts, generally recognized by his or her peers as possessing serious intent and ability. For commissioning purposes, an artist cannot be a City employee, a member of the Public Art Committee or the relevant Artist Selection Panel, or a member of the Prime Consultant's firm or team. d. Artist Selection Panel — An ad-hoc subcommittee of the Public Art Committee which is responsible for recommending the selection of an artist or artwork for a particular project. e. Artwork - Any permanent or temporary medium or combination of media produced by an artist or artists. f. Capital Improvement Program (CIP) — Document which outlines the identified capital expenditures to be undertaken, plus the recommended provision for financing. The purpose of the CIP is to provide a coherent plan for the physical development of the City's infrastructure. The City prepares a five-year CIP Plan and annually develops a CIP Budget. g. General Obligation (G.O.) Bonds — Debt instruments authorized by a vote of the electorate to finance capital improvements. The bonds are subject to covenants and the issuance of bonds is based on the ' full faith and credit of the City. h. Percent for Art - A public art funding mechanism in which a certain percent (of capital project funds) are set aside for the commissioning of public art. i. Public Art - Temporary or permanent elements of a public space that are designed by an artist or artist team, that reflect an awareness of and enrich the site, and whose selection and/or creation generally involves the community. j. Public Art Committee — Committee appointed by City Council responsible for advising and making recommendations to staff and City Council regarding the Allen Public Art Program. k. Public Art Program Staff - The City staff person designated by the City Manager to coordinate and facilitate the implementation of the Allen Public Art Program. 1. Public Art Work Plan - The annual plan developed by the Public Art Program staff and Public Art Committee and approved by the City Council that outlines the public art projects and programs to be undertaken in a given year, the budgets for those projects, and sources of funds. SECTION 3. Public Art Committee. The "Public Art Committee" will be operating under that title and will hereinafter be referred to as "Committee". The Committee is hereby created for the purpose of advising and making recommendations to Public Art Program Staff and City Council regarding the Allen Public Art Program. ' a. Roles and Responsibilities - The Public Art Committee shall have the following responsibilities. 1) Recommend an annual Public Art Work Plan to City Council, including location of public art projects, project goals, and artist selection methods, as well as related public art programming to become part of the City's annual CIP budget. 2) Participate in the Capital Improvement Program Planning Process for the 5 -year CIP Plan. 3) Make an annual report to City Council regarding public art program accomplishments. 4) Make recommendations to City Council regarding the placement or removal of artwork on public property, including the selection of artists for public art projects, the acquisition of artwork, the acceptance of works of an as gifts or loans, and the de -accession of artwork. 5) Serve on Artist Selection Panels. 6) Encourage private developers to commission public art as part of development projects and guide them, when requested, in the selection of artwork for their facilities. 7) Identify collaborations and sources of funds. 8) Develop programs designed to inform and engage the citizens of Allen in the Public Art Program. ' 9) Other responsibilities as requested by City Council. To accomplish these responsibilities, the Committee may establish ad-hoc subcommittees to work on special projects or to further investigate specific issues. Ordinance No. 2429-8-05, Page 2 b. Number of Members/AppointmenUTerms — The Committee shall consist of seven (7) members, to be appointed by the City Council for a term of two (2) years with no term limits. Committee ' members may be removed by the City Council at any time without cause. Terms are staggered, with three (3) members initially appointed for a term of one (1) year. c. Qualifications - Committee members shall be a qualified voter of the City of Allen. d. Staffing - The City Manager, or designee, shall serve as coordinator of and support to the Committee. e. Meetings - The Committee shall meet as often as necessary to fulfill its duties, providing adequate public notice of same. At a minimum, the Committee must meet at least bi-annually. All stated meetings will be open to the public, and the Committee will establish the date, time and place of its meetings. E Officers - The Committee shall hold an organimtional meeting each year in October to elect a Chair, Vice -Chair and Secretary. Chair: The Chair shall preside over meetings and shall be entitled to vote upon each issue. In the event a question over procedure arises, Robert's Rules of Order shall prevail. Vice -Chau: The Vice -Chair shall assist the Chair in directing the affairs of the Committee. In the absence of the Chair, the Vice -Chair shall assume all duties of the Chair. Secretary: The Secretary shall keep the minutes of all meetings and in the Secretary's t absence, the Chair shall designate another member to set as Secretary. The Secretary may accept, when available, the assistance of City personnel in taking and transcribing minutes but shall sign the minutes officially before presenting them to the Committee for approval. g. Quorum - Four members of the Committee shall constitute a quomm for the conduct of business. The members of the Committee shall regularly attend meetings of the Committee and shall serve without compensation. SECTION 4. Public Art Projects Funding. The Public Art Projects and Programs shall be funded through a variety of methods. a. Percent for Art - An amount up to or equivalent to two percent (2%) of the total amount of the General Obligation Bond funds for the Capital Improvement Program, minus land acquisition and environmental remediation costs, shall be allocated for the commissioning of public art. When the sale of G.O. Bonds for CIP projects is taken to the voters, the Percent for Art shall be placed as a separate proposition on the ballot. Percent for Art funds can be used for public art projects at new or existing facilities, as well as other public spaces. Other funding can be specifically sought for public an projects and through grants, private contributions or other sources. b. Uses of Project Funds - Percent for art and other designated art project funds may only be used for: 1) Artist fees and Artist travel and expenses that are related to the City's purchase of an Art fixed asset as stipulated in a contract with the Artist; 2) Artwork fabrication, storage, and installation per contract; 3) Acquisition of existing works of art; Ordinance No. 2429-8-05, Page 3 4) Required permits and insurance during the fabrication and installation of the artwork per contract; ' 5) Documentation and interpretive plaques; 6) Project consultants and contracted services; and, 7) Bond funds shall only be used for eligible purchases for fixed assets meeting the minimum purchase price of $5,000. c. Invalid Uses of Project Funds - Percent for art and other designated art project funds may not be used for: l) Mass produced work, with the exception of limited editions controlled by the artist; 2) Artwork not produced or designed by a Public Art Committee -recommended artist; 3) Professional graphics, unless designed or executed by an artist or used in the development of collateral material for the Public Art Program; 4) Decorative, ornamental or functional elements that are designed by the Prime Consultant; 5) Routine maintenance; 6) Purchase of existing works of art outside of the selection process; and, ' 7) Bond funds shall not be used for operating related expenses. d. Grants or Donations - Grants or donations received by the City for commissioning public art, both permanent and temporary, should be used in accordance with the restrictions specified or required in association with the grant or donation. 1 SECTION 5. Public Art Program Administration Funding. The administration of the Public Art Program can be funded by multiple sources. Sources could include Federal, State, County, and Local grants and public, private, or corporate donations and the City's General Fund. The amount of funding allocated annually for administration and related community programs shall be up to 15% of the annual public art projects budget. SECTION 6. Art Project Accounts. All monies appropriated for the City of Allen Public Art Program will be maintained in separate Art Project accounts. Art Project sources not expended at the conclusion of the fiscal year will roll over into the following fiscal year. The City may also utilize Art Projects to accept gifts, grants, contributions, and donations made for the public art program. The Public Art Program staff will prepare an annual budget in support of the Public Art Work Plan that will allocate funds for the planned public art projects and related programming. The Operating and Maintenance (O&M) and Capital budgets will be prepared in conjunction with the City's O&M and Cff budgets. SECTION 7. This Ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. Ordinance No. 24294-05, Page 4 I 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, ON THIS 9ra DAY OF AUGUST, 2005. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. George, RMf Com, CITY MCRETARY Ordinance No. 2429-8-05, Page 5