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HomeMy WebLinkAboutOrdinance 2545 ORDINANCE NO. 2545 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING AN ARTS FUND 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; ESTABLISHING A PUBLIC ART ADVISORY COMMITTEE; AND PROVIDING FOR GENERAL GUIDELINES FOR THE ADMINISTRATION OF THE ART IN PUBLIC PLACES PROGRAM. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter; and WHEREAS, the City of North Richland Hills 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 both visual and performing arts; and WHEREAS, the Public Art Program will enhance North Richland Hills stature as an advocate of the arts in the Dallas/Fort Worth Metroplex; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT: Section 1. Purpose The purpose of the Arts Fund Ordinance is to provide a funding source to support a public art program that includes both visual and performing arts and to support a 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 art of the highest standards which will expand the opportunity for North Richland Hills residents and visitors to experience a variety of cultural art experiences. Arts Fund Ordinance No. 2545 10f8 Section 2. Definitions Artwork - As used in this section, the term "artwork(s)" includes all forms of visual arts conceived in any medium, material or combination thereof, commissioned or purchased by the City including those received as gifts to the City of North Richland Hills. 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. Performing Arts - Including, but not limited to, professional musical entertainment and theatrical productions. Internal Review Committee - A standing committee that makes recommendations to the City Council on public art and art activities. Donations and Gifts - Art donated to the City from a private individual or institution and/or other outside sources. Deaccessioning - The removal, relocation, selling or trading of artworks owned by the City. Section 3. Applicability A. This policy applies to all artworks commissioned or acquired by the City, designed by a professional visual or performing artist, or team of artists. Such artworks or performing art may include, but are not limited to: 1. The incremental costs of infrastructure elements, such as sound-walls, utility structures, 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 the overall architecture or landscape design if created by a professional artist or a design team that includes a professional artist. 3. Earthworks, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media, including sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres. 4. Murals or portable paintings in any material or variety of materials. 5. Sculpture - freestanding, wall-supported or suspended in any material or combination of materials. 6. Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes. Arts Fund Ordinance No. 2545 20f8 7. Any genre of performing arts deemed appropriate by the Internal Review Committee. B. This policy and the review process defined herein, do not apply to: 1. Ineligible Artworks a). 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. b). Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by artists commissioned for that purpose. c). Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork by the artist. d). Any production not considered professional by the Internal Review Committee. Section 4. Funding There is hereby created an account to be used solely for the commissioning or purchase of artwork(s), and indirect related implementation and maintenance of the project(s). This account may also be used to fund performing arts as recommended by the Internal Review Committee. Funding may be allocated for non-reoccurring, professional musical entertainment of all genres, theatre productions and dance that are unique to the area and of high quality. Such programs will be administered through the Cultural Arts Division. This account shall be referred to as the "Arts Fund" and will be accounted for as a special cash account in the Donations Fund group of accounts. Funding will be achieved through the following: 1. Revenue from antenna lease agreement with Metricom and other subsequent antenna lease agreements; 2. Grant monies from arts agencies and foundations; and 3. Contributions from the private and public sector. Arts Fund Ordinance No. 2545 30f8 Section 5. Administration The Cultural Arts Division through the Parks and Recreation Department shall administer the Public Art Program including artwork(s) received as gifts to the City. The Cultural Arts Division shall commission or purchase all artwork after consultation with the Internal Review Committee and City Manager with final approval by the City Council. The Division of Cultural Arts shall develop policy procedures for the execution 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 duties of the Internal Review Committee 2. The rights and responsibilities of the artists(s) selected: (and) 3. The receipt and placement of artwork(s) received as gifts to the City and 4. The placement of artwork purchased or commissioned Section 6. General Criteria For Public Art A. Aesthetic Excellence - the art projects shall strive to be of the highest aesthetic and enduring value created by an artist who has the necessary experience to execute the accepted design and has considerable experience working with art committees and 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 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 and requirements and maximum resistance to vandalism. Section 7. Artist Selection A. The Internal Review Committee shall determine the appropriate artist selection, which are: 1. Limited Competition - committee may invite a limited number of artists to submit credentials and proposals. Arts Fund Ordinance No. 2545 40f8 2. Open Competition - Any artist may submit credentials or proposals subject to any requirements established by the Internal Review Committee. Calls for entries for open competitions shall be sufficiently detailed to permit artist to determine whether their work is appropriate to the project under consideration. 3. Direct Selection - The Internal Review Committee may directly select an artist or artists. Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as a very urgent project or very specific project requirements. Section 8. Internal Review Committee A. Creation and Composition - The City Manager shall have the authority to create a Internal Review Committee. B. Purpose - The purpose of the Internal Review Committee is to act as an advisory committee to provide input and advice to the City 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, facilities and performing arts. Section 9. Responsibilities A. Internal Review Committee The Committee shall meet as needed and shall have the following additional duties: 1. To implement the public art program policy and to establish a procedure for each eligible project; 2. To review proposed construction projects and determine eligible art projects; 3. To determine how the art program funds will be spent for each project and report on those expenditures to the City Council; 4. To determine the appropriate placement of artwork(s) commissioned or purchased under the Public Art Program as well as art received as gifts; 5. To establish selection guidelines for the art project, including determination whether the selection will be made open competition, limited entry (invitational) or direct selection; 6. To maintain artwork(s) in the collection in cooperation with the Parks and Recreation Department; Arts Fund Ordinance No. 2545 50f8 7. To make recommendations to the City Council regarding the artist(s) and artwork(s) to be selected. B. The Parks and Recreation Department responsibilities: 1. 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. Maintain all public art and art places as the responsibility and property of the City. 3. Plan, develop and coordinate existing and future sites for the incorporation of artworks and artist services. 4. Act as a liaison between the Internal Review Committee and artists. C. The Artist's Responsibilities 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. 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. Work closely with the project manager and/or other design professionals associated with the project. 7. Provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing the process used in fabricating the artwork and the descriptions and drawings of installations, specifications and details of connecting methods. 8. Transfer title of the work of art to the City of North Richland Hills. Arts Fund Ordinance No. 2545 60f8 Section 10. Donations and Loans of Artwork Decisions of acceptance concerning donations or loans of artwork will be made by the City Council upon a recommendation of the Internal Review Committee. Each instance will be reviewed separately with the City Council making the final decision. Exception to the review process would be an exhibition or loan of less than sixty (60) days. Review and approvals will be the responsibility of the Parks and Recreation Department and department with jurisdiction over the space involved. Section 11. Deaccessioning of Artwork The City Council may consider, with the recommendation of the Internal Review Committee, any of the following courses of action for deaccession of city-owned artworks: A. Relocate artwork. B. Sell or trade artwork (secure professional appraisals and advertise sale). C. Remove work from display and store. D. 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. Section 12. Citizen and Artist RequestslRecommendations A. Recommendations for public art projects shall be in written form. The recommendation shall be directed to the Cultural Arts Coordinator and then forwarded to the Internal Review Committee. The request will be placed on the next meeting agenda for discussion and consideration. B. Should the citizen or artist want to contribute funds for the project, they will be provided the opportunity to present their recommendation to the committee. C. Decisions on the project will be determined according to merit and or appropriateness of the project, site location and availability, required maintenance and available funding. D. The Internal Review Committee will forward any recommendations to the City Manager with final approval by City Council. Arts Fund Ordinance No. 2545 70f8 PASSED AND APPROVED this 5th day of March, 2001. 0~:L ~-.1~ Ctìarles Scoma, Mayo· . ATTEST: 8át11itd ~ Patricia Hutson, City Secretary APPROVED AS TO CONTENT: /J~.)G4 Gre~ViC~ging Director of Community Services Arts Fund Ordinance No. 2545 80f8