Resolution 2012-10 RESOLUTION NO. 2012-10(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, WAIVING ANY NEW CONSTRUCTION OF A PUBLIC WORKS
FACILITY AND/OR THE RENOVATION OF THE EXISTING PUBLIC
WORKS FACILITY, AS CAPITAL IMPROVEMENT PROJECT(S),
FROM THE PROVISIONS OF ORDINANCE NO. 2006-37, AS
AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
RESOLUTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
WHEREAS, The City Council of the City of Wylie, Texas, hereby waives any new
construction of a Public Works Facility and/or the renovation of the existing Public Works
Facility, as capital improvement project(s) from the public arts funding requirements of
Ordinance No. 2006-37 (Public Arts Funding Program), as amended, a copy of which is attached
hereto as Exhibit "A," and incorporated herein for all purposes.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 13th day of March, 2012.
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Eric Hogue, Mayor
ATTEST:
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Carole Ehrlich, ity Secretary "
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Resolution No.2012-10(R)
Waiving Project from Public Arts Funding
ORDINANCE NO. 2006-37 �
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, CREATING A NEW DIVISION OF THE WYLIE CODE OF
ORDINANCES; ESTABLISHING A PUBLIC ARTS PROGRAM;
AUTHORIZING THE ALLOCATION OF ONE PERCENT OF THE
CITY'S CAPITAL IMPROVEMENT PROGRAM PROJECT COSTS
FOR PUBLIC ART; ESTABLISHING A METHOD FOR
CALCULATING PUBLIC ART APPROPRIATIONS OF CAPITAL
PROJECTS; ESTABLISHING A PUBLIC ART PROJECT ACCOUNT;
ESTABLISffiNG A PUBLIC ART ADVISORY BOARD; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City of Wylie is renowned for its historic downtown and cultural
heritage; and
WHEREAS, the aesthetic nature and charm of Wylie is further enhanced by the
arts and an awareness of the visual arts; and
WHEREAS, cultural and artistic resources enhance the quality of life for
individuals living in, working in, and visiting the City of Wylie; and
WHEREAS,public art requires and deserves public funding; and
WHEREAS, to further enhance public art in the City, the City Council determines
it appropriate to provide a program for the City to require that visual art be included in City
public works projects, where applicable, and that a portion of the cost of such project,
where applicable, be allocated for the acquisition of visual art.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1. Findin s�Itacorporated. The findings set forth in the ordinance from
which this division is derived are incarporated into the body of this division as if fully set
forth herein. `"'� '
SECTION 2. Definitions. For the purposes of this division, the following terms,
phrases, words and their derivation shall'have the meaning given herein:
(a) Art or���twor-k means v�ork°�i�any permanent medium or combination of inedia
prod�ced-�y-ar�ists";'7�o�.�re generally recognized by critics and peers as
profeas�onal�.,������� " tent and substantial ability. For the purposes of this
division, the terms a� and artwork do not include environmental landscaping or
the performing, or literary arts such as dance, music, drama, or poetry unless �
expressed in a manner defined above.
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page l
(b) Board when used herein shall mean the Public Art Advisory Board of the City
of Wylie, Texas.
(c) Board Member when used herein shall mean the members of the Public Art
Advisory Board, excluding the City Manager who shall serve as an ex officio
member of the board.
(d) Capital Improvement Project or CIP when used herein shall mean projects that
are funded by the City of Wylie or other government.
(e) Capital Project Fund when used herein shall mean funds used for the
acquisition of fixed assets or construction of major capital projects not being
financed by proprietary or nonexpendable trust funds.
(� City when used herein shall mean the City of Wylie, Texas.
(g) City Manager when used herein shall mean the City Manager of the City of
Wylie, Texas, or his designee.
(h) Enterprise Fund when used herein shall mean funds that are used to account for
those operations that are financed and operated in a manner similar to private
business or where Council has decided that the determination of revenues
� earned, cost incurred and/or net income necessary for management and
accountability.
(i) Wylie Public Art Collection when used herein shall mean all works of art
located in the City of Wylie, Texas.
(j) Public Arts Master Plan or Plan when used herein shall mean the public arts
master plan of the City of Wylie, Texas, as it exists or may exist or may be
amended. The public arts master plan shall include guidelines for the
systematic selection of pieces of art, project descriptions, budgets, locations of
art to be included in public spaces and recommended design approaches.
(k) Public Arts Program when used herein shall mean the public arts program of
the City of Wylie, Texas.
SECTION 3. Establishment of Public Arts Pro ram. The public arts program is
hereby established to, among other things, promote and encourage public and private art
programs, to further the development and awareness of, and interest in, the visual arts, to
create an enhanced visual environment for city residents, to commemorate the city's rich
cultural and ethnic diversity, to integrate the design 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.
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page 2
SECTION 4. Funding for the Public Arts Pro�. �
(a) Funding for the public arts program shall be accomplished by annually
designating one (1) percent of eligible CIP funding for public art, which may be
derived from the city's capital project fund, the enterprise fund and/or grants,
but excluding appropriations for underground infrastructure improvements. The
one (1) percent allocation shall be calculated based on the total of pre-design,
design, and construction costs, less all costs for real property acquisition,
demolition, furniture-fixtures-equipment and library books for any given CIP.
In addition, the appropriation for the public arts program will be calculated only
on the original appropriation for design and construction services, excluding
any subsequent amounts appropriated for amendments and change orders.
(b) Funds shall be used for the artist fees and costs related to the production and
maintenance of artwork. Funds shall not be used for professional graphics,
mass produced work, decorative or functional elements designed by a building
architect as opposed to an artist commissioned for that purpose, landscape
architecture or landscape gardening except where those elements are designed
by an artist, and work not produced by a board-approved artist.
(c) Appropriations for art shall be made at the same time that the city appropriates
funds for the CIP. The City Council may, in its sole discretion, allocate an
amount equal to, less than, or in excess of the one (1) percent of the eligible —W°•
CIP for the City's public arts program. In addition, the City Council may fund,
from general revenues or other eligible revenues, as part of the annual budget
an appropriation to the public arts program.
(d) All monies appropriated for the public arts program purposes shall be
transferred into a special, interest-bearing public art project account. As a
project account, any funds not expended at the conclusion of the fiscal year will
rollover into the following fiscal year. The City Manager will establish
appropriate accounting procedures for the public arts program and shall report
to the City Council, periodically, regarding the amounts appropriated,
encumbered and expended under the public arts program.
(e) The involvement of public art in a capital improvement project is optional for
capital projects of less than $200,000; however, one (1) percent of the cost of
the projects will be retained for public art and these funds will be pooled for
other art projects.
(� For all grants sought by the city for CIP's in the amount of $100,000.00 or
more, the city departments shall include, in appropriate grant applications, a
request that a certain percentage of the grant amount be authorized for art in
keeping with the established public arts master plan. All CIP's financed with
grants and/or contributions from private entities and/or public agencies are ,�„y�
subject to this division, unless art expenditures are not authorized by the
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page 3
granting or contributing entity. If art projects are expressly excluded, then only
the city-funded portion of the CIP would be subject to this ordinance.
(g) The City Manager may request that the City Council exclude certain capital
improvement projects from the provisions of this ordinance by the passage of a
resolution authorizing such a waiver.
SECTION 5. Ownership and Maintenance.
(a) Ownership of all works of art acquired by the city shall be vested in the City of
Wylie which shall obtain title to each work of art.
(b) Artists, as part of any contractual agreement with the city for the provision of a
work of art, shall be required to submit to the public art advisory board a
"Maintenance and Inventory Sheet," including annual cost projections, which
details the maintenance and ongoing care of the artwork.
SECTION 6. Establishment of the Public Arts Advisory Board. There is hereby
created and established within the city the Public Arts Advisory Board for the
purpose of, among other things, promoting art, selecting works of art and artists for
commissioned pieces of art and implementing the public arts master plan. The
� board will, among other things, oversee the public arts program and act in an
advisory capacity to the City Council.
SECTION 7. Number of Members; A�pointment; Terms. The members of the
board shall consist of seven members, to be appointed by the City Council for a
term of two years; provided, however, that the members of the first board to serve
shall be appointed so that three (3) members shall serve one (1) year terms and four
(4) members shall serve two (2) year terms. It is further provided that no member
may serve more than three (3) consecutive terms on the Public Art Advisory Board;
provided, however, should a board member's replacement not be qualified upon the
expiration of any term of a board member, then that board member shall holdover
on the board until a qualified replacement board member has been appointed. In
addition to the seven board members, the City Manager shall serve as an ex officio
member of the board, but shall have no right to vote on any matter before the
board. Each board member shall serve without compensation, but may be
reimbursed for actual expenses approved in advance by the City Council.
SECTION 8. Board Member's Qualifications. Each board member shall be a
qualified voter of the city and shall not be an employee of the city. Each board
member shall have any other qualification as the City Council deems necessary and
appropriate.
Ordinance No.2006-37
Estabiishing the Wylie Arts Board and Public Arts Program Page 4
SECTION 9. Meetin�s. The board shall meet at least once each month at such "`""`
time and place as shall be fixed by the board by its standing rules, which meetings
shall be open to the public. Special meetings may be called by the chairperson or
by written request sent to the chairperson or vice-chairperson by three members of
the board. Minutes shall be kept of all such meetings, and any special meetings,
with copies of said minutes and any other reports to be transmitted to the City
Council and the City Manager. The board shall have technical and logistical
support provided as designated by the City Manager.
SECTION 10. Vacancies. When vacancies occur on the board, the City Council
shall appoint,by majority vote, a replacement to serve the remainder of the term.
SECTION 11. Removal. Each board member serves at the pleasure of the City
Council and may be removed at the discretion of the City Council. Board member
absences shall be controlled by Article VIII of the City's Charter.
SECTION 12. Quorum; Voting. Four (4) board members shall constitute a
quorum of the board for the purpose of conducting its business, exercising its
powers and for all other purposes. No action of the board shall be valid or binding
unless adopted by the affirmative vote of a majority of those board members
present and voting.
SECTION 13. Officers. The board shall have a chairperson and vice-chairperson �
whose terms shall be one year. The chairperson and vice-chairperson shall be
elected by the board members. Neither the chairperson nor vice-chairperson shall
serve as an officer for more than two (2) consecutive terms. The chairperson shall
preside over meetings and shall be entitled to vote upon each issue. The vice-
chairperson shall assist the chairperson in directing the affairs of the board. In the
absence of the chairperson, the vice-chairperson shall assume all duties of the
chairperson.
SECTION 14. Powers and Duties.
(a) The board shall act principally in an advisory capacity to the City Council and
the city staff in any matter pertaining to art.
(b) The board may solicit, on behalf of the city, gifts, revenues, bequests or
endowments of money and/or property as donations and/or grants from
persons, firms or corporations, subject to the guidance, approval and
acceptance by the City Council.
(c) The board, through its chairperson, shall make both an oral and written report
annually to the City Council concerning its activities during the past year and
its proposals for the coming year.
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page 5
(d) The board's authority shall not extend to the direction, supervision,
employment, or termination of the city employees. No supervisory power of
the board is created.
(e) The board will develop, for City Council approval, a set of bylaws governing
rules of procedure for their meetings and operation.
(� The board shall not have the power to obligate the city for funds and/or
expenditures or incur any debt on behalf of the city.
(g) All powers and duties prescribed and delegated herein are delegated to the
board, as a unit, and all action hereunder shall be of the board acting as a
whole. No action of any individual board member is authorized, except
through the approval of the board or City Council.
(h) The board shall advise and make recommendations to City Council pertaining
to the execution of the public arts master plan.
(i) The board shall advise and make recommendations to the City Council
pertaining to, among other things, policies and procedures as identified in the
public arts master plan; artist selection juries and process; commission and
placement of artworks; and maintenance and removal of artworks.
(j) The board shall have any other power and/or duty as prescribed and authorized
by the City Council.
SECTION 15. Savin s�/Repealing Clause. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor
shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 16. Severabilitv. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 17. Effective Date. This Ordinance shall become effective immediately
upon its adoption and publication as provided by law and the City Charter.
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page 6
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF `�
WYLIE, TEXAS,on this 13th day of June, 2006.
John Mondy, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page 7