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Ordinance 2012-29 ORDINANCE NO. 2012-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING SECTION 2-342 (NUMBER OF MEMBERS; APPOINTMENT; TERMS) AND SECTION 2-343 (BOARD MEMBERS' QUALIFICATIONS) OF DIVISION 2 (PUBLIC ARTS ADVISORY BOARD) OF ARTICLE X (PUBLIC ARTS PROGRAM) OF CHAPTER 2 (ADMINISTRATION) OF PART II OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Citv Council") previously adopted Ordinance No. 2006-37 establishing the Public Arts Board and Public Arts Program for the City of Wylie, Texas ("W.�"), which was subsequently codified as Division 2 (Public Arts Advisory Board) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part II of the Wyli� Code of Ordinances ("Public Arts Ordinance"); and WHEREAS, the Public Arts Ordinance includes procedures related to Public Art Board member terms and qualifications; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Section 2-342 (Number of Members; ,.�,,, Appointment; Terms) and Section 2-343 (Board Members' Qualifications) of Division 2 (Public Arts Advisory Board) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part II of the Wylie Code of Ordinances to allow all qualified voters to serve on the Public Art Board and remove term limits allowing qualified members to serve longer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings IncorAOrated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 2-342 (Number of Members; Appointment; Terms) of Division 2 (Public Arts Advisorv Board) of Article X (Public Arts Pro�ram) of Chapter 2 (Administration) of Part II of the Wvlie Code of Ordinances Section 2-342 (Number of Members; Appointment; Terms) of Division 2 (Public Arts Advisory Board) of Article X (Pu�blic Arts Program) of Chapter 2 (Administration) of Part II of the Wylie Code of Ordinances is hereby amended as follows: « Sec. 2-342. —Number of inembers; appointment; terms. �`"` The members of the board shall consist of seven (7) members, to be appointed by the City Council for a term of two (2) years; provided, however, that the members of the first Ordinance No.2012-29 Amendment to the Public Arts Board and Public Arts Program Page 1 615585 vl 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. In addition to the seven (7) board -�-� members, the City Manager (ar his designee) 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 3. Amendment to Section 2-343 (Board Member's Qualifications) of Division 2 (Public Arts Advisorv Board) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part II of the Wvlie Code of Ordinances. Section 2-343 (Board Member's Qualifications) of Division 2 (Public Arts Advisory Board) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part II of the Wylie Code of Ordinances is hereby amended as follows: « Section 2-343. -Board Member's Qualifications. Each board member shall be a qualified voter 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. „_„ ,� SECTION 4: Savin�s/Repealin� 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 5: Severability. 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 mare sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage. Ordinance No. 2012-29 Amendment to the Public Arts Board and Public Arts Program Page 2 615585 vl DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF '�`"" WYLIE, TEXAS, on this 25�" day of September, 2012. , Eric Hogue, Mayox ATTESTED TO AND `1`��O;,-, �lj CORRECTLY RECORDED: � ' �' � �, --�- ��� = J �nlf Nk� L��i _ I y �:A.p` ..., \�, _ 1 �,�-`' Caro.e Ehrlich, ity Secretary ` � o��r,COIOR,�D y�,11T�f!RAqW,Y °1887• 8r��e oF TB�'e Ordinance No.2012-29 Amendment to the Public Arts Board and Public Arts Progam Page 3 615585��1 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; ESTABLISHING 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 Incorporated. The findings set forth in the ordinance from which this division is derived are incorporated 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 Artwork means work in any permanent medium or combination of inedia produced by artists, who are generally recognized by critics and peers as professionals of serious intent and substantial ability. Far the purposes of this division, the terms art 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 1 �a (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. (� Ciry 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 ���w 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. Fundin� 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 artwark. 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 -°� 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 autharized 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 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 Ciry 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 Advisorv 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; Appointment; 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 Establishing 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. Savings/Repealin� 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 tliat 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 �z 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