07-17-2008 (Public Arts Advisory) Agenda Packet Public Arts Advisory Board
CITY:F WYLIE NOTICE OF MEETING
Regular Meeting Agenda
J U LY 17, 2008 — 6:30 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
2000 Highway 78 North
Stewart Matthews Chair
Polly Harrison Vice Chair
Patsy Robertson Board Member
Erin Dougherty Board Member
Ashley Burt Board Member
Kathy Spillyards Board Member
Warner Washington Board Member
Carole Ehrlich Board Liaison
Carole Ehrlich Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal
Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wvlietexas.gov.
The Chairman and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience
are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
WORK SESSION
❑ Discussion regarding the concept of planning a Wylie Public Art Festival.
(Rob Hunter, Ballard Street Music Company and Craig Kelley, Public Information
Officer))
❑ Discussion regarding upcoming CIP Public Art Projects Funding. (Public
Arts Advisory Board Liaison, Carole Ehrlich)
July 17,2008 Wylie Public Arts Advisory Board Regular Meeting Agenda Page 2 of 2
BUSINESS ITEMS
1. Consider and act upon approval of the minutes from the May 15, 2008 Public
Arts Advisory Board Meeting.
2. Consider and act upon review and recommendation to the City Council the one
(1) percent for art funding for the Fire Station #3 Project, the new Wylie
Municipal Complex Project, the Community Park Project, and the Founder's
Park Project. (PAAB Board Liaison, C. Ehrlich)
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 14th day of July, 2008 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this
agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Voter Total Deduct Deduct Net 1%
Authorized Additional Project Infrastructure Land, Books Project Art Fund
Projects Bonds Funding Costs Costs FF&E Costs Funding
Streets
FM 1378 9,700,000 0 9,700,000 9,700,000 97,000
Stone Rd-Phase 1 3,250,000 0 3,250,000 3,250,000 32,500
Stone Rd- Phase 2 7,150,000 0 7,150,000 7,150,000 71,500
Brown Street-West 9,000,000 0 9,000,000 9,000,000 90,000
Brown Street- East 6,300,000 0 6,300,000 6,300,000 63,000
Alan's Drive 2,600,000 0 2,600,000 2,600,000 26,000
Streets Total 38,000,000 0 38,000,000 0 0 38,000,000 380,000
Sidewalks 500,000 0 500,000_ 500,000( 5,000
Fire Station 3 1,500,0001 2,000,000 3,500,000 37,500 3,462,500 34,625'
Community Park 1,495,000 0 1,495,000 1,495,000 14,950
Founders Park 5,470,000 0 5,470,000 5,470,000 54,700
Recreation Center. 10,200,000 5,000,000 15,200,000 58,348 15,141,652 151,417
City Hall Facilities 8,645,000 5,000,000 13,645,000 433,380 13,211,620 132,116
Library Facilities 8,140,000 5,000,000 13,140,000 1,212,435 11,927,565 119,276
TOTAL 36,330,000 17,000,000 90,950,000 0 1,741,663 89,208,337 892,083
?At' Public Arts Advisory Board
CITY OF WYLIE
Minutes
Regular Board Meeting
May 15, 2008 - 6:30 p.m.
Wylie Municipal Complex
Council Conference Room
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
The meeting was called to order at 6:35 p.m. by Chairman Stewart Matthews noting the presence of a
quorum. Those in attendance were: Vice Chairman Polly Harrison, Warner Washington, Kathy
Spillyards and Kathy Welp (left at 6:55 p.m.) Board members Patsy Robertson and Ashley Burt were
absent.
Staff present was Craig Kelly, Public Information Officer and Carole Ehrlich, Board Liaison/Secretary.
Chairman Matthews announced a letter of resignation he had received from PAAB member Kathy
Welp. The resignation will become effective as of May 15, 2008. He thanked Kathy Welp for her
service on the board.
WORK SESSION
❑ Discussion regarding promoting the Wylie Public Arts Program through
media publicity. (Wylie Public Information Officer, Craig Kelly)
Public Information Officer Craig Kelly gave a short presentation regarding levels of promotion and
advertising medias that could be used in promoting Wylie Public Art. He included the e-Wylie which is
distributed electronically to residents of Wylie and the monthly Newsletter which is enclosed in each
utility bill. He suggested speaking with the publisher for the tri-community magazine, Connections which
would be distributed to Murphy, Sachse and the City of Wylie quarterly. He reported that these types of
media reach a large sector of Wylie residents. He reported that shared project advertising with
department functions is another economical way to advertise.
PAAB members asked Mr. Kelly if he could assist with special projects such as art festivals and young
artist's shows. Mr. Kelly commented that his office would be excited to assist with these types of art
gatherings and had some experience in this field. He reported that a large endeavor such as an arts
and crafts show, if done properly, could take from six months to a year to plan and to be successful
would require the participation, cooperation and volunteerism of community groups, the Art Board and
other City departments.
❑ Discussion regarding the newly approved City of Wylie Public Arts
Guidelines Plan and procedures for artist selection panels and consulting
services. (Public Arts Advisory Board Liaison, Carole Ehrlich)
Public Arts Advisory Board liaison Carole Ehrlich reported that the Wylie City Council had approved the
City of Wylie Public Arts Guidelines Plan at their regular meeting of May 13, 2008. She reviewed the
procedures for the appointment of an Artist Selection Panel. She explained that pursuant to the PAGP,
the panel should be a mix of members to include the following: persons experienced in art, a Wylie
citizen, a representative from the neighborhood and a representative from the department for which the
art is selected, and a PAAB member. Also included for consideration should be the project architect,
and staff that will be assisting with the installation of the project. She reported that those persons could
be appointed as advisory and non-voting members.
Ms. Ehrlich reported that the board had indicated a desire to obtain assistance from an art consultant
on the first couple of Capitol Improvement Percent for Art projects. She reported that she had been in
contact with art consultant Sharon Leeber, President of Architectural Arts who the board had worked
with previously to see if she would be interested in consulting on the first project. She reported that this
item is posted for consideration on the agenda should the board wish to proceed.
BUSINESS ITEMS
1. Consider and act upon approval of the minutes from the April 17, 2008 Public
Arts Advisory Board Meeting.
Board Action
A motion was made by Warner Washington, seconded by Polly Harrison to approve the April 17, 2008
PAAB Minutes as presented. A vote was taken and passed 4-0 with board members Ashley Burt, Kathy
Welp, and Patsy Robertson absent.
2. Consider and act upon the appointment of an Artist Selection Panel for the
Wylie Fire Station #3 Project.
Staff Comments
PAAB Chair Matthews reported that a list had been submitted by members and the board liaison of
possible members to the artist selection panel. Board liaison Ehrlich reported that after flyers had been
sent to the residents near the new fire station, no one had contacted her office to volunteer to serve on
the committee as the neighborhood representative. Board member Spillyards commented that she
knew several of the residents near the new fire station project and could contact them to recommend a
neighborhood representative should the board wish her to do so. Board Chair Matthews commented
that several possible panel members had been contacted and were willing to serve. He reported that
WISD High School Art Director Macklyn Stripling was willing to serve. Vice Chair Harrison reported that
she was recommending Nicole House, owner of Wylie Studio for Kids and graphic designer for a
possible panel member. Also discussed were Warner Washington to serve as the PAAB Board
representative and Fire Chief Randy Corbin to serve as the project representative. Board Liaison
May 15, 2008 Wylie Public Arts Advisory Board Minutes Page 2 of 4
Ehrlich reported that Raymond Cooper was willing to serve as the citizen representative if appointed.
Board Chair Matthews asked if there were any other nominations for members to the artist selection
panel. There were no other nominations presented.
Board liaison Ehrlich reported that advisory board members, per the Public Arts Guidelines Plan could
include the architect on the project Doug Edney and Public Services Director Mike Sferra and City
Engineer Chris Hoisted who will be instrumental in the installation process.
Board Action
A motion was made by Kathy Spillyards, seconded by Polly Harrison to appoint the following members
to the Fire Station #3 Art Selection Panel: Raymond Cooper; Macklyn Stripling, Nicole House, Fire
Chief Randy Corbin, Warner Washington, and a neighborhood representative subject to the
recommendation by board member Spillyards. Non voting advisory members will include: Public
Services Director, Mike Sferra, City Engineer, Chris Hoisted, and Doug Edney, architect representing
Wiginton Hooker Jeffry, P.C. A vote was taken and passed 4-0 with board members Kathy Welp,
Ashley Burt, and Patsy Robertson absent.
3. Consider and act upon an agreement for consulting services between the City
of Wylie and art consultant Sharon Leeber (Architectural Arts) for the Wylie
Fire Station #3 project.
Staff Comments
Ms. Ehrlich reported that the board had indicated a desire to obtain assistance from an art consultant
on the first couple of art projects. She reported that she had been in contact with art consultant Sharon
Leeber, President of Architectural Arts who the board had worked with previously to see if she would be
interested in consulting on the first project. She indicated that she would be willing to work with the
board on the Fire Station #3 Project. She noted that a quote was included in the agenda packet for
consideration by the board.
Board Discussion
PAAB Chair Matthews asked the members if the consensus of the board was to move forward with the
first project with the assistance of a consultant. Board member Washington commented that he
believed the first project needed the assistance of a consultant to assist the board with the processes.
Board member Spillyards noted that the board may need a consultant beyond the first project. She
commented that she believed the City would save more with the assistance of a consultant than they
would spend for those services.
Board liaison Ehrlich reported that she had received a quote for consulting services from Sharon
Leeber, President of Architectural Arts to assist with the Fire State #3 Project to include all processes
from the Call for Artist through fabrication, installation and final contract in the amount of $150.00 per
hour, not to exceed $5,000. She explained that Ms. Leeber had stated that because of the size of the
project, she did not anticipate the cost going to the maximum but included the ceiling in the event it took
longer than anticipated. She would bill on a monthly basis so the board could determine what costs
were associated with each process.
May 15, 2008 Wylie Public Arts Advisory Board Minutes Page 3 of 4
Board Action
A motion was made by Warner Washington, seconded by Polly Harrison to approve a consulting
services contract between the City of Wylie and Sharon Leeber, Architectural Arts, Inc. to provide
consulting services for the Wylie Fire Station #3 Project at $150.00 per hour, not to exceed $5,000.A
vote was taken and passed 4-0 with Ashley Burt, Kathy Welp, and Patsy Robertson absent.
ADJOURNMENT
With no further business before the Public Arts Advisory Board, a motion was made by Warner
Washington, seconded by Kathy Spillyards to adjourn the meeting at 7:55 p.m. A vote was taken and
passed 4-0 with Ashley Burt, Kathy Welp, and Patsy Robertson absent.
Stewart Matthews, Chair
Carole Ehrlich, Secretary
May 15, 2008 Wylie Public Arts Advisory Board Minutes Page 4 of 4
Public Arts Advisory Board
CITY OF WYLIE AGENDA REPORT
1
Meeting Date: July 17, 2008 Item Number: 2
(City Secretary's Use Only)
Department: Board Liaison
Prepared By: Carole Ehrlich Account Code:
Date Prepared: 7-15-08 Budgeted Amount:
Ordinance, legal opinion,
Exhibits: funding calculations
Subject
Consider and act upon review and recommendation to the City Council the one (1) percent for
art funding for the Fire Station #3 Project, the new Wylie Municipal Complex Project, the
Community Park Project, and the Founder's Park Project. (PAAB Board Liaison, C. Ehrlich)
Recommendation
Motion to recommend the following project costs to the City Council for the one(1) percent for art
funding:
Fire Station #3 Project $ 34,625. Recreation Center $151,417.
Community Park Project $ 14,625. Founders Park Project $ 54,700
City Hall Facilities $132,116. Library Facilities $119,276
Discussion
Ordinance No. 2006-37 established the Public Art Program and created the Public Arts Advisory
Board. The duties of the Public Art Advisory Board are among other things, is to oversee the public
arts program and act in an advisory capacity to the City Council. The Public Arts Advisory Board
shall annually report the proposals for the one (1) percent of eligible CIP funding for public art; which
may be derived from the City's Capital Projects fund, the enterprise fund and /or grants but excluding
appropriations for underground infrastructure improvement.
Due to the vague nature of this statement, staff has asked for a legal opinion from the City Attorney's
Office regarding whether the exclusion is appropriate for underground infrastructure within each
construction project or only those projects that specifically address underground infrastructure. It is
the opinion of the City Attorney Rebecca Brewer that the later is the intent of this statement.
Therefore only projects specifically dealing with underground infrastructure improvements would be
excluded in the funding for public art. The 1% allocation for construction projects would be calculated
based on the total of pre-design, design, and construction costs, less all costs for real property
acquisition, demolition, furniture, fixtures and equipment and library books for any given CIP.
Staff has surveyed the Cities of Frisco, San Antonio, Austin, and Dallas. All four cities currently fund
Page 1
Page 2 of 2
100% of all CIP construction project costs less FF&E, land acquisition, and demolition; this includes
streets and thoroughfares. The city of Dallas includes all storm drains but excludes sewer and water
line projects.
Staff has prepared the proposed funding for six CIP Projects that have or will be funded in the next 18
months. These projects are not the total of all CIP projects but allow a timeframe for the selection and
installation process for six of the major CIP projects.
Staff is requesting the Public Arts Advisory Board to review the funding calculations and make a
recommendation to the City Council for consideration for the 1% for public art funding.
Approved By
Initial Date
CE 7-15-08
Department Liaison
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. Findings 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 media
produced by artists, who are generally recognized by critics and peers as
professionals of serious intent and substantial ability. For the purposes of this
division, the terms art and artwork do not include environmental landscaping or
Ordinance No.2006-37
Establishing the Wylie Arts Board and Public Arts Program Page 1
the performing, or literary arts such as dance, music, drama, or poetry unless
expressed in a manner defined above.
(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.
(f) 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 Program. 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 Program.
(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
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.
(f) 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
Ordinance No. 2006-37
Establishine the Wylie Arts Board and Public Arts Program Page 3
grants and/or contributions from private entities and/or public agencies are
subject to this division, unless art expenditures are not authorized by the
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; 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. Meetings. 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.2006-3 7
F.rtahiichina the Wylie Artc Rnarti anti Pnhlir Artc Prnorarn Pa RP c
(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.
(f) 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/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. 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 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.
3 Mondy, ayor
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Carole Ehrlich, • Secretary • SEAL
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Ordinance No.2006-37
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Page 1 of 3
Carole Ehrlich
From: Rebecca Brewer[rbrewer@ABERNATHY-LAW.com]
Sent: Tuesday, July 15, 2008 9:05 AM
To: Carole Ehrlich
Cc: Mindy Manson; Kathy Booth
Subject: RE: Legal Interpretation for Ordinance 2006-37 Establishment of Wylie Public Art Program
Carole:
Based on the Ordinance, as written, to exclude ANY project that contained
underground infrastructure improvements would, arguably, exclude most, if
not all, projects since each one would, in all probability, have some sort of
underground infrastructure improvements associated with it. Therefore, the
intent most assuredly was that "underground infrastructure improvements"
related to specific CIP projects such as water lines and sewer lines, as
opposed to, for example, a fire station that had water improvements
associated with its construction.
Notwithstanding the interpretation of the Ordinance as it reads today, one
option the City might consider, given the fact that this issue has been
raised, is to amend the Ordinance to provide a definition for "underground
infrastructure improvements". Such a definition might be (obviously needs
Chris' input): "CIP projects in which fifty percent (50%) or more of the
funds allocated for the project are for underground infrastructure such as,
among other things, water, sewer and/or drainage facilities. " Another
option may be to amend the Ordinance and change "underground
infrastructure improvements" to "underground infrastructure projects" and
define as mentioned above.
With regard to your question relating to amendments/change orders, the
funding would be calculated on the amount of the design and construction
services based on the final, executed contract. Any subsequent
amendments/change orders to the original contract would not be included in
the calculation.
Thanks and let me know if you need anything else or further clarification,
Rebecca Brewer
Abernathy, Roeder, Boyd &Joplin P.C.
1700 Redbud Blvd. Suite 300
McKinney, TX 75069
Main (214) 544-4000
Direct(214) 544-4008
Fax(214) 544-4040
e-mail rbrewer@abernathy-law.com
From: Carole Ehrlich [mailto:carole.ehrlich@wylietexas.gov]
07/15/2008
Page 2 of 3
Sent: Thursday, July 03, 2008 11:37 AM
To: Rebecca Brewer
Cc: Mindy Manson
Subject: Legal Interpretation for Ordinance 2006-37 Establishment of Wylie Public Art Program
Rebecca,
In reviewing the attached ordinance as passed in 2006, there is some
vagueness to Section 4: Funding for the Public Arts Program. In particular
the area that designates (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.
Is this statement covering all projects with the exception of underground
infrastructure improvement projects or is it stating that any project must
have underground infrastructure excluded.
The section goes on to state: 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.
Does this portion speak to the exclusions that may be taken for certain costs
within each CIP project rather than the above?
My third question involves the final statement within this section: 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.
Would the design and construction services be those costs at final approval
by City Council of the architects design and final construction documents
and the amendments and change orders be those changes during the
construction of the project that come up during various construction phases;
for the purpose of clarifying final allocations for art?
For an example, if projects are approved by General Obligation Bonds and
then found during initial phases of the design to require additional funding
from Certificates of Obligation, would both funding mechanisms' be included
in the final appropriations for the one percent for art. Both funding sources
were completed prior to final construction documents and design being
submitted and approved by Council.
Please give me a call if you have any questions regarding this request. I
look forward to receiving your opinion.
07/15/2008
Voter Total Deduct Deduct Net 1%
Authorized Additional Project Infrastructure Land, Books Project Art Fund
Projects Bonds Funding Costs Costs FF&E Costs Funding
Streets
FM 1378 9,700,000 0 9,700,000 9,700,000 97,000
Stone Rd-Phase 1 3,250,000 0 3,250,000 3,250,000 32,500
Stone Rd- Phase 2 7,150,000 0 7,150,000 7,150,000 71,500
Brown Street-West 9,000,000 0 9,000,000 9,000,000 90,000
Brown Street- East 6,300,000 0 6,300,000 6,300,000 63,000
Alan's Drive 2,600,000 0 2,600,000 2,600,000 26,000
Streets Total 38,000,000 0 38,000,000 0 0 38,000,000 380,000
Sidewalks 500,000 0 500,000 500,000 5,000
Fire Station 3 1,500,000 2,000,000 3,500,000 37,500 3,462,500 34,625
Community Park 1,495,000 0 1,495,000 1,495,000 14,950
Founders Park 5,470,000 0 5,470,000 5,470,000 54,700
Recreation Center . 10,200,000 5,000,000 15,200,000 58,348 15,141,652 151,417
City Hall Facilities 8,645,000 5,000,000 13,645,000 433,380 13,211,620 132,116
Library Facilities 8,140,000 5,000,000 13,140,000 1,212,435 11,927,565 119,276
TOTAL 36,330,000 17,000,000 90,950,000 0 1,741,663 89,208,337 892,083