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Home My WebLink AboutR2007-036s:\our documentskesolutions\O7tresolution for public art donations.doc RESOLUTION NO. SO~ / - O A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE ACCEPTANCE OF PUBLIC ART, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Parks, Recreation and Beautification Board has approved and recommended a new policy to govern the acceptance ofpublic art; and WHEREAS, the City Council deems it in the public interest to adopt this policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Donations of Public Art Policy, which is attached hereto and made a part hereof for all purposes, is hereby approved and adopted SECTION 2. All policies inconsistent herewith are hereby repealed SECTION 3. This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~ day of ~ , 2007. PE . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY . BY: ~ APPRO ED AS O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY:i/~ ~ CITY OF DENTON DONATIONS OF PUBLIC ART Statement of Purpose: The purpose of this policy is to establish guidelines to evaluate proposed voluntary public art gifts from private sources. Proposed gifts of artwork will be reviewed before being placed into the public art collection. Objectives of the Policy: 1. To encourage and ensure that the City acquires public art that meets a high standard and is appropriate and meaningful for the community. 2. To provide a procedure for reviewing proposed gifts to the City of art works intended for placement in public places under the City's jurisdiction. 3. To acquire works that contribute to and enhance the City's Public Art Collection. Definitions: Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City. Public art that is not paid with public funds and not placed on public property is not governed by this policy. Unrestricted Donation - A donation to the City without any limitation being placed upon its use or placement. Restricted Donation - A donation to the City for a specific purpose or placement. Sponsor - An individual or group, other than the artist, who proposes a donation of a work of art or funded project for placement on a public site under the City's jurisdiction. Role of Sponsor -The sponsor's principal role is to state the intent of the donation and provide the funding for its manufacture, installation, and maintenance. Community groups or corporations can act as a sponsor, provided that they are capable of demonstrating community support for the proposal and clear financial responsibility for its acquisition, production, installation, and maintenance at the time of the proposal. Acceptance Conditions: 1. No civic funds will be provided for production, siting or installation. 2. A sponsor or co-sponsor must present the proposal. 3. All expenses related to the donation and review process rest with the sponsor. 4. The sponsor must provide the funds for maintenance at the time of Installation. 5. Sponsor is responsible for establishing the value of the work. 1/4 When the City receives a request to accept and install public art or a memorial, and provided the conditions outlined above are met, the following steps are set in motion: I . Consultation with the City's Public Art Committee and the appointment of a panel to review design,'social and merit issues. 2. A technical review by the City of the site and the work (if created). 3. Public consultation. Works of Art: Includes, but is not limited to, physical art that may be an integral part of a public site or building, or that may be integrated with the work of other design professionals. Public works of art maybe permanent, fixed, temporary, or portable. Examples of public works of art include: 1. Sculpture which maybe made of any material or combination of materials, may be free standing, wall-supported or suspended, kinetic, electronic, or mechanical. 2. Murals and paintings which may be made of any material or variety of materials, with or without collage, and which may be made with traditional or non-traditional means. 3. Earthworks, neon, glass, organic materials (for example fiber, clay, or wood), mosaics, photographs, prints, literary arts, calligraphy, any combination of media forms (for example sound, film, holographic, video, or computer systems), or hybrids of any media. Procedure/Process: In order for an artwork donation or loan to be considered, a potential sponsor must obtain and complete an Artwork Donation Form from the City of Denton Parks and Recreation Department. 2. The sponsor will be asked to submit a detailed proposal to the City and Public Art Committee prior to its consideration. The proposal must contain: i a) A rationale for the proposed gift b) A brief statement of proposed artwork and theme from the artist c) A project timeline d) Project ownership, transfer to the City and stakeholder responsibilities e) A site plan showing the work in relation to the site f) Visual presentation material of the work on the proposed site(s) and community, including drawing(s), photograph(s), and model(s) of the proposed work with scale and materials indicated g) A detailed budget, with projected costs for the project, including materials, installation, documentation, construction, maintenance, insurance, etc. h) Funds committed to date and proposed source(s) of funds i) Anticipated maintenance for completed and/or donated artwork j) Artist's resume and any additional supporting material k) All other program criteria should be addressed in the proposal 2/4 3. The Public Art Committee and City staff will review offers of artwork to determine whether they meet initial criteria for the City's Public Art Collection. 4. All those qualifying will be put on a list of possible donations. 5. The Public Art Committee will appoint and instruct a panel(s) to review the offers and sites for compatibility and make recommendations to the Public Art Committee. 6. The panel of no fewer than three members and no more than five with suitable expertise, including art professionals and at least one neighborhood representative, will evaluate the work according to the criteria and the choice of site. 7. The panel chair will report the panel's decision in writing to the Public Art Committee. 8. The Public Art Committee accepts or rejects the panel's decision. 9. The Public Art Committee makes arecommendation to the City Council on accepted proposals. 10. If the proposal is accepted by the City Council, a formal agreement will be drawn up outlining the responsibilities of each party (the City, the sponsor, the artist and outside contractors, where applicable). The agreement will address project funding, insurance, siting, maintenance, project supervision, vandalism, the plaque, the right of removal or transfer, public safety, and other issues as necessary. 11. If the panel, the Public Art Committee, or the City decides against selecting the proposal, Citystaffwill notify the sponsor and the artist with the rationale for their decision. Selection Criteria for Proposed Donations to Public Art Collections: The City's public art program encourages the creation of work of the highest standards, that is deemed relevant to the community, and that allows the public to be inspired, make connections and understand relationships; among the works in the collection and the community. City staff will review all .proposals of gifts of artwork based on the following criteria, and refer them to the Public Art Committee, its review panel and City Council. 1. City Sites: Gifted public artwork must be for sites under the City's jurisdiction (e.g. City owned, City managed, e.g. public right of way). 2. Theme: A stated theme of the artwork, which is consistent with the goals, objectives, and mandate of the City's public art program, must be identified. 3. Relevance: Works of art must be appropriate for the proposed site and its surroundings, and complement surrounding architecture, topography, history, and the social dynamic of the particular community in which the art will be placed. 4. Artistic Excellence: The work of art shall merit placement in a City public place. A demonstrated ability and potential of the artist to execute the proposed piece, based on previous artistic achievement and experience must be shown. 3/4 In the case of a donation of an existing work of art, the quality of the work(s) must be supported by documentation from an independent professional evaluator. 1n addition, the artwork must enhance the City's Public Art Collection. 5. Physical Durability: Consideration of the artwork's long-term durability against theft, vandalism, and weather must be addressed. 6. Public Safety: All proposals must address public safety concerns. 7. Costs: All costs of the proposed artwork, including production, acquisition, siting, installation, and maintenance must be provided by the sponsor and be detailed in the proposal, with the exception that City funds for the artwork maybe considered if it represents community or heritage significance. 8. Legal: Consideration will be given to the proposed terms of donation, legal title, copyright authenticity, artist right to reproduce, liability and other issues as appropriate. 4/4