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HomeMy WebLinkAboutR2006-0141$%$1$-"$%.1, R2006014 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other 2 º«(´¯ º¯§²¹ RepealedbyResolutionNo.R201302108/20/ RESOLUTION NO. ZOD~p-Q/~ A RESOLUTION ESTABLISHING A PUBLIC ART POLICY FOR THE CITY OF DENTON, TEXAS; TO BE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT. WHEREAS, the City of Denton recognizes the role of public art in sustaining and promoting its unique and creative community identity and as an economic development resource; and WHEREAS, the Denton Plan establishes goals and strategies related to public art in urban design, street rights of way, parks and other public and private venues; and WHEREAS, the City of Denton City Council established a Public Art Policy Development Task Force to draft a Public Art Policy; and WHEREAS, the Public Art Policy Development Task Force is recommending a comprehensive Public Art Policy that encourages public/private partnerships and establishes funding strategies; and WHEREAS, the Parks, Recreation and Beautification Board has recommended approval of the Public Art Policy; NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton, Public Art Policy, attached hereto, is hereby adopted and approved. PASSED AND APPROVED this, the day of2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY- APPROV AS LEGAL FORM: EDWIN SNYDER, CITY ATTORNE-v B City of Denton Public Art Policy 1.Intent and Purpose The City of Denton's Public Art Policy confirms the commitment that the Denton community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing public spaces. As stated in The Denton Plan:I "Public art provides a number of benefits to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, and make the urban environment more attractive." Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and Teacher Training Institute) in 1894 and at Texas Woman's University (Girls Industrial College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing Denton's visual heritage. In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton's Public Art Policy is established to achieve the following goals: Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. Celebrate Denton's cultural heritage and diversity by encouraging collaboration between artists and the community. Distinguish Denton's image in the metroplex by providing for the creation of quality public art in locations of prominent stature. Foster community education and enjoyment of public art. Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. Encourage participation in the provision of public art through public and private investment. Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy. II. Definition of Public Art 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 of Denton. Public art that is neither paid for with public funds, nor Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide an annual report detailing its goals and accomplishments related to the implementation of this policy. The Parks and Recreation Department will administer the Public Art Policy for the City of Denton in collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. GDAC Executive Director and the Parks & Recreation Director will serve as ex-officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IV. Communitv Involvement The Parks, Recreation and Beautification Board and the City Council ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with GDAC and local educational institutions to educate and inform citizens about projects and the process for involvement. V.Fundine Funding for public art should be realized from both public and private sources to insure a broad and balanced program. Public Funding The City of Denton shall include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions. Funds appropriated will be utilized to support City approved and initiated projects. Funds from individual projects can be combined into aggregate project(s). Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding Page 2 of 5 of existing agencies in the arts category and provides a balance for potentially new agencies. Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Fifty percent of the tax abatement savings from 5% abatement should be committed to public art. Private Funding The Parks and Recreation Department, Public Art Committee, and GDAC will actively pursue public and private sources to fund public art initiatives. Individuals, businesses and organizations will also be encouraged to make contributions. All funds for public art received by the City of Denton from any source other than Capital Improvement Programs and HOT funds will be deposited in a public art agency account established by the City of Denton. This fund will be used to support city-initiated projects as approved by the City of Denton. The Parks and Recreation Department will administer this fund and agency account. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. VI. Site Selection As established in The Denton Plan: The provision of public art will normally be expected as part of any large development scheme. Public art should be considered as an integral part of the design of space in and around development. The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to the Parks, Recreation and Beautification Board, with final approval by the City Council. The Public Art Committee will make its recommendations to: Complement and supplement other planning documents and adopted masterplans. Insure visual and physical access by the public. Insure suitability and appropriateness of art to the site. Provide a balanced and equitable distribution of art in the city. Allow for efficient management and maintenance of the art at the site location. Page 3 of 5 VII. Eligible Projects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: The commissioning of permanent works designed for specific public sites in Denton The loan, purchase, or donation of art works The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IX. Ownership and Copyright Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. X.Maintenance Prior to acceptance of any piece of artwork, the Public Art Committee is required to develop a recommendation for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly maintain the work. The City of Denton shall be responsible for the maintenance and management of city initiated public art projects. XI. Accessioning, Deaccessioning, and Resitina of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, scale, and character of the gift should be appropriate to the particular setting. Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be reviewed by the Public Arts Committee and the Parks, Recreation and Beautification Board, and must be approved by the City Council. In accordance with the provisions of guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety. Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terns of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this Page 4 of 5 policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure.XII. Temporary Exhibits Public art projects may include installations, artist-in-residence programs, and other short-term projects that result in the creation of temporary public art.XIII. Lending Poliev Artwork may be loaned to other agencies or entities if deemed appropriate by the Public Art Committee with final approval of the City Council. The Public Art Committee will be responsible for recommending criteria for establishing a lending policy.The Denton Public Art Policy is based upon the Arlington County, Virginia, Public Art Policy.Page 5 of