The findings set forth above are incorporated into the body of this division as if fully set forth herein.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11)
For the purposes of this division, the following terms, phrases, words and their derivation shall have the meaning given herein:
Works in any permanent medium or combination of media produced by a professional practitioner in the arts, including architecture and landscape architecture, generally recognized as possessing serious intent and substantial ability. For public art projects, the terms art and artwork do not include performing or literary arts such as dance, music, drama, or poetry unless expressed in a manner defined above.
The members of the arts and culture advisory board, excluding any ex-officio members of the board.
The arts and culture advisory board of the City of Frisco, Texas.
Projects that are funded by the City of Frisco.
Funds used for the acquisition of fixed assets or construction of capital projects not being financed by proprietary or nonexpendable trust funds.
The city manager of the City of Frisco, Texas, or his/her designee.
The cultural affairs master plan of the City of Frisco, Texas, as it exists or may be amended. The cultural affairs master plan shall provide a strategy and vision for systematic implementation of goals and objectives to enhance the arts and culture sector throughout Frisco.
All works of art owned by the City of Frisco, Texas.
The City of Frisco, Texas.
The maintenance and preservation plan for the Frisco Heritage Center, as it exists or may be amended.
The public art master plan of the City of Frisco, Texas, as it exists or may be amended. The public art master plan shall provide a strategy and vision for the selection of art produced for public spaces in Frisco.
The public art program of the City of Frisco, Texas, continued by this division.
A report detailing the status of public art projects and funding levels. Staff will present the report to the arts and culture advisory board at its regular meeting at least annually.
The person or persons designated by the city manager to serve as one or more staff liaisons for the board.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
The public art program is hereby continued to, among other things, promote and encourage art in Frisco public spaces, to create an enhanced visual environment for Frisco residents, to commemorate Frisco's rich cultural and ethnic diversity, to integrate the design work of artists into the development of Frisco's capital infrastructure improvements and to promote tourism and economic vitality in Frisco through the artistic design of public spaces.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
(a)
Funding for the public art program shall be accomplished by designating up to two percent (2%) but not less than one percent (1%) of CIP funding for the acquisition of public art, which may be derived from Frisco's capital project fund, project partners and/or grants as provided herein. The allocation shall be calculated based on the total construction costs, excluding all costs for demolition and real property acquisition, and excluding any subsequent amounts appropriated for amendments and change orders. For projects funded through bonds, certificates of obligation or other public securities of the city ("bonds"), the original design and construction appropriation estimate will determine the allocation, and the art installation may be physically limited or closely related to the project undertaking with the bond proceeds. Additionally, state law, federal law relating to tax-exempt bonds, bond election proceedings and state administrative decisions may limit or restrict the use of bond proceeds for these purposes; the city shall ensure compliance with all such limitations or restrictions. For all other funding sources, the allocation will be based upon final design and construction bid values. The allocation required by this subsection shall not be made for capital improvement projects located outside Frisco city limits. All capital improvement projects qualify except the following: Regular road maintenance, underground infrastructure and underground utility projects with no above-ground components other than roads. Capital improvement projects with underground infrastructure including utility projects should be included only when there are significant visual elements of the project above ground. The total budget of the capital improvement project shall include all underground components. For projects determined to be unsuitable for public art by the city manager or his/her designee due to low anticipated visibility or use by the public, insufficient funds to produce art of quality and durability, or because art was previously produced for the proposed location of a reinvestment capital improvement project, a determination will be made if unused funds can legally be pooled with other monies for use at a different location. Said project suitability, and funding allocation or reallocation, will be confirmed by the arts and culture advisory board.
(b)
Acquisition funds provided by subsection (a) of this section shall be used for artist fees and costs related to the production of artwork.
(2)
Inappropriate expenditures include:
(A)
Reproductions by mechanical or other means of original artwork (however, limited editions controlled by the artist, or original prints, cast sculpture or photographs may be included);
(B)
Vegetative materials, pool(s), paths, benches, receptacle(s), fixtures, planters, etc., except when designed by artists;
(C)
Art objects which are mass-produced or of standard design, such as playground sculptures or directional fountains or other functional elements, except when designed by artists;
(D)
Walls, pools or other architectural elements on or in which the artwork is placed or affixed;
(E)
Preparation of the site necessary to receive the artwork; electrical, water or mechanical service for activation of the artwork;
(F)
Temporary art such as gallery exhibitions and other projects intended to be nonpermanent;
(G)
Exhibitions and educational programs relative to the artwork before or after installation, including lighting, registration, dedication, unveiling, insurance, security and publicity or publications;
(H)
Consultant or designer costs related to public art projects unless deemed necessary by the artist.
Due to funding restrictions associated with general obligation bonds and certificates of obligation, separate accounts will be established from the general fund for public art program operations, programming, public art maintenance and temporary art. |
(c)
Any funds for public art projects underway not expended at the conclusion of the fiscal year will rollover into the following fiscal year.
(d)
For all grants sought by Frisco for CIPs in the amount of $1,000,000.00 or more, Frisco departments shall include, when allowable by the funding entity, a request that two percent (2%) of the grant amount be authorized for art. Likewise, when Frisco is not a CIP's sole funding entity, the art allocation shall apply only to Frisco's portion of the project cost, though all project partners are encouraged to participate.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
The arts and culture advisory board is created for the purpose of, among other things, advocacy for arts and culture in Frisco, promoting cultural programming and events, making recommendations on artist selection for capital improvement public art projects, supporting the preservation and maintenance of Heritage Center historical structures, and fostering creativity through the visual and performing arts. The board shall serve in an advisory capacity to the city council and city staff. The board shall function according to the laws of the state, the charter of the city, and the provisions of this code.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
The board shall consist of seven (7) members, to be appointed by the city council. Members shall be designated as place numbers one (1) through seven (7). The term of office shall be for two (2) years. Places one (1), three (3), five (5) and seven (7) shall be appointed to two (2) year terms ending on September 30th in odd-numbered years. Places two (2), four (4) and six (6) shall be appointed to two (2) year terms ending on September 30th in even-numbered years. No board member shall serve for more than three (3) consecutive terms or six (6) consecutive years (whichever is less), unless extended by a supermajority vote of the city council; 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.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
(a)
Each board member shall be a qualified voter of Frisco and shall not be an employee of Frisco.
(b)
Candidates for appointment to the board should demonstrate significant knowledge, interest or expertise in one (1) or more of the following areas: visual arts, performing arts, literary arts, culinary arts, music, architecture, landscape architecture, urban planning, history, design, education, engineering, marketing, special events or the nonprofit sector.
(c)
Each board member shall have any other qualification(s) as the city council deems necessary and appropriate.
(d)
If a board member no longer possesses the qualifications for the position to which they are appointed, they shall resign or be deemed to have resigned.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
(a)
All meetings and deliberations of the board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act.
(b)
Regular meetings of the board shall take place at least once each calendar quarter at a regular time and place to be determined by the board.
(c)
Special meetings of the board may be held at any time or place on proper notice. Special meetings may be called by the chair, the city manager, the staff liaison or on the request of three (3) board members.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
(a)
A majority of the duly appointed members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the board at a meeting in which a quorum is present shall be the act of the board.
(b)
Each member is entitled to one (1) vote. Only duly appointed members shall be allowed to vote. No proxies or substitutions will be allowed.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
(a)
The officers of the board shall be a chair, a vice chair, a secretary and such other officers as the board may from time-to-time elect. Terms of office shall be one (1) year with the right of an officer to be reelected. Subject to section 2-75, all officers shall be elected by and from the board and shall be subject to removal from office at any time by a vote of a majority of the entire board or by action of the majority of the city council. A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the board.
(b)
The chair shall be the presiding officer of the board with the following authority:
(1)
Shall preside over all meetings of the board;
(2)
Shall vote on all matters coming before the board;
(3)
Shall have the authority, upon reasonable notice to the members of the board, to call a special meeting of the board when in the chair's judgment such a meeting is required; and
(4)
Shall report annually to the city council concerning the board's activities and proposals.
(c)
The vice chair shall assist the chair in directing the affairs of the board. In the absence or the inability to act as the chair, the vice chair shall exercise the powers of the chair.
(d)
The secretary shall keep the minutes of all meetings of the board, and in the secretary's absence, the chair shall designate another member to act as secretary. The secretary may accept the assistance of city personnel in taking and transcribing minutes, when available, but shall sign before presenting the same to the board for approval.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
(a)
The board shall act principally in an advisory capacity to city staff and city council in matters pertaining to arts and culture, and more specifically, the implementation of the city's cultural affairs master plan and the city's public art master plan, as they each exist and may be amended.
(b)
The board shall advise and make recommendations on artist selection for capital improvement project public art projects, review of public art designs, the public art report, maintenance and deaccession of art, art donations and promotion of Frisco's public art collection.
(c)
The board shall advise and make recommendations on the Frisco Discovery Center's annual open season regarding the performing and visual arts.
(d)
The board shall advise and make recommendations on the maintenance and preservation plan of Frisco's Heritage Center.
(e)
The board shall advise and make recommendations on the promotion of special events organized by Frisco.
(f)
The board shall advise and make recommendations pertaining to accessibility of the arts for all residents of Frisco.
(g)
The board shall foster the development of the arts and culture sector in Frisco by encouraging innovation and cultural diversity in programming and community engagement.
(h)
The board shall support the work of staff to shape our community through cultural engagement, artistic expression and diverse experiences.
(i)
The board, through its chair, shall report annually to the city council concerning its activities and proposals.
(j)
The board's authority shall not extend to the direction, supervision, employment or termination of employees of Frisco, including without limitation, the staff liaison.
(k)
The board may, from time-to-time, recommend to the city council amendments or changes to this division.
(l)
The board shall not have the power to obligate Frisco for any funds or expenditures or incur any debt on behalf of Frisco.
(m)
The board shall keep and maintain minutes of any and all proceedings held and submit a written report of such proceedings to the city secretary not more than three (3) weeks following the approval of such minutes by the board.
(n)
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 an individual member is authorized except through the board or city council.
(Ordinance 11-09-46, sec. 5, ex. A, adopted 9/20/11; Ordinance 18-08-43 adopted 8/21/18; Ordinance 2024-05-26 adopted 5/21/2024)
When vacancies occur on the board, the city council shall appoint, by majority vote, a replacement to serve the remainder of the term.
(Ordinance 2024-05-26 adopted 5/21/2024)
(a)
Artist selection methods shall be as follows:
(1)
Open competition.
Any artist may submit applications for project consideration, subject to the eligibility criteria listed in the call to artists.
(2)
Limited competition.
A list of artists to be invited to submit applications for the project will be compiled by staff in consultation with the board. This method may be appropriate when there is a limited timeframe or if the project requirements are so specialized that only a limited number of artists would be eligible.
(3)
Direct selection.
On occasion, an artist may be chosen directly by staff in consultation with the board. Direct selection may be useful on projects with an urgent timeline, low budget or very specific project requirements.
(4)
Direct purchase.
A small number of projects could require the direct purchase of an artwork due to the exacting nature of the project, low budget or a limited timeline. Approval by the city manager or his/her designee is required.
(b)
The following artist selection process will apply for open and limited competitions. For direct selection and direct purchase, only the discovery step will apply.
(1)
Discovery.
City staff determines the public art project budget, goals and potential site or sites in consultation with the capital improvement project designers and presents the information to the board for feedback.
(2)
Call to artists.
City staff drafts a request for qualifications including a project scope and eligibility requirements.
(3)
Artist selection.
City staff convenes an artist selection committee consisting of members of the board and parks and recreation board, a staff member representing the city department overseeing the capital improvement project and community representatives. For projects with budgets under $150,000.00, the artist selection committee will select the artist based on a review of previous work. The artist with majority support from the artist selection committee will be chosen for the project. For projects over $150,000.00, the artist selection committee will choose up to five (5) finalists to produce potential designs for the project. Finalists will receive a design fee. The artist with the design that has majority support from the artist selection committee will be chosen for the project.
(Ordinance 2024-05-26 adopted 5/21/2024)