A. Establishment: There is established, pursuant to this chapter the Mesquite Public Arts Commission ("MPAC").
B. Purpose: The City of Mesquite recognizes that art is vitally important to the quality of life of the citizens of the City. This resolution is intended to encourage and enhance artistic expression and appreciation and to add value to the community through acquiring, exhibiting and maintaining public art. The MPAC shall only review matters related to works of art in public places. The MPAC shall have no authority over or provide any oversight, unless expressly granted the authority to do so, over matters of private art.
C. Definitions: As used in this section:
ART IN PUBLIC PLACES: Any visual work of art displayed for six (6) months or longer in an outdoor City-owned area, on the exterior of any City-owned facility, inside any City-owned facility in areas open to the public, or on non-City property open to the public if the work of art is financed, either wholly or in part, with City funds or grants procured by the City. Public places shall specifically exclude the Mesquite Fine Arts Gallery.
PERFORMING ARTS: Any art where live or recorded artists use their voices, bodies, or physical instruments utilized by a person, to convey artistic expression on a non-permanent basis.
WORK OF ART: Shall mean and include, but is not limited to, a sculpture, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving and stained glass. "Work of art" shall not include landscaping, paving, architectural ornamentation or signs, except when commissioned from an artist selected by the City. "Work of art" shall not include the performing arts.
D. Composition; Qualifications; Voting Restrictions:
1. The MPAC shall consist of seven (7) voting members to be appointed in a manner provided for in Section E. of this section.
2. No member of the MPAC shall hold an elected public office nor be a City employee unless otherwise specifically allowed by this section.
3. No member of the MPAC shall be a first degree consanguinity or affinity kinship relationship to a prohibited elected public office holder or City employee.
4. The members of the MPAC shall consider the total cultural well-being of the City and shall be persons who have diverse interests in, and knowledge about, the various artistic disciplines.
5. As an individual, a member of the MPAC shall not serve as an advocate for a single arts discipline or for a particular arts organization. The Arts Commission as a whole shall serve as an advocacy body for all the arts disciplines.
6. A member of the MPAC who serves as a board member or an officer of an arts organization shall abstain from the discussion with respect to and voting on that organization's applications to the Arts Commission for funding.
E. Composition; Appointments:
1. The MPAC shall consist of seven (7) members appointed as follows:
a. Seats 1-5 shall be appointed by the corresponding members of the City Council Seats 1-5 at the beginning of their respective term; to serve simultaneously throughout the term of the appointing City Council member.
b. Seat 6 shall be appointed by the Mayor at the beginning of the Mayor's term, to serve simultaneously throughout the term of the Mayor.
c. Seat 7 shall be appointed by the MPAC as a whole, for a two (2)-year term.
2. Vacancies:
a. Any vacancy shall be filled by the same individual entitled to originally appoint the member to fill that particular seat as stated in E.1. Any person thereby appointed shall only fill the remainder of the term to which he or she has been appointed.
F. Process To Be Used To Select Works Of Art And Artists:
1. Art may be acquired by the MPAC in any lawful manner, including but not limited to, direct purchase, donations, leases and loans.
2. Any art leased or loaned to the City of Mesquite shall be by the terms of a written agreement.
3. Any art purchased by the MPAC shall require a bill of sale.
4. Any art donated to the MPAC shall require a statement of donation or other document demonstrating the transfer of ownership.
G. Selection Criteria: The MPAC shall select and/or make recommendations for the selection of works of art, artists, and/or sites for placement of works of art by using the following selection criteria:
1. Artwork Selection Criteria:
a. Conceptual compatibility of the design with the immediate environment of the site;
b. Appropriateness of the design to the function of the site;
c. Preservation and integration of natural features for the project;
d. Appropriateness of the materials and design (texture, color, line, shape and value) to the expression of the artist's concept;
e. Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to ensure a variety of style, design and media throughout the community;
f. Permanence of structural and surface components; and
g. Arts as a communicative function.
2. Artistic Criteria: (For use when artists will be selected to work with architects/engineers.) The selection of an artist for a MPAC project shall be based on artistic excellence and technical competence of works by the artists to be reviewed from accurate representations of such works in slides, photographs, videos, etc.
3. Placement Criteria: The following criteria shall be used by the MPAC in the placement of works of art. It is the role of the MPAC to determine the relative importance of each of the criteria listed below for a given proposal: (The following are not listed in order of importance.)
a. Relationship of artwork to the physical dimensions, social dynamics, local character and surrounding context of the site, existing or planned;
b. Visibility of the site by the general public;
c. Public safety and maintenance consideration;
d. Interior and exterior vehicular and pedestrian traffic patterns;
e. Site design including landscaping, drainage, grading, lighting and seating considerations;
f. Relationship and proposed artwork to existing artworks within the site vicinity;
g. Environmental impact such as noise, sound, light and color;
h. Public accessibility to the art work, including access by persons with disabilities;
i. Impact on adjacent property owners (views, etc.);
j. Impact on operational functions of the City;
k. Possibility of vandalism;
l. Cost of development/installation; and
m. Compatibility of the design and location with the historical character of the site.
4. Installation: At the time of lease or acquisition, whether by donation, purchase, or otherwise, the project budget must cover the cost of installation which may include:
a. Pedestal or other display components;
b. Site development/installation; and
c. Identification plaque.
H. Officers: The MPAC shall have a chair and vice-chair, selected by the members themselves from amongst the voting members.
I. Funding:
1. The MPAC shall receive an initial grant of five thousand dollars ($5,000.00) from directional sign revenues to commence operations.
2. MPAC members shall be responsible for soliciting donations in order to support the MPAC's operations on an ongoing basis.
3. Commission are granted the ability to solicit donations, charitable gifts, and bequests to be deposited in the City Trust account set aside for the arts.
4. Commission is allowed to hold events to advertise MPAC's presence and to raise funds to provide public art in Mesquite provided that:
a. All events will need to be approved by the City Manager
b. All events will need to be approved by the Trustees of MPAC. (Ord. 568, 12-10-2019; amd. Ord. B22-02, 3-8-2022; Ord. B23-010, 6-27-2023)