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HomeMy WebLinkAbout10512ORDINANCE NO. 10512 AN ORDINANCE APPROVING A PUBLIC ART DONATION AGREEMENT BETWEEN ERIC MCCUE AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATING TO THE DONATION OF ARTWORK FOR PUBLIC ENJOYMENT AS PART OF THE PUEBLO HISTORY AND ARTWALK PROJECT AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Public Art Donation Agreement ("Agreement") by and between Eric McCue and the City of Pueblo, a Colorado Municipal Corporation, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the Pueblo City Attorney, is hereby approved. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City of Pueblo and the City Clerk's Office is authorized to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 10, 2023. Final adoption of Ordinance by City Council on July 24, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on July 26, 2023 . ☐ Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of ____________, on _____________ ☐ Council action on _______ failed to override the Mayor’s veto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 24, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING A PUBLIC ART DONATION AGREEMENT BETWEEN ERIC MCCUE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO THE DONATION OF ARTWORK FOR PUBLIC ENJOYMENT AS PART OF THE PUEBLO HISTORY AND ARTWALK PROJECT AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR SUMMARY: Attached is an Ordinance approving a Public Art Donation Agreement between Eric McCue and the City of Pueblo related to the donation of a sculpture to be installed along the route of the Pueblo History and Art Walk for public enjoyment. PREVIOUS COUNCIL ACTION: On October 26, 2020, City Council passed Resolution No. 14496, adopting the Colorado Smelter Revitalization Plan, which approved a slate of improvement projects in the Bessemer, Bojon Town, and Grove neighborhoods that could be completed as funding became available. On January 9, 2023, City Council passed Ordinance No. 10369, approving an Intergovernmental Agreement between the City and the Pueblo Department of Public Health and Environment related to the establishment of the Pueblo History and Art Walk and related project support to be provided by the City's Public Works Department. On January 23, 2023, City Council passed Ordinance No. 10373, establishing account Project No. PL2203 - Colorado Smelter Revitalization Project Support and budgeting and appropriating funds in the amount of $22,000.00 for the project. BACKGROUND: One of the stated goals in the Colorado Smelter Revitalization Plan was the installation of public artwork within the Bessemer, Bojon Town, and Grove neighborhoods. The Pueblo Department of Public Health and Environment commissioned several artists to create artwork for installation along the Pueblo History and Art Walk route. Eric McCue is among the artists who have been selected to participate in the creation of artwork for this project. FINANCIAL IMPLICATIONS: Mr. McCue will donate his sculpture to the City at no cost and he will be responsible for the installation and maintenance of the artwork for a period of two years while it is on public display. The City will install the foundation for installing the artwork using funds previously budgeted and appropriated by the Pueblo City Council. Mr. McCue will retain the right to purchase his artwork back from the City at the end of the two-year period and he will be responsible for removing the artwork at that time if he so chooses. If he does not exercise his option to buy the artwork back, the City may, at its discretion, opt to continue displaying the artwork, relocate the artwork, or dispose of the artwork. In such case, the City will be responsible for all costs associated with the maintenance of the sculpture after Mr. McCue's two-year maintenance period expires. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: This project was vetted within the local community and supported by the Bessemer, BojonTown, and Grove Improvement Network ("BEGIN") Governing Committee. ALTERNATIVES: Denial of this agreement will result in the City being unable to accept the donated artwork from Mr. McCue. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Public Art Donation Agreement - McCue (230629)