HomeMy WebLinkAboutAgenda_ARTAB_06.17.2014Notice of Meeting for the
Arts and Culture Advisory Board
of the City of Georgetown
June 17, 2014 at 4:30 PM
at Small conference room, 2nd floor, Georgetown Public Library, 402 W. 8th Street
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require assistance in participating at a public meeting due to a disability, as defined under the ADA,
reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City
at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street
for additional information; TTY users route through Relay Texas at 711.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A Citizens who wish to address the Board. As of the deadline, no persons were signed up to speak on items
other than what was posted on the agenda
B Announcements of upcoming events.
C Consideration and approval of minutes of May 20, 2014 Arts and Culture Board meeting.
D Report regarding operation of the Georgetown Art Center during the past month-- Eric Lashley and Gary
Anderson
E Report regarding expenditure of funds from the Arts and Culture Board budget -- Judy Fabry
F Consideration and possible action to select a painting by Don Snell to purchase for the City of
Georgetown. Gary Anderson, Eric Lashley
G Consideration of purchasing a PA system for the Georgetown Art Center -- Eric Lashley
H Consideration of proposal to create Cultural District banners that would hang on the Square during
October 2014 -- Eric Lashley
I Consideration of and possible action to draft a new operating agreement for the operation of the
Georgetown Art Center for the next three years -- Eric Lashley
J Consideration of proposal by the Palace Theater to put a mural on the back of their building on Austin
Avenue or on the Tin Barn -- Eric Lashley
K Consideration of dates of coming meetings -- Eric Lashley
CERTIFICATE OF POSTING
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the ______ day of __________________, 2014, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
SUBJECT:
Citizens who wish to address the Board. As of the deadline, no persons were signed up to speak on
items other than what was posted on the agenda
ITEM SUMMARY:
FINANCIAL IMPACT:
This item has no financial impact.
SUBMITTED BY:
Judy Fabry
City of Georgetown, Texas
SUBJECT:
Announcements of upcoming events.
ITEM SUMMARY:
FINANCIAL IMPACT:
This agenda item has no financial impact.
SUBMITTED BY:
Judy Fabry
City of Georgetown, Texas
SUBJECT:
Consideration and approval of minutes of May 20, 2014 Arts and Culture Board meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
This agenda item has no financial impact.
SUBMITTED BY:
Judy Fabry
ATTACHMENTS:
Description Type
minutes of 5-20-14 meeting Backup Material
Minutes of the Meeting of the
Arts and Culture Board
City of Georgetown, Texas
May 20, 2014
The Arts and Culture Board met on Tuesday, May 20 at 4:30 p.m. in the small conference room
of the Georgetown Public Library, 402 W. 8th Street
MEMBERS PRESENT: Gary Anderson, Philip Baker, Shana Nichols, Betty Ann Sensabaugh,
Liz Stewart, Amanda Still, and Melissa Waggoner
Regular Session – began at 4:30 p.m.
A. Citizens who wish to address the Board. None were present.
B. Announcements of upcoming events – Liz Stewart announced the weeklong summer
session of Senior University, June 9-13. The opening lecture on Sunday, June 8, is
free and will be a talk by Southwestern University President Ed Burger. Eric Lashley
reminded board members of the unveiling of the Main Street mural at 5:30 on
Thursday, May 29, at the Art Center. He also reported that John Gordon of the
Williamson County Symphony Orchestra Society spoke at the May 13 City Council
meeting, thanking them for the support of the Arts and Culture Board. He also showed
a video of the grant-supported concert.
C. Consideration and approval of minutes of the April 15, 2014 Board meeting. Melissa
Waggoner moved to approve the minutes as distributed. Betty Ann Sensabaugh
seconded the motion, which passed unanimously.
D. Report regarding the operation of the Georgetown Art Center from April 15 through
May 19, 2014– Eric Lashley, Gary Anderson. Lashley reported door counts as
follows: 3/2/14 to 4/2/14 (2544), 4/3/14 to 4/25/14 (3435), 4/26/14 to 4/27/14 (Red
Poppy Festival 1770). He also reported that six of Benini’s pieces sold during the
exhibit and that one of the Snell paintings has sold. Baker inquired about how much
money had been taken in in donations during that time period, but neither Lashley nor
Anderson knew. Lashley and Anderson agreed that the Snell memorial reception had
been very successful and well attended.
The summer classes for children are being scheduled and taught by the Cordovan Art
Group, a business based in Austin. Georgetown Art Works will receive a portion of the
income from the classes. Future scheduled exhibits are: American Dream (call for
artists) -- June 5-July 20; Renee Wiley -- late July-August; Great Outdoors (call for
artists) – September; Art Hop (call for artists) – October. Lashley said he had learned
that Lynette Wallace is hoping to do Art in the Square the last weekend in September.
Anderson confirmed Wallace’s interest in continuing the show in Georgetown,
regardless of whether she makes any money because she believes Georgetown is on
the verge of becoming known as an “art town.”
Chair Baker said that he had heard that Benini had been so pleased with his recent
association with Georgetown that he is seeking 20,000 sq. ft. of space here so that he
can relocate his gallery. Lashley said he was considering the Old Jail, which is owned
by the County. Lashley has been trying to set up an appointment for Benini to discuss
the possibility with Valerie Covey, Williamson County Commissioner for Georgetown.
E. Report on the meeting of the chairs of the Arts and Culture Board, Convention and
Visitors Bureau Board, Main Street Advisory Board, and Library Advisory Board on
April 30, 2014 – Philip Baker, Eric Lashley. Baker reported that the meeting was
worthwhile and made possible a healthy sharing of information. There is a lot going
on in the downtown and the boards share many interests. They plan to meet more
regularly. Lashley said another meeting has already been scheduled at which the
group will discuss capitalizing on the Cultural District through scheduling and shared
advertising of downtown event. Lashley said an upcoming challenge will be attracting
visitors to the downtown after the convention center in the Rivery opens.
The group also discussed the proposed downtown Civic Center, which would include
the area around the library, the police station, the GCAT building and the old library.
The agreement with the County to lease the property at 8th and MLK to the City for a
parking lot has been approved by City Council and will be considered by the
Commissioners Court next week. Assuming that the agreement is approved, work
may begin on the parking lot in December 2014. The first phase of Civic Center
development would be creating outdoor assembly spaces, including an amphitheater
between the library and the police station, creation of a pocket park where the blue
building now stands at the corner of 9th and MLK, and possibly closing MLK between
7th and 9th Streets to create a park.
F. Report regarding the expenditure of funds from the Arts and Culture Board budget –
Judy Fabry. Fabry reported that she had not requested any payments during the
month. She had asked Georgetown Art Works for an invoice for the $1500 approved
to support the Snell reception, but none had been received. She said she would be
requesting the check for the grant to the Palace Theater early in June.
The board discussed upcoming expenses, which are
Prize money for the TSOS summer show $1800
Construction of concrete pads at the airport $ 800
Newspaper ads for the Benini exhibit $ 650
Cultural District ads (as mentioned above) ??
Possible purchase of a PA system for the Art Center?
Lashley said he would investigate the cost of a PA system.
G. Consideration of and possible action to create guidelines for organizations that are
seeking financial assistance from the Arts and Culture Board outside of the normal
grant process – Melissa Waggoner, Judy Fabry. Waggoner asked to table this idea
until later this year when the new budget is discussed. There was consensus,
however, that establishing simple guidelines, especially for requests from
Georgetown Art Works, is a good idea.
H. Consideration of possible action regarding purchasing a Don Snell painting – Gary
Anderson, Judy Fabry. Anderson explained his rationale for purchasing a painting,
primarily that Snell is a local artist of considerable stature and his work should be
preserved in Georgetown. He also believes strongly that artists (or their estates) are
worthy of the community’s financial support. He recommended three paintings from
the present exhibit that he asked the board to consider: Kafka’s Castle (a very early
work); Flower Girl (a colorful work that is a departure from most of his work); and
Red Striped Tie (a late work). General discussion followed about whether
purchasing a painting from an exhibit would set a precedent that other artists would
expect and whether the board had enough money to make a purchase. Also, some
consideration was given to where the painting might hang. Amanda Still moved to
purchase one of Snell’s works that are currently on display. Liz Stewart seconded
the motion, which passed unanimously. The board members agreed to visit the
exhibit to look at the paintings Anderson recommended. They will make a decision
about which to purchase at the June meeting.
I. Consideration and possible action regarding a new contract with Georgetown Art
Works for management of the Georgetown Art Center for the next three years – Eric
Lashley. Lashley reviewed the history of the current operating agreement, which
was for a trial period of one year. Now that the year is nearly past, Georgetown Art
Works would like to have a new contract for three years, a plan with which the City
concurs. On August 12 Lashley will do an afternoon workshop with City Council and
then will present the contract for approval at the regular Council meeting that
evening. Before August 12, the Arts and Culture Board should have been involved
in writing the contract and have recommended acceptance to the Council members.
Lashley talked about the two prevailing notions of what makes an art center
successful. One is that it is a place that displays and supports a high level of artistic
endeavor through shows and classes, and high door counts are not the primary sign
of success. The other is that the most important thing is assuring that many people
pass through the doors, regardless of the quality of art that is displayed or the
visitors’ interest in art, that is, increasing foot traffic downtown is the primary
purpose of the art center. The new contract that is drawn up probably will have to
reconcile these two attitudes. With that in mind, he asked what changes the board
members would suggest.
Gary Anderson said that he would like to see downtown art nights be separate
events from First Fridays. He does not believe that First Friday participants are
necessarily art lovers and it doesn’t benefit the Art Center to be open on First
Fridays. Still reminded the board of the financial difficulties a separate art night
would present to gallery owners who are expected to be open on First Fridays.
Baker suggested that Georgetown Art Works is doing a good job; let them tell the
Board what they want to do. Shana Nichols agreed that GAW is doing a good job,
but she says they need to be challenged and suggested that they need to have
events away from the Art Center to promote it to people in the community who still
don’t know it exists. Lashley said he believes that the contract should still dictate a
minimum number of art shows per year because it is the constant change in the
gallery that will drive foot traffic. Waggoner suggested that there be a milestone for
each of the three years and Still took that idea further, saying that GAW should
report annually on their progress toward those milestones. Lashley talked about
aspects of the Arts and Culture Board’s long range plan that could mesh with the
goals of GAW, such as the Artist in Residency program. Lashley will begin drafting
the contract within the next month.
All board members are able to meet on the regular June 17 meeting date.
Chair Baker adjourned the meeting at 5:45.
Respectfully submitted,
Liz Stewart, Secretary Philip Baker, Chair
City of Georgetown, Texas
SUBJECT:
Report regarding operation of the Georgetown Art Center during the past month-- Eric Lashley
and Gary Anderson
ITEM SUMMARY:
Review of available statistics, report on current and past exhibits, and any issues concerning the
Arts and Culture Board.
FINANCIAL IMPACT:
This agenda item has no financial impact.
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Report regarding expenditure of funds from the Arts and Culture Board budget -- Judy Fabry
ITEM SUMMARY:
Since the May board meeting, checks were requested for the following:
$1800 to Texas Society of Sculptors for prize money for the summer show at the library;
$2500 to the Palace Theater for the grant for their Inclusion Performance;
$2125 to Georgetown Art Works, $1500 of which was for the Snell reception and $625 was
for the ad in the Community Impact newspaper advertising the Benini exhibit;
$550 to IntroVisualsTX for the Google Maps 360-degree virtual tour of the Art Center and
all of the photos comprising the virtual tour. The link to the virtual tour is
http://goo.gl/maps/yBBMK
FINANCIAL IMPACT:
The Board may authorize new expenditures from their budget.
SUBMITTED BY:
ATTACHMENTS:
Description Type
budget breakdown Backup Material
expenses summary Backup Material
Art Center Marketing/Events/Public Art/Scholarships/Training &
Balance Promotion Balance Receptions Balance Sculpture Tour Balance Grants Balance Admin Balance
Starting $10,000.00 Starting $10,000.00 Starting $2,000.00 Starting $10,000.00 Starting $17,000.00 Starting $1,000.00
2,500.00$ $7,500.00 888.05$ $9,111.95 432.94$ $1,567.06 300.00$ $9,700.00 $2,000.00 $15,000.00 50.00$ $950.00
1,000.00$ $6,500.00 132.10$ $8,979.85 $150.00 $1,417.06 300.00$ $9,400.00 $3,000.00 $12,000.00
250.00$ $6,250.00 $696.62 $720.44 300.00$ $9,100.00 $500.00 $11,500.00
$175.00 $6,075.00 600.00$ $8,500.00 $1,500.00 $10,000.00
206.75$ $5,868.25 300.00$ $8,200.00 $3,000.00 $7,000.00
$2,125.00 $3,743.25 3,822.00$ $4,378.00 $2,500.00 $4,500.00
$550.00 $3,193.25 300.00$ $4,078.00 trf $2500 to Pub Art $2,000.00
300.00$ $3,778.00
58.75$ $3,719.25
15.00$ $3,704.25
add $2500 < S&G $6,204.25
$2,500.00 $3,704.25
1,800.00$ $1,904.25
Date Item Amount Balance
10/10/2013 Sponsorship of Chadwick & Spector 50,000
exhibit @ Art Center 2,500 47,500
& reimbursement for printing of Benini
materials PO 3400163 1,000 46,500
10/14/2013 Printing invitations for ribbon-cutting 432.94 46,067
10/17/2013 Sun McColgin honorarium 300.00 45,767
Pokey Park honorarium 300.00 45,467 Art Center expense ($10,000 budgeted)
Micheal Epps honorarium 300.00 45,167 Marketing/promo ($10,000 budgeted)
Terry M. Jones honorarium (2 pieces)600.00 44,567 Events/receptions ($2,000 budgeted)
10/21/2013 Nick Ramos 10/18/13 ribbon-cutting invite 150.00 44,417 Public art/Sculp Tour ($10,000 budgeted)
10/26/2013 JF MC charges for ribbon-cutting recep.696.62 43,720 Scholarships & Grants ($17,000 budgeted)
11/13/2013 Micheal Epps honorarium 300.00 43,420 Training & Administration ($1,000 budgeted)
12/2/2013 Purchase of Queen of Scotland 3822.00 39,598
12/9/2013 Matt Graves, Art Center video 250.00 39,348
1/13/2014 D&L Printing, sculpture tour brochures 888.05 38,460
1/23/2014 Georgetown Art Works, gift for J. Estes 50.00 38,410
1/22/2014 Faith Schnexnayder honorarium 300.00 38,110
1/22/2014 Dar Richardson honorarium 300.00 37,810
1/28/2014 D&L Printing, Art Galleries rack cards 132.10 37,678
1/27/2014 grant to Wmson Co Symph Orch 2000.00 35,678
1/27/2014 grant to Georgetown Symp Society 3000.00 32,678
2/4/2014 grant to EVHS Percussion Program 500.00 32,178
2/4/2014 GTX plaques for (2) library sculptures 58.75 32,120
2/17/2014 grant to Community Montessori 1500.00 30,620
2/24/2014 GTX plaques (repl Pokey Park/Shaman)15.00 30,605
2/25/2014 Affordable Signs (signage on 3 doors)175.00 30,430
3/3/2014 grant to Georgetown Festival of the Arts 3000.00 27,430
3/10/2014 Affordable Signs (addtl signage)31.75 27,398
4/16/2014 Williamson Museum (sculpture)2,500.00$ 24,898
6/2/2014 Texas Society of Sculptors (prize money)1,800.00$ 23,098
6/2/2014 grant to Palace Theater 2,500.00$ 20,598
6/3/2014 Georgetown Art Center, Snell & Benini 2,125.00$ 18,473
6/10/2014 IntroVisuals TX (Google map virtual tour)550.00$ 17,923
Arts & Culture Board Expenses FY 2013-14
City of Georgetown, Texas
SUBJECT:
Consideration and possible action to select a painting by Don Snell to purchase for the City of
Georgetown. Gary Anderson, Eric Lashley
ITEM SUMMARY:
At the May meeting the Board discussed the possibility of purchasing one of the paintings by Don
Snell that were on display at the Art Center. The members agreed to visit the gallery before the
next meeting and to consider three paintings: Kafka's Castle ($2200), Flower Girl ($1050), and
Red Striped Tie ($2700). All are within the remaining budget that the Board has designated for
public art.
FINANCIAL IMPACT:
Choice of one of the paintings would involve spending up to $2700 from the Board's regular
budget.
SUBMITTED BY:
Judy Fabry
City of Georgetown, Texas
SUBJECT:
Consideration of purchasing a PA system for the Georgetown Art Center -- Eric Lashley
ITEM SUMMARY:
The Art Center does not have a PA system. It has been clear at some of the artist receptions that
one is needed. It is very difficult for speakers to project enough to allow people who are in the
studio to hear what is being said. A wireless system would be desirable.
The owner of Ken'z Guitars suggested the system made by Samson (see attachment) that may be
operated either by A/C or by batteries. Further consultation with the vendor revealed that
purchasing a second system would allow broadcasting from two speakers. Only one mike may be
used at a time, however.
FINANCIAL IMPACT:
The Board may choose to spend some of their regular budget for this purchase.
SUBMITTED BY:
Judy Fabry
ATTACHMENTS:
Description Type
product sheet for Samson portable PA system Cover Memo
City of Georgetown, Texas
SUBJECT:
Consideration of proposal to create Cultural District banners that would hang on the Square during
October 2014 -- Eric Lashley
ITEM SUMMARY:
Administrators in the Downtown and Community Services division want to begin advertising the
Cultural District. Laurie Brewer has suggested that creating banners that highlight the assets in the
cultural district and hanging them during October 2014 (the Month of the Arts) would be a good
way to kick off this advertising campaign.
FINANCIAL IMPACT:
The Arts and Culture Board could help to pay for these banners from its 2013-14 budget.
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Consideration of and possible action to draft a new operating agreement for the operation of the
Georgetown Art Center for the next three years -- Eric Lashley
ITEM SUMMARY:
The current operating agreement with Georgetown Art Works (GAW) expires in July 2014. The
GAW board has indicated they would like to have a three year agreement. The primary issues to
be discussed are utility payments (p. 2 of draft), operating hours (Exhibit B p. 1) and alcohol
policy (Exhibit B p. 2).
FINANCIAL IMPACT:
Although the new operating agreement will have a financial impact, this discussion has no direct
financial impact.
SUBMITTED BY:
Judy Fabry
ATTACHMENTS:
Description Type
draft revised agreement Backup Material
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
OPERATING AGREEMENT
THIS OPERATING AGREEMENT is made the day of __________________,
_______, by and between the CITY OF GEORGETOWN, a Texas home-rule municipal
corporation (“City”) and GEORGETOWN ART WORKS, a non-profit corporation
(“Operator”). For and in consideration of the mutual covenants and agreements herein
contained, it is mutually agreed as follows:
1. Space Provided. City hereby agrees to provide space to Operator in the Old Fire
Station #1 located at 816 S. Main Street, Georgetown, Williamson County, Texas, as
shown in Exhibit “A” (the “Space Provided”), attached to this Agreement and
incorporated by reference.
2. Operating Term. The initial term of this Operating Agreement shall be for one
three years, beginning on August 1, 2013------------------- and ending on July 31, 2014 -
------------------- (the “Initial Term”). Upon expiration of the Initial Term, the
Operating Agreement may be renewed, if the parties agree, for up to four (4)
additional one (1) year terms with payment of utility costs being negotiated. Either
party has the right to terminate this Operating Agreement prior to the end of an
Operating Term, provided written notice is given at least ninety (90) days prior to
the termination.
3. Use of Property. During the Initial Term the Operator will utilize the Space
Provided to operate an pilot art center to benefit the City of Georgetown area
according to the requirements shown in Exhibit “B” (the “Operating
Requirements”), attached to this Agreement and incorporated by reference. No
other use of the Space Provided shall be permitted by the Operator without
expressed written permission of the City. The City shall maintain approval over the
use of the Space Provided at all times. Operator’s use of the Space Provided is
nonexclusive.
4. Prohibited Use. Operator may not use or permit any part of the Space Provided to
be used for:
(a) any activity that is a nuisance or is offensive, noisy, or dangerous; or
(b) any activity that violates any applicable law, regulation, ordinance,
governmental order, or this Operating Agreement.
5. Revenue. All revenue from the operation of the gift shop in the Art Center and art
classes offered by the Operator, and further described in Exhibit B, shall be retained
by the Operator and shall be used only to pay for the operating costs and expenses
of the Art Center.
6. Non-Discrimination. Operator will operate the pilot art center without
discriminating against any person or class of persons and will seek participation by
all interested members of the public.
7. Oversight. The Georgetown Arts and Culture Board shall provide oversight to the
pilot art center. Each month Operator will provide a report that includes income,
expenses, number of visitors, number of students enrolled in classes, name of artist
who was featured in the gallery, date of artist reception and number of people who
attended.
8. Utilities. City shall be liable to pay the electric and water costs incurred in the
operation of the pilot art center during the Initial Term. Payment of utility costs will
be negotiated for subsequent Operating Terms. (For discussion of Arts and Culture
Board and GAW)******
9. Meeting Space. City shall provide meeting space for scheduled public meetings of
Operator at no cost.
10. Improvements. If Operator desires to make any improvements to the Space
Provided, Operator must request and receive the City’s written approval prior to
construction or implementation of any proposed improvements. Operator shall be
liable to pay all costs of any improvement. The City assumes no financial
responsibility or obligation for payment of the cost of any improvements. Any
improvements to the Space Provided made by Operator shall remain and become
property of the City at the end of an Operating Term.
11. Insurance. Operator will provide insurance written by companies licensed to
conduct business in the State of Texas. Operator shall keep in full force and effect
during a Operating Term of this Operating Agreement insurance in the amounts
and types included on the sample Insurance Certificate attached as Exhibit “C” and
incorporated by reference. The insurance policies will name the City, its officers,
officials, employees and volunteers as additional insureds. All insurance policies
shall be subject to the examination and approval of City for sufficiency as to form,
content, form of protection, coverage and insurance company. Operator shall
furnish a Certificate of Insurance to City evidencing compliance with the required
insurance requirements at the time Operator delivers the executed Operating
Agreement to City. Operator agrees to provide a copy of any insurance policy on
the City’s request. All insurance policies shall provide that the insurance coverage
shall not be canceled or materially changed without a minimum of thirty (30) days’
advance notice in writing to the City. Operator’s failure to timely comply with the
insurance requirements shall be cause for termination of the Operating Agreement.
12. Indemnity. City, its officers, officials, employees and volunteers, shall not be liable
to Operator, its directors, officers, officials, employees, members, customers,
volunteers, agents or representatives, for any damage caused by negligence of
Operator, its directors, officers, officials, employees, members, customers,
volunteers, agents or representatives. Operator assumes all liability and
responsibility for loss, damages, claims, injuries, lawsuits, judgments or causes of
action of any type. Operator releases, fully indemnifies, holds harmless and agrees
to defend City, its officers, officials, employees and volunteers, from any and all
liability, loss damages, claims, injuries, lawsuits, judgments or causes of action of
any type.
13. Default. Operator’s violation of any provision of this Operating Agreement shall
constitute a default. Operator shall have thirty (30) days from the receipt of a notice
of default to cure the default. If the Operator fails to cure the default the City may
immediately terminate this Operating Agreement.
14. Notices. Notices or other correspondence concerning this Operating Agreement
shall be in writing and are effective when mailed, hand-delivered, or transmitted by
facsimile or electronic transmission as follows:
To City: To Operator:
City Manager Georgetown Art Works
113 E. 8th Street ______________________________
Georgetown, Texas 78626 ______________________________
T: 512.930.3723 T: ____________________________
F: 512.930.3622 F: ____________________________
Email: paul.brandenburg@georgetown.org E-mail: ________________________
15. Access by City. City may enter the Space Provided at any time for any purpose.
16. Condition of Property. Operator has inspected the Space Provided and accepts the
Space Provided in its present condition “AS IS” unless expressly provided otherwise
in this Operating Agreement. City has made no express or implied warranties as to
the condition or permitted use of the Space Provided. At the time this Operating
Agreement ends, Operator will surrender the Premises in the same condition as
when received, normal wear and tear excepted. Operator will not cause damage to
the Space Provided and will not cause or allow hazardous materials or
environmental contaminants on the Space Provided. If Operator leaves any
personal property in the Space Provided after expiration of an Operating Term, City
may, at its sole option: (1) require Operator, at Operator's expense, to remove the
personal property within ten (10) after written notice to Operator; or (2) retain such
personal property as forfeited property.
17. Records. Operator shall provide a complete copy of its Articles of Incorporation,
Bylaws and/or other governing documents with the executed Operating Agreement.
Operator shall provide an annual independent audit, including a complete
accounting of all funds received and all funds disbursed, no later than the first day
of October during any Operating Term. City shall be entitled to inspect and copy
Operator’s records concerning or related to the pilot art center upon request with
reasonable notice.
18. Entire Agreement. This Operating Agreement constitutes the sole and only
agreement of the parties, and supersedes any prior understandings or written or
oral agreements between the Parties, concerning the subject matter of this Operating
Agreement. There are no verbal or written representations, understandings,
stipulations, agreements or promises pertaining to this Operating Agreement that
are not incorporated in this Operating Agreement. If a provision of this Operating
Agreement shall be held to be invalid, illegal or unenforceable, such invalidity,
illegality or unenforceability shall not affect any other provision of this Operating
Agreement and this Operating Agreement shall be construed and interpreted as if
such invalid, illegal or unenforceable provisions had not been included. All exhibits
referenced in this Operating Agreement are attached and incorporated by reference
for all purposes.
19. Applicable Law. This Operating Agreement shall be construed and interpreted in
accordance with Texas law. The parties agree that this Operating Agreement is
performable in Williamson County, Texas.
20. Amendment. This Operating Agreement may not be modified or amended except
in writing signed by the City and Operator.
21. Non-Assignment. Operator shall not assign or transfer any right or interest in the
Operating Agreement, in whole or in part, without prior written approval of the
City. Operator shall not sublease or rent out any part of the premises without prior
written consent of the City. This Operating Agreement shall bind the parties, and
their respective legal representative, successors, and permitted assigns.
22. No Third-Party Beneficiaries. This Operating Agreement shall not be construed as
affording any rights or benefits to anyone other than City and Operator.
EXECUTED this day of _______________, 2013.
Georgetown Art Works
By: _________________________________
Name: _______________________________
Title: ________________________________
STATE OF TEXAS §
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _____ day of
__________, 20134, by _____________________________, a person known to me in his
capacity as _______________________________________ of the
_________________________________________.
_______________________________________
Notary Public – State of Texas
City of Georgetown, Texas
By: _____________________________
George Garver Dale Ross, Mayor
ATTEST:
________________________________
Jessica Brettle, City Secretary
APPROVED AS TO FORM:
________________________________
Bridget Chapman, Acting City Attorney
STATE OF TEXAS §
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _____ day of
__________, 20134, by George G. GarverDale Ross, a person known to me in his capacity
as Mayor of the City of Georgetown, Texas.
_______________________________________
Notary Public – State of Texas
EXHIBIT “A”
Plan provided courtesy Gary Wang/Wang Architects
EXHIBIT “B”
OPERATING REQUIREMENTS
During the Operating Term of the Operating Agreement, Operator shall be responsible for:
A. Providing space for an exhibition gallery, instructional space, meeting facilities, and
a gift shop. Secondary functions may include but are not limited to: oversight of
outdoor sculpture installations, art installations in a pocket park, instructional
programs for pre-schoolers, summer camps and after school art programs;
coordination of advertising space for the local arts community such as local
galleries, the Palace Theatre, the Georgetown Symphony Society, Southwestern
University, and the Georgetown ISD; and other arts and culture related activities
such as small musical performances, when space is available.
B. Hours of operation shall be Tuesday through Saturday, 10 a.m. to 6 p.m. and
Sunday 1 p.m. to 5 p.m. (44 hours per week). ****** Board should discuss additional
hours. The art center shall be open an additional two hours on th e first Friday of
each month and two additional hours for a monthly artist reception for a total of 180
hours per month. Volunteers will work two-hour shifts with a minimum of four
volunteers needed each day the art center is open.
C. The gallery of the art center shall have between six and ten major shows per year. A
reception for the featured artist(s) shall be held with each exhibit.month.
D. Operator shall have a gift shop in the art center and revenue from the shop shall be
used to pay operating costs of the art center.
E. Operator shall provide art classes for children and adults. Revenue from class
registrations shall be used to pay operating costs of the art center.
F. Operator shall provide all equipment to operate an art center, which may include:
a. Cash register
b. Moveable walls for art display
c. Flat screen television
d. DVD player
e. Desktop photocopier
f. Stereo
g. Coffee pot
h. Folding chairs and tables
i. Information board
j. Office supplies
k. Art supplies
l. Easels
m. Safe
n. Storage cabinet
o. Office furniture
p. Gift shop display cases
q. Postage
r. People counter for main entrance
r.s. Public Address system
G. Operator will provide all regular housekeeping of the premises, including
restrooms, gift shop, instructional space, and gallery space. , and the outdoor areas
adjacent to the premises.
H. Operator shall include a member from the Arts and Culture Board or the library
administration as a non-voting attendee at all meetings of the Operating Board.
H.I. Alcohol Policy – Need text concerning use of alcohol in Art Center. In the
future any event at the art center in which alcohol is sold will require written
permission from the City. Events, such as receptions, in which alcohol is provided
by not sold will require GAW to use a bonded caterer that employees employees
that are trained through the TABC licensing process.
Formatted: List Paragraph, Left, No bullets or
numbering
EXHIBIT “C”
INSURANCE REQUIREMENTS
Minimum insurance limits for Operator to provide throughout the operating term of
this Operating Agreement, at Operator’s expense are as follows:
Minimum liability for damage claims through public use or arising out of
accidents or injuries occurring in or around the described premises,
- $100,000.00 per person each occurrence,
-
- $300,000.00 accident each occurrence,
-
- $100,000.00 property damage each occurrence.
The Operator also shall obtain insurance to cover the Operator’s property
including equipment located in the Space Provided.
City of Georgetown, Texas
SUBJECT:
Consideration of proposal by the Palace Theater to put a mural on the back of their building on
Austin Avenue or on the Tin Barn -- Eric Lashley
ITEM SUMMARY:
Marissa Austin, director of the Palace Theater, discussed with Eric Lashley and Matt Synatschk
the possibility of doing a mural on the Tin Barn Alley side of the theater or on the Tin Barn, in the
coming fiscal year.
FINANCIAL IMPACT:
This item has no financial impact
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Consideration of dates of coming meetings -- Eric Lashley
ITEM SUMMARY:
Consideration of whether the dates of future meetings are agreeable to the Board.
FINANCIAL IMPACT:
This agenda item has no financial impact.
SUBMITTED BY:
Judy Fabry