ORD 2024-28 Establishing Council for Arts and Culture TOWN OF TROPHY CLUB,TEXAS
ORDINANCE NO. 2024-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 1 "GENERAL PROVISIONS"; ARTICLE 1.04
"BOARDS, COMMISSIONS AND COMMITTEES (RESERVED)"; OF THE
CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB,TEXAS,BY
ADDING A NEW DIVISION 1 "TROPHY CLUB COUNCIL FOR ARTS
AND CULTURE"; ESTABLISHING THE COUNCIL; PROVIDING FOR
THE APPOINTMENT OF MEMBERS; PROVIDING FOR THE TERMS;
PROVIDING FOR THE DUTIES; PROVIDING THIS ORDINANCE IS
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Town of Trophy Club (the"Town") is a home rule municipality acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Mayor and Town Council recognize the important role of art in the
cultural enrichment of Town residents, the aesthetic quality of the Town's physical environment,
and in the Town's community character and civic identity; and
WHEREAS, public art enhances publicly owned places and contributes a sense of
ownership and community pride in public facilities and spaces for Town residents; and
WHEREAS,the encouragement,promotion,improvement,and application of the arts also
promotes tourism, economic development, and the convention and hotel industry in the Town,
region, and the State of Texas; and
WHEREAS, the establishment of the "Trophy Club Council for Arts and Culture" will
further the Town's goal of cultivating vibrant spaces to foster a thriving community, and will be
beneficial to the Town and promote the general health,safety,and welfare of the Town's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB,TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
ORDINANCE NO.2024-28 PAGE 2
SECTION 2.
AMENDMENTS
That Chapter 1 "General Provisions", Article 1.04 `Boards, Commissions and Committees
(Reserved)", of the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by
adding a new Division 1 "Trophy Club Council for Arts and Culture",which shall read as follows:
"Sections 1.04.001 — 1.04.009 Reserved.
DIVISION 1. TROPHY CLUB COUNCIL FOR ARTS AND CULTURE
Section 1.04.10 Trophy Club Council for Arts and Culture Established.
There is hereby created the "Trophy Club Council for Arts and Culture", which may also be
referred to generally as the"Arts Council"and which shall consist of up to seven(7)members
to be appointed by the Town Council. Members shall be qualified voters in the Town and shall
have resided in the Town for at least six(6)months prior to their date of appointment.Members
shall serve without compensation and shall be subject to removal,with or without cause,at any
time by the Town Council.
Section 1.04.11 Terms.
The current members of the Arts and Culture Ad Hoc Committee shall temporarily serve as
the initial members of the Arts Council until such time as the Town Council appoints members
of the Arts Council. The term of office for members of the Arts Council shall be two(2)years.
The term of office for places 1, 3, 5, and 7 shall end on September 30 of odd number years.
The term of office for places 2, 4, and 6 shall end on September 30 on even numbered years.
Section 1.04.12 Procedures of the Board.
(a) Chair,vice-chair,and secretary. The Arts Council shall annually elect a chair,a vice-chair,
and a secretary. The chair shall preside over all meetings of the Arts Council. The vice-chair
shall perform the duties of the chair in the chair's absence.
(b) Quorum. A majority of members of the Arts Council shall constitute a quorum for the
transaction of business. The affirmative vote of a majority of those members attending any
meeting at which there is a quorum present shall be necessary to pass any motion or
recommendation.
(c) Meetings.The Arts Council shall meet at least quarterly to review this ordinance and fulfill
the duties and responsibilities of the Arts Council. Special meetings may be called as needed
by the chair,or any two (2)members of the Arts Council, or the Town Manager. All meetings
shall be conducted in accordance with the Texas Open Meetings Act.
ORDINANCE NO. 2024-28 PAGE 3
Section 1.04.13 Purpose and Duties of Council.
(a) Purpose. The purpose of the Arts Council is to promote,present,and support high-quality,
accessible art and cultural activities that benefit the public.
(b) Advisory body. The Arts Council is an advisory body to the Town Council and Town
Manager. In its advisory function, the Arts Council promotes and facilitates art and cultural
activities as essential components of community enrichment and to increase exposure to high
quality art.
(c) Subcommittees.The Arts Council may establish subcommittees consisting of Arts Council
membership as needed to facilitate specific projects or initiatives. From time to time,the chair
may select ad hoc content experts, with approval from the Arts Council, to offer specialized
knowledge essential for making effective recommendations to the Town Council. All
subcommittees of the Arts Council shall terminate upon the completion of the purpose for
which the subcommittee was established and must be renewed annually in October following
the appointment of the chair,vice-chair, and secretary.
Section 1.04.14 Arts Council Operating Procedures
(a) Rules of Procedure. The Arts Council shall establish its own operating procedures subject
to approval by the Town Council.
Section 1.04.15 Public Art Project Requirements and Evaluation Criteria.
(a) Public art project requirements. Public art projects supported by the Arts Council shall
achieve one or more of the following objectives.
(1) Support artists who live or work in the Town.
(2) Enhance the reputation of the Town by publicizing public art projects.
(3) Foster dialogue between the artist and the neighborhood/area where a project is
proposed.
(4) Increase the numbers of visitors and tourism to the Town,to promote increased
hotel, restaurant, and other commercial economic development.
(5) Connect project areas among neighborhoods to create a Town network of public
art.
(6) Leave minimal or no impact on the Town's wildlife, habitat, or natural
landscape.
(7) Use environmentally benign materials.
ORDINANCE NO. 2024-28 PAGE 4
(b) Evaluation criteria for public art projects. Public art projects supported by the Arts Council
shall be evaluated according to the following criteria.
(1) Demonstrated ability to leverage financial support to the maximum extent
possible, whether obtained through grant awards, partnerships, cooperative
agreements, or in-kind donations.
(2) Designed, constructed, and maintained at a reasonable cost in a reasonable
amount of time,with minimal land and other acquisition needs.
(3) Exhibited minimal physical constraints such as topography or negative
environmental consequences.
(4) Exhibited minimal legal and ownership constraints or unwanted interruption of
existing property uses.
(5) Recognized and allowed for timely response to rare or unique opportunities.
(6) Demonstrated cooperative effort of multiple Town departments.
(7) Focused on cultural or artistic projects,and not primarily religious,political,or
aimed at third-party fund-raising.
(8) Demonstrated ability to resonate with the general public and not any one
organization or viewpoint.
(9) Funds shall not be recommended by the Arts Council to pay tuition,cash prizes,
to meet curriculum requirements, to solely underwrite capital expenditures
(such as buildings, land, or permanent equipment), for fees (lobbying,
attorneys, etc.), for any other private purpose or gift in violation of the Texas
Constitution, or for activities that occurred prior to approval of the Town
Council.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all provisions of ordinances of the Town, except
where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances
and such code, in which event the conflicting provisions of such ordinances and such code are
hereby repealed.
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the sections,paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph,
ORDINANCE NO.2024-28 PAGE 5
sentence,clause,or phrase of this Ordinance shall be declared unconstitutional by a valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining sections,paragraphs,sentences,clauses,or phrases of this Ordinance;since the same
would have been enacted by the Town Council without the incorporation in this Ordinance of any
such unconstitutional section,paragraph, sentence, clause, or phrase.
SECTION 5.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations of the
ordinances of the Town that have accrued at the time of the effective date of this Ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be
prosecuted until final disposition by the courts.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective upon approval and publication as provided by law,
and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 28th day of October 202,
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ATTEST:
Tammy Dixon, To Secretary
APPROVED AS TO FORM:
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