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File #: 13-780   
Type: Real Property Lease
In control: City Council A Session
On agenda: 12/5/2013
Posting Language: An Ordinance authorizing an art installation agreement with the Briscoe Western Art Museum to place a sculpture on the River Walk. [Ed Belmares, Assistant City Manager; Jim Mery, Interim Director, Downtown Operations]
Attachments: 1. Public Art Installation Agreement, signed by Briscoe only, 2. Draft Ordinance, 3. Ordinance 2013-12-05-0849
DEPARTMENT: Downtown Operations


DEPARTMENT HEAD: Jim Mery


COUNCIL DISTRICTS IMPACTED: 1


SUBJECT:

River Walk Art Installation Agreement



SUMMARY:

This ordinance authorizes the Briscoe Western Art Museum to place a sculpture on the River Walk for 10 years and be responsible for all costs associated with installation, removal, and maintenance.



BACKGROUND INFORMATION:

On May 19, 2005, City Council approved Ordinance 100921, which authorized the lease of the old Main Library Building, aka the Hertzberg Circus Museum at 106 W. Market Street, to the National Western Art Foundation dba Briscoe Western Art Museum. Following several years of fundraising, a new structure was built connected to the east side of the former library and significant renovation to the former library was completed. In October 2013, the Briscoe Western Art Museum opened to the public.

In 2012, the Briscoe Western Art Museum proposed installing a bronze sculpture in a River Walk flower bed south of their premises. As proposed, Three Longhorns and Vaquero by artist T.D. Kelsey will have a foundation attached to three inch diameter steel piles to provide adequate capacity and minimize the impact to the roots of the nearby cypress tree. A certified arborist conducted an inspection of the proposed location to assure the sculpture installation can occur without damage to the adjacent cypress tree; Certified Arborist Jordy Hagen, owner of Tree Wise Men Tree Service, wrote in his report that the proposed three inch diameter pipe would pose no threat to the health of the tree in the correct locations and would not be an invasive process. The City is requiring the Briscoe's insurance to cover any claims associated with the sculpture and its installation, including damage to the cypress tree.

Per the terms of the agreement, the Briscoe shall be responsible for all costs associated with the sculpture installation and removal, which shall include restoration...

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