HomeMy WebLinkAboutRes 2021-35 RESOLUTION 2021-35
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECOMMISSIONING AND REMOVING FROM
PUBLIC DISPLAY CERTAIN TOWN-OWNED ARTWORK
RECITALS:
WHEREAS, the Town of Fountain Hills (the "Town") owns and maintains a public art collection,
with individual works of art located throughout the Town; and
WHEREAS, the Town has adopted the Town of Fountain Hills Public Art Master Plan, as
amended, to serve as a guide for the acquisition, maintenance, and disposition of works of art by
the Town; and
WHEREAS, pursuant to the Public Art Master Plan, Section X — Decommissioning Policy (the
"Decommissioning Policy"), a work of art may be considered for removal from public display
and/or decommissioning under certain conditions, including when "the condition of the work
requires restoration in gross excess of its aesthetic value or is in such a deteriorated state that
restoration would prove either unfeasible, impractical or misleading; and
WHEREAS, those certain works of art that are part of the Town's public art collection titled
"Bloomin' Prickly Pear"; "Music at Fountain Park"; and "E Pluribus Unum" (collectively, the
"Artwork") are located in the Town's Community Center; and
WHEREAS, as required by the Decommissioning Policy, the Fountain Hills Public Art Committee
of the Fountain Hills Cultural and Civic Association at its October 4, 2021 meeting approved the
decommissioning and removal of the Artwork due to fading and damage that would not warrant
the cost of repair; and
WHEREAS, the terms of the Decommissioning Policy have been satisfied in all material respects
or to the extent reasonably possible as pertaining to the decommissioning of the Artwork; and
WHEREAS, in consideration of the above recitals, the Mayor and Town Council of the Town of
Fountain Hills (the "Town Council") has determined it is necessary and in the best interest of the
Town to decommission the Artwork and to remove the Artwork from public display.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The recitals above are incorporated as if fully set forth herein.
SECTION 2. The Artwork is decommissioned and shall be removed from public display, whether
through sale, exchange, or any other means of disposal as may be reasonably necessary, as
determined by Town staff.
RESOLUTION 2021-35 PAGE 2
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,
November 16, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
ti thfrl
Gin Dicl y, Mayor r Eli abet lein, Town Cler
REVIEWED BY: APPROVED AS TO FORM:
Grady E. ill , Town Manager Aaron D. Ar , Pierce Coleman PLLC
Town Attorney