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Thank you for your interest in the Odessa Arts Mural Grant Program. Your investment in public art is a vital part of our City’s goals to enhance the City’s appearance, increase employment opportunities in the arts, raise awareness and appreciation of the value of art, create civic pride, reduce blight, and encourage tourism. Mural Grants are matching grants, and recipients may receive reimbursement for up to one-half of what they spend, with the maximum possible reimbursement varying from fiscal year to fiscal year. For FY20-21, Odessa Arts will seek to allocate a total of $15,000 among five City Council districts and the Downtown footprint and the maximum possible reimbursement will be $2,500 in each geographic area. For example, an Applicant that invests $5,000 on a mural may receive reimbursement of up to $2,500. Subject to funding and available approved projects, multiple grants may be made per designated area. Unused funds in any area may later be reallocated to applicants from other geographic areas in this fiscal year. As reimbursement grants, Mural Grants are paid after the work is completed. For purposes of this Program, a “Mural” is a piece of art made of paint, tile, or other material applied directly to the exterior surface of a wall that is visible from a public place. Murals do not contain any protrusions greater than 1⁄4 inch, and Murals are a minimum size of 10 feet by 7 feet. Murals are located on income-producing properties, as further described in the Program Rules. Artwork should not specifically advertise the business where it is located, as that falls under the sign ordinance and would not be designated as a mural. For purposes of this Program, the term “Applicant” means, collectively, the property owner of the proposed Mural site. If there are multiple property owners, then all property owners must sign the Application. Any tenants interested in a Mural Grant should encourage their landlords to apply. Applicants must maintain Murals for ten years from the date of completion of the Mural. After the ten years, the applicant has no obligation to maintain the Mural. To be considered for a Mural Grant, Applicants must complete the application forms and be approved by the Public Arts Advisory Board before work begins on the mural. Mural Grants are subject to the attached Program Rules.
Mural Grant Program Program Rules
All Odessa Arts Mural Grants are subject to the following Program Rules. By submitting an application for a Mural Grant, you are agreeing to follow these Program Rules.
1. Applicant Eligibility. Mural Grant applicants must be the property owner of the proposed mural site (collectively, “Applicants”). Any tenants interested in a Mural Grant should encourage their landlords to apply. If there are multiple property owners, then all property owners and artists must sign the application. City staff and officials are not eligible for Mural Grants. To be eligible, the property owner(s) must not:
a. be involved in any dispute or litigation, or have any dispute or litigation threatened against them, that could affect the property for which the Mural Grant is intended, both at the time of the application and the time of the reimbursement.
b. owe money (other than a current utility bill) to the City of Odessa.
2. Property Eligibility. Mural Grants are limited to outdoor murals proposed on income-producing properties within the City of Odessa. Single-family residences, duplexes, triplexes, churches, historic properties, and sexually-oriented businesses are not eligible properties for Mural Grants. Government property is not eligible unless it is leased to a private person or entity. Properties owned or leased by City staff or officials are not eligible properties for Mural Grants. In order for a property to be eligible, a Mural on the property must be consistent with any applicable property use restrictions such as the Downtown Urban Design Standards, any historic preservation rules, and any deed covenants and restrictions. The City will decline to fund any application it believes may violate any property use restrictions.
3. Location Eligibility. In order to achieve the goals of the Odessa Arts Mural Grant Program, priority will be given to applications for proposed murals in high-traffic areas that are readily visible without requiring trespassing on private property. In order to encourage public art in every neighborhood, Odessa Arts will seek to allocate Mural Grant funds to five city council districts areas plus the Downtown Footprint. Subject to funding and available approved projects, multiple grants may be made per geographic area. Unused funds in any geographic area may later be reallocated to Applicants from other geographic areas in a fiscal year.
4. Content Eligibility. The purpose of the Mural Grant Program is to encourage public art in the community without offending citizens or visitors, in accordance with prevailing community standards. The City reserves the right to decline to award a Mural Grant for a mural that:
a. is obscene, indecent, immoral, libelous, profane, defamatory, or illegal;
b. ridicules individuals or groups of people;
c. tends to incite violent, criminal, or anti-social behavior, including but not limited to epithets based upon race, color, creed, religious, or gender;
d. is political in nature;
e. promotes a service or product as a dominant theme;
f. is likely to create a safety hazard by distracting drivers or pedestrians.
Additionally, Preference will be given to murals that are colorful, tie in to the Odessa community, incorporate the hashtag “#DiscoverOdessa”, or encourage viewer interaction, such as an Instagrammable background.
5. Artist Eligibility. Property owners must select their artists though a the public artist submission process with a committee that includes the business owner, a representative from Odessa Arts, Discover Odessa, city council district representative (or his/her designee) and a member of the Public Art Advisory Board. Artists warrant that their proposed murals are original and do not violate any intellectual property laws or the rights of any third parties.
6. Final Decision. Public Arts Advisory Board (the “Advisory Board”), based upon recommendations from the ad hoc selection committee, is responsible for administering the application and selection review process. The final funding decision is by the Odessa Arts Executive Director. The Advisory Board and Odessa Arts reserve the right to reject any applications that do not comply with these Program Rules. Until the Advisory Board and Odessa Arts approve a Mural Grant, no decision is final.
7. Acknowledgment. Odessa Arts may place a temporary sign at the worksite during the project to acknowledge the Mural Grant Program. The City may also place a permanent acknowledgment at the location when completed. Applicants and their successors and assigns agree to allow the City to use, in any reasonable manner, funded murals to promote the Mural Grant Program and the City of Odessa.
8. Reimbursement. Mural Grants are matching grants, and recipients may receive reimbursement for up to one- half of what they spend, with the maximum possible reimbursement varying from fiscal year to fiscal year. (Odessa Arts’ fiscal year is October 1 through September 30.) Mural Grants will be paid after the Advisory Board determines that the mural is completed in compliance with these Program Rules. All requests for reimbursement must be received by the Odessa Arts no later than August 15 of the fiscal year in which the Mural Grant is awarded. Requests for reimbursement must include invoices and cancelled checks showing vendors have been paid, and a digital photograph of the completed mural. Failure to meet these requirements will result in the grant funds not being paid and being reallocated to other Applicants.
9. Maintenance; Clawback. Applicants must maintain completed murals for ten years from the date of completion of the mural (the “Maintenance Period”). After the Maintenance Period, the Applicants have no obligation to maintain the mural. If, at any time within the Maintenance Period any Applicant violates any of these Program Rules, then all Mural Grant funds paid to the Applicant for the mural may be forfeited. The Applicant also agrees to pay any and all costs and expenses, including reasonable attorneys’ fees, incurred by Odessa Arts in enforcing these Program Rules.
10. Amendment. Applicants must notify the Advisory Board in writing if any Applicant makes any changes in the plans submitted with the original Application. The Advisory Board reserves the right to re-consider the Application based on the changes to the original plan.
11. Laws. Applicant will at all times observe and comply with all applicable laws, ordinances, and regulations of the state, federal, and local governments which are in effect from the date of the Application through the Maintenance Period.
12. Successors and Assigns. Applicants hereby bind themselves, their successors, their legal representatives, and their assigns to the City and to its successors, legal representatives, and assigns in respect to all covenants of these Program Rules.
13. Non-Appropriation. All Mural Grants are subject to City Council appropriation and availability of budget funds. Odessa Arts reserves the right to cancel the Mural Grant Program without prior notice.
14. Relationship of the Parties. These Program Rules do not create a partnership or joint venture between or among the parties. Odessa Arts serves only as a financing source and does not exercise control over the Applicants or the mural job sites. Applicants are not employees of Odessa Arts or the City. Applicants are responsible for any injuries or damages sustained at their mural jobsite; Odessa Arts or the City are not responsible for the acts or omissions of any Applicant or any other third party.
Permian Basin Artist Registry is a database of creative individuals located in the Permian Basin. This registry is used by Odessa Arts to connect artists to opportunities, and to promote the works of local artists to the community. Odessa Arts member artists are also highlighted in the Odessa Arts Gallery.