(a) The Developer of a Development Project will install Public Art on the Development Project site in a Public Place as recommended by the Public Art Commission and as approved by the Corporate Authorities. The cost of the Public Art must be equal at least to one percent of the construction cost, but in no event more than $100,000.00. The creator of Public Art shall be an artist. Public Art shall be displayed in a manner that will enhance its enjoyment by the general public. As an alternative to on-site installation of Public Art, the developer may:
(1) Request that the Public Art Commission consider and recommend approval to the Corporate Authorities of placement of Developer-funded Artwork in a Public Place identified in the Public Art Master Plan; or
(2) Pay a Public Art Contribution to be deposited into the Public Art Acquisition and Maintenance Fund. The Public Art Contribution must be paid as follows:
50% at the time of building permit issuance; and
50% at the time certificate of occupancy issuance.
(3) Subject to the recommendation of approval by the Public Art Commission and approval by the Corporate Authorities, install Public Art on the Development Project site that has a value lower than the Public Art Contribution amount and make an in-lieu Public Art Contribution for the difference between the value of the Public Art and the required Public Art Contribution value.
(b) Prior to obtaining a building permit for construction of the Development Project, the developer must demonstrate compliance with the requirements of this Division 3 in one of the following ways:
(1) Payment of the full amount of the Public Art Contribution; or
(2) Written proof to the Director of a contract to commission or purchase and install Public Art previously recommended for approval by the Public Art Commission and approved by the Corporate Authorities. The Developer will be required to deposit performance security, in an amount determined by the Director, to be adequate to secure faithful performance of the Public Art Commission and installation in a form acceptable to the City Attorney. The performance security must be accompanied by a written acknowledgment by the Artist and Developer, in a form approved by the Director, that the Public Art complies with the following:
i. Will be designed by an Artist.
ii. Require a low level of maintenance and the proposed maintenance provisions will be adequate for the long-term integrity and enjoyment of the Artwork, and in all events consistent with the Policy and Procedure for Maintenance approved pursuant to Ordinance No. 3022-2021 on August 31, 2021. The property owner will enter into a maintenance agreement with the City to be recorded against the property to ensure proper maintenance is performed as determined by the Director and in a form acceptable to the City Attorney.
iii. Will be permanently affixed to the property except in the case of a “contributing" building in the Moline National Register Historic Commercial District, which may require specialized installation to the satisfaction of the Director.
iv. Will be maintained by the owner or his or her successor in interest in a manner acceptable to the City.
v. Will meet all applicable building code requirements.
(c) The Developer will provide the Director with proof of installation of the approved Public Art at an approved Public Place on the Development Project site prior to the issuance of a certificate of occupancy.
(d) Title to Public Art installed pursuant to this Division 3 on private property will be vested in the property owner and pass to the successive owners of the property. Each successive owner will be responsible for the custody, protection and maintenance of the Public Art.
(e) If, for any reason, the current property owner or successor in interest chooses to replace any Public Art installed pursuant to this Division 3, the following requirements must be met before the Public Art is replaced:
(1) The replacement Public Art must be reviewed and recommended for approval by the Public Art Commission and approved by the Corporate Authorities.
(2) The cost of the replacement Public Art will be equal to, or greater than, the inflation adjusted cost of the existing Public Art to be removed.
(3) The replacement Public Art must be located at the same Public Place or another Public Place on the property.
(4) The replacement Public Art must be installed within 21-days of the removal of the existing Public Art piece, unless the period is extended by the Director.
(Ord. No. 3022-2021; Sec. 35-4315 enacted; 8/31/21)