(a) Purpose.
As the City's public art collection grows and ages, it is desirable to periodically assess individual works to determine their continued appropriateness in their current locations. The economic reality of conserving and maintaining a growing collection at increasing costs makes such an assessment prudent in order to best maintain works that decrease in value if neglected.
Deaccessioning should be considered only after careful evaluation according to established guidelines, and after other options have been considered. Unless the condition of the artwork or immediate environment dictates otherwise, deaccessioning should not be considered for a work of art earlier than five years from the date of acquisition.
(b) Definitions.
(1) "Art in Public Places Program". "Artwork", "Arts Commission", "City Plan Commission", and "Public Art Collection" have the meanings set forth in Section 167.06(b).
(2) "Conservation" means a broad concept of care of artworks including examination by an arts professional, action taken to prevent deterioration and restoration of artworks which may have already deteriorated.
(3) "Deaccession" means a process of disposing of artwork by means of sale, auction, trade, donation or destruction.
(4) "Surplus" means determined to be no longer of intrinsic value to the Public Art Collection.
(c) Responsibilities.
(1) The Arts Commission shall establish policies and specific guidelines, subject to the approval of the City Plan Commission, for the review and assessment of artworks owned by the City and deemed surplus.
(2) After fulfilling the responsibilities detailed in the approved policies and guidelines that shall be established in accordance with subsection (c)(1) hereof, the Arts Commission shall make a determination regarding the disposition of artworks that are proposed for deaccessioning.
(3) If the artwork is to be sold or auctioned, the following procedures shall apply:
A. The sale or auction shall be handled by arts professionals to assure that the highest reasonable price is received.
B. If the cost of professional services to handle the sale of the artwork is unreasonable compared to the expected sale value of the artwork, the sale may be handled in an alternative fashion that is deemed reasonably cost efficient.
(d) After the City Plan Commission has approved the Arts Commission's determination that an artwork should be deaccessioned from the City's collection of artworks, the Arts Commission may deaccession the same and arrange for its disposition in any of the following ways:
(1) Through an exchange of the artwork for one or more other artwork(s) of comparable aggregate value for the City's collection subject to availability of funds and all other requisite contracting requirements;
(2) Through a sale by an art gallery or dealer;
(3) Through a public auction or process inviting bids or proposals from the public and the acceptance of the best proposal;
(4) Through the Commissioner of Purchases and Supplies in the same manner as other surplus property;
(5) Through a loan, either for a definite or indefinite term, to another governmental entity on condition that the receiving entity shall maintain the artwork and provide an accompanying notice of the City's retained ownership;
(6) Through redonation, sale or other arrangement agreed upon with the original donor or artist at the time the City acquired such artwork; or
(7) In the event the artwork has been destroyed or damaged beyond a reasonable cost to repair, or has no or only a negligible value, through disposition in accordance with policies and guidelines established by the Arts Commission and approved by the City Plan Commission.
(e) If an artwork was donated to the City on the condition that the artwork be returned or transferred to another person or entity when it is no longer displayed or ceases to be a part of the City's collection, upon the occurrence of circumstances making such condition applicable, the Arts Commission shall request directions from the donor or the donor's representative(s), as appropriate. The artwork shall be returned to the donor or transferred consistent with the terms of such condition, if such condition applies, and the directions of the donor or the donor's representative(s).
(f) In the event the artist has reserved a right to repurchase the artwork when the City's artwork is to be disposed of, the artist shall be allowed a reasonable opportunity to repurchase it at its fair market value, as determined by appraisal procedures pursuant to policies and guidelines established by the Arts Commission. Alternatively, the artwork may be exchanged for one or more other artwork(s) that is deemed appropriate for inclusion in the City's collection and that has or together have an aggregate appraised value equal to the fair market value of the City's artwork.
(Ord. 612-92. Passed 9-1-92).