In the event a person, firm, corporation, or association offers the City a gift or donation of artwork to erect on public property, the review and installation of such public art shall comply with the requirements of this section. This section does not apply to the review and installation of public art on public property that is commissioned by the City of Willoughby and funded by the Public Arts Fund.
(a) Gifts of Artwork Considered.
(1) The City shall consider a donor's offer of an existing artwork or commission of artwork by a specific artist(s) or artists, or through a competitive public process.
(2) Donors shall be required to provide a maintenance program for the proposed gift, including estimated maintenance costs. Excessive maintenance costs may be grounds for rejection of the gift.
(b) Review Process.
(1) All proposed gifts to the City shall be referred to the Public Art Committee. The Committee's recommendation on the acceptance or rejection of proposed gifts shall be referred to the Planning Commission, and to the Design Review Board when applicable. Recommendations shall be referred to City Council for final action.
(2) If the City Council approves the acceptance of a gift, a formal written agreement shall be executed between the City and the donor and/or artist. This agreement shall include the costs, responsibilities, and schedule of all aspects of the project, including project funding, fabrication, site preparation, installation, maintenance and budget requirements, transfer of title, donor's and/or artist's rights, project supervision, documentation, an identification plaque, City's rights (including deaccessioning), and other requirements established by the City.
(c) Review Criteria; Standards for Acceptance.
(1) Criteria. The proposed artwork shall be reviewed based on the criteria listed in this Chapter, as applicable.
(2) Budget. Consideration shall include an evaluation of the donor's proposed budget and the artist's ability to successfully complete the project within the proposed budget, and a review to assess realistic estimates and comprehensiveness of the budget in addressing all costs of the proposal.
(3) Unrestricted gifts. Proposed gifts to the City shall be clear and unconditional.
(4) Unique artworks. Only one-of-a-kind artworks shall be considered, with the exception of prints, photographs or other limited-edition artworks of high quality.
(5) Cost of artwork. Acceptance may be contingent upon receipt by the City of payment from the donor for costs associated with the gift that are not covered by the donor directly, such as transportation and installation.
(d) Alterations to Proposed Artwork Design. Any significant change to the design or concept made by the artist or donor after approval of the gift proposal must be reviewed and recommended by the PAC, Planning Commission, and Design Review Board when applicable, and then approved by the City Council.
(e) Review of Fabrication and Installation. Artworks accepted from small-scale models or drawings shall be subject to City review throughout fabrication and installation. Specific plans for site design, installation, maintenance and protection shall be submitted to the City for approvals.
(f) Ownership and Maintenance of Public Art on City-owned Property. Artwork installed on City-owned property shall be owned by the City as part of its collection, and the City shall be responsible for maintenance of the artwork in the City Collection, except when the artwork is deaccessioned.
(Ord. 2021-41. Passed 5-4-21.)