A. Location: Works of art selected and implemented pursuant to the provisions of this chapter may be placed in, on or about any public place or, by agreement with the owner thereof, any private property with substantial public exposure in and around the city. Works of art owned by the city may also be loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the VAC. City officials responsible for the design and construction of public improvements in the city shall make appropriate space available for the placement of works of art, in consultation with the VAC. The VAC shall advise the city manager of the VAC's decision regarding the design, execution and placement of works of art in connection with such project. For any proposed work of art requiring extraordinary operation or maintenance expenses, the VAC shall obtain prior written approval of the city manager before approving the same.
B. Review And Approval Required: All art in public places shall receive the prior review and approval of the VAC. None shall be removed, altered or changed without the prior review and approval of the VAC.
C. Requests To Fund Outside Projects: It is anticipated that the VAC will receive requests to fund portions of public art projects from schools, civic clubs, businesses or individuals. On such occasions, funds from the art in public places fund may be used to fund up to fifty percent (50%) of art in public places directly financed by such group and individuals and placed on privately owned land. The criteria for participating in such ventures shall be the same as for art in public places funded wholly by the fund. Where the VAC has approved a private donation or private property purchase, the VAC may contribute up to one-half (1/2) of the cost of the piece of art not to exceed thirty thousand dollars ($30,000.00) toward purchase of said artwork. (2001 Code § 40.08; amd. Ord. 1587, 8-5-2013)
1. Ownership: All works of art acquired in whole or in part using art in public place funds shall be acquired in the name of, and title shall be held by, the city. (2001 Code § 40.08)
2. Agreement For Privately Owned Property Required: No work of art financed or installed either wholly or in part with city funds or with grants procured by the city shall be installed on privately owned property without a written agreement between the VAC, acting on behalf of the city, and the property owner, specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the city attorney, including maintenance and ownership of the art being titled to the city. In addition, such written agreements shall specify that the private property owner shall assure: (2001 Code § 40.08; amd. Ord. 1587, 8-5-2013)
a. The installation of the work of art will be done in a manner which will protect the work of art and the public;
b. The work of art will be maintained in good condition; and
c. Insurance and indemnification will be provided as is appropriate.
D. Consultation With Artist: Installation, maintenance, alteration, refinishing and moving of art in public places shall be done in consultation with the artist whenever feasible. (2001 Code § 40.08)
E. Records Maintained: The city manager or his designee shall maintain a detailed record of all art in public places, including site drawings, photographs, designs, names of artists, and names of architects whenever feasible, and said records shall be housed by and maintained by the city. The chairperson of the commission shall attempt to give appropriate recognition to the artists and publicity and promotion regarding art in public places. (2001 Code § 40.08; amd. Ord. 1587, 8-5-2013)