HomeMy WebLinkAboutOrdinance-2002-1257
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FIGLUS
Council Bill No. 22-2002
Ordinance No. 1257
Series of 2002
TITLE AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY
ENTITLING SAID CHAPTER "ARTS AND CULTURE" AND BY
THE ADDITION OF AN ARTICLE I CONCERNING THE
ACQUISITION, DISPLAY, OWNERSHIP AND DISPOSAL OF
PUBLIC WORKS OF ART
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"), and
WHEREAS, pursuant to section 1 3 of the Charter, the City has all the power of
local self-government and home rule and all the power possible for a municipality to
have under the Constitution of the State of Colorado, and
WHEREAS, the City of Wheat Ridge wishes to enhance the public spaces and
provide for a more aesthetic and humane environment in the City by acquiring works of
art which shall become the City's public art collection
WHEREAS, pursuant to Section 16.2 of the Charter, the Wheat Ridge City
Council has the power to receive or refuse gifts, bequests and donations on behalf of
the City and to delegate this power; and
WHEREAS, individuals and entities from time to time offer to temporarily or
permanently donate works of art to the City for the purpose of public display; and
WHEREAS, the City Council finds and determines that it is desirable to have
guidelines concerning the acceptance and display of works of art and that the City does
not currently have such guidelines, and
WHEREAS, the City Council desires to delegate its authority to receive and
refuse gifts of works of art to the City Manager and empower the City Manager to
establish guidelines concerning the acquisition, ownership, display or siting,
conservation, deaccessioning and disposal of public works of art.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO
Section 1. Chapter 18 of the Code of Laws of the City of Wheat Ridge, previously
reserved, is hereby entitled "Arts and Culture"
Section 2. Chapter 18 of the Code of Laws of the City of Wheat Ridge is hereby
amended by the addition of Article I, to read in its entirety as follows
ARTICLE I.
PUBLIC ART MANAGEMENT.
Sec. 18-1. Intent and purpose.
The objective of this section is to establish goals, policies and guidelines for the
acquisition, ownership, display or siting, conservation and disposal of public works of
art.
(1) Public art differs from art intended for private enjoyment, in that it must speak, in
a significant way, to a larger portion of the population Public art should bring meaning
and enjoyment to public spaces
(2) Public art is founded in the freedoms of thought and creative expression. It should
reflect the diversity and richness of the community
(3) The City shall acquire art that is of the highest quality and that is consistent with
the policies adopted by the City.
(4) The acquisition process shall promote the public display of many types of works
of art.
(5) Public art should become a valuable part of the City art collection, be thoughtfully
sited or displayed and be properly maintained at all times
Sec. 18-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning
Acquisitions means the procurement by the City of Wheat Ridge, Colorado, of
works of art through commission selected by open competition, limited competition, or
invitation; direct purchase, donation, loan or any other means.
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City means the City of Wheat Ridge, Colorado
Conservation means care encompassing three activities examination,
preservation and restoration.
Deaccessioning means the removal of an art work from display
Display means the temporary public location of a work of art.
Disposal means actions that result in the termination of the City's ownership
and/or possession of a work of art.
Preservation means actions taken to retard or prevent deterioration or damage in
works of art, and to maintain them in as unchanging a state as possible
Public art means works of art acquired and held by the City
Restoration means the treatment of a deteriorated or damaged work of art to
approximate as nearly as possible its original form, design, color and function with
minimal further sacrifice of aesthetic integrity.
Siting means the permanent location accessible to the public of a work of art.
Temporary work of art means a work of art with an intended or anticipated life
span or loan term of five (5) years or less
Works of art means all forms of original visual and tactile art, traditional or folk art
and media art. Works of art may include but are not limited to sculpture, painting,
graphic arts, mosaics, photography, crafts such as ceramics, paper, textiles, glass,
wood and metal, mixed media and earthworks. Exclusions include reproductions or
unlimited editions of original work, art objects that are mass produced, architectural
ornamentation, directional elements and signage, and landscaping
Sec. 18-3. Acquisition.
The objective of this section is to develop a collection of public art by acquiring for the
City of Wheat Ridge artwork that demonstrates artistic excellence and technical
competence for public benefit and enjoyment.
A. To establish procedures for the acquisition and temporary placement or permanent
siting of works of art through commission, direct purchase, donation or loan
1 General administrative policies
(a) The City shall acquire and display public artwork for the benefit and
enjoyment of its citizens
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(b) The City shall establish and maintain an inventory which includes
complete records of all public art acquisitions, including documents
transferring title, artists' contracts, reports, invoices and other pertinent
material.
(c) Works of art shall generally be acquired without legal restrictions
concerning use, display or disposition, except with respect to copyrights or
restrictions specifically defined by law or contract.
(d) Any City liability associated with the ownership, display or disposal of
public art shall be covered under the City's insurance programs where
possible
B To establish a selection process that provides for public and expert review according
to articulated criteria, and is not affected by conflict(s) of interest.
Selection procedures
(a) The City Manager or his or her designee shall establish administrative
procedures and guidelines for the selection of public art.
(b) Selection procedures shall encourage open public discussion to ensure
that all concerned parties are involved in the process, including the City,
the general public, the business community and the arts community
(c) Whenever appropriate, selection procedures shall encourage early
collaboration between artists and design professionals including
architects, landscape architects, project managers and engineers to
facilitate integration of the artwork into the structure where it will be sited
(d) Selection procedures shall establish specific criteria for the City's
acceptance of works of art as gifts or as long term loans Generally, gifts
shall be accepted without restrictions as to future use, placement or
disposition
2 Criteria. Public art shall generally-
(a) Be appropriate in size, scale, material, form and style for the social and
physical environment in which it is to be placed,
(b) Be durable,
(c) Have high resistance to vandalism,
(d) Be maintainable at a reasonable cost;
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(e) Minimize public liability; and
(f) Possess other appropriate characteristics as determined by the selection
guidelines.
Sec. 18-4. Art work site plan.
The objective of this section is to establish a plan for the thoughtful display, siting and
management of works of art in the public art collection
A. To establish procedures for display and/or siting of public artwork.
B To provide for appropriate engineering, security, maintenance and amenities, such
as signage and lighting for public artwork,
1 General administrative policies
(a) The City Manager or his or her designee shall develop an art work site plan
that identifies appropriate locations within the City for the display and siting of public art.
Such a plan shall serve as a guideline for the placement of acquired works of art.
(b) The art work site plan shall identify current and potential locations for the
display and siting of public art within the City
(c) The art work site plan should be reviewed and updated by the City Manager
or his or her designee at least once every three (3) years
Sec. 18-5. Documentation; conservation.
The objective of this section is to ensure the care and accounting of works of art in the
public art collection through systematic record keeping and conservation
A. To provide appropriate management and care of a City asset through inventory,
regular examination, preservation and restoration of the public art collection
1 The City Manager or his or her designee shall.
(a) Establish and maintain an inventory of all works of art in the City's collection
(b) Examine all public art on an annual basis to determine if it is properly sited
or needs conservation
(c) Conserve public art in a planned and orderly manner and shall arrange for
any services necessary to the preservation and restoration of public art subject to
available funds
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Sec. 18-6. Deaccessioning; relocation or disposal.
The objective of this section is to maintain the artistic integrity of the City's public art
collection by establishing policies and procedures for deaccessioning, relocation or
disposal of artwork.
A. To establish policies, guidelines and procedures for review of placement.
1 The City Manager or his or her designee shall establish guidelines and
procedures for the review of public art placement.
(a) Review procedures shall provide for input from art professionals and
the public, where practical
(b) Review criteria shall address the quality of the public art and how the
piece relates to the City's goals and policies for public art.
2. In conjunction with the annual review and update of the art work site plan
referenced in Section 18-4 of this article, the status and condition of all public art
may be reviewed for possible deaccessioning
3 The removal or relocation of temporary works of art on display shall generally not
be considered before the piece has been displayed for sixty percent (60%) of its
anticipated life span or loan term, generally three years
B To establish policies, criteria and procedures for deaccessioning, relocating or
disposal of a work of art in the City's public art collection
1 The City Manager or his or her designee shall establish policies, guidelines,
criteria and procedures for reviewing artwork to determine if it still relates to the
City's goals for the public art collection
2 This review shall include both public comment and expert testimony about the
possibility of deaccessioning artwork.
Sec. 18-7. City Manager Authority.
(a) The City Manager or his or her designee is authorized to promulgate and
administratively amend, from time to time, any rules and regulations necessary to carry
out the public art management policies set forth in this article
Secs. 18-8 -18-19. Reserved.
Section 3. Safety Clause The City Council hereby finds, determines, and declares
that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
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ordinance is necessary for the preservation of health and safety and for the protection of
public convenience and welfare. The City Council further determines that the ordinance
bears a rational relation to the proper legislative object sought to be attained
Section 4. Severability: ConflictinQ Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed
Section 5. Effective Date This ordinance shall take effect fifteen days after final
publication, as provided by Section 5 11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to
o on this 8th day of July ,2002, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for July 22 , 2002, at 7'00
o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0 , this 22nd day of July , 2002.
SIGNED by the Mayor on this
23rd
,2002.
ATTEST
..,
LA '.d
~ llAL"L /~ .'~
Wanda Sang, City Clerk
Approved As To Form
First Publication. July 11, 2002
Second Publication July 25, 2002
Wheat Ridge Transcript
Effective Date
August 9, 2002
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POLICY ON ACQUIRING WORKS OF ART
GOAL. To develop a collectIOn of publIc art by acqUInng artwork for the CIty of Wheat Ridge
that demonstrates artIstic excellence and technIcal competence for publIc benefit and enjoyment.
I. OBJECTIVES
A. To establish procedures for the acqUIsItIon and temporary placement or permanent sItIng
of works of art through commISSIOn, dIrect purchase, donatIOn, or loan.
B To establIsh a selectIOn process that provIdes for publIc and expert review accordIng to
artIculated crIterIa, and IS not affected by confhct(s) ofmterest.
II. DEFINITIONS
A. CommIssion: Selectmg an artIst or artist team and provldmg payment for creation and
lllstallation of a pIece of artwork, usually for a specIfic site.
B DIrect Purchase SelectIOn and purchase of an eXIsting pIece of artwork ready for
dIsplay
C DonatIOn: AcquISItIon of artwork eIther through acceptance from an indiVIdual or
organIzation of a donatIOn of funds to purchase or commIssion artwork, or of actual
artwork.
D Loan. AcquiSItIOn of artwork for temporary or long term dIsplay m public spaces, as
dIfferentIated from rotatIng exhibIts.
III. POLICIES
A. The CIty shall establIsh, manage and maIntam a publIc art collectIon.
1 Inventory of these assets includes documents transfemng tItle, artIst's contracts,
reports, lllVOlces and other pertment material.
B. The CIty shall Implement a selection process for acquiring artwork that mcludes both
communIty Input and expert adVIce m order to assure that the publIc art collectIOn will be
of excellent qualIty and approprIate to the communIty
1 The CIty WIll InVIte publIc partIcipatIOn on selectIon commIttees.
2. The CIty will establIsh CrIterIa for selection of artwork
C This selectIOn process shall serve the publIc mterest by adoptIng a conflict of Interest
policy to assure that there is no actual or perceIved Impropriety m the decision-makmg
process for IdentIfymg artists or artwork.
IV. PROCEDURES
A. SelectIOn CommIttee
1 CrIterIa for commumty representatIves on the SelectIOn Committee
a. Interested III communIty improvement
b Interested in visual art or deslgn
c CommItted to the best Interests of the entire commumty
2. Votmg members
a. Visual artIst
b. CommunIty representatives; at least one from the area In whIch the art IS to be
Sited.
c Elected CIty government representatIve
d. SIte agency representatIve
e Donor representatIve, If appropriate
f. Any other representatives deemed necessary
3 AdVIsors as needed (non-voting)
a. ArchItect
b Engineer
c TechnICIans
4 The CommIttee shall be facilItated by a professional arts consultant (non votIng)
5 Each member wIll serve on the SelectIOn CommIttee for the duratIon of the proJect.
6 Process for recrUltmg commumty representatIves on the SelectIOn CommIttee.
a. Glve publIc notificatIOn of opportumty to serve and CrIterIa for appoIntment.
b Request a written statement of qualificatIons and reason for wanting to serve
on a selectIon commIttee.
c The CIty Manager or hIS or her deSIgnee WIll review and appoInt commIttee
members who best fit the needs of the project.
B Process for SelectIOn CommIttee
1 IdentIfy the opportumty for publIc art, type of acquiSItion and source of fundIng for
the artwork.
a. COmmISSIOn
b DIrect Purchase
c DonatIOn
2 EstablIsh CrIterIa for artwork to Include but not be limIted to
a. ArtIstic excellence
b Technical competence
c SUItability to potentIal sIte
1) conceptual compatibility
2) relation to the functIOn of the slte
d. Structural and surface integrIty
e Accessible to public
f. ReSIsts damage by vandalIsm, weather, or theft
g. Ease ofmamtenance
h. Artwork dIversIfies the City's publIc art collection.
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3 Develop a detailed descnption of the project and appl1catlOn process
a. Type of artwork that would be appropnate
b Charactenstlcs of the antIcipated site
1) LocatIOn and site
2) Use by the publIc
3) Department priontIes
4) CondItIons that would affect or inform the artwork
c. Amount of fundIng available
d. Tune frame
4 Inform interested partIes
a. ArtiStS workIng m appropnate media
b PotentIal donors
5 For commissIOned work:
a. Request and revIew slIdes of eXlstmg artwork suitable for thIS proJect.
b Select up to three artIsts whose work would be approprIate for thIS proJect.
c ProvIde each wIth a deSIgn fee to develop a proposal and model.
d. ReView proposal and model to select a finalist for the COmmiSSIOn.
e. Develop contract wIth artIst statIng all agreements
6 For dIrect purchase of eXIstIng work:
a. SolIcIt slIdes of eXIstIng work that meets project cntena.
b Select suitable work
c Develop contract wIth artISt statll1g all agreements.
7 For acceptIng a donatIon of artwork:
a. ReVIew proposed donatIOn m terms of establIshed CrIterIa.
b Artwork IS ready to dIsplay
c DetermIne fiscal Impact, If any
d. DeCIde whether to accept donatIOn
e Inform donor of selectIon commIttee deCISIon.
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POLICY ON DOCUMENT AnON AND CONSERV A nON OF WORKS OF ART
GOAl' To ensure the care and accountmg of public works of art through systematIc record
keepIng.
I. OBJECTIVE
A. To provIde appropnate management and care of a City asset.
B To ensure regular exammatlOn, preservatlon and restoratlon of publIc works of art.
II. DEFINITIONS
A. ConservatIOn. a broad concept of care of works of art encompaSSIng three actIvItIes,
exammatlOn, preservatIOn and restoratIOn.
B PreservatIOn. Actlons taken to retard or prevent deterioratIon or damage m works of art,
and to mamtaIn them in as unchangmg a state as possible.
C RestoratIOn. The treatment of a deteriorated or damaged work of art to approxImate as
nearly as possible its ongInal form, deSIgn, color, and functIOn wIth mInImal further
sacnfice of aesthetIC integrity.
III. POLICIES
A. The CIty Manager or hIS or her deSIgnee shall systematlcally document all works of art
whIch represent assets in the CIty'S collectlon.
B The CIty Manager or his or her deSIgnee WIll examIne all works of art on a regular basIs
and develop a condItIOn report that represents the current condItIOn of the artwork,
C The Cny Manager or hIS or her deSIgnee will arrange for the conservatIon of all works of
art m a planned and orderly manner and arrange for any servIces necessary to the
preservatIOn and/or restoratIOn of the artwork subJect to available funds
D The CIty wIll develop a process to fund a conservatIOn program.
IY. PROCEDURES
A. Each work of art shall be listed on the CIty's master Inventory and mamtenance schedule
B AddItIOnal documentatIOn shall Include the followmg mformatlon
I AcqUISItIon documents and a unique accessIOn number
2 CuratorIal InformatIon to Include.
a. ArtISt'S bIOgraphy
b Title of artwork and date completed.
c EdItIon, If appropnate
d, Purchase pnce and Insurance value
e Other descnptIve or IdentIfyIng lllformatIon,
3 ConservatIOn mformation to include:
a. Matenals and sources used In the artwork.
b Methods of fabncatIon and who dId the work.
c InstallatIOn specificatIOns.
d. Method and frequency ofmamtenance.
4 AdmmistratIve information to mclude:
a. Legal instrument of conveyance,
b, ArtIst contract.
c. Significant agencIes involved and their roles and responsibilItIes
d. SIgnIficant dates.
e. PermIts and proJect costs.
f. Insurance lllformatlOn.
5 PhotographIc, archItectural/engIneering and medIa documentatIOn.
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POLICY ON DISPLAY AND SITING WORKS OF ART
GOAL' To establIsh a plan for the thoughtful dIsplay or SIting of publIc works of art.
1. OBJECTIVES
A. To establish procedures for the dIsplay or sltmg of publIc works of art.
B To provIde for appropnate engmeenng, secunty, maintenance and amenItIes, such as
slgnage and lIghtIng for publIc works of art,
II. DEFINITIONS
A, DIsplay' The temporary shOWIng of a work of art.
B Sltmg The permanent InstallatIOn of a work of art.
III. POLICIES
A. To ensure publIc enJoyment of the artwork In the CIty's public art collectIOn, the CIty
Manager WIll assure that works of art shall be placed m, on or about any mUnICIpal
bUlldmg or other mUnICIpally-owned, leased, or rented property. These locatIOns for
public art wIll be accessible to the general publIc as well as to persons WIth specIal needs.
B The Clly Manager or hIS or her deSIgnee WIll develop an artwork sIte plan that IdentIfies
and pnontlzes locatIOns on CIty property for placement of publIc art.
C The artwork sIte plan shall address permanent locatIOns, as well as proVIde for the
planned movement of appropnate works of art to vanous locatIOns In the CIty
D Thc art\\ork sllc plan shall be updated every three ycars
E. No work of art m the CIty collectIOn may be moved WIthout the wntten approval of the
CIty Manager or hIS or her deSIgnee.
1\, PROCEDURES
A, The slle or locatIon pnontles shall be based on speCific CrItena that Include
1 MaXimum VIsibIlIty and publIc benefit.
2 Public safety
3 IntegratIOn WIth formal City plans.
4 Permanence, or ease of relocatIOn, If appropnate.
5 CompatIbIlIty WIth the type, scale and scope of potentIal public proJects.
6 Secunty
7 Integration and coordination with proposed or potential pnvate sector proJects.
8 ProtectIOn from Improper or unnecessary physical contact.
9 ProtectIOn from heat, air conditIOning, direct SUnlight or other harmful elements,
unless the work IS desIgned for such exposure
10 Ease of maIntenance of artwork.
11. A voidance ofinterfenng with vehicular or pedestnan traffic patterns.
12. AVOIdance of Interference with operatIOnal functIons (lawnmowIng, snow removal
etc)
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8. Cost estImate of deacceSSlOn and Identification of the fundIng source for
deaccesslOnmg.
9 MedIa reports regardmg the work or eVIdence of publrc debate, If pertment.
10 Wntten correspondence concernmg the work.
D. If deaccesslOnmg or dIsposal of a work of art is bemg contemplated, a recommendatIon
from the reVIew Committee based on these polrcies and the follow111g mformatlOn shall
be reviewed and discussed at an open pubhc meetmg.
I DiSCUSSlOn of the recommendatIon wIth the artIst, If slhe can be notified by
reasonable means.
2. Wntten opmlOns of several mdependent professlOnals qualrfied to make
recommendatlOns (conservators, archItects, engmeers, safety experts, art
hlstonans, etc )
3 ReVIew of all eVIdence of public comment and debate.
E. If reasonable measures do not eXist to address the concerns, or the CIty Manager
deterrmnes that the recommended measures do not resolve the concern, the Councll shall
conSIder the removal or dIsposal of the work.
F If removal or dIsposal IS dIrected, the CIty shall conSider, m order of pnonty, the
followmg:
I RelocatlOn.
2 Removal of the work and placement m storage, wIth the mtent of findmg a new
SIte for the work. If a new Site is not found m a SIx-year penod, disposal of the
work shall be considered.
3 Removal and deaccesslOnmg of the work from the CIty collection by sale, trade,
or gift.
4 DestructlOn of the work.
G Warks that are deaccessioned can be disposed of m the followmg manner, excludmg any
pnor contractual agreement entered mto by the CIty WIth the artist or donor at the time of
acqUISItion.
I For the current market value to the ongmal artist or hislher heIrs.
.., As a gallery conSignment.
3 At auctlOn, m accordance WIth the standard City practice With a predeterrmned
opemng bId.
4 Or after exhaustmg above dIsposal methods, transfemng ownership WIthout
conSideration to
a. The artIst or the estate of the artiSt.
b A government agency
c A non-profit agency
H Funds receIved from the sale of deaccesslOned art shall be ul1lized by the City for future
purchase 0 f pub lrc art.
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POLICY ON DEACCESSIONING OF WORKS OF ART
GOAL: To maIntaIn the artIstIC mtegnty of the CIty'S publrc art collectlOn.
I. OBJECTIVES
A. To establrsh poliCIes and procedures for reVIewing the status ofpublrc works of art.
B To establrsh procedures for the deaccesslOn, dIsposal, or relocatIon ofpublrc works of art.
II. DEFINITIONS
A. DeaccesslOmng: The removal of an artwork from permanent display, whether It IS
disposed of or not.
B Disposal. ActlOns that result In the cessatIon of ownershIp and possesslOn of an artwork.
C Temporary Work of Art: Artwork on short term loan (less than one year) or with an
l11tended or antIcIpated lrfe span ofless than five years.
III. POLICIES
A. The City shall seek to ensure the ongomg presence and mtegnty of all works of art at the
sites where they are located. Guidelmes'apply to artwork whIch has been purchased from
or donated by professlOnal or emergmg artIStS and IS part of the City's publrc art
collectlOn. Student generated projects are excluded.
B The contmucd display of all works of art acqUlred by the CllY shall bc rcvlewed by the
CIty to detel11l1ne If the artwork relates to the CllY's goals and polICIes for pubilc art.
C Artwork that no longer relates to the CIty's goals and polrcles for publrc art may be
conSIdered for deaccesslOn or disposal after careful revIew that shall mclude Input from
art professlOnals and the publrc
I For temporary works of an on display, removal or relocatIon shall gcnerally not bc
conSIdered before the work has been 111 place for 60 percent of ItS antICIpated II fe span
2 For permanent works of an, removal or relocalion shall generally not be consIdered
untIl thc \york has been on display for three (3) years.
D ThIS revIew shall be taken cautlOusly In order to aVOld the potentIal Influence of short-
term fluctuatIons In taste or any ImmedIate pressures of publIc controversy Cntena for
reVieWIng publrc art shall address the quality of the work Itself and how It relates to the
Clly's goals and polrcles for publrc art.
E
A work of art may be conSIdered for deacces~omng or dIsposal for one or more of the
follOWIng reasons ~
=
The condItIOn of secunty of the work of art cannot be reasonably assured 111 Its
present locatIOn.
2. The work endangers public safety.
The work IS damaged and repaIr IS not practIcal or feasible, or It no longer represents
the artIst's Intent.
The work requires excessIve maintenance or has faults of desIgn or workmanship
A suitable site for dIsplay of the work IS no longer available. ThiS could Include a
sIgnificant change m the use, character, or deSIgn of an eXIstIng sIte whIch affects the
Integrity of the work or its display.
6. The work IS not or IS rarely dIsplayed.
7 The work has received significant and sustamed adverse pubhc Opl11l0n for three or
more years.
8 The quahty, authentIcIty or provenance of the work IS called mto questlOn.
9 The work has been stolen.
10 The work was purchased as a temporary acquisition and the predetermmed exhiblllOn
penod has been reached.
11 The work has been determmed to be ofmfenor quality relatIve to the qualIty of other
works m the collectIOn.
12 The CIty wishes to replace the artwork wIth a work or works of more SIgnI ficance by
the same artISt.
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IV. PROCEDURES
A. The review process shall be mitiated by the CIty Manager or hiS or her deSIgnee as part of
regular care of the publtc art collectIOn.
I The Clly !vlanager or hIS or her deSIgnee WIll convene the SelectIon CommIttee that
appro\' ed acqulSllIOn of the artwork, 1 f feasible to reVIew the request for
deaccesslOnmg.
2 If not feasible. the CIty Manager or hIS or her deSIgnee wIll convene a commIttee \>o,11h
representalion from the communIty and profeSSIOnal expenIse to de\ elop
rccommendatlOns for'the City regardmg deaccesslOnmg the an\\ ork under rev leVY
B A request for revIew of a work of art may be submItted by the artist, a host agency or an
outSIde party
C The req Llesl for a review for deaccesslOn should mclude
I The reason deaccesslon IS requested
2 The estImated current value of the work.
3 The acqUIsition method and cost.
4 Wntten evaluatlOn from dlsmterested and qualtfied profeSSIOnals such as an
engmeer, conservator, architect, safety expert or art hlstonan.
5 Photographs mdlcating the current status of the work.
6 Contract With the artIst or any other relevant agreement concernIng the artist's
nghts.
7 Wntten recommendatIOns of other concerned partIes mcludmg the City Manager,
the host agency, the artIst and the outSIde party
2
CONFLICT OF INTEREST
ConflIct of Interest
Alert to aVOId any action which could possibly be mterpreted as a use of commIttee
membership to further hIs or her interest or the interest of any orgamzatlon or indIvidual
wIth whom s/he IS affilIated.
Each of you must be alert to avoid takmg any offiCial action that mIght be mterpreted as
furthenng your personal mterest or the interest of any organizatIOn with which you are
affiliated. Each of you must also be alert to avoid taking officIal action whIch benefits
anyone with whom you have a close personal relatIonship because that actIon on your
pan may create the appearance of Impropnety, even If no actual impropnety may eXIst.
It IS essentIal to the work of the cIty that people wIth varymg mterests, backgrounds and
expenence partICipate m thIS work. Each of you IS expected, however to serve the best
111terest of the cIty and its cultural development as a whole and to aVOId any bIas 111 favor
of or agamst any particular mdlviduaI, dIscipline, mstitution, or geographIc area.
6/15/02