City of San Antonio City Code: Chapter 35, Unified Development Code
Article 6: Historic Preservation and Urban Design 
Division 5: PUBLIC ART SAN ANTONIO (PASA)

STATEMENT OF PURPOSE   

• To encourage the selection of artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines;   
• To foster quality design and the creation of an array of artwork in all media, materials and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves;   
• To select experienced artists who represent the diverse cultural landscape of San Antonio;   
• To encourage the selection of design enhancements that are accessible to the public and respect the historical resources and mobility of the citizenry;   
• To encourage artists, design enhancements and programs for open spaces, parks, infrastructure and facilities that contribute to neighborhood revitalization and enhance the quality and pride of neighborhoods in the city;   
• To encourage participation by citizens in the process of acquiring and commissioning of design enhancements;   
• To encourage the role of public art and design enhancements in enhancing economic development and cultural tourism;   
• To encourage the role of artists in the functional design of eligible capital improvement projects;   
• To exhibit art in designated city facilities for the enjoyment of the public and to heighten awareness and appreciation for local artists; and   
• To maintain and provide stewardship of the city art collection.   

Sec. 35-650.  Funding.

1.) PASA shall review with city departments all planned capital improvement projects to determine if they are eligible for public art and/or design enhancement treatment. In general, capital improvement projects shall budget an amount of “up-to” one percent of the total project cost and should be identified as early as possible.
2.) PASA will use the following criteria for identifying and recommending capital projects suitable for public art and/or design enhancement treatment:

• Available public art and or design enhancement opportunities,
• Size and scope of project,
• Community or neighborhood sensitivity and diversity of communities served, and
• Opportunities for community participation and educational impact.

3.) PASA shall discuss each eligible project with the assigned departmental staff to develop a project description, allowance, and timeline.
4.) PASA shall review and present all eligible capital improvement projects to the city council as part of the capital improvements program. This plan may include the proposed public art and/or design enhancement projects, recommend the specific approach  in each of the projects and define the artist selection processes.
5.) PASA may, from time to time during the course of the year, modify the Annual Public Art Plan.

Sec. 35-651.  Eligible and Ineligible Public Art and Design Enhancements.

(a) Eligible Public Art and Design Enhancements. It is the policy of the City of San Antonio that all public art and design enhancements commissioned or acquired through PASA be designed by an artist, craftsman or an artist or craftsman in collaboration with the project architect, landscape architect or engineer. Such artworks may include, but are not limited to the following:

1. The incremental costs of infrastructure elements, such as sound-walls, utility structures, roadway elements and other items if designed by an artist or design team that includes an artist co-designer.
2. Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.
3. Earthworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres.
4. Murals or portable paintings in any material or variety of materials.
5. Sculpture: freestanding, wall supported, or suspended; kinetic and electronic in any material or combination of materials.
6. Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes.
7. Public art and/or design enhancements that are an integral part of architecture, landscape architecture, and landscape design.

(b) Ineligible Public Art and Design Enhancements. Public art and design enhancements that are mass produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist, or reproductions, by mechanical or other means, of original artwork, except in the case of film, video, photography, printmaking or other media arts.
(c) Specifically excluded from this section is artwork in the museum collection of the San Antonio Museum of Art and the Witte Museum.

Sec. 35-652.  Responsibilities.

(a)    PASA shall:

1. Administer the public art and design enhancement allowances, artists registry, and the artist selection panels;
2. Implement policies and procedures relative to applying for and accepting gifts and grants, and disposition, relocation, maintenance, repair, and alteration of the city art collection;
3. Manage artist selection panels, the public art board, public art services of city departments, artists, design and building professionals and the public;
4. Develop a public art and design enhancement plan linked to eligible city capital improvement projects;
5. Coordinate and implement public art education and community outreach programs.
6. Present to city council for acceptance all cash gifts given for the purpose of purchasing or commissioning artworks;
7. Coordinate with all city departments and project designers the possibility of their acceptance and placement of a gift or loan of an artwork to the city at specific sites;
8. Coordinate with city departments regarding eligible sites for the placement of a gift or loan of an artwork the cost of care and maintenance of said artwork; and
9. Staff the seven (7) member at large Public Art Board who shall be nominated by the Mayor and confirmed by Council for appointment, advisory to City Council, and serve as an adjunct public art review board to the historic and design review commission.

(b)    Other City Departments. Other city departments shall:

1. Plan, develop and coordinate with PASA regarding existing and future projects opportunities for the incorporation of artworks and artist services.
2. Develop and implement artwork projects at specific sites.
3. Assess information and coordinate with PASA on proposals for gifts or loans of artworks and monies.
4. Inform PASA regarding any and all departmental activity related to the development and implementation of artwork and artist services.
5. Assist PASA in allocating funds, monitoring project budgets and educating the public.
6. Inform PASA on planning for targeted improvement areas which could potentially incorporate an art project.

(c)    Public Art Board. The Public Art Board shall be the sole public art review body for the City of San Antonio and shall:

1. Be composed a seven member at-large council advisory board, nominated by Mayor and confirmed by City Council, consisting of three (3) visual arts representatives (artist, professional, and patron), one (1) architect, landscape architect, or design professional, one (1) visual arts professor from local college or university, one (1) local art and architecture historian or conservationist, and one (1) community and/or neighborhoods representative. Public Art Board members shall be limited to one (1) three year term, however of the initial appointments, four (4) members shall hold a term of two (2) years and three (3) members shall hold a term of (3) years.
2. Have a chairperson and shall be initially selected by the Mayor, and shall have a term of one (1) year. Subsequent chairpersons shall be elected by the Public Art Board for one-year terms to manage the functions of the board; and
3. Develop and approve an annual public art plan
4. Develop policies and goals for the selection, placement, and maintenance of artwork in the City’s collection.
5. Review and make recommendations on artist selection panelists, artist selections,  and all final public art and design enhancement projects and following the criteria set forth in section 35-653; and
6. Review and make recommendations on all proposed public art gifts, loans and memorials following the criteria set forth in section 35-655; and
7. Review and make recommendations on the disposition of artworks following the criteria set forth in section 35-656; and
8. Review and make recommendations on the conservation, maintenance, repair, or alteration of artworks in the city art collection; and
9. Review and make recommendations on the inventory of artworks in the city art collection, which shall be periodically inspected; and
10. Develop, promote, educate and preserve aesthetic excellence in public spaces for San Antonio residents and visitors.
11. The public art board shall not bind the City of San Antonio by contract or otherwise. In order to avoid conflicts of interest, no member of the public art committee shall vote or participate as a member in any matter that materially affects the property, income, or business interest of that member or in which the member holds a substantial interest. Such member shall give notice of abstention form voting prior to the taking of a vote.

(d) Artist Selection Panels. Artist selection panels shall:

1. Be composed of at least five (5) members including: one (1) project design architect or engineer, one (1) department project manager or architect, one (1) community  stakeholder,  one (1) individual knowledgeable in public art and design enhancement, and one (1) public art board member.
2. Make recommendations to PASA and the public art board on design, execution, and placement and of public art and design enhancement projects in connection with specific capital projects.
3. Make recommendations to PASA on appropriate method(s) of artist selection, commissioning, placement and execution of artworks related to the design of each appropriate project.
4. Review the artists registry, artist's applications and make final recommendations to PASA and on the artist(s) applying for the specific projects.
5. Review and select artists taking into consideration the recommendations of the client and/or department and the criteria established by PASA.
6. Cease to exist once the artist(s) is selected and approved.
7. Shall not bind the City of San Antonio by contract or otherwise.
8. Conflicts of Interest - No member of the artist selection panel shall vote or participate as a member in any matter that materially affects the property, income, or business interest of that member or in which the member holds a substantial interest. Such member shall give notice of abstention form voting prior to the taking of a vote.

(e)    Artist(s). The artist(s) shall:

1. Submit credentials, visuals, proposals and/or project materials as directed for consideration by the artist selection panel.
2. Conduct necessary research, including attending project orientations and touring project sites, when possible.
3. Design, execute, complete and transfer title of the artwork in a timely and professional manner.
4. Work closely with the project manager and/or other design professionals associated with the project.
5. Submit to PASA, City staff, the Public Art Board, and whenever applicable to the historic and design review commission any significant changes in the scope of the project, color, material, or design of the approved artwork.
6. Make public presentations, conduct community education workshops or a residency, as required by the contract with the City of San Antonio.
7. Provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing processes used in fabricating the artwork, and the descriptions and drawings of installations, specifications and details of connecting methods.

Sec. 35-653.  Selection of Artists.

(a)    Criteria. The artist selection process shall be managed by PASA and, whenever possible, shall begin at the conceptual stage of the project so the artist(s) will be able to integrate art concepts and artworks with the design of the specific projects. Early participation also allows for dialogue between the artist(s), the community the project serves and architect or designer to discuss the design processes and the inclusion of specifications for the artwork's site preparation that are subject to zoning, design, and construction codes. The selection of artists or artworks must meet the following criteria:

1. The design capabilities of the artist(s) and the inherent quality of the artworks.
2. All media forms of visual arts may be considered, subject to any requirements set by the artist selection panel or PASA.
3. Public art and design enhancements of all schools, styles, and tastes should be considered for the public art and design enhancement program.
4. Public art and design enhancements should be appropriate in scale, materials, form and content for the immediate social and physical environments with which they relate.
5. Consideration should be given to structural and surface integrity, permanence and protection of the artwork against theft, vandalism, weathering, excessive maintenance and repair costs.
6. Consideration should be given to the fact that public art and design enhancement, as defined by the program, is a genre that is created in a public context and that must be judged by standards that embrace factors other than the aesthetic, including public participation, social and political attitudes, and functional considerations. Public art and design enhancement may also serve to establish focal points, terminate areas, modify, enhance or define specific spaces, establish identity, or address specific issues of urban design.
7. Public art and design enhancements should be examined for unsafe conditions or factors that may bear on public liability.
8. PASA should strive for diversity of style, scale and media, and will also strive for an equitable distribution of artworks throughout the city, subject to sources of project funding.
9. Consideration should be given to budget suitability and/or constraints for each specific project.
10. The artist selection process shall ensure that the interests of all concerned parties are represented, including the public, the art community and the city departments.

(b)    Methods of Selecting Artists.

1. Design Team Selection. The design team of a project may directly select an artist(s) following the criteria set forth in subsection 35-653(a).
2. Limited Competition. The artist selection panel may invite a limited number of artists to submit credentials or proposal.
3. Open Competition. Any artist may submit qualifications or proposals subject to any requirements established by the artist selection panel or PASA. Calls for entries for open competitions shall be sufficiently detailed to permit artists to determine whether their work is appropriate to the project under consideration.
4. Direct Selection. The artist selection panel may directly select an artist(s). Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as a very urgent project timeline or very specific project requirements.

(c)    Limited Competition Selection Process.

1. PASA, in consultation with appropriate city departments, shall define the scope of work, project criteria, budget, develop a community profile, assemble the artist selection panel and outline the selection process.
2. PASA shall brief the artist selection panel on the project and make appropriate modifications according to the panel's recommendations.
3. The artist selection panel shall review the artists registry or other sources recommended by PASA and select a predetermined number of finalists to be interviewed. Depending on the scope of work and timeline of the project, the selected finalists may be required to submit their qualifications or a project proposal to the panel. If the finalists are to submit a project proposal, PASA shall present finalists with information pertaining to the selection process and the project, including available background information. PASA may set a meeting with the artist to discuss the site and/or project.
4. The artist selection panel shall interview the finalists and review the artists' qualifications or proposals, on a predetermined date. Qualifications may include a resume and samples of artist's past work. Proposals may include models, drawings, and a written statement. After all interviews and reviews have been concluded, discussion between panel members will begin based on the material presented, discussion with finalists, project scope of work and criteria. Final artist selection will be a majority vote. The artist selection panel's recommendation shall be presented to the Public Art Board through PASA.
5. PASA may request a formal proposal from the final artist(s) selected specifying the time frame for project development, payment schedule, ownership and copyrights. All materials related to the proposal including models, drawings etc. will be the property of the artist, but the city shall have the right to exhibit and use them for educational and promotional purposes.

(d)    Final Recommendations. The Public Art Board has the responsibility of reviewing and approving the aesthetic appropriateness of an artist's proposal or artwork for a project and making recommendations whenever necessary to the historic and design review commission. The Historic and Design Review Commission (HDRC) shall have the responsibility of reviewing and approving artworks based on their appropriateness within a historic district and that require a certificate of appropriateness in order to be placed within a city-designated historic district.

(e)    Contracts, Fabrication, Installation, Maintenance of Artworks, and Artists Registry.

1. Design teams selected for projects eligible for public art and design enhancement treatment will be contracted to provide architects/engineering and unique public art and design enhancement features. The artist may be asked to prepare a budget that includes costs for fabrications, materials, labor, transportation, site preparation and installation, insurance, artist fee and a contingency fund. Contracts will require the artist to develop a maintenance plan for the artwork, which must be submitted to PASA and appropriate City departments before final acceptance of artwork by city is issued.
2. Fabrication of the artwork will be by the artist or under the artist's direct supervision.
3. Installations shall be coordinated between PASA and the appropriate representatives of each department having jurisdiction over the site and/or construction. Whenever possible, the installation of artworks will become part of the final project's construction contract, and will be executed by the contractor under the artist's supervision.
4. Maintenance. All routine maintenance and repairs of permanent public art and design enhancements, including cleaning, shall be the responsibility of the city department housing the artwork, in consultation with PASA. Each department that houses the public art and/or design enhancements shall notify PASA whenever it believes an artwork requires attention. City departments may request from PASA guidance in maintenance, cleaning and curatorial services for the city art collection. When applicable, artwork that requires any maintenance shall follow the specific instructions and specifications listed under artist's maintenance plan.

(f)    Documentation. PASA shall document the selection process and critical stages of specific projects such as fabrication and installation. The documentation will be used for the production of city promotional material and self-guided tour brochures. A video and still photography of each project may be part of the documentation. This documentation will be used as a promotional, educational and archival resource. All records relating to all projects such as contracts, correspondence, memoranda, proposals, models, and billings will be kept by PASA.
(g)    Artists Registry. PASA will administer an artists registry accessible to all local, regional, national and international artists interested in applying. This will ensure that the largest numbers of artist(s) will be accessible to all public art and design enhancement projects and programs. The artists registry will be used as a resource by the artist selection panels for commissioning artists and art works. PASA will periodically post notice of the registry and application and will use other art organizations' mailing lists to maximize artist participation.

Sec. 35-654.  Guidelines for Temporary Public Art Exhibits and Events.

Sec. 35-655.  Guidelines for Public Art Gifts and Loans.

(a)  Policy. These guidelines for public art gifts and loans outline the process PASA follows in regard to donations of artwork gifts, extended artwork loans, and memorial artworks (including art monuments, art plaques, property for placement of artwork, and funds for the acquisition of artwork) that may be proposed for donation to the City of San Antonio for placement on City property.  Due to limited funds for maintenance and conservation of public art and the limited number of suitable sites on City property for the placement of donated artwork, a review process has been established. The Guidelines for Public Art Gifts, Loans, and Memorials outline a procedure and criteria for the Public Art Board to review proposed public art gifts, loans, and memorials. The intent of the guidelines is to ensure that the same standards of excellence applied to City’s public art and design enhancements are also applied to public art gifts, loans, and memorials and to the placement of such on City property.
(b)    Definitions and Responsibilities.  PASA staff shall:

1. Serve as liaison between the Donor and the City and its designated authority, the Public Art Board.
2. Convene and facilitate the Public Art Board and its Public Art Gifts, Loans, and Memorials Committee (GLMC, defined below) to review possible donations.
3. Oversee the fabrication (when applicable), site preparation (including, but not limited to foundations and lighting), and the installation of all accepted artworks/memorials and related materials such as donor plaques.
4. The Public Art Board is an independent body operating within the City, facilitated by PASA staff and responsible for making recommendations on public art for the City, including matters relating to public art gifts or loan of art for public places as well as for public art memorials. The Public Art Board shall:

• Appoint a Public Art Gifts, Loans, and Memorials Committee (GLMC). Committee members shall be appointed for a term of two or three years (staggered terms) and may serve a maximum of two terms. Additional adjunct members will be appointed as needed for each proposal. Standing committee members, (five in total)will include three arts and/or design professionals -- a curator, a or art maintenance and conservation specialist, an architect, a landscape architect, a graphic designer, etc., one of whom must be an artist; a historian familiar with the city;  and a neighborhood representative who will be assigned depending on the proposal/s. A member of the Public Art Board, who serves as a non-voting facilitator, will chair the GLMC. Other non-voting advisors to the review process may include representatives of the City Departments of CIMS, Risk Management, Development Services, or Legal, as deemed appropriate by the Public Art Board. The GLMC shall convene once every six months on average or on an as-needed basis, as determined by the Public Art Board and depending on the when a gift, loan, or memorial is offered.
• Serve as a board of appeals for any issues that arise in conjunction with the artwork/memorial donations.

(5) The Gifts, Loans, and Memorials Committee (GLMC) is a committee of the Public Art Board, facilitated by PASA staff, and responsible for reviewing and making recommendations on proposed public artwork gifts, loans, or memorials to the Public Art Board. GLMC shall follow the procedures for review of gifts, loans, and memorials (described below.)
(6) Works of public art are all forms of original creations of visual art or art services, including but not limited to:

1. Painting of all media, including both portable and permanently affixed works such as murals.
2. Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic, etc. in any material or combination of materials.
3. Other visual media including, but not limited to prints, drawings, stained glass, calligraphy, mosaics, photography, clay, fiber, textiles, wood, metals, plastics, or other materials or combination of materials, or crafts or artifacts.
4. Media-based artwork (i.e. electronic, video, Internet reliant).
5. Art that incorporates the use of sound.
6. Artist design services.

(7) ARTIST is a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability who produces works of art.
(8) PUBLIC ART SAN ANTONIO PROGRAM DIRECTOR is an employee of the City responsible for the operation of the public art program.
(9) SAN ANTONIO PUBLIC ART COLLECTION refers to all works on the accession records/inventory of the City.
(10) GIFT OF ART is a work of art donated free and clear to the City for inclusion in the city art collection.
(11) LOANED ART, for these purposes, is a work of art given without charge for use over a period of time exceeding 90 days, to be returned to the owner at the end of the use period; Artworks loaned for less than one year will be reviewed by the PASA Program Director and staff.
(12) PUBLIC ART MEMORIAL is a work of art designed to artistically memorialize or create an artwork monument to an event, person, group, or other entity on public property. Public Art Memorials must conform to the criteria outlined within the City of San Antonio’s policies regarding Markers, Memorials, and Plaques.

(c)    Procedures for Public Art Review of Public Art Gifts, Loans, and Memorials. All persons interested in donating or gifting works of art to the City will be required to submit the following information in writing to PASA at least six months prior to the anticipated installation date of the project.

1. Donor. The name, address, phone, fax number and e-mail address of the donor or donor’s agent Intent of donor for offering the artwork to the City
2. Artist. Artist’s name, resume, birthplace and date, current address if known, gallery representation if any, and examples of artist’s previous work
3. Artwork Gift, Loan, or Memorial. Title, medium, dimensions, weight if applicable, date created, signature/inscriptions.
4. Current owner, statement of ownership, absence of liens, copy of bill of sale, current location.
5. Current condition including conservation history or a conservator’s report Maintenance manual and schedule prepared by professional conservator, including an estimate of the annual cost of maintenance.
6. Estimated value, as determined by a professional art appraiser (if the work is existing) Photographs, drawings, models, or designs of proposed artwork/memorial, description and samples (if available) of materials and colors.
7. Site. A site plan of the proposed location, if a particular site is preferred, including photographs of site and neighborhood, drawings of the site with the project to scale, electrical, plumbing, or other utility requirements.
8. Cost. An estimate of any costs to the City arising from the donation of the artwork/memorial (including such items as cost of removal from and restoration of an existing site, relocation costs, and site preparation costs).
9. Installation schedule. Contact information for who is installing the work and the manner in which the installation will be accomplished, including transportation of the artwork/memorial to the site.
10. Proof of insurance sufficient to meet the requirements of the City, if applicable, building permits, if applicable.
11. Any and all approvals as required by the City of San Antonio’s policies regarding Markers, Memorials, and Plaques.

(d)    DESIGN REVIEW PROCESS. PASA staff will convene the GLMC and present an agenda and schedule for the public art proposals to be considered. The donation information will have been sent to the GLMC for review prior to the meeting. Acceptance or rejection of proposals will be recommended by the GLMC based on the following criteria:

1. Artistic Merit – The inherent quality and excellence of a proposed artwork/memorial. Other artistic credentials to consider include training and critical or other professional recognition.
2. Context – Public art memorial must be compatible in scale, material, form, and content with its surroundings. Consideration should also be given to the architectural, historical, geographical, and social/cultural context of the site or community, as well as the way people may interact with the artwork/memorial.
3. Relevant Experience of Artist (if applicable) – Experience and professional record of artist/s should provide convincing evidence of ability to successfully complete the project as proposed.
4. Permanence/Maintenance – Due consideration will be given to the structural and surface soundness, operational costs and inherent resistance to theft, vandalism, weathering, and excessive maintenance.
5. Technical Feasibility and Installation Method.
6. Budget, if applicable, and cost for the City to accept and maintain the artwork/memorial.
7. Diversity
8. Other considerations include the following:

• Approval by other Boards and Commissions. When applicable, the Donor is responsible for the review and approval by the Historic and Design Review Commission, Parks Board, and any other boards and commissions deemed necessary for final approval.
• Approval of City Department. The City Department in which the donated public art memorial will be located (e.g. Department of Parks and Recreation) must agree to the maintenance responsibilities, if applicable, as outlined in the donor’s application.
• Associated Costs. Donations of public art memorials that require the City to pay for costs such as installation, transportation, site preparation or repair are not encouraged. The Public Art Board and its GLMC will evaluate such expenditures at the time the work is considered. Public Art Memorials requiring high or excessive maintenance may be declined or the donor may be required to provide funds for installation and maintenance of the public art memorial.

(e) ELIGIBILITY/CRITERIA

 Public Art Memorials must conform to the criteria outlined within the City of San Antonio’s policies regarding Markers, Memorials, and Plaques.

• Placement/Site Considerations. If a donor has specified a site, the artwork should significantly contribute to the setting, from a functional or design standpoint, and significantly enhance the chosen location in a way meaningful to the public. The following factors will be considered;

1. Visibility
2. Traffic patterns (both interior and exterior)
3. Public safety
4. Relationship to existing planned architectural and natural features
5. Users of the site
6. Future development plans for the area (if known)
7. Landscape design
8. Existing artwork within the proposed site vicinity
9. Environmental concerns
10. Public accessibility to the work, including ADA requirements
11. Social context (intended use of the work if any)
12. Significance to the proposed artwork
13. Adherence to the City of San Antonio’s policies regarding Markers, Memorials, and Plaques.
14. Adherence to Existing Master Plans. Artwork/memorial should adhere to any existing master plans of the proposed site.

(g)    FINAL RECOMMENDATIONS AND ACCEPTANCE. Final recommendations and approvals of donated public art memorial will be made by the Public Art Board upon recommendation of its GLMC and acknowledged through a written statement to the donor or donor’s agent. The Public Art Board has the responsibility of reviewing and approving the aesthetic appropriateness of a public art memorial and making recommendations whenever necessary to the historic and design review commission. The Historic and Design Review Commission shall have the responsibility of reviewing and approving public art memorials requiring a certificate of appropriateness for their placement within a City designated historic district.  Final acceptance will require an Acceptance Agreement approved by City Council.

1. This agreement between the City and the donor will be prepared by the CIMS department through PASA staff and authorized by City Council. It will describe the terms and conditions under which the public art memorial is to be accepted, including responsibilities for installation, fabrication (if applicable), site preparation, insurance, ongoing maintenance, conservation, informational signage, etc. Included in the agreement will be a statement that the City retains full rights of reproduction, removal, relocation, and de-accessioning, subject to PASA adopted guidelines, policies, and procedures and review by the Public Art Board, of the public art memorial donation. 
2. PASA seeks to ensure the ongoing integrity of the public art memorial and the sites for which they were created, to the greatest extent feasible, in accordance with the artist’s original intentions, and consistent with the rights afforded by the 1990 Visual Artists Rights Act.
3. The following are also required for final acceptance:

(A) Complete records of accession including, but not limited to, a signed deed of gift, acknowledgment of receipt, and a copy donor’s application.
(B) Verification that the work is unique and an edition of one (unless stated to the contrary in the agreement and accepted by the City).
(C) The establishment of an endowment fund if the City’s existing maintenance budget is not sufficient or if the potential maintenance is deemed excessive. In general, public art memorials will be acquired without legal restrictions as to future use and disposition, except with respect to State or Federal laws on preservation, copyright, and/or resale of works of art.

Sec. 35-656.  Guidelines for the Review and Disposition of Art.

1. The condition or security of the artwork cannot be ably guaranteed.
2. The artwork requires excessive maintenance or has faults of design or workmanship and repair or remedy is impractical or unfeasible.
3. The artwork has been damaged and repair is impractical or unfeasible.
4. The artwork endangers public safety.
5. No suitable site is available, or significant changes in the use of character or design of the site have occurred, which affect the integrity of the work.
6. Significant adverse public reaction over an extended period of time.
7. The quality of the artwork is called into question.
8. Written request from the artist has been received.
9. The Public Art Board wishes to replace the artwork with a more appropriate work by the same artist.

1. Review of the artist’s contract and other agreements that may pertain.
2. Discussion with the artist of the circumstances prompting the review.
3. Gathering of opinions of more than one independent professional qualified to recommend on the concern prompting review (conservators, engineers, architects, critics, art historians, safety experts, etc.)
4. Review of written correspondence, press and other evidence of public debate, if applicable.
5. Review the artwork’s historic significance or if placed within a City designated historic in accordance to Historic Design and Review Commission, if applicable.

1. A recommendation of reasonable measures is formulated to address the concerns that prompted the review and forwarded to Public Art Board by the PASA Program Director.
2. The recommendation shall be reviewed at an open public meeting of the Public Art Board and upon its acceptance by the Public Art Board, the PASA Program Director shall take necessary steps to implement the recommended action, if short of “removal.”
3. If the recommendation is removal, or if Public Art Board determines that reasonable efforts to resolve the concern(s) which prompted the review have been made but have failed to resolve the situation, then Public Art Board shall appoint a mediating organization or consultant to designate a panel of impartial persons qualified to carry out steps in considering the removal of the artwork.  The Public Art Board shall consider the varying needs of the parties to the dispute in selecting the mediating organization or consultant.
4. The mediating organization/consultant may draw panel members from groups such as preservationists, art historians, museum curators, artists, urban planners, arts or public interest lawyers, social psychologists, policy analysts, and community improvement activists. The Panel shall:

1. Review the Public Art Board’s determination that reasonable efforts to resolve the concern have been made, yet have failed to resolve it.
2. The panel may recommend any specific measures to resolve the concern including relocation or removal.  This recommendation shall provide a reasonable timeframe in which to carry out the recommended measures.
3. Upon the Panel’s determination that the Public Art Board’s decision was correct, or that recommendations referred to in (1a) above have not resolved all concerns, the panel shall then consider the following, in the following order of priority:

• Relocation of public display (if the work was designed for a specific site, best efforts should be made to relocate it to a new site consistent with the artist’s intention.  As a courtesy, the artist(s) should be consulted in this determination. In the event of death or incapacitation of the Artist, best efforts should be made to consult and/or notify the executor of the Artist’s estate as to the proposed disposition of the work of art in question.)
• Removal from the collection by sale, extended loan, or gift.  Three independent professional appraisals of the fair market value of the work shall be secured on which to base decisions.
• If sale, trade, gift, extended loan, or relocation is not feasible, the work will be destroyed.

i.    If feasible, the artist should be given first option on purchase.
ii.    Sale may be through auction, gallery resale, or direct bidding by individuals.
iii.    Trade may be through artist, gallery, museum, or other institutions.
iv.    Proceeds from the sale of the work of art shall be deposited into an account to be used for future public art projects. Any pre-existing contractual agreements between the Artist and the (Responsible Agency) regarding resale shall be honored.
d.    Any of the options enumerated above require the prior approval by Public Art Board, and may require review by Historic Design and Review Commission if artwork is deemed historic or located in a historic district.
(d)    Project Files and Records. PASA shall maintain records on each project, which shall include, but not be limited to the following:

1. All materials in proposals submitted and other visual or written materials relating to the artist’s design or method of execution as submitted or become available.
2. Conveyance of title enumerating any donor conditions.
3. Records of the Public Art Board and City action bearing on the project.
4. Any agreements relating to the project.
5. Correspondence and memoranda relating to the project.
6. Records of all billings made in connection with the project.

(e)    Exceptions. These guidelines shall not apply to:

1. Artwork loaned to the City for one year or less.
2. Artwork loaned for inclusion in temporary exhibitions in City facilities and City-owned and managed by the City
3. Artwork loaned or donated to City employees or appointed City officials for display in their personal offices.
4. Gifts of State presented to the City by other governmental entities (municipal, state, national, foreign).
5. Artwork loaned or donated to the private collections of nonprofit organizations that manage City entities, or included in temporary exhibitions at those facilities.

Sec. 35-657.  Community Outreach.

1. Efforts to raise the level of general awareness about public art and design enhancement, such as slide lectures or presentations to various community groups and service organizations, a regular program of media coverage, and periodic "town hall" meetings in city council districts.
2. Community involvement, including appropriate community meetings before the project is defined, community representation on the artist selection panels, community co-sponsorship of public art and design enhancement projects, and public "unveilings" or dedications.
3. More formal public education programs, including design competitions and design awards, sponsorship of public art and design enhancement lectures by local museums and galleries, guided tours of public art and design enhancement in the city, and periodic symposia on public art and design enhancement.
4. A program for school children that includes the development of curriculum guides for public art and design enhancement, sponsorship of artist residencies in the public schools, and a speaker's bureau on public art and design enhancement for the school system.
5. Media relations efforts that target the local print and broadcast outlets, participation by the Public Art Board and staff members on local media talk shows, and regular press development activities in the form of press releases and media packages.
6. A publication program that includes catalogs and guides to the city art collection, a newsletter to interested citizens, and the creation of posters to accompany the unveiling of new artworks.

Sec. 35-658.  Local and Non-Local Artists.

Share Link: