The purpose of this article is to provide a funding source to support a public art program that includes both visual and performing arts and to support a process for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning art of the highest standards which will expand the opportunity for city residents and visitors to experience a variety of cultural art experiences.
(Code 1975, § 17-61)
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:
Artwork
means all forms of visual arts conceived in any medium, material or combination thereof, commissioned or purchased by the city including those received as gifts to the city.
Artist
means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artworks.
Deaccessioning
means the removal, relocation, selling or trading of artworks owned by the city.
Donations and gifts
means art donated to the city from a private individual or institution and/or other outside sources.
Internal review committee
means a standing committee that makes recommendations to the city council on public art and art activities.
Performing arts
means, but is not limited to, professional musical entertainment and theatrical productions.
(Code 1975, § 17-62)
(a) 
Generally.
The policy in this article applies to all artwork commissioned or acquired by the city, designed by a professional visual or performing artist, or team of artists. Such artwork or performing art may include, but are not limited to:
(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 included an artist codesigner.
(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 artist.
(3) 
Earthworks, 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 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) 
Any genre of performing arts deemed appropriate by the internal review committee.
(b) 
Work to which policy does not apply.
This policy and the review process defined herein do not apply to the following ineligible artwork:
(1) 
Art objects 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.
(2) 
Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by artists commissioned for that purpose.
(3) 
Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork by the artist.
(4) 
Any production not considered professional by the internal review committee.
(Code 1975, § 17-63)
(a) 
Creation of account; administration.
There is hereby created an account to be used solely for the commissioning or purchase of artwork, and indirect related implementation and maintenance of the project. This account may also be used to fund performing arts as recommended by the internal review committee. Funding may be allocated for nonreoccurring, professional musical entertainment of all genres, theatre productions and dance that are unique to the area and of high quality. Such programs will be administered through the cultural arts division.
(b) 
Sources of funding.
The account created in subsection (a) of this section shall be referred to as the "Arts Fund" and will be accounted for as a special cash account in the donations fund group of accounts. Funding will be achieved through the following:
(1) 
Revenue from antenna lease agreement with Metricom and other subsequent antenna lease agreements;
(2) 
Grant monies from arts agencies and foundations; and
(3) 
Contributions from the private and public sector.
(Code 1975, § 17-64)
(a) 
Generally.
The cultural arts division through the parks and recreation department or as otherwise designated by the city manager shall administer the public art program including artwork received as gifts to the city. The cultural arts division shall commission or purchase all artwork after consultation with the internal review committee and city manager with final approval by the city council.
(b) 
Procedures.
The division of cultural arts or as otherwise designated by the city manager shall develop policy procedures for the execution of the public art program. The procedures shall detail the general administration of the program and shall include, but are not limited to:
(1) 
The duties of the internal review committee;
(2) 
The rights and responsibilities of the artists selected;
(3) 
The receipt and placement of artwork received as gifts to the city; and
(4) 
The placement of artwork purchased or commissioned.
(Code 1975, § 17-65)
(a) 
Aesthetic excellence.
The art projects shall strive to be of the highest aesthetic and enduring value created by an artist who has the necessary experience to execute the accepted design and has considerable experience working with art committees and art in public places projects.
(b) 
Site specific.
The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context.
(c) 
Durability of design and materials.
Art projects shall be designed with consideration of minimum maintenance and requirements and maximum resistance to vandalism.
(Code 1975, § 17-66)
The internal review committee shall determine the appropriate artist selection, which are:
(1) 
Limited competition.
Committee may invite a limited number of artists to submit credentials and proposals.
(2) 
Open competition.
Any artist may submit credentials or proposals subject to any requirements established by the internal review committee. 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.
(3) 
Direct selection.
The internal review committee may directly select an artist or artists. 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 or very specific project requirements.
(Code 1975, § 17-67)