Chapter 12.35
PUBLIC ART
Sections:
12.35.030 Obtention processes.
12.35.050 Memorials and monuments.
12.35.060 Collection management.
12.35.070 Re-siting and deaccessioning works of art.
12.35.010 Definitions.
A. “Artist” means an individual generally recognized as a practitioner of the visual arts or performance art as judged by the quality of the practitioner’s body of work, educational background and experience, past public commissions, sale of works, exhibition record, publications, and production of artwork.
B. “Artwork” means works in any style, expression, genre, and media created by an artist as defined herein that may be permanent, temporary, and functional. Artwork may be stand-alone and integrated into architecture, landscaping, or other site development if such are designed by an artist as defined herein. Excluded are gifts of state by foreign governments or by other political jurisdictions of the United States.
C. “Arts professionals” means artists, curators, educators, and others who engage in specialized practices pertaining to the visual arts or performance art for compensation.
D. “Capital improvement project (CIP)” means any city projects listed in the annual capital improvement projects budget. These will typically include facility construction and upgrades, added amenities, and other one-time projects.
E. “City” means Eagle Mountain City.
F. “Conservation” means the activities required to repair, restore, and conserve a damaged or malfunctioning artwork, including treatment that returns the artwork to its original condition.
G. “Deaccession” means the removal of artwork from the city’s collection and care.
H. “Gathering place” means an outdoor, public place generally located within an area that has one or more uses (civic, commercial, retail, and/or residential), and which is designed with the intent for social interaction and other passive, nonrecreational activities.
I. “Gift” means art donated to the city from an institution, private individual, or other outside source.
J. “Loan” means artwork provided to the city for its use for a designated period of time and then returned to the owner at the conclusion of the loan period.
K. “Maintenance” means all activities required to conserve, repair, or preserve the integrity of the artwork and setting within which the artwork is located. Routine maintenance is limited to the basic day-to-day care of the artwork.
L. “Memorials” means markers, statues, and other similar permanent installations to express government speech, as further described in this policy, and which are installed by the city on city property, or which are accepted by the city and installed on city property with city permission. Memorials may be in various forms including plaques, sculptures, fountains, or other forms of memorials as determined by the city.
M. “Performance art” means a performance presented within a fine art context, usually in collaboration with other interdisciplinary artists. The performance may be live or via media and the performer may be present or absent.
N. “Public art” means artwork located in a public place on land or in a building owned by the city.
O. “Public place” means an area on public or private property that is freely accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises, including public rights-of-way, landscape areas, entry plazas, building facades, interior lobbies, meeting spaces, and rooftop gardens.
P. “Request for proposals” means the solicitation of competitive sealed proposals for procurement of public art. This includes all documents, whether attached or incorporated by reference, used for soliciting proposals.
Q. “Request for qualifications” means the solicitation of information about the qualifications of a person interested in responding to a potential procurement of public art. This includes all documents, whether attached or incorporated by reference, used for soliciting qualification. [Ord. O-55-2023 § 2 (Exh. A)].
12.35.020 Siting public art.
The city council may consider any relevant factor in determining where to locate public art. In its discretion, it may additionally consider the following criteria when deciding on a location for public art:
A. Balanced Distribution. Public art is beneficial to all the city residents and therefore should be found in various locations throughout the city. The council should consider where public art is not already found within the city to ensure a good distribution of public art, similar to distribution of public parks;
B. Ease of Maintenance. Art requires regular cleaning and maintenance. Maintenance requirements will vary depending upon the type of art, but the site should allow for routine maintenance to be performed with relative ease;
C. Gathering Places. In some cases, public art may be sited in a particular area to create a gathering place. City council should consult with staff to review these efforts so that appropriate projects are incorporated into targeted spaces;
D. Public Access. Public art should be accessible to the general public. Public art should not be in a place that restricts any individuals or groups from accessing the art; and
E. Safety. Public art should not be sited in locations where public safety may be compromised. Public art should not impede clear-vision triangles, conceal traffic signage, or otherwise create a hazardous environment for motorists, pedestrians, and so forth. [Ord. O-55-2023 § 2 (Exh. A)].
12.35.030 Obtention processes.
A. Artist Solicitation.
1. Request for Qualifications.
a. Request for qualifications can be an effective and efficient method to issue a call for artists. A request for qualifications requires minimal expenditures of time and money from artists as well as minimal costs to the city. The request for qualifications should identify the general nature of the public art project and call for an artist’s vita/portfolio, references, and a statement of interest about the project.
b. The request for qualifications process does not anticipate that artists prepare, or present specific ideas based on the limited information provided in the request for qualifications. The request for qualifications shall provide at least three weeks for applicants to respond, unless the city determines that a shorter period is adequate.
c. City staff shall review, consider, and evaluate applicants’ materials and compile a short-list of qualified artists. City staff may hold interviews with short-listed artists. Following that process, city staff shall present the matter to the city council. The city council may then do one of the following:
i. The council may select an artist. City staff will then negotiate a contract with the artist to be presented to the city council for approval. The city council may select an artist and approve a contract in the same meeting;
ii. The city council may request city staff to prepare a request for proposals and invite a small number of finalists to submit a response; or
iii. The city council may reject all applicants.
2. Request for Proposals.
a. Request for proposals may be employed on a case-by-case basis. City staff will ask artists to develop a site-specific conceptual idea for the project. Artists may learn more about the project through site visits, interactions with project personnel, and an understanding of constituent interests.
b. A request for proposals shall allow sufficient time for artists to develop a site-specific proposal, usually four to six weeks. The city council may allow for any amount of time to respond that it deems reasonable.
c. It is customary that the artists be paid an honorarium for their submissions. The city council may choose to offer an honorarium as part of the request for proposals process. All proposal materials should be returned to artists not selected for the project and the city recognizes that all ideas presented for the project, including copyright, belong to each artist.
d. The outcome of a request for proposals shall be either the selection of an artist or a rejection of all artists.
e. After an artist is selected, the city council will approve the design and a contract will be signed with the artist.
B. Criteria for Selection. The city council may consider any criteria that it deems relevant to the selection of public art. By enumerating certain criteria, the city does not create any right or expectation of selection. However, the city council will generally consider the following criteria in its selection process:
1. Community Input. Public art is often a reflection of the culture and interests of the residents of the city in which it is located. Therefore, it is valuable to collect community input during the process. Public art proposals shall be shared in city council meetings prior to selection and the public is invited to provide comments at those meetings. Additional public outreach may be conducted at the city council’s discretion.
2. Artist Selection Criteria. The city council may consider the following criteria when selecting an artist:
a. Whether the artist is an arts professional;
b. Demonstrated artistic excellence, innovation, and originality as represented in past work and supporting materials;
c. Demonstrated capacity for working in the selected media and with concepts that are appropriate to the project goals and site;
d. Demonstrated interest and capability in creating public art in collaboration with the city, the design team (if applicable), and other project partners;
e. Demonstrated experience in successfully completing artwork of similar scope, scale, budget, and complexity, or ability to articulate how he or she would be able to bring the necessary artistic and technical skills to this project;
f. Demonstrated interest in and understanding of the project;
g. Availability to perform the scope of the work in a timely and professional manner and within the defined budget; and
h. Whether proposed artwork contributes to the diversity of the city’s public art collection.
3. Artwork Selection Criteria. The city council may consider the following criteria when selecting public art:
a. Quality. Public art should be of exceptional quality and enduring value. Consideration may include artist’s experience in successful projects, material selection, craftsmanship, and the general appearance of quality.
b. Authenticity. Public art should be authentic to the community and its surroundings. In evaluating authenticity, the city council may look at the following criteria in determining whether a work is authentic:
i. Whether the work is original or identical of something already existing in the collection. Matching works at different sites for the purpose of creating a pattern throughout the city may be considered original artwork;
ii. Whether the work of art is compatible in style, scale, material, form, and content with its surroundings; and
iii. Whether the work of art forms an overall relationship with either the site and/or the collection as a whole.
c. Engagement. A vital element of public art should be the connection of the work to the community. The artwork should have the ability to engage the community from conception to completion. The city council may use the following criteria in determining whether a work properly engages the community:
i. The work helps the community feel both ownership of the art, as well as an ongoing appreciation of the work.
ii. The public art installation tells a story of the community’s past or present, or portrays a sense of place, people, and spirit that live there.
iii. The artwork speaks to a specific community, area, or neighborhood, or unites our diverse community.
d. Creativity. Public art should be lively and full of creativity. Creativity can be communicated through a wide range of artistic styles. The city council may consider whether the artwork creates excitement, is unique and/or original, or inspires and creates a sense of wonder.
e. Other Considerations. Public art should not create safety or liability issues, should be accessible to the public, be durable against the elements if applicable, and be compatible with city building codes. The public art installation should not require excessive maintenance or repair costs. Lighting should adhere to the dark sky restrictions. [Ord. O-55-2023 § 2 (Exh. A)].
12.35.040 Gifts and loans.
Cultural institutions, private individuals, foundations, corporations, or other organizations may wish to give or loan the city an artwork for public display. Gifts and loans have the potential to enrich the city’s public spaces. However, it is important to consider carefully whether the proposed gift or loan aligns with the vision and goals of the city and to understand the related costs and risks of any gift or loan. The decision of the city to accept a gift or loan of public artwork does not provide any rights to the donor or owner of the artwork and the decision whether to display the artwork shall continually remain with the city and is subject to change.
A. Review Process for Gifts and Loans. The city council shall review proposed gifts and loans to ensure that:
1. Gifts meet the high artistic standards and/or historical relevance for inclusion in the city public art collection;
2. An available site, appropriate for the artwork’s content, scale and material, can be identified;
3. Factors for determining and identifying an appropriate site include relationship to architectural and natural features, visibility, public access, traffic patterns, public use patterns, and, if known, future development plans for the site;
4. Donor requirements and restrictions, if any, are clearly identified; and
5. Installation, maintenance, and repair costs throughout the expected life of the artwork are clearly defined.
B. Gift/Loan Proposal Requirements. The following information should be included in all gift or loan proposals:
1. Drawings, photos and written descriptions of the artwork including size, colors, weight, materials, and any information that will establish that the artwork has the requisite physical integrity necessary for public art including withstanding exposure to the natural elements;
2. Explanation of how the artwork supports the city’s vision;
3. Artist background;
4. Proposed location of installation;
5. Method of display, and required site improvements such as hardscaping, landscaping, buildings, utilities, security devices, anchoring, etc.;
6. Cost estimates and funding source for installing the artwork including, but not limited to, site improvements, foundations, landscaping, seating, lighting, and other improvements;
7. Written explanation of legal issues including, but not limited to, certifying the current legal owner of the artwork and the existence of any copyrights, patents or other title rights in or to the artwork; insurance policies and responsibilities; an explanation of any conditions or limitations on the donation of the artwork;
8. Estimated fair market value of the artwork;
9. Cost estimate and funding source for ongoing maintenance, conservation, and insurance;
10. Report of the condition of the artwork and, when feasible, an inspection of the actual artwork;
11. Anticipated date(s) for the gift or loan to occur; and
12. Any additional information the city deems necessary or appropriate.
C. Acceptance of Gifts and Loans. Once reviewed, staff shall recommend to the city council whether to accept or reject the artwork. City council will have final approval for the acceptance of any loans. Should the artwork be accepted, the terms and conditions for acceptance should be detailed in a written gift or loan agreement between the city and the donor. This agreement shall describe the roles and responsibilities of the city and the entity or individual lending or gifting the artwork. The city council shall approve the agreement before it becomes effective. All future decisions regarding the use, display, and continued ownership of gifted artworks will be under the sole discretion of the city. As owner of a gifted work, the city, in its sole discretion, may exercise all legal rights of ownership including, but not limited to, sale, relocation, or removal of the artwork. [Ord. O-55-2023 § 2 (Exh. A)].
12.35.050 Memorials and monuments.
The city may occasionally allow the installation of donated permanent memorials on city property to commemorate persons or events of note to the city’s history. The city seeks to establish a standard measure for review of prospective memorials to ensure that only monuments of the highest standard are accepted. The following policy for the acceptance of memorials defines the types of donations that the city will accept and establishes criteria for review and acceptance.
The city will only accept memorials that are of the highest quality. Memorials must meet the subject criteria outlined below. For the city to accept donations of memorials, it must first determine that there is an identified space for exhibition on city property or within city facilities. The city will not accept memorial objects that are unlimited reproductions or are mass-produced. Memorials may be created in media, such as paintings, mosaics, sculpture, or other site-specific installations.
A. Criteria for Consideration.
1. The placement of memorials shall be limited to circumstances of highest community-wide importance, both to maintain the significance of such memorials and to minimize conflicts with active and variable use of public spaces.
2. Memorials should convey a powerful connection between the city, its natural setting, and its history.
3. Memorials should recognize significant circumstances, events, or people or provide information on topics approved by the city council as set forth below:
a. The contributions of individuals or groups who made a substantial impact upon the city;
b. The history of the city, the state of Utah, or the United States;
c. Historical, natural, or cultural influences on the city; and
d. Local innovation or creativity that has contributed to the city’s growth and prosperity.
4. The city does not permit the installation of memorials to living persons, and a minimum of five years between an event and its commemoration is recommended to allow for sufficient historical perspective.
5. The city council may decide, in its sole discretion, to reject a proposal for a memorial and/or may determine the appropriate site for any and all city memorials.
B. Procedures for Acceptance of Memorials.
1. Application.
a. Potential gifts of memorials must first be submitted to the communications director and community development director for initial review.
b. If approved by the communications director and community development director, the donor must submit the following to city council:
i. A letter from the donor stating the purpose and significance of the memorial;
ii. A model, color photograph, or color rendering of the proposed memorial. If the work is three-dimensional, multiple views are required;
iii. If the memorial is an artwork – a professional assessment of the artwork’s condition performed by a conservator and accompanied by maintenance requirements, the artist’s resume, and information on the artwork’s context, provenance, and history (e.g., where it has been shown, who owned it previously, etc.);
iv. A letter of authentication from the artist or the artist’s estate; and
v. Evidence that there are sufficient funds available for the fabrication, installation, and ongoing care of the memorial.
2. Evaluation Criteria.
a. The donor demonstrates that the person, group, or event being memorialized by the city has made a significant enough contribution to merit a memorial of the scale, cost, and visibility proposed.
b. The memorial does not duplicate existing memorial themes.
c. The proposal has been through community outreach conducted by the group or person suggesting that the city install the memorial, and the installation and maintenance of the memorial is within the priorities of the workplace of the responsible department.
d. The proposed memorial is not objectionable to the relatives of the persons or community that it is intended to honor.
e. The proposed site for the memorial is related to its purpose as designated in a master plan or other approval of the city council as a particularly appropriate site.
f. There is a committed and verifiable funding source for the review, design, fabrication, installation, and maintenance of the memorial before proceeding to incur city costs and staff time.
3. Acceptance. If the memorial is accepted by the city council, the following requirements will apply:
a. The artist, donor, or sponsor of a memorial will be required to pay for all installation costs and commemorative plaques associated with its placement on property belonging to or under the control of the city.
b. The donor shall grant the city the right to convey the work to another site, to storage, or for conservation.
c. The donor shall grant the city the right to deaccession any accepted memorials under this policy with city council review.
d. The donor must provide documentation of adequate maintenance for the life of the memorial.
e. Upon acceptance of donation, the donor will receive an acknowledgement letter.
f. If the prospective donation of a memorial is not accepted, the city council will provide written notification and explanation to the donor. [Ord. O-55-2023 § 2 (Exh. A)].
12.35.060 Collection management.
A. Documentation. The city should maintain a full and centralized inventory of all city-owned artworks. This inventory could include information about the artworks including:
1. Name of artist(s);
2. Title;
3. Location;
4. Year completed and installed;
5. Media;
6. Dimensions;
7. Source of funds;
8. Brief description;
9. Maintenance and conservation needs;
10. Schedule of maintenance or conservation.
B. Conservation and Maintenance.
1. Works of art should be cleaned regularly and/or otherwise maintained by the city facilities staff or by authorized professionals as necessary. Artworks should be maintained in a manner appropriate to the medium and characteristics of the artwork. The facilities department should not perform nonroutine maintenance unless specifically requested to do so. In some cases, works of art will need special attention to ensure their proper appearance and longevity.
2. For newly commissioned or purchased works of art, the artist should, unless otherwise stipulated in the contract, guarantee the artwork against any repairs for one year or other period of time specified in the written agreement between the city and the artist. Periodically, city staff should conduct a conservation assessment of the artworks in the city’s collection and attempt to ensure that all necessary repairs are completed. [Ord. O-55-2023 § 2 (Exh. A)].
12.35.070 Re-siting and deaccessioning works of art.
It is important that the city retain the right to remove, deaccession, or relocate any artwork in the public art collection. In exercising this right, the city may consider any factor it deems relevant. Factors may include, among other considerations, excessive maintenance requirements, public safety risks, damage to the artwork, effects caused by changes in the site, or inconsistency with city values. The city council should consider removal or relocation of an artwork by careful, standardized procedures that represent best professional practices in the field of public art.
A. Qualifying Reasons for Relocation or Deaccession.
1. The work conveys a message inconsistent with city values.
2. Security of the work of art cannot be reasonably assured in its present location.
3. The work endangers public safety.
4. The work is damaged, and repair is not practical or feasible; or it no longer represents the artist’s intent.
5. The work requires excessive maintenance or has faults of design or workmanship.
6. A suitable site for display of the work is no longer available. This could include a significant change in the use, character, or design of an existing site which affects the integrity of the work or its display.
7. The work is rarely or never displayed.
8. The quality, authenticity or provenance of the work is called into question.
9. The work has been stolen.
10. The work was purchased as a temporary acquisition and the predetermined exhibition period has been reached.
11. The work has been determined to be of inferior quality relative to the quality of other works in the collection.
12. The city wishes to replace the artwork with a work or works of more significance by the same artist.
B. Relocation. Where possible, a work of art should be relocated instead of deaccessioned. The city council may consider relocating a work of art, should the work of art meet any of the qualifying reasons previously mentioned. If the city council is of the opinion that there is not another appropriate site, the artwork may be stored or deaccessioned.
C. Deaccession. Should the city council conclude that a public artwork must be deaccessioned, the city shall make reasonable efforts to give notice to the artist. The city should make a reasonable effort to avoid deaccessioning artwork, when feasible. The city should generally evaluate means of remedying the issues suggesting deaccession may be warranted, collect professional opinions from conservators, architects, engineers, safety experts, art historians, etc. as applicable, and review the evidence with the city council prior to proceeding with deaccessioning. If reasonable measures do not exist to address the concerns, or the city council determines in its sole discretion that the recommended measures do not resolve the concern(s), the city council will consider the removal or disposal of the work.
1. Removal. If removal is directed, the city shall consider, in order of priority, the following:
a. Relocation.
b. Removal and placement in storage with intent to find a new site. If no site is found within two years, disposal of the work may be considered.
c. Removal by sale, trade, or gift.
d. Destruction of the work.
2. Disposal. Deaccessioned works can be disposed of in the following manners (excluding any prior contractual agreement entered into by the city with the artist or donor at the time of acquisition):
a. For the current market value to the original artist or his/her heirs.
b. As a gallery consignment.
c. At auction, in accordance with the standard city practice with a predetermined opening bid.
d. Only after exhausting above disposal methods, transferring ownership with consideration to: the artist or estate of the artist, a government agency, or a nonprofit agency. [Ord. O-55-2023 § 2 (Exh. A)].