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A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks.

1. Artworks may be acquired by direct purchase, commission, gift or any other means.

2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties.

3. The City shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly provided in the contract with the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession.

4. The City shall only acquire artworks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, without written permission by the City, and 2) the artist gives permission to the City to make a two-dimensional reproductions as long as all such reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date of completion.

5. Complete records, including contracts with artists, shall be created and maintained for all artworks in the Ashland Public Art Collection.

B. Removal.

1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required for a removal recommendation.

a. The site for an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered.

b. The artwork is found to be forged or counterfeit.

c. The artwork possesses substantial demonstrated faults of design or workmanship.

d. The artwork causes excessive or unreasonable maintenance.

e. The artwork is damaged irreparably, or so severely that repair is impractical.

f. The artwork presents a physical threat to public safety.

g. The artwork is rarely displayed.

h. A written request for removal has been received from the artist.

2. Council Removal Process.

a. On its own motion, or following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public Art Collection in their sole discretion.

b. Acceptance or placement of donated art by the City does not guarantee continuous public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site.

c. Removal officially deletes the work from the City of Ashland Public Art Collection by a relinquishment of title to the artwork; thus, eliminating the City’s obligation to maintain and preserve the artwork.

d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist.

3. Removal and Disposal.

a. The City may donate the artwork to another governmental entity or a nonprofit organization.

b. A work that is deemed to have retained sufficient monetary value to warrant resale shall be disposed of through a public sale, auction, or any other means as established by city ordinance.

c. Artworks removed from the Ashland Public Art Collection may be disposed of through any appropriate means, including the City’s procedures for the disposition of surplus property.

C. Borrowing of Artworks.

1. The Commission may also recommend artworks be borrowed.

2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed works shall be the same as those established in this article for acquisition.

3. The borrowing of artworks shall be pursuant to written agreement between the City and the artist.

4. Nothing herein prohibits the City from securing other works of art or art exhibitions for display inside its facilities. (Ord. 3003, added, 02/18/2010)