§ 4-22.11. Gifts of Art to the City.

The Art Director shall review all requests to gift art to the City, and shall recommend to the Culture Commission to accept or decline any art works donated to the City.

(a)

The Culture Commission shall consider the following criteria in determining whether to accept a gift of art to the City:

(1)

Aesthetic considerations to assure art works of the highest quality, based on a detailed written proposal and concept drawing for the project, photographs of the art work, if existing, and documentation of the artist's professional qualifications.

(2)

Financial considerations based on cost of implementation, sources of funding, a maintenance agreement between the City and the donor, and estimated cost to the City over the life of the art work.

(3)

All donations of art works must have a guaranteed source of funding for maintenance.

(4)

Liability based on susceptibility of the art work to wear and vandalism, potential danger to the public and special insurance requirements.

(5)

Environmental considerations based on physical appropriateness to the site and scale of the art work.

(6)

The project does not create any public safety or security issues.

(b)

The Culture Commission may accept gifts of art that do meet these criteria in the following situations:

(1)

Gifts of state presented to the City of Modesto by foreign governments—municipal, state, or national —which may be accepted by the Mayor, the City Council, or the City Manager on behalf of the City.

(2)

Art work or exhibitions loaned for display on City property for two (2) years or less. Review and approval shall be the responsibility of the Art Director, the owners of the art, and the agency or department with jurisdiction over the space involved.

(3)

Displays at City cultural centers and museums.

(c)

The Culture Commission shall consider the following additional criteria in determining whether to accept memorial gifts:

(1)

A person memorialized must have been deceased for a minimum of three (3) years or an event memorialized must have occurred at least three (3) years ago;

(2)

The memorial has timeless qualities and makes a statement of significance to future generations;

(3)

The memorial represents a person or event deemed significant to the community's history;

(4)

Ramifications to the proposed site are considered including the possibility of diminishing public access or limiting use; and

(5)

Alternative sites on private property were considered and determined inappropriate.

(Ord. No. 3617-C.S., § 1, effective 6-12-15)