It is the purpose of this Chapter and the policy of the City to promote and acquire public art and to dedicate two percent of the total eligible costs or two percent of the total eligible funds of all improvement projects (whichever is less) to public art. Public art contributes to experiences that enrich the social, physical and cultural environment of Portland and promotes dialogue among people of all ages and backgrounds. This Chapter will be implemented in a manner that benefits all Portlanders, including historically underserved communities and neighborhoods.

1. As used in this Chapter:
2. A. Improvement project means any project paid for wholly or in part by a participating bureau in which the participating bureau’s contribution of eligible funds equals $50,000 or more for the construction, rehabilitation, remodeling, improvement or purchase for a public use of any building, structure, park, public utility, street, sidewalk or parking facility or any portion thereof within the limits of the City.
   1. 1. Maintenance and repair does not constitute an improvement project.
   2. 2. Improvement projects that are developed privately and leased back to the City are not exempt from the provisions of this Chapter.
   3. 3. The purchase of improved or unimproved property by Prosper Portland solely for resale or redevelopment, in which property is not otherwise to be put to a governmental use, does not constitute an improvement project subject to the provisions of this Chapter.
3. B. Artist-in-residence means an artist in any discipline who explores new working methods to develop socially engaging, interactive art experiences with City bureaus through either permanent or temporary artworks.
4. C. Creative space means a physical location or a mobile location like a truck that is owned, leased, rented by, donated to, or otherwise made available to the City that has the exclusive purpose of facilitating the creation or display of visual, performing, cultural or other artworks.
5. D. Eligible costs means the participating bureau’s capitalized costs for completion of an improvement project, including costs for capitalized tenant improvements. Eligible costs do not include costs for: administration, fees and permits, building demolition, relocation of tenants, environmental testing, environmental remediation, non-construction contingency or indirect costs, such as interest during construction, advertising and legal fees. When an improvement project involves the acquisition of real property, costs attributable to land acquisition are not eligible costs, while costs attributable to improvements on the real property are eligible costs.
6. E. Eligible funds means a participating bureau’s monetary contribution to an Improvement Project. The following are not eligible funds: private development revenue, federal and state grants that preclude public art as an object for expenditure, Local Improvement District revenue, Water Operating Fund revenue, Water Construction Fund revenue, Sewer Systems Operating Fund revenue, Sewer Systems Construction Fund revenue and revenue from any other funding source subject to legal restrictions that preclude public art as an object for expenditure.
7. F. Office of Arts & Culture means the City’s internal program and its staff who work with City bureaus, Council offices, and external partners to support the City’s vibrant arts and culture ecosystem.
8. G. Public art means original creative work that is accessible to the public and/or public employees and that has been approved as public art by the Office of Arts & Culture.  This definition must be liberally construed to support this Chapter’s purpose, including but not limited to physical art works, artists-in-residence and creative space.
9. H. Public monuments refers to three-dimensional works of art or structures that are publicly displayed with the purpose of memorializing or honoring a specific person, place, or event. In the context of this policy, Public monuments are distinct from other forms of public art, such as two-dimensional murals or three-dimensional plaques located in parks, which are primarily designed to provoke conversation and provide education. Unlike these other art forms, public monuments specifically serve as commemorative structures, often carrying historical, cultural, or social significance.
10. I. Participating bureau means a City bureau or commission that funds an improvement project within the meaning of this Chapter.
11. J. Selection panel means a group responsible for reviewing proposed public art. The selection panel will make a recommendation on the selection of public art to the Office of Arts & Culture. Selection panels must include a representative of the participating bureau, the improvement project architect or engineer, one or more artist(s), and one or more Portland resident.

1. Any City official or employee acting on behalf of a participating bureau who authorizes or appropriates expenditures for an improvement project will include in the capital improvement program of the City’s capital budget, and except as provided in this Chapter for funds used to generate creative space, disburse to the Office of Arts & Culture, a monetary contribution for public art equal to two percent of the total eligible costs or two percent of the total eligible funds of the improvement project, whichever is less.
2. A. The participating bureau representative will authorize using the contribution of eligible costs or eligible funds for:
   1. 1. Public art sited in, on or about the subject improvement project; or
   2. 2. Public art on another property owned, leased, rented by, donated to or otherwise made available to the City; or
   3. 3. Artists-in-residence; or
   4. 4. Creative space; or
   5. 5. Any combination of Subsections 1. through 4.
3. B. The City Administrator may adopt administrative rules and procedures to implement this Section that, to the greatest extent practicable, will set forth the same procedures to be followed by all participating bureaus.
4. C. The Office of Arts & Culture or designee will develop project plans for eligible costs or eligible funds that take into account the views of the participating bureau, with final approval of the project plans from the City Administrator.

1. The Office of Arts & Culture will maintain a special fund called the Public Art Trust Fund into which funds dedicated to public art, excluding creative space, pursuant to Section 5.40.030 will be deposited.
2. A. The funds will be deposited into the Public Art Trust Fund, and allocated as follows:
   1. 1. For all public art that is not creative space, as follows:
      1. a. 63 percent will be used for costs associated with acquisition and production of public art including, but not limited to the procurement, creation, fabrication, and installation of public art.
      2. b. 27 percent will be used for costs of administration and management associated with public art, including, but not limited to costs of selection, project management, community education and registration of public art.
      3. c. 10 percent will be used for the maintenance, conservation and deaccessioning of public art.
3. B. The funds will be deposited in separate accounts within the Public Art Trust Fund if separate accounting is required by law.
4. C. Disbursements from the Public Art Trust Fund will be made by the Office of Arts & Culture.
   1. 1. Disbursements will be made according to the terms of this Chapter and any guidelines adopted it.
   2. 2. If an improvement project is funded by revenue sources whose expenditure is restricted by the City Charter or other law, the Office of Arts & Culture or its designee, prior to making a disbursement for public art from that restricted account in the Public Art Trust Fund, will adopt written findings demonstrating that the proposed disbursement complies with all applicable restrictions.

Participating bureaus wishing to dedicate eligible costs or eligible funds towards the creation or improvement of creative space must obtain written approval from the City Administrator. Requests must be submitted to the Office of Arts & Culture. Funds may not be used for programming or staffing.

Bureaus are responsible for operations and maintenance of creative space generated through this program and must submit an operations plan, five-year programming plan, estimated annual budget and equity statement for the creative space.

If any part of an improvement project is a creative space, the participating bureau may, after obtaining written approval from the City Administrator, opt to dedicate its eligible costs or eligible funds for future maintenance of the creative space.

The City Administrator may adopt administrative rules and procedures to implement this Section that, to the greatest extent practicable, will set forth the same procedures to be followed by all participating bureaus.

Public art selected pursuant to this Chapter may be sited in, on or about any improvement project or other property owned, leased, or rented by, donated to, or otherwise made available to the City in accordance with any restrictions placed on siting by the participating bureau.

All public art acquired pursuant to this Chapter will be acquired in the name of the City, and title will vest in the City.

Except as limited by other Sections of this Chapter, the Office of Arts & Culture will make decisions as to the management and registration of public art, and disbursement of the Public Art Trust Fund.

1. A. A public monument may be considered for review based on one or more of the following reasons:
   1. 1. There is sustained and significant adverse public reaction or reasonable large-scale community opposition to the public monument.
   2. 2. The artist, donor, or subject of the public monument, or their descendants, provides a written request to the City seeking removal of the monument from public display.
   3. 3. Community members most affected by the monument’s historical and cultural context have expressed a negative impact on community wellbeing.
   4. 4. The subject or impact of a public monument is significantly at odds with the City’s values of anti-racism, equity, transparency, communication, collaboration, and fiscal responsibility.
   5. 5. The public monument is damaged or requires restoration in gross excess of its value or is in a deteriorated state that restoration is either not feasible or impractical.
   6. 6. The public monument interferes with the practical use of the site or significant changes in the use or character of design of the site affect the integrity of the monument.
   7. 7. The location of a site-specific public monument provides an environmental risk or is so severely altered that the work’s installation is no longer physically possible or conceptually relevant, or no suitable site for the monument is available.
   8. 8. The monument requires excessive repair or unreasonable maintenance or has physical faults in design or workmanship.
   9. 9. The work does not fit within the mission, goals, and objectives for the City’s public art program.
2. B. If a public monument meets one or more of the criteria outlined in Subsection A., and is subsequently identified by the Office of Arts & Culture or its designee as requiring further review, the Office of Arts & Culture or its designee may provide a report to City Council and Historic Landmarks Commission detailing the nature of the issues raised. The report may include the following recommendations:
   1. 1. A recommendation for the Office of Arts & Culture, or its designee, to review the public monument in question and provide a report and recommendations to the City Council. If review is initiated by the public, the recommendation must include the following elements:
      1. a. Addition of historical context or information related to the public monument designed to enhance public understanding and awareness;
      2. b. Community engagement meetings such as town halls, public forums, and conversations;
      3. c. Evaluation of both historical and current community feedback, utilizing quantitative and qualitative measures as feasible;
      4. d. An analysis of the subject of the public monument in relation to the City’s core values;
      5. e. Review of the public monument subject, the donor of the piece, the artist, and historical acquisition of the monument;
      6. f. Assessment of the public monument as an ongoing rally point for gatherings centered on racist or bigoted ideology; and
      7. g. Examination of any legal considerations related to the disposition of the public monument.
   2. 2. A recommendation to appoint a Monuments Advisory Commission, with a primary purpose of evaluating the public monument(s) in question and providing recommendations to the Mayor and City Council. The commission will, to the extent possible:
      1. a. Represent a diverse body of at least six public members, including a minimum of two artists, one historian, one subject matter expert, and two community members most affected by the artwork’s historical and cultural context.
      2. b. Produce a report to the City Council, or designee, and include the following engagement activities:
         1. (1) A series of virtual and/or in-person community forums, listening sessions and town halls.
         2. (2) A minimum six-month public engagement process with artists and community members most affected by the public monument and develop creative responses or engagement activities in response to the public monument in question.
3. C. If the public monument does meet criteria outlined in Subsection A., but is not considered for further review, the Office of Arts & Culture or designee will issue a response to the complainant within 90 days.

The Office of Arts & Culture, or its designee, will implement the provisions of this Chapter, in cooperation with all participating bureaus.