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(a) Works of art selected and implemented pursuant to the provisions of this Chapter may be placed in, or about any public place or, by agreement with the owner thereof, any private property with substantial public exposure in and around the Town. Town officials responsible for the design and construction of public improvements in the Town shall make appropriate space available for the placement of works of art, in consultation with the Commission. The Commission shall advise the Board of Trustee of the Commission’s decision regarding the design, execution and placement of works of art in connection with public improvements. For any proposed work of art requiring an extraordinary operation or maintenance expense, the Commission shall obtain prior written approval of the Board of Trustees before approving the same. Works of art owned by the Town may be loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the Commission, and approved by the Board of Trustees.

(b) All art in public places shall receive the prior review and approval of the Commission. No work of public art shall be removed, altered or changed without the prior review and approval of the Commission.

(c) No work of art financed or installed either wholly or in part with Town funds or with grants provided by the Town shall be installed on privately owned property without a written agreement between the Commission acting on behalf of the Town, and the owner specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the Town Attorney. In addition, such written agreements shall specify that the private property owner shall assure that:

(1) The installation of the work of art will be done in a manner which will protect the work of art and the public;

(2) The work of art will be maintained in good condition; and

(3) Insurance and indemnification will be provided as appropriate.

(d) Installation, maintenance, alteration, refinishing and moving of art in public places shall be done in consultation with the artist whenever feasible.

(e) The Town Clerk shall maintain a detailed record of all the art in public places, including site drawings, photographs, designs, names of artists, and names of architects whenever feasible. The Town shall give appropriate recognition to the artists in publicity and promotion regarding art in public places. (Ord. 522 § 1, 1999)