An ordinance amending Chapter 13.26 of the Metropolitan Code of Laws establishing the process and procedure for naming public structures and spaces of the Metropolitan Government of Nashville and Davidson County.

WHEREAS, the Metropolitan Government of Nashville and Davidson County, in furtherance of rendering services to its citizens, has erected, maintains, and owns numerous public structures and spaces throughout Davidson County; and

WHEREAS, in years past, many of these public structures and spaces have been named in honor of citizens and public officials or appointees without any formal process or criteria, nor any means of considering public input; and

WHEREAS, elected officials and appointed office holders are truly public servants whose efforts should be given freely without expectation of commemoration; and

WHEREAS, the Metropolitan Council is mindful of the perils of assigning eponymous names to public structures and spaces, including the appearance of impropriety or political favoritism and the evolving reputations of honored individuals; and

WHEREAS, the Metropolitan Council is nevertheless desirous of encouraging philanthropic donations of land and money by naming public structures and spaces in honor of such donors; and

WHEREAS, the Metropolitan Council is mindful that names affixed to public structures and spaces are generally permanent and remain for generations to come. Therefore the process of selecting a name should include careful deliberation and due consideration; and

WHEREAS, the Metropolitan Council desires to establish a more formalized process which is administered by an independent body less susceptible to political pressures and potential appearances of impropriety; and

WHEREAS, the Metropolitan Council seeks the input of the public in naming the public structures and spaces acquired, developed, and/or maintained with public funds.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 13.26 of the Metropolitan Code of Laws be and the same is hereby repealed in its entirety.

Section 2. That Title 13 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new Chapter 13.26, Naming of Public Structures and Places:

13.26.010 Definitions.
For purposes of this section, the following terms shall have the following meanings:

"Public structures or spaces" include all buildings, locations, facilities and natural features owned exclusively by the public through the Metropolitan Government of Nashville and Davidson County.

13.26.020 Limitations on the naming of public structures or spaces.
The naming of public structures or spaces shall be done within the following limitations:

A) No public structure or space may be named in honor of any living person, and a waiting period of two years shall pass before naming a public structure or space after a person who is deceased. The foregoing provision prohibiting the naming of a public structure or space after living persons shall not apply to persons who have contributed greatly to a specific public structure or space or the immediate surrounding area through the contribution of land, money, or other resources, provided that the donor stipulates in writing the naming of the structure or space as a condition of his or her contribution.

B) In no event shall a public structure or space be named in honor of an elected or appointed public official or public employee until such time as that individual ceases to be an elected or appointed public official or public employee.

13.26.030 Naming authority and procedure.
The naming of public structures and spaces shall be administered by the Metropolitan Historic Zoning Commission of the Metropolitan Government of Nashville & Davidson County, pursuant to the following provisions:

A) Requests to name any public structure or space shall be submitted for consideration to the Metropolitan Historic Zoning Commission in writing within such time as directed by the policies and procedures enacted by the Metropolitan Zoning Commission.

B) The Metropolitan Historical Zoning Commission shall establish a formal procedure for the naming of public structures and spaces and shall publish and maintain such procedure in its publicized policies and on the website maintained by the Metropolitan Government of Nashville and Davidson County.

C) Included within these formal procedures shall be a specific mechanism for soliciting and measuring public input regarding the naming of public structures and spaces.

D) In determining the most appropriate name for a public structure or place, the Metropolitan Historic Zoning Commission shall consider the following criteria:

(1) The articulated preference of the public, particularly from those residents in the immediate area surrounding or adjacent to the public structure or space;
(2) Natural or geographic references;
(3) Historic and cultural significance;
(4) Civic values or principles which may be embodied by or within the structure or space;
(5) Common or colloquial names which, though unofficial, have previously been applied to the structure or space by the public; and
(6) The avoidance of duplication, confusion, or similarity through consideration of existing structure and place names.

E) Upon determining an appropriate name for a public structure or space, the Metropolitan Historic Zoning Commission shall forward its recommendation to the Metropolitan Council, together with any available historical or other supportive information justifying the recommendation.

F) The Metropolitan Council shall subsequently approve the naming recommendation of the Metropolitan Historic Zoning Commission by resolution receiving twenty-one affirmative votes. If the naming recommendation is approved, the name shall be implemented upon the public structure or space through the appropriate departments and/or agencies of the Metropolitan Government of Nashville & Davidson County.

13.26.040 Inapplicability.
The provisions of this ordinance shall not apply to the application of names to trees, refuse cans, flagpoles, water fountains, or similar items of comparative insignificance.

13.26.050 Severability.
If any subdivision, paragraph, subparagraph, sentence or clause of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

Section 2. That this ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson, Erik Cole