SUBSTITUTE ORDINANCE NO. BL2009-568

An Ordinance amending Chapter 5.10 of the Metropolitan Code, Public Art Financing, to require that a portion of the general obligation bond proceeds designated for public art be expended throughout the geographic area of the Metropolitan Government.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 5.10 of the Metropolitan Code shall be and the same is hereby amended by deleting Section 5.10.020 in its entirety, and substituting in lieu thereof the following new Section 5.10.020:

5.10.020 Sources of funding.
A. One percent of the net proceeds of any general obligation bond issued to fund construction projects(s) shall be deposited and set aside to fund public art.
B. Seventy-five percent (75%) of said general obligation bond proceeds set aside to fund public art shall be allocated equally among the nine school districts, as established in accordance with section 9.02 of the metropolitan charter, for the building, erection, reconstruction, replacement, extension, repairing, betterment, or improvement of public art projects on metropolitan government property located within each of the school districts.
1. Such public art projects shall be distributed among various types of metropolitan government property frequented by the public, such as parks, community centers, schools, libraries, police precincts, fire halls, and public rights-of-way, in locations to be determined by the metropolitan arts commission in accordance with the public art guidelines.
2. In the event the general obligation bond proceeds are insufficient to fund a recommended public art project in a particular school district, such funds shall remain segregated until such time as funds are available to complete the project.
C. The remaining twenty-five percent (25%) of the general obligation bond proceeds set aside for public arts shall be expended, in conformance with existing agreements and state and federal law, on the building, erection, reconstruction, replacement, extension, repairing, betterment, or improvement of public art projects prescribed by the public art guidelines anywhere within the area of the metropolitan government. These funds, at the discretion of the commission, may be combined with the funds under subsection B. of this section to fund public art projects in each of the nine school districts.
D. Proceeds deposited for public art projects may be used for architectural and engineering design associated with the public art project.
E. No part of the general fund reserve fund of the general services district ("four percent funds") may be used for debt service payments on the portion of bonds issued that include public art projects as an eligible expenditure.
F. In addition to general obligation bond funds, donations from private persons or entities and state or federal monies may be expended on public art projects in accordance with the public art guidelines. No part of the general fund reserve fund of the general services district ("four percent funds") may be used to finance public art projects.

Section 2. That Chapter 5.10 of the Metropolitan Code shall be and the same is hereby amended by amending Section 5.10.030 by adding the following provision at the end of subsection A.:

“The public art guidelines adopted by the commission shall also include a method for the selection and recommendation of public art projects within the nine school districts.”

Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard, Robert Duvall