SUBSTITUTE ORDINANCE NO. BL2015-1277

An ordinance amending Chapter 2.112 of the Metropolitan Code pertaining to a review process and policy regarding the acceptance and maintenance of artwork donated to the Metropolitan Government.

WHEREAS, from time to time, individuals and entities propose to donate artwork, property for the placement of artwork, and funds for the acquisition of artwork to the Metropolitan Government; and

WHEREAS, there are limited public funds for maintenance and conservation of donated artwork, and a limited number of suitable sites on public property for the placement of donated artwork; and

WHEREAS, Metropolitan Code §2.112.030 provides that the purpose of the Metropolitan Nashville Arts Commission includes providing recommendations to the metropolitan county council with respect to the aesthetics of public places and property; and

WHEREAS, it is in the best interest of the taxpayers of Metropolitan Nashville and Davidson County that a uniform process be established regarding the review and acceptance of artwork.

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

SECTION 1. That Chapter 2.112 of the Metropolitan Code is hereby amended by adding the following new Section 2.112.050:

2.112.050 Review, acceptance, and maintenance of donated artwork.
A. For purposes of this section, “donated artwork” means artworks, property for placement of artwork, and funds for the acquisition of artwork that may be proposed for donation to the metropolitan government outside of the Percent for Art Program established pursuant to chapter 5.10 of the metropolitan code, provided that artwork accepted by the board of parks and recreation for exhibition at the Parthenon museum shall not be subject to the provisions of this section.
B. Prior to acceptance by the metropolitan government, all donated artwork shall be submitted to the metropolitan arts commission for review and recommendation in accordance with the arts commission’s adopted policy pertaining to donated artwork. The arts commission shall submit a recommendation to the metropolitan council if council approval is required by applicable law for acceptance of the artwork, or to the metropolitan government department or agency that has the authority to accept the artwork if no council approval is required.
C. All accepted donated artwork shall be owned by the metropolitan government.
D. Unless the metropolitan council has appropriated funding specifically for the installation and maintenance costs for the donated artwork, a donor’s proposal shall include funding adequate to cover all costs for the design, fabrication, insurance, transportation, storage, installation, and maintenance of the proposed artwork for a period of ten years from the date of acceptance, plus contingency funds for reasonable unforeseen circumstances.
E. Final acceptance recommendations of donated artwork shall be made by the arts commission and acknowledged through a written statement to the donor or donor’s agent.
F. Acceptance agreements. An agreement pertaining to final acceptance of all donated artwork appraised at more than five thousand dollars, or if anticipated maintenance of the artwork will exceed five thousand dollars over a ten year period, must be approved by resolution of the metropolitan council prior to the metropolitan government taking possession and ownership of the donated artwork. Such agreement shall be approved by the department of law as to form and legality, and shall include, at a minimum, the following:
1. A description of the terms and conditions under which the artwork is to be accepted, including responsibilities for installation, fabrication (if applicable), site preparation, insurance, ongoing maintenance, conservation, and informational signage.
2. A statement that the metropolitan arts commission retains full rights of reproduction, filming/photography, removal, relocation, and deaccessioning of the artwork donation.
3. A statement that the artwork will be acquired without legal restrictions as to future use and disposition, except with respect to state or federal laws regarding the preservation, copyright, and/or resale of works of art.
G. Deaccessioning or alterations of any donated artwork shall be addressed in the same manner as artwork commissioned through the Percent for Art Program established pursuant to chapter 5.10 of the metropolitan code and the process provided in the Public Art Guidelines approved by the arts commission.

Section 2. 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: Ronnie Steine

LEGISLATIVE HISTORY
Introduced:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Budget & Finance Committee
Substitute Introduced:	July 21, 2015
Passed Second Reading:	July 21, 2015
Passed Third Reading:	August 4, 2015
Approved:	August 10, 2015
By: