Nashville, TN Public Art Ordinance

Nashville, TN, US

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Type: Ordinance

Status: Adopted on 6/2/00

Source File: http://www.artsnashville.org/pubartprogram/pubartguide.php#appen_a

Text:

Ordinance No. BL2000-250, Public Art Ordinance
An ordinance amending Title 5 of the Metropolitan Code of Laws relative to providing funding for public art projects and providing for public art guidelines.

Whereas, public art enhances the built environment of a city and enriches the lives of its citizens; and

Whereas, the presence of public art encourages the careers of local professional artists and provides possible opportunities for their employment and career advancement; and

Whereas, a dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses; and

Whereas, the Metropolitan Council believes that the citizens of Nashville and Davidson County will benefit from an increased presence of public art in and around publicly owned facilities, structures and public ways.

Now, therefore, be it enacted by The Council of The Metropolitan Government of Nashville And Davidson County:

Section 1. That Title 5 of the Metropolitan Code of Laws be amended to add a new Chapter 5.10 Public Art Financing, as follows:

Chapter 5.10. Public Art Financing

Section 5.10.010 Definitions.

(a) "Commission" means the Metropolitan Nashville Arts Commission.

(b) "Construction Project" means any capital project, approved in the Capital Improvements Budget involving the building or erection of any public building, structure, park, or parking facility, which project is funded in compliance with federal and state law. Construction Project shall also include the reconstruction replacement, extension, repairing, betterment or improvement of any public building, structure, park or parking facility where the cost of the improvement exceeds fifty percent of the value of the building, structure, park or parking facility before the reconstruction, replacement, repair or improvement. "Construction Project" shall not include capital projects required to be undertaken by the Metropolitan Government in conformance with agreements in existence on the effective date of this ordinance.

(c) "Public Art Guidelines" means the guidelines required by Section 5.10.030 of this ordinance.

(d) "Public art project" means a project funded as part of a general obligation bond issue that has been approved in accordance with the Public Art Guidelines.

Section 5.10.020 Sources of funding.

(a) One percent (1%) of the net proceeds of any general obligation bond issued to fund Construction Project(s) shall be deposited and set aside to fund public art. Proceeds so deposited may 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. If one percent (1%) of a particular bond issue is insufficient to fund a public art project, proceeds so deposited may, in conformance with state and federal law, accumulate until they are sufficient to fund a public art project. Proceeds deposited for public art projects may be used for architectural and engineering design associated with the public art project. 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.

(b) 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 5.10.030 Duties of the Commission.
The Commission shall:

(a) Adopt Public Art Guidelines, which shall include criteria for accepting donations or gifts, both cash and tangible art, a method or methods for the selection of artists or public art projects and for placement of public art projects.

(b) Acting through the Department of Finance, Division of Purchasing, purchase public art projects or commission the design, execution and/or placement of public art projects. The Commission shall consult with the department responsible for a particular construction project regarding the design, execution and/or placement of a public art project in connection with such construction project.

(c) Require that any proposed public art project requiring operation or maintenance expenses receive prior approval of the Director of Finance as to availability of funds, the department head responsible for such operation or maintenance and approval by the Metropolitan Council of funds appropriate to cover such operation and maintenance expenses as required by law.

(d) Promulgate rules and regulations consistent with this ordinance to facilitate the implementation of its responsibilities hereunder, which rules and regulations shall be approved by a resolution approved by a majority of the Metropolitan Council.

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