METROPOLITAN NASHVILLE ARTS COMMISSION

Metropolitan Code of Nashville and Davidson County tit. 2, div. IV, ch. 2.112

in effect

Metropolitan Code of Nashville and Davidson County § 2.112.010 Established.

2.112.010 - Established. There is created and established a commission to be legally known as the "Metropolitan Nashville Arts Commission," referred to in this chapter as "commission." (Prior code § 2-1-101.61)

Metropolitan Code of Nashville and Davidson County § 2.112.020 Membership and term of office.

2.112.020 - Membership and term of office. The commission shall be composed of eleven members to be appointed by the mayor and to serve without compensation. All members of the commission shall be confirmed by the metropolitan county council. The members shall serve staggered terms of four years. All vacancies of any commission member shall be filled for the balance of the unexpired term in the same manner as original appointments. (Amdt. 1 to Ord. BL2025-811 § 1, 2025; Ord. BL2025-811 § 1, 2025; Ord. BL2024-476 § 1, 2024; Ord. 93-576 § 1, 1993; prior code § 2-1-101.62)

Metropolitan Code of Nashville and Davidson County § 2.112.030 Purpose of the commission.

2.112.030 - Purpose of the commission. The purpose of the commission shall be as follows: A. To promote the study, participation in and appreciation of the visual, performing and literary arts; B. To support and participate in the presentation of displays, exhibits, recitals, concerts, lectures and symposia; C. To cooperate with and assist public and private educational institutions, the media, and other private and governmental entities involved in artistic and cultural promotion; D. To promote equity in the arts community; E. To provide information and recommendations to the metropolitan county council and the metropolitan county mayor with respect to the architectural design and aesthetics of public places and property. (Ord. BL2024-302 § 1, 2024; prior code § 2-1-101.63)

Metropolitan Code of Nashville and Davidson County § 2.112.040 Powers and duties.

2.112.040 - Powers and duties. In order to carry out and facilitate the commission's general purposes, it shall have authority to: A. Elect a chairman and such other officers as it may deem necessary to carry out the functions and duties of the commission; B. Promulgate and maintain its own regulations and bylaws; C. Conduct its affairs, to select advisory committees or panels of experts as necessary to assist in the discharge of its duties; D. Receive and expend any money allocated to it by the metropolitan government or donated to it for the purposes of the commission as expressed herein; E. Accept and receive gifts donated to the commission for artistic and cultural purposes; F. Recognize individuals, institutions and organizations who exemplify excellence in cultural and artistic endeavors by bestowing upon such individuals, institutions and organizations such awards and commendations as the commission from time to time deems appropriate; G. Accept funds from other arts organizations, private and government entities, for disbursement to deserving nonprofit civic and nonprofit charitable organizations. The acceptance of such funds shall be approved by resolution of the metropolitan council; H. Award funds appropriated to it by the metropolitan council to deserving nonprofit civic and nonprofit charitable organizations. Criteria for the awarding of such funds shall be established by the Metropolitan Nashville Arts Commission and approved by resolution of the metropolitan council each year before funds are awarded. The annual resolution shall indicate whether there is a change in the award criteria from the previous year. 1. A "nonprofit charitable organization" is defined as one in which no part of the net earnings benefit any private shareholder or individual and which provides year-round services benefiting the general welfare of the residents of the municipality. 2. A "nonprofit civic organization" is defined as a civic organization exempt from taxation pursuant to Section 501(c) of the IRS Code. A nonprofit civic organization must operate primarily for the purpose of bringing about civic betterment and social improvements through efforts to maintain and increase employment opportunities in the municipality. 3. For purposes of this code section, both nonprofit charitable organizations and nonprofit civic organizations shall be involved in the study, participation in and appreciation of the visual, performing and literary arts for the Metropolitan Nashville and Davidson County area. (Amdt. 1 to Ord. BL2024-476 § 2, 2024; Ord. BL2024-476 § 2, 2024; Ord. 94-993 § 1, 1994; prior code § 2-1-101.64)

Metropolitan Code of Nashville and Davidson County § 2.112.050 Review, acceptance, and maintenance of donated artwork.

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. (Ord. BL2015-1277 § 1, 2015)

Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT2AD_DIVIVCO_CH2.112MENAARCOFetched: 10/28/2026