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The City and County accepts from Moore S. and Hazel J. Achenbach the gift of a collection of etchings, engravings, lithographs and other forms of graphic art and drawings, consisting of approximately 75,000 works of art. Such collection shall be placed in suitable quarters in the buildings maintained by the California Palace of the Legion of Honor and shall remain in the custody, management, supervision and operation of and by the California Palace of the Legion of Honor. Portions of the collection shall be on exhibition for the inspection of the public during all times that the main building of the California Palace of the Legion of Honor is open.
In accepting the gift, provision will be made for the California Palace of the Legion of Honor to engage a curator and assistant curators for the collection, subject to the conditions herein elsewhere set forth, who shall be persons experienced in the collection and exhibition of graphic arts. They need not be residents of City and County, nor be subject to the civil service provisions of the Charter of the City and County. Their duty shall be to supervise the maintenance of the collection and designate the times when and the portions thereof to be placed on exhibition. Such other assistant curators shall be provided by the California Palace of the Legion of Honor for the proper maintenance, management, supervision, operation and storage of the collection.
In the event that the California Palace of the Legion of Honor should at any time fail to carry out the intent and conditions under which the gift is made, the objects of art shall revert to and become the property of the donors or the survivor, or in the event of their death, of such corporation, association or individual as the donors may designate, either in their joint wills or in the will of the survivor as between them, or in a joint declaration of trust that may be made during the lifetime of the donors, or in a declaration of trust that may be made by the survivor as between the donors. For the purposes of carrying out the intent of this Section, the Mayor is hereby authorized to enter into a contract with Moore S. and Hazel J. Achenbach and execute any and all other papers or documents required for its accomplishment.
The collection shall be known and referred to at all times as the Achenbach Foundation For Graphic Arts.
The provisions of this Section shall be subject to the budget and fiscal provisions of the Charter of the City and County.
(Res. No. 10629 (1939); amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
The Board of Trustees of the Fine Arts Museums of San Francisco is hereby authorized to accept gifts, devises and bequests of objects of art or other articles to the M. H. de Young Memorial Museum, the California Palace of the Legion of Honor or the Fine Arts Museums solely for exhibition purposes when the acceptance of the same entails no expense on the part of the board beyond the ordinary care and maintenance of such objects of art or other articles.
All gifts, devises and bequests of objects of art or other articles heretofore made to the aforesaid museums which entail no expense beyond the ordinary care and maintenance thereof for exhibition purposes are hereby accepted for the purposes for which they have been given.
Nothing in this Section shall be considered to approve or ratify the acceptance in the past or in the future of any gift, devise or bequest made to the aforesaid museums, the administration of which gifts, devises or bequests entails any expense beyond the care and maintenance of the objects of such gifts, devises or bequests for exhibition purposes.
(Amended by Ord. 295-74, App. 6/12/74; Ord. 24-00, File No. 992319, App. 2/25/2000)
When, in the judgment of the Board of Trustees of the Fine Arts Museums of San Francisco, works of art or other articles in the possession of the museums are no longer fit for exhibition purposes in said museums, such works of art or other articles may be sold, exchanged or transferred as hereinafter set forth. Such works of art or other articles to be sold, exchanged or transferred shall be catalogued, listed and described with reasonable certainty.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
The Board of Trustees may exchange such works of art or other articles for other works of art or other articles of equivalent value. The said Trustees may execute and accept all deeds of conveyance necessary and proper to effect such exchange.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
The said Trustees may cause said works of art or other articles to be sold at public auction to the highest and best bidder, and may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
Should no bids be received, or if bids are received and rejected as unsatisfactory, or if the high bid fails for reasons beyond the control of the trustees, the work of art or other article may thereafter be sold by private sale by the Trustees; provided, that works of art or other articles on which bids have been rejected shall not thereafter be sold for amounts less than the amount the Trustees would have realized on the highest responsible bid.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
The Trustees may sell works of art or other articles through the museum's store, at a fundraising event, or a similar publicly-accessible venue when the Trustees determine, based upon reasonable independent information, that such sale is likely to realize a market value greater than what is expected at public auction.
(Added by Ord. 24-00, File No. 992319, App. 2/25/2000)
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