Division III – Museums and Galleries

There is hereby created an “Art Museum Building Commission”.

The Commission shall have 31 members, of whom 3 shall be the Mayor, the President of the City Council, and the City Comptroller. The remaining 28 members of the Commission shall be appointed by the Mayor as soon as this subtitle takes effect.

Subject to all existing provisions of law, the Commission shall have general advisory and supervisory powers over the selection of a suitable site and the formulation of designs and plans for the construction of a building for the housing, care, and exhibition of works of art and the study thereof.

Any site which may be selected by the Commission pursuant to the powers conferred by this subtitle shall be subject to the approval of the Board of Estimates.

The selection of an architect and the adoption of designs and plans for the building shall be arranged by the Commission with the Architectural Commission in the manner provided by <cite data-path="|5">Article 5</cite>, Subtitle 29 of the City Code.

When the plans and specifications are duly approved, the building shall be erected under the supervision of the Buildings Engineer, as provided by <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§31">Article VII, § 31 of the City Charter</cite>.

Acquiring by gift, bequest, purchase, or otherwise, objects of interest to the inhabitants of the City of Baltimore, particularly such objects as may be of historical or artistic significance in the life of the City.

Holding exhibitions and furnishing information to the public by means of lectures, or otherwise, in regard to the foregoing and in regard to any subject of general municipal interest.

And particularly of establishing and maintaining in the City of Baltimore a municipal museum association, which establishment and maintenance is intended or designed especially for the collecting, housing, and caring for exhibits of the character and kind for which purpose the Mayor and City Council of Baltimore, had, as hereinbefore stated, renovated, remodelled, and restored the aforesaid Peale Museum. Now, therefore, this lease and agreement witnesseth: First: That the party of the first part has granted, demised, and let and does by these presents grant, demise, and let unto the party of the second part, its successors and assigns, the said Peale Museum hereinbefore referred to or mentioned, situate on the east side of Holliday Street, north of Lexington Street, and opposite the Municipal Office Building of Baltimore City. To have and to hold, until terminated as by this Agreement hereinafter provided, the said building for so long a time as the said party hereto of the second part, its successors and assigns, shall continue to carry out the objects and purposes defined in its Charter as now or hereafter in force, provided such objects and purposes are conducted as a non-commercial project, and provided further that the Mayor, the President of the City Council, and the City Comptroller of Baltimore City are elected Trustees of the party of the second part within thirty (30) days after the ratification of this Lease and Agreement by the City Council of Baltimore. Secondly: That neither party hereto shall be liable or responsible to the other for injury or damage to said building by fire or casualty, nor shall either the Mayor and City Council of Baltimore nor the Trustees of the Municipal Museum of Baltimore, Incorporated, be in any event responsible to the other for any loss, injury or damage of any kind to the contents of said building belonging to or in the custody of the other party hereto, but each party shall have the right to insure its own interest in said building or contents at its own cost. Thirdly: That the said party of the second part shall have and enjoy the exclusive use of the whole of said building, subject to the provisions herein contained and the rules and regulations herein prescribed, during the continuance of the term hereby granted, or until the termination thereof, as herein provided. Fourthly: That the exhibition halls of said buildings shall be kept open and accessible to the public on such days, during such hours and under such rules and regulations as the party of the second part shall from time to time prescribe; and all professors and teachers of the public schools of the City of Baltimore shall be admitted to all the advantages afforded by the said party of the second part, through the building, library, apparatus, and collections of either of the parties hereto, for study, research, and investigation, free of any charge therefor. Fifthly: That the library, apparatus and collections, and all other property which shall or may be placed in said building by either of the parties hereto shall continue to be and remain absolutely the individual property of the respective owners thereof, and neither of the parties hereto shall have any right, title, property, or interest in any property placed by either of them in said museum; nor shall the said party of the second part, by reason of its occupation and use of said building under this agreement, acquire or be deemed to have any right, title, property or interest in said building, except so far as is expressly granted by this Agreement. Sixthly: That the said party of the second part shall, on or before the first day of May in every year during the continuance of this Agreement, submit to the said party of the first part, its successor or successors, a detailed printed report of the operations and transactions of the said party of the second part, and all its receipts and payments, for the year ending with the thirty-first day of December next preceding. Seventhly: That the said party of the first part shall have, at all times, access to every part of said building for general visitation and supervision, and also for the purpose of the performance of the duties devolved upon it by the Laws of the State of Maryland, or Ordinances of the City of Baltimore. That the police powers and supervision of said party of the first part shall extend in, through and about said building. That the said party of the second part may appoint, direct, control, and remove all persons employed within said building, and in and about the care of said building, and the library, apparatus and collections therein contained. Eighthly: That the said party of the second part may, at any time after the expiration of three, and before the expiration of nine months from the date of the service of a notice in writing on said party of the first part, its successor or successors, or on the Mayor and City Council of Baltimore, of its intention so to do, quit and surrender the said premises, and remove all of its property therefrom; and the party hereto of the first part may serve a notice in writing upon the party hereto of the second part terminating this Agreement and to vacate the premises, within one year from the date of such notice; and upon and after such notice served by either of the parties hereto upon the other, the said party of the second part shall quietly and peaceably yield up and surrender unto the said party of the first part, or its successors and assigns, all and singular the aforesaid demised premises, and remove all its property therefrom. Ninthly: And it is further expressly understood and agreed by and between the parties hereto, that this Agreement may be wholly cancelled and annulled, or from time to time altered or modified, as may be agreed in writing between the said parties or their successors, anything herein contained to the contrary in anywise notwithstanding. Tenthly: That the Baltimore City Life Museums, Incorporated, is the successor in interest to the Trustees of the Municipal Museum of the City of Baltimore, Incorporated. That any fees charged for admission to the Peale Museum or other City museums operated by the Baltimore City Life Museums, Incorporated, shall be retained by the Baltimore City Life Museums, Incorporated for its operating expenditures. That the Baltimore City Life Museums, Incorporated, shall get approval from the Board of Estimates for any fees charged or any change in fees. In witness whereof, the party hereto of the first part has caused this Agreement to be signed by the Mayor and its corporate seal to be hereunto affixed, duly attested by its City Register, and the party of the second part has caused this Agreement to be executed by its President and Secretary, and its corporate seal to be hereunto affixed, duly attested by its Secretary. <table class="layout-table"> <tbody> <tr> <td></td> <td>Attest:</td> <td></td> <td colspan="2">Mayor and City Council of Baltimore,</td> </tr> <tr> <td></td> <td colspan="2">August M. Denhard,</td> <td></td> <td>By William F. Broening, Mayor</td> </tr> <tr> <td></td> <td></td> <td colspan="2">City Register.</td> <td></td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td></td> <td>Attest:</td> <td></td> <td colspan="2">The Trustees of Municipal Museum of the</td> </tr> <tr> <td></td> <td colspan="2">John H. Scarff,</td> <td></td> <td>City of Baltimore, Incorporated,</td> </tr> <tr> <td></td> <td></td> <td>Secretary.</td> <td colspan="2">By Chester Wm. Snyder, President.</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td></td> <td>Attest:</td> <td></td> <td></td> <td></td> </tr> <tr> <td></td> <td colspan="2">Wm. F. Broening,</td> <td></td> <td></td> </tr> <tr> <td></td> <td colspan="2">R. Walter Graham,</td> <td></td> <td></td> </tr> <tr> <td></td> <td colspan="3">Augustus M. Denhard,</td> <td></td> </tr> <tr> <td></td> <td></td> <td colspan="3">Commissioners of Finance.</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td colspan="5">Approved as to form and legal sufficiency:</td> </tr> <tr> <td></td> <td colspan="3">A. Walter Kraus, City Solicitor.</td> <td></td> </tr> </tbody> </table>

The Trustees comprise:

Any vacancy is to be filled by the remaining Trustees for the remainder of the term in which the vacancy occurs.

The officers of the Trustees are as provided in Chapter 217, Laws of Maryland 1933.

The Trustees receive no compensation for the performance of their duties.

The Trustees have the powers and duties provided in Chapter 217, Laws of Maryland 1933, and this section.

The Trustees shall have full and complete control over the property and funds given to the City of Baltimore by Henry Walters, as the agency through which the directions and intent of the donor are to be obeyed and his objects realized.

The Trustees may use the Walters Art Gallery and the property at 5 West Mount Vernon Place, together with the contents of those buildings, only for the benefit of the public, as directed in Item 2 of the last will and testament of Henry Walters.

The Trustees may expend for the same purposes any funds derived from selling any of the contents of Walters Art Gallery or of the property at 5 West Mount Vernon Place found not to be of museum value or interest.

As a testimonial to the generosity and public spirit of the late Henry Walters, the gallery shall be known in perpetuity as “Walters Art Gallery”.

The gallery may not, at any time, be merged or consolidated with any other institution.

The Trustees may not sell or otherwise dispose of any work of art without the consent of the Mayor and City Council of Baltimore.

Objects of art owned by the Walters Art Gallery may be loaned to or exhibited in any other institution without the approval of the Mayor and City Council. However, the Trustees must provide notice of any loan or exhibition to the Mayor and City Council of Baltimore and the Board of Estimates of Baltimore City.

No amendment to the Act of Incorporation (Chapter 217, Laws of Maryland 1933) may be accepted or observed by the Trustees of Walters Art Gallery without the consent of the Mayor and City Council of Baltimore.

A copy of the bylaws of the corporation and any amendments to the bylaws, as adopted from time to time, shall be filed with the Department of Legislative Reference and accessible at all times to the public.