ORDINANCE NO. BL2002-990

An ordinance approving Amendment No. One to the lease agreement approved by Bill No. 098-1435 between the Metropolitan Government and the State of Tennessee for lease of premises on Griffith Road for an 800 MHz emergency communications tower.

Whereas, Bill No. 098-1435 approved a lease by and between the State of Tennessee and the Metropolitan Government for a portion of the State's premises located on Griffith Road in the Pasquo area in the southwestern portion of Davidson County; and,
Whereas, the purpose of the lease was to allow the Metropolitan Government to construct and maintain an 800 MHz emergency communications tower on said property owned by the State; and,

Whereas, the 800 MHz tower has been constructed and is now in use by the Metropolitan Government and the Tennessee Emergency Management Agency (TEMA) as provided in the lease; and,

Whereas, due to some ambiguous language in the lease some confusion has ensued regarding the extent of the Metropolitan Government's responsibility to maintain the State's premises; and,

Whereas, the Metropolitan Government and the State of Tennessee have reached an agreement on an amendment to the lease that clarifies the amount of property which the Metropolitan Government is leasing and the access easement thereto, as well as the Metropolitan Government's obligation to remove the old TEMA tower and seal the State's unused fallout shelter; and,
Whereas, it is in the best interest of the Metropolitan Government that the amendment be approved by the Metropolitan Government.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County.

Section 1. That Amendment No. One to the Lease approved by Bill No. 098-1435 by and between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee for premises and access thereto on Griffith Road as further described in Amendment No. One, and the attachment thereto, which Amendment clarifies the extent of the leased premises and the responsibilities of the Metropolitan Government, be and the same is hereby approved and the Mayor is authorized to execute said Amendment.

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

Sponsored by: Jim Shulman, James Dillard, Vic Lineweaver, Tony Derryberry

LEGISLATIVE HISTORY

Introduced: March 19, 2002
Passed First Reading: March 19, 2002
Referred to: Planning Commission - Approved 7-0 (4/11/02)
Budget & Finance Committee
Public Safety Committee
Planning & Zoning Committee
Passed Second Reading: April 2, 2002
Passed Third Reading: April 16, 2002
Approved: April 17, 2002
By: Mayor Bill Purcell