A substitute ordinance approving a lease agreement (Planning Commission No. 2004M-058U-03) between the Metropolitan Government of Nashville and Davidson County and the Metropolitan Hospital Authority for Nashville and Davidson County, for certain real property located at 1010 Camilla Caldwell Lane, commonly known as the J.B. Knowles Home for the Aged, and authorizing the transfer to the Hospital Authority of the assisted living and adult day care functions and any operations and obligations associated with those two functions.

WHEREAS, Metropolitan Charter § 11.1102(8) authorizes the transfer of the operation of the J. B. Knowles Home for the Aged (“Knowles Home”) to the Metropolitan Board of Hospitals by ordinance; and

WHEREAS, pursuant to Tenn. Code Ann. § 7-57-101 et seq. and through Substitute Resolution No. SR99-1410, the Metropolitan Council established the Hospital Authority of the Metropolitan Government of Nashville and Davidson County (“Hospital Authority”); and

WHEREAS, pursuant to Tenn. Code Ann. § 7-57-101 et seq. and through Substitute Resolution No. SR99-1413, the Metropolitan Council transferred all properties, functions, and obligations of the hospitals supervised by the Metropolitan Board of Hospitals to the newly created Hospital Authority of the Metropolitan Government of Nashville and Davidson County; and

WHEREAS, pursuant to Tenn. Code Ann. § 7-57-101 et seq. and SR99-1413, the Hospital Authority in fact has assumed all functions and obligations of the Metropolitan Board of Hospitals; and

WHEREAS, the Metropolitan Government desires to transfer to the Hospital Authority the assisted living and adult day care functions of Knowles Home, and any operations and obligations associated with those two functions; and

WHEREAS, the Metropolitan Government owns certain real property located at 1010 Camilla Caldwell Lane, commonly known as the Knowles Home; and

WHEREAS, the Hospital Authority and the Metropolitan Government have negotiated the attached lease agreement for the lease of the aforesaid real property to the Hospital Authority; and

WHEREAS, the Metropolitan Government desires to lease to the Hospital Authority the aforesaid real property on which is located the Knowles Home and desires to do so concurrently with the transfer of the two functions described above; and

WHEREAS, Tenn. Code Ann. § 7-57-301 authorizes the Metropolitan Government and the Hospital Authority to enter into agreements regarding the transfer of employees and the retention by such employees of existing civil service status, accrued pension, disability, hospitalization, death or other fringe benefits.

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

Section 1. The assisted living and adult day care functions of the Knowles Home, and any operations and obligations associated with those two functions, are hereby transferred to the Hospital Authority of the Metropolitan Government of Nashville and Davidson County. Obligations and liabilities predating the execution of this Ordinance shall be accepted and assumed by the Hospital Authority as outlined in the attached Lease Agreement, which is between the Metropolitan Government and the Hospital Authority.

Section 2. Pursuant to Metropolitan Charter, Sections 12.08 and 12.09, all non-professional employees of the Metropolitan Government who are transferred to the Hospital Authority shall become civil service employees of the Hospital Authority, subject to the existing Hospital Authority MOU, and will assume all rights and privileges associated therewith. Any decision to change a position from civil service to non-civil service shall be approved by an ordinance adopted by the Metropolitan Council. The Board of Trustees of the Hospital Authority shall constitute a civil service board and may approve an MOU with employee representatives in the same manner as the Board of Hospitals of the Metropolitan Government as provided in Sections 10.206 and 12.09 of the Metropolitan Charter.

Section 3. The employees transferred to the Hospital Authority shall receive the same pay they currently receive and any future changes in pay shall be in accordance with the pay plan developed and adopted by the Hospital Authority Board of Trustees.

Section 4. The employees transferred to the Hospital Authority shall remain participants in the same pension, health and other benefit plans in which they currently participate and receive the same level of benefits as other participants in the same plans.

Section 5. The lease agreement between the Hospital Authority and the Metropolitan Government, for payment in the amount of one dollar ($1.00) per year, beginning on the date of execution of said lease and ending on January 1, 2028, a copy of which is attached hereto and incorporated herein, be and the same is hereby approved.

Section 6. The Metropolitan Mayor is authorized to execute any and all documents necessary to effect the lease of real property located at 1010 Camilla Caldwell Lane, commonly known as the Knowles Home, and the transfer of assisted living and adult day care functions of Knowles Home to the Hospital Authority.

Section 7. Any amendments to this lease agreement shall be approved by a resolution of the Metropolitan Council receiving twenty-one votes.

Section 8. This Substitute Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson Country requiring it.

Sponsored by: Diane Neighbors, Brenda Gilmore

LEGISLATIVE HISTORY
Introduced:	July 6, 2004
Passed First Reading:	July 6, 2004
Referred to:	Planning Commission - Approved 9-0 (July 22, 2004) Budget & Finance Committee Health, Hospitals & Social Services Committee Planning & Zoning Committee
Deferred:	July 20, 2004
Deferred:	August 3, 2004
Substitute Introduced:	August 17, 2004
Passed Second Reading:	August 17, 2004
Passed Third Reading:	September 21, 2004
Approved:	September 22, 2004
By: