ORDINANCE NO. BL2004-421

An Ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to provide certain reporting requirements for nonprofit organizations receiving grants from the Metropolitan Government.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 5.04 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 5.04.060:

“5.04.060 Grants made to nonprofit organizations.
A. The metropolitan council is authorized in accordance with the provisions of Tenn. Code Ann. §7-3-314 to appropriate funds for the financial aid of nonprofit organizations by the adoption of a resolution receiving twenty-one (21) affirmative votes, or as part of the annual operating budget ordinance adopted by the council.
B. Prior to the adoption of a resolution appropriating funds to a nonprofit organization or the expenditure of funds authorized in the operating budget ordinance as an appropriation to a nonprofit organization, such nonprofit organization shall submit to the metropolitan government the following information:
1. A copy of its corporate charter or other articles, constitution, bylaws, or instruments of organization.
2. A copy of a letter from the Internal Revenue Service evidencing the fact that the organization is a nonprofit, tax-exempt organization under the Internal Revenue Code of 1986, as amended.
3. A statement of the nature and extent of the organization’s program that serves the residents of the metropolitan government.
4. The proposed use of the funds to be provided by the metropolitan government;
5. The proposed budget of the organization, indicating all sources of funds and a line-item identification of the proposed expenditure of metropolitan government funds.
6. A copy of the organization’s audit for the most recent fiscal year. For purposes of this subsection, “audit” shall mean a formal examination of the organization’s accounting records and financial situation in accordance with the generally accepted auditing standards issued by the American Institute of Certified Public Accountants.
C. The information required in subsection B. of this section shall be retained in the metropolitan clerk’s office and shall be available for public inspection during regular business hours.
D. The provisions of this section shall not apply to nonprofit civic and charitable organizations receiving grants from the Metropolitan Nashville Arts Commission in accordance with section 2.112.040 of the Metropolitan Code of Laws.”

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

Sponsored by: Erik Cole

Amendment No. 1
To
Ordinance No. BL2004-421

Mr. President:

I move to amend Ordinance No. BL2004-421 by amending Section 1 by deleting the Code section “5.04.060” and substituting in lieu thereof the Code section “5.04.070”.

Sponsored by: Erik Cole

Amendment No. 2
To
Ordinance No. BL2004-421

Mr. President:

I move to amend Ordinance No. BL2004-421, as amended, by renumbering Section 2 as Section 3, and adding the following new Section 2:
"Section 2. The provisions of Section 1 of this ordinance shall not become effective until July 1, 2005."

Sponsored by: Erik Cole

LEGISLATIVE HISTORY

Introduced: November 4, 2004
Passed First Reading: November 4, 2004
Referred to: Budget & Finance Committee
Deferred: November 16, 2004
Amended: December 7, 2004
Deferred: December 7, 2004
Deferred: December 21, 2004
Deferred to February 15, 2005: January 18, 2005
Deferred to March 15, 2005: February 15, 2005
Amended: March 15, 2005
Passed Second Reading: March 15, 2005
Passed Third Reading: April 5, 2005
Approved: April 7, 2005
By: