ORDINANCE NO. BL2005-797

An Ordinance Approving the Jefferson Street Redevelopment Plan.

WHEREAS, the Metropolitan Development and Housing Agency desires to redevelop the area around Jefferson Street from Interstate 40 west to Tennessee State University; and

WHEREAS, the Metropolitan Development and Housing Agency has completed studies and prepared a plan for redevelopment entitled "Jefferson Street Redevelopment Plan," (herein referred to as the "Plan") consisting of a text, Redevelopment Plan (R.P.) Maps 1, 2 and 3, and Exhibit "A" attached thereto, all dated August 9, 2005, which have been filed with and referred to the Metropolitan Council of Nashville and Davidson County, Tennessee (herein referred to as the "Governing Body,") for review and approval; and

WHEREAS, the Metropolitan Development and Housing Agency has examined the area proposed for inclusion in the redevelopment project and determined that it is a blighted area with vacant underutilized land, buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use, or obsolete layout, or any combination of these or other factors are detrimental to the safety, health, morals or welfare of the community and that such conditions should be eliminated in the public interest and the members of this Governing Body have been duly apprised and are aware of these conditions; and

WHEREAS, the project is located in Metropolitan Nashville and Davidson County, Tennessee and is to be undertaken by the Metropolitan Development and Housing Agency in accordance with and in furtherance of the objectives of Article I, Section 8 and 21 and Article II, Section 28 of the Constitution of Tennessee: 'The Housing Authorities Law,' Chapters 20 and 45, Public Acts of Tennessee of 1935 (1st Extraordinary Session), as amended; Chapter 114 of Public Acts of Tennessee of 1945, as amended; Chapter 181 of Public Acts of Tennessee of 1955 (said statutes now codified in Tennessee Code Annotated Sections 13-20-201 through 13-20-209); and

WHEREAS, the Metropolitan Development and Housing Agency desires to utilize the tax increment funding provision pursuant to Tennessee Code Annotated 13-20-205 in furtherance of its projects; and

WHEREAS, the Plan for the area prescribes certain land uses and controls and provides for the acquisition by negotiation or otherwise of certain properties for public use or for resale to a redeveloper or redevelopers; and

WHEREAS, the members of the Governing Body have carefully considered and reviewed the proposal for redevelopment, including the relocation of businesses that may be displaced; and

WHEREAS, in order to implement the Plan, the Governing Body must approve and authorize certain actions;

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

Section 1. That it is hereby found and determined that the redevelopment area defined by the Plan entitled "Jefferson Street Redevelopment Plan," dated August 9,2005, is a blighted area as defined in and in accordance with Tennessee Code Annotated Sections 13-20-201 through 13-20-209; that conditions existing therein are detrimental to the safety, health, morals or welfare of the people of Nashville and Davidson County, that said area or such portions thereof as deemed necessary for acquisition by the Metropolitan Development and Housing Agency by negotiation or otherwise, as provided by Tennessee Code Annotated 13-20-104 and 13-20-202, and so designated pursuant to the Plan, or any amendment or amendments thereto, should be so acquired by the Metropolitan Development and Housing Agency; and that such blighted conditions should be eliminated.

Section 2. That the Plan entitled "Jefferson Street Redevelopment Plan," consisting of a text, Redevelopment Plan ( R.P.) Maps 1, 2 and 3, and Exhibit "A" attached thereto, all dated August 9, 2005, as filed with the Metropolitan Clerk, is hereby in all respects approved.

Section 3. That it is hereby found and determined that the Plan for the project area conforms to the General Plan for Nashville.

Section 4. That the use of tax increment funding pursuant to Tennessee Code Annotated 13-20-205, is hereby approved for undertaking activities specified in the Plan.

Section 5. That it is hereby found and determined that, in addition to the elimination of blight from the project area, the undertaking of the project in such area will further promote the public welfare and proper development of the community.

Section 6. That it is hereby found and determined that the Plan for the project area will afford maximum opportunity, consistent with sound needs of the locality as a whole, for the redevelopment of the area by private enterprise.

Section 7. That the Metropolitan Clerk is directed to file this Ordinance together with the Plan referred to herein as a part of the minutes of this meeting.

Section 8. That this Ordinance shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace, Edward Whitmore

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Amendment No. 1
To
Ordinance No. BL2005-797

Mr. President:

I move to amend Ordinance No. BL2005-797 by amending Section 1 by adding after the phrase "should be eliminated", the phrase "; provided that no such area or portions thereof shall be acquired by eminent domain unless and until such acquisition is approved by resolution of the Metropolitan Council receiving twenty-one (21) affirmative votes."

Sponsored by: Ludye Wallace, Edward Whitmore

AMENDMENT NO. 2
TO
ORDINANCE NO. BL2005-797

Mr. President:

I move to amend Ordinance No. BL2005-797 by repealing Amendment No. 1 that was previously adopted.

Sponsored by: Ludye Wallace, Edward Whitmore

LEGISLATIVE HISTORY

Introduced: October 4, 2005
Passed First Reading: October 4, 2005
Referred to: Planning Commission - Approved 8-0
(October 13, 2005)
Federal Grants Review Committee
Amended: October 18, 2005
Passed Second Reading: October 18, 2005 
Amended: November 15, 2005
Passed Third Reading: November 15, 2005 
Approved: November 17, 2005 
By: