An ordinance amending Title 2 of the Metropolitan Code of Laws authorizing the creation of a Downtown Central Business Improvement District and appointing a corporation to act as an advisory board to the district with the necessary powers and authority to carry out the purposes and intent of the district.

WHEREAS, Ordinance No. BL098-1037 created a Central Business Improvement District for downtown Nashville, which will expire on December 31, 2007 pursuant to Ordinance No. BL2004-1064; and,

WHEREAS, pursuant to the Central Business Improvement District Act of 1990, property owners in a confined area within downtown Nashville representing not less than a majority in number of the real property owners and not less than two-thirds of the assessed value of all real property within that area have presented petitions to The Metropolitan Government of Nashville and Davidson County requesting an expanded central business improvement district ("Downtown CBID") for downtown Nashville to replace the existing CBID upon its expiration on December 31, 2007; and,

WHEREAS, the creation of an expanded Downtown CBID will enhance the local business climate and help manage the area and ensure that it is clean, safe and vibrant and will bring more people to the downtown Nashville area to live, work, play, and invest; and,

WHEREAS, among the services and improvements to be funded by the Downtown CBID will be security enhancement, beautification efforts, residential and retail recruitment and retention services and overall downtown promotions.

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

SECTION 1. Title 2 of the Metropolitan Code of Laws is hereby amended by adding the following new chapter relative to the establishment of the Downtown Central Business Improvement District and appointing a management corporation to act as an advisory board to the Downtown CBID with the necessary powers and authority to carry out the purposes of the Downtown CBID:

Section 2.177.010 District Created; Boundary.

In accordance with the provisions of and established pursuant to Tennessee Code Annotated §7-84-501, et seq., there is hereby created a Downtown Central Business Improvement District (Downtown CBID), which shall include all properties within that area of the city bounded and generally described as follows:

Bounded on the east from Charlotte Avenue to Woodland Street, 1st Avenue North; from Woodland Street to Peabody Street, the Cumberland River. The southerly boundary is from the Cumberland River to Rutledge Street, the center line of Peabody; from Rutledge Street to Lafayette Street, the south property line of all parcels facing on the south side of Peabody Street; from the center line of Lafayette to the center point of the intersection of Peabody, Lafayette and 7th Avenue South; between 7th Avenue South and 8th Avenue South, the center line of Lea Avenue; from Lea Avenue at 8th Avenue South, southwardly along center line of 8th Avenue South to the northern edge of the right-of-way of the CSX Railroad; northward to the western edge of parcel #093-09-0-320. The westerly boundary is between Charlotte and Union, the center line of 6th Avenue North; between Union and Broadway, the center line of James Robertson Parkway and 9th Avenue North; from Broadway to the first parcel south of Demonbreun along the western property line of parcels #093-09-0-326, #093-09-0-327 and #093-09-0-331. The northerly boundary begins from Broadway at the western property line of parcel #093-09-0-326, the center line of Broadway to 10th Avenue North; from 10th Avenue North to 9th Avenue North, the northern property line of all parcels facing on the north side of Broadway; from the intersection of Union and James Robertson Parkway, proceeding east to 6th Avenue North; from 6th Avenue North to 3rd Avenue North, the northern boundary is Charlotte Avenue; from 3rd Avenue North to the Cumberland River, the northern boundary is James Robertson Parkway.

Section 2.177.020 Purposes and Mission.

A. The Metropolitan Council hereby finds and declares that the establishment of the Downtown CBID will promote the successful revitalization of downtown Nashville thereby furthering the health, safety, morals and general economic welfare of Metropolitan Nashville and Davidson County.

B. The purpose and mission of this CBID is hereby declared to be:

To undertake and provide an enhanced level of programs and services not provided by the Metropolitan Government which will help maintain downtown Nashville as a clean, safe and vibrant place to live, work, play, and invest.

Section 2.177.030 Liberal Construction.

This ordinance, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effectuate its purposes.

Section 2.177.040 Definitions.

A. As used in this ordinance, unless a contrary meaning clearly appears:

1. "Assessed value" means value as assessed for municipal tax purposes.

2. "District" or "Downtown Central Business Improvement District" or "Downtown CBID" means the central business improvement district created by this ordinance.

3. "District Management Corporation" means the board or organization created or the organization appointed to act as an advisory board for the purpose of making and carrying out recommendations for the use of special assessment revenues, and for the purpose of administering activities within and for the District and the provision of services and projects within and for the District.

4. "Initiating petition" means the petition filed in the office of the Metropolitan Clerk requesting the establishment of the Downtown CBID.

5. "Owner" means the record owner of real property in fee or a representative of such owner duly authorized to act for and on behalf of said owner.

Section 2.177.050 District Management Corporation.

A. There is hereby authorized a District Management Corporation to be chartered pursuant to the provisions of the Nonprofit Corporation Act of Tennessee for the purpose of administering the special assessment revenues and the activities within and for the Downtown CBID, the making of improvements within and for the Downtown CBID, and the provision of services and projects within and for the Downtown CBID.

B. The District Management Corporation shall be governed by a Board of Directors consisting of eleven (11) members. Two members shall be appointed as provided in subsection C. below. The Mayor of the Metropolitan Government of Nashville and Davidson County shall appoint one of the eleven members who shall serve an initial three-year term subject to renewal by the Mayor. The Nashville Downtown Partnership shall appoint the remaining eight members who shall serve staggered, three-year terms. All eight members shall be property owners or have offices within the District. At least two of these eight members shall be large property owners and at least two shall be small property owners, as defined in the corporate charter of the district management corporation. One of the eight members shall be a commercial tenant. These seats shall be filled at an annual meeting upon nomination by the outgoing board members and confirmation by a majority of the owners of real property in the District voting in the election. At the end of these initial terms these seats shall then be filled at an annual meeting upon nomination by the outgoing board members and confirmation by a majority of the owners of real property in the District voting in the election. A property owner may vote by proxy vote.

C. The Speaker of the Senate of the State of Tennessee shall appoint the senator whose senate district includes the majority of the area contained within the Downtown CBID to serve as an ex officio member and the Speaker of the House of Representatives of the State of Tennessee shall appoint the representative whose house district includes the majority of the area contained with the Downtown CBID as an ex officio member. The ex officio members shall serve for the term for which they are elected and shall not be counted in determining the presence of a quorum.

D. Those members of the Council of The Metropolitan Government of Nashville and Davidson County in whose district(s) the Downtown CBID is situated shall serve as ex officio members of the board.

E. Vacancies on the board for elected members shall be filled by the remaining board members present and voting to fill the vacancy.

Section 2.177.060 District Management Corporation Powers.

A. In furtherance and not in limitation of the general powers conferred upon a CBID by Chapter 84 of Title 7 of the Tennessee Code Annotated and in keeping with the purposes of the Downtown CBID set forth herein, it is expressly provided that the district management corporation shall have the following powers which shall be exercised at the discretion of the District Management Corporation acting through its Board of Directors, as follows:

1. To acquire, construct or to maintain parking facilities;

2. To acquire, construct or maintain public improvements;

3. To acquire real property or an interest therein connection with a public improvement;

4. To provide services for the improvement and operation of the District, to supplement those provided by the Metropolitan Government, as follows:

a. Promotion and marketing;
b. Advertising;
c. Health and sanitation;
d. Public safety;
e. Elimination of problems related to traffic and parking;
f. Security services;
g. Recreation;
h. Cultural enhancements;
i. Activities in support of business or residential recruitment, retention and management development;
j. Aesthetic improvements, including the decoration, restoration or renovation of any public space or of building facades and exteriors in public view which confer a public benefit;.
k. Professional management, planning and promotion of the District;
l. Consulting with respect to planning, management, and development activities;
m. Furnishing of music in any public place;
n. Design assistance; and
o. Such other services as are authorized by Tennessee Code Annotated, § 7-84-520.

5. To enter into contracts and agreements with other persons or entities.

6. To hire employees or retain agents, engineers, architects, planners, consultants, attorneys and accountants.

7. To acquire, construct, install and operate public improvements contemplated by this Ordinance and all property rights or interests incidental or appurtenant thereto, and to dispose of real and personal property and any interest therein including leases and easements in connection therewith.

8. To manage, control and supervise:
a. All the business and affairs of the District.
b. The acquisition, construction and installation and operation of public improvements within the District.
c. The operation of District services therein.

9. To construct and install improvements across and along any public street, alley, highway, stream of water or water course in accordance with state and local laws, rules or regulations.

10. To construct and operate child care facilities.
11. To accept, administer and comply with the conditions and requirements respecting any appropriation of funds or any gift, grant or donation of property or money to the Central Business Improvement District; and

12. To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this section.

B. All services to the District listed above shall be provided by the District Management Corporation as a service to and in support of the Metropolitan Government and such services are to be paid for out of revenues from the special assessment. Revenues from special assessments shall be used to supplement and not to pay for the same level of services provided by the Metropolitan Government within the District as are provided throughout the urban services district. In no event will the level of urban services provided to the District be decreased as a result of the enhanced level of services provided through the special assessment revenues; provided, however, the level of urban services may be decreased for other reasons. In carrying out these responsibilities, District Management Corporation must comply with all applicable provisions of law, including Chapter 84 of Title 7 of Tennessee Code Annotated, all city resolutions and ordinances and all regulations lawfully imposed by the state auditor or other state agencies.

C. Initial Improvements: The following improvement programs are examples of services authorized to be undertaken within the District during its first year of operation:

1. Expanded security and cleaning services;
2. Downtown marketing; and,
3. Special projects and services necessary to maintain downtown as the compelling urban center in the Southeast in which to live, work, play and invest.

Section 2.177.070 Annual Budget.

The District Management Corporation shall annually submit to the Metropolitan Council a financial report and a written report of its activities for the preceding year together with a proposed budget for the next year. The annual budget shall include a projection of revenues from the special assessment and a projection of expenditures for projects, services and activities of the District Management Corporation and shall be reviewed and approved by the Metropolitan Council, or if not approved shall be returned to the Board of Directors for revision and resubmission until the Metropolitan Council shall approve the annual budget.

Section 2.177.080 Estimated Costs and Rate of Levy; Special Assessment Procedure.

A. The estimated costs of the initially proposed improvements, services projects and other permitted uses of special assessment revenues is $1,228,594.

B. The initial rate of levy of the special assessment for the Downtown CBID shall be twenty-three and sixty-one one hundredths cents ($.2361) per $100 of assessed value of real property. Such rate of levy shall continue in force until changed by the Metropolitan Council in accordance herewith. A change in the rate of levy of such special assessment may be initiated only by a resolution of the District Management Corporation requesting that the rate be changed. Upon receipt of this resolution from the District Management Corporation, the Metropolitan Council must hold a public hearing on whether there should be a change in the rate of levy for the special assessment, and no such change shall become effective unless and until it is approved by an ordinance enacted by the Metropolitan Council.

C. Beginning in 2008, special assessments shall be levied against all taxable real property within the Downtown CBID pursuant to a special assessment roll of all owners of real property within the Downtown CBID as shown in the records of the Assessor of Property for the Metropolitan Government of Nashville and Davidson County, including owners of leaseholds on property owned by the Industrial Development Board of the Metropolitan Government of Nashville and Davidson County.

D. Notice of the special assessment shall be issued simultaneously with tax notices for regular Metropolitan Nashville real property taxes, and revenues from the special assessment shall be collected by the Metropolitan Trustee and placed into a segregated account subject to the direction of the Metropolitan Council and the District Management Corporation to the extent it is empowered by this ordinance.

E. Special assessments shall be imposed and collected annually as set forth hereinabove and changes in the rate or additions to the rate of the special assessment may be made only on an annual basis and only in accordance with the procedure set forth in Section 2.08.070(B).

F. Penalty and interest in the amount permitted by state law shall be added to any such assessment or installment thereof not paid on or before the date prescribed by the Metropolitan Government of Nashville and Davidson County.

Section 2.174.090 Dissolution of the District Management Corporation.

The Downtown CBID shall be dissolved without further action by the District Management Corporation or the Metropolitan Council on January 1, 2018. However, the Downtown CBID shall not be dissolved if, prior to that date the Metropolitan Council, by ordinance, determines that the Downtown CBID should be continued and a petition that satisfies the requirements of the Central Business Improvement Act, T.C.A. § 7-84-501 et seq. is filed requesting that the Downtown CBID be continued.

The Metropolitan Council may dissolve the Downtown CBID upon receipt of a written petition filed either: (a) by the owners of 75% of the assessed value of the taxable real property in the Downtown CBID based on the most recent certified City property tax rolls; or (b) by 50% of the owners of record within the Downtown CBID.

The Downtown CBID may not be dissolved if the Metropolitan Government has outstanding any bonds, notes or other obligations payable solely from the special assessment revenues levied on the real property within the Downtown CBID in which case such dissolution may occur only at such time as such bonded indebtedness has been repaid in full or the Metropolitan Government pledges to the payment of such indebtedness its full faith and credit and unlimited taxing power. Upon dissolution of the Downtown CBID, any unencumbered assessment proceeds remaining under the control of the Downtown CBID shall be disbursed to the owners of Downtown CBID real property pro rata based upon the amounts of the respective assessments.

SECTION 2. The Metropolitan Council of the Metropolitan Government of Nashville and Davidson County hereby authorizes the Metropolitan Mayor to execute a memorandum of agreement between the Metropolitan Government and the District Management Corporation specifying the level of urban services currently being provided and making assurances consistent with this Ordinance. The Director of the Department of Finance shall approve the method of collection, administration and distribution of the special assessment revenue authorized hereunder.

SECTION 3. 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: Mike Jameson, Ludye Wallace, Rip Ryman

Amendment No. 1
To
Ordinance No. BL2007-1312

Mr. President:

I move to amend Ordinance No. BL2007-1312 by renumbering the existing

Section 3 as Section 4, and by adding the following new Section 3:

SECTION 3. Effective January 1, 2008, Chapter 2.174 of the Metropolitan Code shall be repealed in its entirety.

Sponsored by: Mike Jameson, Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	January 16, 2007
Passed First Reading:	January 16, 2007
Referred to:	Budget & Finance Committee
Amended:	February 6, 2007
Passed Second Reading:	February 6, 2007
Passed Third Reading:	February 20, 2007
Approved:	February 21, 2007
By: