An Ordinance amending Ordinance No. BL2005-878, as amended, by repealing the provisions that declared the former thermal site property owned by the Metropolitan Government to be surplus and authorized the transfer of the property to the Industrial Development Board, which would have allowed for the construction of a new minor league baseball stadium and mixed-use development.

WHEREAS, on February 7, 2006, the Metropolitan Council enacted Ordinance No. BL2005-878, as amended, which authorized the acquisition of certain property at Parcel ID 90000000370 in fee simple by negotiation or condemnation, and declaring surplus and authorizing the transfer of certain property located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, and Parcel ID 90000000370 by the Metropolitan Government of Nashville and Davidson County to the Industrial Development Board; and

WHEREAS, the purpose of Ordinance No. BL2005-878 was to allow for the construction of a minor league baseball stadium and mixed-use development as contemplated by the Memorandum of Understanding (“MOU”) between the Metropolitan Government, the Metropolitan Development and Housing Agency, the Industrial Development Board, Struever Bros. Eccles & Rouse Development Holdings LLC (“Struever Bros.”), and the Nashville Sounds Baseball Club Limited Partnership (“Nashville Sounds”), which was approved by Ordinance No. BL2005-879; and

WHEREAS, pursuant to the terms of the MOU, as amended, performance of the MOU was expressly conditioned upon the closing taking place on or before April 15, 2007; and

WHEREAS, on April 3, 2007, the Metropolitan Council unanimously disapproved Resolution No. RS2007-1849, which, if adopted, would have approved an extension of the closing date in the MOU until October 31, 2007; and

WHEREAS, since Struever Bros. and the Nashville Sounds have been unable to reach an agreement regarding covering the costs for obtaining the ballpark construction pricing and for covering cost overruns on the construction of the ballpark, both parties have publicly stated that it is impossible to close on or before April 15, 2007; and

WHEREAS, the Metropolitan Council now desires to repeal certain provisions of Ordinance No. BL2005-878, as amended, to prevent the transfer of the property to the Industrial Development Board and to retain ownership and possession of the property.

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

Section 1.  That Ordinance No. BL2005-878, as amended, be and the same is hereby amended by repealing Section 4 and Section 5 in their entirety.

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

Sponsored by: John Summers

LEGISLATIVE HISTORY
Introduced:	May 1, 2007
Deferred:	May 1, 2007
Passed First Reading:	May 15, 2007
Referred to:	Budget & Finance Committee Parks Committee Planning & Zoning Committee
Deferred:	June 5, 2007
Passed Second Reading:	June 19, 2007
Passed Third Reading:	July 17, 2007
Approved:	July 23, 2007
By: