LEGISLATIVE HISTORY
Budget & Finance Committee
Convention & Tourism Committee
Planning & Zoning Committee
ORDINANCE NO. BL2009-437
An ordinance authorizing the acquisition of property in fee simple by negotiation or condemnation for the Convention Center Project, providing for certain relocation assistance payments and authorizing the conveyance of the Convention Center Project by the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County.
WHEREAS, The Metropolitan Government of Nashville and Davidson County is given the power by Section 2.01(5) and (12), of the Metropolitan Charter to provide for the taking and appropriation of real property within the area of The Metropolitan Government of Nashville and Davidson County for any public purpose, when the public convenience requires it and in accordance with the provisions of Tennessee Code Annotated, Sections 29-16-101 et seq. and 29-17-101, et seq., and also the power to purchase real property for any public purpose; and,
WHEREAS, pursuant to Resolution RS2008-143, the Metropolitan Council authorized the Metropolitan Development and Housing Agency to undertake certain predevelopment activities towards the construction of a new city-owned convention center; and,
WHEREAS, as a part of the predevelopment activities, the Metropolitan Development and Housing Agency has developed the Convention Center Master Plan (the “Master Plan”), a copy of which is attached hereto as Exhibit A; and,
WHEREAS, it is in the public interest that the property listed on Exhibit B, which is attached hereto and incorporated herein, be acquired through negotiation or condemnation for the purpose of acquiring land for the construction of the new convention center, the construction of a convention center parking garage, the relocation of the NES substation, Capital Budget No. 07CC0015; the right-of-way for Korean Veterans Boulevard Corridor (formerly Gateway Boulevard) from 4th to 8th Avenues South, Capital Budget No. 95PW002; the right-of-way for Demonbreun Street improvements, Capital Budget No. 06PW0006; and the construction of the convention center hotel located within the Downtown Central Business Improvement District; (collectively, the “Convention Center Project”); and,
WHEREAS, the Metropolitan Development and Housing Agency, as the agency designated to construct the Convention Center Project on behalf of The Metropolitan Government of Nashville and Davidson County, will transfer the Convention Center Project, or portions thereof, when completed to The Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.
Section 1. The Metropolitan Development and Housing Agency is hereby authorized to acquire by negotiation or condemnation the fee simple property interests in the property listed on Exhibit B for the purpose of acquiring land for the construction of the Convention Center Project, the same being necessary for the purpose of constructing the Convention Center Project, such project being for a public purpose and the public convenience requiring it.
Section 2. The Metropolitan Development and Housing Agency shall provide relocation payments and assistance to eligible persons displaced as a result of the acquisition of property for the Convention Center Project pursuant to Section 2.24.370, et seq., of the Metropolitan Code of Laws.
Section 3. The Director of Public Property Administration, or his designee, is hereby authorized to accept the conveyance of the Convention Center Project, or any portion thereof from the Metropolitan Development and Housing Agency.
Section 4. The Metropolitan County Council hereby approves the Master Plan.
Section 5. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provision of this ordinance, it being the express intent of the Council of The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.
Section 6. Acquisition of additional or different properties, for these same purposes, or the elimination of any of these parcels no longer needed for these purposes, shall be approved by resolution.
Section 7. This Ordinance shall take effect from and after its adoption, the welfare of the Metropolitan Government and Davidson County requiring it.
Sponsored by: Jim Forkum, Tim Garrett, Erica Gilmore, Greg Adkins, Rip Ryman
Amendment No. 1
To
Ordinance No. BL2009-437
FAILED
Madam President:
I move to amend Ordinance No. BL2009-437 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:
“Section 1. Subject to the conditions precedent set forth in this Section, the Metropolitan Development and Housing Agency is hereby authorized to acquire by negotiation or condemnation the fee simple property interests in the property listed on Exhibit B for the purpose of acquiring land for the construction of the Convention Center Project, the same being necessary for the purpose of constructing the Convention Center Project, such project being for a public purpose and the public convenience requiring it. Prior to the acquisition of any fee simple property interests in the property listed on Exhibit B, a guaranteed maximum price for the Convention Center Project be determined and the financing mechanism for the construction of the Convention Center Project, exclusive of the convention center hotel, be approved by the Council.”
Sponsored by: Eric Crafton
Amendment No. 2
To
Ordinance No. BL2009-437
Madam President:
I move to amend Ordinance No. BL2009-437 by adding the following new Section 3 and renumbering the remaining Sections of the Ordinance accordingly:
“Section 3. Not later than August 1, 2009, the Metropolitan Government shall create a website accessible to the general public providing details regarding the amounts of the following tourist accommodation taxes collected for the Convention Center Project and a line-item description of all Convention Center Project expenditures:
1. 2% of the 6% Hotel/Motel Tax authorized by Section 7-4-102 of the Tennessee Code Annotated and Section 5.12.020 of the Metropolitan Code;
2. $2.00 of the $2.50 Hotel Room Occupancy Tax authorized by Section 7-4-202 of the Tennessee Code Annotated and Section 5.12.120 of the Metropolitan Code;
3. The entire $2.00 Contracted Vehicle Tax authorized by Section 7-4-203 of the Tennessee Code Annotated and Section 5.16.130 of the Metropolitan Code; and
4. The entire 1% Rental Vehicle Surcharge Tax authorized by Section 67-4-1908 of the Tennessee Code Annotated and Section 5.32.190 of the Metropolitan Code.”
Sponsored by: Eric Crafton
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | April 21, 2009 |
| Passed First Reading: | April 21, 2009 |
| Referred to: | Planning
Commission Budget & Finance Committee Convention & Tourism Committee Planning & Zoning Committee |
| Amended: | May 19, 2009 |
| Passed Second Reading: | May 19, 2009 - Roll Call Vote |
| Passed Third Reading: | June 2, 2009 - Roll Call Vote |
| Approved: | June 9, 2009 |
| By: | |