ORDINANCE NO. BL2010-695

An ordinance approving Tennessee Code Annotated Section 67-5-603(d) which permits proration of the annual real property tax assessments of certain properties affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”).

WHEREAS, many citizens of Davidson County suffered severe property damage as a result of an historic flooding event in early May 2010; and,

WHEREAS, on May 4, 2010, President Obama declared several counties in Tennessee, including Davidson, a major disaster area; and,

WHEREAS, Tennessee Code Annotated Section 67-5-603(d) (“the Statute”) permits an Assessor, upon application of the taxpayer prior to September 1, 2010, to prorate the annual real property assessments for buildings or improvements moved, demolished, destroyed or substantially damaged by a disaster in a county included in a FEMA declaration; and,

WHEREAS, the Statute provides for such a proration in instances where the total time the building or improvement was destroyed or damaged and not replaced or restored exceeded thirty (30) days; and,

WHEREAS, the Statute provides that any such proration is limited to the actual time the building or improvement was substantially damaged or destroyed and not replaced or restored; and,

WHEREAS, the Statute requires the Metropolitan County Council to approve subsection (d) by a two-thirds (2/3) vote in order for it to take effect; and,

WHEREAS, it is in the interest of the citizens of The Metropolitan Government of Nashville and Davidson County that the Statute be approved.

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

Section 1. That the Metropolitan County Council hereby approves and adopts the provisions of Tennessee Code Annotated Section 67-5-603(d) (“the Statute”) and said Statute shall be applicable to The Metropolitan Government of Nashville and Davidson County.

Section 2. 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: Bo Mitchell, Ronnie Steine, Charlie Tygard, Eric Crafton

LEGISLATIVE HISTORY
Introduced:	June 1, 2010
Passed First Reading:	June 1, 2010
Referred to:	Budget & Finance Committee
Passed Second Reading:	June 15, 2010
Passed Third Reading:	July 20, 2010
Approved:	July 23, 2010
By: