ORDINANCE NO. BL2010-732

An ordinance approving Tennessee Code Annotated Section 67-5-606(c) which permits proration of the annual personal property tax assessments of certain personal property affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”).

WHEREAS, many businesses in Davidson County suffered severe personal 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 67-5-606(c) (“the Statute”) permits an Assessor, upon application of the taxpayer prior to September 1, 2010, to prorate the annual personal property assessments for commercial and industrial tangible personal property destroyed, demolished or substantially damaged as a result of a disaster in a county included in a FEMA declaration; and,

WHEREAS, the owner of the qualifying personal property must provide the assessor with a listing of the destroyed, demolished or substantially damaged personal property for which the proration is sought; and,

WHEREAS, the Statute provides for such a proration in instances where the total time the qualifying personal property was destroyed, demolished, or substantially 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 personal property was destroyed, demolished or substantially damaged and not replaced or restored; and,

WHEREAS, the Statute requires the Metropolitan County Council to approve subsection (c) by 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 67-5-606(c) (“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: Ronnie Steine

LEGISLATIVE HISTORY
Introduced:	August 3, 2010
Passed First Reading:	August 3, 2010
Referred to:	Budget & Finance Committee
Passed Second Reading:	August 17, 2010
Passed Third Reading:	September 21, 2010
Approved:	September 27, 2010
By: