ORDINANCE NO. BL2010-770

An ordinance amending the Metropolitan Code to assign certain duties and responsibilities to the Board of Fair Commissioners of the Metropolitan Government of Nashville and Davidson County.

WHEREAS, Chapter 515, Private Acts, 1923 and chapter 490 of the Acts of Tennessee for 1909 and amendments thereto created a Board of Fair Commissioners and provided for its powers and duties; and

WHERAS, Section 8, Chapter 515, Private Acts, 1923 allowed for adequate funding of the Board of Fair Commissioners through a .2 mill property tax levy; and

WHEREAS, Section 10, Chapter 515, Private Acts, 1923 provided that the Board of Fair Commissioners be vested with the power to gain complete charge and control of fair property for the purpose of holding a fair once a year; and

WHEREAS, pursuant to section 10, chapter 515, Private Acts, 1923, the Davidson County Board of Fair Commissioners did gain complete control of more or less 128 acres of fair property located on the east side of Rains Avenue and south of Wingrove Street and identified today on Metro Property Maps with Parcel ID 10511030100; and

WHEREAS, a deed was recorded on August 17, 1911 whereby the fair property was conveyed to Davidson County in consideration for the sum of $150,000; and

WHEREAS, the powers granted the by Chapter 515, Private Acts, 1923 were incorporated into and continued by Section 11.602 of the Metropolitan Charter; and

WHEREAS, the Board of Fair Commissioners has successfully held a fair for the benefit of the people of Davidson County for over 100 years on the same property it was directed to acquire by section 10, Chapter 515, Private Acts, 1923; and

WHEREAS, the Board of Fair Commissioners has operated the fair property to great benefit for the people of Davidson County by welcoming over 1 million visitors annually, generating almost 30,000 hotel room night sales, and producing $50-60 million in annual economic impact; and

WHEREAS, section 11.602 of the Metropolitan Charter provides that the Board of Fair Commissioners shall perform such other duties as may be imposed upon the board by ordinance; and

WHEREAS, the fair property is a valuable and irreplaceable asset of the people of Davidson County, Tennessee.

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

Section 1. Title 13 of the Metropolitan Code is hereby amended by amending Division 1 to create a new chapter 13.25:

Chapter 13.25 BOARD OF FAIR COMMISIONERS

13.25.010 General Provisions and Administration

A. The Board of Fair Commissioners, as established pursuant to Section 11.601 of the Charter of the Metropolitan Government of Nashville and Davidson County (hereinafter “Fair Board”) shall continue to hold a fair as more particularly described in sections 1 and 10, chapter 515, Private Acts 1923, which shall be known as “The Tennessee State Fair” on the more or less 128 acres conveyed to Davidson County and recorded in Book 410, page 385 at the Davidson County Register of Deeds on August 17, 1911 and more commonly referred to as the Tennessee State Fairgrounds. The Tennessee State Fair shall be held at least once a year for a minimum of 6 days.

B. The Fair Board shall lease all or part of the Tennessee State Fairgrounds property at such times and in such ways as to not interfere with the operation of the Tennessee State Fair. At a minimum, the Fair Board shall make the property available for recurring and occasional events including but not limited to a monthly flea market, annual lawn and garden show, annual gem show, annual car show, motor sports and such other activities and events that took place on the property in Fiscal Year 2009.

C. Notwithstanding the provisions of Metro Code of Laws § 2.24.220 et seq., the Fair Board shall not sell, lease, convey, transfer or otherwise dispose or divest of the Tennessee State Fairgrounds property unless and until such time as property of similar location, size and market value, is acquired through fee simple ownership by the Fair Board and adequate facilities are constructed for the continued operation of the Tennessee State Fair, motor sports, and other recurring and occasional events including but not limited to a monthly flea market, annual lawn and garden show, annual gem show, annual car show, and such other activities and events that took place on the property in Fiscal Year 2009.

D. In the event the Board of Fair Commissioners is unable or unwilling to continue with their responsibility to hold the Tennessee State Fair, they shall sub-contract to a suitably qualified non-profit entity the operation of the Tennessee State Fair and the occasional and recurring events referred to in the foregoing section 2. The Tennessee State Fair and the occasional and recurring events shall be conducted by the suitably qualified non-profit entity at the Tennessee State Fairgrounds or such other property under the control of the Fair Board pursuant to the foregoing section 3. Any arrangement by the Fair Board to sub-contract its responsibility to hold the Tennessee State Fair and other events shall be approved by resolution by the Metropolitan Council.

Section 2. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government requiring it.

Sponsored by: Duane Dominy, Robert Duvall, Jim Gotto, Michael Craddock, Jerry Maynard