ORDINANCE NO. BL2011-837

An ordinance requiring the Board of Fair Commissioners to issue a Request for Proposals for the privatization and continued operation of the fairgrounds functions.

WHEREAS, Chapter 6 of Article 11 of the Charter for the Metropolitan Government of Nashville and Davidson County provides for a Board of Fair Commissioners (“Fair Board”) to exercise all the powers and perform all the duties imposed on the Fair Board by Chapter 490 of the Acts of Tennessee for 1909 and Chapter 515 of the Private Acts of 1923; and

WHEREAS, the private acts referenced in Section 11.062 of the Metropolitan Charter provide that the Fair Board was established for the purpose of maintaining and operating a fair for the people of Davidson County; 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, in order to ensure that the functions held at the fair grounds during calendar year 2010 are continued while protecting the taxpayers of Davidson County, the Metropolitan Council has determined that a Request for Proposals should be issued for the privatization of all of the functions held at the fairgrounds; and

WHEREAS, Section 4.12.095.A. of the Metropolitan Code provides that no contract which provides for privatizing governmental services shall become effective unless and until such contract has been approved by ordinance adopted by the council.

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

Section 1. The Metropolitan Board of Fair Commissioners (hereinafter “Fair Board”) is hereby directed, in conjunction with the Metropolitan Purchasing Agent, to issue a Request for Proposals (“RFP”) pursuant to Section 4.12.040 of the Metropolitan Code for the private operation and continuation of the functions held at the existing 117-acre Tennessee State Fairgrounds site located in Council District 17 during calendar year 2010. Such RFP and ensuing contract shall include the following requirements:
1. That the contractor shall provide a Tennessee State Fair at the fairgrounds.
2. That the contractor shall continue to provide recurring and occasional events in addition to the Tennessee State Fair, including but not limited to, a monthly flea market, annual lawn and garden show, annual gem show, annual car show, and operation of the race track.
3. That a noise abatement wall be installed next to the racetrack at the contractor’s sole expense to reduce the noise impact on the adjacent neighborhood.
4. That the Metropolitan Government shall not be liable for any financial losses associated with the operation of the functions held at the fairgrounds.

Section 2. The Fair Board shall submit a draft of the RFP required by Section 1 of this Ordinance to each Member of the Metropolitan Council thirty (30) days prior to the posting of the RFP by the Metropolitan Purchasing Agent.

Section 3. The Fair Board shall not be required to comply with the provisions of Section 4.12.095.E. of the Metropolitan Code, but any privatization contract procured pursuant to this Ordinance shall be submitted to the Council for approval by Ordinance as required by Section 4.12.095.A. of the Metropolitan Code.

Section 4. This Ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Eric Crafton, Robert Duvall