ORDINANCE NO. BL2015-67

An ordinance amending Title 2 of the Metropolitan Code of Laws authorizing the creation of a Gulch Central Business Improvement District for Metropolitan Nashville and Davidson County, Tennessee, and appointing a corporation to act as an advisory board to the District with the necessary powers and authority to carry out the purposes and intent of the District.

WHEREAS, on August 15, 2006, the Metropolitan Council enacted Ordinance No. BL2006-1123, as amended, which authorized creation of a Gulch Central Business Improvement District (GCBID), which will expire December 31, 2016; and

WHEREAS, pursuant to the Central Business Improvement District Act of 1990, property owners in a confined area within "the Gulch" area of downtown Nashville representing a majority of the real property owners and at least two thirds (2/3) of the assessed value of all of the real property within that area, have presented petitions to the Metropolitan Government of Nashville and Davidson County requesting creation of a Gulch Central Business Improvement District ("the District") for the Gulch area upon its expiration on December 31, 2016; and

WHEREAS, the creation of a Gulch District will enhance the local business climate and help manage the area and ensure that it is clean, safe and vibrant and will bring more people to the Gulch area of downtown Nashville area to work, live, shop and play; and

WHEREAS, among the services and improvements to be funded by the District will be maintenance programs including graffiti and handbill removal, trash removal, sidewalk sweeping and pressure washing, public space management, security enhancement, beautification efforts, communications and marketing, District advocacy, District management, and special projects.

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

Section 1. Title 2 of the Metropolitan Code of Laws is hereby amended by adding the following new chapter relative to the establishment of a Gulch Central Business Improvement District and appointing a management corporation to act as an advisory board to the District with the necessary powers and authority to carry out the purposes of the District:

2.176.010 District created-Boundary.
In accordance with the provisions of and established pursuant to Tennessee Code Annotated § 7-84-501, et seq., there is hereby created a Gulch Central Business Improvement District (GCBID) which shall include all properties within that area of the city bounded and generally described as follows:

Beginning at the intersection of 13th Avenue South and Broadway, proceeding northeasterly along the southern boundary of Broadway to the northeastern corner of parcel 093-09-0-328.00, thence southeasterly along the western boundary of the CSX Railroad Right-of-Way to the intersection of Interstate 40 W, proceeding generally northwesterly along the eastern boundary of the Interstate 40 W right-of-way, back to the originating point of the intersection of 13th Avenue South and Broadway.

2.176.020 Purposes and mission.
A. The Metropolitan Council hereby finds and declares that the establishment of a GCBID will promote the successful and continued revitalization of the Gulch area of downtown Nashville, thereby furthering the health, safety, morals and general economic welfare of Metropolitan Nashville and Davidson County.
B. The purpose and mission of this GCBID is hereby declared to be:
To undertake and provide an enhanced level of programs and services not provided by the Metropolitan Government which will help maintain the Gulch area of downtown Nashville as a clean, safe and vibrant place to work, live, shop, play and invest.

2.176.030 Liberal construction.
This ordinance, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effectuate its purposes.

2.176.040 Definitions.
A. As used in this ordinance, unless a contrary meaning clearly appears:
1. "Assessed value" means value as assessed for municipal tax purposes.
2. "District" or "Gulch Central Business Improvement District" or "GCBID" means the central business improvement district created by this ordinance.
3. "District Management Corporation" means the board or organization created or the organization appointed to act as an advisory board for the purpose of making and carrying out recommendations for the use of special assessment revenues, and for the purpose of administering activities within and for the District and the provision of services and projects within and for the District.
4. "Initiating petition" means the petition filed in the office of the Metropolitan Clerk requesting the establishment of the GCBID.
5. "Owner" means the record owner of real property in fee or a representative of such owner duly authorized to act for and on behalf of said owner.

2.176.050 District Management Corporation.
A. There is hereby authorized a District Management Corporation to be chartered pursuant to the provisions of the Nonprofit Corporation Act of Tennessee for the purpose of administering the special assessment revenues and the activities within and for the District, the making of improvements within and for the District, and the provision of services and projects within and for the District.
B. The District Management Corporation shall be governed by a board of directors consisting of at least eight (8) members, but no more than thirteen (13) members. At least three (3) members shall be appointed as provided in sub-section C below. All members shall be property owners or have offices within the District. At least two of these members shall be large property owners, at least two shall be small property owners, as defined in the Amended and Restated Bylaws of The Gulch Business Improvement District, Inc. at least one of the members shall be a commercial tenant and at least one of the members shall be the owner-occupant of a residence in the District. Board members serve a three-year term. At the end of the terms, these seats shall then be filled at an annual meeting upon nomination by the outgoing board members and confirmation by a majority of the owners of real property in the District voting in the election. A property owner may vote by proxy vote. The executive director of the Metropolitan Development and Housing Agency shall serve a recurring term as a voting member.
C. The Speaker of the Senate of the State of Tennessee shall appoint the senator whose senate district includes the majority of the area contained within the GCBID to serve as an ex officio member, and the Speaker of the House of Representatives of the State of Tennessee shall appoint the representative whose house district includes the majority of the area contained with the GCBID as an ex officio member. In addition, any member of council whose council district includes any of the area contained within the GCBID shall serve as an ex officio member. The ex officio members shall serve for the term for which they are elected and shall not be counted in determining the presence of a quorum.
D. Vacancies on the board for elected members shall be filled by the remaining board members present and voting to fill the vacancy.

2.176.060 District Management Corporation powers.
A. In furtherance and not in limitation of the general powers conferred upon a CBID by Chapter 84 of Title 7 of the Tennessee Code Annotated, and in keeping with the purposes of the GCBID set forth herein, it is expressly provided that the District Management Corporation shall have the following powers which shall be exercised at the discretion of the District Management Corporation acting through its Board of Directors, as follows:
1. Expanded maintenance and cleaning services, enhanced safety and hospitality services;
2. Additional streetscape and landscape programs;
3. Communication and marketing, District advocacy and district management;
4. To provide services for the improvement and operation of the District, to supplement those provided by the Metropolitan Government, as follows:
a. Promotion and marketing;
b. Advertising;
c. Health and sanitation;
d. Public safety;
e. Elimination of problems related to traffic and parking;
f. Security services;
g. Recreation;
h. Cultural enhancements;
i. Activities in support of business or residential recruitment, retention and management development;
j. Aesthetic improvements, including the decoration, restoration or renovation of any public space or of building facades and exteriors in public view which confer a public benefit;.
k. Professional management, planning and promotion of the District;
l. Consulting with respect to planning, management, and development activities;
m. Furnishing of music in any public place;
n. Design assistance; and
o. Such other services as are authorized by Tennessee Code Annotated, § 7-84-520.
5. To enter into contracts and agreements with other persons or entities.
6. To hire employees or retain agents, engineers, architects, planners, consultants, attorneys and accountants.
7. To acquire, construct, install and operate public improvements contemplated by this Ordinance and all property rights or interests incidental or appurtenant thereto, and to dispose of real and personal property and any interest therein including leases and easements in connection therewith.
8. To manage, control and supervise:
a. All the business and affairs of the District;
b. The acquisition, construction and installation and operation of public improvements within the District;
c. The operation of District services therein.
9. To construct and install improvements across and along any public street, alley, highway, stream of water or water course in accordance with state and local laws, rules or regulations.
10. To construct and operate child care facilities.
11. To accept, administer and comply with the conditions and requirements respecting any appropriation of funds or any gift, grant or donation of property or money to the Gulch Central Business Improvement District; and
12. To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this section.
B. All services to the District listed above shall be provided by the District Management Corporation as a service to and in support of the Metropolitan Government and such services are to be paid for out of revenues from the special assessment. Revenues from special assessments shall be used to supplement and not to pay for the same level of services provided by the Metropolitan Government within the District as are provided throughout the urban services district. In no event will the level of urban services provided to the District be decreased as a result of the enhanced level of services provided through the special assessment revenues; provided, however, the level of urban services may be decreased for other reasons. In carrying out these responsibilities, the District Management Corporation must comply with all applicable provisions of law, including Chapter 84 of Title 7 of Tennessee Code Annotated, all city resolutions and ordinances, and all regulations lawfully imposed by the state auditor or other state agencies.
C. Initial Improvements: The following improvement programs are examples of services authorized to be undertaken within the District during its first year of operation:
1. Security Enhancement - initially consisting of additional, unarmed security patrols within the GCBID;
2. Downtown Marketing - creating business recruitment and retention materials, promoting the Gulch area of downtown Nashville to consumers through publications, programming and expansion of current visitor marketing efforts; and
3. Improving Gulch area beautification, sanitation and maintenance.

2.176.070 Annual budget.
The District Management Corporation shall annually submit to the Metropolitan Council a financial report and a written report of its activities for the preceding year together with a proposed budget for the next year. The annual budget shall include a projection of revenues from the special assessment and a projection of expenditures for projects, services and activities of the District Management Corporation and shall be reviewed and approved by the Metropolitan Council, or if not approved shall be returned to the Board of Directors for revision and resubmission until the Metropolitan Council shall approve the annual budget.

2.176.080 Estimated costs and rate of levy; Special assessment procedure.
A. The estimated costs of the initially proposed improvements, services projects and other permitted uses of special assessment revenues is $480,000.00.
B. The initial rate of levy of the special assessment for the GCBID shall be a rate of assessment not exceeding eighteen cents ($0.18) per $100 of assessed value of real property for calendar year 2017, and not exceeding fifteen cents ($0.15) per $100 of assessed value of real property for calendar year 2018. Such rate of levy shall continue in force until changed by the Metropolitan Council in accordance herewith. A change in the rate of levy of such special assessment may be initiated only by a resolution of the District Management Corporation requesting that the rate be changed. Upon receipt of this resolution from the District Management Corporation, the Metropolitan Council must hold a public hearing on whether there should be a change in the rate of levy for the special assessment.
C. Beginning in 2016, special assessments shall be levied against all taxable real property within the GCBID pursuant to a special assessment roll of all owners of real property within the District as shown in the records of the Assessor of Property for the Metropolitan Government of Nashville and Davidson County, including owners of leaseholds on property owned by the Industrial Development Board of the Metropolitan Government of Nashville and Davidson County.
D. Notice of the special assessment shall be issued simultaneously with tax notices for regular Metropolitan Nashville real property taxes, and revenues from the special assessment shall be collected by the Metropolitan Trustee and placed into a segregated account subject to the direction of the Metropolitan Council and the District Management Corporation to the extent it is empowered by this ordinance.
E. Special assessments shall be imposed and collected annually as set forth hereinabove and changes in the rate or additions to the rate of the special assessment may be made only on an annual basis and only in accordance with the procedure set forth in Section 2.08.070(B).
F. Penalty and interest in the amount permitted by state law shall be added to any such assessment or installment thereof not paid on or before the date prescribed by the Metropolitan Government of Nashville and Davidson County.

2.176.090 Dissolution of the District Management Corporation.
A. The District shall be dissolved without further action by the District Management Corporation or the Metropolitan Council on December 31, 2026. However, the District shall not be dissolved if, prior to that date the Metropolitan Council, by ordinance, determines that the District should be continued and a petition that satisfies the requirements of the Central Business Improvement Act, T.C.A. § 7-84-501 et seq. is filed requesting that the District be continued.
B. The Metropolitan Council may dissolve the District upon receipt of a written petition filed either: (a) by the owners of 75% of the assessed value of the taxable real property in the District based on the most recent certified City property tax rolls; or (b) by 50% of the owners of record within the District.
C. The District may not be dissolved if the Metropolitan Government has outstanding any bonds, notes or other obligations payable solely from the special assessment revenues levied on the real property within the District, in which case such dissolution may occur only at such time as such bonded indebtedness has been repaid in full or the Metropolitan Government pledges to the payment of such indebtedness its full faith and credit and unlimited taxing power. Upon dissolution of the District, any unencumbered assessment proceeds remaining under the control of the District shall be disbursed to the owners of District real property pro rata, based upon the amounts of the respective assessments.

Section 2. The Metropolitan Council of the Metropolitan Government of Nashville and Davidson County hereby authorizes the Metropolitan Mayor to execute a memorandum of agreement between the Metropolitan Government and the District Management Corporation specifying the level of urban services currently being provided and making assurances consistent with this Ordinance. The Director of the Department of Finance shall approve the method of collection, administration and distribution of the special assessment revenue authorized hereunder.

Section 3. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Freddie O’Connell, Bill Pridemore

Amendment No. 1
To
Ordinance No. BL2015-67

Mr. President:

I move to amend Ordinance No. BL2015-67 by amending Section 1 by amending the proposed section 2.176.080 as follows:

1. By deleting, in subsection E., the reference to “2.08.070 B” and substituting in lieu thereof the reference “2.176.080 B.”

I further move to amend Ordinance No. BL2015-67 by amending Section 1 by amending the proposed section 2.176.060 as follows:

2. By deleting subsection C in its entirety.

Sponsored by: Freddie O'Connell

LEGISLATIVE HISTORY
Introduced:	December 1, 2015
Passed First Reading:	December 1, 2015
Referred to:	Budget & Finance Committee
Amended:	December 15, 2015
Passed Second Reading:	December 15, 2015
Passed Third Reading:	January 5, 2016
Approved:	January 6, 2016
By: