ADOPTED 08/03/1998


RESOLUTION NO. R98-1221

A RESOLUTION TO AUTHORIZE THE METROPOLITAN DEVELOPMENT AND HOUSING AGENCY TO ACT PURSUANT TO SECTION 10.86 ET SEQ., OF THE METROPOLITAN CODE OF LAW TO CLEAR TITLE ON TWENTY-FIVE (25) VACANT AND BLIGHTED PROPERTIES OWNED BY THE METROPOLITAN GOVERNMENT AND THE METROPOLITAN DEVELOPMENT AND HOUSING AGENCY.

WHEREAS, the Metropolitan Government of Nashville and Davidson County has undertaken an urban Homestead Program which includes the recycling of vacant properties through voluntary acquisition and negotiation or through purchase of property in back-tax sales; and

WHEREAS, Tennessee Code Annotated, Section 13-21-201 et seq., has authorized cities to revitalize neighborhoods by the acquisition of blighted and deteriorated properties; and

WHEREAS, the Metropolitan Council has adopted Ordinance No. O97-780, which establishes a process in accordance with TCA 13-21-201 et seq., whereby the title of vacant properties that have been through the back-tax sale procedure can be cleared and used for the Homestead program and other affordable home ownership programs; and

WHEREAS, all properties subject to this resolution are owned by the Metropolitan Government or the Metropolitan Development and Housing Agency, having been acquired by the Metropolitan Government through back-tax sales or acquired directly by the Metropolitan Development and Housing Agency through donation, voluntary acquisition or back-tax auctions; and

WHEREAS, the redemption period for all back-tax properties has expired; and

WHEREAS, Ordinance No. O97-780 designated the Board of Commissioners of the Metropolitan Development and Housing Agency as the Vacant Property Review Commission, which certifies properties as blighted or deteriorated to the Metropolitan Council; and

WHEREAS, the Board of Commissioners of the Metropolitan Development and Housing Agency has certified twenty-five (25) properties as blighted or deteriorated in accordance with Section 10.86.040 of the Metropolitan Code of Law.

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

SECTION 1: The Metropolitan Council accepts the written report of the Board of Commissioners of the Metropolitan Development and Housing Agency certifying that the twenty-five (25) parcels of property listed in Section 2 and owned by the Metropolitan Government or the Metropolitan Development and Housing Agency are blighted or deteriorated in accordance with Section 10.86.040 of the Metropolitan Code of Law based on the determination that:

(1) The property has been acquired by the Metropolitan Government or the Metropolitan Development and Housing Agency through a voluntary sale, or through a back-tax property auction;

(2) The redemption period for back-tax property has expired;

(3) The property is vacant;

(4) The property is blighted and deteriorated to such an extent as to constitute a threat to the public health, safely and welfare and is likely to continue to deteriorate unless corrected;

(5) The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property;

(6) The Metropolitan Planning Commission has determined through MPC Resolution No. 98-xxx that the reuse of the property for residential use is in keeping with the general plan.

SECTION 2: The Metropolitan Council authorizes the Metropolitan Development and Housing Agency to institute eminent domain proceeding pursuant to Title 29, Chapter 16 and 17 against the following parcels of property for the purpose of clearing title.

Map 34-13, Parcel 66207 Welworth Street
Map 41-16, Parcel 771213 Ewing Creek Drive
Map 63-8, Parcel 31University Avenue
Map 63-8, Parcel 32University Avenue
Map 71-1, Parcel 33534 Yokely Road
Map 71-1, Parcel 1512224 Monticello Road
Map 71-1, Parcel 1522220 Monticello Road
Map 72-11, Parcel 1841416 Monetta Avenue
Map 81-2 , Parcel 951715 Nubell Street
Map 81-3, Parcel 1782205 11th Avenue North
Map 81-7, Parcel 3931821 Cephas Street
Map 81-8, Parcel 505507 Garfield Street
Map 82-7, Parcel 267614 Stockell Street
Map 82-7, Parcel 295714 Stockell Street
Map 82-7, Parcel 459815 North 5th Street
Map 83-1, Parcel 4071130 Granada Avenue
Map 83-13, Parcel 351410 South 15th Street
Map 91-8, Parcel 84(No#) 43rdAvenue North
Map 93-4, Parcel 103(No#) Glenview Drive
Map 93-16, Parcel 35575 Donelson Street
Map 105-4, Parcel 11333 North Hill Street
Map 105-4, Parcel 11435 North Hill Street
Map 105-11, Parcel 1181709 Allison Place
Map 147-7, Parcel 65 4426 Providence Heights

SECTION 3. That 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: Willis McCallister & Melvin Black