ADOPTED 03/16/1999

RESOLUTION NO. R99- 1465

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 property at 1812A Third Avenue North, Map and Parcel No. 81-8-309, a vacant and blighted property acquired by the Metropolitan Government through a back-tax sale and transferred to 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, the subject property addressed by this resolution is owned by the Metropolitan Development and Housing Agency, having been acquired by the Metropolitan Government through a back-tax sale; and

WHEREAS, the redemption period for this property 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 this property 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 parcel of property listed in Section 2 and owned by 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, through MPC resolution R98-489, has determined 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 parcel of property for the purpose of clearing title.

Map 81-8, Parcel 309 1812A Third Avenue North

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 & Ronnie Steine

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: March 16, 1999
Adopted: March 16, 1999
Approved: March 24, 1999
By: mayor.gif (527 bytes)