RESOLUTION NO. RS99-23

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.


WHEREAS, Article 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, provides that the Metropolitan Government shall not adopt a resolution proposing amendments to the Charter more often than twice during the term of office of members of the Metropolitan Council; and

WHEREAS, Article 19, Section 19.01, also requires to be set forth in the adoption resolution a brief description of each amendment so worded so as to convey the meaning of said amendment; and

WHEREAS, it is the desire of the Metropolitan Council by adopting this resolution to fulfill these two Charter requirements.

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

SECTION 1. Pursuant to the provisions of Section 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, the proposed amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, attached hereto, are submitted to the people for approval in the manner provided by Section 19.01 of the Charter.

SECTION 2. The date prescribed for holding of the referendum election at which the electorate of the Metropolitan Government will vote to ratify or reject the amendments proposed in Section 1 of this Resolution shall be November 7, 2000.

SECTION 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Shulman

ATTACHMENT

AMENDMENT NO. 1

Article 11, Chapter 3. Section 11.301 shall be amended, by amending Appendix Three relating to the electric power board as follows:

By deleting from Article 42 paragraph 10 in its entirety and substituting in lieu thereof the following new paragraph 10:

"Effective January 1, 2001 there is hereby created the Electric Power Board of The Metropolitan Government of Nashville and Davidson County to succeed to all powers, duties, and, functions of the present Electric Power Board.

The Electric Power Board shall be composed of nine (9) members whose terms of office shall be four (4) years each. One member shall be appointed from each of the School Districts created pursuant to Section 9.02 of the Charter. Five (5) members initially appointed shall serve for an initial term of two (2) years and, thereafter, the succeeding term shall be four (4) years.

The members of the Electric Power Board shall be appointed by the Mayor and confirmed by a majority vote of the whole membership of the Council, All members of the Electric Power Board who are appointed by the Mayor and confirmed by the Council as provided herein shall serve as such members for the term of office to which they are appointed, and until their successors are appointed and qualified.

No person shall be eligible for appointment to membership of the board unless they shall been a bona fide resident of the district from which they are appointed for at least three (3) years next preceding the date of their appointment and must be at least twenty-five (25) years of age and a citizen of the United States. If any member of the board shall cease to possess any of the qualifications for their office, as above enumerated or hereinafter prescribed, a vacancy shall thereupon immediately occur and their office shall be filled as herein provided. When the term of office on any member or members of said board shall have expired, or when any vacancy in the board occurs by reason of death, resignation, removal or other cause, the vacancy or vacancies shall be filled by appointment by the Mayor, subject to confirmation by the Council.

The present five (5) members of the board shall continue to hold office until appointed and confirmed under these provisions or until their successors are appointed and confirmed."

FOR THE BALLOT

Amendment No.___________

This amendment would increase the membership of the Electric Power Board from the current five (5) members to nine (9) members serving four (4) year terms, with one member each being appointed from each of the nine school districts.

Sponsored by: Jim Shulman

LEGISLATIVE HISTORY

Referred to: Charter Revision Commission
Charter Revision Committee
Introduced: October 19, 1999
Deferred Indefinitely: October 19, 1999
Withdrawn: August 19, 2003