A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to allow the Metropolitan Charter’s previously enacted Charter amendment provisions, which have been arguably overridden by state law, to be applicable in the area of the Metropolitan Government.

WHEREAS, §19.01 of the Metropolitan Charter, enacted in 1972 and amended in 1988, provides in part that amendments to the Metropolitan Charter may be proposed and placed on the ballot upon a petition signed by ten percent (10%) of the number of registered voters in Davidson County voting in the preceding general election; and

WHEREAS, T.C.A. §2-5-151, enacted in 1997, provides that petitions for recall, referendum or ballot initiatives must be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county; and

WHEREAS, the election procedures adopted by the Tennessee General Assembly in 1997 have in effect changed the procedures for amending the Charter within the area of the Metropolitan Government; and

WHEREAS, requiring fifteen percent (15%) of the total number of registered voters in the County rather than ten percent (10%) of those voting in the preceding general election has a marked impact on the feasibility of obtaining the necessary signatures to amend the Charter; and

WHEREAS, since the voters of Davidson County have enacted their own Charter amendment procedures, it is fitting and proper that state law allow the Metropolitan Charter amendment methods to be used in the area of Davidson County.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to enact necessary legislation to allow the Metropolitan Charter’s previously enacted Charter amendment provisions, which have been arguably overridden by state law, to be applicable in the area of the Metropolitan Government.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution by United States mail or electronic mail to each member of the Davidson County Delegation to the General Assembly.

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: Chris Whitson