RESOLUTION NO. RS2005-1033

A resolution authorizing the Metropolitan Council Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee to conduct a joint investigation regarding the demolition of "Evergreen Place", being the former site of the Jim Reeves Museum, located at 5007 Gallatin Pike.

WHEREAS, on September 22, 2005, the historic Evergreen Place home located at 5007 Gallatin Pike, being the former site of the Jim Reeves Museum, was demolished hours after obtaining a demolition permit from the Zoning Administrator; and

WHEREAS, according to newspaper reports, the demolition permit granted to Robert N. Moore, Jr., was rescinded by the Metropolitan Government and a stop-work order was issued prior to the demolition of the structure; and

WHEREAS, Tennessee Code Annotated § 7-51-1201 provides in part that no owner may demolish any residential structure with historical significance constructed prior to 1865, which is repairable at a reasonable cost, without approval by the local legislative body; and

WHEREAS, Section 3.06 of the Charter of the Metropolitan Government of Nashville and Davidson County authorizes the Metropolitan Council, in aid of its legislative functions, and when passed by a resolution approved by a three-fourths majority of its entire membership, to conduct investigations by the whole Council or any of its committees; and

WHEREAS, Section 18.10 of the Metropolitan Charter further authorizes the Council to compel the attendance of witnesses and the production of books, papers and records pertinent to an investigation or hearing, and to administer oaths to witnesses; and

WHEREAS, it is fitting and proper that the Council Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee conduct a formal investigation of the occurrences surrounding the demolition of the structure located at 5007 Gallatin Pike.

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

Section 1. Pursuant to Section 3.06 of the Metropolitan Charter, the Metropolitan County Council hereby authorizes the Metropolitan Council Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee to conduct a formal joint investigation of the occurrences and events surround the demolition of Evergreen Place, located at 5007 Gallatin Pike. Said investigation shall include, but not be limited to, the events leading to the issuance of a demolition permit for the structure, the subsequent stop-work order issued by the Metropolitan Government, and the demolition of the structure on the same day.

Section 2. The Metropolitan Council Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee are hereby authorized to hold hearings, to compel the attendance of witnesses, the production of books, papers and records pertinent to the investigation authorized in Section 1 of this Resolution, to administer oaths to witnesses, and all such powers granted under Section 18.10 of the Metropolitan Charter. Upon completion of the investigation, the Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee shall make a report of its findings to the full Council, and shall make such recommendations to the Council as they deem necessary in the form of an ordinance for adoption by the Council.

Section 3. The Metropolitan Clerk is directed to send a copy of this Resolution to Vice Mayor Howard Gentry, and to the chairs of the Codes, Fair and Farmers Market Committee, and the Planning, Zoning and Historical Committee.

Section 4. That 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: Mike Jameson

LEGISLATIVE HISTORY

Referred: Codes, Fair & Farmers Market Committee
Planning & Zoning Committee 
Introduced: October 18, 2005
Failed: October 18, 2005 - Roll Call Vote