SUBSTITUTE RESOLUTION NO. RS2008-383

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 adopting resolution a brief description of each amendment 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 4, 2008.

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: Michael Craddock

Amendment No. _________

Chapter 3 of Article 11 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting Section 11.301 in its entirety and inserting the following new sections in its place:
Sec. 11.301. Electric Power Board of Nashville continued as metropolitan agency.

The Electric Power Board of Nashville, created and established by chapter 246, Private Acts of 1947, and amendatory acts, the same being the Charter of the City of Nashville, shall continue to exist as the Electric Power Board of the Metropolitan Government of Nashville and Davidson County and to function as an agency of the metropolitan government.

Sec. 11.302. Electric Power Board of Nashville: additional obligations and duties.

In addition to other duties imposed by this Charter or by general law, it shall be the obligation and duty of the electric power board to permit within the area of the Metropolitan Government the departments of the Metropolitan Government to make attachments to the poles owned by the board, work in easements of the board, and work in the public rights of way to install and maintain equipment reasonable and necessary for the public safety and welfare without charge to the Metropolitan Government.

Sec. 11.303. Continuation of Certain Provisions of Chapter 246, Private Acts of 1947.

Except as provided in Section 11.302 of this article, the electric power board shall have all the rights, duties, powers, obligations, privileges and responsibilities as are contained in the terms and provisions of said Private Acts or Municipal Charter of the City of Nashville. A copy of the terms and provisions of said Private Acts or Municipal Charter, with modifications limited to those provided in Section 11.302 of this article and the changes necessary and proper to constitute said electric power board an agency of the metropolitan government, is attached to this Charter and made a part hereof as Appendix Three hereto.

FOR THE BALLOT

Amendment No. _______

This amendment would allow the Metropolitan Government to make pole attachments and have right of way access without charge by the electric power board (Nashville Electric Service) when needed for public safety and welfare.

Sponsored by: Michael Craddock