RESOLUTION NO. RS2008-431

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 August 5, 2010.

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 Gotto

Amendment No. 1
To
Resolution No. RS2008-431

Madam President:

I move to amend RS2008-431 by substituting the proposed amendment to Article 2 of the Charter referenced in Section 1 with the attached new amendment.

Sponsored by: Jim Gotto

Amendment No. __________

Article 2 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new Section 2.03:

2.03. Use of eminent domain.
A. The Metropolitan County Council shall be the ultimate authority in determining whether to use the power of eminent domain to acquire interests in real property for the use and benefit of the Metropolitan Government.
B. From and after November 2, 2010, no Metropolitan Government department, agency, board or commission, other than the electric power board and the Metropolitan Nashville Airport Authority, shall commence condemnation proceedings to acquire any interest in real property within the area of the Metropolitan Government of Nashville and Davidson County unless the Metropolitan Council specifically authorizes the use of eminent domain to acquire the particular property through the enactment of an ordinance to that effect.
C. The provisions of this Section shall apply on a prospective basis to any Redevelopment Plan or Urban Renewal Plan to be administered by the Metropolitan Development and Housing Agency (MDHA) adopted pursuant to Chapter 20 of Title 13 of the Tennessee Code Annotated after November 2, 2010. The Metropolitan Council shall include a provision in each Redevelopment Plan or Urban Renewal Plan adopted after November 2, 2010 specifically reserving the power of eminent domain to the Council.
D. The Metropolitan Council may adopt ordinances to further the intent and purposes of this section and aid in its implementation.

FOR THE BALLOT
Amendment No. ______

This amendment provides that the Metropolitan Council is the ultimate authority for determining whether to use the power of eminent domain to acquire interests in real property on behalf of the Metropolitan Government. No Metropolitan Government department, agency, board or commission, other than the electric power board and the Metropolitan Nashville Airport Authority, could commence condemnation proceedings to acquire interests in real property unless specifically authorized by the Metropolitan Council by ordinance. Further, the provisions of this amendment would apply prospectively to any Redevelopment Plan or Urban Renewal Plan implemented by the Metropolitan Development and Housing Agency adopted after the effective date of this amendment. The Council would have the authority to adopt ordinances to further the intent and purposes of this amendment and aid in its implementation.

Sponsored by: Jim Gotto