RESOLUTION NO. RS2009-1043

A resolution expressing the Metropolitan Council’s desire that MDHA delay all condemnation hearings and eminent domain proceedings related to the proposed Music City Center and associated hotel until the financing for the construction of the project is approved by the Metropolitan Council.

WHEREAS, the Metropolitan Government of Nashville and Davidson County is given the power by Section 2.01(5) and (12), of the Metropolitan Charter to provide for the taking and appropriation of real property within the area of The Metropolitan Government of Nashville and Davidson County for any public purpose, when the public convenience requires it and in accordance with the provisions of Tennessee Code Annotated, Sections 29-16-101 et seq. and 29-17-101, et seq., and also the power to purchase real property for any public purpose; and

WHEREAS, pursuant to Resolution RS2008-143, the Metropolitan Council authorized the Metropolitan Development and Housing Agency (MDHA) to undertake certain predevelopment activities towards the construction of a new city-owned convention center; and

WHEREAS, on June 2, 2009, the Metropolitan Council adopted Resolution No. RS2009-698 approving an Intergovernmental Project Agreement between the Metropolitan Government and MDHA for the Convention Center Pre-Development Project; and

WHEREAS, Ordinance No. BL2009-437, also enacted on June 2, 2009, authorized that the property listed on Exhibit A, which is attached hereto and incorporated herein, be acquired through negotiation or condemnation for the purpose of acquiring land for the construction of the new convention center, the construction of a convention center parking garage, the relocation of the NES substation, Capital Budget No. 07CC0015; the right-of-way for Korean Veterans Boulevard Corridor (formerly Gateway Boulevard) from 4th to 8th Avenues South, Capital Budget No. 95PW002; the right-of-way for Demonbreun Street improvements, Capital Budget No. 06PW0006; and the construction of the convention center hotel located within the Downtown Central Business Improvement District; (collectively, the “Convention Center Project”); and

WHEREAS, the Metropolitan Council has yet to approve the financing for the construction of the Convention Center Project and related convention hotel; and

WHEREAS, since the Council has not decided whether to ultimately construct the Convention Center Project and related convention hotel, it is inappropriate for MDHA to exercise the power of eminent domain to acquire parcels of property necessary for the development of the Convention Center Project; and

WHEREAS, business owners within the footprint of the Convention Center Project have expressed concern regarding the lack of clarity and transparency concerning MDHA’s intentions, specifically as to the timing of their relocation and the appraisals relied on by MDHA as to the value of the properties; and

WHEREAS, in order to avoid irreparable harm to the affected property owners, the Metropolitan Council desires to restrict the use of eminent domain to acquire the property interests for the Convention Center Project until the financing for the Project is approved by the Metropolitan Council.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.

Section 1. The Metropolitan Council hereby goes on record as expressing its desire that MDHA delay all condemnation and eminent domain proceedings related to acquisition of property for the proposed Music City Center and associated hotel until the financing for the construction of the project is approved by the Metropolitan Council. The Council further desires that MDHA inform the business owners within the footprint of the Convention Center project of its intentions and timing for acquisition and possession of the property at least sixty (60) days prior to requesting the owners to relocate in order to provide the business owners greater clarity and transparency as to the process.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Mr. Phil Ryan, Executive Director of MDHA and all members of the MDHA Board.

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: Mike Jameson, Erica Gilmore, Robert Duvall