LEGISLATIVE HISTORY
Convention and Tourism Committee
RESOLUTION NO. RS2009-698
A resolution approving an Intergovernmental Project Agreement (Convention Center Project) by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Development and Housing Agency of The Metropolitan Government of Nashville and Davidson County, Tennessee.
WHEREAS, the Metropolitan Council of the Metropolitan Government (the "Metropolitan Council") has determined that it is in the public interest to construct a new convention center and related facilities (the "Convention Center") on properties located within the Capitol Mall Redevelopment District, more fully described below; and,
WHEREAS, the Nashville Convention and Visitors Bureau has solicited and obtained commitments from various groups to use the Convention Center starting in the spring of 2013; and,
WHEREAS, in order to complete construction of the Convention Center in a timely manner, the Metropolitan Government must proceed promptly with (1) the acquisition of the parcels of land on which the Convention Center will be constructed, (2) the relocation of businesses located on such parcels, (3) the clearing of such parcels, including relocation of utility facilities and demolition of buildings and improvements thereon and removal or remediation of any environmental contamination necessary to prepare such parcels for development as a Convention Center, (4) the installation, construction or reconstruction of streets, utilities, and site improvements necessary to prepare such parcels for development as a Convention Center and (5) the continuation of the planning and design of the Convention Center; and,
WHEREAS, the Metropolitan Government currently collects the following taxes pursuant to the statutes listed below, the proceeds of which are specified for and restricted to the financing of convention center facilities for the Metropolitan Government (the "Convention Center Tax Revenues"):
(1) 1% of the 6% Hotel/Motel Tax authorized by Section 7-4-102 of the Tennessee Code Annotated and Section 5.12.020 of the Metropolitan Code;
(2) $2.00 of the $2.50 Hotel Room Occupancy Tax authorized by Section 7-4-202 of the Tennessee Code Annotated and Section 5.12.120 of the Metropolitan Code;
(3) The entire $2.00 Contracted Vehicle Tax authorized by Section 7-4-203 of the Tennessee Code Annotated and Section 5.16.130 of the Metropolitan Code; and
(4) The entire 1% Rental Vehicle Surcharge Tax authorized by Section 67-4-1908 of the Tennessee Code Annotated and Section 5.32.190 of the Metropolitan Code; and
WHEREAS, pursuant to Resolution RS2008-143, the Metropolitan Council has heretofore authorized and engaged MDHA to undertake certain pre-development activities necessary for the development and construction of the Convention Center; and,
WHEREAS, the Metropolitan Council wishes to further authorize and engage MDHA, on behalf of the Metropolitan Government, to (1) acquire the parcels of land on which the Convention Center will be constructed, (2) relocate businesses located on such parcels, (3) clear such parcels, including relocation of utility facilities and demolition of buildings and improvements thereon and removal or remediation of any environmental contamination necessary to prepare such parcels for development as a Convention Center and (4) install, construct or reconstruct streets, utilities, and site improvements necessary to prepare such parcels for development as a Convention Center (collectively, the "Convention Center Pre-Development Project"); and,
WHEREAS, pursuant to Tenn. Code Ann. §§ 13-20-101 et seq., 13-20-201 et seq. and 13-20-601 et seq., MDHA is authorized to acquire property and prepare it for development pursuant to one or more redevelopment plans and to issue bonds, notes and other debt obligations for the purpose of financing the costs related thereto; and,
WHEREAS, the property on which the Convention Center will be constructed is located within the Capitol Mall Redevelopment District, which is subject to the Capitol Mall Redevelopment Project Plan (the "Redevelopment Plan") heretofore approved by the Metropolitan Council pursuant to Ordinance Number O82-845, and subsequently amended by the adoption of Ordinance No. O87-1695, Ordinance No. O91-1567, Ordinance No. O93-774, Ordinance No. O97-755, Ordinance No. O98-1187, Ordinance No. BL2002-1033, Ordinance No. BL2004-424 and Ordinance No. BL2009-436;
WHEREAS, the Redevelopment Plan contemplates the construction of public facilities in order to prevent and alleviate blight within the area covered thereby; and,
WHEREAS, Tenn. Code Ann. § 13-20-417 authorizes the Metropolitan Government to make donations to MDHA to further MDHA’s corporate purposes; and,
WHEREAS, Tenn. Code Ann. §§ 12-9-101 et seq. authorize metropolitan governments and their agencies and instrumentalities to enter into agreements for the purpose of providing for the financing, ownership and operation of governmental projects; and,
WHEREAS, the Metropolitan Council has determined that it is in the public interest to approve an intergovernmental agreement between the Metropolitan Government and MDHA to accomplish the foregoing; and,
WHEREAS, the form of an Intergovernmental Project Agreement (Convention Center Project), as recommended, approved and executed by MDHA, is attached hereto as Exhibit A;
NOW, THEREFORE, BE IT ENACTED BY THE METROPOLITAN COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The form, terms and provisions of the Intergovernmental Project Agreement (Convention Center Project) attached hereto as Exhibit A (the “Intergovernmental Agreement”) are hereby approved and the Metropolitan Mayor of the Metropolitan Government (the “Metropolitan Mayor”) is hereby authorized, empowered and directed to execute and deliver the Intergovernmental Agreement in the name and on behalf of the Metropolitan Government in the form now before this meeting. From and after the execution and delivery of the Intergovernmental Agreement, the officers of the Metropolitan Government or any of them, are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Intergovernmental Agreement as executed.
Section 2. All acts and doings of the Metropolitan Mayor, the Director of Finance and any other officer of the Metropolitan Government which are in conformity with the purposes and intent of this Resolution shall be, and the same hereby are in all respects, approved and confirmed as may be necessary or appropriate in order for the Metropolitan Government to comply with the terms of the Intergovernmental Agreement.
Section 3. This Resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government requiring it.
Sponsored by: Jim Forkum
| LEGISLATIVE HISTORY |
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|---|---|
| Referred to: | Budget & Finance Committee Convention and Tourism Committee |
| Introduced: | April 21, 2009 |
| Deferred to May 19, 2009: | April 21, 2009 |
| Deferred: | May 19, 2009 |
| Adopted: | June 2, 2009 |
| Approved: | June 9, 2009 |
| By: | |