SUBSTITUTE RESOLUTION NO. RS2009-789

WHEREAS, the property tax assistance program for elderly low-income homeowners established pursuant to Tennessee Code Annotated § 67-5-702 sets an income limitation for participants of $24,000 for tax year 2007, which is to be adjusted annually to reflect the cost of living increase for social security recipients; and

WHEREAS, in 2006, the voting citizens of the State of Tennessee approved an amendment to the Tennessee Constitution authorizing the General Assembly to enact a property tax freeze for elderly, low-income taxpayers; and

WHEREAS, as a result of the 2006 Constitutional amendment, the Tennessee General Assembly amended Tennessee Code Annotated § 67-5-705 to provide for the uniform and orderly administration of the property tax freeze program for eligible taxpayers in jurisdictions adopting said program, and to authorize the legislative body of any county or municipality to adopt the property tax freeze program; and

WHEREAS, on July 17, 2007, the Metropolitan Council adopted Resolution No. RS2007-2080 to implement the property tax freeze program in Davidson County; and

WHEREAS, in order to be eligible for the property tax freeze program under Tennessee Code Annotated § 67-5-705, a participant’s income cannot exceed the median household income for Davidson County, which is presently $35,390; and

WHEREAS, it is fitting and proper that the Tennessee General Assembly consider modifying state law to increase the maximum income level for participation in the elderly property tax relief program and the property tax freeze program.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to consider increasing the maximum income level for participation in the local property tax relief program and the senior property tax freeze program.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. 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: Sam Coleman, Charlie Tygard