RESOLUTION NO. RS2013-787

A resolution approving the execution and delivery of an intergovernmental project agreement by and between The Metropolitan Government of Nashville and Davidson County and the Sports Authority of the Metropolitan Government of Nashville and Davidson County for the construction of a new hockey facility.

WHEREAS, the renovation and construction of the new Southeast Davidson Library and Community Center and construction of an ice skating and hockey rink to be located at Global Mall at the Crossings in Antioch, Tennessee (“Ice Rink”) will encourage and foster economic development and prosperity for the Metropolitan Government; and,

WHEREAS, The Sports Authority of The Metropolitan Government of Nashville and Davidson County, (the “Sports Authority”) has been formed pursuant to Chapter 67, Title 7 of the Tennessee Code Annotated (the “Act”) for the purposes set forth in the Act; and,

WHEREAS, pursuant to the Act, the Metropolitan Council is authorized to aid or otherwise provide assistance to the Sports Authority, for such term or terms and upon such conditions as may be determined by resolution of the Metropolitan Council, by granting, contributing or pledging revenues of the Metropolitan Government to or for the benefit of the Sports Authority; and,

WHEREAS, the Metropolitan Government, through its Department of General Services, has undertaken the renovation and construction of the new Southeast Davidson Library and Community Center and currently employs a project and development staff and is party to various contracts and agreements, including an April 2013 construction and design services contract numbered 315716 with American Constructors, for the renovation, construction design and development of the Southeast Davidson Library and Community Center, which includes a library, parking, park, community center and various other improvements and appurtenances attendant thereto (the “Construction Management Agreement”); and,

WHEREAS, it is the Authority and The Metropolitan Government’s desire for the Metropolitan Government Department of General Services to oversee and manage the construction of the Ice Rink; and,

WHEREAS, the construction of the Ice Rink is expected to be completed in the third quarter of 2014; and,

WHEREAS, it is contemplated that the Sports Authority will engage Mid-Ice, LLC to manage the operations of the Ice Rink pursuant to a license and lease agreement; and,

WHEREAS, the Ice Rink will be constructed in a manner addressing the Southeast Davidson Library and Community Center such that all facilities will comprise a larger public benefit to the community campus in Southeast Davidson County; and,

WHEREAS, given the parties common objectives, it is appropriate for the Metropolitan Government, by and through its Department of General Services to utilize its project and development staff, contracts and resources to manage, supervise, and coordinate the construction and development of the Ice Rink; and,

WHEREAS, pursuant to Tennessee Code Annotated Section 12-9-101, et seq., public entities in Tennessee have the authority to enter into intergovernmental agreements to achieve common objectives subject to the approval of their respective governing bodies; and,

WHEREAS, it is deemed necessary and desirable by the Metropolitan Council and the Board of Directors of the Sports Authority that the parties execute the Ice Rink Intergovernmental Agreement in order to reflect the agreement to construct, equip, maintain and operate the Ice Rink; and,

WHEREAS, the Sports Authority Board of Directors approved the execution and delivery of the attached Ice Rink Intergovernmental Agreement at its July 18, 2013, meeting; and,

WHEREAS, a form of the Ice Rink Intergovernmental Agreement by and between the Metropolitan Government and the Sports Authority has been presented to the Metropolitan Council and is attached hereto as Exhibit A.

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

Section 1. The form, terms and provisions of the Ice Rink Intergovernmental Agreement attached hereto as Exhibit A 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 Ice Rink 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 Ice Rink 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 Ice Rink 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 Ice Rink Intergovernmental Agreement.

Section 3. Any amendment(s), change(s) or extension(s) of the Ice Rink Intergovernmental Agreement shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.

Section 4. This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government requiring it.

Sponsored by: Lonnell Matthews, Jacobia Dowell

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Convention, Tourism Committee and Public      Entertainment Facilities
Introduced:	August 6, 2013
Adopted:	August 6, 2013
Approved:	August 8, 2013
By: