ENACTED 06/15/1999

ORDINANCE NO. O99- 1666

An ordinance approving the transfer of a certain portion of improved real property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee, to WDCN Public Television Corporation (161 Rains Avenue; Tax Map 105-11, Parcel 198).

Whereas, The Metropolitan Government of Nashville and Davidson County owns certain improved real property located at 161 Rains Avenue, Tax Map 105-11, Parcel 198, as described herein (the "Property"); and,

Whereas, the Property has been utilized by the Metropolitan Board of Public Education ("MBPE") for the operation of WDCN Channel 8; and,

Whereas, as provided in an agreement between MBPE and WDCN Public Television Corporation ("WDCN PTC") dated April 27, 1999 (the "Agreement"), the Metropolitan Board of Public Education has agreed to transfer the assets and operation of WDCN Channel 8 to WDCN PTC, a non-profit corporation, subject to approval by the Federal Communications Commission ("FCC") of the transfer of the FCC broadcasting license for WDCN Channel 8 to WDCN-PTC; and,

Whereas, as part of the Agreement the Metropolitan Board of Public Education agreed to transfer the Property to WDCN PTC, subject to certain conditions including restrictions against encumbrance of the Property until June 30, 2009, and a requirement that the Property be used for the operation of a public television station until June 30, 2009, and also subject to the approval of the Metropolitan Council; and,

Whereas, it has been determined that The Metropolitan Government of Nashville and Davidson County has no use for the aforementioned property; and,

Whereas, WDCN PTC desires to utilize the Property for the operation of a public television station for the benefit of the Metropolitan Nashville community; and,

Whereas, transfer of the Property to WCN PTC for the operation of WDCN Channel 8 is in the best interests of the citizens of The Metropolitan Government of Nashville and Davidson County; and,

Whereas, the Director of Public Property Administration is authorized to transfer property, subject to the approval of the Metropolitan County Council and Mayor;

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County, Tennessee:

Section 1. The Metropolitan Council declares that the following property owned by the Metropolitan Government to be surplus:

A tract of land located at 161 Rains Avenue in Nashville, Davidson County, Tennessee. Said tract being part of Parcel 198 on Tax Map 105-11 (Tract 2), and being further described as follows:

Beginning at an iron pin on the Northeast corner of the intersection of Carvell Avenue and Wedgewood Avenue; thence, along the easterly margin of Carvell Avenue, North 0509’47" East, 698.92 feet to an iron pin;

(1) Thence, continuing with said margin, North 0509’47" East, 275.76 feet to an iron pin on the Southerly margin of Southgate Avenue;

(2) Thence, along said margin, South 8232’30" East, 628.30 feet to an iron pin on the Westerly margin of Rains Avenue;

(3) Thence, with said margin, South 0727’29" West, 433.71 feet to an iron pin;

(4) Thence, leaving said margin, North 8257’51" West, 323.89 feet to an iron pin;

(5) Thence, North 0635’56" East, 56.84 feet to an iron pin;

(6) Thence, North 4009’17" West, 169.40 feet to an iron pin;

(7) Thence, North 8607’17" West, 167.73 feet to the point of beginning, containing 228,260.673 square feet or 5.240 acres.

Section 2. The Director of Public Property Administration is hereby authorized to transfer the Property described above to WDCN Public television Corporation ("WDCN PTC"), subject to all restrictions set forth in the Agreement, once the Federal Communications Commission ("FCC") approves the transfer of the FCC license for the operation of WDCN Channel 8 from the Metropolitan Board of Public Education to WDCN PTC, and is hereby authorized to execute the necessary documents pertaining thereto.

Section 3. In the event that the April 27, 1999, Agreement between the Metropolitan Board of Public Education and WDCN PTC is terminated instead of expiring at the end of its term, the authorization for transfer of the Property shall be automatically be revoked without further action by this Council.

Section 4. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsored By: Mansfield Douglas & Chris Ferrell

LEGISLATIVE HISTORY

Introduced: May 18, 1999
Passed First Reading: May 18, 1999
Referred to: Planning Commission - Approved 7-0 (6/10/99)
Budget & Finance Committee
Education Committee
Passed Second Reading: June 1, 1999
Passed Third Reading: June 15, 1999
Approved: June 21, 1999
By: mayor.gif (527 bytes)