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Resolution RS2020-517

A resolution providing amendments to the Charter of the Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01 thereof, and setting forth a brief description of each amendment to be placed upon the ballot.

WHEREAS, Article 19, Section 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee provides that the Metropolitan Government shall not adopt a resolution proposing amendments to the Charter more often than twice during the term of office of members of the Metropolitan Council; and

WHEREAS, Article 19, Section 19.01 of the Charter further requires to be set forth in the adoption resolution a brief description of each amendment so worded so as to convey the meaning of said amendment; and

WHEREAS, it is the desire of the Metropolitan Council by adopting this resolution to fulfill these two Charter requirements.

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

Section 1. Pursuant to the provisions of Article 19, Section 19.01 of the Charter of the Metropolitan Government of Nashville and Davidson County, the proposed amendments to the Charter of the Metropolitan Government of Nashville and Davidson County, attached hereto, are submitted to the people for approval in the manner provided by Section 19.01 of the Charter.

Section 2. The date prescribed for holding of the referendum election at which the electorate of the Metropolitan Government will vote to ratify or reject the amendments proposed in Section 1 of this Resolution shall be December 5, 2020.

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.
AMENDMENT NO. ___
I. Section 6.07 of Article 6 of the Charter of The Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new provision to the end of the Section:
Notwithstanding the foregoing provisions of this section to the contrary, an increase in the combined general services district tax rate, including the school tax rate, and the urban services district tax rate adopted pursuant to this section shall not exceed six percent over the combined general services district and urban services district tax rate for the prior year.
FOR THE BALLOT
Amendment No. ___
This amendment would prohibit the property tax rate adopted by the Council from increasing more than six percent over the prior year’s property tax rate.
AMENDMENT NO. ___
I. Section 6.06 of Article 6 of the Charter of The Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting the provision in its entirety and substituting in lieu thereof the following:
Sec. 6.06. - Action by council on operating budget.
After the conclusion of the public hearings, the council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year as certified by the director of finance. The council may alter the estimates of receipts or other fund availability included in the budget document. However, a full explanation shall be spread on the minutes of the council if the council alters these estimates of receipts or other fund availability. In no event shall the total appropriations from any fund exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund.
The council shall finally adopt an operating budget for the ensuing fiscal year not later than the thirtieth day of June, and it shall be effective for the fiscal year beginning on the following July 1st. Such adoption shall take the form of an ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. If the council shall fail to adopt a budget prior to the beginning of any fiscal year, it shall be conclusively presumed to have adopted the budget as submitted by the mayor.
A copy of the adopted budget, certified by the metropolitan clerk, shall be filed in the office of the director of finance.
The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. This shall not preclude the impoundment of funds or additional appropriations as provided herein.
FOR THE BALLOT
Amendment No. ___
This amendment would allow the Metropolitan Council to alter estimates of receipts or other fund availability included in the budget document. In such event, a full explanation must be contained on the minutes of the Council.
AMENDMENT NO. ___

I. Section 5.03 of Article 5 of the Charter of The Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new provision to the end of the Section:

An executive order issued by the mayor shall expire after 30 days unless extended by the mayor and approved by the council upon adoption of a resolution receiving 21 affirmative votes.
FOR THE BALLOT
Amendment No. ___
This amendment would state that an executive order issued by the mayor expires after 30 days unless extended by the mayor and approved by a resolution of the Metropolitan Council.
AMENDMENT NO. ___
I. Article 3 of The Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding a new Section 3.09 as follows:
Sec. 3.09 – Election of committee chairs.
The chair of each committee of the council shall be elected from the council body by a majority vote. No member shall serve as a committee chair for more than one year.
II. Section 11.502 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting the following sentence:
“The member of the council selected to serve as a member of this commission shall be the chairman of the council committee on planning, provided such a committee is established.”
FOR THE BALLOT
Amendment No. ___
This amendment would require each Council committee chair to be elected from the Council body by a majority vote. A Council committee chair could not serve for more than one year. The amendment would also provide that the Council’s representative on the Metropolitan Planning Commission would no longer be required to be the chairman of the Council committee on planning.

Sponsor(s)

Steve Glover, Robert Swope

Legislative History

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 09/04/2020 10:01 AM