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Substitute Resolution RS2020-480 (as amended)

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, provided that if the Davidson County Election Commission would only be required to hold an election as a result of the adoption of this Resolution and for no other matter, then this Resolution shall be null and void, and without any further effect.

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 3.06 of Article 3 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new paragraph at the end thereof:
“Notwithstanding any other provision of this Charter to the contrary, the Council’s exercise of power under Section 2.01(5) of the Charter shall be subject to a public referendum to the extent required by state law."
II. Section 5.03 of Article 5 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new paragraph at the end thereof:
"Notwithstanding any other provision of this Charter, the Mayor's exercise of power under Section 2.01(5) of the Charter shall be subject to a public referendum to the extent required by state law."
III. Section 6.07 of Article 6 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new paragraph at the end thereof:
“Notwithstanding any other provision of this Charter to the contrary, the Council's authority to set property tax levies shall be subject to a public referendum to the extent required under the Charter as of January 1, 2019.”
IV. Section 7.01 of Article 7 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new paragraph at the end thereof:
“Notwithstanding any other provision of this Charter to the contrary, the Council’s authority to issue bonds under Article 7 of the Charter shall be subject to a public referendum to the extent required under the Charter as of January 1, 2019.”
V. Article 18 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new Section 18.18:

“Sec. 18.18. - Notwithstanding any other provision of this Charter to the contrary, for any legislation approving a contract related to sports facilities, a professional sports team, or related development, the Metropolitan Government may in its discretion include a requirement that such contracts will terminate if the related sports team ceases playing professional games in Nashville for more than twenty-four (24) consecutive months, and any other limitation in this Charter based on a team's presence in Nashville shall be void."
VI. Article 18 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new Section 18.19:
“Sec. 18.19. – Leases of Metropolitan Government-owned property.
Notwithstanding any other provision of this Charter to the contrary, leases of Metropolitan Government-owned property shall be on commercially reasonable terms. No such lease shall have a term longer than permitted by state law.”
FOR THE BALLOT
Amendment No. ___
This amendment would provide that, notwithstanding any other provision of the Charter to the contrary, the Metropolitan Government’s exercise of power pertaining to the acquisition, lease, or disposal of Metropolitan Government-owned property is subject to public referendum to the extent required by state law, that leases of Metropolitan Government-owned property shall be on commercially reasonable terms, and that no such lease shall have a term longer than permitted by state law. This amendment also provides that the Metropolitan Council’s authority to set property tax levies and issue bonds shall be subject to a referendum to the extent required by the Charter as of January 1, 2019. Finally, this amendment would provide that for any legislation approving a contract related to sports facilities, a professional sports team, or related development, the Metropolitan Government may in its discretion include a requirement that such contracts will terminate if the related sports team ceases playing professional games in Nashville for more than twenty-four (24) consecutive months, and any other limitation in this Charter based on a team's presence in Nashville shall be void.

Sponsor(s)

Bob Mendes, Dave Rosenberg

Related Documents

Legislative History

Referred toCharter Revision Commission
Charter Revision Committee

Substitute acceptedSeptember 1, 2020

Deferred to September 15, 2020September 1, 2020

AmendedSeptember 15, 2020

AdoptedSeptember 15, 2020

ApprovedSeptember 16, 2020

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

Last Modified: 09/25/2020 6:35 PM