ORDINANCE NO. BL2003-1530
An ordinance authorizing the Metropolitan Government, under the authority of the Metropolitan Council, to accept funds distributed thereto by Court order pursuant to Tennessee Code Annotated § 39-11-713.
Whereas, the Metropolitan Charter, Sec. 2.01 (40), authorizes the Metropolitan Government to pass ordinances necessary for the health, convenience, safety and general welfare of the inhabitants; and
Whereas, the Metropolitan Charter, Sec. 3.05, requires that the Metropolitan Council, “shall exercise its legislative authority only by ordinance, except as otherwise specifically provided by this Charter or by general law”; and
Whereas, the Metropolitan Charter, Sec. 3.06, authorizes the Metropolitan Council “to legislate with respect to the powers of the metropolitan government granted by article 2;” and
Whereas, Tennessee Code Annotated § 39-11-713 provides municipal governments with a means of receiving funds, for use in law enforcement, that are generated by the sale of property forfeited pursuant to Tennessee Code Annotated §§ 39-11-701 et seq.; and
Whereas, it is to benefit the health, convenience, safety and general welfare of the citizens of The Metropolitan Government of Nashville and Davidson County that the Metropolitan Government be authorized to accept such funds for use in law enforcement.
Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1. The Metropolitan Council hereby ratifies Chapter Number 979 of the Tennessee Public Acts of 1998.
Section 2: Section 5.04.050 is added to the Metropolitan Code of Laws, to
read as follows:
A. Through the council’s legislative power as set forth in Sections 2.01 (40), 3.05 and 3.06 of the Charter, the Metropolitan Government, is hereby authorized to accept the distribution of funds from property forfeited and sold under the provisions of Tenn. Code Ann. §§ 39-11-701 et seq., and awarded to the Metropolitan Government by court order in accordance with Tenn. Code Ann. § 39-11-713.
B. Any funds accepted by the Metropolitan Government pursuant to this Ordinance
shall be used exclusively for law enforcement purposes. The accepted funds
shall be immediately deposited into accounts specifically designated for law
C. Any funds accepted by the Metropolitan Government pursuant to this Ordinance may not be used to supplement the salaries of any public employee or law enforcement officer, nor may such funds supplant other local or state funds.
Section 3: This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: David Briley
|Introduced:||July 15, 2003|
|Passed First Reading:||July 15, 2003|
|Referred to:||Budget & Finance
Public Safety Committee
|Passed Second Reading:||August 5, 2003|
|Passed Third Reading:||August 19, 2003|
|Approved:||August 20, 2003|