ADOPTED 07/20/1999

RESOLUTION NO. R99-1587

A resolution authorizing the transfer of certain property of The Metropolitan Government of Nashville and Davidson County to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County.

Whereas, The Metropolitan Government of Nashville and Davidson County (the "Metropolitan Government"), is vitally interested in the economic welfare of the citizens of Davidson County and wishes to provide the necessary leadership to enhance this area’s capabilities for growth and development; and

Whereas, the provision of jobs to area citizens by local business is both necessary and vital to the economic well-being of the Metropolitan Government; and

Whereas, the Metropolitan Government is also vitally interested in promoting industry, developing trade, and stimulating the economic growth of its community; and

Whereas, pursuant to Substitute Ordinance No. O94-991, as amended by Substitute Resolution No. R94-1378, Resolution No. R96-161 and Resolution No. R96-182, the Metropolitan Government acquired from the State of Tennessee the Middle Tennessee Mental Health Institute property (the "MTMHI Property")as described as Tract IV A on Exhibit A attached hereto; and

Whereas, pursuant to the Industrial Development Corporations Act, currently codified at Tenn. Code Ann. 7-53-101—311 (such act, as heretofore or hereafter amended, the "Act"), the General Assembly of the State of Tennessee (the "General Assembly") has authorized the incorporation of public corporations known as "industrial development boards" in municipalities in the State of Tennessee (the "State"); and

Whereas, The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County (the "Board") has been duly organized and incorporated in compliance with the Act; and

Whereas, the General Assembly has found and declared that the Board is performing a public function on behalf of the Metropolitan Government and that the Board is a public instrumentality of the Metropolitan Government; and

Whereas, the Supreme Court of Tennessee (the "Supreme Court") has found that the Board is an agent or instrumentality of the Metropolitan Government; and

Whereas, the Act expressly incorporates by reference the statement of public policy set forth in Section 3 of Chapter 209 of the Public Acts of 1955; and

Whereas, Chapter 209 of the Public Acts of 1955 states that the declared purpose of the Act is to do that which the State welfare demands and the State public policy requires to alleviate the problems of unemployment, to raise family income, to provide a means by which the citizens of the community may promote and develop industry in their area so as to obtain a balanced economic development highly essential to the welfare of the State, and to promote the development of commercial, industrial, agricultural and manufacturing enterprises by the several municipalities so as to be given local benefits peculiar to each and general benefits to the entire State; and

Whereas, the General Assembly has also declared that the purposes of the Act include maintaining and increasing employment opportunities by promoting industry, trade and commerce by inducing manufacturing, industrial, financial, service and commercial enterprise to locate or remain in the State; and

Whereas, the Supreme Court has held that the purposes of the Act include the promotion of industry and the development of trade to provide against low wages and unemployment and that such purposes are public in nature; and

Whereas, the Board is empowered pursuant to the Act to acquire, whether by purchase, exchange, gift, lease or otherwise, and to improve, maintain, equip and furnish, "projects" (as defined in the Act) and to lease such projects to others; and

Whereas, "projects" under the Act may include, without limitation, manufacturing, processing and assembly facilities and office buildings for use in connection with an industrial, commercial, financial or service enterprise; and

Whereas, pursuant to Tenn. Code Ann. 7-53-310, the Metropolitan Government may transfer any project, including land, to the Board by sale, lease or gift and such transfer may be authorized by a resolution of the Metropolitan County Council (the "Council"); and

Whereas, the Board is empowered pursuant to Tenn. Code Ann. 7-53-302, to acquire real and personal property to be used for manufacturing and office purposes, whether by purchase, construction, exchange, gift, lease or otherwise, and to improve, maintain, extend, equip and furnish such properties in order to promote employment, trade, industrial development and environmental pollution control; and

Whereas, Dell Computer Corporation ("Dell"), a Fortune 500 company with its headquarters in Round Rock, Texas, has announced its tentative decision to locate computer manufacturing, assembly and distribution facilities and technological support operations (the "Dell Project") on the MTMHI Property, on certain property leased to the Board by the Metropolitan Nashville Airport Authority (the "Airport Property") and on certain property currently owned by the State of Tennessee, if it is eventually conveyed to the Board (the "State Property"); and

Whereas, the location of the Dell Project within the boundaries of the Metropolitan Government will result in significant employment and other commercial opportunities for area citizens; and

Whereas, the Council finds that the conveyance of the MTMHI Property to the Board, and the lease of the MTMHI property by the Board to Dell, will promote industry and developing trade and to provide against low wages and unemployment and will further other public purposes of the Metropolitan Government.

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

Section 1. The Metropolitan Government hereby transfers to The Industrial Development Board of the Metropolitan Government the MTMHI Property as described as Tract IV A on Exhibit A attached hereto.

Section 2. Any instrument conveying the subject property shall contain the following provision:

The TN State Department of Archaeology shall be allowed to conduct limited archeological investigations around the facility prior to the demolition of any buildings and monitor all demolition of any buildings and monitor all demolition activity once such activity begins. Grantee shall also provide the TN State Department of Archaeology with a demolition schedule in advance.

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.

Sponsored by: Charles Fentress & Leo Waters

LEGISLATIVE HISTORY

Referred to: Planning Commission - Approved 7-0 (6/10/99)
Budget & Finance Committee
Planning & Zoning Committee
Introduced: June 15, 1999
Deferred: June 15, 1999
Adopted: July 20, 1999
Approved: July 21, 1999
By: mayor.gif (527 bytes)