§ 2.24.250. Disposition of surplus property.

A.

Whenever the director or other chief administrative officer of any department or agency, or when any board or commission, of the metropolitan government determines that real property of the metropolitan government in the custody of or used by such department, commission, board or agency is no longer needed or suited for its purposes, the board or commission, by resolution, or the director of a department or head of an agency, shall declare such real property surplus, and shall transfer it to the custody of the director of public property administration, but the insurance, maintenance and repairs of the property shall continue to be paid for out of the budget appropriation of the transferring department, commission, board or agency until the end of the fiscal year in which the transfer took place, or until the appropriation for such purposes has been transferred to the department of public property administration in the manner provided by Section 6.11 of the Metropolitan Charter, whichever event occurs first.

Notwithstanding the foregoing provisions in this section, any metropolitan government owned and operated home or facility for the care of children, as identified in Section 11.1102 of the Metropolitan Charter, shall not be transferred to the custody of the director of public property administration as surplus real property without the approval of the metropolitan council by resolution adopted by twenty-one affirmative votes.

B.

The director of public property administration, in accordance with the procedures established by rules and regulations, shall make all surplus real property available to the departments, boards and commissions of the metropolitan government, and shall effect the transfer of such property to the department or other agency requesting its use.

C.

1. When surplus real property, other than school property, is not required by any department or other agency of the metropolitan government, the director of public property administration is authorized, with the approval of the metropolitan council, to sell such property, and the proceeds shall be deposited in the general fund of the district from whose operating budget the last department, commission, board or agency using the real property is financed. Prior to such approval, if the assessor of property values the property in excess of five hundred thousand dollars, the director of public property shall first obtain an independent appraisal from a "state certified real estate appraiser", as defined in Tennessee Code Annotated Section 62-39-102 or as the same may be hereafter amended. If the approval of the metropolitan council is required for the sale of such real estate, the authorizing legislation shall attach a copy of the appraisal and any other documents, drawings, illustrations, maps, or other written materials submitted to the metropolitan council for consideration regarding such sale.

2.

When, in the judgment of the board of education, any property held by it is no longer suited or needed for school purposes, the board shall, by resolution, direct the director of public property administration to sell the property in accordance with the established rules and regulations relating to land disposition, subject to the approval of the metropolitan council and the mayor, and the proceeds from such sale shall be credited to the unappropriated school fund of the metropolitan government.

3.

The foregoing provisions to the contrary notwithstanding, when any property held by the board of public education is not used for the purposes for which it was acquired or other educational purposes for eighteen months, such property shall automatically be restored to the board, commission, department or agency of metropolitan government which originally declared such property surplus to allow the transfer to the board of public education. Such transfer shall not require the assent of the board of public education.

D.

The director of public property administration is authorized to lease real property of the metropolitan government held by him or her as surplus or unused property in accordance with such rules and regulations as he or she may establish consistent with this Code, other ordinances of the metropolitan government and the Metropolitan Charter, and upon approval by resolution of the metropolitan council.

E.

The provisions of this section relating to land disposition shall not apply to the Nashville Electric Service or the Nashville Housing Authority, which agencies are exempt by Section 8.103(k) of the Metropolitan Charter, or to the Nashville Transit Authority, whose land disposition is provided for by Appendix Four to the Metropolitan Charter.

F.

Where land in fee simple is being purchased for purposes other than for rights-of-way for highways, streets, roads, alleys and other places for vehicular traffic, the director of public property administration shall negotiate for the purchase of such property and seek to obtain from the owner an option to sell to the metropolitan government at a fixed price, subject to the approval of the metropolitan council by resolution, and no purchase shall be consummated until it has been so approved by the metropolitan council.

G.

When the director of public property administration determines that no department or agency of the metropolitan government has a need for a parcel of property acquired through the delinquent tax-sale process established in Tennessee Code Annotated Section 67-5-2501 et seq., and upon which, as determined by the director of codes administration, the Metropolitan Code prohibits the construction of improvements requiring a building permit on account of small lot size or other lot characteristics, the director may, subject to the prior approval of the metropolitan council by resolution, execute an agreement to sell the parcel to the owner of any adjacent tract for a price not less than the most current appraised value ("appraised value") listed in the records of the metropolitan tax assessor, or to the adjacent tract owner offering the highest price if no adjacent owner is willing to pay the appraised value. The metropolitan council may authorize the disposition of more than one such property as part of the same resolution. The form of any agreement used pursuant to this section shall be approved by the director of law.

H.

Beginning January 1, 2018, any property owned by the Metropolitan Government of Nashville and Davidson County that is to be leased for a term greater than fifty years is required to be declared surplus pursuant to this section prior to the lease taking effect.

(Ord. BL2018-1054 §§ 1, 2, 2018; Ord. BL2017-940 § 1, 2017; Amdt. 1 to Ord. BL2016-524 § 1, 2017; Ord. BL2016-524 § 1, 2017; Ord. BL2015-45 § 1, 2016; Ord. 2002-1024 § 1, 2002; Amdt. 1 to Ord. BL2000-517 § 1, 2001; prior code § 2-1-104)