File #: RS2021-943   
Type: Resolution Status: Passed
File created: 5/5/2021 In control: Metropolitan Council
On agenda: 5/18/2021 Final action: 5/18/2021
Title: A resolution approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation, and the United States of America, acting by and through the Department of the Army, to enter certain parks, operated and maintained by the Department of Parks and Recreation, for limited training purposes.
Sponsors: Brett Withers, Nancy VanReece
Attachments: 1. RS2021-943 Exhibit

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A resolution approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation, and the United States of America, acting by and through the Department of the Army, to enter certain parks, operated and maintained by the Department of Parks and Recreation, for limited training purposes.

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WHEREAS, Section 13.24.400 of the Metropolitan Government of Nashville and Davidson County Code of Laws prohibits landing any type of aviation apparatus upon any park owned by the Metropolitan Government of Nashville and Davidson County; and,

WHEREAS, Chapter 11.1002 of the Charter of the Metropolitan Government of Nashville and Davidson County authorizes the Board of Parks and Recreation to supervise, control, and operate the park and recreation system of the Metropolitan Government; and,

WHEREAS, the Metropolitan Government of Nashville and Davidson County, acting through its Board of Parks and Recreation, and the United States of America, acting by and through the Department of the Army, desire to enter into the license agreement attached hereto and incorporated herein as Exhibit 1; and,

WHEREAS, the license agreement provides a revocable license to the United States, acting by and through the Department of the Army, to enter Cornelia Fort Airpark to conduct rotary wing military training; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that the license agreement be approved.

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

Section 1: The license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation, and the United States of America, acting by and through the Department of the Army, a copy of which is attached hereto as Exhibit 1 and incorporated herein, is hereby approved.

Section 2: That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

 

Agenda Analysis

 

Analysis

 

This resolution approves a license agreement between the Metropolitan Board of Parks and Recreation and the United States Department of the Army. This agreement would allow the Army to enter certain parks for limited training purposes. Metro Code Section 13.24.400 prohibits landing any type of aircraft upon any Metro Park. However, the Board of Parks and Recreation has the authority to enter into license agreements pursuant to Metro Charter Chapter 11.1002.

 

This agreement would grant the Army a revocable license to enter the Cornelia Fort Airpark to conduct rotary wing military training. This would include MH-60Ms landing, hovering, and departing. The term of this license would be through January 1, 2025. The Army would be required to use its best efforts to notify Metro of the training at least 48 hours in advance, and must provide written or verbal confirmation of any training event and intent to use the property no later than 24 hours prior to such entry and actual use of the property.

 

A similar agreement was approved by the Council in 2017 pursuant to RS2017-979.

 

Fiscal Note: There would be no cost to either party for this agreement.