The Board of Mayor and Aldermen passed a resolution approving an agreement between New Era Farms and the city concerning the annexation of property where Bonnaroo is held.
The city also approved by resolution the annexation of the property at the April meeting.
The agreement notes that there is uncertainty how the state Commissioner of Revenue will apply the formula in T.C.A. 6-51-115 concerning sales tax generated on the property and approval for the requested road project will take additional time, so the contract allows New Era Farms 60 days after those costs are known to request to be de-annexed if an agreement cannot be reached to pay the city’s cost above revenues generated by related revenues. The city has also reserved the right to de-annex the property.
In simplest terms, in the unlikely event the New Bush Branch widening grants are not awarded and or if the tax revenues that will revert to the county for 15 years run high, making the cost to the city for the project higher that what Bonnaroo wants to pay, the festival can leave the city.
The de-annex process, unlike the annex by resolution, is a by ordinance process.
The agreement also stipulates that outside the outcome of the road project, if within the 15 years that some tax revenue reverts back to the county, New Era Farms will make up any shortfalls deemed as a negative revenue effect. In the event that New Era closes or relocates, it is still liable to the city for the shortfalls for those 15 years.
Neither annexation nor the agreement will absolve New Era from its expenses and responsibilities required under a mass gathering permit.
The city has agreed to provide sewer services to the property as it would any other citizen, as regulated by applicable ordinances for pretreatment and concentrations. The wastewater treatment plant is limited to 3.2 MGD, with 1.1 MGD remaining. It can only accept 224,000 MGD over a 24 hour period. New Era cannot flush any more than that.
Law enforcement costs
The agreement stipulates that New Era is responsible for the costs of additional law enforcement, traffic control and fire protection needed for events held on the property. An agreement will need to be reached prior to each event.
On Feb. 26, New Era Farms officially submitted a letter requesting annexation to the city. The letter stipulates that it constitutes the written consent called for by T.C.A. 6-51-104.