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Graceland to Contest Grizzlies’ Non-Compete Clause in Court

Elvis Presley Enterprises

Rendering of original proposed event center


Elvis Presley Enterprises (EPE) is legally challenging the Memphis Grizzlies’ non-compete agreement that is blocking it from adding a concert hall to Graceland.

The Grizzlies’ FedexForum use agreement with the city bans other publically-funded places in the city from holding concerts with more than 5,000 attendees, but EPE has filed a declaratory judgement action with the Chancery Court of Shelby County to contest that, officials announced Wednesday.

After EPE agreed to change its plans from constructing a 6,200-seat concert hall to a multi-purpose facility between 50,000 and 75,000 square feet, City officials said they would still have the ability to sue for any damages caused to the city if the Grizzlies were to leave Memphis.

EPE officials also say that a representative for the Grizzlies told the enterprise that even if the multi-purpose facility is permitted, it would have usage limitations until the end of the franchise’s agreement with the FedexForum.

However, EPE’s statement points out that the proposed multi-purpose facility is “substantially similar to the facility now proposed by the city of Memphis for the Fairgrounds,” which would operate with no limitations.

“Since no reasonable business person would have agreed to these two limitations, Elvis Presley Enterprises was left with no choice but to protect both itself and the city of Memphis by filing a declaratory judgment action, so that it can move forward with its business plans, continue to invest heavily in the Graceland campus in the Whitehaven community of Memphis, and bring more jobs and increase tourism in the community, Greater Memphis and Shelby County,” EPE’s statement read.

Depending on the court’s ruling, EPE will move forward with it’s original proposal for the 6,200 seat space or the multi-purpose facility. The original $50 million proposal also includes additional museum and retail spaces.

In response to EPE’s decision, the city’s chief legal officer Bruce McMullen issued a statement calling EPE’s press release “misleading.” The city’s statement reads:

“At the center of this issue is whether the City of Memphis would violate the non-complete clause in the contract with the Memphis Grizzlies by using public money to finance a concert or convention center venue that competes with [the] FedexForum.

The City has worked in good faith to attempt to negotiate with Elvis Presley Enterprises to find a suitable resolution for its concerns. The administration is shocked that EPE would use a misleading press statement and a lawsuit to try [to] advance its position in the negotiations.

We don’t object to Graceland building a 6,200-seat venue. That option is available to it without the use of public funds, and it is free to do so.”

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Memphis and Nashville lay claim to the King’s legacy.

As Memphians often see it, there is a certain amount of disingenuousness in the way Nashville, the rival sister city up the road, presents its relationship to Elvis Presley. In 2012, the 35th anniversary of the King’s passing right here at Graceland, Tennessee’s capital city was not about to play, er, second fiddle in its appreciation of such an icon. “Music City,” as it styles itself, organized a bigger than usual week-long festival in Elvis’ honor from August 10 to August 18 of that year, calling it simply “Elvis Week,”in the mode of the simultaneous rites held annually in Memphis.

A book by one Don Cuso was released in sync with the festival. Promotional material for the volume, called simply “Elvis and Nashville,” defined the relationship between the two honorees of its title as follows:
”Elvis Presley and Nashville were connected from his the earliest days of his career. In 1954 he appeared on the Grand Ole Opry and recorded his first number one hit, “Heartbreak Hotel” in Nashville in 1956. Elvis’ manager, Colonel Tom Parker, lived in Nashville and Elvis’ fan club activities and merchandising were headquartered in Parker’s office. Elvis recorded 260 songs in RCA Studio B and performed several concerts in the area. “Elvis and Nashville” documents the connection between Elvis and the city known as ‘Music City U.S.A.’”

Fair enough, but it is also fair to fill in some of the blanks implicit in that description — a couple of them in a single sentence. Yes, the 19-year-old Elvis, fresh on the fame of his first recording for Sam Phillips’ Sun Records back home, did manage to get booked on the Opry, but his experience was less glorious than traumatic.

Jackson Baker

In its listing of the legendary Ryman Auditorium among other Elvis-related sites available to tourists during that 2012 Elvis Week, the tourist-oriented web page visitmusiccity.com described things this way: “After Elvis sang the great Bill Monroe hit, ‘Blue Moon of Kentucky,’ Opry manager Jim Denny reported that Elvis was ‘not bad’ but did not fit the program; therefore he was not invited back.”

More forthcoming historical sources call it less daintily: Denny told the blues-inflected, kinetically active young singer to go back to his former day job, driving trucks. Instead Elvis returned to Phillips’ Union Avenue studio in home-town Memphis, determined to keep on evolving a style under the master. Just as importantly, he hooked up with the Opry’s main competitor, the Louisiana Hayride, out of Shreveport, doing weekly broadcasts that built his reputation as a performer and led to tours that expanded both his audience and his geometrically increasing regional fame.

Along the way, Elvis picked up a canny, self-serving manager — one “Colonel” Tom Parker, as he called himself, a Dutch-born former carny who had settled in Nashville as a talent manager for acts like Eddy Arnold, the “Tennessee Plowboy,” and was far-sighted enough to see in Elvis a rough diamond bigger than the Ritz. Soon enough, Parker had engineered the sale of Elvis’ contract from Sun to RCA, the giant record company that had national clout and recording studios in Nashville.

And soon enough, too, Elvis had the aforementioned “Heartbreak Hotel” out under RCA auspices and with backing on the track from such Nashville luminaries as guitarist Chet Atkins and pianist Floyd Cramer. The song was more alt-country than the rawer multi-sourced rockabilly Presley had done at Sun, though it kept to an eight-bar blues progression, like so many of the Memphis studio sides..

A sidelight to that historical moment: in 1981 the two back-to-back speakers at the annual Elvis seminar at Memphis State University were Mae Axton of Nashville, author of “Heartbreak Hotel,” and the great Phillips, author of Elvis Presley and, by near consensus, of rock and roll itself. Axton’s account of the importance of her song in launching Elvis as a world-wide phenomenon must have seemed to Phillips nothing less than an undue appropriation,

In any case, when he took the stage in her wake, he was in something of a rage. “Goddamn!” he kept saying, alternatingly with none-too-fond mentions of Axton’s name, until finally he was able to settle into his own remarks.

It should be said that, in his later years, Phillips expressed himself more equably about Axton’s — and Nashville’s — contribution to Elvis’ canon and his legend, even as Presley’s (and Phillips’) preeminent biographer, Peter Guralnick, who recently concluded 12 years as writer-in-residence at Vanderbilt, acknowledges that his focus on the Sun sides in his classic, oft-reprinted article on Elvis in the 1976 edition of The Rolling Stone Illustrated History of Rock & Roll had evolved into an enhanced appreciation of the King’s later recordings in Nashville — notably in the post-Army years of 1960 to 1962. Those sides, like many others recorded by Elvis at Chips Moman’s American Studio, are collected in the box set From Nashville to Memphis: the Essential ‘60s Masters.

Sibling rivalries notwithstanding, the two musically notable Tennessee cities each have a just claim to the legacy of Elvis Presley, and each is entitled to trumpet the fact during this week of commemorating the King in the 40th anniversary year of his passing.

But we all know where Graceland is, now, don’t we? And the newest box set of Elvis’ music, A Boy from Tupelo: the Complete 1953-1955 Recordings, reviewed in this issue by Alex Greene, is what you might call the Ur-Elvis. And it’s on our end of the road.

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News The Fly-By

Fly on the Wall 1435

CHOAS 901

Remember Elvis Week 2016? Gosh, it seems like it was only last week when fans of the King assembled in front of Graceland to light a candle and stream up the hill and through the mansion’s Meditation Garden. And all the Black Lives Matters demonstrators showed up to engage in a bit of modestly disruptive protest, so police showed up in numbers sufficient to ensure there wasn’t any fan base mingling at the party. And it rained like hell. Those were the days, my friend. Or as WMC-TV put it in an alarming all-caps headline: “Elvis Week CHOAS.” As in “Get CHOAS a proofreader” maybe?

What does CHOAS even mean? Is it a run-of-the-mill typo or a new word for something worse than ordinary CHAOS because it’s chaos inside of CHAOS? Is it local TV’s Superman Dam Fool moment? Is it a startling vision of Memphis’ future? Is CHOAS inevitable? Stay tuned.

Verbatim

“We’re devastating people’s lives, and I can’t be part of that.” — Michael Rallings announcing his opposition to loosening marijuana laws during a forum on heroin use because REEFER MADNESS! It’s hard to know whose lives the new police director thinks will be destroyed by loosening current pot laws, since, according to data compiled by the ACLU, 88 percent of the 8.2 million marijuana arrests in the U.S. between 2001 and 2010 were for simple weed-only possession, and blacks were 3.73 times more likely to be arrested in spite of relative equal usage rates. Blue Crush service techs, maybe?

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Coalition of Concerned Citizens Plans Legal Action After Graceland Protest

Bianca Phillips

An image from last Monday’s protest outside Graceland.

The group that organized last Monday’s protest outside Graceland, which aimed to raise awareness of police violence against black citizens, is threatening to pursue legal action against the city of Memphis for what they believe to be violations of the First Amendment and the Civil Rights Act of 1964.

The Coalition of Concerned Citizens planned the protest outside the annual Elvis Week candlelight vigil, but when they arrived, they were blocked from getting close to the vigil by concrete barriers and a heavy Memphis Police Department presence. Protesters (and some media covering the protest) were barred from entering the barricaded area, which meant some who’d parked on the other side of the barricade weren’t allowed to access their vehicles. A representative from Graceland was near the protest site, helping police determine who to let through and who to keep out.

Some at the protest said police appeared to be letting white citizens inside the barrier and keeping black citizens out.

The coalition also organized the massive protest in late July that resulted in the I-40 bridge being shut down for several hours.

The coalition released the following statement today:

“On this day, the Coalition of Concerned Citizens observed and documented repeated instances of Memphis Police Department officers willfully violating the laws they were sworn to uphold. MPD further aided and abetted the continued violations of citizens’ rights as instructed by Graceland Enterprises security officials.

Never did an official of Graceland or MPD offer a legitimate, nondiscriminatory reason for not allowing entrance to a public event on a public US Highway. Despite the constant inquiry by Coalition members and other concerned citizens into the grounds and criteria on which citizens, overwhelmingly people of color, were being denied access; the only responses offered were threats of arrest and force.

The Coalition of Concerned Citizens finds the conduct of The City of Memphis, Graceland Enterprises and the Memphis Police Department troubling and reprehensible. The Coalition joins State Representative G.A. Hardaway in seeking a Justice Department investigation into the pattern and practice of the Memphis Police Department. The Coalition of Concerned Citizens holds that the Constitution must be equally applied to every citizen regardless of race, creed, color, religion or sexual identity. The Coalition has overwhelming evidence that this is currently not MPD practice as was demonstrated Monday evening, August 15, 2016.

We cannot stress enough the danger the citizens of Memphis are placed in when law enforcement officials disregard the law. Any time an entity decides to violate the very laws it was created to uphold; the safety of the public is at risk and the public trust in that entity is eroded.

It is the Coalition of Concerned Citizens’ observation that the City of Memphis, Memphis Police Department and Graceland Enterprises, collectively and with collaboration chose to ignore and violate the highest law of the land and rights protected under the Civil Rights Act.

Due to the outrageous and egregious conduct of the Memphis Police Department and Graceland Enterprises, the Coalition of Concerned Citizens is pursuing any and all legal and civil means to rectify and remedy this blatant disregard and violation of the Constitution and the rights and dignity of affected citizens.”

On Monday afternoon, the city released the following statement by chief legal officer Bruce McMullen: ““We are aware of the statement released by the Coalition of Concerned Citizens and their intentions, however, the city has no comment.”

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Protest at Graceland Remains Peaceful

The Coalition of Concerned Citizens’ protest outside the Elvis Week candlelight vigil Monday night remained peaceful. The demonstration, which was organized to protest the nationwide killings of unarmed black citizens by police officers, also remained rather small, attracting only a couple hundred protesters. That was quite a difference from the group’s massive initial protest in August that shut down the Hernando-DeSoto Bridge.

Chants of “This is what democracy looks like!” and “No justice, no peace!” filled the air, and at one point, protesters locked arms and walked in a straight line down a side street that police had already blocked off. But the crowd eventually turned around and headed back to the main protest area, just outside police barricades on the south side of Graceland along Elvis Presley.

Despite the small crowd, the Memphis Police Department had a heavy presence. Police weren’t letting protesters through the barricades to access their cars, many of which were located in the free Graceland parking lot. The only way back to that lot involved about a three-mile walk through a dark neighborhood with no sidewalks. 

[slideshow-1]

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Music Music Blog

Happy Birthday, Elvis.

COURTESY OF LANSKY’S ARCHIVES

Elvis with Dewey Phillips

Whether skies are grey or blue, Memphis has a thing for the King, who would have been 80 today. Let’s not think about the movies or the carpet pile.Those are for fools to ponder. His best work was done here in Memphis. At Sun, he changed the world. At American, he reasserted himself into the culture as one of the ultimate honkey badasses of all time. It’s hard not to dwell on the lost potential and the genuinely tragic downfall. But under the artifice, there was a hell of a singer.

There are three videos after the jump that find him on his own terms: His first recording was for his mother. He paid for the session himself. The second is the sit-around from the ’68 Comeback Special. This is staged, but it’s an attempt to distance himself from the trappings of Hollywood schlock. The King floors his engine on “Lawdy Miss Clawdy.” Finally, some rehearsal footage: He’s started to slide at this point. But he is enjoying making music, and it’s a powerful thing to watch.  

Happy Birthday, Elvis Presley.

[jump]

Happy Birthday, Elvis.

Happy Birthday, Elvis. (2)

Happy Birthday, Elvis. (3)

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Elvis’ Birthday Celebration

It’s officially known as Elvis Week, that hot 10-day stretch in August, when music fans from around the world descend on Whitehaven to commemorate the 1977 passing of Elvis Presley, the King of Rock-and-Roll. If you’re from around here, however, you probably call it “Death Week.” That, of course, would make this second week of January “Birth Week,” and although there’s nothing quite like the candlelight vigil on tap, there are plenty of Elvis-related things to do in Memphis this week as well. Birth Week events range from cake and coffee at Graceland and an auction of rare Presley memorabilia to a special Elvis-themed double-feature at the Orpheum.

Elvis was born 80 years ago this month, on January 8, 1935, in Tupelo, Mississippi. This week’s celebration of the blessed event officially kicks off with a birthday cake cutting at 9:30 a.m. on Thursday on Graceland’s north lawn. At 10:30 a.m., fans will be treated to complimentary cake and coffee at the Chrome Grille in Graceland Plaza. Later that evening, at 7 p.m. at Graceland’s Archive Studio, serious music collectors can bid on some very special souvenirs like Elvis’ first acetate recording featuring “My Happiness” and “That’s When Your Heartache Begins.”

Few of Elvis’ 33 feature films contain as many iconic scenes per reel as Jailhouse Rock and Viva Las Vegas, both of which are being given the big-screen treatment at the Orpheum, Friday, January 9th, starting at 7 p.m.

Birth Week concludes with a special Elvis-themed pops performance by the Memphis Symphony Orchestra on Saturday, January 10th, at 7:30 p.m.

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The Roots of Protest

Poverty is a form of violence.

It holds millions in bondage, locked into neighborhoods stripped of public or private investment, trapped in low-wage jobs. Often, this violence is state-sponsored via policies that benefit the wealthy at the expense of the poor, who are often brown and black. So it is a short walk from national protests against police brutality to calls for economic justice.

Rookie activist Tami Sawyer wants to help people in Memphis — the poorest large metro area in the nation — make that journey. In the past two weeks, the 32-year-old St. Mary’s alumna organized two die-ins — one outside the National Civil Rights Museum and another on Beale Street. These and dozens of similar protests nationwide were sparked by deaths of two unarmed black men — Michael Brown in Ferguson, Missouri, and Eric Garner in Staten Island. In both cases, a grand jury failed to indict the white officers who killed them.

But the fury on display at protests and on social media is not directed solely at a warped criminal justice system. It is the entire game that is rigged.

“We can scream, we can yell, we can cry on TV,” Sawyer said, “but it will fall on deaf ears. We don’t have economic power.”

For proof, look at last week’s report from the Pew Research Center. Although the economy is recovering, the black-white wealth gap is now at its highest since 1989. In 2013, the median household wealth of white families ($141,900) was 13 times greater than that of black families ($11,000).

African Americans make up 14 percent of the country’s population, but black-owned businesses bring in just 0.5 percent of the nation’s receipts.

It is difficult to amass wealth when just two generations ago, black people were shut out of some trades, red-lined out of more desirable neighborhoods by racist lending policies, and banned from state-run colleges funded by their tax dollars.

With little inter-generational wealth, black people are more likely to be unemployed and, regardless of household income, live in neighborhoods where property values are falling. These poor neighborhoods are more likely to be hyper-policed, which puts black people at greater risk of encounters that could be defused by smart policing or that could end in death.

That’s an oversimplified version of how the criminal justice system functions in a larger machine that devalues black lives. (For the complete account, read Michelle Alexander’s The New Jim Crow.) But in this context, it makes sense that the Ferguson grand jury decision, announced the Monday before Thanksgiving, spawned the #BlackOutBlackFriday shopping boycott. (Black Friday sales were down 11 percent, but pundits were loathe to credit hashtag activism.)

Sawyer supported the boycott but wondered about the long game. “You’re going to boycott on Friday, but when Cyber Monday comes up, you’re going to go spend money with Best Buy,” she griped.

Her Instagram page became a photo gallery to encourage people to shop with black-owned businesses on #buyblackfriday and beyond. “At the end of day, we don’t make it anywhere, if our own people don’t support it,” said Sawyer, who does employee development for government agencies.

Her vision of economic empowerment grew last week after a chance encounter with D’Army Bailey, a retired judge, attorney, and activist. At a black-owned coffee shop/office space in Uptown, Sawyer talked strategy with a man she’d met through the die-ins.

Bailey sat at a nearby table, eavesdropping. Then he interrupted. “He said, ‘Besides lying in the street, what else do you have planned?'” Sawyer recalled.

He was brusque, but she listened. “He said go to the county commission meeting and see what they’re debating today.”

She did. On the agenda was the economic impact plan for Graceland, which calls for $125 million in public investments to build a private hotel on the property and create 282 jobs.

“The jobs aren’t spelled out,” Sawyer said. “Are they going to be low-wage? Are they going to be middle-income?”

Those questions weren’t asked at the meeting. The lone vote against the plan came from Bailey’s brother, Walter.

“Being aware of how the money in this city is spent is important,” she said. “Our freedom as a culture ties into our economic freedom.”

Her next protest is planned for Christmas Eve, outside Graceland.

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Avoiding the Crutch

Anyone who knows anything about my life and beliefs knows the term “racist” has no application at all to me. But, in the wake of negative reactions to a story I reported on Fox 13 News last week in which I was trying to put historical perspective on the West Memphis police shooting of 12-year-old DeAunta Farrow seven years ago, I was reminded of how much a common and destructive crutch the words racism, racist, or race-baiter have become. There are so many of us who use those words as a replacement for constructive thought — for everything from societal problems to governmental blunders. So, I’ve devised a set of multiple choice questions about current issues to see if you believe “racism” is the correct answer to any of them.

The Memphis City Council has voted to use $125 million in tax breaks to fund a proposed 450-room upscale hotel, theater, restaurant, and exhibit hall in cooperation with Elvis Presley Enterprises. It’s a deal all agree wouldn’t happen if the city wasn’t fronting the major bulk of the cost. It is one of the cushiest economic development agreements in the country, considering it will also allow the controlling Presley Enterprises company, Authentic Brands Group, to seek to incorporate a tax surcharge that will be the highest in the state in return for a promise to create 280 jobs. What do you think?

a) Somewhere Elvis’ former manager, Colonel Tom Parker, is laughing his ass off.

b) This is a great deal for the city to keep EP Enterprises from announcing one day they’re moving their entire operation to Tupelo.

c) This is a racist decision, made just to help struggling black businesses in the name of a man who exploited black music.

d) None of the above.

More often than not, we wake up on Mondays to the news of a handful of people being shot or murdered over the weekend on the mean streets of Memphis. What do you think could be done to stop it?

a) Do more city sponsored gun-collection drives.

b) Educate our youth about the danger of guns and ways to solve problems without resorting to violent actions.

c) Hire more police officers and put them in high-crime areas.

d) Provide more guns to more black people so they can use them to kill each other off, because that’s what they’re going to do anyway.

How can we begin to handle the current distrust, sparked by recent cases in Ferguson and elsewhere, between police and the people they have sworn to serve and protect?

a) Instead of constantly reporting on police officers gone bad, there should be more media stories on the proactive accomplishments of the 99 percent who are dedicated to what they do.

b) Assume all white MPD officers will shoot black people in a second and ask questions later.

c) Insist on more neighborhood policing and change residency requirements so those wearing the badge will be seen as a vital force in the communities in which they themselves live.

d) Equip MPD with dashboard cameras and body cams and have them rolling at all times, so the data collected can be used if questions about their actions arise.

If you think I’ve purposely set up this questionnaire to be slanted toward sensible answers instead of those with a racial slant, then you are right. Those people, black and white, who seek conspiracy theories behind the plethora of problems Memphis and the nation faces, are not helping. That strategy only distracts us and keeps us from working together to find answers to difficult questions.

We can blame the media for ratings-inspired exploitation of racial issues. We can blame our ignorance of history for not seeing the direction we should take in order to heal the old wounds of race, class, and sexual gender. To discover the cure for the disease of racism, we must be willing to open our hearts and minds to all people, including those who may not adhere to our value system, those who may not agree with us, and even those who don’t understand there are peaceful methods to avoid violent confrontations. When we cut off dialogue and retreat into the cocoon of our own prejudices, then we only have the crutch of labeling each other to fall back on.

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Graceland Economic Impact Plan Outlines Improvements For the Iconic Home

Elvis Presley once sang “There’s No Place Like Home,” and if developers are able to continue with proposed improvements to Graceland, that home and the surrounding area will get major improvements for residents and tourists.

James McLaren, a partner at Adams and Reese which represents Elvis Presley Enterprises, said the Graceland Economic Impact Plan will modernize the experience for Elvis fans visiting the home, improving the property as well as the nearby tourist shopping center.

An economic impact plan outlines construction and design plans, how they will be funded, and what benefit they’ll bring to the city and county.

One of the biggest planned improvements is construction of the Guest House at Graceland, a 450-room hotel with two restaurants and a 500-seat theater. It’s expected to open in the fall of 2015.

Artist rendering of the Guest House hotel

In addition to the hotel, retail and dining experiences on the property will be refreshed and modernized. A new focus on entertainment outside of the home itself may be “experiential or archive — other entertainment-type venues,” McLaren said, as the plan aims to appeal to not only current Elvis fans but a younger demographic as well.

One new development is a 200-seat theater presentation dubbed the Graceland Archives Studio, which focuses on Elvis archives that may be used as an educational tool. Others include a new entryway, a “discovery center” (a high-tech way to experience Elvis in concert), and new options for dining and retail.

The three-phase plan, which will cost between $121 and $132 million, focuses on the development of Graceland’s 120-acre property. But the improvements will offer 500 jobs, which is expected to further economic development in Whitehaven.

“There have been lots of people in the neighborhood who are very supportive of this project,” said McLaren. “What I think, and what Elvis Presley Enterprises thinks will happen, is that the redevelopment that they’re doing of the Graceland campus will be catalytic in redeveloping Whitehaven, particularly along Elvis Presley Boulevard.”

The Graceland Economic Impact Plan comes alongside the city and county’s own planned improvements to beautify the area over the next five years.

“The city and county are putting $4.3 million into Elvis Presley Boulevard, between Brooks Road and Shelby Drive,” McLaren said. “Between those two projects, there’s going to be such a large investment in the Whitehaven neighborhood, it can’t have but a catalytic impact.

“We have more than 600,000 visitors a year,” McLaren added. “They don’t just go to Graceland. They go to other things in the city. So improving [attendance] at Graceland means that you improve the whole economic environment in the city of Memphis.”

The plan would be funded in a few ways, including a “site-specific TIF,” or tax increment financing. That allows Elvis Presley Enterprises to pay off the debt quicker instead of paying the entirety of the new property tax, which after construction is completed, will be approximately $2.8 million. Currently, the company pays $689,000 in property taxes, which would continue after development until either 20 years or the debt is paid off.

Other sources of funding will come from Elvis Presley Enterprises as well as Tourism Development Zone sales tax and tourism surcharge funding tools.

Planners believe the impact of the new Graceland developments would provide more than $50 million in tax revenue over the next 15 years, including $5 million allotted to education in the area and $1 billion in economic impact for the city.