An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

WHEREAS, the U.S. Department of Housing and Urban Development requires local governments participating in federal housing and community development programs to submit a Consolidated Plan for housing and community development; and

WHEREAS, in September 1994, the Metropolitan Council through Resolution R94-1396 designated the Metropolitan Development and Housing Agency (MDHA) as the lead agency responsible for the preparation of the Consolidated Plan for Housing and Community Development programs for the Metropolitan Government of Nashville and Davidson County; and

WHEREAS, the current five year Consolidated Plan for Housing and Community Development programs was prepared by MDHA in 2004 and adopted by the Metropolitan Council through Ordinance No. BL2004-425; and

WHEREAS, the Consolidated Plan was prepared by MDHA with the assistance of a wide-variety of public and private agencies, as well as, numerous private citizens and community advocates and using a number of existing planning documents; and

WHEREAS, the Consolidated Plan includes a Citizen Participation Plan, a Market Analysis and Needs Assessment, Strategies for Meeting Priority Needs and an Annual Plan for the expenditure of Community Development Block Grant (CDBG), HOME Investment Partnerships Program, Emergency Shelter Grants (ESG) Program and the Housing Opportunities for Persons With AIDS (HOPWA) program funds; and

WHEREAS, the Consolidated Plan has been prepared by the Metropolitan Development and Housing Agency to allocate funds from the Community Development Block Grant program, the HOME Investment Partnerships Program, the Emergency Shelter Grants Program and the Housing Opportunities for Persons With AIDS program.

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

Section 1. That the Metropolitan Mayor is hereby authorized to submit the Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

Section 2. A description of the Annual Plan for the expenditure of CDBG, HOME, ESG, and HOPWA funds for the program years 2007-2010 is attached hereto and made a part of this Ordinance.

Section 3. That the Metropolitan Development and Housing Agency is authorized to administer the Consolidated Plan on behalf of the Metropolitan Government of Nashville and Davidson County.

Section 4. The local match required for Emergency Shelter Grant funds will be provided by local non-profit organizations selected as sub-grantees. Repayments received from the Urban Development Action Grant (UDAG) will be used as necessary to provide the twenty-five percent local match for the HOME Investment Partnerships Program.

Section 5. If any changes occur in the final entitlement amounts for CDBG or HOME as shown in the attachments to this Ordinance, each line in the proposed program not specifically regulated by contracts or agreements with the U.S. Department of Housing and Urban Development shall be raised or lowered on a pro rata basis. If the final entitlement amount for the ESG or HOPWA funds is below that shown in the attachments to this Ordinance, each line item in the proposed program will be reduced on a pro rata basis. Any additional ESG or HOPWA funds received above the amount shown in the attachments to this Ordinance will be allocated by the ESG & HOPWA Review Committee, based on applications submitted to the Review Committee.

Section 6. The acquisition of any real property by the Metropolitan Development and Housing Agency in conjunction with the four federal programs included in the Consolidated Plan shall be subject to the following provisions:

a. The exercise of the power of eminent domain is expressly reserved by the Metropolitan Council and is not delegated to any agency, board, commission or authority administering any part of a Community Development Plan, project or program.

b. No parcel of property may be acquired under any Community Development Plan or project except for public use and by ordinance authorizing the acquisition of such parcel except with the written consent of the owner.

c. This section shall not apply to any open urban renewal project, redevelopment project, or housing development program approved by the Metropolitan Council in accordance with state law.

Section 7. The Metropolitan Council expressly withholds any approval for the expenditure of funds for any project or for the administrative costs associated with the Community Development Block Grant program. All requested program expenditures shall be submitted to the Council for final approval by Resolution. And further, detailed project plans for capital improvement projects shall be on file in the Community Development Office of MDHA at the time of the filing of the Resolution.

Section 8. That this ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Edith Taylor Langster, Mike Jameson, Erik Cole, Erica Gilmore, Megan Barry, Sandra Moore

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	November 6, 2007
Passed First Reading:	November 6, 2007
Referred to:	Federal Grants Review Committee
Passed Second Reading:	November 20, 2007
Passed Third Reading:	December 4, 2007
Approved:	December 10, 2007
By: