ORDINANCE NO. BL2010-765

An ordinance authorizing the Metropolitan Water Services Department to submit application(s) for grants from the Tennessee Emergency Management Agency to the Metropolitan Government of Nashville and Davidson County for hazard mitigation, and the expenditure of funds and future acquisition of property upon approval of the Metropolitan Council by resolution.

WHEREAS, the historic rain event of May 1 and 2 of 2010 caused a widespread flood and land movement displacing families and destroying homes; and,

WHEREAS, on May 4, 2010, the President of the United States determined that the rain events of May 1 and 2, 2010 caused damage of sufficient severity and magnitude to warrant major disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Act”) to supplement the efforts and available resources of the State of Tennessee, The Metropolitan Government of Nashville and Davidson County, and disaster relief organizations in alleviating the damage, loss, hardship, and suffering caused thereby; and,

WHEREAS, it is the desire of the Metropolitan Government to avoid future damage, loss, hardship and suffering in the areas affected by flooding and land movement by purchasing homes and properties, removing structures located in vulnerable areas and perform soil remediation; and,

WHEREAS, the Act, under Section 42 U.S.C. 5170c, provides that the United States may contribute up to seventy-five percent (75%) of the cost of mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage, hardship, loss or suffering in any area affected by a major disaster; and,

WHEREAS, the Act, under Section 42 U.S.C. 5170c, provides that the total contribution of the federal government for mitigation measures related to the Hazard Mitigation grant Program shall not exceed fifteen percent (15%) of the estimated aggregate amount of grants received as a result of the major disaster (for amounts not more than $2,000,000,000); and,

WHEREAS, the Tennessee Emergency Management Agency (TEMA) has agreed to match the Metropolitan Government’s contributions toward the local share required for this Hazard Mitigation Grant Program; and,

WHEREAS, other grants including the Pre-Disaster Mitigation Grant, Repetitive Flood Grant and other hazard mitigation grants administered by TEMA provide opportunities for additional hazard mitigation through acquisitions and removal of structures damaged by the rain event that occurred on May 1 and 2, 2010; and,

WHEREAS, Section 3.05 of the Charter of the Metropolitan Government of Nashville and Davidson County provides that the Metropolitan Council shall exercise its legislative authority by ordinance, except as specifically provided by general law; and,

WHEREAS, Ordinance No. BL2002-1186 provides that all grants requiring Council approval may be approved by the Council through adoption of a resolution; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that this grant be applied for and that future acceptance and appropriation of the grant funds, as well as the acquisition of property and administration of the home purchase program, be approved by resolution of the Metropolitan Council.

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

Section 1: Notwithstanding the provisions of Section 2.24.250.F. of the Metropolitan Code to the contrary, the Metropolitan Water Services Department is hereby authorized to acquire interests in real property pursuant to a hazard mitigation grant program using federal and/or state grant funds received by the Metropolitan Government for such a purpose upon approval of a resolution by the Metropolitan Council receiving at least twenty-one affirmative votes that identifies the specific parcels to be acquired and the maximum price to be paid for each parcel.

Section 2. That the Metropolitan Water Services Department is hereby authorized to administer such grants.

Section 3. That all future grants or amendments to such grants related to the acquisition of property located in the floodway and floodplain of Davidson County may be approved by a resolution of the Metropolitan Council that receives at least twenty-one affirmative votes.

Section 4. That this resolution shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Megan Barry, Buddy Baker, Jim Hodge, Frank Harrison

Amendment No. 1
To
Ordinance No. BL2010-765

Madam President:

I move to amend Ordinance No. BL2010-765 by amending Section 4 by deleting the word “resolution”, and substituting with the word “Ordinance”.

Sponsored by: Megan Barry

LEGISLATIVE HISTORY
Introduced:	September 21, 2010
Passed First Reading:	September 21, 2010
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	October 5, 2010
Amended:	October 19, 2010
Passed Third Reading:	October 19, 2010
Approved:	October 20, 2010
By: