ORDINANCE NO. BL2011-959

An ordinance authorizing the execution and filing with the Register of Deeds a Notice of Land Use Restriction for the Old Due West Landfill Site (Proposal No. 2011M-010PR-001).

WHEREAS, the Metropolitan Government of Nashville and Davidson County is the owner of the real property located at 801 Old Due West Avenue, the Old Due West Landfil Site closed since the 1970s, (the “Property”); and,

WHEREAS, the Property has been remediated, to the extent practicable, consistent with the National Contingency Plan and to levels protective of human health and the environment in a commercial/industrial area; and,

WHEREAS, pursuant to T.C.A. Section 68-212-225 of the Hazardous Waste Management Act of 1983, the Commissioner of the Tennessee Department of Environment and Conservation (“TDEC”) has determined that land use restrictions are an appropriate remedial action at the Property.

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

Section 1. That the Notice of Land Use Restrictions, attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same, and the Director of Public Works is hereby authorized to take necessary action to record the Notice of Land Use Restrictions with the Register of Deeds.

Section 2. All necessary and incidental costs of the Notice of Land Use Restrictions herein authorized to be executed and filed shall be paid from funds authorized from Fund No. 30501.

Section 3. Amendments to the Notice of Land Use Restriction may be processed by Resolution.

Section 4. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Hodge

LEGISLATIVE HISTORY
Introduced:	July 5, 2011
Passed First Reading:	July 5, 2011
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Passed Second Reading:	July 19, 2011
Passed Third Reading:	August 2, 2011
Approved:	August 3, 2011
By: