ORDINANCE NO. BL2012-288

An ordinance authorizing the construction and maintenance of wetland restoration projects in Bells Bend Park and authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions related to the wetland mitigation projects in Bells Bend Park (Proposal No. 2012M-030PR-001).

WHEREAS, the Metropolitan Government of Nashville and Davidson County is the owner of real property known as Bells Bend Park and described in an Agreed Final Order of record with the Davidson County Tennessee Register of Deeds, Book 9631, Page 976; and,

WHEREAS, the Board of Parks and Recreation and the Friends of Bells Bend Park are collaborating to implement the recommendations of the Bells Bend Environmental Park Master Plan that includes wetland enhancement projects in Bells Bend Park; and,

WHEREAS, pursuant to Resolution No. RS2011-25, the Metropolitan Council approved an Amended Memorandum of Understanding between the Metropolitan Government, the Metropolitan Nashville Airport Authority, the Federal Aviation Administration, and the Friends of Bells Bend Park regarding the construction and maintenance of a 1.2 acre wetland in Bells Bend Park; and,

WHEREAS, the Tennessee Department of Transportation has entered into a contract with the Friends of Bells Bend Park regarding the funding, construction and maintenance of ten (10) acres of a wetland restoration project in Bells Bend Park; and,

WHEREAS, the Tennessee Department of Transportation’s funding of the construction and maintenance of ten (10) acres of wetland mitigation project in Bells Bend Park is contingent upon the approval of the Metropolitan Council; and,

WHEREAS, the United States Army Corps of Engineers and the Tennessee Department of Environment and Conservation require that the owner of the property wherein wetland mitigation projects are to be constructed execute and record a Notice of Land Use Restrictions; and,

WHEREAS, the existing topography of the selected location allows the wetland mitigation project to reclaim 2.8 acres more than the minimum required without incurring additional cost; and,

WHEREAS, the construction and maintenance of wetland mitigation projects in Bells Bend Park will benefit the citizens of the Metropolitan Government of Nashville and Davidson County.

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

Section 1. That the construction and maintenance of ten (10) acres of wetland mitigation project in Bells Bend Park, as reflected in the contract between the Friends of Bells Bend Park and the Tennessee Department of Transportation, attached as Exhibit I hereto and incorporated herein, is hereby approved.

Section 2. That the agreement between the Metropolitan Government of Nashville and Davidson County and the Friends of Bells Bend Park, regarding the construction and maintenance of the wetland mitigation project funded by the Tennessee Department of Transportation, attached as Exhibit II hereto and incorporated herein, is hereby approved.

Section 3. That the Notice of Land Use Restrictions, attached as Exhibit III hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same, and the Director of Public Property is hereby authorized to take necessary action to record the Notice of Land Use Restrictions with the Register of Deeds.

Section 4. That amendments to the agreement between the Metropolitan Government of Nashville and Davidson County and the Friends of Bells Bend Park, and amendments to the Notice of Land Use Restrictions may be processed by Resolution.

Section 5. That 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: Lonnell Matthews, Erica Gilmore

LEGISLATIVE HISTORY
Introduced:	October 16, 2012
Passed First Reading:	October 16, 2012
Referred to:	Planning Commission - Approved Budget & Finance Committee Parks Committee Planning & Zoning Committee
Passed Second Reading:	November 13, 2012
Passed Third Reading:	November 20, 2012
Approved:	November 21, 2012
By: