RESOLUTION NO. RS2002-1292

A resolution authorizing Metropolitan Real Property Services to negotiate and acquire, by fee simple purchase, properties located on Seven Mile Creek, Metro Water Services Project No. 02-D-149B, Map 147-6, Parcels 196-199, 107, 107.01 and 200, Map 147-2, Parcel 192, Map 147-7, Parcel 003, Map 147-3, Parcel 012. Proposal No. 2002M-111U-12.

WHEREAS, Metropolitan Government has determined that it is in the best interest of the Department of Water and Sewerage Services to purchase this flood prone property; and,

WHEREAS, Metro Government has received a $1,062,562 federal grant and a $133,967 state grant to fund a large portion of the home purchases; and,

WHEREAS, Section 2.24.250(F) of the Metropolitan Code of Laws provides:

"Where land in fee simple is being purchased for purposes other than for rights-of-way for highways, streets, roads, alleys and other places for vehicular traffic, the director of Real Property Services shall negotiate for the purchase of such property and seek to obtain from the owner an option to sell to the Metropolitan Government at a fixed price subject to the approval of the Metropolitan Council by resolution, and no purchase shall be consummated until it has been so approved by the metropolitan council"; and,

WHEREAS, Project No. 02-D-149B, Seven Mile Creek Buyout, has been funded under Capital Improvements Budget No. 02DG0013.

WHEREAS, the Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on October 29, 2002, Proposal Number 2002M-111U-12.

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

SECTION 1. The Director of Public Property, or his designee, is hereby authorized to acquire by negotiation the Seven Mile Creek properties, list attached. The land purchase so described is for the purpose of preventing future stormwater flooding losses on the properties. Project No. 02-D-149B, Seven Mile Creek Buyout, Map 147-6, Parcels 196-199, 107, 107.1, and 200, Map 147.2, Parcel 192, Map 147-7, Parcel 003, Map 147-3, Parcel 012.

SECTION 2. 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: Lawrence Hall, Jr., Craig Jenkins, Michelle Arriola