RESOLUTION NO. RS2010-1466

A resolution authorizing the Metropolitan Water Services Department pursuant to BL2010-765 to negotiate and acquire property damaged in the floods of May 1 and 2 of 2010 for hazard mitigation.

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, TEMA has approved a Hazard Mitigation Grant for acquisition of properties damaged by flood waters on or near Delray Drive and West Hamilton Avenue and the removal of the structures; and,

WHEREAS, the total net eligible project cost of $9,463,090.00 that consists of $7,097,318.00 federal share, $1,182,886.00 state share, and $1,182,886.00 local share.

WHEREAS, BL2010-765 authorizes the Metro Water Services Department to expend funds for the acquisition of property by resolution of the Metropolitan Council and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that the said property be acquired and the administration of the home purchase program be approved by resolution of the Metropolitan Council.

NOW, THEREFORE BE IT RESOLVED 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 the real property identified in attachment A and to execute and administer all other necessary actions 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 this resolution by the Metropolitan Council receiving at least twenty-one affirmative votes.

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

Section 3. 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, Walter Hunt, Lonnell Matthews

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LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	December 7, 2010
Adopted:	December 7, 2010
Approved:	December 13, 2010
By: