ORDINANCE NO. BL2017-725
An ordinance establishing a Conservation Assistance Grant Fund, appropriating an initial sum to such fund, and amending chapter 2.154 of the Metropolitan Code of Laws with respect to the name, composition, and duties of the Greenways Commission.
WHEREAS, Metropolitan Nashville and Davidson County includes many properties having great natural, cultural, and environmental importance; and,
WHEREAS, the establishment of a fund to facilitate conservation and preservation of such properties has been recommended in the 2017 Livable Nashville Report, the 2017 Plan to Play Parks & Greenways Master Plan, the 2015 Nashville Next General Plan, the 2011 Open Space Plan, and the 2009 Green Ribbon Report; and,
WHEREAS, the conservation and preservation of such properties benefits the residents of Nashville and Davidson County by providing opportunities for outdoor recreation, promoting tourism, and contributing to smart growth and a healthy environment.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The Conservation Assistance Grant Fund shall be created for the purpose of assisting in the conservation and preservation of local properties having natural, cultural, and environmental significance.
Section 2. An initial amount of $500,000 is appropriated to the Conservation Assistance Grant Fund from Business Unit 40404015, Fund 40015.
Section 3. The title of Chapter 2.154 of the Metropolitan Code of Laws shall be amended by adding the words “and Open Space” between the words Greenway and Commission.
Section 4. The first sentence of section 2.154.010, Establishment/Membership, shall be amended by adding the phrase “and open space” between the words greenway and commission.
Section 5. Section 2.154.010(A) shall be amended by replacing the word seven with eight.
Section 6. Section 2.154.010(C) shall be amended by replacing the period at the end of subsection 5 with a semicolon and adding the following subsections:
6. The director of the department of water and sewerage services or his designee; and
7. The director of the Metropolitan Development and Housing Agency or his designee.
Section 7. A new section 2.154.015 shall be added, providing as follows:
The Department of Parks and Recreation shall provide such staffing and assistance to the commission as it may reasonably require.
Section 8. Section 2.154.030(A) shall be amended by replacing the period at the end of subsection 6 with a semicolon and adding the following subsections:
7. To oversee the management and operation of the Conservation Assistance Grant Fund;
8. To solicit and evaluate applications for and make grants from the Conservation Assistance Grant Fund to facilitate the conservation and preservation of properties in Davidson County having important natural, cultural, or environmental characteristics, whether by acquisition of an interest therein by the Metropolitan Government or otherwise;
9. Subject to the approval of the metropolitan council by resolution, to obtain for and in the name of the Metropolitan Government by purchase or donation interests in real property having important natural, cultural, or environmental characteristics and worthy of conservation or preservation;
10. To conduct studies and make recommendations to the metropolitan council and departments as may be appropriate concerning the conservation and preservation of local properties; and
11. To promote public understanding of the benefits of conserving and preserving Davidson County’s important natural, cultural, and environmental properties and public access to such properties.
Section 9. A new section 2.154.040 shall be added, providing as follows:
2.154.040 Additional Authority
In order to carry out and facilitate its general purposes, the commission shall have the authority to:
A. enter into contracts procuring assistance for the commission in administering the Conservation Assistance Grant Fund and otherwise performing its duties, provided that any such contract be procured in accordance with Title 4 of the Metropolitan Code of Laws;
B. elect a chairperson and such other officers as may be necessary to carry out its duties;
C. promulgate bylaws and regulations for the efficient conduct of its business;
D. solicit, accept, and receive unrestricted gifts of funds, goods, and services on behalf of the Conservation Assistance Grant Fund; provided, however, that a restricted gift or grant to the commission shall require the approval of the metropolitan council by resolution;
E. receive and expend monies appropriated by the metropolitan council or donated to the Conservation Assistance Grant Fund for the purposes expressed in this chapter;
F. establish criteria for and enter into contracts for the making of grants to nonprofit entities from the Conservation Assistance Grant Fund; and
G. perform any additional functions authorized by state law or metropolitan ordinance consistent with the commission’s purpose.
Section 10. A new section 2.154.050 shall be added, providing as follows:
2.154.050 Grant Agreements
Grant agreements proposed to be entered into by the commission shall be subject to the approval of the metropolitan council by resolution. Where the commission will be the grantor, each grant agreement shall provide that the commission has the right to approve and enforce any contract for the conservation or preservation of property to which the grantee is a party and in connection with which the grant has been made. No metropolitan government bond proceeds shall be used in the making of any grant by the commission unless through such grant the metropolitan government acquires an interest in real property.
Section 11. A new section 2.154.060 shall be added, providing as follows:
2.154.060 Reports to Council
Not later than December 31 of each year, the commission shall submit to the metropolitan council a report detailing the activities of the commission during that year, including a list of every entity that has received a grant from the commission, the property to which each grant applied, and a description of the characteristics of the property warranting conservation or preservation.
Section 12. This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: John Cooper, Angie Henderson
|Introduced:||May 16, 2017|
|Passed First Reading:||May 16, 2017|
|Referred to:||Budget & Finance Committee
Parks, Library, and Recreation Committee
|Passed Second Reading:||June 6, 2017|
|Passed Third Reading:||June 20, 2017|
|Approved:||June 21, 2017|
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.