ENACTED 04/20/1999

ORDINANCE NO. O99-1566

An ordinance authorizing the acquisition of property by negotiation or condemnation for Elm Hill Pike, from Spence Lane to Massman Drive, Project No. 98-R-6.

Whereas, under Section 2.01(8) of the Metropolitan Charter The Metropolitan Government of Nashville and Davidson County is charged with the function and has the power to lay out, open, extend, widen, narrow, establish or change grade of, close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean and light streets, roads, alleys and walkways of the Metropolitan Government; and,

Whereas, under Section 8.402 of the Metropolitan Charter, the Department of Public Works of The Metropolitan Government of Nashville and Davidson County, Tennessee is charged with the responsibility and has the authority for the design, construction, maintenance, repair and cleaning of roads, highways, streets, alleys, storm sewers, and other public places, bridges, viaducts and other related structures; and,

Whereas, the Metropolitan Government is given the power by Section 2.01(12), of the Metropolitan Charter to provide for the taking and appropriation of real property within the area of the Metropolitan Government for any public purpose, when the public convenience requires it and in accordance with the provisions of Tennessee Code Annotated, Sections 29-16-101 et seq. And 29-17-101, et seq., and also the power to purchase real property for any public purpose; and,

Whereas, it is in the public interest that the Public Works’ project described in this ordinance and shown on the plans on file in the Office of the Director of Public Works be constructed to the extent and in manner shown thereon; and,

Whereas, the funds to defray the cost of Project No. 98-R-6 are available from GSD Multi Purpose Improvement Bonds of 1997, Fund No. 1-204 MP521.022; and,

Whereas, the acquisition of the necessary right-of-way and easements may result in some remnants of property which will need to be declared surplus and disposed in accordance with regulations of Public Property Administration;

Now, therefore, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County, Tennessee, that;

Section 1. The Director of Public Property Administration is hereby authorized to acquire by negotiation or condemnation the property interest described and shown on the right-of-way and easement plan on record in the Office of the Director of Public Works, including any amendments thereof, and designated as Project No. 98-R-6, Elm Hill Pike, from Spence Lane to Massman Drive, a public road of The Metropolitan Government of Nashville and Davidson County, such project being for a public purpose and the public convenience requiring it. The right-of-way and easement plan for the Elm Hill Pike, from Spence Lane to Massman Drive project, is made a part hereof the same as though copied herein.

Section 2. The Director of Public Property Administration is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceeding those property interest described on the right-of-way and easement plan of Project No. 98-R-6, Elm Hill Pike, from Spence Lane to Massman Drive, as designated for The Metropolitan Government of Nashville and Davidson County, Tennessee.

Section 3. The Director of Public Property Administration is hereby authorized and directed to dispose of the remnant properties, including improvements, in accordance with the approved and accepted procedures of the Public Property Administration. These properties must be declared surplus by the Public Works Director prior to disposal.

Section 4. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provisions of this ordinance, it being the express intent of the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.

Section 5. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government requiring it.

Sponsored By: Roy Dale, Ronnie Steine & Don Majors

LEGISLATIVE HISTORY
Introduced:	March 2, 1999
Passed First Reading:	March 2, 1999
Referred to:	Planning Commission - Approved 7-0  (3/18/99) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Deferred:	March  16, 1999
Passed Second Reading:	April 6, 1999
Passed Third Reading:	April 20, 1999
Approved:	April 26, 1999
By: