An ordinance authorizing the acquisition of property by negotiation or condemnation for Smith Springs Road and Bell Road Intersection Improvements, Project No. 94-R-3 (Proposal No. 2002M-042G-13).

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, and other public places, bridges, viaducts, and other related structures; and,

Whereas, the Metropolitan Government is given the power by Section 2.01(12), (5) 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 29-16-10 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 Projects No. 94-R-3 are available from GSD Multi-Purpose Improvement Bonds of 2001;

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

Section 1. The Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation the property interests described and shown on the right-of-way and easement plan or plans on file in the Office of the Director of Public Works, including any amendments thereof, and designated Projects No. 94-R-3, Smith Springs Road and Bell Road Intersection Improvements and CIB # 97PW028 (GSD), and of record in the official street and alley acceptance and maintenance map, as amended, M.C.L. § 13.08.010, such projects being for a public purpose and the public convenience requiring it.

Section 2. The Director of Public Property Administration, or his designee, is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceeding those property interests described on the right-of-way and easement plan or plans described in Section 1 of this ordinance, as designated for The Metropolitan Government of Nashville and Davidson County, Tennessee.

Section 3. 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 4. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Amanda McClendon, Jim Shulman, Janis Sontany

LEGISLATIVE HISTORY
Introduced:	May 9, 2002
Passed First Reading:	May 9, 2002
Referred to:	Planning Commission - Approved 7-0 (4/25/02) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	May 21, 2002
Passed Third Reading:	June 4, 2002
Approved:	June 6, 2002
By: