An ordinance authorizing the acquisition of property by The Metropolitan Government of Nashville or Davidson County by negotiation or condemnation for the Lebanon Pike Sidewalk Improvement Project from Munn Road to Disspayne Drive, Project No. 01-R-08 (Proposal No. 2002M-060U-14).

WHEREAS, Under Section 2.01(8) of the Metropolitan Government 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 the 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 & Davidson County is charged with the responsibility and has the authority for the design, construction, maintenance, repair, and cleaning of roads, highways, streets, alleys, storm sewers, 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 29-16-101 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, $70,000, to defray the cost of Project No. 01-R-08 are available from Fund 40130, BU 42411120, GSD Multipurpose Improvement Bonds of 2001.

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

SECTION 1. That 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 Project No. 01-R-08, Lebanon Pike Sidewalk Improvement Project, and CIB # 95PW0A03, and of record in the Official Street and Alley Acceptance and Maintenance Map, as amended, Metropolitan Code of Laws, Section 13.08.010, such projects being for a public purpose and the public convenience requiring it.

SECTION 2. That 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, Tennessee that the remainder of this ordinance continue in full force and effect.

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

Sponsored by: Lawrence Hall Jr., Bruce Stanley

LEGISLATIVE HISTORY
Introduced:	May 20, 2003
Passed First Reading:	May 20, 2003
Referred to:	Planning Commission - Approved 7-0 Planning & Zoning Committee Budget & Finance Committee Public Works Committee
Passed Second Reading:	June 3, 2003
Passed Third Reading:	June 10, 2003
Approved:	June 11, 2003
By: