ORDINANCE NO. BL2004-131

ORDINANCE NO. BL2004-131

An ordinance authorizing the acquisition of property by negotiation or condemnation for the box bridge replacement at Dry Fork Road over Carney Creek, Project No. 03-B-01 (Proposal No. 2004M-006G-03).

WHEREAS, under Section 2.01(8) of the Metropolitan Government Charter, The Metropolitan Government of Nashville & 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;

WHEREAS, under Section 8.402 of the Metropolitan Charter, the Department of Public Works of The Metropolitan Government of Nashville & 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, other public places, bridges, viaducts, and other related structures;

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, Section 29-16-101 et seq., and 29-17-101 et seq., and also the power to purchase real property for any public purpose;

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. 03-B-01 are available from Fund 40223, BU 42402800, GSD Multi-Purpose Improvement Bonds of 2002.

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 Project No. 03-B-01, Dry Fork Road over Carney Creek Box Bridge Replacement Project, and of record in the official street and alley acceptance and maintenance map, as amended, M.C.L. section 13.08.010, such projects being for a public purpose and the public convenience requiring it. A list of the property addresses included in this authorization, with map and parcel numbers, is attached hereto and made a part hereof as if written verbatim herein.

SECTION 2. 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 3. That any amendments to this ordinance shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.

SECTION 4. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson requiring it.

LEGISLATIVE HISTORY
Introduced:	January 20, 2004
Passed First Reading:	January 20, 2004
Referred to:	Planning Commission – Approved 9-0 (January 22, 2004) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Amended:	February 3, 2004
Passed Second Reading:	February 3, 2004
Passed Third Reading:	February 17, 2004
Approved:	February 18, 2004
By: