ORDINANCE NO. BL2005-878

An ordinance authorizing the acquisition of certain property at Parcel ID 90000000370 in fee simple by negotiation or condemnation, and declaring surplus and authorizing the transfer of certain property located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, and Parcel ID 90000000370 by the Metropolitan Government of Nashville and Davidson County to the Industrial Development Board (Proposal No. 2005M-220U-09).

Whereas, by Resolution RS2004-140 the Metropolitan Council created a task force to determine the highest and best use of the property previously occupied by the Nashville Thermal Transfer Plant ("thermal property"); and

Whereas, the task force recommended that the thermal property be developed with a new minor league baseball stadium and mixed residential and commercial use development; and

Whereas, the Metropolitan Council accepted the task force's report, by Resolution RS2004-461; and

Whereas, the Metropolitan Government of Nashville and Davidson County presently owns certain property, located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01 ("Metro Property"), which Property has been determined to be surplus; and

Whereas, it is in the public interest to transfer said Property to the Industrial Development Board, to effectuate the redevelopment of the Property; and

Whereas, it is in the public interest that the property located at Parcel ID 90000000370 and shown on Exhibit A hereto, to the extent contained within the bounds of the Metro Property, ("Railroad Property") be acquired in fee simple by the Metropolitan Government, to enable the Metropolitan Government to most beneficially and efficiently dispose of its surrounding surplus property, and to enable the development of one or more public projects on the site; and

Whereas, said Railroad Property is not currently being actively used by the property owner(s).

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

Section 1. The Director of Public Property Administration is hereby authorized to acquire in fee simple by negotiation or condemnation the Railroad Property, located at Parcel ID 90000000370 and shown on Exhibit A hereto, to the extent contained within the bounds of the Metro Property, the same being for a public purpose and the public convenience requiring it.

Section 2. The Director of Public Property Administration is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceedings the interests in real property described in Section 1 herein in the name of The Metropolitan Government of Nashville and Davidson County for use in public projects of the Metropolitan Government.

Section 3. All necessary and incidental costs of the acquisition herein authorized shall be paid from funds authorized from the RPS Capital Fund Number 40150.

Section 4. The property located at Map 93-06, Parcel 41, Map 93-07, Parcels 35, 36, 37, 41, and 41.01, in addition to that located at Parcel ID 90000000370 and shown on Exhibit A hereto which is yet to be acquired by the Metropolitan Government, (collectively, "Property") is declared to be surplus.

Section 5. The Metropolitan Government, by and through the Director of Public Property Administration, is hereby authorized to transfer the entirety of aforedescribed Property to the Industrial Development Board, whether said Property is presently owned or hereafter acquired by the Metropolitan Government.

Section 6. That this Ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson, Jim Forkum, Amanda McClendon, Rip Ryman, Buck Dozier

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Amendment No. 1
To
Ordinance No. BL2005-878

Mr. President:

I move to amend Ordinance No. BL2005-878 as follows:

1. By amending the fourth recital clause to state as follows:

"Whereas, the Metropolitan Government of Nashville and Davidson County presently owns certain property, located at Map 93-06, Parcel 41, Map 93-07, Parcel 41 (that portion extending North of the Gateway Bridge right-of-way), and Map 93-07, Parcels 35, 36, 37, and 41.01, ("Metro Property"), which Property has been determined to be surplus; and"

2. By amending Section 4 to state as follows:

"Section 4. The property located at Map 93-06, Parcel 41, Map 93-07, Parcel 41 (that portion extending North of the Gateway Bridge right-of-way), and Map 93-07, Parcels 35, 36, 37, and 41.01, in addition to that located at Parcel ID 90000000370 and shown on Exhibit A hereto which is yet to be acquired by the Metropolitan Government, (collectively, "Property") is declared to be surplus."

Sponsored by: Jim Forkum

LEGISLATIVE HISTORY

Introduced: December 6, 2005
Passed First Reading: December 6, 2005
Referred to: Planning Commission
Budget & Finance Committee
Parks, Library, Recreation & Public
     Entertainment Facility Committee
Planning & Zoning Committee
Deferred: December 20, 2005
Amended: January 17, 2006
Passed Second Reading: January 17, 2006 - Roll Call Vote 
Passed Third Reading: February 7, 2006 - Roll Call Vote 
Approved: February 8, 2006 
By: