ORDINANCE NO. BL2011-6

An ordinance authorizing the acquisition of property in fee simple by negotiation, condemnation, or acceptance for the purpose of acquiring land to construct a new Metropolitan Nashville Police Precinct.

WHEREAS, The Metropolitan Government of Nashville and Davidson County is given the power by Section 2.01(5) and (12), of the Metropolitan Charter to provide for the taking and appropriation of real property within the area of The Metropolitan Government of Nashville and Davidson County 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 also the power to purchase real property for any public purpose; and,

WHEREAS, Tennessee Code Annotated, Section 29-17-101, et seq., further authorizes condemnation of real property; and,

WHEREAS, the Metropolitan Government seeks to acquire certain parcels of property located on Davidson County Tax Map 105-05, Parcel 181, Tract 1, and Map 105-05, Parcels 176, 179, 180, Tracts 2, 3, & 5 as described in the document incorporated herein as Exhibit A; and,

WHEREAS, it is in the public interest that the property listed on Exhibit A, which is attached hereto and incorporated herein, be acquired through negotiation, condemnation proceedings, or acceptance for the purpose of constructing a new Metropolitan Nashville Police Precinct.

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

Section 1. That the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation, condemnation proceedings, or acceptance in the name of The Metropolitan Government of Nashville and Davidson County, the fee simple property interests in the property listed on Exhibit A and incorporated herein for the purpose of constructing a new Metropolitan Nashville Police Precinct, and to execute such documents as may be necessary to effect the acquisition of the property by the Metropolitan Government.

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 provision of this ordinance, it being the express intent of the Council of The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.

Section 3. Acquisition of additional or different properties, for these same purposes, or the elimination of any of these parcels no longer needed for these purposes, shall be approved by resolution.

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

Sponsored by: Sandra Moore, Sean McGuire, Bo Mitchell

LEGISLATIVE HISTORY

Introduced: October 4, 2011
Passed First Reading: October 4, 2011
Referred to: Planning Commission - Approved
Budget & Finance Committee
Public Safety Committee
Planning & Zoning Committee
Passed Second Reading: October 18, 2011
Passed Third Reading: November 15, 2011
Approved: November 17, 2011
By: mayor's signature